MINISTRY OF LANDS, PUBLIC WORKS, HOUSING AND URBAN DEVELOPMENT State Department for Housing and Urban Development Second Kenya Informal Settlements Improvement Project (KISIP2) p y UPDATED ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT Co REPORT FOR THE PROPOSED INFRASTRUCTURES IMPROVEMENT WORKS IN SELECTED INFORMAL SETLEMENTS IN KAKAMEGA COUNTY (5 No. SETTLEMENTS-SHIBALE, AMALEMBA, LUKOYE MJINI AND KAMBI SOMALI) re su lo isc SEPTEMBER 2023 D RHINES ENGINEERING SERVICES LIMITED Batch Associates Ltd. P. O. Box 24103-00100 Nairobi P.O. Box 9947-00200 Tel. (+254) 20-2621168 Nairobi, Kenya D isc lo su re Co py Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) TABLE OF CONTENTS PROJECT SUMMARY SHEET ........................................................................................................................ i LIST OF ANNEXES: ........................................................................................................................................ ix LIST OF TABLES ............................................................................................................................................... x LIST OF FIGURES........................................................................................................................................... xii LIST OF ACRONYMS AND ABBREVIATIONS ................................................................................... xiv EXECUTIVE SUMMARY ............................................................................................................................. xvi 1. INTRODUCTION...................................................................................................................................... 1 1.1. Background ....................................................................................................................................... 1 1.2. Overview of the Kenya Informal Settlement Improvement Program (KISIP) ..................... 1 1.3. Project Relevance and Justification ............................................................................................... 3 y 1.4. Justification of the ESIA review and update ............................................................................... 3 p 1.5. General Study Objective ................................................................................................................. 7 1.6. The study Team................................................................................................................................ 8 2. 1.7. 1.8. 2.1 Co Approach followed for conducting ESIA Study ......................................................................... 9 Limitations of the Study................................................................................................................ 11 PROJECT DESCRIPTION AND DESIGN ....................................................................................... 12 Introduction .................................................................................................................................... 12 re 2.2 A brief Description of the project location................................................................................ 13 2.3 INITIAL PROJECT SCOPE ...................................................................................................... 14 su 2.3.1 Initial Roads and Drainage Infrastructure component ............................................................ 14 2.3.1.1 Flow Velocity in Storm water Channels ................................................................................. 15 lo 2.3.1.2 Road Crossings........................................................................................................................... 15 2.3.1.3 Structural Design Criteria ......................................................................................................... 15 isc 2.3.1.4 Initial Building of Drainage Works ......................................................................................... 15 2.3.2 Initial Water and Sanitation Component .................................................................................... 15 2.3.2.1 Water Kiosks .............................................................................................................................. 16 D 2.3.2.2 Water Storage ............................................................................................................................. 17 2.3.2.3 Initial Sewer Design................................................................................................................... 18 2.3.3 Initial Flood lights and Street Lighting ....................................................................................... 18 2.4 REVISED PROJECT SCOPE.................................................................................................... 19 2.4.1 Roads Construction Component ................................................................................................. 20 2.4.1.1 General Road and Drainage Design ....................................................................................... 21 2.4.2 Scope of Works for Each Settlement.......................................................................................... 23 2.4.3 Road Furniture Safety ................................................................................................................... 26 2.4.4 Mainstreaming Of Low Carbon Footprint and Climate Resilience in the Design ............... 26 2.5 Electrical Works Component ....................................................................................................... 27 ii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.5.1 Street Lighting ................................................................................................................................ 27 2.5.2 The proposed street lighting ........................................................................................................ 27 2.5.3 Components of The All – In – One (Integrated) Solar Street Light ...................................... 28 2.5.4 30M High Mast Flood Lighting ................................................................................................... 33 2.5.5 Climate Resilience and Adoption for Electrical Component .............................................. 34 2.5.5.1 LED lights are more energy efficient than traditional lighting ....................................... 34 2.5.5.2 LED lights have a longer lifespan ....................................................................................... 35 2.5.5.3 LED lights do not contain harmful toxic chemicals ........................................................ 35 2.5.5.4 LEDs have a much smaller carbon footprint .................................................................... 35 2.5.5.5 LED lights help promote plant growth.............................................................................. 35 2.5.5.6 LED lights lose less heat to the environment ................................................................... 35 y 2.6 Water and Sewerage Component ................................................................................................ 36 p 2.6.1 Sewerage .......................................................................................................................................... 39 2.7 Construction Materials .................................................................................................................. 43 2.8 2.9 2.10 2.11 Co Labour Requirements .................................................................................................................... 43 Materials and Equipment Storage/Laydown Areas .................................................................. 44 Project Implementation Schedule ............................................................................................... 44 Project Cost Estimates .................................................................................................................. 44 re 2.12 Project Beneficiaries ...................................................................................................................... 45 2.13 Institutional Framework for Implementation of KISIP .......................................................... 45 su 3. ANALYSIS OF PROJECT ALTERNATIVES.................................................................................... 47 3.1 Alternative Design and Technology ............................................................................................ 47 lo 3.1.1 Solar Powered High Mast Vs Grid Powered High Mast ......................................................... 47 3.1.2 Cabro road surface Vs Asphalt Road Surface ........................................................................... 48 isc 3.2 Individual consumer water supply connections ........................................................................ 48 3.2.1 Benefits of Individual water consumer connections ................................................................ 48 3.2.2 Benefits of household public sewer system to onsite waste disposal..................................... 48 3.2.3 The Benefits of Using HDPE Pipes ........................................................................................... 49 D 3.3 Selection of Sanitation/Sewerage Technology .......................................................................... 50 3.3.1 Sanitation System ........................................................................................................................... 50 3.4 Last Mile Water Connectivity System ......................................................................................... 51 3.4.1 Water Kiosks .................................................................................................................................. 51 3.4.2 Household Tap Connections ....................................................................................................... 52 3.5 Alternative Sites.............................................................................................................................. 52 3.6 The No Project Option................................................................................................................. 53 4. REVIEW OF POLICY AND LEGISLATIVE FRAMEWORK THAT HAS IMPLICATIONS FOR THE PROPOSED KISIP PROJECT ................................................................. 54 4.1 Principles of Environmental and Social Management ............................................................. 54 iii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4.1.1 The principle of sustainability ...................................................................................................... 54 4.1.2 The principle of intergenerational equity ................................................................................... 54 4.1.3 The principle of prevention.......................................................................................................... 54 4.1.4 Precautionary principle.................................................................................................................. 54 4.1.5 Polluter pays principle ................................................................................................................... 55 4.1.6 Principle of public participation .................................................................................................. 55 4.1.7 National Environmental and Social Policy Framework ........................................................... 55 4.2 National Environment and Social Legal Framework ............................................................... 64 4.3 Kakamega County Social and legal guidelines .......................................................................... 77 4.4 International Guidelines on Environmental and Social Management ................................... 77 4.4.1 Applicable International Conventions ........................................................................................ 77 y 4.4.2 World Banks Environmental and Social Framework ............................................................... 78 p 4.4.2.1 The Environment and Social Standards (ESS) ...................................................................... 79 4.4.3 General EHS Guidelines .............................................................................................................. 80 Co 4.4.4 World Bank’s guidelines on Managing the Risks of Adverse Impacts on Communities from Temporary Project Induced Labor Influx .................................................................................... 81 4.4.5 The World Bank’s Good Practice Note on Assessing and Managing the Risks and Impacts of the Use of Security Personnel .............................................................................................................. 81 re 4.4.6 Gap Analysis between Bank Requirements and National and County-Level Laws and Legislation .................................................................................................................................................... 82 4.5 Institutional Framework on Environmental and Social Management ................................... 85 su 4.6 List of Permits required for the project as per the Kenyan requirements ............................. 88 5. ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION .......................................... 90 lo 5.1 Environmental Baseline Conditions ........................................................................................... 90 5.1.1 Location and size: .......................................................................................................................... 90 isc 5.1.2 Climate ............................................................................................................................................. 91 5.1.3 Climate Change Risk Profile for Kakamega County ................................................................. 92 5.1.4 Geology and Soils .......................................................................................................................... 94 D 5.1.5 Topography and Physical Features.............................................................................................. 94 5.1.6 Hydrology and Water Resources ................................................................................................. 95 5.1.7 Water Quality.................................................................................................................................. 95 5.1.8 Air Quality....................................................................................................................................... 98 5.1.9 Noise levels ..................................................................................................................................... 98 5.1.10 Vegetation, Forest Cover and Biodiversity ............................................................................ 98 5.1.11 Energy ......................................................................................................................................... 98 5.1.12 Water Supply .............................................................................................................................. 99 5.1.13 Sanitation................................................................................................................................... 100 5.1.14 Water for consumption: Quality and the Prevalence of Water Borne Diseases ............ 100 iv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.1.15 Solid Waste Management ....................................................................................................... 100 5.1.16 Drainage .................................................................................................................................... 101 5.2 Social Economic Baseline Information .................................................................................... 101 5.2.1 Administration .............................................................................................................................. 101 5.2.2 Population ..................................................................................................................................... 101 5.2.3 Literacy Levels .............................................................................................................................. 102 5.2.4 Livelihoods.................................................................................................................................... 103 5.2.5 Income Levels .............................................................................................................................. 103 5.2.6 Type and Quality of Housing Infrastructure ........................................................................... 104 5.2.7 Land Use and Tenure .................................................................................................................. 106 5.2.8 Road Transportation Infrastructure .......................................................................................... 107 y 5.2.9 Gender Concerns ......................................................................................................................... 108 p 5.2.10 Health Services ......................................................................................................................... 108 5.3 Current Project Area Photographic description ...................................................................... 109 6. Co STAKEHOLDER ENGAGEMENT AND CONSULTATION .................................................. 114 6.1 6.2 Introduction .................................................................................................................................. 114 Identification of the Public Participants and Approach of Their Engagement .................. 114 6.2.1 Stakeholder Mapping ................................................................................................................... 114 re 6.3 Approach and Methodology ...................................................................................................... 116 6.4 Public Participation meetings ..................................................................................................... 116 su 6.5 Perceived Impacts of the proposed project. ............................................................................ 119 6.6 Key Concerns Highlighted during the review exercise .......................................................... 119 lo 6.7 Summary of the Public Participation Exercise ........................................................................ 120 6.8 ESIA disclosure and Public Participation meeting ................................................................. 120 isc 6.8.1 Key Concerns Highlighted during the Public Participation Exercise. ................................. 120 7. IMPACTS IDENTIFICATION AND MITIGATION ................................................................... 122 7.1 Benefits/Positive Impacts of the Project ................................................................................. 122 7.1.1 Enhancement of the Aesthetics of these Settlements ............................................................ 122 D 7.1.2 Reduction in Environmental Pollution..................................................................................... 122 7.1.3 Soil Erosion Control.................................................................................................................... 122 7.1.4 Optimization of Land Use .......................................................................................................... 122 7.1.5 Resolution of Land Tenure Issues............................................................................................. 122 7.1.6 Access to Quality Portable Water.............................................................................................. 123 7.1.7 Street Lighting .............................................................................................................................. 123 7.1.8 Improved Sanitation .................................................................................................................... 123 7.1.9 Accessibility .................................................................................................................................. 123 7.1.10 Provision of Jobs and Income Generating Activities......................................................... 123 7.1.11 Improved Capacity for the local youth ................................................................................. 123 v Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.2 Potential Adverse Impacts of the Proposed KISIP ................................................................ 124 7.2.1 Negative Impacts during Pre-Construction Phase ............................................................. 124 7.2.1.1 Loss of Structures ............................................................................................................ 124 7.2.1.2 Loss of Land .................................................................................................................... 124 7.2.1.3 Impact on Physical Cultural Resources ........................................................................ 124 7.3 Construction Phase ...................................................................................................................... 125 7.3.1 Positive Impacts during Construction Phase....................................................................... 125 7.3.1.1 Local Employment .......................................................................................................... 125 7.3.1.2 Local Sourcing ................................................................................................................. 125 7.3.2 Negative Impacts during Construction Phase ..................................................................... 125 7.3.2.1 Production and raising of Dust ............................................................................................. 125 y 7.3.3 Air Pollution ................................................................................................................................. 126 p 7.3.4 Excessive Noise and Vibrations ................................................................................................ 126 7.3.5 Soil Erosion .................................................................................................................................. 127 Co 7.3.6 Loss of Vegetative Cover............................................................................................................ 127 7.3.7 Loss of Aesthetic Appeal ............................................................................................................ 128 7.3.8 Impacts on Climate Change ....................................................................................................... 128 7.3.9 Disruption of Normal Life in the Settlements ........................................................................ 129 re 7.3.10 Increase in Respiratory Diseases: .......................................................................................... 129 7.3.11 Water Contamination and Water Quality Degradation...................................................... 130 su 7.3.12 Occupational Health and Safety Impacts ............................................................................. 130 7.3.13 Traffic Accidents...................................................................................................................... 131 lo 7.3.14 Land/Resource Use Conflicts................................................................................................ 132 7.3.15 High influx of labor for construction workers .................................................................... 132 isc 7.3.16 Spread of Communicable and Vector Borne Diseases ...................................................... 133 7.3.17 Spread of HIV/AIDS ............................................................................................................. 133 7.3.18 Child Labor/Exploitation....................................................................................................... 133 7.3.19 Gender based Violence/Sexual Harassment ....................................................................... 134 D 7.3.20 Exclusion of Disadvantaged and Vulnerable Groups e.g. VMGs, PWDs, elderly, youth, the sick, the poor, single women, OVC etc. ......................................................................................... 134 7.3.21 Inadequate Stakeholder Engagement ................................................................................... 134 7.3.22 Ineffective GRM ...................................................................................................................... 135 7.4 Impacts of the Operational Phase ............................................................................................. 135 7.4.1 Physical Hazards/Traffic Accidents.......................................................................................... 135 7.4.2 Water Contamination .................................................................................................................. 135 7.4.3 Loss of Water/Improper Management of Water Resources ................................................ 135 7.4.4 Vandalism of Installed Infrastructure ....................................................................................... 136 7.4.5 In Migration of People Putting Pressure on Existing Services ............................................. 137 vi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.4.6 Public Health Issues .................................................................................................................... 137 7.4.7 Pressure on Resources and Amenities due to in Migration ................................................... 137 7.4.8 Inadequate Stakeholder Engagement........................................................................................ 138 7.5 Decommissioning ........................................................................................................................ 138 8. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) .................................. 139 8.1 Overview of the ESMP ............................................................................................................... 139 8.1.1 The ESMP Principles .................................................................................................................. 139 8.2 Purpose and Objectives of this Environmental and Social Impact Management Plan ..... 139 8.3 Grievance Redress Mechanism (GRM) .................................................................................... 140 8.3.1 Overview ....................................................................................................................................... 140 8.3.2 Objective of the GRM. ............................................................................................................... 140 y 8.3.3 Principles Guiding the Project-Level GRM ............................................................................. 141 p 8.3.4 Grievance Redress Mechanism .................................................................................................. 141 8.3.5 Grievance handling process ....................................................................................................... 142 8.3.5.1 8.3.5.2 8.3.5.3 8.3.5.4 Co Grievance Reception/ Acceptance. ...................................................................................... 142 Acknowledgement, Assessment and Record. ...................................................................... 142 Investigation ............................................................................................................................. 142 Resolution ................................................................................................................................. 143 re 8.3.5.5 Consider Recourse or Appeal ................................................................................................ 143 8.3.5.6 Follow Up and Close Out. ..................................................................................................... 143 su 8.3.6 World Bank Grievance Redress Service (GRS) ....................................................................... 144 8.3.7 Possible Grievances ..................................................................................................................... 144 lo 8.4 Grievance Redress Committee................................................................................................... 144 8.4.1 Appointment Settlements Grievance Redress Committee Members .................................. 144 isc 8.5 Roads Construction Component ............................................................................................... 146 8.5.1 ESMP Pre-construction Phase ................................................................................................... 146 8.5.2 ESMP Construction Phase ......................................................................................................... 148 8.5.3 ESMP Operational Phase Roads and Drainages ..................................................................... 161 D 8.5.4 ESMP Decommissioning Phase ................................................................................................ 165 8.6 Water Supply and Sewerage Component ................................................................................. 171 8.6.1 ESMP Pre-Construction Phase .................................................................................................. 171 8.6.2 ESMP Construction Phase ......................................................................................................... 174 8.6.3 ESMP Operational Phase Water and Sewerage Component ................................................ 187 8.6.4 Decommissioning Phase ............................................................................................................. 192 8.7 Electrical Component ................................................................................................................. 198 8.7.1 Pre-construction Phase ............................................................................................................... 198 8.7.2 Construction Phase ...................................................................................................................... 199 8.7.3 Operation Phase ........................................................................................................................... 208 vii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.7.4 Decommissioning Phase ............................................................................................................. 210 8.8 ESMP Monitoring........................................................................................................................ 212 9 CONCLUSION AND RECOMMENDATION ............................................................................... 213 9.1 Conclusion .................................................................................................................................... 213 9.2 Recommendations ....................................................................................................................... 213 10 REFERENCES: .................................................................................................................................... 214 p y Co re su lo isc D viii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) LIST OF ANNEXES: ANNEX I: Experts license 216 ANNEX II: Project EIA License 217 ANNEX III: Settlement Maps 218 ANNEX IV: List of stakeholders consulted in initial ESIA 223 ANNEX V: Minutes of public consultation meetings during initial ESIA study 224 ANNEX VI: Minutes of public consultation meetings during review and update 225 ANNEX VII: Initial Photographs taken during stakeholders’ consultations 226 ANNEX VIII: Photographs taken during ESIA update stakeholders’ consultations 227 ANNEX IX: Initial Terms of Reference for the Resettlement Action Plan 228 y ANNEX X: Chance Find Procedure 229 p Co re su lo isc D ix Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) LIST OF TABLES Table 1.1: ESIA Team members ........................................................................................................................ 8 Table 2.1: Selected Roads within Kakamega County .................................................................................... 14 Table 2.2: Recommended Cross Section Types ............................................................................................. 15 Table 2.3: List of Water Supply Systems ......................................................................................................... 16 Table 2.4: Initial List of the Designed Sewers ................................................................................................ 18 Table 2.5: Summary of intended projects within selected Kakamega County settlements ...................... 19 Table 2.6: Types of road cross sections ........................................................................................................... 21 Table 2.7: Road Summaries ............................................................................................................................... 22 Table 2.8: List of Cross Drainage Structures .................................................................................................. 23 Table 2.9: Proposed project cost ...................................................................................................................... 44 Table 4.1: National and environmental social policy framework ............................................................... 56 Table 4.2: National Environment and Social Legal Framework ................................................................ 64 y Table 4.3: International Guidelines on Environmental and Social Management .................................... 79 p Table 4.4: Gap Analysis between Bank Requirements and National and County-Level Laws ............. 83 Table 4.5: Institutional Framework on Environmental and Social Management .................................... 85 Co Table 4.6: List of Permits required for the project ........................................................................................ 88 Table 5.1: KISIP Investment Sites.................................................................................................................... 90 Table 5.2: Mean values for the soil physico-chemical parameters between dry and rainy ....................... 96 Table 5.3: Physico-chemical soil parameter values during the dry and rainy seasons for Rivers Lusumu and Shiastala ........................................................................................................................................................ 97 re Table 5.4: Physico-chemical soil parameter values during the dry and rainy seasons for River Isiukhu 97 Table 5.5 Water sources in Lurambi and Mumias West Sub-counties ....................................................... 99 su Table 5.6: Population in Lurambi and Mumias that access safe water for drinking ............................... 100 Table 5.7: KISIP Investment Sites ................................................................................................................. 101 Table 5.8: Distribution of Population by Sex, number of Households, sub location and density ....... 102 lo Table 5.9: Literacy levels .................................................................................................................................. 102 Table 5.10: Sources of Livelihoods ................................................................................................................. 103 Table 5.11: Land tenure/Ownership in the KISIP Sites ............................................................................. 106 isc Table 5.12: Current project Area Photographic Description ..................................................................... 109 Table 6.1: Summary of stakeholder identification and analysis. ............................................................... 115 Table 6.2: List of Issues/Comments that Came out of the Public Consultation Meetings ................. 117 D Table 6.3: Summary of meeting attendance in ESIA review and update ................................................ 118 Table 6.4: Stakeholder consultation concerns ............................................................................................. 119 Table 6.5: Public Disclosure meeting dates and representation.................................................................. 120 Table 6.6: Stakeholder consultation concerns ............................................................................................. 120 Table 8.1: Showing Potential Sources of Grievances .................................................................................. 144 Table 8.2: Composition of the GRC in Kakamega County ....................................................................... 144 Table 8.3: Environmental and Social Management Plan_Roads and Drainage_Pre Construction ...... 146 Table 8.4: Environmental and Social Management Plan_Roads and Drainage_Construction ............. 148 Table 8.5: Environmental and Social Management Plan_Roads and Drainage_Operation phase ....... 161 Table 8.6: Environmental and Social Management Plan_Roads and Drainage_Decommissioning .... 165 Table 8.7: ESMP for Water Supply and Sewerage_Pre-Construction Phase ........................................... 171 Table 8.8: ESMP for Water Supply and Sewerage_ Construction Phase ................................................. 174 x Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 8.9: ESMP for Water Supply and Sewerage_Operations ................................................................. 187 Table 8.10: ESMP for Water Supply and Sewerage_Decommissioining ................................................. 192 Table 8.11: Environmental and Social Management Plan_Electrical component_Pre-Construction . 198 Table 8.12: Environmental and Social Management Plan_Electrical component_ Construction ....... 199 Table 8.13: Environmental and Social Management Plan_Electrical component_Operation .............. 208 Table 8.14: Environmental and Social Management Plan_Electrical component_Decommissioning 210 Table 8.15: Environmental and Social Monitoring Plan ............................................................................. 212 p y Co re su lo isc D xi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) LIST OF FIGURES Figure 2.1: Kakamega County Map .................................................................................................................. 13 Figure 2.2: Amalemba and Kambi Somali Settlements location .................................................................. 20 Figure 2.3: Shibale, Mjini and Kambi Somali settlements location ............................................................. 20 Figure 2.4: Proposed roads in Amalemba and Kambi Somali Settlements................................................ 24 Figure 2.5: Proposed roads in Lukoye, Shibale and Mjini Settlements ....................................................... 25 Figure 2.6: Typical solar panel design for street light .................................................................................... 28 Figure 2.7: Proposed Smart MPPT Control System ...................................................................................... 29 Figure 2.8: Proposed 360o rotating street lighting platform ........................................................................ 29 Figure 2.9: Motion sensor Detection ............................................................................................................... 30 y Figure 2.10: Amalemba Settlement - Proposed All-in-One Solar Street Lighting Layouts ..................... 31 p Figure 2.11: Mjini Settlement (Masanga Road and Link to Deliverance Church) - Proposed All-in-One Solar Street Lighting Layouts ............................................................................................................................ 32 Co Figure 2.12: False Colour Rendering ............................................................................................................... 33 Figure 2.13: Amalemba 1No. 30M High Mast Layouts ................................................................................ 34 Figure 2.14: Shibale 1No. 30M High Mast Layout ........................................................................................ 34 re Figure 2.15: Shallow well in Shibale ................................................................................................................. 36 Figure 2.16: Private ‘home based’ water kiosk ............................................................................................... 37 su Figure 2.17: Proposed water supply intervention at Shibale settlement ..................................................... 38 Figure 2.18: Proposed water supply intervention at Mjini settlement ........................................................ 39 lo Figure 2.19: Overflowing Manhole in Kambi Somali ................................................................................... 40 Figure 2.20: Leaking Manhole in Kambi Somali ............................................................................................ 41 isc Figure 2.21: Proposed Layout plan for Kambi Somali Sewer System ........................................................ 41 Figure 2.22: Layout plan for the sewer improvement in Kambi Somali .................................................... 42 Figure 2.23: Proposed sewer intervention in Amalemba Settlement .......................................................... 43 D Figure 2.24: KISIP Institutional Structure ...................................................................................................... 46 Figure 5.1: Kakamega County Administrative Boundaries. Source: Kakamega County Integrated Development Plan .............................................................................................................................................. 90 Figure 5.2: Rainfall in Kakamega County ........................................................................................................... 91 Figure 5.3: Average annual temperature in Kakamega County .................................................................. 91 Figure 5.4: Average wind speed in Kakamega ............................................................................................... 92 Figure 5.5: Humidity experienced in Kakamega ........................................................................................... 92 Figure 5.6: Historical extreme moisture and drought stress events in Kakamega County .............................. 93 Figure 5.7: Turbidity on Shiastala River and Lusumu river in dry and rainy seasons ............................... 96 xii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Figure 5.8: Levels of income and Expenditure Patterns ............................................................................. 104 Figure 5.9: Number of Habitable Rooms ..................................................................................................... 104 Figure 5.10: Dominant Roof Material ........................................................................................................... 105 Figure 5.11: Floor Material ............................................................................................................................. 105 Figure 5.12: Dominant wall type .................................................................................................................... 106 Figure 5.13: Tenure Status of Respondents .................................................................................................. 107 p y Co re su lo isc D xiii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) LIST OF ACRONYMS AND ABBREVIATIONS AfD Agence Francaise de Development CBO Community Based Organization CCG Council of County Governors CIDPs County Integrated Development Plans CLO Community Liaison Officer CPCT National Project Coordination Team CSOs Civil Society Organizations EIA Environment Impact Assessment y EMCA Environmental Management and Coordination Act ESIA Environmental and Social Impact Assessment p GoK Government of Kenya GRC HH HIV/ AIDs Grievance Redress Committee Households Co Human Immunodeficiency Virus/ Acquired Immunodeficiency Syndrome re IDA International Development Association KDHS Kenya Demographic Health survey su KISIP Kenya Informal Settlements Improvement Program LPG Liquid Petroleum Gas lo LVSWSB Lake Victoria South Water Services Board M&E Monitoring and Evaluation isc NEMA National Environment Management Authority NGOs Non – Governmental Organizations D NLC National Land Commission NPCT National Project Coordination Team PPE Personal Protective Equipment RAP Resettlement Action Plan RPF Resettlement Policy Framework SDGs Sustainable Development Goals SDHUD State department of housing and urban development SECs Settlement Executive Committees xiv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) SERC Standard Enforcement Review Committee SGPs Safeguard Policies STIs Sexually Transmitted Infections VIP Ventilated Improved Pit latrine WB World Bank WRA Water Resources Authority p y Co re su lo isc D xv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) EXECUTIVE SUMMARY Introduction With approximately 56% of the global population living within urban center, the informal settlement structure can be found worldwide. In Kenya, with an urban annual population growth reported at 3.706 % in 2021, numerous challenges can be seen within the urban setting; congestion, inadequate resource, deterioration in sanitation and hygiene, increase in the rate of spread of communicable diseases among others. Most of the informal settlements are characterized by unplanned zones typically occupied by squatters without legal recognition, overcrowding due to high population density, impermanent poorly constructed housing units, and inadequate provision of basic social amenities and services. Continued burgeoning population within these settlements outstrips the capacity of available basic infrastructure posing significant pressures on environment state and integrity, public health, sustainable resource use and social welfare etc. Facilities of housing, sanitation, water provision, waste management systems, y drainage and energy/ street lighting etc. have failed to cope with the need of these settlements. p To improve the lifestyle of the population within informal settlements, the Government of Kenya received a credit from International Development Association (IDA) and Agence Francaise de Co Development (AfD) towards the cost of the Second Kenya Informal Settlements Improvement Project (KISIP 2). The project aims to improve the condition of selected roads, improve accessibility of potable water, and improving security and visibility at night by introducing street lights and flood lights in selected settlements. To improve the lives and livelihoods of at least 2.5 million people within informal re settlements in select counties through the enhancement of security of tenure and basic infrastructure improvement based on plans developed in consultation with the community in line with Kenya Vision 2030. su Within Kakamega County, five settlements were selected for this project; Amalemba settlement, Mjini settlement, Lukoye settlement, Kambi Somali settlement and Shabale settlement. lo The scope of the project initially covered 8 settlements; Amalemba, Shibale, Mjini, Lukoye, Misingo, Jua Kali, Kambi Somali and Al Karim settlements. Specific details of the project included the development of roads component (Al Karim, Mjini, Jua Kali, Masingo, Mjini, Shibale, Lukoye), water isc and sanitation (Al Karim, Mjini, Jua Kali, Masingo, Mjini, Shibale, Lukoye), street lighting, similar to the currently assessed scope of works. However, the initial scope was significantly broader, covering more project components per settlement. The difference is scope is as outline in the subsequent tables; D Amalemba Settlement Original Works Revised Works Roads and drainage  Amina Salim Street Road  Amina Salim Street  Main Abdi Street Road (443m)  Mohamed Salim (455m) Sewerage Sewer A with secondary sewers & tertiary sewers Ablution block (1No.) Street lighting Amina Salim Street Road (Street lighting) Flood lighting (2No.) Floodlight (1 No) xvi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Kambi Somali settlement Original Works Revised Works Roads and drainage  Kambi Somali  Kambi Somali Road 1 (107m) (203m)  Kambi Somali Road 2 (83m) Ablution block (1No.) Street lighting Flood lighting (1No.) Sewer and last mile connectivity Mjini Settlement Original Works Revised Works Roads and drainage  Masanga Road and streetlights y  Amina Salim Street  Extension to the deliverance church road and streetlights  Mohamed Salim p Water Supply- reticulation system to connect 100 individual Co household connections to the existing water supply sytem Ablution block (1No.) Street lighting  Masanga Road  Link to Deliverance church re Flood lighting (2No.) Shibale Settlement su Original Works Revised Works Roads and drainage Roads and Drainages  Shibale Road 1 (590m)  St. Joseph’s Access Road lo  Shibale Road 2 (748m)  Shibale Primary Access Road  Shibale Road 3 (652m) Drainage extension to Nzoia River (both roads)  Shibale Road 4 (389m) isc Water supply systems Water Kiosks (5 No)  Catholic Church 1-A-Line (100.24)  Catholic Church Line (274.02) D  Catholic Church Line 1B (174.25)  Sytop Line (356.26) Ablution block Street lighting Flood lighting (6No.) Floodlight (1 No) Lukoye Settlement Original Works Revised Works xvii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Roads and drainage  Lukoye X1  Lukoye Loop Road through Greenview Estate  Lukoye X2  Lukoye X2-1  Lukoye A1  Lukoye A2  Lukoye A3  Lukoye B1  Lukoye B2  Lukoye B3 Water supply systems Ablution block (1No.) Street lighting Flood lighting (5No.) p y Project implementation costed at KES 281,644,050.36 as per the Bill of Quantities. Climate change impacts of the project were considered in the selection of construction material and Co also technology choice for street lighting, flood lighting, design of the roads, water supply and sewer upgrade components. The option of use of solar powered streetlights and grid powered high tower masts was based on their efficiency, availability of the source of energy, and cost implication to run the projects. Choice of lined drainages along the project roads was considered to reduce the risk of soil erosion due to the slope, and also increase the life of the drains and make the drains easier to clean. re An initial Environment and Social Impact Assessment Study had been undertaken (September 2017) during the preliminary design process. The study was undertaken within the provisions of the su established regulations under EMCA, 1999 as well as the World Bank’s Social and Environmental Safeguards. This ESIA review has been commissioned to provide an independent verification and update of the environment and social status along the corridor and confirm the sustainability during lo the project implementation. The objectives of the review and update of the study report; isc  Communicate the results of the ESIA process for the proposed Project and alternatives considered;  Ensure that the impacts identified during the ESIA process are assessed; D  Present the mitigation and enhancement measures which will be implemented by the Contracting Authority and the Contractor (consortium) to manage the impacts identified;  Provide a record of comments and responses received from Stakeholders during the ESIA process; and  Facilitate an informed decision-making process by the relevant authorities The impacts and mitigation measures as presented required to be expanded, to include impacts that have been introduced due to the re-packaging of the project, new statutes that the project need to adhere to and socio-economic changes within the settlements. The ESMP required to be reviewed to reflect the updated baseline conditions. ESIA review and update is also justified because of; xviii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Re-scoping of the project activities/interventions to align with the available budgets  Changes in the Institutional Arrangements  Changes in Policy and Legal Framework at National and County Levels  Changes in Socio-economic Baseline Conditions ESIA Review and Update Methodology The main objective of this assignment was to study the initial ESIA report prepared at design stage with the aim of identifying gaps and areas of intervention. The study was to establish required additional data and information as well as missing links to the environment and social settings in the respective areas. The focus on ESIA report was mainly on updating the environmental, social and economic baseline conditions as important parameters for the review of the respective environment and social management plans (ESMPs), the latter being the ultimate tool in the project implementation. In addition to the documentary review, project areas were also re-appraised with y respect to the existing physical conditions as well as environmental and social quality. p Updating of this ESIA report is guided by the Environmental (Impact Assessment and Audit) Regulations of the 2003 and the Amendment Regulations (Legal Notice 149) of 2003 and (Legal Co Notice No. 150) of 2016. The following are the methods that were used during this assessment. Task 1: Review the Initial ESIA study Task 2: Field Reconnaissance Survey and Review of Earlier Studies re Task 3: Review and Assessment of Applicable Environmental and Social Regulations and Institutions Task 4: Delineation of Study Area for Assessment su Task 5: Re-Assessment of Baseline Environmental and Social Conditions Task 6: Public Consultations/ Focus Group Discussions lo Task 7: Prediction of Environmental and Social Impacts Task 8: Review and updating of Environment and Social Management Plan (ESMP) isc Analysis of Project Alternatives Alternative designs and technologies were analyzed to verify their suitability and effectiveness to sustainably meet the objectives of the project. Adapting solar technology and connecting the street D lights and the flood lights to the national grid were both analyzed. The all-in-one integrated solar powered street light was selected over the grid powered light since it is ultra-thin and fully assembled for easy maintenance and installation. It removes the need of trenching and earthworks with zero energy costs and high lighting efficiency, it is economical in construction with longer life span. Asphalt road surface was also selected over Cabro road surface since it has a longer life span. While the Cabro was selected for the walkways for their ease in implementation, maintenance and little interruption to the resident’s ways of life. On the location, the identified project locations was done with the collaboration and input of the Settlement Executive Committees of the various settlements. The basis of the selection of these locations were; xix Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Most significant positive impact to the residents (improved roads, more spread of the light for high masts and street lights, last mile connections for water supply and improved sanitation for sewer component.  Accessibility of institutions such as schools  Available budget  Projects prioritized by the SEC Review of Policy and Legislative Framework The principles of Environmental and Social Management were considered and assessed in relation to the project environmental and social risks. Principles of sustainability, public participation, intergenerational equity, prevention, precautionary and polluter pay principles were assessed in order to guide the development of the ESMP. Ina addition, the national environmental and social policies and national environmental and social legislatures were also assessed and their applicability to the y proposed project analyzed. Some of the policies included; p  The National Wetlands Conservation and Management Policy (Draft) 2013  National Environmental Sanitation and Hygiene Policy (2007) (GOK, 2007a)     National Policy on Water Resources Management and Development (1999) Gender Policy, 2011 Kenya National Social Protection Policy 2011 HIV/AIDS policy 2009 Co re In regards to the national environmental and social legal framework, several Acts were analyzed and their application to the proposed project highlights. These Acts included but were not limited to; su  The Kenya Roads Act, 2007 (revised in 2012)  Climate Change Act, 2016 lo  Environmental Management and Coordination Act (EMCA), 1999  Sustainable Waste Management Act, 2022  isc Air quality regulations 2014  Water Resources Regulations, 2021  The Occupational Health and Safety Act, 2007  The National Gender and Equality Act, 2011 D  The Sexual Offences Act, 2006 In addition to the conventions and protocols that Kenya has ratified over the years, the World Bank’s Operational Policies and the general Environmental and Social Framework were assessed in order to ascertain applicability and identify environment and social risk controls that were applied in the environment and social management plan. The following table outlined the applicability of the OPs. xx Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Safeguard Policies Applicable? Applicability Environmental Yes Environmental and Social assessment conducted guides the Assessment OP4.01 project developers and implementers to ensure that environmental and social risks have been identified at an early stage and have been addressed promptly and effectively. This minimizes these risk to as low as reasonably possible and promotes sustainability and acceptability of the project by the host community. Physical and Cultural Resources Yes Sustainable material sourcing and general entry into the host (OP4.11) community for the development of the project are guided by OP 4.11. Guidance by the policy reduces the risk of conflicts due to uncontrolled and unsustainable impact on the physical and cultural resources. The policy guided the consultant in developing comprehensive ESMP that will guide the contractor in managing y the host community’s physical and cultural resources. Involuntary Yes OP 4.12 was applicable in the review and update of the project p Resettlement OP 4.12 Resettlement Action Plan. Further, the policy will coupled with the Land Valuation (amendment) Act, 2019, will ensure that all PAPs are duly compensated and relocated prior to the start of Co project implementation. Gap analysis between the Bank’s and the National requirements was also done with the assessment result shown in the table below. re World Bank OP 4.01 EMCA Comparison Recommendation O.P 4.01 requires screening of EMCA requires Both the Kenyan and World Preparation of the ESIA sub project investments in order screening of project Bank safeguards require to meet both NEMA and su to determine if further investments in order to screening to establish the World Bank Standards. environmental and social determine if further level of ESIA prepared. assessments (ESIAs) are required environmental and social After screening and assessments (ESIAs) are lo determination of required ESIA required category, an ESIA is prepared before project design and isc implementation (which includes an assessment of social impacts). Also gives guidelines on air, An ESIA of a project will The ESIA will be prepared Use of Kenyan regulations noise, water, waste management, be prepared in with mitigation measures for in accordance to EMCA. emissions and wetlands accordance to EMCA any negative environmental D management. guidelines and the report and social impacts. submitted to NEMA for The various limits set out in licensing. the regulations are close to EMCA is also equipped World Bank and IFC with regulations on air, policies with minimal noise, water, waste differences in the actual management, emissions figures. and wetlands management. xxi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) World Bank OP 4.01 EMCA Comparison Recommendation The prepared ESIA Study should The EMCA Both require an ESIA to Preparation of the ESIA take into account natural (Conservation of establish the potential to meet both NEMA and resources and the principle Biological Diversity and impact of a development on World Bank Standards. approach to natural resource Resources, Access to biodiversity and ensuring management to ensure Genetic Resources and environmental sustainability. environmental sustainability. Benefit Sharing) Regulations, 2006 provides that no person shall engage in any activity that may have an adverse impact on the ecosystem, lead to the introduction of any exotic species or to unsustainable use of natural resources. y This policy guides in preserving The Wildlife The World Bank policy Use of the World Bank physical cultural resources and Management and offers more detail on the policy in handling any p helps reduce chances of their Conservation Act also physical and cultural physical and cultural site, destruction or damage. ensures consideration of resources other than while making use of the wildlife and their archaeological finds Kenyan institutional Co conservation in project identified in the Kenyan framework. implementation. Policy. The National Museums and Heritage Act identifies the need for the protection, conservation re and transmission of the cultural and natural heritage of Kenya Involuntary resettlement should Involuntary resettlement The Kenyan Policy does not Resettlement issues are to su be avoided wherever possible, or may occur as a result of stipulate that resettlement be considered at the minimized, exploring all projects implemented in should be avoided wherever design stage of the project alternatives. public interest. possible; on the contrary, as in order to avoid/ long as a project is for public minimize resettlement. lo interest, involuntary resettlement is considered to be inevitable. isc Inclusion of persons considered Article 56 of the Both the Kenyan and World Preparation of an ESIA in indigenous, who without proper constitution highlights Bank Safeguards requires the accordance to Kenyan and consultation may suffer as a result the rights of marginalized inclusion of communities World Bank Standards to of the project leading to further communities, in the that are marginalized and protect indigenous marginalization. decision-making process inclusion of the vulnerable in persons. D Similarly, the bank has a directive with regards to project planning, on vulnerable groups, who may development and their implementation and be left out of the benefits of the input. operation phases of the project or suffer more as a result The National Gender project. In order to ensure of the negative impacts of the and Equality Act, these communities, reap the project. Children Act and benefits of the project These safeguards are in place to Persons with Disabilities without suffering ensure the vulnerable and often Act promote the disproportionately in marginalized are adequately inclusion of these comparison to the rest of the consulted and their issues persons, who in society communities. addressed in the ESIA. are often looked over, in the implementation of projects. xxii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) World Bank OP 4.01 EMCA Comparison Recommendation Displaced persons should be EMCA requirements for Both Policies are similar Consultation of meaningfully consulted and project proponent to stakeholders in the ESIA should have opportunities to seek the views of in accordance to both participate in planning and persons/communities Kenyan legislation and implementing resettlement that may be affected by World Bank Safeguards. programs the project to be consulted, at least explain project potential impacts and obtain oral/written comments In addition to the operational The Occupational Both provide guidelines Incorporation of the policies, the World Bank has Health and Safety Act is which should be adhered to, World Bank Guidelines guidelines to ensure, the main act ensuring the during all phases of the while ensuring environmental, occupational and health and safety of the project, with the Kenyan conformance to the community health, and Contractor’s employees legislation providing an Kenyan Legislation and decommissioning guidelines. and the surrounding institutional framework for institutional framework. y These guidelines will provide the community the implementation of the Contractor with best working Act. The World Bank p procedures. guidelines provides best international practices for construction works. Co A comprehensive institutional Analysis was also done to give the decision makers a guide on the responsibilities of various institutions to the success of the project. These institutions included; Institution Responsibilities re Ministry Of Lands, Public Provision of the necessary financial and technical requirements to ensure effective Works, Housing And Implementation of Social Management Plans, Resettlement Action Plans, and ESIA Urban Development where applicable su The State Department for Overall Project implementation responsibility. The agency will however work closely Housing and Urban with the participating Counties, Ministry of Lands and Physical Planning, Council of Development Governors (CoG), and the National Land Commission (NLC) where Project activities lo are directly linked to their respective mandates. The National Responsible for Policy formulation and issuance of directives as guided by the EMCA. Environmental Council It sets national goals and objectives and determines policies and priorities for isc environmental protection The Kakamega County The CPCT will comprise of a County Project Coordinator, a Financial Management Government (County Specialist, a Procurement Specialist, a Monitoring and Evaluation Specialist, technical D Project Coordination specialists in planning, surveying, engineering, Social Safeguards/Community Team (CPCT)) Development Specialists, and Environmental Safeguards Specialists and City/Municipal Manager or their representatives where applicable (whose areas of jurisdiction have settlements benefiting from KISIP2 interventions). The CPCT should consist of full- time focal persons from the relevant departments.  The CPCT will report to the CEC in charge of Land, urban and housing or the equivalent and will be responsible for:  The day-to-day coordination of the county-level project activities.  Working closely with relevant offices of the county to implement county-level activities supported by the project.  Preparation of procurement plans, procurement and implementation of infrastructure works with technical assistance and quality assurance provided by the NPCT. xxiii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities  Implementation of the environmental and social safeguards instruments including Social Management Plans (SMP) and RAP where applicable).  Monitoring & Evaluation, reporting and disseminating information about the project (including preparation of annual work plans, contract awards, physical and financial progress of works contracts, and so on) at the county level.  Mainstreaming all KISIP2 activities into the County programming and budgeting systems and for the briefing of the County Executive.  Regularly consulting and coordinating with the NPCT in project implementation. Project Steering  The PSC will comprise of PS SDHUD, PS Treasury, PS Lands and Physical Committee (PSC) Planning, CoG Chair of the Sub-committee on Lands, Urban Development, Planning, Infrastructure & Energy, with the KISIP2 Project Coordinator acting as the Secretary to the committee.  The PSC shall, in consultation with the Bank, y o provide its written confirmation to the National Treasury and the Bank of the overall Annual Workplans and Budgets (further discussed below); p o Provide written confirmation that the selected informal urban settlements and proposed Participating Counties meet the Eligibility Criteria and/or Co County Readiness Criteria. The National NEMA provides oversight, coordination and general supervision over all matters that Environmental are relating to the environment or that can impact the environment. NEMA is the Management Authority principle instrument of the Government in the implementation of all policies relating (NEMA) to the environment re Assess and approve the amended ESIA report in order to provide the required variation to the ESIA license that had been earlier provided for the implementation of the project. su National Project Will be in charge of Project design, overall Project coordination (including liaising with Coordination Team senior Government officials and the Development Partners’ team), financial (NPCT) management, procurement, monitoring and evaluation (M&E), reporting, capacity lo building and communications activities. The NPCT will also be responsible for the following: a) Coordinating the implementation of KISIP2 and ensuring that project isc implementation activities and reports are on schedule and in compliance with the financing agreement. b) Providing technical assistance to counties to perform in accordance with the Bank policies and guidelines as well as leading the coordination, capacity building and backstopping of all county project interventions. D c) Consolidating the planning and budgeting of funds by counties and triggering disbursement of funds to the eligible county governments once conditions have been met. d) Coordinating and consolidating the interim financial reports and quarterly progress reports, based on inputs from the counties. e) Liaising closely with the Council of Governors (CoG) in order to ensure effective coordination and communications with county governments. f) Review work plans from Counties g)Review whether settlements and counties have met the required criteria to become eligible for KISIP2 financing Standard Enforcement EMCA provides for the establishment and enforcement of environmental quality Review Committee standards by a technical committee of NEMA known as the Standards and (SERC) Enforcement Review Committee (SERC) xxiv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities National Complaints EMCA has also established a Public Complaints Committee, which provides the Committee administrative mechanism for addressing environmental harm. The Committee has the mandate to investigate complaints relating to environmental damage and degradation. The members of the Public Complaints Committee include representatives from the Law Society of Kenya, non-governmental organizations (NGOs) and the business community Water Resources Authority The WRA is responsible for the regulation of water resources such as water allocation, source protection and conservation, water quality management and pollution control and international waters. Its roles and responsibilities are as follows:  Planning, management, protection and conservation of water resources;  Planning, allocation, apportionment, assessment and monitoring of water resources;  Issuance of water permits; y  Water rights and enforcement of permit conditions;  p Regulation of conservation and abstraction structures;  Catchment and water quality management; Co  Regulation and control of water use; and  Co-ordination of the Integrated Water Resource Management (IWRM) Plan. Directorate of The Directorate of Occupational Safety and Health Services (DOSHS) is one of the Occupational Safety and departments within the Ministry of Labour and East African Community Affairs, Health Services (DOSHS) whose primary objective is to ensure the safety, health, and welfare of all workers in all re workplaces. An unsafe and unhealthy work environment causes accidents, diseases, disasters, and environmental pollution that occasion huge economic and social burdens to individuals su and enterprises thereby stifling economic and social growth. DOSHS will be responsible for the issuance the Workplace Registration Certificate for the relevant areas during project implementation and monitoring if necessary (Project lo offices, Quarry etc) The National Museums of Is a state corporation established by an Act of Parliament, the National Museums and isc Kenya Heritage Act, 2006 no. 6 of 2006. It is a multi-disciplinary institution whose role is to collect, preserve, study, document and presents Kenya’s past and present cultural and natural heritage. This is to enhance knowledge, appreciation, respect, and sustainable utilization of these resources for the benefit of Kenya and the world, for now, and for posterity. The National Museums of K/enya will provide guidelines in case any D discoveries or existing cultural and natural heritage resources within the project area. National Gender and The National Gender Equality Commission is a constitutional Commission established Equality Commission by an Act of Parliament in August 2011 with the objectives of promoting gender equality and freedom from discrimination. This commission will be charged with ensuring gender equality and equity throughout the implementation of the project. Representatives will monitor and evaluate gender quality and equity regarding job provision and harassment cases on-site to ensure compliance with the law. The World Bank  Monitoring the effective implementation of Social Management Plans, Resettlement Action Plans, and ESIA where applicable  Reviewing the project documents, providing guidance to improve them, and issuance of the Letter of No Objection in order for the project implementation to commence. xxv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities Host Community  Holding the project developers accountable over the Implementation of Social Management Plans, Resettlement Action Plans, and ESIA where applicable  Through public participation, the host community can guide vulnerable persons to social safety nets to ensure economic inclusion.  Participate in crime and violence prevention (including prevention of Gender Based Violence) through keeping law and order and retaining high moral values. Settlement Executive  Initiation: Documenting and reporting community’s view, disseminating Committee (SEC) information to the community, and coordinating stakeholders.  Implementation: Identifying existing resources within the community, updating the community of the project progress, and accompanying technical staffs.  Monitoring and evaluation: identifying issues and problems and communicating them with the relevant stakeholders.  SECs also contribute to sharing knowledge and lessons learned for future y implementation. p Grievance Redress  Grievance receipt and registration/logging Committee (GRC)  Development and implementation of response Co  Verifying the implementation of redress action Environment and Social Baseline Information Environmental and social baseline information were updated given that the previous data was collected in 2017. The baseline information was updated to suit the current environmental and social situation re within the project area. From the updated data, the consultant did not identify glaring changes in the data, aside from changes brought about by the increase in population from the previous environment and social impact assessment study report. These included increase in the number of businesses, su vehicles, structures. Bio-physical conditions remained relatively similar, but the data sourced for the revised ESIA gave more climatic and other information that were instrumental in the development of the ESMP. lo Stakeholder Engagement and Consultation The Government of Kenya has an objective of involving communities in policy formulation and isc implementation at the local level. Further, EMCA requires project proponent to seek the views of persons/communities that may be affected by the project to be consulted, at least explain project potential impacts and obtain oral/written comments, which will be included in the ESIA for implementation by the proponent. In keeping with the Environmental (Impact Assessment and Audit) D Regulations (2003) and the Environmental Management and Co-ordination Act (1999), the views of all stakeholders including the local community of the proposed project site were considered and included as part of the ESIA report. Public consultation in this project was carried out with the following objectives:  Re-scoping of the project-Disseminate information to the public and stakeholders about the project with Special reference to its key components, description, original scope of work, appraised cost, and allocated project cost. Allow community members choose their priority projects with reference to the allocated costs.  Create awareness to the Settlement Executive committees (SEC) and Grievance Redress Committees (GRC) on the proposed project. xxvi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Gather comments, suggestions, and concerns of the interested and affected parties.  Build Community Consensus and acceptance of the proposed project. The ESIA team conducted a Public and stakeholder disclosure meeting in Kakamega Social Hall Targeting Kambi Somali and Amalemba Residents and at Mumias Cultural centre targeting Shibale, Mjini and Lukoye settlements. Settlement Date Locati Total Male Female Disable Widows Elderly Female on No. represen represe d househeads attenda tation ntation nts Kakame 22nd June Kakam 54 31 23 3 3 4 5 ga 2023 ega Social Hall y Mumias 22nd Mumias 71 42 59 4 6 7 6 June Cultural 2023 Centre p Co During the ESIA public disclosure meetings, the following were identified as the key concerns and the responses that were given. Issues/Concerns Raised Contractor should give priority to Comments  The sociologist assured the community members that priority will be re locals during recruitment of given to the locals during recruitment process.100% of unskilled labour employees will come from the locals and 70% of skilled labour will also come from the local community su Contractor should in cooperate  Consultant’s engineer said that opinions of the community members opinions of the locals in the design has been put into consideration in the design processes and in case of review design a participatory methodology will be taken. lo Those who had encroached road  The SEC and the GRC members are to ensure that all PAPs who had reserves should vacate and allow for been facilitated to relocate have relocated before the start of the the project to be implemented. construction phase of the project. isc Vandalism of street lights  The area MCA for Amalemba stated that the government will take stern action on anyone found vandalising public property. Beacons to some of the plots  The county surveyor and KISIP coordinator asked those affected to cannot be traced D approach the SEC and GRC chair for the beacons to be reinstated. Roads to be constructed should  The consultant engineer said that the roads to be constructed have have NMT and drainage facilities provision of NMT and drainage facilities in the design Compensation of the affected if the  The Sociologist stated that an expert from public works will be Contractor’s destroys private engaged to assess the status of the house and determine whether it is property eligible for compensation or not The Contractor being awarded the  This was noted and the contractor will be needed to have CESMP and project to be made aware of ESS proof of how he will manage all environmental and social risks that has risks and ensure no harm is been identified. committed to the community Ensure continuous Stakeholder  The participants were assured of constant and ongoing stakeholder Engagement during the project engagement through the phase of the Construction implementation process xxvii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Issues/Concerns Raised Comments PAPS should be notified early  The sociologist assured the locals that disclosure of every phase of the before demolitions project will be done Shibale PAPs have not yet been  The Sociologist stated the RAP process would commence soon and identified 2017 list of PAPS will be used to identify eligible PAPS and revise the entitlements. It should be clarified whether the  The county surveyor said that official government maps would be used surveyors will use maps to identify to identify roads roads or rely on guidance of community members It should be clarified whether  The sociologist stated that a qualified valuer would be engaged to do valuation of property will be done valuation of property through mutual consensus with the community members y Some scope of work selected to be  The KISIP Coordinator said that KERA and KURA have to give a done under KISIP may be done by p formal communication to the county government on the areas and KURA or KERA works they plan to carry out for the KISIP2 scope of work to change Co A comprehensive Grievance Redress Mechanism (GRM) was also developed guided by the KISIP GRM. In the four-tier grievance mechanism, the first level will have grievances addressed at the settlement level where the grievances will be discussed and settled between the contractor and the Grievance Redress Committee (GRC). At the second level, the GRC, after analyzing the grievances, will submit second level grievances to the County. The third level of the GRM will involve the National re KISIP Implementation Committee and will include the National Project Coordinator. At the fourth level, grievances will be submitted to the Courts of Law with will include the Land and Environment su Court. Legal options will however be considered as a last resort to address and settle grievances. Impacts Identification and Mitigation Positive Impacts lo The project presents several positive direct and indirect impacts to the community. Improved security and visibility and night, improved drainages and sewer lines, and increasing accessibility to water are isc the main direct long term benefits for the project. Direct short term benefits include providing employment opportunities to the community youth, increasing community capacity through training and sensitization efforts, planting of trees that increases bio-diversity, reduced incidents of water D bourne diseases due to improved sanitation within the settlements are some of the benefits of the project to the community. Specific Negative Impacts Negative impacts associated with the project have been identified and mitigation measures established to ensure the project sustainability, not only for the short term but also on the long term. The impacts have been clustered into construction, operation and decommissioning covering environmental (environmental pollution, water resources degradation, air quality, ground cover, land destruction, drainage management, waste management, etc.), social (health and safety, displacements, access to services and amenities, noise and vibrations, air quality, transportation efficiency, etc.), economic (access to markets, transport costs, appreciation of assets, land use developments, etc.) and cultural issues. xxviii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Environmental and Social Management Plan (ESMP) This management plan presents the key management principles that then defines a scope of the plan implementation. Broad indications of the responsibilities have also been discussed along with detailed actions tabulated in a matrix for ease of reference and review. It should also be noted that the matrix is not complete in itself and continuous reviews would be necessary throughout the project implementation period. The plan would provide the key environmental and social concerns, appropriate preventive actions and responsibilities, targets to be achieved and where possible estimate of the respective costs. The plan will also provide basic success indicators for monitoring purposes. The guiding principles behind the project are based on the national objective of enhancing environmental, social and economic benefits to the affected persons as well as sustainable national development and in compliance with the environmental laws (EMCA, 1999 and associated regulations as well as relevant sectoral statutes) and industry best practices. To achieve these objectives, the project y should be acceptable to the majority and ensure minimal effects to the physical environment through integrated stakeholder consultations through the life of the project, evaluations and review of the design p aspects and a sustained monitoring of the road upon commissioning. Co The scope of this environmental and social management plan (ESMP) is to give guidelines to all parties involved during construction, maintenance and utilization of the project and its components in the fulfillment of environmental and social requirements. Precautions to ensure that damages to the environment are minimized calls for a concerted effort from the project management, the Contractor(s) and all stakeholders. The contractors are expected to, guided by the ESMP, develop stand-alone re Construction Environment and Social management Plans (CESMP) for each component of the project. For this reason, the Consultant has clearly highlighted management plans for roads projects, water su supply projects and electrical facilities, all of which re-present the sub-components of the project. The contractors should however verify updated legal and other requirements in order to develop a comprehensive CESMP. ESMP for Construction phase under the roads and drainage component is lo outlined below. Other ESMP matrices are included under Section 8 of this report. isc D xxix Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) CONSTRUCTION PHASE Excavation and Dust emission  Establish a water sprinkling  Water sprinkling  Observations; Contractor Daily Cost trenching program in the dry season; undertaken/reductio  Complaints from included in py  Provide to workers dust n in amount of dust; residents/ the works masks always and ensure  On site plan for dusty  SEC contract they use them; sections  Workers wearing Co dust masks always.  No of reports by Community about high dust levels Excavation and  Health and safety  Develop a site specific  Grievance reports trenching risks (ergonomic EHSS Management Plan  Well documented re risks, injury through  Develop a comprehensive EHSS management equipment etc) labour management plan in plan and a Labour  Increase in Soil line with the Employment management Plan. su Erosion Act, 2012   Blockage of  Increase awareness among drainages the workers and the host  Increase in demand communities about the lo for labor possible hazards and risks  Partial obstruction of  Align the project to ensure traffic other facilities such as isc  drainages and roads are not significantly impacted. D xxx Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Trenching, Clear Soil Erosion  Stabilize disturbed  % area of Land  Site inspection, Contractor Routine Under the felling, Borrowing soils with grass and other disturbed during Project records of SEC, works Rising of dust Construction vegetative matter; Construction area stabilized contract Host py materials Increased acute  Avoid activities that can lead stabilized with grass community respiratory illnesses to or vegetative cover; soils erosion during the rainy  Adequate drainage in CPCT Poor visibility for road users season; place as provided for  Install adequate in design and Co Blocking of available drainage structures; stabilized drainages  Backfill trenched areas; accordingly;  Stabilize drainage channels  % areas of land with concreted or grass. Landscaped upon  Implement dust control Completion of measures construction works re  Sensitize workers and community on respiratory illness management su including wearing of masks near construction areas. Improper disposal  Soil, ground and  Stockpile all  EMCA guidelines  Field/site Contractor Weekly 400,000 of Construction water contamination construction debris/wastes being used i.e. inspections; debris and lack  General of/poor sanitation from Construction housekeeping that poor will increase health lo and dispose in according with EMCA solid waste management guidelines storage transportation a and by licensed  Solid waste operator license;  Records of where CPCT Host Community isc workers. and safety risks  Procure qualified and transporter; waste was delivered  Introduction of approved NEMA waste  Good housekeeping to; breeding grounds for handling firms;  Designated and well-  Visual inspection of vermin  Ensure Wastes are marked temporary riparian and other not deposited or stored waste holding facility public areas for D within a riparian  No wastes deposited zone/wetland and or near any other place other storm drainage channels; than the designated  Provide sanitation area facilities for construction workers; xxxi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Fueling and Ground and  Careful fueling of  Impervious platform Presence of Bunded Contractor Routine Considered servicing of underground vehicles, plant and that is bunded in area for fueling and in works vehicles and other contamination of soils equipment used during place; servicing of vehicles contract py equipment. and water construction;  Oils and fuel stains Licensed hazardous Management of  Construct an on the on the waste handle to vehicles impervious platform that is exposed ground transport offsite bunded  NEMA Licensed Where fueling and Transporter to Co servicing of vehicles in done; transport hazardous/contamin ated wastes; Running  Noise and Vibrations  A regular proper  Noise and vibrations  Sample visits; Contractor Routine Considered equipment/ nuisances maintenance of machinery within allowable  Vehicle and in works re machines/ tools  Grievances from the including generators; limits under EMCA equipment contract host community  Sensitization of machine especially near monitoring  Impact on nearby operators to shut off plants residential areas and schedule and structures not in use and ensuring no other sources of reports su unnecessary idling; noise;  Provision of ear  Maintenance and mufflers to those most servicing records for exposed, especially that lo the machinery; operating heavy machinery/  Noise and vibrations equipment; analysis records;  Adhering to the Noise and  Qualified isc Vibrations regulations plant/ machinery operators; General Loss of Aesthetic  Ensure timely  No solid  Solid waste Contractor; Routine In the works construction Value collection and disposal of all construction waste management KISIP contract activities types of wastes, solid & accumulation; practices D Health and safety concerns or incidents liquid wastes generated by  Restoration and  Landscaping the project; landscaping of areas Public health  Landscaping works upon affected by incidents completion of construction construction activities; activities undertaken; xxxii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Damaged water  Waste water  Identify and mark the  Reduction in number  Physical Contractor; Routine 600,000 pipelines and generation location of existing of point source inspections; CPCT, SEC sewer lines/  Grievances due to underground services discharges from  Grievance reports py systems loss of water  Improvement of existing damaged  Eyesore waste water and sewerage infrastructure;  Can lead to management systems/  Repair of existing stagnation structures; waste water and  Contamination  Putting in place appropriate effluent managing Co of surface and measures to curb leaks and structures e.g. underground water spillages; sewerage lines; sources Management of  Eruption and spread  Sustainable management  Training matrix to  Waste management ContractorC Weekly for 400,000 solid and liquid of communicable of waste (solid and effluent); include community plan PCT; Public solid waste re wastes diseases  Treating effluent wastes at and workers training  Waste tracking Health and effluent;  Eye sore source on solid and liquid sheets Officer;  Increased in  No disposal of solid or wastes management  Effluent treatment  Designated and well su grievances from liquid wastes near water waste quarterly Host community and sources managed solid and analysis SEC  Ensure sanitary facilities are liquid waste facilities  Location of the  Legal disputes not near water sources and  Waste management toilets and their lo are well constructed and plan general structure managed  Avail toilets at the work fronts easily accessible to the isc workers.  Sensitization of residents on observing proper hygiene practices e.g. proper hand washing; D  Monitoring and unclogging blocked drains including draining stagnant waters; xxxiii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Temporary Livelihood  Installation of appropriate  Register of Residents  Visual inspection of ContractorC Daily for 400,000 Traffic and Disruptions signage to direct and control whose businesses are site to check that PCT Traffic business human and affected temporarily measures are in Management; Traffic congestion py disruption vehicular traffic; provided with place; Monthly for  Traffic Safety awareness alternative sites;  Review of plans vis Training and through training workers  Road signage to a vis what the awareness and host community control traffic in contractor was campaigns members, displaying traffic place; doing; Co safety campaign posters  Alternative routes  Grievance records  Training traffic marshals provided; on traffic who aid in guiding traffic  Contractor adhering management to site specific settlement physical development plans/ re ESMP Driving and  Road traffic  Ensure only qualified and  Record of licensed  Qualification record Contractor Monthly for Internal Cost operation of other accidents experienced plant operators and approved drivers of drivers and heavy training and SEC su equipment  Worker health and handle machinery/ and equipment equipment competence safety hazards such equipment; operator; operators CPCT records. Training and as crushed by  Maintain vehicles  Access control  Display of warning awareness Daily for equipment, and equipment in proper barriers, and danger signs on cost lo adherence to entrapment etc working condition; management system, traffic safety considered traffic  Increased dust  Control access around signs (danger signs, management emission. construction sites; hazard signs etc) protocol in   Install all relevant traffic  Security provided isc Damage to place. community assets signs and traffic safety around construction awareness posters sites and excavations  Enforce and monitor a sites; speed limit of 20km/hr  Training records D within the construction area, at the campsite etc;  Training and awareness to workers and community xxxiv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) General work Occupational Safety  Conduct a comprehensive  OHS Risk  Monthly OHS Contractor Daily for 1,200,000 practices and OHS risk assessment and Assessment inspection CPCT activities Hazards outline all possible risks that document (housekeeping, pertaining to (Occupational py arise from the various tasks;  Site Specific PPE, training etc) works; Safety and Health)  Implement the mitigation Environment, Social,  Quarterly OHS measures outlined in the health and Safety Audits OHS risks assessment; Management Plan  Availability of the Monthly  Develop the EHSS  PPE provision and OHS risks scope specific Co Management Plan; monitoring plan assessment monitoring document OHS  Train all workers on General  Training and OHS as guided by OSHA Competence matrix  Available EHSS inspections 2007 outlining all training Management Plan  Verify competence of all that will be done and all that have been Quarterly workers undertaking re done on a monthly OHS Audits specialized tasks such as the heavy equipment operators; basis (including  Provide all other necessary toolbox talks) su training to the workers  Availability and easy (Traffic safety, work at access to first aid height, risk assessment, First kits/tools; Aid, Fire safety, Manual  Records of OSHA lo Handling) as guided by the relevant statutes Industry Best Practices; and kept;  Provide and ensure isc that all workers on site wear PPEs (reflectors, safety boots, gloves, goggles, ear mufflers and breathing protection) relevant to the D tasks assigned to them;  Increase OHS awareness through conspicuously display safety caution signage at strategic places within all work places; xxxv Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Put in place necessary hazards and risk mitigation measures; py  Keep records of OSHA including reported incidents;  Ensure only qualified and experienced Co personnel handle machinery and equipment;  Provide appropriate tools that should be in good working conditions;  Adherence to the re Occupation Safety and Health Act (OSHA 2007) and subsequent regulations su Sourcing  Resource use  Hold consultations with the  Minutes of Grievance records Contractor Water 100,000 construction conflicts SEC and CPCT Consultative abstraction SEC (to facilitate water  Water source with a view meetings permit before consultative contamination to discussing any potential held to identify water CPCT abstraction lo meeting)  Increased water resource use Conflicts that sources; begins bourne diseases may arise and come up with  Grievance records a strategy of how to avoid  Map showing the them; Other isc approved sources of  Identify water water and water measures sources for construction abstraction point monitored during the planning and monthly  Water abstraction design phase and as much as permit possible, avoid community D water sources  Acquiring the Water Abstraction Permit from the Water Resources Authority xxxvi Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Labor influx  Employment of  Hiring unskilled construction and  No of locals hired in the  Policy Contractor Continuously No locals skilled (if available) labour from project per settlement. document; addition SEC the local population as far as  No of Skilled locals  Interviews al cost py possible. involved in project records; CPCT  Use of manual labour during activities.  Record of excavation and construction works  Evidence based HIV incidents of where possible. awareness programmes. GBV reported;  Prepare a labour influx plan to  A Documented Labor  Labour Co manage labour influx. management plan management  Prepare an employment plan. records  Sensitizing workers and the surrounding community on awareness, prevention, and management of HIV / AIDS. re Stakeholder  Exclusion of  Share project information widely  No of Vulnerable and  Stakeholders Contractor Continously Stakeho Engagement Disadvantaged and in a timely manner through the Disadvantaged groups mapped, lder Resident su and Vulnerable easily accessible various channels mapped in each of the Stakeholder engage Engineer groups. of communication i.e. through settlements. engaged plan. ment  Inadequate local administration and SEC  Meetings and agenda of all  Minutes of the CPCT costs stakeholder chairs meetings held with all meetings held lo GRC Engagement.  Introduce measures for affirmative stakeholders. with action that would ensure VMGs stakeholder SEC and IPs, especially persons with engaged. disability, the elderly and GBV-  List isc of affected women have access to job attendance of opportunities. all meetings  Undertake recruitment Conducted. transparently, while ensuring the D inclusion of VMGs  Development and implementation of a stakeholder engagement plan  Continuous stakeholder consultation throughout the construction phase as guided by xxxvii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) the approved stakeholder engagement plan Labour  Inefecetive GRM  Timely closure of all grievances  No of cases Logged.  Grievance Contractor Continously No py Management logged.  Nature of cases received. Register. additiona Resident  Proper facilitation and capacity  Number of Grievances  Hard copy of all l cost. Engineer building to make the GRM an resolved and not resolved. Grievance forms CPCT effective conduit for grievances  Number of GRC meetings Co redress. conducted and grievances  Hard copy of all GRC resolved in the GRC Grievance  Project to ensure sensitization of Resolution SEC meetings. the GRM, its procedures, the forms.  Number of facilitations levels or officers to whom done for the SEC to solve  Minutes of different types of grievances community Grievances. meetings held re should be addressed and other  Number of GRC meetings with relevant information. conducted and issues community discussed. towards Grievance su register.  Labour  Child  Ensuring than each employee  Records of Child protection  Approved Contractor Continuously No Management Exploitation/Lab our lo signs a code of conduct that covers child protection Ensuring no children are employed on site in cases reported in the project.  Develop a child protection Code Conduct document. of Resident Engineer addition al cost. accordance with national labour  Records isc Code of Conduct. of laws.  Number of Inductions Employees  Ensuring that any child sexual sessions on Child engaged in the relations offenses among protection Code of project. contractors' workers are promptly Conducts.  Contract D reported to the police.  Number of refresher documents of awareness training on Child all employees protection Code of engaged in the Conducts. project.  Number of staff who have signed Code of Conduct. xxxviii Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Labour  GBV/SEA/SH  Contractor to develop and  Number of Inductions  Minutes of Contractor Monthly No Management Implement policy on sexual sessions on GBV/SEA/SH meetings addition Resident exploitation/harassment and and signing of Code of conducted. al costs Engineer. py Gender based violence. Conducts.  List of Quarterly  The contractor to develop and  An approved Code of attendance and CPCT implement grievance redress Conducts. pictures of the mechanism including non-  Number of GBV, SEA and stakeholder retaliation of whistle-blower, the SH cases reported and engagements. Co GRM strategy will be specific in resolved.  List of handling of GBV, SEA and SH  Number of Community attendance of (sexual harassment cases) that will sensitization sessions on Toolbox talks ensure survivor centred approach GBV/SEA and SH. trainings. and confidentiality.  Number of Continuous  Evidence of  The contractor will develop a training and awareness IEC materials re whistle blower strategy ; training done through used.  Implement the signing of Code of toolbox talks.  Signed Codes Conduct before deployment to site  Number of IEC materials of Conducts su after recruitment. done to create awareness.  Undertake gender mainstreaming  Number of stakeholder during the construction phase engagements conducted on  Disseminate the policy among all GBV/SEA/SH. lo the staff and SEC;  Put in place measures for monitoring GBV/sexual  Establishment of grievance responsive GRM. a harassment. isc  Create awareness among women and men on GBV and SEA risks including reporting and referral pathways. D  Have deterrent/punitive measures for any offenders reported> Total Cost for Construction Phase 2,300,000 xxxix Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Conclusions and Recommendations The ESIA review revealed several gaps that were identified and documented. First the Baseline environmental and social data for Kakamega County were not only inadequate but also outdated based on the period lapse between the initial ESIA study (2017) and the current ESIA review exercise (2023). New and revised legal requirements in addition or the Bank’s Environmental and Social Framework (ESF) and other international requirements and guidelines were reviewed as well and considered in the updates of the ESIA study report. Additional public consultation was also done in order to revise the scope, guided by KISIP. The re-scoping exercise was done consultatively involving both the GRC and the SEC. Only the settlements and the projects that were agreed upon were reviewed and included in the updated ESIA study. No significant additional impact was identified during the course of the study based on the initial study y report. p The following are the consultant’s recommendations; Co  That the Contractors, guided by the ESMP, develop specific Construction Environmental and Social Management Plans for each component that should be reviewed and approved by the Project Engineers prior to implementation.  That a robust Labour Management Plan for the project is developed for application in all projects specifying code of ethics for employment guided by the Employment Act. re  That a robust Waste Management Plan be developed that aligns to the Sustainable Waste Act, 2022 and the County legislation su  That a comprehensive Grievance redress procedure be developed by the contractor for review and approval by the Engineer to handle grievances raised by the community members  That the contractor confirms that all the required permits and approvals have been acquired lo and available for inspections and audits by the Project Engineer of the Employer.  That, prior to the start of the project, entry meetings should be held in each settlement to inform isc the public of the intention to commence the works and clarify to the community measures taken to manage labour related and other grievances that arise from the project.  Requirement for the contractor to develop and implement a Local recruitment plan. Youth employment is critical for the settlements, and a plan to ensure the contractor complies with D prioritizing locals for unskilled labor is important.  Requirement for the contractor to have a Community Liaison Officer (CLO) on board. The CLO will be the link between the contractor and SEC/GRC/wider community.  To keep the GRC and SEC motivated to deliver their mandates, consider (if not already being done under projects) providing sitting allowances to the SEC/GRC members. Further, ensure an engagement structure, e.g., monthly meetings involving the SEC GRCs, community members and local leadership, etc. xl Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 1. INTRODUCTION 1.1. Background 56% of the world’s population, 4.4 billion people, live within urban centers according to the World Bank. This trend is expected to continue, with the urban population more than doubling its current size by 2050, at which point nearly 7 of 10 people will live in cities. This rate of growth presents numerous challenges within the urban setting; congestion, inadequate resource, deterioration in sanitation and hygiene, increase in the rate of spread of communicable diseases among others. In Kenya, the urban annual population growth reported at 3.706 % in 2021, according to the World Bank collection of development indicators, compiled from officially recognized sources. Approximately half of Kenya’s population currently live within the urbans centers. This high y population growth rate has resulted in mushrooming of informal settlements that have not been well planned risking the health, safety, security and general well-being of its inhabitants. p In order to improve the living standards of the people living within these informal settlements, the Co Government developed the Kenya Informal Settlement Improvement Project (KISIP). Supported by the World Bank, the similar sub-projects have since been implemented in several counties within the country, and more similar sub-projects are currently under development. The main goal of the project is to improve living conditions in informal settlements in selected towns within 14 Counties in Kenya re namely: Nairobi, Machakos, Kitui, Embu, Thika (Kiambu), Nyeri, Mombasa, Kilifi, Nakuru and Naivasha (Nakuru), Kericho, Eldoret (Uasin Gishu), Kakamega, Kisumu and Garissa). This will be achieved by enhancing security of tenure and improving infrastructure based on plans developed in su consultation with the community. For Kakamega County, KISIP focuses on five of its informal settlements; Amalemba, Kambi Somali, Shibale, Lukoye and Mjini. Roads infrastructure improvement components and street lighting lo components will be implemented within the various settlements as is detailed in the subsequent sub- chapters. isc The project is considered low-risk as it includes the rehabilitation of local access roads with the inclusion of security lights and small scale water supply and sewerage rehabilitation components. 1.2. Overview of the Kenya Informal Settlement Improvement Program (KISIP) D The Government of Kenya has received a credit from International Development Association (IDA) and Agence Francaise de Development (AfD) towards the cost of the Second Kenya Informal Settlements Improvement Project (KISIP 2) and applied part of the proceeds of this credit to procure Consultancy Services for Engineering design review, repackaging of detailed engineering designs & preparation of procurement documents; updating of RAP and ESIA Reports; and supervision of the proposed infrastructure improvement works in selected informal settlement in the counties of Kisumu & Kakamega (11No. settlements) KISIP 2 builds on the successes and lessons learnt of KISIP 1 and continues to support the interventions that have been successful. 1 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The overall project development objective of the KISIP 2 programme is to improve access to basic services and tenure security of residents in participating urban informal settlement and strengthen institutional capacity for slum upgrading in Kenya in consultation with the community. This Project, while concentrating on informal settlements, complements existing and past urban operations in Kenya to address the urban infrastructure deficit and urban institutional challenges. It supports the Governments’ affordable housing agenda as it seeks to complement the demand-side and supply-side operations to improve housing affordability KISIP comprise following four components, namely; Component 1: Integrated Settlement Upgrading. This component supports settlement upgrading through two main interventions classified under two sub-components: y Sub-component 1.1: Tenure regularization p Coordinates regularization of tenure for people living on uncontested public lands whose process includes; Co a) Development of a local physical plan for the settlement which lays out land parcels and infrastructure (roads, drainage, walkways, etc.); b) Surveying with physical placement of beacons to demarcate the parcels as per the plan; c) Preparation and issuance of letters of allotment based on the survey plan; and finally re d) Issuance of titles. Sub-component 1.2: Infrastructure Upgrading su Coordinates infrastructure investment portfolio whose menu includes: roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste collection and settlement sorting, storm water drainage, water and sanitation systems, public parks, and green spaces. It further includes lo investments related to prevention of crime and violence, including but not limited to community centers. The ESIA review and update falls under this sub-component. isc Component 2: Socioeconomic Inclusion Planning This component supports community development plans to enhance social and economic inclusion, identifies beneficiaries who fit the eligibility criteria of government programs but are excluded and connects them appropriately, supports participatory crime and violence mapping, monitors the employment of local labour, carries out D community capacity building and awareness raising for various project interventions including community-based solid waste management. Component 3: Institutional Capacity Development for Slum Upgrading This component supports institutional and policy development at national and county levels; develops a capacity building plan for national and county levels to implement the Strategy and to develop understanding of slum upgrading processes; also supports technical assistance, training, workshops and learning events, experience sharing and peer-learning activities with other counties, and other capacity building activities. Component 4: Program Management and Coordination 2 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) This component supports activities of the NPCT and the CPCT related to national and county level project management and coordination, including planning, surveying, engineering, fiduciary (financial management and procurement), safeguards compliance and monitoring, monitoring and evaluation (M&E), communication and community development. 1.3. Project Relevance and Justification All Kenyans deserve decent living standards as stipulated by the Constitution. Decent living conditions include access to safe quality water and sanitation, decent housing, security and safety among others. As per the Bill of Rights in the Constitution of Kenya, Housing and water are some of the rights. According to Vision 2030 efforts towards realization of a better urban lifestyles will involve the restructuring and enhancement of urban planning. Focus will be directed towards reduction of deficits in key sectors that affect livelihoods including housing, water and sanitation, y health, transport, communication, energy and land reforms among others p Vision 2030 development blueprint recognized that most of the urban areas were poorly planned and in need of better planning. The government plans to enhance the planning of the urban areas Co with special priority directed towards the upgrading and improvement of informal settlement and slums. Such efforts were in line with the MDGs (2000 – 2015) and currently resonate well with the SDGs (2016 – 2030) especially SDGs: 3 (good health and well-being); 6 (clean water and sanitation); 7 (affordable and clean energy); 9 (Industry, Innovation and Infrastructure); 10 (reduced inequalities); re 11 (sustainable cities and communities); and 12 (responsible consumption and production). Targeted informal settlements in Kakamega County under the improving infrastructure component su are situated in the following sub-counties: Mumias West (Lukoye, Mjini and Shibale) Lurambi (Amalemba, Kambi Somali) lo 1.4. Justification of the ESIA review and update The Initial ESIA study was conducted in the year 2017, and ESIA license was issued on 19 th July, 2019, and was valid for 24 months (Annex II). The validity of the ESIA license ended in July of isc 2021, without having the project implemented. The Employer intends to undertake the project after the time lapse. The conditions for the License included among others;  That the license will only be valid for 24 months and convers road works, water supply D network, sewerage extension network, solid waste management and associated amenities;  That the proponent will need to conduct Environmental Audits for each year during;  That the Director General shall be notified for any transfer, variation or surrender of the license;  The proponent shall implement and maintain an environmental management system, organizational structure, and allocate resources that are sufficient to achieve compliance with the requirements and conditions of this license;  That the proponent shall comply with NEMA’s improvement orders throughout the project cycle. 3 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Over the years, several changes have occurred that necessitates the review and updated of the ESIA report, in order to identify any new or changed aspects, which exposes the bio-physical and socio- economic environment to unprecedented risks. This ESIA report has included both the details of the previous project design components and the proposed updates given the funding available as guided by the proponent. This is to give the reader an appreciation of the initial design and its environmental and social impacts, and the current proposed design and its environmental and social impacts. Further, as opposed to having separate ESIA project reports for the different settlements as is best practice, the report consolidates a comprehensive ESIA study report for the settlements in one platform as was also done in the initial review. Finally, the separation of the Environment and Social Management Plan matrices for each component (Roads and Drainage, Electrical and Water and Sanitation) introduces similar impacts that have been captured in y each sub-section. This allows for ease of reference by the different contractors handling the different p sub-components. A highlight of changes which necessitates the review and update included; a) Re-scoping of the project activities/interventions to align with the available budgets Co The scope of the project reduced significantly to suite the budget allocated to the implementation of the project. Each project component, roads component, electrical component, and water and sanitation component for the various settlement reduced in scope. All the earlier proposed components of the project were evaluated for effectiveness and cost as guided by the Employer. re Through collaborative meetings, the Consultant, SEC members, the County Government officials and other stakeholder identified alternative projects that will be most beneficial to the communities su (Minutes of meetings on annex VI). Amalemba Settlement lo Original Works Revised Works Roads and drainage  Amina Salim Street Road  Amina Salim Street (443m)  Main Abdi Street Road isc  Mohamed Salim (455m) Sewerage Sewer A with secondary sewers & tertiary sewers Ablution block (1No.) Street lighting Amina Salim Street Road (Street lighting) D Flood lighting (2No.) Floodlight (1 No) Kambi Somali settlement Original Works Revised Works Roads and drainage  Kambi Somali Road 1 (107m)  Kambi Somali (203m)  Kambi Somali Road 2 (83m) Ablution block (1No.) Street lighting Flood lighting (1No.) Sewer and last mile connectivity 4 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Mjini Original Works Revised Works Roads and drainage  Masanga Road  Amina Salim Street  Extension to the deliverance church road and streetlights  Mohamed Salim Water Supply Ablution block (1No.) Street lighting  Street lighting on Masanga Road  Link to Deliverance church Flood lighting (2No.) y Shibale Settlement Original Works Revised Works p Roads and drainage Roads and Drainages Co  Shibale Road 1 (590m)  St. Joseph’s Access Road  Shibale Road 2 (748m)  Shibale Primary Access Road  Shibale Road 3 (652m) Drainage extension to Nzoia River (both roads)  Shibale Road 4 (389m) Water supply systems Water Kiosks (5 No) re  Catholic Church 1-A- Line (100.24)  Catholic Church Line su (274.02)  Catholic Church Line 1B (174.25)  Sytop Line (356.26) lo Ablution block Street lighting isc Flood lighting (6No.) Floodlight (1 No) Lukoye Settlement D Original Works Revised Works Roads and drainage  Lukoye X1  Lukoye Loop Road through Greenview Estate  Lukoye X2  Lukoye X2-1  Lukoye A1  Lukoye A2  Lukoye A3  Lukoye B1  Lukoye B2  Lukoye B3 5 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Water supply systems Ablution block (1No.) Street lighting Flood lighting (5No.) Al Karim, Jua Kali and Masingo Settlements considered in the development of the initial ESIA were not considered within the current scope with the understanding of the Community SECs established within the County. The reduction of the scope was not seen to introduce new impacts to the project. Impacts were seen to reduce based on the re-scoping. y b) RAP Updates With the re-scoping of the project to exclude some components of the project, there was an update in p the Survey of the settlements within which the project was to be implemented. A re-surveying was Co meant to identify any new PAPs following the re-scoping and an update of the RAP was important to confirm that the previous RAP was effectively implemented. , the review and update of the ESIA report was important to identify any changes in impacts on the settlement. Completion of planning and surveying in some settlements which established and c) Update of Project Safeguard Framework documents for KISIP2: ESMF, RPF, VMGF, re SMP, and SEF After the initial ESIA was done and the EIA license for the project was issued, there was identified su a need to develop Project Safeguard Framework for KISIP. The review and update of the ESIA was important to align the new requirements and structure of the KISIP Project Safeguard Framework. The new documents included the KISIP Environment and Social Management Framework (ESMF), lo the Resettlement Policy Framework (RPF), the Vulnerable and Marginalized Group Framework (VMGF), the Stakeholder Engagement Framework (SEF) and the KISIP Social Management Plan isc (SMP). d) Changes in the Institutional Arrangements Changes in the institutional arrangements for the project implementation. In the new arrangements, D the County Governments are the project Employers for infrastructure works with responsibilities for procuring and implementing the interventions. Over the years KISIP developed various frameworks for ensuring environmental and social management for all their projects, and these need to be considered in order to update the ESIA report. The ESMP and the proposed grievance redress mechanism ought to be updated to include the new framework and institutional structure adopted by the Employer. e) Changes in Policy and Legal Framework at National and County Levels From 2018 to 2023, several new policies and legislature have been developed at National and County levels. The Sustainable Waste Management Act (2022), the Energy Act (2019), Physical and Land use planning Act (2019), the Children Act (2022), at national level and the Kakamega County Rural Water 6 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) and Sanitation Corporation Act (2020), Kakamega County Environment Management Act (2019), Kakamega County Water Act (2019) among others at county level have all been introduced after the initial ESIA report had been submitted and license issued. In order to update this report, these and other amended legislature needed to be reviewed for applicability in the project development, implementation and decommissioning phases. f) Changes in Socio-economic Baseline Conditions As much as there may be limited changes in environmental conditions over the years, key environmental aspects were not initially considered which include environmental baseline conditions within the settlements and climate change risk adaptation measures within the county. Further to this, significant socio-economic changes were expected due to high influx of migrants into the informal settlement from the low income rural areas. y The information contained in this ESIA Study Report, along with comments and inputs received p from stakeholders and commenting authorities will assist the competent authority, the National Environment Management Authority (NEMA), in deciding whether or not to grant environmental Co authorization for the proposed Project, and to inform the conditions associated with such authorization. Updating of the contents of the document will ensure that legal and other information are valid and correct to guide the decision makers objectively. g) Likely new developments in the vicinity of the project which could have an impact on re the projects Over the years, changes within the informal settlements are inevitable. Increase in the number of su people often bring about development projects within these settlements. Introduction of significant institutions, competing county government projects and other developments could impact the settlement in ways that can be significant to the project. The review and update of the ESIA included lo the identification and inclusion of key developments within the project area. h) Likely changes in community priorities and concerns. isc Changes in community priorities over the years were also evaluated during project re-scoping and their concerns were also re-assessed to identify key concerns that may not have been identified during the initial ESIA study. The prioritized projects excluded ablution blocks and the waste management D component. 1.5. General Study Objective The overall objective of ESIA study is to ensure that potential Environmental and Social impacts associated with the development of the project are identified, assessed and managed appropriately to meet the compliance requirement of the Government of Kenya (GOK) and the World Bank. Mitigation measures are then developed and incorporated into the project to eliminate, minimize and reduce adverse impacts and where practicable enhance benefits Specific objectives of this study are to: 7 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Update the previous ESIA study report to consider any changes in scope, legal and institutional structure, socio-economic baseline among others.  Document all relevant stakeholder feedback for ease of reference and provide validation of the project  Communicate the updated findings of the ESIA process for the proposed Project and alternatives considered;  Ensure that the impacts identified during the ESIA process are updated, evaluated and proportionate and realistic mitigation measures identified;  Facilitate an informed decision-making process by the relevant authorities in the ESIA process 1.6. The study Team y The updating of this study was conducted by a team of experts who have been highlighted below; p Table 1.1: ESIA Team members Name Role in the Study Co Ms. Cynthia Achieng Ochieng Lead Environmentalist for the Study Lead EIA EA Expert Collecting all relevant information and the developing the final ESIA Reg No. 2469 report Identifying gaps in information shared and finding ways to fill these gaps re Working with the team to collect relevant information from the various departments that can inform the study. Ms. Florence Ogalo Oloo Collecting relevant socio-economic information and conducting su stakeholder engagement to inform the study. Mr. George Adhoch Verification of Environmental and Social baseline conditions and key Lead EIA/EA Expert environmental concerns that need to be highlighted and supporting in lo Reg No. 2356 stakeholder engagement Ms. Immaculate Assisting in data collection, enumerator training and public isc participation Eng. Michael Ogola Translating engineering information and developing design details to inform the ESIA study report Eng. Lenny Kirimi Translating water and sewerage layout plans in order to inform the D ESIA report Eng. David Mutonga Translating electrical engineering designs in order to inform the ESIA report. Eng. Paul Agwaro Translating engineering information and developing design details to inform the ESIA study report Mr. Peter Odwe Mapping of all the affected settlement and the proposed components to be implemented 8 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 1.7. Approach followed for conducting ESIA Study The main objective of this assignment was to study the initial ESIA report prepared at design stage with the aim of identifying gaps and areas of intervention. The study was to establish required additional data and information as well as missing links to the environment and social settings in the respective areas. The focus on ESIA report was mainly on updating the environmental, social and economic baseline conditions as important parameters for the review of the respective environment and social management plans (ESMPs), the latter being the ultimate tool in the project implementation. In addition to the documentary review, project areas were also re-appraised with respect to the existing physical conditions as well as environmental and social quality. Updating of this ESIA report is guided by the Environmental (Impact Assessment and Audit) Regulations of the 2003 and the Amendment Regulations (Legal Notice 149) of 2003 and (Legal y Notice No. 150) of 2016. Various methods of data collection were employed including public consultation as provided for in EMCA 1999 and the World Bank’s ESS10: Stakeholder Engagement p and Information Disclosure. Consultative and participatory methodologies were employed Co throughout the field work coupled with visual observations and interviewing the residents about various issues identified and possible solutions they would appreciate. Through consultation, the project components were prioritized to guide the borrower on project implementation. Both qualitative and quantitative data collection techniques were used in the data gathering exercise, mostly focusing at sampling of residents’ households and relevant institutions. GIS was used to map re key environmental and social elements that will guide the reader of the report to appreciate the project and project locations. su The following are the methods that were used during this assessment. Task 1: Review the Initial ESIA study lo The Initial ESIA studying was reviewed to identify key gaps that need to be addressed and updated. This review was done with the premise of the new legislation that had been introduced between the isc times the initial ESIA study was done, to the time of the review of the ESIA study. Other changes that impacted the study area included;  Administrative changes over the years as a result of changes within the County’s politi cal and D administrative structure.  Socio-economic changes over the years with the influx of population and urbanization with an increase in the number of traders, and the general population.  Project components were amended to suit the allocated budget and community priority projects guiding the Consultant to re-assess the re-alignment of project components to the Employer’s budgetary guidelines.  Design of the roads were amended to fit within the wayleaves to reduce the risk of involuntary re-settlement of the people, hence previously affected PAPs may not be impacted in some sections while impacted in others. 9 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The developments mentioned above guided the consultant to take a more wholesome approach to review each section of the initial ESIA and update it accordingly. Previous of ESIA, ESMP and RAP studies, as well as the implementation of ESMP in similar projects was also taken into account. Task 2: Field Reconnaissance Survey and Review of Earlier Studies The field reconnaissance survey has been carried out within the various settlements to understand salient environmental and social attributes that are likely to be most adversely affected by the project components. These feature included  The general topography of the informal settlements  Roads geometry  Social amenities such as solid and waste water management systems (grey and black waters) y  Socio-economic structures such as temporary kiosks set up at the sides of the roads  p Bio-physical features such as trees and animals  A social and physical feature like settlement pattern, its density, typology of buildings, especially Co the presence of religious buildings, land use, etc. Task 3: Review and Assessment of Applicable Environmental and Social Regulations and Institutions Various rules/regulations and guidelines applicable to the project roads and World Bank Environment re and Social Standards, were reviewed and mapped against the project components to identify the relevant local and international regulations and guidelines that guide the instruct the development and implementation of the project in an environmentally and socially sustainable way. This review su also guided the identification and mapping of key institutions that form part of the stakeholders for the project. The Stakeholder map will identify and rank the stakeholders from those that are most influential and most affected to those that are least influential and least affected by the project. lo Task 4: Delineation of Study Area for Assessment isc While the project areas are guided by the TOR as the, the consultant set out to understand the project footprint during its development, implementation and operation in order to understand key impacts, cumulative impacts and their possible mitigation measures to reduce their risks to as low as reasonably possible. Beneficiaries of the project and its components were identified and mapped using GIS D technology to understand direct and indirect beneficiaries of the project. Task 5: Re-Assessment of Baseline Environmental and Social Conditions A review of the previous baseline conditions was assessed and mapped against the current situation on order to understand future projections of both benefits and negative impacts of the project. However, the previous ESIA lacked to a large extent, quantitative data to inform the ESIA study. The consultant, in this case, used various data collection and presentation methods to map current situation as the baseline conditions of the project area. Given the project duration, the consultant reviewed secondary data relevant to the various components of the project. 10 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Task 6: Public Consultations/ Focus Group Discussions To cover a wide range of stakeholders in the study area, focus group discussions and public barazzas were conducted at selected places with Settlements Executive Committee (SECs) and other stakeholders to understand their perception on the project as well as their issues and concerns. Overall project features, social safeguards, issues related to women’s safety and security, youth and gender concerns, environmental safeguards, and enhancement measures that would be implemented in the project was also discussed with the public. Task 7: Prediction of Environmental and Social Impacts The task identified likely positive and negative impacts that would arise due to the implementation of the project, through changes in the physical, biological or socio-economic environment. The y assessment considered the different stages of implementation, i.e. design, pre-construction, construction and operation stages of the project roads. p Task 8: Review and updating of Environment and Social Management Plan (ESMP) Co The Environmental and Social Management Plan (ESMP) was reviewed and updated following any newly identified risks and impacts which included mitigation measures for all the negative impacts of sub-projects and enhancement measures for positive impacts. 1.8. Limitations of the Study re This review was basically focused on interrogating the initial ESIA Study report and associated supporting documents with a review to identifying areas requiring strengthening or overhaul. While su this is a straight forward activities, there are challenges encountered in the process including; (i) The initial documents were limited in comprehensive coverage of the environmental and social baseline data and information that would have formed the basis for impacts review and lo appropriate management plan. (ii) It was assumed that the initial ESIA process had fully engaged the public through the corridor. isc However, the minutes shared indicated that the consultations per settlement were less than adequate. This necessitated the Consultant to further engage the SEC more comprehensively to gather more information. In this regard, stakeholder’s forums were undertaken at County level guided by the County Administration, and the SECs. D (iii) Due to the unprecedented scope of gathering additional baseline data and information and the level of stakeholder consultation, more time and resources was required. However, the deliverable timeframes were not affected. 11 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2. PROJECT DESCRIPTION AND DESIGN 2.1 Introduction KISIP proposes to improve certain aspects be spread across 5 informal settlements in Kakamega and Mumias Municipalities of Kakamega County;  Amalemba  Lukoye  Kambi Somali  Mjini  Shibale The interventions being implemented in each of the 5 respective sites were identified through a participatory process based on the initial design. This was guided by the Settlement Executive y Committees (SECs) and KISIP County Staff with the participation of the design team. The ESIA p team participated in these preliminary meetings to identify the project components. The KISIP list of projects that can potentially be funded were instrumental in finalizing on the list of projects to be Co implemented. The project is designed to respond to the felt needs of the residents of these settlements, which in general are:  Improved water supply for several of the settlements: KISIP will not start new water supply re projects but rather will tap into existing water supplies and expand the existing pipeline and construct water Kiosks so as to reach more people. su  Improve access roads and the drainage system. While the drainage system will enhance the life of the improved roads, it will also help improve the existing situation where surface run off and waste water just run in any direction creating pools of stagnant water. This makes the living lo conditions very bad.  Street/security lighting through high masts will help improve the security situation, a common isc problem in informal settlements.  In these settlements residents use pit latrines for fecal waste disposal which are then evacuated when they fill up. A sewer line will be constructed from each of the respective settlements and connected to existing sewer lines that are not far. The County Government has in principle D agreed to this arrangement.  Solid waste disposal improvements. Mechanisms of collecting solid waste will also be put in place (waste collection centres). In general, the project will redress the myriad of environmental issues found in these informal settlements. The following are the identified interventions as well as the scale of what will be done under each of the 3 key components; Roads and drainages, water and sanitation, and street lighting are the main projects that will be undertaken within the Kakamega KISIP Programme. 12 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.2 A brief Description of the project location Kakamega County is located in the western side of Kenya. Kakamega County has 12 Sub-Counties, 7 Townships and 60 Wards. p y Co re su lo Figure 2.1: Kakamega County Map The KISIP investment sites are mainly in three Wards – Shieywe (Kambi Somali, Masingo, Jua Kali) isc and Central Mumias Town (Shibale, Nubian, Mjini) and Amalemba in Shirere ward. Specifically the settlements within which the projects will be implemented are located as outlines below;  Amalemba Settlement is located in Shirere Ward, Lurambi Sub-County, in Kakamega County D on the south east of Kakamega Town. It covers an area of 0.230 km  Kambi Somali settlement is located in Shieywe Ward of Lurambi Sub-County in Kakamega County, which is in the periphery of Kakamega Town on the western side.  Mjini settlement is within Mumias Town in Central Ward, Mumias Sub-County in Kakamega County.  Shibale Settlement is located in Central Ward in Mumias Sub-County, Kakamega County, along Mumias-Bungoma Road  Lukoye Settlement is located in Nucleus Ward in Mumias Sub-County, Kakamega County, along Mumias-Bungoma Road 13 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.3 INITIAL PROJECT SCOPE The scope of the project initially covered 8 settlements; Amalemba, Shibale, Mjini, Lukoye, Misingo, Jua Kali, Kambi Somali and Al Karim settlements. Specific details of the project included the development of roads component, water supply, waste management, street lighting, similar to the currently assessed scope of works. However, the initial scope was significantly broader. 2.3.1 Initial Roads and Drainage Infrastructure component The Consultant designed the roads given in the Table 2.1 below as selected by the Informal Settlements Communities through various consultations. Table 2.1: Selected Roads within Kakamega County SETTLEMENT NAME OF THE ROAD LENGTH OF THE ROAD (m) AlKarim AK1 13 AK2 4 11 y AK3 4 22 5 p AK4 12 AK5 4 12 Co AK6 0 11 AK 7 5 9 AK 8 9 9 AK 9 9 17 Main Road 6 8 re Main Road 2 3 32 Kambi Somali Kambi Somali 0 20 Mjini Road 1 3 51 su Masanga Road 5 34 Jua Kali JK Worksop 1 21 Posho to Golden Inn 1 7 24 lo Posho to Golden Inn 2 3 18 Uncle Dave – Midland Hotel 1 35 Wagon Store 4 18 isc Masingo MS 1 7 13 MS 2 4 12 MS 3 5 9 MS 4 0 65 D Shibale Shibale Road 1 0 590 Shibale Road 2 748 Shibale Road 3 652 Shibale Road 4 389 Amalemba Amina Salim Street 443 Mohamed Salim 455 Lukoye Lukoye X1 500 Lukoye X2 427 Lukoye X2-1 138 Lukoye A1 810 Lukoye A2 378 14 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) SETTLEMENT NAME OF THE ROAD LENGTH OF THE ROAD (m) Lukoye A3 363 Lukoye B1 441 Lukoye B2 554 Lukoye B3 873 Cross section types recommended and adopted in the design are as shown in Table 2.2. Table 2.2: Recommended Cross Section Types Cross- Carriageway Shoulder Footpath Drain (m) Verge Road reserve section type width (m) width (m) width (m) Rectangular (m) (m) IBD with side slabs 1 5.5 0.6 2 1 0.4 12 y 2 5 0.6 1.5 1 0.4 9 3 4.5 0 0 1 1 Restricted p 4 3.5 0 0 1 1 Restricted Co 2.3.1.1 Flow Velocity in Storm water Channels In order to minimize scouring of storm water drainage channels and reduce deposition of debris in the channels the minimum and maximum flow velocities considered in the design were 0.3m/s to 6m/s. re 2.3.1.2 Road Crossings Storm water road crossings were either in pipe culverts or in box culverts depending upon the flow to be conveyed past that crossing point. su 2.3.1.3 Structural Design Criteria lo It was intended to use established standards in the design of reinforced concrete box culverts structures, and MOW Design Manual for Bridges. BS 8110 Structural Use of Concrete Part 1- Code of Practice for Design and Construction. isc Considerations of cement quality, aggregate size, and minimum cover to reinforcement, formwork finishes, striking of formwork curing of concrete was specified in detail in accordance with general guidelines given in the sites. D Use of high yield standard reinforcement steel was recommended, as there was no cost difference with low yield steel. Detailed criteria for construction materials and procedures of testing and commissioning of hydraulic structures were fully covered in the Contract Specification in the tender documents. 2.3.1.4 Initial Building of Drainage Works The drainage site works was to be constructed to BS CP301. 2.3.2 Initial Water and Sanitation Component The Consultant designed the water supply systems in the settlements as listed in Table 4.1 after consultation with the Community. 15 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 2.3: List of Water Supply Systems Settlement Water supply Line Length Alkarim AK1 108.64 AK 4 95.736 AK 5 64.279 AK 6 99.458 AK 7 47.066 AK 8 95.749 Alkarim proposed main supply line 147.46 Mjini Line 1 260.89 Line 2 30 JuaKali Jk Line 1 B 0 80.1 Jk Line 1-A 9 63.937 y Masingo Mas Line 1 44.593 Mas Line 2 73.145 p Mas Line 3 86.525 Masingo proposed main supply line 199.53 Co Mjini Line 1 260.89 Line 2 212.18 Shibale Catholic Church 1-A-Line 100.24 Catholic Church Line 274.02 Catholic Church Line 1B 174.25 re Sytop Line 356.26 Lukoye LKY-1 Line 715.76 LKY-2 Line 9.8 5 su LKY-3 Line 57.7 LKY-4 Line 3 6.8 LKY-5 Line 8 55.4 LKY-6 Line 6 262.95 lo LKY-7 Line 84.5 LKY-8 Line 2 161.27 LKY-9 Line 300.74 isc LKY-10 Line 167.18 LKY-11 Line 94.1 7 Water pipelines were located 3.00m to the south or east of a right of way centerline, or, where D possible, in a dedicated utility corridor. Water pipelines located in a right of way were designed in the location authorized by a water county engineer or planner, unless the location is precluded by the existence of other extenuating circumstances. All water pipeline extensions were to be installed in the adjacent street, pathway, or easement, along the entire length of the property to be served. 2.3.2.1 Water Kiosks Siting in Rural Areas The water kiosks were sited so that the maximum walking distance for 90% of the water users will be approximately 0.5km, 1km and 1.5km in high, medium and low potential areas respectively. However the number of water users per water kiosk were to be in the range of 16 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 200-500 which was to be achieved by adjusting the walking distances if necessary. The water kiosks were to be placed on high ground to facilitate the drainage of spilt water and to make the point serve as an air-outlet from peaks in the distribution pipe. The positioning of the water kiosks were to be made in co-operation with the beneficiaries and the chiefs from the areas. Siting in Urban Areas The maximum walking distance in low class housing areas was to be approximately 100m and the number of users per water point were to be between 100 and 480. However the local water collection habits, the number of IC in the area etc. was considered before siting the water points. Water kiosks and Ablution blocks were to be provided near public facilities such as markets, health centers and schools. For Water kiosks soak away pits were to be provided at water outlets. While y waste from ablution blocks was to be conveyed to the sewer collection system. Water meters were to be installed at all consumer connections, in order to prevent water wastage and to manage the p water system by monitoring and minimizing water losses. Co 2.3.2.2 Water Storage General The purpose of storing water was mainly balancing of the variation in the water consumption during the day and emergency storing to ensure the supply of water during break-downs. re Rural Areas Balancing tanks was to be provided in order to reduce the peak flows in the transmission and su distribution lines. The number and location of the tanks’ were decided after an economic analysis aiming at minimizing the cost of the whole system of tanks and pipelines. Generally the tank for the balancing of the daily peak demands was to have a capacity of 50% of lo the daily water demand of the area served by the tank. Urban Area isc The same general principles as for rural areas apply. However, principal towns and urban centres were to have at least 12hours storage capacities in addition to the requirements for balancing. Customer Water Service Connections D A water service connection includes the service saddle clamp, corporation stop, copper pipe, angle meter stop, tracer wire, locator tape, meter box and lid. Each customer water service connection was to be individually metered. The customer was to pay for the installation and maintenance of shutoff valves in their water service line (or private plumbing) between the water meter and the customer structure, and was to be financially responsible for their water service line. There was to be an allowance of 30 No. household water connections and water meters for each settlement. There was also to be provisional zonal water meters to be incorporated for each water supply line to the settlements. These facilities were to be installed by the water service provider. 17 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Customer Water Service Connections: Location For automated meter reading and easy access by vehicles, each water service connection was to be installed within the public right-of-way or an easement (client/water service provider) and adjacent to the property to be served. The water meter was to be installed by water service providers after the project has been accepted. Main Replacement Water Service Connections When existing mains were to be replaced, all existing water services was to be connected to the new main by either a water service connection tie-over or a water service renewal. Service renewals was to be used in areas that involve district improvement development plans or when the service has been acquired from a private water company and angle meter stops are not installed. Locations in which Water Service Connections were not Permitted On water mains sized over 200mm; there was to be no water service connections. y Where extra protection was needed near sewer mains as required by R 18 -4502.C, Minimum p Design Criteria, Water and Sewer Mains, no customer water service connections was to be installed. Co Communal Water Points Varying percentages of high density dwellers was to draw water from communal water points during the study period. In the town it is proposed that the communal water points was to be designed to serve not more than 200 people within a radius of 200 metres. re 2.3.2.3 Initial Sewer Design The Consultant designed the sewers as listed in Table 5.1 below after consultation with informal settlement communities. su Table 2.4: Initial List of the Designed Sewers SETTLEMENT SEWER LINE LENGTH (m) DIAMETER (mm) lo Amalemba Sewer A Existing Sewer A1 9 10 Sewer A2 0 32 0 20 isc Sewer B 0 30 0 20 Sewer B1 0 20 0 15 Sewer C 0 24 0 20 Sewer C1 0 11 0 15 0 0 D The sewer network cover both the primary and secondary sewers. There was also a provision for lateral sewers up to the house hold inspection chambers. All the sewer networks were to be incorporated in the designs and the bills of quantities. The details in the initials design report does not clearly outline the design that was proposed for the sewer system. It instead gives guidance on what should be considered in the design of sewer systems. 2.3.3 Initial Flood lights and Street Lighting Previously the flood lighting proposed were to be on 30 meter towers with 250watt LED light fitting. The 30 meter towers are adapted in all the settlements unless in special zones regulated by civil aviation authority or any other public authority. All the towers were to be connected with individual KPLC 18 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) meter from the nearby existing line. The lights were to be operated on photocell installed through the contactor. There was to be a metal control pillar under each tower to feed the light individually. As for street lighting, the previous design proposed that poles are installed 750mm deep in the ground with a distance of 20meters between any two poles. The light fitting proposed was 50 watt LED. At road junctions 3 (three) light poles are proposed. Generally all the roads have illumination of 20 lux 2.4 REVISED PROJECT SCOPE With the revised budget from the Employer, the consultant sought out the most feasible, project components that will have the most benefit to the community. Project prioritization meetings were held between the consultant, the SEC and other stakeholders in order to achieve this objective. Through the deliberations, the following project components were agreed upon within each settlement: y Table 2.5: Summary of intended projects within selected Kakamega County settlements Settlement Project Details p Amalemba Roads and Drainages o Amina Salim Street Road Settlement namely o Main Abdi Street Road Co o Abdi Mnemwa Street Road which would be done from the junction with the Amina Salim Road and the join it back to the tarmac road heading to the airstrip Floodlight (1 No) to be placed on the football pitch next to the water tank Streetlights To be erected along Amina Salim Street Road re Sewer with secondary sewers and tertiary sewers Mjini settlement Roads and Drainages and o Masanga Road and streetlights Street lights o Extension to the deliverance church road and streetlights su Water supply Shibale Roads and Drainages o St. Joseph Road (290 meters). This road would connect the Settlement namely; settlement to the high school. lo o Shibale Primary Road (210m) o Water Supply o Water kiosks – 2 No o Public tap yards – 20 No isc o Individual connections -50 No Floodlight (1 No) Earth drains o Construction of earth drains for the two prioritised roads leading towards the natural outfall into the river. D Lukoye Roads and Drainages o Lukoye Loop Road through Greenview Estate Settlement Kambi Somali Roads and Drainages o Kambi Somali Road Sewer and last mile connectivity For the purpose of clarity and avoidance of confusion in reviewing the ESIA, the ESIA consultant detailed the project design under the following sub-headings; Subheading 1: A brief Description of the project location Subheading 2: Road Construction component Subheading 3: Electrical Works Component 19 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Subheading 4: Water and Sewerage component KAKAMEGA TOWN KAMBI SOMALI p y AMALEMBA Figure 2.2: Amalemba and Kambi Somali Settlements location Co re su SHIBALE lo isc LUKOYE MUMIAS D MJINI Figure 2.3: Shibale, Mjini and Kambi Somali settlements location 2.4.1 Roads Construction Component Kakamega County roads have similar characteristics to the Kisumu County roads but the roads generally traverse stable soils and are fairly sloped for drainage. 20 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The road alignments are currently done to gravel standards with condition ranging from fair to poor. The road alignment in Kakamega County settlements generally transverse areas characterized by stable subgrades except in parts of Kambi Somali and Shibale which have some expensive soils. The roads are defined by poor or absent drainage. 2.4.1.1 General Road and Drainage Design The road corridors are poorly kept and are generally unappealing. Road alignments have been designed to follow the existing gravel standards roads. Whereas most of the alignments were designed to accommodate more than 50KPH speeds, standards were reduced to the minimum in some sections where sharp curves were introduced to allow maneuverability akin to that of an intersection, attributable to the nature of the road corridor. y Further, the road alignments have been designed to limit impact on the existing human activities along the road corridors i.e. have minimum PAPs and avoid any form of land acquisition. p To ensure proper use of the available road corridor, the design finish road level have been kept to the Co minimum to allow for ease of access to the abutting properties and facilities. The design meets the overall object of the KISIP programme which is to provide basic paved access. However, key link roads have been designed to higher standards notwithstanding the statutory speed limit of 50KPH in areas with significant human activities. re Five (5) different types of road cross sections have been proposed in consideration of the following factors; a) Available road corridor, su b) Importance of the road, c) Need to provide for pedestrians within the road space given walking as the most popular mode of transport in the informal settlements. lo d) The need to allow for services (waterlines, powerlines and sewer) e) Minimum lane carriageway dimensions for safe bidirectional movement of traffic and the isc apparent functional standards of the road. Table 2.6: Types of road cross sections Design Road Walkway Drain Lane Lane Drain Walkway Other provisions D Cross Sections (LHS) (LHS) (LHS) (RHS) (LHS) (RHS) Cross section 0.75 1.0 2.75 2.75 1.0 0.75  Lined Trapezoidal Type 3 drain Cross section 0.75 0.8 2.75 2.75 0.8 1.0  Kerbs Type 4  Channel Cross section None 0.8 2.75 2.75 0.8 None Type 5 Cross section None 0.6 2.75 2.75 0.6 None Type 6 Cross section None 0.6 2.25 2.25 0.6 None Type 8 21 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Where a walkway is not feasible, 5.5m wide carriageway is maintained on some cross sections to allow for pedestrian movement along the edges of the road. Smaller provisions have been considered for local accesses with less motorized traffic. Table 2.7: Road Summaries Roads And Drainage Available Length Design Over Design Services On Encroachme Corridor (M) (M) Cross Cross The nts By Section Type Section Corridor Structures Width (M) LOT 1A (Amalemba/Kambi Minor Somali) Amalemba a) Amina Salim Street 11.0 – 14.0 442 Type 3 10.78 Power, None water, sewer b) Abdi Mnewa Street-Main 11.5 – 12.0 406 Type 3 10.78 Power, y link Road water Kambi Somali p c) Kambi Somali Road 1 7.0 107 Type 8 6.73 Power, None water Co d) Kambi Somali Road 2 10.0 83 Type 6 7.73 Power, None water LOT 1B (Shibale, Lukoye and Mjini) Shibale re a) Shibale Primary. School 9.0 223 Type 6 Power, Minor Access Road water b) St. Joseph's High School 9.5 – 10.5 300 Type 4 10.38 Power, Minor su Access Road water Lukoye c) Lukoye Loop Road 9.0 880 Type 5 8.15 Power, Minor water lo Mjini d) Masanga Road 11.0 345 Type 4 10.38 Power None e) Masanga Link Road 11.0 127 Type 4 10.38 Power None isc Drainage Roads play a key role in an area-wide drainage system. Storm water from abutting property are directed towards the road as there are very few independent drainage corridors in an urban setting. The design has provided for roadside drains on all the roads. Proper drainage is key in ensuring serviceability and D longevity of the road pavement. Four types of drains have been proposed. Side Drains a) Lined trapezoidal drain This has been proposed along majority of the roads because they are safer and easier to maintain. The trapezoidal drains sizes vary between 300mm to 500mm (bottom widths) and 600mm to 1000m (top width) depending on the available space. The side slopes vary depending on the depths, with minimum depth is set at 500mm. b) Open Trapezoidal earth standard drains 22 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) This is considered for drain outfalls to channel the storm water to the nearest existing water channel. This drain type has been proposed for storm water channeling from the two project roads in Shibale to the nearby River Nzoia. Cross Drainage a) Pipe culverts A number of access culverts have been proposed to ensure functionality of the side drains i.e. avoid the high likelihood of access by filling up of side ditches by the locals. These are mostly 600mm dia pipe culverts but where high flows are expected, 900mm dia culverts are proposed. 900mm dia culverts have been propped for cross drainage on roads where cross drainage is required. y Table 2.8: List of Cross Drainage Structures Road Location Description p LOT 1A Amina Salim Street 0+005 1 x 0.9m Dia Culvert Co 0+280 1 x 0.9m Dia Culvert Abdi Mnewa Street-Main link Road 0+005 1 x 0.9m Dia Culvert 0+240 1 x 0.9m Dia Culvert 0+335 1 x 0.9m Dia Culvert 0+390 1 x 0.9m Dia Culvert Kambi Somali Road 2 0+075 1 x 0.9m Dia Culvert re LOT 1B Shibale Primary School Access Road 0+010 1 x 0.9m Dia Culvert St Joseph’s High School Access Road 0+005 1 x 0.9m Dia Culvert Lukoye Loop Road 0+020 1 x 0.9m Dia Culvert su 0+620 1 x 0.9m Dia Culvert 0+825 1 x 0.9m Dia Culvert 0+875 1 x 0.9m Dia Culvert Masanga Road 0+010 1 x 0.9m Dia Culvert lo 0+330 1 x 0.9m Dia Culvert Masanga Link Road 0+005 1 x 0.9m Dia Culvert 0+125 1 x 0.9m Dia Culvert isc 2.4.2 Scope of Works for Each Settlement LOT 1A: (Amalemba and Kambi Somali) Roads and Drainage D  Amina Salim Street (442m)  Abdi Mnewa Street-Main link Road (406 m)  Kambi Somali Road 1 (107m)  Kambi Somali Road 2 (83m) 23 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Location p y Co Figure 2.4: Proposed roads in Amalemba and Kambi Somali Settlements Carriageway works re  Construction of Wearing Course - 50mm (0/19mm) asphalt concrete (SUPERPAVE) as detailed in the drawings. su  Construction of Base Layer - 150mm thick Graded Crushed Stone (Stone Class B, Stone Size 0/40mm) as detailed in the drawings.  Construction of Subbase - 150mm thick Natural Gravel, minimum CBR of 30% as detailed in lo the drawings.  Construction of improved Sub-grade – 350mm improved sub-grade (minimum CBR of 22.5%) compacted in two layers of 150mm compacted to 95% MDD (AASHTO T180) as detailed in isc the drawings.  General Earthworks Construction – Up to 350mm below formation level, (minimum CBR of 10%) and compacted to 95% MDD (AASHTO T99) in layer not exceeding 150mm thick as D detailed in the drawings. Walkway works  Construction of 200mm x 100mm x 50mm medium duty interlocking blocks for surfacing as detailed in the drawings.  Construction of improved Sub-grade – 300mm improved sub-grade (minimum CBR of 30%) compacted in two layers of 150mm compacted to 95% MDD (AASHTO T180)  General Earthworks Construction – Up to 300mm below formation level, (minimum CBR of 10%) and compacted to 95% MDD (AASHTO T99) in layer not exceeding 150mm thick 24 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Drainage works  Construction of cross pipe culverts and access culverts  Construction of lined trapezoidal side drain. Other works  Road furniture LOT 1B: (Shibale, Lukoye and Mjini) Cluster Roads  Shibale Primary. School Access Road (223m)  St. Joseph's High School Access Road (300m)  Lukoye Loop Road (880m)  Masanga Road (345m) y  Masanga Link Road (127) p Location Co re su lo isc D Figure 2.5: Proposed roads in Lukoye, Shibale and Mjini Settlements Carriageway works  Construction of Wearing Course - 50mm (0/19mm) asphalt concrete (SUPERPAVE) as detailed in the drawings.  Construction of Base Layer - 150mm thick Graded Crushed Stone (Stone Class B, Stone Size 0/40mm) as detailed in the drawings.  Construction of Subbase - 150mm thick Natural Gravel, minimum CBR of 30% as detailed in the drawings. 25 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Construction of improved Sub-grade – 350mm improved sub-grade (minimum CBR of 22.5%) compacted in two layers of 150mm compacted to 95% MDD (AASHTO T180) as detailed in the drawings.  General Earthworks Construction – Cut to spoil up to 1.2m from formation level and filling to 350mm below formation level, (minimum CBR of 10%) and compacted to 95% MDD (AASHTO T99) in layer not exceeding 150mm thick as detailed in the drawings. Walkway works  Construction of 200mm x 100mm x 50mm medium duty interlocking blocks for surfacing as detailed in the drawings.  Construction of improved Sub-grade – 300mm improved sub-grade (minimum CBR of 30%) compacted in two layers of 150mm compacted to 95% MDD (AASHTO T180) y  General Earthworks Construction – Up to 300mm below formation level, (minimum CBR of 10%) and compacted to 95% MDD (AASHTO T99) in layer not exceeding 150mm thick p Drainage works Co  Construction of cross pipe culverts and access culverts  Construction of lined trapezoidal side drains.  Construction of a combination of earth standard and lined drain outfalls at Shibale Other works  Road furniture re 2.4.3 Road Furniture Safety In order to align with safety requirements, the project engineers have proposed the following road su safety features;  Road edge kerbs have been proposed on all the roads to provide lateral support to the road lo pavement, given the neat GCS base layer.  Warning signs have been proposed at key intersections for safety.  Speed bumps and pedestrian crossings have also been included for enhanced road isc safety/accidents prevention  Road surface marking are also proposed to provide maneuverability guidance to motorists for safety and to enhance user experience. D  Masonry wall extension on uncovered rectangular drain sections have been proposed for accidents prevention. 2.4.4 Mainstreaming Of Low Carbon Footprint and Climate Resilience in the Design Infrastructure design can contribute to climate change through use of high carbon footprint base material, construction elements, implementation technologies, operations and maintenance. Road infrastructure certainly contributes to climate change but it is also affected by it. Climate change impacts such as intense precipitation and higher temperatures or temperature fluctuations affect performance/longevity/serviceability of the road infrastructure. Mainstreaming of low carbon footprint and resilience to climate change impacts were key consideration in design proposals. 26 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The following low carbon footprints proposal were considered; a) Use of natural material for pavement layers, i.e. neat GCS and gravel which have lower carbon footprint compared to cement stabilized layers. b) Proposed pavement materials which are locally available to avoid long haulages associated with high carbon emissions. GCS and gravel area found within the project vicinity. c) Provision of NMT facilities in the road space in the form of walkways to further promote walking within the informal settlement, a zero-carbon mode of transport. d) Paving blocks are proposed for more labour based methods in road construction. Further, drainage works are to be labour intensive. To deal with above mentioned impact of climate change and to ensured continued serviceability of the road infrastructure, we have proposed; y a) Higher penetration grade bitumen 60/70 for increased resistance to higher temperatures. b) Lined side drain to prevent ingress of storm into the road pavement. This also helps p with prevention of erosion. Co c) Outfall drain works for efficient evacuation of storm water away from the installed road infrastructure d) Higher capacity culverts that can accommodate much higher flows. U-drain where flows are expected to be higher. 2.5 Electrical Works Component re 2.5.1 Street Lighting su The purpose of road lighting in general is to provide visual cues and to reveal obstacles, so that a safe vehicular operation is possible. Vehicle headlights and traffic safety devices, like road surface markings, delineators, and/or signs, assist the motorist in providing guidance. Fixed road lighting provides not lo only illumination on the road, but also on the nearby surroundings revealing extraneous objects and is opening up the field of view. This is of particular importance in areas of high visual complexity where there may be different types of road users (motorists, cyclists, pedestrians, slow moving vehicles) isc present at the same time. 2.5.2 The proposed street lighting All in one solar street light refers to the new generation solar LED street light that integrates solar D panels, batteries, controllers, and LED lights into one lamp body. Compared with the first generation of split type solar street lights, the biggest difference in the new generation of solar street lamps is their structural integration. An All-in-One solar LED street light is the future of outdoor lighting systems that support green initiatives. They are cost-effective, off-grid and easy to maintain. It’s also integrated with smart, cutting- edge technologies and motion sensor that enables it to perform intelligent functions such as automatic dimming and dusk to dawn automatic operation. This further helps optimize its autonomy and power conversion efficiency. 27 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Use of the integrated solar street lighting will reduce the risk of vandalism of street lighting system components like the cables, accessories used in the pole inspection window and the lighting control pillars. The integrated solar street light is a solar street light that integrates high-efficiency solar panels, 10-year long-life lithium batteries, high-efficiency LEDs and smart controllers, PIR human body and or traffic sensing modules (dims the LEDs when there are no people or vehicle movement), and anti-theft mounting brackets. 2.5.3 Components of The All – In – One (Integrated) Solar Street Light Solar Panel The solar panel is the main component in the power conversion process. With a highly efficient solar module and an improved software and circuitry, the power conversion process can significantly reach y up to 25%. p Co re su lo isc Figure 2.6: Typical solar panel design for street light D Smart MPPT Control System A Maximum Power Point Tracking (MPPT) controller is a smart control system that helps optimize the process of power conversion by automatically adjusting the power output to match different weather conditions and sunlight input conditions. 28 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Figure 2.7: Proposed Smart MPPT Control System y 3600 Rotating Platform Some all-in-one solar street light models are designed with an adjustable, 360-degree rotating platform p which helps in positioning the solar panel to face the sun and harness its energy effectively. Co re su Figure 2.8: Proposed 360o rotating street lighting platform lo Lithium Battery isc A lithium battery is the solar street light’s main battery storage and is one of the most important components. With its recent improvement, a lithium battery can now adopt with high temperature and low temperature environments. This helps in augmenting the needs of extreme weather conditions and help the solar street light stay up for longer sunlight-less days. D RMS Technology To seamlessly control and manage each all-in-one solar street light wherever you are, the manufacturer may incorporate several communication protocols (Zigbee or GPRS). Motion Sensor The motion sensor is responsible for detecting essential movements from people and cars within a certain distance as specified by the manufacturer. It’s also responsible for controlling street light illumination levels for dimming to fully brightness lighting. It is 100% power working when human being or vehicle is detected, and 25% power default setting when no human being or vehicle is detected. 29 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co Figure 2.9: Motion sensor Detection Remote Control for Illumination Adjustment's and Maintenance You can simply adjust different lighting modes, schedule lighting profiling and monitor and maintain street lights by just clicking a few buttons. re LED Module su As its main lighting source, an all-in-one solar street light is equipped with an LED module that’s supposed to be designed with a durable aluminum heat sink at the back to enhance ventilation. The LED itself may vary according to its size and wattage. lo Bat Wing + Spread Light Lens isc As packaged with the LED module is a batwing lighting system. This helps spread the light from the LED and effectively eliminates hot spots to further deliver uniformity of lighting. It also helps provide better illumination and lighting effect. D Durable Die Aluminum Casting for its Housing To sustain the high performance capability of all-in-one solar street lights, they are provided with a high precision, CNC produced aluminum housing. This helps improve the LED thermal heat Layout maps of the street lighting along Amina Salim Street and Masanga Road can be seen on Figures 2.10 and 2.11. 30 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) py Co re su lo isc D Figure 2.10: Amalemba Settlement - Proposed All-in-One Solar Street Lighting Layouts 31 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) py Co re su lo Figure 2.11: Mjini Settlement (Masanga Road and Link to Deliverance Church) - Proposed All-in-One Solar Street Lighting Layouts isc D 32 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.5.4 30M High Mast Flood Lighting High-mast lighting is a tall pole with light fittings attached to the top pointing towards the ground at an angle to increase the effective illuminated area. They are usually used for general area flood lighting and road flood lighting at interchanges where navigational tasks are difficult. The proposed high mast pole is 30 M (98 ft) high. The light fittings are mounted on a circular ring mounted a distance of 30M on the pole with nine number independent L.E.D lighting fittings mounted around the ring. Some high mast units have the lighting surrounded by a circular shield to prevent or reduce light pollution or light trespass from affecting neighborhoods adjacent to the highway. The high mast units must be provided with a lightning arrester and aircraft warning light mounted on the highest point of the high mast pole. The pole must also be provided with earthing using a copper earth electrode driven in the ground and solidly connected to the steel pole using a copper earth y continuity conductor. The lightning arrester should be grounded using the copper earth electrode. p Maintenance of these systems is done by lowering the luminaire ring from the mast head to the base Co using a winch and motor to the ground or at a height accessible by the maintenance technician using a ladder or cherry picker and located in areas to allow for easier access without disrupting traffic. The proposed 30M high mast flood lighting system was designed to use 9No. 400W L.E.D area floodlights mounted on a circular ring. The calculated effective illuminated area is 95M radius (190M re diameter) from the high mast footing. From the calculation results, the calculated lighting levels were 7.95 Lux against the recommended ≥7.50 Lux for general circulation areas at outdoor workplaces. su The figure 2.12 below depict the capacity and the spread of the proposed flood lighting. lo isc D Figure 2.12: False Colour Rendering One of the proposed high mast flood light will be located in Amalemba informal settlement on X- coordinates 695429.675 and Y-Coordinates 29932.169. The layout for the High Mast that will be located in Amalemba informal settlement is as shown in figure 2.13. 33 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Figure 2.13: Amalemba 1No. 30M High Mast Layouts Co Another high mast is proposed to illuminate Shibale informal settlement. Specifically, the proposed high mast location will be X-coordinates 665209.886 and Y-coordinates 40441.2697. re su lo isc D Figure 2.14: Shibale 1No. 30M High Mast Layout 2.5.5 Climate Resilience and Adoption for Electrical Component 2.5.5.1 LED lights are more energy efficient than traditional lighting With LEDs, 95% of energy is converted into light and only 5% is wasted as heat. The main reason why LED lights are more energy efficient than ordinary bulbs is that they work using the electrons passing through a semiconductor and don’t have a filament that wears out over time. This helps to explain why LEDs are cooler than standard incandescent bulbs and why they lose less of their energy to heat. Installing LED flood lights helps to significantly reduce electricity bills, something we all ought to be striving to do in light of the current rising energy costs. 34 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.5.5.2 LED lights have a longer lifespan LED lights are designed to last considerably longer than traditional bulbs, and this has a positive eco- friendly effect on the environment. So, when you choose to go down the LED lighting route, you won’t have to worry about constantly having to go out and purchase new replacement bulbs thanks to their additional lifespan. Having to purchase fewer light bulbs will have a positive environmental knock-on effect. Lower demand from consumers for bulbs should result in lower bulb production, ultimately causing fewer ungreen resources to go into things like packaging and product transportation. 2.5.5.3 LED lights do not contain harmful toxic chemicals LEDs lights are non-toxic and do not contain hazardous chemicals that can cause harm to the natural environment and human health. On the other hand, fluorescent bulbs contain mercury which is a harmful toxic pollutant when it’s released into the atmosphere. Inhaling mercury can harm the body’s y lungs, kidneys, and nervous system. p So, not only are LED lights better for the environment, but business owners and families also don’t have to worry about putting staff or fellow family members at risk from exposure to harmful chemicals Co when installing LEDs. The fact that LED lights are eco-friendly and without toxic chemicals is one of the reasons why there is a mass move towards using them across the board. 2.5.5.4 LEDs have a much smaller carbon footprint The total amount of carbon dioxide released into the atmosphere as a result of human activities is called re a carbon footprint. LEDs contain vastly lower quantities of greenhouse gas emissions than traditional incandescent or fluorescent light bulbs. So, businesses, organisations, and individuals can all reduce their su carbon footprint by using LED lights. We can all do more to lead a more sustainable lifestyle and chip in to help combat climate change. Recycling as much as you can plays a big role in reducing your carbon footprint. LED bulbs are 100% lo recyclable, so they don’t end up rotting away in a landfill site. 2.5.5.5 LED lights help promote plant growth isc Biologists and plant experts firmly agree that LED lighting is an ideal artificial lighting solution for promoting plant growth. Plants prefer blue and red grow lights to reach their full growth potential and fortunately you can get LED lights in a range of colours, not just white. D Indoor plants and gardens are en vogue these days, especially since many people spent the lockdowns during the pandemic working remotely from homes without access to a sizeable outdoor garden space. Indoor plants need all the quality artificial light they can get since they have limited access to light compared to if they were outdoors and taking in natural sunlight. 2.5.5.6 LED lights lose less heat to the environment LED lights lose a really minimal level of heat to the environment compared with other types of lights. This is due to the fact that they have such a high light conversion efficacy. Incandescent bulbs with wired filaments give off the most heat given that they are the least energy efficient. In contrast, LED lights are able to stay relatively cool to touch and therefore are more energy efficient. This is why LEDs are able to last 25 times longer than traditional bulbs, amounting to a lifetime of more than 3 years if they run for 24 hours a day, seven days a week. All of this means that 35 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) they are around 6 to 7 times more energy efficient than conventional incandescent bulbs, cutting energy use by up to 80%. 2.6 Water and Sewerage Component Water supply in Shibale settlement is mainly via public water points. The settlement has five public water kiosks owned by KACWASCO and managed through the delegated operated model. The water kiosks is supplied via an offtake from the 200mm HDPE Mayani transmission mains which sources it water from the 4000m3 EKERO tank. Shibale settlement was vibrant economically when Mumias sugar was at it peak. With the collapse of Mumias Sugar Company, the settlement population have been greatly affect due to lack of income generating ventures. Whereas KACWASCO has an elaborate network to supply water to the residents via individual connections, the challenge has been the ability to pay. The settlement has several inactive water meters y with the residents preferring the public points and shallow wells. There are several water kiosks run by KACWASCO but they are not sufficient leading some residents to turn their houses into water kiosks p and contaminated shallow wells Co re su lo isc D Figure 2.15: Shallow well in Shibale 36 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co Figure 2.16: Private ‘home based’ water kiosk re This brings to a majority of the residents paying high rates for water since the private water point rates are not regulated. The water from the shallow well is of poor quality and most contaminated due to su the fact that the residents depend on pit latrines leading to contamination of groundwater. With the above situation, Public water points have been proposed. The public water points proposed are water Kiosks and public yard taps. The choice of Yard taps was informed by the fact that there lo are few public areas that can conveniently serve the residents. Yard taps can easily be sited on road reserves. isc Population Analysis The settlement is located in Mumias town which had a population of 41,942 as per the 2019 census. The Mumias Municipality covers an approximate area of 5km. This translates to a population density D of the settlement which settles on a 0.8 km2 area has an estimated population of 6,711. With the project filling the gaps left by KACWASCO The project will serve an estimated population of 3,355. Proposed Intervention on Shibale Water Supply To reduce the distance travelled to get water from the existing water Kiosks, additional public water points were proposed. The proposed works in Shibale are-:  Water kiosks – 2 No  Public tap yards – 20 No  Individual connections -50 No 37 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co re Figure 2.17: Proposed water supply intervention at Shibale settlement su Proposed intervention Mjini water supply The proposed intervention under KISIP 2 project is to provide a reticulation system to connect 100 individual household connections to the existing water supply sytem. lo isc D 38 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co re Figure 2.18: Proposed water supply intervention at Mjini settlement 2.6.1 Sewerage su Upon engagement with the stakeholder, the sewerage system component in Kakamega County shall be undertaken in two settlements, Amalemba and Kambi Somali. The two settlements are in lo Kakamega Municipality. Sewerage services in the Kakamega are under Kakamega County Water and Sanitation Company Limited; (KACWASCO) which has been licenced as a Water Service Provider by Lake Victoria North Water Services Board (LVNWSB). isc Kakamega town Sanitation System comprises a Sewer Network covering the Town area and adjacent residential areas and 2nr Sewage Treatment Works. The sewage treatment works are-;  D Shirere Sewage Treatment Works - a Waste Stabilization Pond System of 3nr ponds with a design capacity of 525m3/day (Dry Weather Flow). This is the main Treatment Works in Kakamega Town.  Kambi Somali Sewage Treatment Works - a Waste Stabilization Pond System of 2nr ponds serving a small part of Kakamega Town (site and service scheme near Kambi Somali area). Kambi Somali is served by the Kambi Somali sewege teratment works while Amalemba is served by Shirere sewege treatment works. Status of Kambi Somali Sewerage Kambi Somali Informal Settlement is located in Shieywe Location, Bukhungu Sub location within Lurambi Sub County within Kakamega Township 500m west of the Central Business District (CBD). The settlement is approximately 3.06 Hectares of land and is located on a public land owned by Kakamega County. Kambi Somali has 387 people based on census survey conducted in June 2016 39 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) with a density of 126 per Hectare. The female population is 52.3% while male forms 47.7% . It houses approximately 161 households with average household size of 2.4. Kambi Somali estate has no formal sewerage from KACWASCO. The area has been experiencing rapid growth in population and settlement due to its proximity to town center. There exist a 110mm diameter which was initially serving one plot but has over the years been the main sewer line for the settlement. The 110mm sewer line is too small and cannot transmit the flows generated. The area is synonymous with overflowing and blocking manholes leading to sewer overflows leading to serious environmental pollution and health hazards. p y Co re su lo isc Figure 2.19: Overflowing Manhole in Kambi Somali D 40 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co Figure 2.20: Leaking Manhole in Kambi Somali re Proposed Intervention in Kambi Somali Settlement The main intervention in Kambi Somali is to replace the existing from the upstream of magharib su muslim women community center to the Nabonga sewer Ponds. lo isc D Figure 2.21: Proposed Layout plan for Kambi Somali Sewer System 41 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The proposed sewer route will serve the whole settlement. The decommissioning of the existing sewer line which had been an eye sore due to its perennial spillage of sewer into the settlement will also greatly improve the environmental welfare of the settlement. 20 connection boxes have also been proposed for the settlement. The proposed interventions will directly benefit the 387 residents with sewerage services in Kambi Somali. p y Co re Figure 2.22: Layout plan for the sewer improvement in Kambi Somali su Status of Sewarage connectivity in Amalemba Settlement Amalemba informal settlement is a settlement located in Kakamega town, Shirere Ward,Shinyalu Sub- lo County of Kakamega County. The informal urban settlement spans a 35 ha (0.35 km2) portion of land between Amalemba Primary, Orthodox Church, Joy Supermarket and Taqwa Jamia Mosque. With a population of approximately 2500, the settlement is characterized by informality isc ranging from tenure insecurity, lack of adequate infrastructure, poor sanitation, poor housing conditions, and poverty among others. The settlement has two main sewer Lines, a DN 250mm secondary line running along Mosque road D and connecting to a 350mm trunk along airport road. There are two laterals serving the settlement close to the Kakamega highway. Manholes in the settlement have missing covers resulting in dumping of solid waste into the sewer lines, causing blockages. Collapsed sections of sewer also common in the area Proposed Sewer Intervention in Amalemba With the available budget, several lateral lines have been proposed and also a parallel secondary sewer along mosque road to relieve pressure on the existing 250mm sewer line. 42 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) p y Co Figure 2.23: Proposed sewer intervention in Amalemba Settlement The sewerage project covers an area of 0.07Km2. This translates to a population of 700 residents. re 2.7 Construction Materials A number of Construction materials have been identified for the project. These includes, Aggregates, su Sand, Gravel and Fill materials. These shall be sourced from locally available materials sources especially existing Commercial sources. Where new sources are identified by the Contractor, Specific ESIA reports and NEMA Licenses shall be sort before commencement of extraction of these materials lo guided by the EMCA (EIA/EA) Regulations, 2003. Other Construction materials such as Bitumen, Steel, Pipes, Tanks and Electrical components shall be isc sourced both locally and imported. The project intends to extract construction water from nearby rivers such as River Isiukhu, a tributary of River Nzoia. The relevant water abstraction permits will be applied for before abstraction commences. D 2.8 Labour Requirements The Contractors will have to employ various Personnel to fulfill the labour requirements. They will include but not limited to;  Site Agent  Deputy Site Agent  Earthworks Foreman  Concrete Foreman  Bitumen Expert  Crusher Plant Technician  Electrical Foreman 43 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Plumbers  Surveyors  Pant Operators  Mechanics  Drivers  Unskilled Laborers 2.9 Materials and Equipment Storage/Laydown Areas Material and Equipment storage shall be done in specific areas and approved by the ESMP Team and the Resident Engineer. 2.10 Project Implementation Schedule The time period required for the project is 12 months for supervision of works and 12 months for y Defects Notification Period of the works and 1 months for preparation of Final Completion report. p The envisaged Project Schedule is as follows: Co  Construction Supervision & Works Commissioning 12 months  Defects Liability Period Inspections 12 months  Final Completion Report 1 month 2.11 Project Cost Estimates re The table below summarizes the project cost; Table 2.9: Summarized project cost su Table 2.9: Proposed project cost No. CONTRACT PACKAGE SETTLEMENTS COVERED ESTIMATED AMOUNT lo (KSH) K-1 Roadworks contract Amalemba & Kambi Somali package 1: Kakamega Town 73,756,827.36 isc K-2 Roadworks contract Shibale & Mjini package 2: Mumias Town 85,152,258.25 K-3 Roadworks contract Lukoye package 3: Mumias Town 60,635,381.00 D K-4 Water and sanitation Amalemba/Kambi/Somali/Mjini/Shibale contract - 1 No. 35,830,165.93 K-5 Electrical works contract - 1 Amalemba/Shibale/Mjini No. 26,269,417.83 SUB-TOTAL OF THE ESTIMATED AMOUNTS (Including VAT) 281,644,050.36 TOTAL ALLOCATION FOR KAKAMEGA COUNTY 283,581,679.00 VARIANCE (TOTAL ALLOCATION - TOTAL ESTIMATES) 1,937,628.64 44 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 2.12 Project Beneficiaries The people living in informal settlements will be the immediate beneficiaries of the project with improved drainage structures, roads and lighting. Traders within the settlements will have a more sanitary environment within which to conduct their trade. Road safety features will contribute towards reducing road traffic incidents. Selected roads that link settlements will improve general trade and access to social amenities such as health centers, educational institutions, markets among others. Educational institutions such as St Joseph’s school and Shibale Primary school shall significantly benefit from reduced amounts of dust impacting the students when vehicles use the roads. 2.13 Institutional Framework for Implementation of KISIP Implementation of the project will involve a three-tier institutional arrangement (National, County and Community). Both the National and County Project Coordination Teams (PTCs) will have dedicated y Safeguards Teams to address safeguard issues. The community through the Settlement Executive p Committees (SECs) and Grievance Redress Committees (GRCs) will be enabled to participate in the preparation of mitigation plans, implementation and monitoring as well as grievance redress. The below Co figure 2.23 shows the institutional framework for KISIP. re su lo isc D 45 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) py Co re su lo isc D Figure 2.24: KISIP Institutional Structure 46 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 3. ANALYSIS OF PROJECT ALTERNATIVES 3.1 Alternative Design and Technology 3.1.1 Solar Powered High Mast Vs Grid Powered High Mast The Working Principle of Integrated Solar Street Light: When the sun rises and the temperature in the area increases, the sensor tells the LED lamp to switch off. As the temperature further rises, it prompts the solar panel to begin harnessing the sun’s energy. The energy harnessed will then be stored in the battery. To prevent the battery from overcharging, a smart charge controller will disconnect the battery from the solar panel whenever it’s fully charged. During the night, the LED light is prompted to switch on. Unlike a normal solar street light that just stays lit the whole night, an all-in-one solar street light does more than that; it has PIR human body induction Function, can realize the infrared induction control light work mode of the intelligent human y body at night, 100% bright when there are people, and automatically change to 30% (default) of the p brightness after a certain delay when there is no one, which saves more energy intelligently. At the same time, solar energy, as a kind of "inexhaustible" safe, environmentally friendly new energy, has played an Co important role in integrated solar street lights. The Benefits of Using All-In-One (Integrated) Solar Powered Street Light. a) Ultra-thin, Lightweight and Fully Assembled for Easy Maintenance and Installation: With its ultra slim body and lightweight attachments, the All-in-One Solar Street light can be easily maintained during its re lifetime. It also allows for an easy and hassle-free installation which can only last for 5 to 15 minutes per unit. b) No Trenching and Earthworks Needed: There’s no need for earthworks and trenching as what is normally su done in normal street lights. Thus you can potentially save a lot of time and money. c) Zero Energy Costs with High Lighting Efficiency: An All-in-one solar street light LED lamp can provide up to 200 lumen/watt lighting efficiency. You can save almost 80% of energy as compared with lo traditional street lights. And since solar street lights are also off-grid, it leads to zero cost for operation and electricity bills are eliminated. isc d) Economical Construction with Maximized Protection from Theft and Vandalism: An All-in-one solar street light incorporates a GPS (Global Positioning System) inside of the integrated solar street lights. With this system, we can see the location of the lamp at any time. If the solar street lights were stolen, we can track the lamp very easily. This solution work very well for highways or somewhere no people D around. e) Renewable energy: Unlike coal and oil, which have finite supplies that need to be mined, solar energy is renewable. Importantly, renewable energy is receiving the official recognition it deserves, with many governments adopting policies to support solar projects. In the future, more and more electric lights will be replaced by solar lights. f) Long Life Span: The integrated solar street light has a long-life span of 10 years. It uses the world's first lithium battery management and control technology. Compared with some ordinary battery products that need to be replaced in two years, the future after-sales service and component replacement costs for integrated solar street lights can be greatly reduced. Usually, there is no need to replace the battery or maintenance within 8 years, even when it needs to be replaced after 8 years. Due to the unique product structure design, users can complete the replacement in just a few minutes. 47 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 3.1.2 Cabro road surface Vs Asphalt Road Surface There was a proposal to have cabro road surfaces as opposed to the asphalt road surfaces within the informal settlements for the following reasons; a) Faster to implement as the process for constructing asphalt roads requires a series of steps that take longer b) Road can still be actively used by the settlements residents since closing the roads within informal settlements can result in significant traffic concerns. On assessing both options, the asphalt road surface was settled on due to its longevity in comparison. Cabro was however selected for the footpaths in the selected sites. Given the limited space, after limiting the road corridor to the already limited public land, having a cabro walkway constructed was considered due to its; y a) Ease in construction which makes its construction faster to allow its use especially in the informal set-up p b) Ease in manipulation as its construction can continue even with high foot traffic within the proposed project locations. 3.2 c) Co Ease in its maintenance with quick replacement of the cabro blocks whenever necessary. Individual consumer water supply connections re According to the Water Act, 2016, provision of sewerage services is the responsibility of Water Services Regulatory Board (WSRB). The Act, however, allows the WSRBs to subcontract Water Service Providers (WSPs) through Service Provision Agreements to do the actual service delivery, while the su boards remain responsible for the development of the water and sewerage used by WSPs. While significant development has been achieved in the development of the main trunk mains, minimal lo investments have been done in the last mile connectivity. This has led to most residents in the project area to use public water points as there source of water and onsite disposal methods for their sanitation needs. isc To ride on the available infrastucture to uplift the living standards of the residents in the project area; individual connections to the public mains have been proposed. However, in some areas due to the socioeconomic dynamics, a number of public water points have been proposed. They have been D designed in such a manner that the distance the residents go to fetch water is as minimal as possible. 3.2.1 Benefits of Individual water consumer connections  Convenience of 24 hour access.  Higher water quality.  Customer satisfaction is generally high with this level of service.  Increased water quantity allows for improved health and hygiene.  Households have strong incentives to maintain their water-supply infrastructure. 3.2.2 Benefits of household public sewer system to onsite waste disposal Connecting to the sanitary sewer benefits not only property owners, but improves the environmental and public health as well. 48 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Water Protection - Improved protection of drinking and surface water.  Nitrate Control - Improperly treated sewage can also lead to increased nitrates in local water supplies, which is dangerous for infants, pregnant women and those with already compromised immune systems.  Reduced Diseases - Reduced risks to public health from diseases such as hepatitis or dysentery.  Reduced Insects - Fewer disease-carrying mosquitoes and flies. 3.2.3 The Benefits of Using HDPE Pipes The proposed water and sewerage system has proposed High-density polyethylene (HDPE) for the transmission. The main advantages of HDPE to the other pipe material such as Steel pipes, uPVC pipes and concrete pipes are; Eco-friendly Option y HDPE pipe fittings are recognized for their minimal impact on the environment. For instance, it takes p less energy to manufacture HDPE pipes than their non-plastic counterparts. HDPE pipe is lightweight, making it more cost-effective to transport than metal pipes. Additionally, HDPE pipe manufacturing Co does not emit hazardous levels of toxins into the air during production or welding. Acu-Tech HDPE pipes are the right choice; they are durable, versatile and compatible with technology like poly electrofusion fittings, poly compression fittings and clamp saddles, ensuring seamless joints and high- integrity systems. The pipe’s smooth internal surface gives it a high flow and pressure capacity, enabling it to facilitate fluid transfer without the risks of obstruction or breakage. re Corrosion Resistance High-density polyethylene (HDPE) pipes are effective for the large scale transfer of liquids given that su they can withstand high amounts of pressure and are unaffected by rust due to their thermoplastic quality. Unlike traditional metal pipe fittings, HDPE pipes do not rust, corrode or rot. PE pipes are also lo resistant to biological growth, eliminating the costly problems associated with corrosion and fouling. Extended Service Life isc Additionally, the lifespan of high-density plastic pipes is longer than metal pipes – which only last from 20 to 50 years. The service life of polyethylene pipe and fittings is estimated to be between 50 to 100 years depending on design, installation and application. Fatigue Resistance D HDPE pipes are ductile and flexible, not rigid. This means they have outstanding resistance to fatigue. PE100 poly pipes are designed and pressure-rated to handle the usual and recurring surges that are common in water distribution systems. Leak-free Joints Traditional metal piping systems are joined with mechanical type joints or with a bell and spigot. These come with specified leakage factors that waste precious resources. Meanwhile, HDPE piping systems can be joined using heat fusion. Heat fusion involves the heating of two HDPE pipe surfaces at a specific pressure, and then allowing the PE pipe to cool, producing monolithic, permanent and leak-free pipe joints. 49 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 3.3 Selection of Sanitation/Sewerage Technology There area wide range of sanitation technologies available for managing domestic wastewater and excreta. In addition, designing a sanitation chain means using a series of complementary components, the organization and combination which will vary according to the physical context, user demand and the level of treatment required. The criterion for selection of the wastewater treatment system involves determination of service levels of water supply, ground permeability, and ground water table, nature of development area, population density and ground slope. Formulation of a sanitation master plan begins with identification of an appropriate Sanitation system, categorized as either on-site or off-site treatment facilities. Second step is to define the type of sanitation technology to be applied to the adopted system. y 3.3.1Sanitation System On-site sanitation systems are technologies that enable wastewater storage within a plot. Storage can be p combined with pre-treatment (septic tank). Co The choice between connecting wastewater to a trunk sewer or using a septic tank depends on several factors, such as the location, cost, environmental impact, and the community preference. On-site sanitation systems such as septic tanks are most commonly used as private drainage facilities. They are step up from a cesspool, which can only store waste and must be emptied regularly, in that re they are able to partly process and discharge some of the sewage collected. Whilst also installed underground, septic tanks, be they single or multi-chamber designs, utilize good ol' gravity to separate the liquid waste from the solid waste. They are a fairly low-cost option since they require less su infrastructure and energy as compared to a sewer system. Population Density: On site waste disposal options require adequate space within the lot for their lo installation and thus work well in rural and low-density areas to medium density urban areas. Most informal settlements have utilized most of their available land spaces in buildings and where a settlement is not densely populated the construction of a single septic tank to serve the population lacks economic isc feasibility as it involves a lot of infrastructure. On the other hand a single septic tank provision for each household would prove not feasible. Cost and maintenance: On-site systems, maintain a constant unit household cost irrespective of the density D of settlement. Utilizing single units of septic tanks has proved far more costly than all forms of pipe networks which have demonstrated marked reductions in unit household costs as density of the settlement increases as the same length of pipework serves an increased number of houses. Septic tanks also involve constant desludging during their operation, a practice not so much entertained by the persons residing there. Environmental impact: Septics systems are environmentally friendly when properly maintained and also prove to be important in conserving the local water supply as they return the effluent to the ground therefore replenishing the groundwater. However, this option also comes with some drawbacks, such as higher initial installation costs, regular maintenance and pumping requirements, and potential health and environmental risks if the system malfunctions or leaks. Under new NEMA regulations, septic tanks can only discharge into a soakway or drainage field and thus can’t discharge directly into a watercourse. Soakaways/drainage fields must also comply with building regulations, BS 6297; 50 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Must not be too close to any buildings, boundaries or watercourses;  Must be away from electrical cables or pipework;  Must not be part of a road, driveway or other areas trafficked by vehicles;  Must have passed a series of tests to ensure the soil is suitable for drainage and there’s no risk of contamination to watercourses. Connecting wastewater to a trunk sewer is usually more convenient and reliable for properties that are located in urban or suburban areas, where the public sewer system is already established and accessible. The informal settlements in context lie in areas with easy access to the main trunk sewers. This option eliminates the need for individual maintenance and responsibility for the wastewater treatment, as the local government handles this. However, this option also comes with some disadvantages, such as monthly fees for the service, potential system failures or overflows that can affect a large number of properties. The local governments’ maintenance practices have proved capable of handling most issues y that may arise along the sewer lines and so preventing system failures and leakages. p 3.4 Last Mile Water Connectivity System Water kiosks and household tap connections are two different ways of providing access to safe and reliable water supply for urban residents especially in low-income areas. 3.4.1Water Kiosks Co Water kiosks are outlets where formal water providers deliver water at affordable prices to customers re who bring their own containers. They typically have four taps on the outside and faucets inside, operated by a kiosk attendant. They usually receive treated water from utilities through a piped distribution network. Where water supply in the network is intermittent, kiosks sometimes also have a water storage su tank. Advantages of Water Kiosks are: lo  They can provide water to a large number of residents in urban low-income areas, where individual connections may not be feasible or affordable.  They can offer lower prices than vendors or resale by neighbours, who may charge high mark- isc ups for water delivery.  They can ensure higher water quality than private point sources or rainwater harvesting, which may be contaminated or unreliable.  They can reduce the time and effort required for fetching water, especially for women and D children, who often bear this burden. Disadvantages of water kiosks are:  They may not be available 24 hours a day, depending on the opening hours and the reliability of the network supply.  They may not provide enough water for domestic needs, such as bathing, laundry, or gardening, as customers are limited by the size and number of their containers.  They may not offer enough privacy or convenience for customers, who have to queue and share taps with others.  They may require regular maintenance and supervision by the kiosk attendant, who may also be susceptible to corruption or mismanagement. 51 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 3.4.2 Household Tap Connections Household tap connections are pipes that deliver water directly to the premises of a single household or a shared compound. They can be either in-house connections (tap inside the house) or yard taps (tap outside the house). They also receive treated water from utilities through a piped distribution network. They may have meters to measure and charge for the water consumption, or they may have flat rates or subsidies. Advantages of household tap connections are:  They can provide convenience and privacy for customers, who can access water anytime and anywhere within their premises.  They can increase water quantity and quality for domestic use, which can improve health and hygiene outcomes.  They can increase customer satisfaction and willingness to pay for water services, which can enhance revenue and sustainability for utilities. y  They can encourage water conservation and efficiency, if metering and realistic pricing are used. p Disadvantages of household tap connections are: Co  They may be too costly or difficult to install for low-income households, who may need financing or subsidies to afford them.  They may consume more energy and resources for the centralized treatment plant, which may have environmental impacts.  They may require waste-water disposal facilities, such as septic tanks or sewers, which may also re entail additional costs and challenges.  They may be affected by system failures or overflows that can disrupt service or cause health hazards. su The consultant has proposed utilization of both methods of connectivity dependent on the nature of the settlement and needs of the target community. lo 3.5 Alternative Sites Alternative locations of the project components were selected in collaboration with the SEC isc members. The basis of the location of these sites were; a) To minimize as much as possible the number of project affected persons (PAPs) by limiting the roads and drainage structure, electrical component and the water and D sanitation component to the existing road corridor. b) To ensure that the proposed project site serves a majority of people within the informal settlement. c) Ensure that for proposed roads projects, the proposed location ensured that it connects to other asphalt roads or major roads within the proposed settlement. d) Check that, as much as possible, the proposed roads projects connects public institutions such as schools to the major roads. e) Check that the water supply projects supplement the Last-Mile water supply projects within the project area. f) Check that the water supply projects connect to a many persons as possible. g) Consider improving the existing sewer lines within the settlements as opposed to having new sewer lines. This reduces the release of toxic wastes and related 52 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) greenhouse gases into the atmosphere while improving the general sanitation in the informal settlements. 3.6 The No Project Option Currently, the informal settlements have significant infrastructural challenges in terms of high amount of dust that is generated from the movement of motorized and high number of non- motorized transport. Further, in some settlements, significant concerns of poor drainage and sanitation challenges are experienced which only get worse with the onset of rains. One of the more significant concerns within the informal settlement is insecurity at night, with mentions from the community of muggings, and violence. The concern is that without the implementation of the project and its components, these situations will continue to be the same. The do nothing option is the least preferred from the socio-economic, cultural, and partly environmental perspective due to the following factors: y  The socio-economic status of the beneficiaries and the residents in the project area of the p  Project area would remain unchanged; Co  The local skills would remain under-utilized as no employment opportunities will be  created for some residents who would have otherwise worked at the project areas;  Reduced local interaction and business development due to lack of these infrastructure;  Further soil erosion and environmental deterioration due to lack of proper drainages; re This option requires that the situation remains as it is, meaning that the status quo in the settlement remains. The benefits that the project implementation would have will be foregone. su Short term negative impacts due the construction phase will however not be felt by the community. Given that the negative impacts are short term, implementation of the project which has longer term positive impacts, the Consultant recommends that the NO -Project lo alternative is not most ideal. isc D 53 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4. REVIEW OF POLICY AND LEGISLATIVE FRAMEWORK THAT HAS IMPLICATIONS FOR THE PROPOSED KISIP PROJECT This section was developed guided by the principles of environmental and social management. The Employer is expected under the law and best practice to consider and exercise all the principles and tenets of environmental management. These principles are discussed below; 4.1 Principles of Environmental and Social Management 4.1.1 The principle of sustainability The principle of sustainability requires that natural resources should be utilized in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations. It strives for equity in the allocation of the benefits of development and decries short-term resource exploitation which does not consider y the long-term costs of such exploitation. To reduce the negative impacts on the availability and sustainability of the materials, the Employer p will only order what will be required through accurate budgeting and estimation of actual construction Co requirements. This will ensure that materials are not extracted in excessive quantities. Moreover, the Employer will ensure that wastage, damage, or loss (through run-off, wind, etc.) of materials at the borrow site is kept minimal, as these would lead to additional demand for and extraction or purchase of materials. This will lead to a reduction in the number of raw materials extracted from natural resources as well as reducing impacts at the extraction sites. The extraction of materials will be done re according to Integrated National Land Use Guidelines (INLUG). 4.1.2 The principle of intergenerational equity su The principle of sustainability should be examined together with that of intergenerational equity, which focuses on future generations as rightful beneficiaries of environmental protection. Essentially, the principle of intergenerational equity advocates fairness, so that present generations do not leave lo future generations worse off by the choices they make today regarding development. Its implementation requires the utilization of natural resources sustainably while avoiding irreversible isc environmental damage. The contractor will ensure sustainability of the borrow site and extraction activities do not exploit natural resources. D 4.1.3 The principle of prevention The principle of prevention states that; “protection of the environment is best achieved by preventing environmental harm rather than depending on remedies or compensation for such harm after it has occurred”. The reasoning behind this principle is that prevention is less costly than allowing environmental damage to occur and then putting into place mitigation measures. 4.1.4 Precautionary principle The precautionary principle recognizes the limitations of science, as it is not always able to accurately predict the likely environmental impacts of resource utilization. It calls for precaution in the making of environmental decisions where there is scientific uncertainty. Accordingly, it is closely related to the principle of prevention and can be viewed as the application to the principle, where the scientific understanding of a specific environmental threat is not complete. The precautionary principle thus 54 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) requires that all reasonable measures must be taken to prevent the possible disastrous environmental consequences of development activities. Furthermore, it demands that scientific uncertainty should not be used as a reason for not taking cost-effective measures to prevent environmental harm. 4.1.5 Polluter pays principle The polluter pays principle requires that polluters of natural resources should bear the full environmental and social costs of their activities. It seeks to internalize environmental externalities by ensuring that the full environmental and social costs of resource utilization are reflected in the ultimate market price for the products of such utilization. Since environmentally harmful products will tend to cost more, this principle promotes efficient and sustainable resource allocation as consumers are likely to prefer the cheaper and less polluting substitutes of such products. The contractor will put in place measures in the ESMP to reduce pollution, restoring the environmental degradation from the material sites y 4.1.6 Principle of public participation p The principle of public participation seeks to ensure environmental democracy and requires that the Co public, especially local communities should participate in the environment and development decisions that affect their lives. It requires that the public should have appropriate access to information concerning the environment that is held by public authorities and should be allowed to participate in decision-making processes. Public participation will help understand the perception of the local community by gathering re information about their perceived positive and negative impacts of the project. This will help the contractor find the most appropriate mitigation measures that are relevant and suitable for the negative su aspects 4.1.7 National Environmental and Social Policy Framework lo The Table 4.1 below outlines the National and environmental social policy framework and their relevance to the proposed project. isc D 55 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 4.1: National and environmental social policy framework Policy Policy Brief Relevance to the project Kenya Vision The Vision is to be achieved through 3 economic This report has been developed in a bid to 2030 pillars: - Economic, social and political pillar. The conserve the environment of the informal overall goal pertaining to environmental settlements, and has assessed various conservation are captured under the social Pillar supporting components of the project such as and are aimed at making Kenya a clean, secure and Gender youth and vulnerable groups, sustainable nation. Some of the strategies to be environment water and sanitation, health and employed are: population urbanization and housing Promoting environmental conservation in support enshrined in the Kenya Vision 2030 of the economic pillar and also so as to achieve the MDGs;  Improving on pollution control and waste management through implementation of economic instruments y  Providing access to water and sanitation for all by 2030; p  The project components are anchoring on the Co Urban Water Supply Sub Program under Environment, Water and Sanitation;  Installation of physical and social infrastructure in slums and informal settlements in selected urban areas The Third The National Agenda's Third Medium-Term Plan The proposed projects support the MTP’s re Medium Term (MTP III) for the years 2018 to 2022 includes this agenda which includes implementation Plan (MTP III) as one of its development objectives; Vision 2030, upgrading of infrastructure in the informal 2018-2022 the Big Four Agenda, and the Africa Agenda 2063 settlements enhancing access to utilities su are among them. By the end of the Plan period, the projects and in wholesome improving the MTP III aims to move the economy toward a high socio-economic status of the communities in growth trajectory with an economic growth rate of the settlements. lo 10%. MTP III's theme is "Transforming Lives": Promoting socioeconomic progress through the "Big Four." The MTP III builds on the progress isc that has been made in important parts of the economy, like finishing projects started in MTP II, like roads. In addition to raising investment levels, MTP III aims to boost economic productivity across the board. MTP III aims to make structural D changes that will increase the economy's share of the manufacturing, industrial, and exporting sectors. The Micro, Small, and Medium Enterprises (MSME) sector of Kenya's economy is prioritized in MTP III, and it outlines strategies to encourage its expansion. Enhancing and developing the foundations for economic transformation as well as enablers like infrastructure, reforms to the public sector, science, technology, and innovation, and information and communication technology (ICT) are prioritized in MTP III. National This policy sets out important provisions relating to The Policy guides that the project ensures Environment sustainable use of environment and natural public participation is undertaken effectively Policy, 2014 resources. It articulates the guiding principles in the and the identification of resources to develop implementation of the policy which should include: and implement the project are to be done 56 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project Environmental rights of Kenyans; the right to sustainably. It also emphasizes the right of development; Ecosystem approach, total economic Kenyans to development, community value, sustainable resource use; equity, public empowerment, good governance and participation, subsidiarity (decentralization and international cooperation. devolution of authority to lower levels); the need to apply the precautionary principles, polluter pays, Section 5.6 of this Session Paper focusses on benefit sharing; community empowerment, good infrastructure development and environment governance and international cooperation. and makes explicit policy statements to ensure sustainable management and use of the environment and natural resources during the construction and operation of infrastructure developments including roads. These policy statements require the commitment of the Government to: y  Ensure Strategic Environmental Assessment (SEA), Environmental Impact Assessment p (EIA), Social Impact Assessment (SIA) and Public Participation in the planning and Co approval of infrastructural projects;  Develop and implement an environmentally- friendly national infrastructural development strategy and action plan; and  Ensure that periodic Environmental Audits are re carried out for all infrastructural projects The National The Government of Kenya developed its first The Action Plan guides on the legal and Environmental National Environment Action Plan (NEAP) in institutional framework which the Employer is su Action Plan 1994. The NEAP report addresses environmental guided by in the development, operation and (NEAP) 2009- issues from various sectors in an integrated manner decommissioning of every component of the 2013 and their significance in development planning. It proposed project. proposed a strategy for achieving sustainable lo development in line with Kenya’s quest to meet the Sustainable Development Goals (SDGs), Vision 2030 and Medium-Term Plan (MTP). The report isc brings out several proposed interventions, legal and institutional framework to be incorporated into sectoral development plans and programs. Its implementation is monitored through the Annual D State of the Environment Reporting 57 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project National The purpose of the National Climate Change Due to the nature of activities carried out Climate Framework Policy is to facilitate a coordinated, during the construction phase, the contractor Change coherent, and efficient response to the will be required to implement measures that Framework opportunities and challenges posed by climate will protect the environment in terms of Policy 2014 change on a global, regional, and local level. To emissions at the local level. The policy could ensure that climate change considerations are also be implemented by adopting the use of incorporated into development planning, environmentally sustainable and locally budgeting, and implementation across all sectors appropriate technology. and government levels, an overall mainstreaming strategy has been adopted. As a result, the goal of this policy is to promote a low-carbon development path while also enhancing adaptive capacity and building resilience to climate change and variability. Kenya's The government, the community, and other The contractor should ensure that measures to y National stakeholders' preparedness for Disaster Risk safeguard against and reduce disasters, risk and Policy for Reduction activities is emphasized in the policy. By environmental destruction during the p Disaster establishing and strengthening Disaster development process, are implemented. This Management, Management institutions, partnerships, networking, will include enforcing clear operating 2009 Co and mainstream Disaster Risk Reduction during the development process, the policy aims to strengthen the resilience of vulnerable groups to potential disasters. The Ministry of State for Special Programs in the Office of the President will procedures at the worksites to prevent risks and also maintaining machinery to reduce the rate of emissions into the atmosphere that will influence the alteration of the air quality. Additionally, after the project activities, a re coordinate Disaster Risk Reduction initiatives decommissioning plan will be implemented to within a unified policy framework in a proactive rehabilitate and restore any material sites manner at all levels. contractor shall open. su Disasters typically fall into two broad categories: Natural and man-made in the following ways: 1. Natural: fires in the Bush, epidemics that affect humans and animals, pests that damage crops, lo forests, and livestock, Droughts, floods, landslides, cyclones, storm surges, coastal erosion, earthquakes, and invasive plants are examples of isc geologic and climatic disasters. 2. Human-made: Accidents at work, fires, accidents in the transportation system, civil, resource-based, and political conflicts, crumbling infrastructure, D food poisoning, invasive plants, drug and substance abuse, human trafficking, industrial sabotage, environmental degradation, and other new disasters. In addition to the natural climate variability that has been observed over comparable time periods, climate change is a change in the climate that is attributed directly or indirectly to human activity (particularly carbon-emitting industries, fossil fuels, and deforestation) that alters the composition of the global atmosphere. 58 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project The National The goals of the plan include The development of the project is aligned to Biodiversity 1. Mainstreaming biodiversity conservation and the goals of the NBSAP through sustainable Strategy Action sustainable use into decision making process across working within the roads corridors and Plan 2019-2030 all sectors to address underlying biodiversity loss wayleaves. The Employer will continuously be 2. Reduce direct pressures on biodiversity and guided to, as far as reasonably possible, protect maintain their capacity to provide goods, services biodiversity through avoiding the cutting of and support livelihoods trees, re-planting trees that had to be cut down, 3. Safeguard ecosystems, species and genetic and develop a monitoring plan to manage the diversity including, agro- biodiversity to improve trees re-planted even after project completion. the status of biodiversity. 4. Promote and enhance fair and equitable sharing of benefits accruing from utilization of biodiversity and ecosystem services. 5. Strengthen participatory planning, knowledge y base and capacity building for biodiversity conservation. p 6. Mobilize financial, technological and human resources. National Occupational Safety and Health Policy, 2012 development and implementation of the National Occupation Safety and Health systems and programs to reduce incidences of work related accidents. Co The aim of the policy is to continuously sustain the The Employer will continuously guide the contractor to comply to the requirement of this policy through adopting sustainable health and safety practices that hold the health and well- being of the workers with high integrity. re Sessional The policy provides a framework to address and This policy guides the project towards proper Paper No.3 on define key measures required to address the critical land use planning, conflict management, Land Policy issues of land administration and access to land, caution on environmental degradation, and su 2009 land use planning, restitution of historical injustices, ensuring that the legal, institutional and environmental degradation, conflicts, unplanned informational are updated. proliferation of informal settlements, outdated legal lo framework, institutional framework and information management. Key highlights of the policy are:  isc Recognizes the importance of security of land tenure for all Kenyans;  Classifies all land in Kenya as public, private or community;  Provides for the enactment of a Land Act to govern D all land in Kenya replacing previous statutes;  Gives recognition and protection to customary rights to land;  Protects private land rights and provides for derivative rights from all categories of land holdings. Defines community land as land lawfully held, managed and used by a given community; 59 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project National Among other targets this Policy aims at: The project should ensure that all natural Wetlands Regulating, protecting, managing and conserving all wetlands are held sacred. Sources of Conservation wetlands construction water should be managed and Ensuring appropriate wetlands management plans sustainable in order to allow for recharge, Management are developed and implemented through a protection of the source infrastructure, and Policy (Draft) participatory approach equitable sharing with the community. 2013 Support the restoration, rehabilitation and management of wetlands National This policy ensures the relevant ministries and Guides the project to explore other fuel Energy and organizations address environmental problems sources other than wood fuel, and allows for Petroleum associated with energy. incentives for private sector's participation in Policy (Draft), Recommends the need to have alternatives to wood conversion of waste to energy initiatives. 2015 fuel; provision of incentives for private sector participation in conversion of waste to energy y initiatives to reduce overreliance on Biomass energy; promotion of alternative sources of energy p and technologies such as LPG, biogas and solar as substitutes for biomass among others. Co Sessional Some of the principles employed in this policy are: The Employer will, as much as reasonably Paper No. 3 of Equitable access to land for subsistence, possible, ensure that the project is not on 2009 on commercial productivity, settlement, and the need privately owned land. However, in the event National Land to achieve a sustainable balance between these uses; private or community land will be impacted, policy 2007 Secure land rights, sustainable management of land the Employer stands guided on sustainable and effective development regulation of land management of land, effective development, re development. security of land rights. Defines land as public, private and community. It further provides for the titling of community lands. su In addition, the government will hold in trust forests, national parks and water catchment areas in trust for the people of Kenya; lo Sessional The sessional paper adopted in 2021 on the As one of the components of the project is Paper No. 01 of National water policy guides on management of water supply within the informal settlement, 2021 on water as a resource and promote inclusive and the Employer will engage the community in isc National Water integrated approach in managing water resource. It exploring sustainable water harvesting and Policy promotes water harvesting and storage to meet the storage practices to substitute the water being high water demand, and promote the progressive supplied. Water from construction will be used realization of human rights towards universal access sustainably so as not to deprive the community D to and equitable access to water. The sessional of water for their daily use. Any additional paper also establishes the prioritization of water source that will be explored will consider progressive and equitable realization of sewerage the community needs and seek ways to and non-sewer sanitation services. Other efficiently and equitably close the need gap as components of the document guide on; far as reasonably possible. Gender mainstreaming in managing water resource Mainstreaming Climate change and disaster risks reduction equity for vulnerable persons and youth in the water sector 60 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project National Sanitation and the environment The Employer is guided to ensure that the Environmental Protection of the environment from pollution and project does not pollute the environment and Sanitation its negative effect on human health any accidental pollution is to be promptly and Hygiene Ensuring use of technologies that uphold the right addressed. As part of community capacity Policy (2007) of present and future generations to a healthy and building, the Employer will raise the (GOK, 2007a) pollution-free environment. community awareness on hygiene and Ensuring the use of sanitation systems that are sanitation through training, initiating environmentally sound; community clean-up exercises jointly with the Preventing environmental pollution from liquid and community and implement pollution solid waste; prevention structures at all stages of the project Increasing environmental sanitation awareness life-cycle. across the country National Developed to address issues of deteriorating Participatory approach to the upgrading of the Housing housing conditions and also bridging the shortfall in informal settlement was done during the initial y Policy for housing stock especially in urban areas. it aims and subsequent environmental and social Kenya include: assessment of the project. p Sessional  Enhancing access to housing, basic services and Paper No. 3 infrastructure especially for the poor towards Co improved living conditions mostly in urban areas  Promoting integrated, participatory approaches to slum upgrading including livelihood activities that combat poverty  Harmonizing existing laws governing urban re development and electric power to facilitate more cost-effective housing development  Facilitating increased investment by the formal and su informal private sector, in the production of housing for low and middle-income urban residents National Promotes the systematic development of water Sustainable waste management practices need Policy on facilities in all sectors while recognizing wastewater to be employed during project development in lo Water as a by-product of this process. This policy guides order to align to this policy. Further, as part of Resources for the development of appropriate sanitation capacity building, community participation in Management systems to protect people's health and water waste and wastewater management can be isc and resources from institutional pollution. Pollution enshrined into the social management plan to Development from any business development activities should be guide local business owners in sustainable (1999) accompanied by corresponding waste management waste management for a clean environment. systems to handle the wastewater and other wastes D emanating. Session Paper Guides the attainment of efficient road sector that Selected roads and roads' infrastructures ought No. 5 on the supports and promotes economic growth through to align to this policy. Section 5.1.1 states that Development the cost effective provision and maintenance of the road development will be focused on and infrastructure that is necessary for safe and reliable improving accessibility, increasing the variety Management road transport. and quality of urban and rural transport and of the Road improving accessibility for the development of Sub-Sector for key economic sectors. Sustainable Section 5.1.5 states that the government ought Economic to take measures that will, among others, Growth, 2006 improve junction, improve carriageway capacity in order to improve traffic congestion un urban areas. This is in line with the purpose of the project under development. 61 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project Gender Policy, This Policy Framework aims at mainstreaming The overall objective of the Gender and 2011 gender concerns in the national development development is to facilitate the need s and process in order to improve the social, legal/civic, concerns of both, men and women in all areas economic and cultural conditions of women, men, in the development process in the country. girls and boys in Kenya. The policy provides This policy calls for awareness of direction for setting priorities to ensure that all mainstreaming gender and gender concerns ministerial strategies and their performance during the pre-operational, operational and frameworks integrate gender equality objectives and decommissioning phases of the proposed indicators and identify actions for tackling project. With awareness of gender concerns inequality. In addition, each program will develop and issues in the society the ESIA is able to integrated gender equality strategies at the initiative identify impacts and develop mitigation to level in priority areas. Within selected interventions, ensure gender mainstreaming in all aspects of the policy will also scale-up specific initiatives to the project and reporting, strategies to ensure advance gender equality. inclusivity and retention of those considered y vulnerable in the community. p Kenya The overarching objective of this policy was to In adherence to this policy, the contactor National Social provide social protection so that every Kenyan can should guarantee safety of his labour force to Co Protection live in dignity and use their human abilities for their ensure no injuries at work that may affect their Policy 2011 own social and economic development. This is in line post-employment life and those of their with the provisions of the Kenyan Constitution of dependents. Additionally, measures to 2010's comprehensive Bill of Rights, which includes safeguard the community’s cultural and social Article 43, which guarantees all Kenyans their ESC setting during the operational phase should be (economic, social and cultural) rights "The right for taken seriously by the proponent’s team and re every person to social security and binds the State to any other outsiders provide appropriate social security to persons who are unable to support themselves and their su dependents" is the claim made in the article. The right to healthcare, the right to human dignity, the right to reasonable working conditions, and the right lo to access to justice are all closely related to this right. The overarching policy objective is as follows in order to achieve this: isc Protecting individuals and households from the impact of adverse shocks to their consumption that is capable of pushing them into poverty or into deeper poverty; Supporting individuals and households to manage D these shocks in ways that do not trap them in poverty by reducing their exclusion and strengthening their ability to graduate from social assistance and to become financially self-sufficient; Cushioning workers and their dependents from the consequences of income threatening risks such as sickness, poor health, and injuries at work as well as from the threat of poverty in their post-employment life; Promoting key investments in human capital and physical assets by poor and non-poor households and individuals that will ensure their resilience in the medium-term and that will break the intergenerational cycle of poverty; and 62 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project Promoting synergies and integration among social protection providers as well as positive interactions among stakeholders for the optimal functioning of this Policy. HIV/AIDS The policy identifies HIV/AIDS as a global crisis Due to the workers who will be involved policy 2009 that constitutes one of the most formidable during the operational and decommissioning challenges to development and social progress. The stage of the borrow site, spread of HIV/AIDS Pandemic heavily affects the Kenyan economy and STIs has been identified as one of the through loss of skilled and experienced manpower adverse impacts. The borrow pit site isolated due to deaths, loss of man hours due to prolonged from the community settlements and might illnesses, absenteeism, reduced performance, provide an avenue for SGBV and possible high increased stress, stigma, discrimination and loss of infections. The contractor will engage institutional memories, among others. Specifically, HIV/AIDS service provider who will conduct the policy aims at: awareness and sensitization for behavioral y Setting Minimum Internal Requirements (MIR) for change in mitigation of spread of HIV/AIDS. managing HIV and AIDS: p Establishing and promoting programs to ensure non-discrimination and non-stigmatization of the Co infected; Contributing to national efforts to minimize the spread and mitigate against the impact of HIV and AIDS; Ensuring adequate allocation of resources to HIV re and AIDS interventions; Guiding human resource managers and employees on their rights and obligations regarding HIV and su AIDS National According to Chapter 4, Article 45 of the Kenyan The proponent ought to take steps to Policy on Constitution, the family is the natural and guarantee the utmost respect for family life and Family fundamental unit of society, the essential the operational structures of the community lo Promotion and foundation of social order, and ought to be during the operational phase of the project. Protection protected by the state. In addition, it states that This will not be indulging part in anything that Draft, 2019 every adult has the right to marry someone of a the community thinks are inappropriate or that isc different sex if both parties freely consent. Parties goes against societal norms are entitled to equal rights at the time of marriage, during the marriage, and at the time of the marriage's dissolution, as stated in Article 45(3) of D the Constitution. In addition to the Constitution, there are a number of national laws that pertain to the family as a whole as well as specific members of the family and the issues that affect them. The National Family Policy on Promotion and Protection will provide a comprehensive and coherent framework for the implementation and evaluation of programs and policies designed to instill a sense of family support and protection in individuals. As a result, the family will be able to effectively contribute to the country's development. It is anticipated that this Policy will make it easier to create a setting that will make it easier for families to improve and support the socioeconomic empowerment, care, and protection of individuals 63 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Policy Policy Brief Relevance to the project and members who are vulnerable. The primary goals of this policy are as follows:  Improve programs that encourage families with disabled members and other vulnerable members of the family to participate fully in society;  Strengthen families' capacities for establishing social interactions that foster a sense of community, cohesiveness, and national unity;  Give families and their members the ability to identify, negotiate, and take full advantage of the country's socioeconomic and other opportunities for sustainable development;  Enhance families' capacities to care for, nurture, y and support one another so that members of those families can effectively contribute to the p overall development of the country  To encourage the transmission of social norms, Co taboos, and knowledge among generations, all policies, strategies, programs, and projects should incorporate mainstream interventions that support and safeguard families.  Conduct periodic research-based research re monitoring and evaluations of the family's state su 4.2 National Environment and Social Legal Framework Further to the policies, legal statutes guide on the development of projects within the confines of the law to ensure that the project aligns with the Constitution of Kenya that protects the rights of every lo Kenyan. This section outlines specific guidelines that the project should align with during project development, implementation, operation and implementation. isc Table 4.2: National Environment and Social Legal Framework Act Brief Relevance to the project Constitution of Devolves governance to County governments. The project development process and its D Kenya 2010 (Functions devolved include forestry, Fisheries, components will ensure that the right or waste management, soil and water conservation) all Kenyans to a clean environment as is enshrined in the Constitution. Other Article 42 under the Bill of Rights entitles Kenyans project development details such as public to a clean and healthy environment. It also confers participation, rights of Kenyans to land upon all Kenyans which also includes the right to security have been considered in the have the environment protected for the benefit of development of the report and equally in present and future generations; the project design. Contains provisions on Land and Environment in Chapter 5 and indicates that land will be guided by the Principles of equitable access to land, security of land rights, sustainable and productive management, and sound conservation and protection of ecologically sensitive areas among others; Public participation in the management, protection 64 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project and conservation of environment; State shall eliminate processes and activities that are likely to endanger the environment; Article 70 gives every Kenyan a duty to cooperate with state organs and other persons to protect, conserve the environment and ensure ecologically sustainable development and use of natural resources. The Kenya Roads The Act guides that no structures and other works Several roads represent components of Act, 2007 (revised shall be constructed on, over or below roads. The this project. Since the roads are existing in 2012) Kenya Roads Authority may permit or refuse to there should be coordination between the give permission to; Client, Consultant, Contractor and the (a) erect, construct or lay, or establish any structure Kenya Roads authority in order to receive or other thing, on or over or below the surface of a permission to conduct any works on these y road reserve or land in a building restricted area; roads. (b) make any structural alteration or addition to a p structure or that other thing situated on or over, or below the surface of a road or road reserve or land in a building restriction Co area; (c) give permission for erecting, constructing, laying or establishing, any structure or that other thing on or over, or below the surface of, a road or road reserve or land in a building restriction area, or for or re any structural alteration or addition to any structure or other thing so situated. Traffic Act (Cap This Act consolidates the law relating to traffic on During the implementation of the project, su 403, revised in the roads. Section 69 of this Act makes it the duty the project will coordinate with the police 2012) of the police: to manage traffic flow within the informal settlements. Traffic marshals will be to regulate all traffic and to keep order and prevent lo trained to guide traffic during project obstruction in all roads, parking places and other implementation in order to alleviate the places of public resort; and risk of significant traffic congestion. to divert traffic temporarily, or to restrict or close isc and deny public access to any road, parking place or other place of public resort, where any emergency or any assembly or other event appear to render advisable such a course. D Section 70 of this Act further makes it a requirement for the relevant authority to install road signs on or near a road including road traffic signs prescribing speed limits on the road. Climate Change The Act aims to reduce vulnerability to climate The Act guides the Employer in the Act, 2016 change and improve our country’s ability to take identification of appropriate Climate advantage of the opportunities that climate change Change mitigation strategies into the offers. It guides that every sector of the economy project design and implementation shall mainstream Climate Change responses into the process through the use of sustainable development planning, decision making and energy consumption practices, waste implementation, mainstream and reinforce climate management practices and promote change disaster risk reductions strategies into afforestation activities. actions in public and private entities and 65 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project mainstream intergenerational and gender equity in all aspects of Climate Change responses. Environmental Establishes NEMA as an Authority that should As an overarching Act to the management Management and exercise general supervision and coordination over of the environment within the country, the Coordination Act all matters relating to the environment and to be the EMCA establishes guidelines for the (EMCA), 1999 principal instrument of Government in the protection of the various components of (Amended, 2015) implementation of all policies relating to the the environment within which the environment. components of the project will be Entitles every person in Kenya to a clean and developed. healthy environment, but also confers responsibility The amendment of the Act guides for the on them to safeguard and enhance the environment. inclusion of the County Environmental Other key principles that should guide Committees (CECs) in managing environmental management and decision making environmental affairs at county level. It contained in this Act include: public participation, y further directs that complaints on the polluter pays principle, the precautionary environmental management be directed to principle and the subsidiarity principle. p the National Environmental Complaints EMCA liberalizes locus standi and empowers any Committee that was established under this person who alleges the entitlement has been, is Co Act. Matters relating to the environment being contravened or is likely to be, to bring an will be addressed by the Environment and action in the High Court. Land Court. The Act further provides for the protection and conservation of rivers and wetlands, lakes, forests, hill tops, mountains, environmentally significant re areas (ESA), the coastal zone, ozone layer, biological diversity (in-Situ and ex situ). Environmental Impact Assessment (EIA) as well as su the Strategic Assessment Processes are provided for as a mechanism of reconciling development with environmental protection before policies, programs and projects are implemented. lo Additionally, the Act provides for the development of regulations that would help actualize it. The following are the key Regulations that have been isc gazette since then. Environmental Management and Co-ordination (Environmental Impact Assessment and Audit) Regulations, 2003 D Environmental Management and Co-ordination (Water Quality) Regulations, 2006 Environmental Management and Co-ordination (Fossil Fuel Emission Control) Regulations, 2006 Environmental Management and Co-ordination (Waste Management Regulations, 2006), Environmental Management and Co- ordination (Controlled Substances) Regulations, 2007 The Environmental management and coordination (Noise and Excessive vibration (Pollution Control) Regulation, 2008; Environmental Management and Co-ordination (Conservation of Biological Diversity and 66 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 (L.N. No. 160 of 2006); Air Quality Regulations, 2008; Fossil fuels Emissions Control Regulations; The principle Act was amended in 2015 to align it to the constitution, 2010 Provides for the formation County Environmental Committees whose obligations are: management of the environment affairs at the County level by developing county environment strategic action plan every five years and any additional functions prescribed under the Act or as assigned by governor by notice in the gazette Provides for the establishment of the National y Environmental Complaints Committee replacing the Public Complains Committee and its functions p are: to investigate allegations or complaints related to the environment: prepare annual reports on the Co state of the environment and undertake public interest litigation on behalf of the citizens in environmental matters. The Act directs that the Matters relating to the environment are to be addressed by the re Environment and Land court that is established under the Environment and Land Court Act. EMCA Subsidiary Regulations su Noise and excessive Guides on excessive noise and vibration analysis Heavy machinery, high influx of laborers vibration and and monitoring. Defines excessive vibration as and increased number of motorized pollution control vibration that is of such intensity, duration, transport contribute to the increased noise lo regulations 2009 frequency or character as to annoy, disturb, or levels within the project area. As much as cause or tend to cause adverse psychological or the project area is already disturbed, the physiological effects on persons, or to damages proponent should continuously adhere to isc or tend to damage personal or real property; and the permissible noise levels during the day exceeds 0.5 centimeters per second beyond any and at night. source property boundary or 30 meters from any moving source. D The First Schedule also guides on permissible noise levels at night and during the day within different areas including mixed residential areas. Air quality The objective of these Regulations is to provide for A number of vehicles and heavy regulations 2014 the prevention, control and abatement of air machinery will be introduced into the pollution to ensure clean and healthy ambient air. project area that will impact the ambient No person shall cause the ambient air quality levels air quality through vehicle emissions and specified in the First Schedule of these Regulations dust raising within the project area. The to be exceeded. project stands guided by this Act on managing air quality. A person, being an owner of premises, who causes or allows the generation, from any source, of any odour which unreasonably interferes, or is likely to unreasonably interfere, with any other person's 67 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project lawful use or enjoyment of his property shall ensure that the odour emission limits comply with the ambient quality limits set out under the First Schedule. The Act also guides on hazardous air emissions, and emissions from vehicles. Water Resources The Act guides water users on the various Temporary abstraction of water for Regulations, 2021 permissible uses of water and attaches penalties to construction requires a permit from the the improper use, or pollution of water. It also Water Resources Authority. Any sand guides on the application of water abstraction or harvesting activities that may be employed other permits and limits of such permits. by the project equally requires approval by Section 15 states that any water use applicant shall the Authority. The permit may be sourced submit to the Authority a map showing the water from the Regional WRA office. y body, the location of the works, supply area, location of all authorizations or permits currently For ground water permits, the application p held by the applicant which are relevant to the is to be accompanied with payment for application and any other relevant details as may be physical chemical analysis. Co required by the Authority. A technical report may be required if the application falls under category B. Waste Management The Waste Management Regulations are basically The regulations will be critical during the Regulations, 2006 aimed at streamlining the handling, transportation construction phase of the project when re and disposal of various types of wastes. The broad various wastes will be generated. Since goal of the regulations is to protect human health, there will be both ordinary and hazardous wildlife and the environment. (used oil and hydraulic fluid) wastes su generated, the Contractor will be expected to engage a NEMA registered/approved waste collection firm to manage the transportation and disposal of waste. lo The Contractor will follow the Waste Management Plan to carry out segregation, isc storage, transportation and disposal of waste at all the operational areas (Camp, Workshop area and Construction site) Environmental The Environmental (Impact Assessment and Audit) The proposed project must comply with D Impact Assessment Regulations provides ESIA process for preparation the requirements of the regulations that / Environmental of the EIA Project or Study Reports that have to be also include conducting regular Audit Regulations submitted NEMA for review and issuance of EIA monitoring and annual audits. The project Amendment 2019 License. The regulations provide details on the requires an EIA license from NEMA aspects to be evaluated and ESMPs and Monitoring before commencement of any activity. plans to be prepared. It also clarifies a project’s risk The project hence is categorized as a Categorization (Low Risk, Medium Risk and High Medium-Risk Project (Rehabilitation of Risk) existing roads in urban areas and supply and distribution of water) Wetlands, River The Environmental Management and Co- Sources of water identified for Bank, lakeshore , ordination (Wetlands, River Banks, Lake Shores and construction are the natural rivers such sea shore Sea Shore Management) Regulations, 2009 applies and Lake Victoria whose shores and river regulations 2009 68 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project to all wetlands in Kenya whether occurring in banks are to be protected as guided by this private or public land. Act. The objectives of the regulations are to provide for the conservation and sustainable use of wetlands and their resources. EMCA (Fossil Fuel The EMCA (Fossil Fuel Emission Control) This regulation is applicable to the Emission Control) Regulations, 2006 aims at eliminating or reducing proposed project since there would be use Regulations, 2006 emissions emitted from internal combustion engines of vehicles, machinery and equipment that to acceptable levels. The regulation provides depend on fossil fuel as their source of guidelines on use of clean fuels, use of catalysts and energy. The requirements of the regulation inspection procedures for engines and generators must be implemented to eliminate or reduce air quality degradation. Sections of the regulation citing the standards of y recommended emission levels will be given to the contractor and or pinned at p strategic points in the contractor’s field offices EMCA (Conservation Biological Diversity and Resources, Access to Genetic of Co The EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 provides that no person shall engage in any activity that may have an adverse impact on any ecosystem; may lead to the The proposed projects may material sources may impact on natural resources that need to be protected as guided under this Act. re introduction of any exotic species or to Resources and unsustainable use of natural resources, without an Benefit Sharing) Environmental Impact Assessment License issued Regulations, 2006 su by the Authority under the Act. Other legal requirements lo Sustainable Waste The Act guides on the sustainable management of The Employer is required to adhere to the Management Act, wastes at the county level. The general principles of principles of this Act with the premise that 2022 the Act include the precautionary principle, polluter in case the project activities result in the isc pay principle, promoting the right to a clean and pollution of the environment, the healthy environment, payment for ecological Employer or the contractor will be services, zero wastes principles and achieving required to pay. Reduction, recycling and sustainable development goals re-use of wastes are encouraged guided by D this Act. Land Act Provides details about administration of land in Section 10 guides on the use of public land (Amended) 2019 Kenya; that will be used in the implementation of Assigns responsibility to NLC to take actions that the project components. maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected areas. Assigns responsibility to NLC to identify ecologically sensitive areas that are within public lands and demarcate or take any other justified action to prevent environmental degradation and climate change. 69 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project The Land Section 3 guides the on factors that are considered As much as the Employer does not intend (Assessment of Just in the allocation of compensation of land or to damage any currently existing property, Compensation) property affected by the project. Market value of the this guidelines direct on assessment of just Rules, 2017 - LN land and property, damage sustained or likely to be compensation in the event damage to 283 of 2017 sustained, reasonable relocation expenses, and property occurs. genuine cases of diminished value of land due to the project or development. Urban Areas and Section 36 pf the Act guides that every city and The project design and implementation is Cities Act, 2011 municipality established under the Act will align guided by this act in terms of its alignment with the framework of integrated development to the Kakamega county integrated planning which guides the basis for provision of development plans. Components of the physical and social infrastructure and project such as the provision of Water, transportation, disaster preparedness and response, electricity and solid waste management overall service delivery (provision of water, should, in this case, equally align to the y electricity, health, telecommunications and SWM) Integrated development plan. p It also provides for the promotion and development The development will provide essential of informal commercial activities in an orderly and services such as roads and water supply Co sustainable manner. Urban planning process shall and public participation should be a key be followed for every settlement with at least 2000 component during the life-cycle of the people. project. This law describes the criteria for classifying urban areas and cities i.e. the requirements for conferment re of city, municipal and town status. It provides for the establishment of Boards of Cities and Municipalities, development of integrated su management plans and citizen participation rights in development programs. The ability of urban areas to provide essential services and infrastructure has also been emphasized as a requirement lo including roads, street lighting, parking, markets, solid waste management facilities and disaster management facilities e.g. fires stations. isc Environment and It gives effect to Article 162(2)(b) of the The court shall here and determine Land Court Act No. Constitution; to establish a superior court to hear disputes; 19 of 2012 and determine disputes relating to the environment (a) relating to environmental planning and and the use and occupation of, and title to, land, and protection, climate issues, land use D to make provision for its jurisdiction functions and planning, title, tenure, boundaries, rates, powers. rents, valuations, mining, minerals and This shall be an important institution in case of other natural resources; grievances with regard to impacts/displacement (b) relating to compulsory acquisition of that cannot be solved through the project grievance land; redress system. (c) relating to land administration and management; (d) relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and (e) any other dispute relating to environment and land. 70 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project County Section 113 of the Act makes public participation in The County Government of Kakamega is Government Act, County planning processes compulsory; guided to ensure that the public 2012 Planning at county level should protect and develop participatory process is made compulsory. natural resources in a manner that aligns national And to ensure that the project is and county government policies; integrated, coordinated for alignment with Ensure harmony between national, county and the County Integrated Development Plan. sub-county spatial planning requirements County government cannot appropriate public funds outside the planning framework (CIDP). The planning process will take into consideration social, economic, environmental, physical and spatial planning. County plans shall also be binding for all sub counties for development activities. y The County planning authorities shall be responsible for integrating; coordination and p ensuring there is integrated development planning at the County level as well as ensuring there are The Governmental Inter- adequate engaged in the planning process. As far as planning, policy development and Co linkages between the County and national planning frameworks; and ensuring that the citizenry is implementation are concerned, the Act provides This Act guides for the cooperation between the different arms of government re Relations Act, 2012 that cooperation and consultation between the in planning, development and National Government and the County Government implementation of all policies. shall be undertaken through the National and su County Government Coordinating Summit (NCGCS) comprising the President and 47 County Governors. The Council of County Governors lo (CCG) is also established under the Act as a forum for consultation amongst County Governments on matters of common interest and dispute resolution isc Energy Act, 2019 The provisions of this Act apply to every person or Establishes that the penalty for the person body of persons importing, exporting, generating, who carries out any electricity undertaking transmitting, distributing, supplying or using without a license commits an offence and electrical energy; shall, on conviction, be liable to a fine of D Establishes the Energy Regulatory Commission not less than one million shillings or to a (ERC). One of the objects of ERC is to regulate the term of imprisonment not less than one production, distribution, supply and use of year or to both such fine and renewable energy. imprisonment. The Act further give the Minister powers to promote the development and use of renewable energy technologies through mechanisms such as: - Formulation of national strategy for conducting research in renewable technologies; - Provision of an enabling environment for efficient and sustainable production and distribution and marketing of various sources of renewable energy including biomass 71 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project Physical and Land It provides for the preparation and implementation The Inception of the project under study Use Planning (2019) of physical development plans at County level and was under the National development regional plans. plans aimed at improving the Informal These plans should be in harmony with settlements within the country. The environmental considerations, and the Director of project equally should align with the Physical Planning has powers to declare special county Physical and Land Use plans. planning areas; Has provisions for reservation and maintenance of all land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical development plan; With regard to development application, Act provides the undertaking of EIA for projects deemed to cause harm to the environment to be y submitted together with the application. p Water Act, 2016 The Act establishes the following important The Employer shall develop a sustainable institutions: The waste water management plan that Co Water Resources Authority (WRA) whose prevents the discharge of effluents into functions include: water bodies. Pollution through surface - Development of principles, guidelines and runoff, and wastes deposited into procedures for the allocation of water resources; underground or surface water bodies will monitor and assess from time to time the national be prevented in accordance with this Act. water resources management strategy; re - To receive and determine applications for permits for water use; to regulate and protect water resources quality su from adverse impacts; manage and protect water catchments; to gather and maintain information on water resources lo and from time to time publish forecasts, projections and information on water resources - The Water Act Rules make provision for isc discharges in a number of respects, as follows: Effluent shall not be returned to any body of water unless it has been purified. Further, it must not contain poisonous or injurious matter or excess silt, gravel or boulders, D this therefore enhances the conservation of the aquatic life. A permit is required for any of the following purposes:- (a) any use of water from a water resource, except as provided by section 37; - the drainage of any swamp or other land; - the discharge of a pollutant into any water resource; and - any other purpose, to be carried out in or in relation to a water resource, which is prescribed by Regulations made under this Act to be a purpose for which a permit is required. 72 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project The Occupational Main purpose of this Act is to provide for the safety, For all workplace health and safety Health and Safety health and guidance, this Act guides the Employer on Act, 2007 (Revised, welfare of workers and all persons lawfully present managing health and safety at the 2012) at workplaces and also for the establishments of workplace. The Act assigns Health and the National Council for Occupation Safety and Safety responsibilities to the different Health. Its goals include: groups of persons within the workplace, Securing a safe and healthy working environment; guides on equipment safety, welfare, Setting standards in regards to safety and health at inspection and maintenance, competency work places of inspectors, and offences and penalties under the Act. Developing safety and health conscious culture at work places Encouraging incidents, accidents and injuries at work places y Employers are obligated to ensure the safety, health and welfare of p all employees and persons at their work place including provision of PPE. Persons and employees Co at a workplace are obliged to ensure that their acts or omissions do not compromise the safety and health by complying with the provided safety and health procedures, requirements and instructions The Public Health A law concerned with the protection of public The Employer, will guide the contractor to re Act (Cap 242) health laying down the rules for, among other ensure that as far as reasonably possible, (Revised Edition things, protection of public water supplies, measures that prevent the spread of 2012) prevention and destruction of mosquitoes and the infectious diseases by ensuring the highest su abatement of nuisances including those arising from standards on hygiene and sanitation, sewerage. It also provides for the establishment of destruction of infected bedding where the Central Board of Health and District Health possible, setting up isolation rooms for Management Boards while also defining the employees suspected of having infectious lo functions of various health authorities. It also diseases, sanitizing breeding grounds for defines the duty of local authorities towards rats, mosquitoes, tsetse flies and any other protection of water supplies. animal known to carry spread infections. isc All diseases as listed on the section 17 (2)(A) - Infectious diseases declared to be notifiable diseases - shall be reported accordingly to the health department as D guided. Destruction of any animals and/or animal breeding grounds should be done using only approved chemicals under rule 14(G)(I) of the Public health (tents and Caravan Sites) Rules, 1960 Health Act, 2017 Section 68 of the Act guides on the implementation The Employer will guide the contractor to of health systems that promote health and counters develop programs that promote a healthy influences that have negative impact on the health lifestyle while countering excessive of the people including consumption of alcohol and other 1. Interventions to reduce the burden imposed on substances. The contractor will be guided the people by communicable diseases to ensure that the employees receive 2. Interventions to promote healthy lifestyle such as emergency treatment whenever the need countering excessive alcohol consumption, and the arises as guided by this Act. adulteration of such products 73 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project 3. General health education to the public 4. Comprehensive program to advance reproductive health such as effective family planning services and adolescent and youth sexual and reproductive health. The Act also provides for the protection of the mental health of the people by emphasizing on the protection of the rights of persons suffering from any mental disorder or condition. HIV and AIDS This is an Act of Parliament to provide measures The contractor will engage a HIV/AIDS Prevention and for the prevention, management and control of sub-consultant who will implement the Control Act, 2006 HIV and AIDS, to provide for the protection and HIV/AIDS awareness management plan promotion of public health and the appropriate in mitigation of the spread of HIV/AIDS. y treatment, counselling, support, and care of persons infected or at risk of HIV and AIDS infection, and p for connected purposes Co The Sexual This Act protects the community members and The contractor will developed mitigation Offences Act, 2006 employees from sexual gender base violence. This measures to ensure that project workers Act ensures safety for women, children and do not harm the community members and employees from any sexual offenses including rape, fellow employees through signing of the defilement, and indecent acts. code of conduct re The National National Gender Equality Commission is a The Employer will ensure that the Gender and constitutional Commission established by an Act of contractor mainstreams gender in all Equality Act, 2011 Parliament in August 2011, as a successor activities including inclusion of women to su commission to the Kenya National Human Rights be wired in the project works. and Equality Commission under Article 59 of the Constitution. NGEC derives its mandate from Articles 27, 43, and Chapter Fifteen of the lo Constitution; and Section 8 of NGEC Act (Cap. 15) of 2011, with the objectives of promoting gender equality and freedom from discrimination. isc The Children Act, This Act protects the welfare of children within the The contractor will adopt the child 2022 Country. The Act identifies Children as people protection strategy throughout the project below 18 years old and protects them from implementation. The project will not exploitation. Section 10, protects the child from: engage any persons below the age of 18 D Economic exploitation. Any work that interferes with his/ her education or harms the child’s health or physical, mental, spiritual, moral, or social development. Persons with This act protects the rights of people with This Act will ensure that persons with Disability Act, CAP disabilities ensuring they are not marginalized and disabilities are included in vital decision- 133 that they enjoy all the necessities of life without making processes as well as for any discrimination. The act guarantees that: opportunities available in the project i. No person shall deny a person with disability throughout all phases of the proposed access to opportunities for suitable employment. project. ii. A qualified employee with a disability shall be subject to the same terms and conditions of employment and the same compensation, 74 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project privileges, benefits, fringe benefits, incentives, or allowances as qualified able-bodied employees. iii. An employee with a disability shall be entitled to exemption from tax on all income accruing from his employment. National The Act guides on the functions of the authority The Employer, guided by this Act will Construction which include to promote and stimulate the ensure that the contractor to be identified Authority Act, 2011 development, improvement and expansion of the and awarded the contract to implement construction industry, promote and ensure quality the project is duly registered as a assurance in the construction industry, enforce contractor under this Act. prescribed building code in the construction industry, accredit and register contractors and regulate their professional undertakings, develop and publish a code of conduct for the construction y industries among others. No person will trade as a business unless the person is registered by the board p under this Act Co Work Injury The Work Injury Compensation Benefit Act 2007 It will be important for the Employer of Benefits Act, 2007 provides a guideline for compensating employees the proposed project to ensure that all for work-related injuries and diseases contracted workers contracted during the project during employment. The Act also requires the implementation phase are provided with provision of compulsory insurance for all appropriate insurance covers so that they employees. The Act defines an employee as any can be compensated in case they get re worker on a contract of service with an employer. injured while working. Wildlife The Act establishes the Community Wildlife Pollution prevention measures will be su Conservation and Conservation Committees that, among other duties, enshrined into the Contractor's Management Act, bring together relevant stakeholders to harness Environmental and Social management 2013 participation in conservation and management Plan as guided by this Act. In the event the programs of wildlife. The Act further guides on the Employer plants trees as part of the lo conservation, protection and management of the project, the identification of the tree environment shall be in conformity with the species will be such that they are not in provisions of the Environmental Management and contravention of this Act isc Coordination Act, 1999. It also prohibits any activity that is likely to have adverse impact on the environment including the seepage of toxic wastes into streams, rivers, lakes and wetlands. D Land Value The Act considers that compensation due to The Act guides the development and (Amendment) Act, - involuntary resettlement should be just, done effective implementation of the 2019 promptly and in full prior to the start of the project. resettlement action plan prior to the Further, the Act guides that the affected land be development of the project. mapped out and valued by the commission as is guided by the valuation criteria, outlining the purpose of the acquisition, the general location, description and approximate area. The Act also guides that the persons whose parcels of land will be affected should be notified on the day the acquisition will take place to avoid the persons being rendered homeless. 75 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Act Brief Relevance to the project The Valuers Act – The Valuers Act establishes the Valuers The Employer should ensure that the 1985 Registration Board, which regulates the activities requirements of this Act are adhered to and practice of registered valuers. The RAPs to be before the project is implemented prepared in response to the impacts on structures and livelihoods should make use of the services of a registered valuer (who is approved by the Board) who undertook asset valuation for the purpose of facilitation. The Penal Code The Penal Code (Cap. 63) chapter on “Offences The Employer will ensure that all CAP 63 against Health and Conveniences” strictly prohibits emissions are controlled during the life- the release of foul air into the environment, which cycle of the project in order to avoid affects the health of other persons. Any person who impacting the health of the community voluntarily violates the atmosphere at any place, to members and the workers. make it noxious to the health of persons in general y dwelling or carrying out business in the neighborhood or passing along public ways is guilty p of a misdemeanor and shall be subjected to imprisonment not exceeding two years with no option of fine. Co Any person who for trade or otherwise makes a loud noise or offensive awful smell in such places and circumstances as to annoy any considerable number of persons in the exercise of their rights re commits an offence and is liable to be punished for a common nuisance, i.e., imprisonment not exceeding one year with no option of fine. su The Employment The Employment Act, 2012 defines the The basic conditions of employees should Act, 2012 (amended fundamental rights of employees including the basic be observed to avoid unnecessary conflicts 2022) conditions of employment of workers. It also during the implementation. The Employer lo regulates the employment of children. The shall pay the entire amount of the wages Employer will have to employ casual laborers earned by or payable to the workers. probably from the communities where the Payment of such wages should be done isc proposed project is located during implementation. agreed at or near the place of work. The Employer shall also ensure that all statutory deductions are submitted without delay to appropriate government D agencies e.g., Kenya Revenue Authority, NSSF, and NHIF, among others Security Laws This act entails a legal framework and jurisdiction The contractor has prepared a project (Amendment) Act, on security matters. It is a constitutional entitlement security management plan that will act as 2014 to live and feel secure from agents that may standard operational procedure in compromise one’s life and safety. Security measures management of security issues in the are vital in this project following past terrorist project. experiences reported in the area; the Employer shall embark on a community policing program to be executed by a competent security firm. 76 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4.3 Kakamega County Social and legal guidelines At county level, several legal requirements were identified and reviewed to align the process of project development to the County regulatory requirements. Legal statutes that were reviewed included;  Kakamega County Public participation Act, 2015: guides the planning and conducting of public consultations under the second schedule of the Act.  Kakamega County Environmental management Act, 2019: the Act provides guidelines for the regulation and control of environmental aspects and to promote a healthy environment in the county  Kakamega County Disaster Management Act, 2015: guides for the collaborative planning for and managing disasters within the county.  Kakamega County Water Act, 2019: outlines the responsibility of the County government to ensure that every person has access to safe and clean water for domestic use within reasonable y distance, with equitable distribution of water to urban and rural dwellers.  Kakamega County Rural Water and Sanitation Corporation Act, 2019: guides the contractor p to ensure that damaged water infrastructure is repaired. It also guides on consequences of illegal Co water connections, meter tampering, and installing water pipes that do not comply with the approved standards. To a large extent, the county specific bills and acts guidance show similarity to the National statutes. However, the Employer is guided to ensure that County requirements have been adhered to. The re County specific guidelines guide on the responsible persons for application of necessary permits such as the water permit, local waste management practices, HIV, AIDs and STI sensitization, awareness and privacy the right of PWD to employment and also public participation guidelines. su 4.4 International Guidelines on Environmental and Social Management lo 4.4.1 Applicable International Conventions Kenya has ratified several international legislations, conventions and treaties that guide on the bio- physical and social environment is to be governed. The proposed project should equally adopt isc environmental and social governance practices that are guided by these legislature, conventions and treaties. Some of the key conventions and treaties are outlined in the subsequent chapters. a) World Commission on Environment and Development D ‘The Bruntland Commission’ as it is also known as, emphasizes on sustainable development without lasting damage to the ecosystem. It also guides on economic sustainability and social sustainability that utilizes available resources while maintaining cohesion of a society and its ability to help its members work together towards achieving collective goals. This project will be guided to sustainable utilize available resources, and restoring the damaged environment through decommissioning of temporary infrastructure. The aim of the project is to improve the social and economic status of the community members, thus contributing to social and economic sustainability. b) The Rio Declaration (1992) States that the right to development must be fulfilled so as to equitably meet development and environmental needs of present and future generations. It further emphasizes the participation of 77 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) all citizens at all relevant levels, in project or program development, while ensuring that the public have access to information concerning the environment. For this project, judicial and administrative proceedings, including redress and remedy, as guided by the Rio Declaration, will be provided by the KISIP Grievance Redress Committee (GRC). c) United Nation Framework Convention on Climate Change (UNFCC) (1992) The UNFCC guides that all parties ‘stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”. This should be dome within a timeframe tha t is “sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner”. The scope and design of the projects will not have significant contribution to climate change. However, the current felt impacts of climate change has been considered by the design engineers and adaptation measures have been designed into the project. y d) The Kyoto Protocol (2004) The protocol guides to promote the use of renewable energy. The project has considered the use p of solar powered street lights as an adherence to this protocol thus reducing dependence on the Co National grid. Additionally, the adoption of natural road-side drains in some areas, contributes to the adoption of natural and environmentally sustainable practices within the project design. Other measures to promote the use of environmentally sound technologies during the construction phase, shall be outlined in the environmental and social management and monitoring plan. e) Convention on the Rights of Persons with Disabilities (CRPD) re The Convention re-affirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. Additionally, it specifies where ‘ adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been su violated, and where protection of rights must be reinforced’. The project management team will be guided in development of the construction camp to consider persons with all disabilities. As is lo enshrined in the Kenya’s employment Act (2007, Rev 2012), all persons will be given equal rights in employment. The persons with disabilities will participate in the development and implementation of the project directly and indirectly as one of the vulnerable groups within the isc project area. f) Convention on the rights of the Child Among other rights, this convention guides that children are to be protected from doing work that is dangerous or harmful to their health, education or development. Children are also protected D from sexual exploitation. The project considers this convention by guiding that the project shall only employ persons as guided by the Kenya Employment Act (2007, Rev 2012). Further, children are included in the assessment of vulnerable persons during project implementation and Implementation. The contractor shall be instructed to sign Against the Sexual Exploitation and Abuse/Sexual Harassment Clause enshrined within the contracts. 4.4.2 World Banks Environmental and Social Framework The Employer is also required to adhere to the requirements of its lenders the International Development Agency. As one of the arms of the World Bank’s, it is guided by the Bank’s Operational Policies. The Bank’s Environment and Social Framework (ESF) supports green, resilient and inclusive development by strengthening protections for people and the environment and making important advances in areas such as labor, inclusion and non-discrimination, gender, climate change, biodiversity, 78 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) community health and safety, and stakeholder engagement. The ten EFS standards that were reviewed based on the scope of the project, to verify if any of them have been triggered by the project development and implementation. Table 4.3: International Guidelines on Environmental and Social Management Safeguard Policies Applicable? Applicability Environmental Yes Environmental and Social assessment conducted guides the Assessment OP4.01 project developers and implementers to ensure that environmental and social risks have been identified at an early stage and have been addressed promptly and effectively. This minimizes these risk to as low as reasonably possible and promotes sustainability and acceptability of the project by the host community. Physical and Cultural Resources Yes Sustainable material sourcing and general entry into the host y (OP4.11) community for the development of the project are guided by OP 4.11. Guidance by the policy reduces the risk of conflicts due to p uncontrolled and unsustainable impact on the physical and cultural resources. The policy guided the consultant in developing Co comprehensive ESMP that will guide the contractor in managing the host community’s physical and cultural resources. Involuntary Yes OP 4.12 was applicable in the review and update of the project Resettlement OP 4.12 Resettlement Action Plan. Further, the policy will coupled with the Land Valuation (amendment) Act, 2019, will ensure that all re PAPs are duly compensated and relocated prior to the start of project implementation. 4.4.2.1 The Environment and Social Standards (ESS) su The consultant was also guided by the Environment and Social Standards under the World Bank’s Environmental and Social Framework (ESF), in reviewing the various aspects social and bio-physical lo environment and also in developing of the environment and social impact assessment report. ESS1 on Assessment of Environmental and social risks at the various stages of the project development, the consultant was guided to identify the direct, indirect and cumulative environmental isc and social risks and propose possible mitigation measures of such risks that are proportionate, accurate and current. ESS2 on Labor and Working conditions guides the Employer on engaging labor during the D implementation of the project. The project is guided to provide safe working environment for its laborers who are engaged in a bid to eradicate poverty by improving their livelihood. It guides on non- discrimination of workers and consideration for vulnerable persons within the project. Workers, additionally ought to be given a platform through which they can air their grievances. ESS3 on Resource Efficiency and Pollution Prevention and Management guides the Employer sustainably use the resources available to avoid waste production as much as possible. Further, the Employer is guided to manage any wastes sustainably. Proposed waste management practices that can be adopted by the Employer on anticipated impacts and mitigation measures. ESS4 on Community Health and Safety guides the Employer to protect the health, safety, and security risks and impacts on project-affected communities by implementing effective mitigation measures on to guard the communities against any possible health, safety and security risks. The Employer is guided 79 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) to ensure that project activities that will lead to increased traffic, introduction of heavy machinery into the area, increase waste production and introduction of construction waste among others are managed to guard the community members from risks that arise from them. ESS5 on and Acquisition, Restrictions on Land Use and Involuntary Resettlement advocates for the avoidance of involuntary resettlement as much as possible, and where this is not possible, it guides that proper mitigation measures to protect and where possible alleviate the livelihood of the affected community members be developed and documented and implemented in a timely and justifiable manner. ESS6 on Biodiversity Conservation and Sustainable Management of Living Natural Resources guides on the management of natural habitants as a means of conserving the biodiversity. The project is however not located in an ecologically sensitive area as the environment is already disturbed. The Employer is however guided not to worsen the situation through the development of sustainable y designs that do not promote further damage to natural habitats. ESS7 on Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local p Communities guides the Employer on the protection of the needs and vulnerabilities on indigenous Co and historically undeserved communities. The host community presents a distinct social and cultural group that are collectively attached by distinct language, self-identification and customary and cultural practices. Given this guidance, no indigenous people were found within the affected project area. ESS8 on Cultural Heritage guides the Employer to ensure that the project development and re implementation take note of the heritage of the community and any heritage sites. Through consultative meetings and project assessment, the consultant ascertained that there were no heritage sites nor practices that will be impacted due to the development of the project. su ESS9 on Financial Intermediaries is not applicable to the project since KISIP component 2 will be implemented by the County Governments and not FIs. lo ESS10 on Stakeholder Engagement and Information Disclosure recognizes and emphasizes the need for transparency during the various stages of project development. The Employer has since engaged the community extensively during the initial ESIA and development of the initial project design, and isc the community was also engaged during the design review phase in the selection of prioritized projects, and the updated ESIA report. This is in a bid to ensure that that the project, its scope, its possible impacts and mitigation, its benefits among others, are disclosed to the community. D 4.4.3 General EHS Guidelines The IFC General EHS guidelines guides the implementation of and monitoring of the project and its components. The Bank guides the Employer to provide for;  The Identification of the EHS project hazards as early as possible in the project cycle  Involvement of EHS professionals with the necessary competency and training to assess and manage EHS impacts and risks  Understanding of the likelihood and magnitude of EHS risks based on professional and sound judgment  Exploration of strategies that eliminate the hazard at is source  Avoidance of the hazards where possible, if it is not possible to eliminate the hazards at source.  Preparation of the workers and nearby communities to respond to emergencies, including provision of the required resources and technical and other requirements. 80 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Overall improvement of performance through a combination of on-going monitoring of the project performance and effective e accountability. Various environmental (air quality, solid and effluent wastes, water quality) and social (labour, public health, traffic safety) should all be considered in the development of a site specific EHS management plan in order to align with the requirements of this guideline. The Consultant has, developed a detailed Environment, Social, Safety and Health Management Plan that aligns to this requirements. 4.4.4 World Bank’s guidelines on Managing the Risks of Adverse Impacts on Communities from Temporary Project Induced Labor Influx Bank-financed investment projects often involve construction of civil works for which the required labor force and associated goods and services cannot be fully supplied locally for a number of reasons, among them worker unavailability and lack of technical skills and capacity. The proposed project is expected to attract a high influx of workers to fill this labour and capacity gaps which presents a series of adverse environmental and social impacts on the local communities. These may include increased y demand and competition for local social and health services, as well as for goods and services, which can lead to price hikes and crowding out of local consumers, increased volume of traffic and higher risk p of accidents, increased demands on the ecosystem and natural resources, social conflicts within and between communities, increased risk of spread of communicable diseases, and increased rates of illicit behavior and crime. Co The implementation of the project needs therefore to adhere to these guidelines to avoid these impacts;  Tap into local workforce for unskilled labour effectively and identify ways to build local capacity in skilled labour re  Incorporate social and environmental mitigation measures into the civil works contract, and guide for the development of the CESMP that is guided by the legal requirements and the Bank’s guidelines. su  Assess previous environmental and social concerns such as pre-existing social conflicts between tribes or clans, prevalence of gender bases violence, culturally guided gender responsibilities, prevalence of child labour, prevalence of drug and alcohol abuse among others that can lo contribute to high worker turnover and possibly impact project progress. 4.4.5 The World Bank’s Good Practice Note on Assessing and Managing the Risks and isc Impacts of the Use of Security Personnel The Bank requires that Borrowers assess and manage potential environmental and social risks and impacts arising from projects that the World Bank supports through Investment Project Financing (IPF). Specifically, the borrower is guided to focus on, among others, threats to human security through D personal, communal or interstate conflict, crime or violence. Generally the Bank guides the project to;  Assess security risks for the project, including security risks to project workers, assets, and activities.  Assess risks to and impacts on human security that could arise from the engagement with to protect project workers, sites, assets or activities  Depending on the severity and complexity of the security risk, the Borrower should prepare a standalone Security Management Plan (SMP) and/or ensure that key elements of the security assessment and arrangements are reflected in the Environmental and Social Commitment Plan (ESCP) for the Project. Guided by this Good Practice Note, the project is guided to assess security in the project and propose mitigation measures for identified social and security risks. 81 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4.4.6 Gap Analysis between Bank Requirements and National and County-Level Laws and Legislation Both the World Bank’s safeguards and GoK laws are generally aligned in principle and objectives of environmental and social sustainability. The following table summarize the similarities/differences or gaps of the two policies. p y Co re su lo isc D 82 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 4.4: Gap Analysis between Bank Requirements and National and County-Level Laws World Bank OP 4.01 EMCA Comparison Recommendation O.P 4.01 requires screening of sub project EMCA requires screening of project Both the Kenyan and World Bank Preparation of the ESIA investments in order to determine if further investments in order to determine if safeguards require screening to establish to meet both NEMA and environmental and social assessments (ESIAs) are further environmental and social the level of ESIA prepared. World Bank Standards. required After screening and determination of assessments (ESIAs) are required py required ESIA category, an ESIA is prepared before project design and implementation (which includes an assessment of social impacts). Also gives guidelines on air, noise, water, waste An ESIA of a project will be prepared in The ESIA will be prepared with mitigation Use of Kenyan regulations Co management, emissions and wetlands accordance to EMCA guidelines and the measures for any negative environmental in accordance to EMCA. management. report submitted to NEMA for licensing. and social impacts. EMCA is also equipped with regulations The various limits set out in the regulations on air, noise, water, waste management, are close to World Bank and IFC policies emissions and wetlands management. with minimal differences in the actual figures. The prepared ESIA Study should take into account The EMCA (Conservation of Biological Both require an ESIA to establish the Preparation of the ESIA re natural resources and the principle approach to Diversity and Resources, Access to potential impact of a development on to meet both NEMA and natural resource management to ensure Genetic Resources and Benefit Sharing) biodiversity and ensuring environmental World Bank Standards. environmental sustainability. Regulations, 2006 provides that no sustainability. su person shall engage in any activity that may have an adverse impact on the ecosystem, lead to the introduction of any exotic species or to unsustainable use of This policy guides in preserving physical cultural resources and helps reduce chances of their lo natural resources. The Wildlife Conservation Management Act also and ensures The World Bank policy offers more detail on the physical and cultural resources other Use of the World Bank policy in handling any isc destruction or damage. consideration of wildlife and their than archaeological finds identified in the physical and cultural site, conservation in project implementation. Kenyan Policy. while making use of the The National Museums and Heritage Act Kenyan institutional identifies the need for the protection, framework. conservation and transmission of the D cultural and natural heritage of Kenya 83 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) World Bank OP 4.01 EMCA Comparison Recommendation Involuntary resettlement should be avoided Involuntary resettlement may occur as a The Kenyan Policy does not stipulate that Resettlement issues are to wherever possible, or minimized, exploring all result of projects implemented in public resettlement should be avoided wherever be considered at the alternatives. interest. possible; on the contrary, as long as a design stage of the project project is for public interest, involuntary in order to avoid/ resettlement is considered to be inevitable. minimize resettlement. py Inclusion of persons considered indigenous, who Article 56 of the constitution highlights Both the Kenyan and World Bank Preparation of an ESIA in without proper consultation may suffer as a result the rights of marginalized communities, Safeguards requires the inclusion of accordance to Kenyan and of the project leading to further marginalization. in the decision-making process with communities that are marginalized and World Bank Standards to Co Similarly, the bank has a directive on vulnerable regards to development and their input. inclusion of the vulnerable in project protect indigenous groups, who may be left out of the benefits of the The National Gender and Equality Act, planning, implementation and operation persons. project or suffer more as a result of the negative Children Act and Persons with phases of the project. In order to ensure impacts of the project. Disabilities Act promote the inclusion of these communities, reap the benefits of the These safeguards are in place to ensure the these persons, who in society are often project without suffering vulnerable and often marginalized are adequately looked over, in the implementation of disproportionately in comparison to the re consulted and their issues addressed in the ESIA. projects. rest of the communities. Displaced persons should be meaningfully EMCA requirements for project Both Policies are similar Consultation of consulted and should have opportunities to proponent to seek the views of stakeholders in the ESIA su participate in planning and implementing persons/communities that may be in accordance to both resettlement programs affected by the project to be consulted, at Kenyan legislation and least explain project potential impacts and World Bank Safeguards. obtain oral/written comments lo In addition to the operational policies, the World The Occupational Health and Safety Act Both provide guidelines which should be Incorporation of the isc Bank has guidelines to ensure, environmental, is the main act ensuring the health and adhered to, during all phases of the project, World Bank Guidelines occupational and community health, and safety of the Contractor’s employees and with the Kenyan legislation providing an while ensuring decommissioning guidelines. These guidelines the surrounding community institutional framework for the conformance to the will provide the Contractor with best working implementation of the Act. The World Kenyan Legislation and procedures. Bank guidelines provides best international institutional framework. D practices for construction works. 84 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4.5 Institutional Framework on Environmental and Social Management Guided by the KISIP Project Operations Manual (POM), the overall authority for implementation of the environmental and social mitigation measures and management plans will be the Ministry Of Lands, Public Works, Housing And Urban Development through the County Government of Kakamega. A key objective of the project will be to ensure that the national and county government conduct their affairs in consultation and with coordination as stipulated in the Constitution and the Intergovernmental Relations Act 2012. Further, the successful implementation of KISIP 2 requires firm compliance and support to the national, county, and settlement structures and systems for implementation such as NPCT, CPCTs and SECs. A summary of other organizations that are relevant to the proposed project as provided in table 4.4. Table 4.5: Institutional Framework on Environmental and Social Management Institution Responsibilities y Ministry Of Lands, Public Works, Provision of the necessary financial and technical requirements to ensure p Housing And Urban Development effective Implementation of Social Management Plans, Resettlement Action Plans, and ESIA where applicable The State Department for Housing and Urban Development Co Overall Project implementation responsibility. The agency will however work closely with the participating Counties, Ministry of Lands and Physical Planning, Council of Governors (CoG), and the National Land Commission (NLC) where Project activities are directly linked to their respective mandates. re The National Environmental Responsible for Policy formulation and issuance of directives as guided by the Council EMCA. It sets national goals and objectives and determines policies and priorities for environmental protection su The Kakamega County Government The CPCT will comprise of a County Project Coordinator, a Financial (County Project Coordination Team Management Specialist, a Procurement Specialist, a Monitoring and Evaluation (CPCT)) Specialist, technical specialists in planning, surveying, engineering, Social lo Safeguards/Community Development Specialists, and Environmental Safeguards Specialists and City/Municipal Manager or their representatives where applicable (whose areas of jurisdiction have settlements benefiting from isc KISIP2 interventions). The CPCT should consist of full-time focal persons from the relevant departments.  The CPCT will report to the CEC in charge of Land, urban and housing or the equivalent and will be responsible for: D  The day-to-day coordination of the county-level project activities.  Working closely with relevant offices of the county to implement county- level activities supported by the project.  Preparation of procurement plans, procurement and implementation of infrastructure works with technical assistance and quality assurance provided by the NPCT.  Implementation of the environmental and social safeguards instruments including Social Management Plans (SMP) and RAP where applicable).  Monitoring & Evaluation, reporting and disseminating information about the project (including preparation of annual work plans, contract awards, physical and financial progress of works contracts, and so on) at the county level.  Mainstreaming all KISIP2 activities into the County programming and budgeting systems and for the briefing of the County Executive. 85 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities  Regularly consulting and coordinating with the NPCT in project implementation. Project Steering Committee (PSC)  The PSC will comprise of PS SDHUD, PS Treasury, PS Lands and Physical Planning, CoG Chair of the Sub-committee on Lands, Urban Development, Planning, Infrastructure & Energy, with the KISIP2 Project Coordinator acting as the Secretary to the committee.  The PSC shall, in consultation with the Bank, o provide its written confirmation to the National Treasury and the Bank of the overall Annual Workplans and Budgets (further discussed below); o Provide written confirmation that the selected informal urban settlements and proposed Participating Counties meet the Eligibility Criteria and/or County Readiness Criteria. The National Environmental NEMA provides oversight, coordination and general supervision over all y Management Authority (NEMA) matters that are relating to the environment or that can impact the environment. NEMA is the principle instrument of the Government in the p implementation of all policies relating to the environment Assess and approve the amended ESIA report in order to provide the required Co variation to the ESIA license that had been earlier provided for the implementation of the project. National Project Coordination Will be in charge of Project design, overall Project coordination (including Team (NPCT) liaising with senior Government officials and the Development Partners’ team), financial management, procurement, monitoring and evaluation (M&E), re reporting, capacity building and communications activities. The NPCT will also be responsible for the following: su a) Coordinating the implementation of KISIP2 and ensuring that project implementation activities and reports are on schedule and in compliance with the financing agreement. lo b) Providing technical assistance to counties to perform in accordance with the Bank policies and guidelines as well as leading the coordination, capacity building and backstopping of all county project interventions. isc c) Consolidating the planning and budgeting of funds by counties and triggering disbursement of funds to the eligible county governments once conditions have been met. D d) Coordinating and consolidating the interim financial reports and quarterly progress reports, based on inputs from the counties. e) Liaising closely with the Council of Governors (CoG) in order to ensure effective coordination and communications with county governments. f) Review work plans from Counties g)Review whether settlements and counties have met the required criteria to become eligible for KISIP2 financing Standard Enforcement Review EMCA provides for the establishment and enforcement of environmental Committee (SERC) quality standards by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC) 86 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities National Complaints Committee EMCA has also established a Public Complaints Committee, which provides the administrative mechanism for addressing environmental harm. The Committee has the mandate to investigate complaints relating to environmental damage and degradation. The members of the Public Complaints Committee include representatives from the Law Society of Kenya, non-governmental organizations (NGOs) and the business community Water Resources Authority The WRA is responsible for the regulation of water resources such as water allocation, source protection and conservation, water quality management and pollution control and international waters. Its roles and responsibilities are as follows:  Planning, management, protection and conservation of water resources;  Planning, allocation, apportionment, assessment and monitoring of water resources; y  Issuance of water permits;  Water rights and enforcement of permit conditions; p  Regulation of conservation and abstraction structures; Co  Catchment and water quality management;  Regulation and control of water use; and  Co-ordination of the Integrated Water Resource Management (IWRM) Plan. Directorate of Occupational Safety The Directorate of Occupational Safety and Health Services (DOSHS) is one re and Health Services (DOSHS) of the departments within the Ministry of Labour and East African Community Affairs, whose primary objective is to ensure the safety, health, and welfare of all workers in all workplaces. su An unsafe and unhealthy work environment causes accidents, diseases, disasters, and environmental pollution that occasion huge economic and social burdens to individuals and enterprises thereby stifling economic and social lo growth. DOSHS will be responsible for the issuance the Workplace Registration Certificate for the relevant areas during project implementation and isc monitoring if necessary (Project offices, Quarry etc) The National Museums of Kenya Is a state corporation established by an Act of Parliament, the National Museums and Heritage Act, 2006 no. 6 of 2006. It is a multi-disciplinary institution whose role is to collect, preserve, study, document and presents D Kenya’s past and present cultural and natural heritage. This is to enhance knowledge, appreciation, respect, and sustainable utilization of these resources for the benefit of Kenya and the world, for now, and for posterity. The National Museums of Kenya will provide guidelines in case any discoveries or existing cultural and natural heritage resources within the project area. National Gender and Equality The National Gender Equality Commission is a constitutional Commission Commission established by an Act of Parliament in August 2011 with the objectives of promoting gender equality and freedom from discrimination. This commission will be charged with ensuring gender equality and equity throughout the implementation of the project. Representatives will monitor and evaluate gender quality and equity regarding job provision and harassment cases on-site to ensure compliance with the law. 87 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Responsibilities The World Bank  Monitoring the effective implementation of Social Management Plans, Resettlement Action Plans, and ESIA where applicable  Reviewing the project documents, providing guidance to improve them, and issuance of the Letter of No Objection in order for the project implementation to commence. Host Community  Holding the project developers accountable over the Implementation of Social Management Plans, Resettlement Action Plans, and ESIA where applicable  Through public participation, the host community can guide vulnerable persons to social safety nets to ensure economic inclusion.  Participate in crime and violence prevention (including prevention of Gender Based Violence) through keeping law and order and retaining high moral values. y Settlement Executive Committee  Initiation: Documenting and reporting community’s view, disseminating p (SEC) information to the community, and coordinating stakeholders.  Implementation: Identifying existing resources within the community, Co updating the community of the project progress, and accompanying technical staffs.  Monitoring and evaluation: identifying issues and problems and communicating them with the relevant stakeholders.  SECs also contribute to sharing knowledge and lessons learned for future implementation. re Grievance Redress Committee (GRC)  Grievance receipt and registration/logging  Development and implementation of response su  Verifying the implementation of redress action lo 4.6 List of Permits required for the project as per the Kenyan requirements In order for the Employer to start implementing the project, the permits listed below should be isc available and valid. Table 4.6: List of Permits required for the project Relevant activity Statute Requirement Competent Date of Acquisition D Authority Implementation of Environmental ESIA Study report to NEMA Before the Project Management and be submitted to the commencement of Coordination Act County NEMA offices project (EMCA) Cap 387, for the variation of the Rev 2015 License. NEMA submission fee Implementation of The Kakamega Acquiring and renewal County Before the the Project County Trade of the Single Business Government of commencement of the Licensing Act, 2018 Permit for the Kakamega project. contractor 88 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Relevant activity Statute Requirement Competent Date of Acquisition Authority Water abstraction Water Resources For Ground water: WRA Before for the purpose of Regulation Physical Chemical commencement of the construction Analysis Report project A technical report for category B application Location map for the water source. Cutting of trees Forest Management Need to obtain Kenya Forest Before cutting down and Conservation permission to cut Service trees to allow for Act, 2016 down trees KFS construction Setting up of the Environmental An Environmental National Before Construction Camp (Impact Assessment Impact Assessment Environment commencement of the y and Audit) Report for the Management project Regulations, 2003 Construction Camp Authority (NEMA) p Material Extraction Environmental An Environmental National Before (Impact Assessment Impact Assessment Environment commencement of the Co and Audit) Report for the Management project Regulations, 2003 Construction Camp Authority (NEMA) Registration of Occupational Safety Filled Application Directorate of Less than 3 months Workplaces and Health act, 2007 Form and Initial Occupational after the development Health and Safety Safety and health of the construction re Audit. Services camp, and before Application fee construction begins Initial and Annual Environmental Environmental Audit NEMA Within the first 12 su Environmental (Impact Assessment report developed by months of audit of the Project and Audit) authorized expert commencement of the Regulations, 2003 project. lo Engagement of Work Injury Benefit Acquire WIBA Directorate for Before the Workers Act (WIBA) 2007 insurance cover to Occupational commencement of the cover all employees Safety and Health project. isc that will be engaged in Services the project. D 89 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5. ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION 5.1 Environmental Baseline Conditions 5.1.1 Location and size: Kakamega County is located in the former Western Province of Kenya. It borders Bungoma County to the north, Busia to the west, Siaya and Vihiga Counties to the south, Nandi and Uasin Gishu Counties to the east. It has an area of 3033.8 square kilometers. Its capital and largest town is Kakamega, lying at an altitude of 1500 meters above sea level. Administratively, Kakamega County has 12 sub counties. The KISIP is being implemented in 2 of the sub counties. Table 6.1 shows the administrative locations of the 8 sites earmarked for KISIP investments as well as the sub counties in which they are located. p y Co re su lo isc D Figure 5.1: Kakamega County Administrative Boundaries. Source: Kakamega County Integrated Development Plan Table 5.1: KISIP Investment Sites Name of Site Sub County Ward Amalemba Lurambi Shirere Shibale Mumias West Central Kambi Somali Lurambi Sheywe Mjini Mumias West Central Lukoye Mumias West Nucleus 90 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.1.2 Climate Kakamega experiences a tropical climate. It is classified as Af by the Koppen-Geiger system. Currently, the annual average rainfall in most parts of the county ranges between 1,250 and 1,750 mm. The average is higher than 1,750 mm in the central and western parts of the county and decreases gradually towards the north-eastern extremity. The rains are evenly distributed all year round with March and July receiving heavy rains while December and February receive light rains. p y Co re Figure 5.2: Rainfall in Kakamega County Source: weather-atlas.com su The temperatures in the County are high all year round with an average of 20.4 degrees Centigrade. January, February and March are the hottest months with other months having relatively similar temperatures except for July and August which have relatively cold spells. There are slight variations lo in mean maximum and minimum ranges of 28 oC to 32oC and 11oC to 13oC respectively. Low temperatures are usually recorded at night while the very high temperatures are recorded during the isc day. D Figure 5.3: Average annual temperature in Kakamega County Source: weather-atlas.com 91 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The average hourly wind speed in Kakamega experiences significant seasonal variation over the course of the year. p y Co Figure 5.4: Average wind speed in Kakamega Source: weather-atlas.com The perceived humidity level in Kakamega, as measured by the percentage of time in which the humidity comfort level is muggy, oppressive, or miserable, does not vary significantly over the course of the year, staying within 3% of 4% throughout (Fig 5.5) re su lo isc D Figure 5.5: Humidity experienced in Kakamega Source: weatherspark.com https://weatherspark.com/y/98115/Average-Weather-in-Kakamega-Kenya-Year- Round 5.1.3 Climate Change Risk Profile for Kakamega County Analysis of historic climate data for Kakamega in recent decades shows that both first and second season means temperatures have increased by approximately 0.4 and 0.3°C respectively. These changes have resulted in a moderate increase in heat stress days during those periods. Analysis of rainfall over a 35- year period (1981-2015) showed that average rainfall had increased by over 15 percent in the first season and 30 percent in the second season. However, rainfall variability from year to year has also increased, resulting in an increased risk and uncertainty of occurrence of floods and droughts. Both hazards have had increasing impacts on agricultural production and the livelihoods of the county’s inhabitants over the years. 92 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Figure 5.6: Historical extreme moisture and drought stress events in Kakamega County y Source: Climate Risk Profile_Kakamega County p Within the County floods represent a major risk to crop production and livelihoods in Kakamega, particularly in the lower reaches of the Nzoia River Basin where frequent floods have resulted in loss of Co lives and properties. Droughts occur and affect large sugar-cane plantations as well as on crop and livestock production. Landslides caused by a combination of intense rainfall, soil erosion, deforestation, and encroachment of agricultural activities onto hillsides have also been experienced. Historical temperature trends in the county over 25 years (1981 to 2005) shows that both first and second re season mean temperatures have increased by approximately 0.4 and 0.3°C respectively. These increases in temperature have resulted in a moderate increase in heat stress days over the periods, and especially during the hotter and drier months of the year. su Rainfall trends over a 35-year period (1981-2015) showed that average rainfall had increased by over 15 percent in the first season and 30 percent in the second season. Most of the increase has occurred since lo 2000. Rainfall variability from year to year has also increased, resulting in an increased risk and uncertainty of the occurrence of both floods and droughts. The impact of both hazards on agricultural production and the livelihoods of the county’s inhabitants have been increasing over the years. isc These changes, especially in the increase in amount of rain have resulted in significant rise of waters within River Isiukhu and other rivers within Kakamega County. Subsequently, the existing roadside drainages are not sufficient in handling the amount of water from the higher parts of the county. During these seasons, D some sections of existing roads are rendered impassable. Over the years, there is changes in the climate may manifest as follows; • Changes in temperature—both a gradual increase in temperature and an increase in extreme temperatures—are likely to impact road pavements (for example, heat-induced heaving and buckling of joints). • Changes in precipitation and water levels will impact road foundations. • Extreme weather events such as stronger and/or more frequent storms will affect the capacity of drainage and overflow systems to deal with stronger or faster velocity of water flows. • Stronger or faster velocity of water flows will also impact bridge foundations. • Increased wind loads and storm strengths will impact long span bridges. 93 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) • Increased salinity levels will reduce the structural strength of pavements and lead to precipitated rusting of the reinforcement in concrete structures. The residents in the county have adapted some climate change risk adaptation practices to combat the impact of climate change on, especially food production. Environmental education that addresses issues of sustainable utilization of natural resources, and conservation and protection of catchment areas; adoption of improved early-maturing crop varieties; use of inputs such as fertilizers, manure, and pesticides; use of irrigation; consulting extension agents; practicing conservation agriculture and good agricultural practices and soil and water conservation; planting early-maturing crops; planting-high-yielding seed varieties; upscaling appropriate modern storage facilities; are among the climate change adaptation practices that have been employed in Kakamega County. 5.1.4 Geology and Soils Intrusive granites form a majority of the County’s geology; Nyanzian volcanic and the Kavirondian y sediments. The sequence of rocks and sediments that characterize the county are of geological p structure of the pre-cambrian basement system found in the Jurassic periods of Mesozoic era. Thus basement system stretch to the east of the Nandi fault and they comprise extrusions of the acid to Co basic Nyanzian volcabuc at high depths including basalts, andesitic tuffs, agglomerates and rhyolites overlain by highly thick series of coarse Kavirondian conglomerates, grits and finely banded mudstones. These stretch to the central parts. The Nyanzian and Kavirondian sediments also comprise major intrusions of two granitic rock masses forming the Maragoli and Mumias Goldfields. re The soils form extensive deposits of black clays mainly along river valley, sandy soils, gravelly alluvium (with considerable yields of alluvial gold), lateritic ironstone capping, and black silt deposits along the streams. The large tracts of forest reserves mainly at the foot of the Nandi escarpment on the central su and eastern parts is characterized by thick soils. Rock exposures are generally a common phenomenon in the county and especially in the streambeds except in the granite areas. They are also patched on the divides of the Nyanzian and Kavirondian rocks in the central. lo The soils in Kakamega County are varied in structure and largely influenced by the underlying geology and the topography. The hillsides are covered by red and well drained soils while on the bottom isc lands, there are fertile but poorly drained soils that have a heavy texture. In the large valleys found in the County, the type of soils are mainly alluvial formed over many years of deposition. Sites of the proposed KISIP investments have well drained soils on the hillsid es especially Masingo and Al Karim, however, sites such as Mjini soils are poorly drained and heavy. D 5.1.5 Topography and Physical Features The County has a varying topography with altitudes ranging from 1,250 meters to 2,000 meters above sea level. It can be divided into two main physiographic units, namely the southern hills made up of rugged granites rising to 1,950 meters above sea level, and the peneplain with remnants of denudation at Kakamega and Kambiri. The Nandi Escarpment forms a prominent feature on the County’s eastern border with its main scarp rising from the general elevation of 1,600 to 2,000metres. There are also several hills in the county such as Misango, Imanga, Eregi, Butieri, Sikhokhochole, Mawe Tatu, Lirhanda, Kiming’ini hills among others. 94 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.1.6 Hydrology and Water Resources The County is located within the Lake Victoria North Catchment Area (LVNCA) in the western part of Kenya and surrounded by Mt. Elgon in the north and Cherengani Hills and Mau Forest Complex in the east. The LVNCA borders on Uganda in the west and faces Lake Victoria in the south-west. Total area of LVNCA is 18,374 km2 , corresponding to 3.2% of the country’s total land area. The whole area of the LVNCA lies in the highland having elevations greater than 1,000 m amsl. It is traversed by eight main rivers namely, rivers Nzoia, Yala, Lusumu, Isiukhu, Sasala, Viratsi, Kipkaren Malaba, Malikisi, and Sio Rivers and Sivilie. The Nzoia River is the largest river with a drainage area of 12,853 km2 , or 70.0% of the LVNCA while Yala River is the second largest river with a drainage area of 3,259 km2 . Both rivers flow into Lake Victoria. The Sio, Lwakhakha, Malakisi and Malaba rivers flow across the border to Uganda. Several o t h e r small streams form tributaries to these mai n rivers, exhibiting dendritic drainage patterns dissecting the peneplain surface often with steep erosional valleys. River Isiukhu is the main source of water y supply in Kakamega Town and its environs. River Yala, originates from the Nandi Hills, east of p Kakamega County. It flows westwards through Kakamega Forest and the southern part of the district. The Nandi Escarpment forms the catchment zone for streams such as the Shitiya, Kabkalet and Co Nurungo, which flow westward to join the River Nzoia. The Kakamega area is drained towards Lake Victoria by River Isiukhu. The River Isiukhu is a tributary of Nzoia River. It originates from the Nandi Escarpment and flows through Kakamega Forest before reaching Kakamega Town. re Several small streams form tributaries to these main rivers, exhibiting dendritic drainage patterns dissecting the peneplain surface often with steep erosional valleys. Only the northwestern part of the su district to the north of Mumias is swampy due to low gradients and poor drainage. The area is well suited for sugarcane growing. Ground water resources are also exploited through boreholes sank in various parts of the county. lo There are many shallow wells, protected and unprotected springs, rainwater (harvesting), rock catchment and sand or sub-surface dams that serve as sources of water for both rural and urban isc communities, . Some of the residents have constructed tanks and harvest water from the roof catchment during the rainy season. 5.1.7 Water Quality D Secondary data from various sources was reviewed in order to update the ESIA report with data on water quality in the rivers Isiukhu, Lusumu and Shiatsala; all of which are within the project area. The data acquired indicated that generally water quality in Kakamega County has been impacted by agricultural activities, increased surface runoff due to increased activities on land, impurities leaching into the soils from pit latrines, and activities such as sand harvesting that is practiced extensively along the river channels. Fig 5.7 shows the impact of sand harvesting on rivers Lusumu and Shiatsala in Kakamega County. During rainy seasons, water is expected to be more turbid with higher total suspended solids (TSS) than in drier seasons as shown. Turbidity and TSS however changes temporarily during active sand harvesting. Prolonged periods of sand harvesting is directly proportional to higher turbidity of the river waters. 95 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) y Figure 5.7: Turbidity on Shiastala River and Lusumu river in dry and rainy seasons Source: Lwanga A et al, 2022. p With this premise, the during project implementation, the project implementers are guided not to Co introduce new sand harvesting locations and instead, commercially acquire already harvested sand from commercial sand harvesters that are recognized by the relevant authorities. Total Nitrogen in the waters in the rivers also vary between rainy and dry seasons as shown on tables 5.8 and 5.9. Table 5.2: Mean values for the soil physico-chemical parameters between dry and rainy re su lo isc Source: Lwanga A et al, (2022) D 96 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 5.3: Physico-chemical soil parameter values during the dry and rainy seasons for Rivers Lusumu and Shiastala p y Co re su Source: Lwanga A et Al (2022) lo The quality of water in Isukhu River, a tributary of Nzoia River was also tested (Oremo J. et al, 2020), and the results are shown on table 5.4. isc Table 5.4: Physico-chemical soil parameter values during the dry and rainy seasons for River Isiukhu D Source: Oremo J et al (2020) 97 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The differences in the quality analysis results between the rivers are not significant. Generally, Isiukhu indicates slightly higher pH that the waters from Rivers Lusumu and River Shiatsala. This could be attributed to the land use practices along or near channels, with areas with extensive agricultural activities, and higher populations, having lower pH than areas with less agricultural or other activities. Sand harvesting, effluent and solid waste management, industries, all contribute to the quality of water within the rivers. The removal of riparian vegetation alters the nitrogen component within river channels. The project should therefore avoid removal of vegetation along riparian land as construction water is sourced from any natural river channel. Reduction in the Nitrogen content reduces the productivity of riparian lands which will significantly impact riparian vegetation in quality, quantity and variety, hampering biodiversity within riparian lands. On the other hand high concentrations of available nutrients in the aquatic ecosystem result in unjustifiable growth of aquatic plants, including algae, which suppresses other less tolerant species. 5.1.8 Air Quality y Air quality in Kakamega County is generally moderately polluted with an average annual air quality index p of between 51 and 112 (weather.com). This makes the air to have long term health impacts to residents with high sensitivity to pollen and will not be able to perform high intensive tasks for prolonged periods Co of time. People with already existing respiratory diseases are most affected. 5.1.9 Noise levels The project area is within disturbed environment with various activities, such as shops, motorized and non-motorized transport, people, and domestic animals among others within fairly limited surface area. re The noise levels are generally high during the day, and part of the night. 5.1.10 Vegetation, Forest Cover and Biodiversity su Most of the sites have lost the natural vegetation cover either from cultivation or through human settlements with occasional patches vegetation cover with dominant tree species being C macrostachyus and M platycalyx. For example, Masingo is found in the peri-urban area of Kakamega town and lo therefore most of the vegetation has been lost. Common plant species found in the area include: Eucalyptus sp., Bananas (Musa indica), Croton macrostachyus (Mutundu), Cassava (Manihot esculenta), Avocadoes (Persea americana), Solanum sp, Marhamia platycalyx, Sesbania sesban, Tithonia diversifolia, isc Sugarcanes (Saccharum officinarum). The presence of C macrostachyus and M platycalyx is an indication of remnant vegetation of a formerly vibrant moist tropical forest. The Mumias area is in the sugar belt of Kenya and therefore under intensive cultivation of sugar cane. D The project area has mainly grass cover and bush vegetation. Some sections were however seen to have trees such as the, Marhamia platycalyx, Croton macrostachyus and a variety of Eucalyptus sp. 5.1.11 Energy Firewood is the main source of energy in the County, being used by 88.1 % of the population, followed by charcoal by 4.1%, and paraffin 2 %. Other sources of energy include LPG 0.5%, biomass residue 0.5%. Paraffin is used by 95% of the county population for lighting. On the other hand, 92.1% per cent of the county population use traditional stone fire as the main cooking appliance, therefore, there is need to encourage use of environment friendly energy sources such as solar, biogas, biomass, wind and electricity (CGK, 2013) The information on fuel uses in the KISIP sites of Kakamega is consistent to the county wide trends. Most settlements use firewood and charcoal, however, it is noted that charcoal is predominantly 98 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) used since firewood is less available and appropriate in urban areas as per the KISIP social economic survey of 2016. 5.1.12 Water Supply Kakamega County has diverse water sources. These include rivers and streams, boreholes, roof catchments. The main water sources are the rivers flowing through the County. These include Nzoia, Sasala, Isikhu, Yala, Kipkaren and Lusumu among others. Several streams/ springs provide water to residents especially those living near major forests. The quality of the water is however impacted by the land use practices along the rivers including the use of chemicals to enhance agriculture. Boreholes and shallow wells sunk are managed by diverse institutions and communities also serve as important sources of water. Rain water harvesting is also practiced by some institutions and communities. Nevertheless, access to quality water remains a challenge with only 29.5 per cent of the population with access to portable water while only 5.9 per cent have access to piped water. Springs y are the main source of water providing for 41.6 per cent of household in the county. Kakamega County Water and Sewerage Company Limited (KACWASCO) is the main water service p provider in the County. It is supplemented by other water users’ associations which are mainly managed Co by the community members. The infrastructure developed by these community based organizations and other financiers, are not sustainable due the dilapidated infrastructure of the distribution system, inadequate storage, illegal water connections, wasteful water use and vandalism of the infrastructure leading to significant water loss. re Currently the water company supplies approximately 78% of the consumers mainly in the peri-urban and small towns of the county. The rural areas are mainly supplied by community water projects, NGO’s, private sector actors as well as self-supply through hand dug wells and so on. The rural water su sub-sector is marred by low functionality rates due to poor management of the water supply projects and schemes, inefficient technologies and weak governance. Rural water coverage in the county is at 30% (Kakamega CIDP 2018 – 2022). lo In Lurambi and Mumias West Sub-counties, the population accesses water from the sources as tabulated on table 5.5: isc Table 5.5 Water sources in Lurambi and Mumias West Sub-counties Water source Number of sources Borehole 364 D Other (please specify) 136 Piped/ bulk supply water from WSP 13 Protected hand dug/ shallow well 487 Protected spring 616 Rainwater (harvesting) 39 Rock catchment 8 Sand/Sub-surface dam (with well or standpipe) 19 Surface water (lake, river, stream) 59 Grand Total 1742 Source: Kakamega County data on water sources The county has increased access to clean and safe water to 71.3% in 2022 up from 29.5% in 2013. In addition, 33,936 urban Households and 2,672 rural households are now connected to piped water 99 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) (Kakamega CIDP 2023-2027, Draft). Major water projects in the county have also been developed which include; Musembe dam water supply project in Lugari, Lumino dam water supply in Likuyani, Kuvasali gravity scheme in Malava, Nandamanywa water project in Shinyalu, Lwakhupa water project in Navakholo, Yala Butwehe water supply project in Ikolomani and Misango Hills community project in Khwisero. It has also augmented, rehabilitated, expanded, solarized and constructed other water schemes spread across the county. Table 5.6: Population in Lurambi and Mumias that access safe water for drinking Sub County Total Population accessing safe water Percentage accessing safe water Lurambi 188,212 131,277 69.7% Mumias 115,354 95,018 82.4% west Source: Kakamega County Water accessibility data. y 5.1.13 Sanitation p 88% of the population of the County uses pit latrines as the main type of human waste disposal. Most of them are semi-permanent and in close proximity to water sources. During heavy rains, the latrines Co fill up and the wastes are washed away in the storm water thus increasing the risk of contamination of ground and surface waters. This can have a significant health impact bearing in mind that 53.1% of e x i s t i n g springs in the County are unprotected). Flush toilets are only used by only 1.9% of the population while 5.9 per cent use VIP Latrines. This re trend is generally reflected in the major towns in the county. In the KISIP sites, a large percentage of the population is using pit latrines as the main method of disposing human wastes. Other factors su influencing methods of disposal include levels of deprivation and proximity to a sewer line. Almost the whole of Mjini uses pit latrines (96.7%) while in Kambi Somali, 53% uses flush toilets since they are closer to a sewer line (Soc Eco 2017). lo To manage the pit latrines, de-sludging is undertaken after they get full with the wastes being deposited quite close to the latrines in gardens and drainage channels; thereby increasing the risk of water and environmental contamination. isc 5.1.14 Water for consumption: Quality and the Prevalence of Water Borne Diseases Surface Water quality is generally polluted in the KISIP sites due to improper methods or D inadequate sanitation facilities as well as lack of appropriate solid waste disposal facilities. The level of household access to portable water is still very low and currently, only 5.9% of the Households have access to piped water. Springs are the main sources of water for 41.6% of households, however 53.1% of the existing springs are unprotected. This exposes people to the risk of contracting various water and vector borne diseases. Among them are diarrhea, and typhoid. Malaria is the most common disease associated with water in the settlements, followed by diarrhea and typhoid (see Table 5.6). 5.1.15 Solid Waste Management Two waste collection trucks were purchased for collection of wastes within the In Kakamega County’s Kakamega and Mumias municipalities. They collect waste in a limited area in the urban centres and thus do not reach all the settlements. This leaves communities and individuals to handle their waste in diverse ways including general dumping in backstreets, derelict building, low income areas and open fields. Solid waste in the KISIP sites comprise of organic/ vegetable matter and plastic papers 100 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) among other materials. Organic/vegetable matter takes highest percentage of solid waste composition. Over time, small quantities of solid waste add up to heaps. It is a serious challenge in the settlements. Heaps of solid wastes were observed within the settlement, and some filled up abandoned building structures. Decomposition of the waste leads to air, soil and water pollution. This is a health hazard to both human and livestock. Further, it adversely influences the visual appeal of the settlements- it is unsightly. It has been found to block drainage channels during the rains. In the settlements, solid waste has been disposed in various ways through open dumping, burning, burying among other methods. Open dumping is the most common method used to manage solid wastes in the KISIP sites. An integrated solid waste management system is necessary to meaningfully address this problem. This may include an elaborate collection and disposal system and training in waste handling among y other activities. p 5.1.16 Drainage This is generally poor in all the settlements since most of the roads do not have a drainage system. Co With the exception of Kambi Somali and Mjini where stone/concrete drains have been constructed, all the other sites have un-stabilized earthen drains. In Mjini, the concrete is only in the periphery of the settlement while the rest of the village has earthen drains. In relatively flat areas such as Shibale and Amalemba, poor drainage le ads to temporary flooding re and the possibility of proliferation of disease vectors and water borne diseases. The drainage system in almost all the KISIP sites is poorly managed with the drains getting clogged su by accumulation of solid waste plants growing in them. With regard to management of the drainage system where it exists, the Household/community take a lead role supported by county government in some cases. This is more so in Kambi Somali. lo 5.2 Social Economic Baseline Information isc 5.2.1 Administration Kakamega County comprises of 12 sub-counties, sixty wards, one hundred and eighty-seven villages and four hundred community areas (CIDP 2023-2027). The project sites are administratively located in two sub counties and three wards. Table 6.1 shows the administrative locations of the 5sites D earmarked for KISIP investments as well as the sub counties in which they are located. Table 5.7: KISIP Investment Sites Name of Site Sub County Ward Amalemba Lurambi Shirere Shibale Mumias West Mumias Township Kambi Somali Lurambi Sheywe Mjini Mumias West Mumias Township Lukoye Mumias West Mumias Township 5.2.2 Population The population of Kakamega County was 1,660,651 in 2009, comprising of 48% males and 52% females. It has been growing at the rate of 2.5% per annum. I t is estimated to rise to 2,028,325 101 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) in 2017. In 2009, the population density was estimated at 587.38 persons/square kilometer and is projected to reach 665persons per square kilometer by 2017. The population is largely rural but with growing numbers in urban areas. This is primarily a youthful population whose health, education and employment needs are paramount. It is expected to exert intense demands on facilities and services in the County The population of Kakamega County was 1,867,579 consisting of 897,133 males and 970,406 females with an urban population of 185,331: males being 90,451 and females at 94,880. The population growth was estimated to be at 1.7% (KNBS-2019). Table 5.8: Distribution of Population by Sex, number of Households, sub location and density Name of Sub location Sex Household Density Settlement Male Female Total LUKOYE Mumias Township 10,196 11,052 21,248 6,046 706 SHIBALE Mumias Township 10,196 11,052 21,248 6,046 706 y MJINI Mumias Township 10,196 11,052 21,248 6,046 706 p AMALEMBA Shirere 16,972 16,845 33,818 9,266 1212 KAMBI Town Central 4,896 4,688 9,266 3,195 1212 Co SOMALI Those between 21-59 years are regarded as the most productive age. The older population between 60-100+ are considered less productive in the labour market. Understanding age-productivity re profiles are of critical importance in many areas of economic development. In the Kenyan construction industry, labour is the most important factor influencing the performance of the whole industry since the industry is essentially labour-intensive. Labour productivity is the most crucial su determinant of the contract period of projects and all the consequent time-related costs. Currently the KISIP investment sites exhibit an urban character population characterized by rapid lo population growth that can be attributed to rural-urban migration and high fertility rates. Water supply and sanitation services, waste management, facilities such as roads, health centres, education and training facilities are among many development components that require improvement to meet isc the growing demands of this youthful and urbanizing population. 5.2.3 Literacy Levels There are both public and private schools in the identified settlements. The table below shows the existing D both public and private schools with most of the schools being public. Table 5.9: Literacy levels SETTLEMENT NAME OF SCHOOL TYPE OF SCHOOL AMALEMBA Township Primary Public Township Secondary Public Amalemba Primary Public MJINI Mumias Primary Public Muslim Primary Public Muslim Girls Secondary Public KAMBI SOMALI Pendo Primary Private SHIBALE Shibale Primary Public Shibale Secondary Public St. Joseph Shibale Secondary Private LUKOYE Sheikh Khalifa Primary Public 102 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) SETTLEMENT NAME OF SCHOOL TYPE OF SCHOOL Ball of Kenya ECD Private Kakamega County has 83.6% and 83.3% of its population who can read and write respectively (CGK, 2013). 5.2.4 Livelihoods According to the socio-economic studies done most of the resident interviewed reported of their main source of livelihood being from trade and employment across all settlement identified for upgrade. Lukoye settlement recorded a high number of populations practicing agriculture as a source of livelihood. The businesses done in the settlements are small scales businesses. y Table 5.10: Sources of Livelihoods Identified Trade Employment Agriculture Remittances from Transport Fishing p Settlement children/ relatives and parents. Mjini Shibale Lukoye 60% 31% 44% 26% 55% 29% 6% 6% 20% Co 5% 3% 1% 1% 1% 1% - re Kambi - 63% 34% 1% 1% 1% - Somali Amalemba 53% 35% 4% 3% su Source: KISIP socio-economic survey March 2023. 5.2.5 Income Levels lo Incomes for all the sites are relatively low and mostly ranging from less than Kshs.3000 – 9000 per month. Mjini settlement has the highest number of people earning less than 3000 shillings a month isc while Shibale has the lowest number earning less than 3000 Kenya shillings. There are some people who depend on family relations for sustenance. Since the average monthly household income is relatively low, household expenditure is highly constrained. Kambi Somali records highest number of expenditures at 39%. D 103 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Levels of income and Expenditure Patterns. 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Lukoye Amalemba Shibale Kambi Somali Mjini Less than 3000 3001-5000 5001-10000 10001-20000 y 20,001-30000 30001-50000 Above 50,000 p Figure 5.8: Levels of income and Expenditure Patterns Co 5.2.6 Type and Quality of Housing Infrastructure Most of the residents in the settlements reported of living in one room house (Socio-economic study 2023). Mjini recorded the highest with 60.6% of residents reporting of living in one room house. re Number of Habitable Rooms 70.00% su 60.00% 50.00% 40.00% lo 30.00% 20.00% isc 10.00% 0.00% One room Two Three Four Five Six Rooms Seven Nine rooms Rooms Rooms Rooms Rooms Rooms D Shibale Amalemba Lukoye Kambi-Samaki Mjini Figure 5.9: Number of Habitable Rooms Source: KISIP Social Economic Report 2023. The housing structures in the project area are a mix of permanent houses and semi-permanent temporary houses. From the ESIA household Survey, respondent information shows that most of the houses are made of mud walls, concrete floors, and irons sheets roofing respectively. The information is displayed as per the graph below. Table 5.14: Type of housing structures 104 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Dominant Roof Material 120% 100% 80% 60% 40% 20% 0% Mjini Kambi Samaki Amalemba Lukoye Shibale y Corrugated Sheets Concrete Asbestos Tiles Makuti Mud/Dung p Figure 5.10: Dominant Roof Material 90.00% 80.00% 70.00% Floor Material Co re 60.00% 50.00% su 40.00% 30.00% 20.00% lo 10.00% 0.00% Mjini Kambi Samaki Amalemba Lukoye Shibale isc Cement Earth Other Tiles wood Figure 5.11: Floor Material D 105 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Dominant wall type 100.00% 80.00% 60.00% 40.00% 20.00% 0.00% Mjini Kambi Samaki Amalemba Lukoye Shibale Brick/Block Mud/Cement Mud/wood y Corrugated Iron sheets Stone Wood Only p Figure 5.12: Dominant wall type Co 5.2.7 Land Use and Tenure The average land holding size in Kakamega County is 0.57 ha with the central and southern region having smaller land holdings in comparison with the northern region. The southern and central regions have high populations and this has contributed to smaller land portions after subdivision. Most of the population do not have formal documents for the land they use or occupy and it is re estimated that 61.4% of the population in the County do not have title deeds for the land they use and occupy. This is attributed to the cumbersome adjudication process, poverty and ignorance su among other challenges. Cultural beliefs that dis-allow women to own family land also contribute to lack of such documents especially among the women. While there are many people in the county who live on their ancestral homes, there are many cases of lo landlessness. This arises due to historical injustices, migrations, cultural issues among others (CIDP 2013). isc The situation of land ownership in the KISIP sites conforms to that in the wider County. In settlements such as Shibale and Mjini, a high percentage of residents owned land and they had ownership documents. In most cases though, many respondents to a social economic survey D conducted in 2017 for KISIP did not have ownership documents. Some residents in the KISIP- targeted settlements in Kakamega underscored the need to secure formal documents on land ownership. Table 5.11: Land tenure/Ownership in the KISIP Sites Name of Site % of those % of % of those % of Comments who own those with those land who do Ownership without not Documents Ownership own land Documents Amalemba 19 81 13.3 66.7 Shibale 65 35 32.5 32.5 3.8 of titles under processing 106 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Mjini 77 23 80 - 20(Did not respond) Lukoye - - - - Source: KISIP Social economic survey report, 2017 In Kambi Somali, Amalemba and Lukoye settlements, most of the land has been used to construct rental houses and business premises. For Mjini and Shibale settlements, the land is used to do small- scale farming, to construct rentals and homesteads. The below figure shows the Tenure status in the settlements as per the Socio-economic studies conducted in March 2023. Tenure Status of Respondents 100.00% 90.00% y 80.00% 70.00% p 60.00% 50.00% Co 40.00% 30.00% 20.00% 10.00% re 0.00% su Mjini Kambi-samaki Shibale Amalemba Lukoye lo Figure 5.13: Tenure Status of Respondents isc Source: KISIP Social economic survey report, March 2023. 5.2.8 Road Transportation Infrastructure Kakamega County has a total of 3500 km road network. Of these, 260 km is of bituminous standard D while gravel surface covers 1,701.7 km. Earth surface roads covers 1389.3 km and 149km of the rest. Most roads in the county are not passable although a number of sub-counties have made efforts to have all of them regularly maintained. The status of roads in the KISIP Investment settlements is varied in terms of quality. Most of the 7 settlements have earth roads, often narrow in width with poor or no drainage. There is also no provision for walkways along these earthen roads. The roads get very muddy during the rainy season and render the settlements inaccessible. Kambi Somali is well provided with paved roads, while Shibale has a paved road frontage but the network within the settlement is earth roads which make access difficult. Access to and within the settlements shall improve greatly if the roads are paved and walkways constructed since most users are pedestrians. 107 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.2.9 Gender Concerns As per the Gender analysis conducted for KISIP 2 in May 2022, the findings were that: • Most men lived longer in the settlements compared to women. • Most inhabitants were tenants. • 71% of men as opposed to 66% of females have access to water within the house or compound. • Both Gender is nearly uniform at 67% and 66% respectively accessing health services. • Both males and females have access to transportation services at 91% and 90% respectively. • Both Genders have access to childcare facilities in similar proportions. • Men tend to earn more than women. • More males are employed as casual workers and while women are more in petty trading than men. • More men (65%) than women (62%) indicated that they were able to spend the money earn without consulting partners. y • More men were considered head of household at 91%. • 54% of respondents indicated that domestic violence happens irregularly while 29% though it p happens regularly. • Most of the households earn a monthly income of over kshs.12000. with more male headed household earning 12000 compared to female headed household. Co From the GAP analysis conducted its proper to deduce that despite the vulnerability of the settlement population, more women or female headed households are more vulnerable compared to the male headed households. re Kenya Demographic Health survey (KDHS 2022), Kakamega County 40.1% of women reported of having experience physical violence since age15. Most settlements are in urban centres where sexual violence was reported by 12.8% of the respondents with 5.7% and 5.1% women and men respectively su have experienced sexual violence in the last two months. In Kakamega, 16.8% of women recorded of having experienced sexual violence. During the project implementation, the implementation team should ensure Gender mainstreaming in lo the construction activities of the project. The gender rule of 30% should be enforced during recruitments and put in strategies to encourage more women to access employments and benefits of the project. isc Enforcement of Code of conduct to ensure zero sexual exploitation, sexual harassment and GBV cases taking place should be put in place as this will encourage uptake of Jobs and retention of jobs for women in the identified settlements. D 5.2.10 Health Services Kakamega county has 356 health facilities and 425 community units where it compromises of the following: Level 5: 1 in number, Level 4: 14 in number, Level 3: 56 in number and Level 2: 119 in number. It has also 138 private facilities, 24th faith-based facilities, 5 NGO facilities and 2 affiliated to academic institutions. (CIDP23-2027). 108 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.3 Current Project Area Photographic description Table 5.12: Current project Area Photographic Description Settlement Observations Kakamega County Amalemba p y Amina Salim Street Mohamed Salim Street Co re su Encroachment of Road reserves by structures Water storage tank in Amalemba lo isc D Road Conditions in Amalemba Poor stormwater drainage in Amalemba Field observations:  Amalemba has a large cluster of informal settlements with fairly poor road systems and lighting. The area has a high religious inclination with one major church and a mosque. The population irrespective of a large informal settlement has a fairly medium-income housing sector.  Adequate road corrior with limited encroachments inform powerlines, waterlines and structures.  Stable subgrade, good slope for drainage but with limited outfalls.  Significant erosion along Amina Salim Street alluding to massive storm water transmission along the road.  Water supply is courtesy of R.Yala project and is available to most of the residents. 109 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Sewer trunk sewer are well networked in the settlement Kambi Somali Kambi Somalia Road 1 Kambi Somalia Road 2 p y Co re Unpaved Road section in Kambi Somali Poor storm water drainage su Field observations:  This is hugely a residential area with a number of high-rise apartments. The County government has paved a few major access roads in the area leaving out small chunks of road and other civil works.  lo Sufficient road corridor for the proposed road  Stable subgrade, good slope for drainage.  The streets are poorly lit isc Shibale D Road network condition in Shibale Road network condition in Shibale 110 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Road network in Shibale Encroachment by temporary structures p y Co re Air valve at existing water supply line A shallow well at a homestead Field observations:  Shibale settlement exists near Mumias Town, along the Kakamega – Bungoma Highway and adjacent to su Mumias Sugar Factory. The road network is generally poor with encroachment evident across major access roads. A chunk of the population has opted for individual dug wells as their primary source of water. The main water supply line runs along Kakamega Road and will be instrumental in providing access points for lo secondary lines connections.  Encroachment by powerline, waterlines and structures.  Stable subgrade, reasonable slope for drainage. isc  No feasible outfalls for the visited roads within the settlements and storm water has to be channeled over extended lengths along the road.  Water supply is not sufficiently routed to the area and the existing infrastructure has just but a few access points set-up as household connections and a few water kiosks which are run by private individuals. D  Wastewater in the area is poorly catered for with majority of the population opting for pit latrines and individual septic tanks. 111 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Lukoye Lokoye B4 Road with a water supply manhole at the road Lokoye B3 Road reserve p y Co re Road Network in Lukoye Wastewater drainage into stormwater ducts Field observations: su  Lukoye is located along the Kakamega Road a few meters shy off Mumias Town. The area is majorly a residential area with fairly low-income households. Road network in the area generally comprises of unpaved access roads and streets. Corridor extents are defined but there is evidence of encroachments by temporary structures and hoarding walls. lo  Encroachment by powerline, waterlines and structures.  Stable subgrade, reasonable slope for drainage. isc  A number of newly installed cross and access culverts that will conflict with the required road geometrics for the upgrading works, some will have to be demolished.  There is no existing sewerage system in the projected area. Most of the residents utilise pit latrines and individual septic tanks in afew of the homesteads.  The water supply in the area is purely by the Kakamega-Busia Water Project and has proven insufficient as D it is only accessible to a few households as only two secondary lines exist to serve the community.  A few communal wells are evident as well as one hand well and a decommissioned communal well. 112 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Mjini Access Road Musanga Road (implemented by KURA – staged construction, walkways pending) p y Co re A hand pump in a homestead Unpaved Road in Mjini su lo isc Nature of housing in Mjini Rental Houses in Mjini D Field observations:  Mjini comprises of government leased development blocks which are mostly inhabited by squatters. A few roads have been paved through the county government funding and other stakeholders. The rest of the access roads however remain unpaved and in a poor condition in addition to poor drainages and poor street lighting.  Adequate road corridor with the limited encroachments.  Musanga Road has been implemented by KURA. This will need to be de-scoped and savings allocated depending on the comminity needs.  Stable subgrade, good slope for drainage but drainage will have to be extended beyond the networks for proper outlet.  Poor street lighting conditions within the area.  In terms of water supply a major line exists to serve majority of the settlement however, it has proved insufficient as a few key areas mostly along the Major Sumba Road have no accessibility to clean water. Most residents in this area have resorted to shallow wells with aid of hand-pumping. 113 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 6. STAKEHOLDER ENGAGEMENT AND CONSULTATION 6.1 Introduction Consultative Public Participation (CPP) is an aid to project management. It is a useful tool for gathering local environmental information by understanding anticipated impacts from local people who have lived and understand their environment better. Consultation also gives a chance to the local community to participate in the determination of project alternatives regarding designing and citing viable and sustainable mitigation and compensation plans. The Government of Kenya has an objective of involving communities in policy formulation and implementation at the local level. Further, EMCA requires project proponent to seek the views of persons/communities that may be affected by the project to be consulted, at least explain project potential impacts and obtain oral/written comments, which will be included in the ESIA for implementation by the proponent. In keeping with the Environmental (Impact Assessment and y Audit) Regulations (2003) and the Environmental Management and Co-ordination Act (1999), the views of all stakeholders including the local community of the proposed project site were considered p and included as part of the ESIA report. Co Public consultation in this project was carried out with the following objectives:  Re-scoping of the project-Disseminate information to the public and stakeholders about the project with Special reference to its key components, description, original scope of work, appraised cost, and allocated project cost. Allow community members choose their priority re projects with reference to the allocated costs.  Create awareness to the Settlement Executive committees (SEC) and Grievance Redress su Committees (GRC) on the proposed project.  Gather comments, suggestions, and concerns of the interested and affected parties.  Build Community Consensus and acceptance of the proposed project. lo The purpose for such a process was to identify the positive and negative impacts and subsequently promote and mitigate them respectively. It also helped in identifying any other miscellaneous issues which may bring conflicts in case project implementation proceeded as planned. isc 6.2 Identification of the Public Participants and Approach of Their Engagement 6.2.1 Stakeholder Mapping D Stakeholders are persons or groups who are directly or indirectly affected by a project, as well as those who may have interests in a project and/or the ability to influence its outcome, either positively or negatively. Stakeholder mapping is done to understand the interest and influence of different stakeholders in the project and their varied expectations. Stakeholder consultation will begin in the pre-construction phase and throughout the project cycle. Categories of stakeholders in the project area encompass: Project- Affected Parties – these are individuals, households, businesses, and institutions affected or are likely to be affected by the Project i.e., residents of the selected settlements within Kakamega County, PAPs, business owners, county officials and administrators. Other. Interested Parties or Stakeholders: individuals/groups/entities that may not be direct beneficiaries but who consider or perceive their interests in the project and the process of its 114 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) implementation in some way (government entities, political leaders, County Government officials, KISIP National Project Coordination Team); and Vulnerable individuals and households : persons who may be disproportionately impacted or further disadvantaged by the project (s) as compared with any other groups due to their vulnerable status, and that may require special engagement efforts to ensure their equal representation in the consultation and decision-making process associated with the project, and they equally take advantage of the project's benefits and opportunities. To ensure effective and continuous stakeholder engagement, the Contractor is expected to develop and implement the stakeholder management plan in the pre-operation, operation, and decommissioning phase of the project. Table 6.1: Summary of stakeholder identification and analysis. Institution Stakeholders Engagement Purpose of Level of y Strategy Engagement Engagement National  County commissioner Correspondence by  Disseminate project High p Government  Deputy County Phone / email / text information to Commissioner messaging, One-on- government officials. Co  Assistant County one interviews, Formal  Invite stakeholders commissioner meetings, Workshops to meetings.  Chief  Collect relevant  Assistant chief. information. National  National Agencies such as Correspondence by  Disseminate project Moderate Government NEMA, WRA. Phone / email / text information to re  KISIP National office messaging, One-on- government officials. one interviews, Formal  Invite stakeholders meetings workshops to meetings. su  Collect relevant information. Political  Members of the Formal meetings  Disseminate project Moderate Stakeholders Parliament information to local lo  Member of the County political leaders and Assembly county assembly  Women representative representative· isc Invite stakeholders to meetings. County  County governor Correspondence by  Disseminate project Moderate Government  County executive officials Phone / email / text information to  Ward admins messaging, One-on- county government D one interviews, Formal officials.  Public Health meetings workshops  Invite stakeholders Department,  AIDS control department. to meetings.  Sub-County administrator office.  County revenue department  Water department Community  PAPs Community Barazas.  Dissemination of High Members  Women Questionnaires, One project information.  Youth on one interviews, Perception and fears. Notices on notice Community wishes  Clan elders boards at accessible   SEC members spaces / places, Phone  GRC members calls and SMS where applicable. 115 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Institution Stakeholders Engagement Purpose of Level of Strategy Engagement Engagement NGOs/CSOs  Church organizations Correspondence by  Disseminate project Moderate  HIV/AIDS programs Phone / email / text information,  Child fund messaging· One-on-  Community support, one interviews· Formal  Assist in community  (various organizations and meetings sensitization contact persons to be identified) Kenya Police  CIPU commander Correspondence by  Disseminate project High Kakamega  Officers at police front Phone / email / text information, County desk messaging· One-on-  Invite stakeholders one interviews· Formal to meetings meetings Local Media  Contact persons in local Correspondence by  Disseminate project Low newspapers, local FM Phone / email / text information stations community radios messaging· One-on- to be determined one interviews· Formal y meetings p 6.3 Approach and Methodology As part of the ESIA process, stakeholder consultations were undertaken in accordance with the Co EMCA and World Bank requirements. The consultant employed various methods in engaging different categories of stakeholders. These methods include face to face discussions, formal meetings, and focus group discussions with settlement Executive Committ ees (SEC) and GRC committees constituted by KISIP County office. re Mobilization was done through the CPCT, Settlement executive Committees and Settlement Grievance Committees. Despite engagement of the SEC and GRCs, mobilization was done deliberately to enough representation of women, people living with disabilities and the elderly. The su SEC chairs were informed of the number of the vulnerable groups to be mobilized to ensure representation. The meetings were majorly conducted in the community social halls which are easily accessible and transport allowance offered to all present with those abled differently given a higher lo allowance. The entry point into community discussions was the Settlement Executive Committee (SEC) isc constituted by KISIP to coordinate its various activities at that level. In each of the settlements, the consultant technical and ESIA team held an engagement meeting on re-scoping of the project description against the available funds. The participants were engaged in Swahili language to enhance D consensus and acceptance of the Project. The meeting objectives considered community priorities and community views about their needs in terms of infrastructure as well as any issues of environmental and social concern and how they should be mitigated. They also gave their input about the potential benefits of the proposed infrastructure, their current challenges and any anticipated dis- benefits of the proposed project. The minutes of the meetings held and photographs taken during stakeholders’ participation have been attached. Generally, the stakeholders were in support for the proposed program implementation, appreciating its potential benefits. 6.4 Public Participation meetings The initial public participation meetings were held between 5th and 9th October, 2017, and the minutes are under annex V of this report. The following is the feedback given by the project beneficiaries/residents: 116 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Table 6.2: List of Issues/Comments that Came out of the Public Consultation Meetings Name of Comments/things to be taken into consideration during implementation Settlement Amalemba  Solid waste collection facilities should be constructed along the main roads;  What happens to the riparian reserve?  Roads lacked a drainage system;  Area needed a sewer connection for each household since there was adequate water;  Solar lighting more appropriate to deal with cases of power break outs; Will there be compensation for any affected properties? Road width/reserve should be adequate also for drainage which was most important;  Likely breakage of water pipes during construction its impact on the residents;  Rich and poor residents should be treated equally during road construction. y  Employment opportunities should be availed to the local people; Waste management will require many collection centres served by the County government p  Project should be branded as a World Bank Project to ensure politician don’t claim ow nership. KAMBI  The existing sewer system is not adequate for the current population and requires upgrading Co SOMALI by KAWASCO);  Existing drainage is inadequate therefore the drains fill up easily during the rains with some fatalities reported in the past;  Solid waste in the settlement is a menace and in some cases, it has even been deposited in mosque compounds. re  Sites for construction of solid waste collection centers are required. Can they be done on road reserve?  Foot bridges needed to link roads within the scheme; su  Access to existing business premises to be provided through culverts;  Local peoples should be given jobs by the project during construction and operation phases; employment; lo  Community needed to be involved more during project implementation and they therefore recommended formation of units in the settlement to raise concerns when need be;  Existing infrastructure (e.g. water pipes, fences etc.) destroyed during sewer construction isc should be restored/ reconstructed. Mjini  Locals should be given jobs arising from the KISIP project; Care should be exercised during implementation to avoid possible destruction of buildings;  Waste should be disposed of far from town; D  Project should secure a good contractor;  Roads should be 9 metres wide and have speed bumps in order to ensure safety of children;  Culverts should be installed to improve access to people premises/businesses; Waste bins should be supplied to homes/ plots while solid waste should be recycled. 117 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Name of Comments/things to be taken into consideration during implementation Settlement Shibale  Residents requested installation of a sewer system. Ponds may not be constructed but a bio- digester can be constructed;  Area suffer typhoid outbreaks/incidences;  In Angola-a part of the Shibale settlement, there are no water kiosks. Residents buy water from neighbors at 5/= per jerrican. There are some roads in the settlement without water lines;  Some children in Shibale attend school on the other side of Nzoia River. When it floods, access to school is impeded;  It is important to establish the effects of sewer in houses;  Trees may be cut and houses affected during construction. People need early sensitization to avoid conflict; Land issues need early sensitization. y During the update of the ESIA, Public participation meeting with Kakamega County KISIP team was p held at Magharibi Hall on 13th Feb 2023. The total number of individuals who attended the meeting was 28, out of which 18 were male and10 females. Co The objective of the meeting was to present to the Kakamega KISIP County team the original scope of work, appraised cost and cost allocated to implement the project. Public participation meetings were also conducted in each of the selected settlements. The purpose of the meetings were to allow the community members identify priority projects that would fit the allocated costs and would be most re beneficial to the project. The community members were advised to identify projects in areas that had no RAP concerns emerging. The project team confirmed that the project components would as much as possible, fit within allocated public land and wayleaves. su The table 6.3 below summarizes the details of the meeting and gender representation; Table 6.3: Summary of meeting attendance in ESIA review and update lo Settlement Date Location Total Male Female Disabled Widows Elderly Female No. representati representati house attenda on on isc heads nts Amalemba 14th Feb, Kakamega 61 39 22 1 1 1 2 2023 Social Hall Kambi 14th Feb, Magharibi 40 27 13 1 1 2 3 D Somali 2023 Social Hall Lukoye 15th Feb, Amazon 39 23 16 1 1 1 2 2023 Garden Hall Shibale 15th Feb, Christ 44 27 17 1 1 2 1 2023 Visitation Church Mjini 15th Feb, Mumias 43 26 17 1 1 1 1 2023 Municipal Hall Total number of participants in 227 142 85 5 5 7 9 the county 118 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Key points that were tabled to the SEC and GRC members included the project details, original scope of work, appraised costs for the proposed facilities and the cost allocated for the project. The minutes and list of attendees is on Annex VI of this report. It has been demonstrated successfully that projects that undergo public participation will acquire a high level of acceptance and accrue benefits to a wider section of society. All community members including vulnerable groups i.e., the youth, men, women, and persons living with disability were represented in the identification of priority projects. 6.5 Perceived Impacts of the proposed project. Further to the consultative meetings, the community SEC and GRC members raised the following as the anticipated impacts of the proposed activities.  Improved Transport  Improved Security y  Creation of Employment opportunities. p  Ease of access to community amenities.  Increase accessibility to portable water.  Solve drainage and sanitation problems in the area.  Increase in business opportunities. Co A key highlight from the respondents was the availing job opportunities to the youth within the county. re 6.6 Key Concerns Highlighted during the review exercise Following the consultative meetings the concerns raised by the respondents were highlighted in table 6.4 below; su Table 6.4: Stakeholder consultation concerns Settlement Issues/Concerns Raised lo General  The consultant to consider electricity against Solar powered street lighting to provide a wider comment lighting coverage. Kambi  isc Sewer system is a significant concern in the area and should be a prioritized. Somali  There is no public land for putting up an ablution block in the area.  Bad road networks within the settlement Lukoye  Roads are in poor condition D  There is a lack of sanitation facilities like ablution block  High insecurity concern  There is shortage of water supplied in the area Amalemba  There is need to rehabilitate existing sewer line  Roads are in poor condition  High insecurity concern Shibale  High insecurity concern in the area hence the need to have flood lights.  Water kiosks should be considered to solve the water shortage in the community.  Settlement had very many bad roads that were not accessible during rainy season. 119 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Settlement Issues/Concerns Raised Mjini  Masanga road should be considered the priority project since it will serve majority of the community members.  Streetlights should be implemented on the selected road due to insecurity in the area.  The community did not need a water kiosk instead a water supply system should be installed to distribute water to 100 plots since 37 plots in the community are already connected to a water supply system 6.7 Summary of the Public Participation Exercise The main emerging issue raised following the review and updating exercise was the high insecurity concern that was raised in Lukoye, Amalemba, Shibale, and Mjini settlements. The other concerns raised were captured in the initial ESIA report; low accessibility to potable water, poor roads conditions, poor sewer and drainage systems and consideration of the youth from Kakamega County for the construction jobs once the implementation phase begins. y 6.8 ESIA disclosure and Public Participation meeting p It has been demonstrated successfully that projects that undergo public participation will acquire a Co high level of acceptance and accrue benefits to a wider section of society. The ESIA team conducted a Public and stakeholder disclosure meeting in Kakamega Social Hall Targeting Kambi Somali and Amalemba Residents and at Mumias Cultural centre targeting Shibale, Mjini and Lukoye settlements. Table 6.5: Public Disclosure meeting dates and representation re Settlement Date Locati Total Male Female Disabled Widows Elderly Female on No. represen represe househeads attenda tation ntation su nts Kakame 22nd June Kakam 54 31 23 3 3 4 5 ga 2023 ega Social lo Hall Mumias 22nd Mumias 71 42 59 4 6 7 6 June Cultural isc 2023 Centre 6.8.1 Key Concerns Highlighted during the Public Participation Exercise. D Following the consultative meetings, the concerns raised by the respondents were highlighted in table 6.6 below; Table 6.6: Stakeholder consultation concerns Issues/Concerns Raised Comments Contractor should give  The sociologist assured the community members that priority will be given priority to locals during to the locals during recruitment process.100% of unskilled labour will come recruitment of employees from the locals and 70% of skilled labour will also come from the local community Contractor should in  Consultant’s engineer said that opinions of the community members has cooperate opinions of the been put into consideration in the design processes and in case of review locals in the design design a participatory methodology will be taken. 120 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Issues/Concerns Raised Comments Those who had encroached road  The SEC and the GRC members are to ensure that all PAPs who had been reserves should vacate and allow facilitated to relocate have relocated before the start of the construction for the project to be phase of the project. implemented. Vandalism of street lights  The area MCA for Amalemba stated that the government will take stern action on anyone found vandalising public property. Beacons to some of the plots  The county surveyor and KISIP coordinator asked those affected to cannot be traced approach the SEC and GRC chair for the beacons to be reinstated. Roads to be constructed  The consultant engineer said that the roads to be constructed have should have NMT and provision of NMT and drainage facilities in the design drainage facilities Compensation of the affected  The Sociologist stated that an expert from public works will be engaged to y if the Contractor’s destroys assess the status of the house and determine whether it is eligible for private property compensation or not p The Contractor being awarded  This was noted and the contractor will be needed to have CESMP and proof Co the project to be made aware of how he will manage all environmental and social risks that has been of ESS risks and ensure no identified. harm is committed to the community Ensure continuous  The participants were assured of constant and ongoing stakeholder re Stakeholder Engagement engagement through the phase of the Construction during the project implementation process su PAPS should be notified early  The sociologist assured the locals that disclosure of every phase of the before demolitions project will be done lo Shibale PAPs have not yet  The Sociologist stated the RAP process would commence soon and 2017 been identified list of PAPS will be used to identify eligible PAPS and revise the isc entitlements. It should be clarified whether  The county surveyor said that official government maps would be used to the surveyors will use maps to identify roads identify roads or rely on guidance of community D members It should be clarified whether  The sociologist stated that a qualified valuer would be engaged to do valuation of property will be valuation of property done through mutual consensus with the community members Some scope of work selected  The KISIP Coordinator said that KERRA and KURA have to give a formal to be done under KISIP may communication to the county government on the areas and works they plan be done by KURA or KERRA to carry out for the KISIP2 scope of work to change 121 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7. IMPACTS IDENTIFICATION AND MITIGATION 7.1 Benefits/Positive Impacts of the Project The overall positive impact of the project will be an improvement of the critical infrastructure in the informal settlements thus enhancing the quality of life of the residents. The County Government of Kakamega will also be a beneficiary in terms of achieving its goals and objectives as articulated in the CIPD with regard to improving the living conditions of the residents. The following are some of the anticipated benefits. 7.1.1 Enhancement of the Aesthetics of these Settlements The proposed improvements in the respective sites in access roads and drainage, solid waste management, water supply, sanitation, and management of open public spaces will redress the prevailing conditions of poor solid waste management that includes open burning, littering and y dumping in undesignated zones; water logging, s blockage of drains, leaking/over flowing sanitation facilities among others. p 7.1.2 Reduction in Environmental Pollution Co The existing scenario of poor or lack of appropriate disposal facilities thus leading to discharge of effluent, solid wastes, waste water and in some cases human fecal matter into the environment will be reduced by the project interventions. In addition, erection of drainage structures will significantly reduce ponding which makes access to people’ s houses as well as creating stagnant pools of water will be achieved. Environmental pollution leads to contamination of soils, water (surface and ground) re which in terms impacts on human health. su 7.1.3 Soil Erosion Control Unpaved roads especially when used by a high traffic can lead to soil erosion, often increasing sediments in nearby surface waters. Paving of these roads and footpaths, as well as constructing lo adequate drainage will play a critical role in reducing the vulnerability of land to soil erosion within the settlement. isc 7.1.4 Optimization of Land Use As part of the design of the proposed investments, planning and mapping of existing infrastructure has been done. In addition, the design and alignment of proposed truck infrastructure (roads, drainage, and sewer line will to a large extent reclaim road reserves/way leaves that had been encroached upon D besides creating awareness about public utility lands among the residents who in turn will be in a position to prevent future encroachments. The proposed investments will also add social economic value to these settlements as well as opening up them up for increased socio-economic activities. 7.1.5 Resolution of Land Tenure Issues The planning process will help to some extent affirm land tenure security for the residents which in turn enhances its sustainable use and livelihoods. Reclamation of public land and establishments of public utility spaces will encourage socialization and recreation opportunities. Tenure in Kakamega is both public land and private land. However, the right of way is under public land. No private land is to be acquired. 122 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.1.6 Access to Quality Portable Water The proposed extension of water supply will be a big benefit who some of the residents who can easily access a reliable supply of quality water. The water will be supplied through water kiosks and will help achieve the objectives of the County Government in achieving SDG 7. An increased supply of water for domestic use enhances general hygiene at the household level and helps reduce/prevent incidences of water borne diseases such as cholera, typhoid, dysentery and diarrheal diseases. These diseases often take a toll on residents especially children resulting into death in some cases. The project intervention will also help reduce the length of time taken to fetch water especially thereby allowing those affected especially women to have more time to engage in other productive activities. 7.1.7 Street Lighting Installation and rehabilitation of street lighting including set up of high security lighting masts will help enhance security and mitigate against crime thereby addressing one of the major problems in informal y settlements. Improved visibility will also extend the hours of undertaking socioeconomic activities thereby enhancing livelihoods. p 7.1.8 Improved Sanitation Co Construction of the proposed sewer lines and connecting them with the existing sewers in the neighborhoods will help address the problems of water pollution, spread of water borne diseases, foul odors and general environmental degradation. The proposed works are expected to draw human wastes from the public toilets, thereby easing the management of such facilities (mainly done through re pumping out with the wastes removed from one area to another) thereby just transferring the problem. In general, this will improve public health within the settlements. Proper waste management will mitigate against contamination of water resources (surface and ground) reducing prevalence of related su diseases. Proper maintenance of drains will also mitigate water logging and stagnation mitigating related effects like malaria outbreaks e.g. controlling mosquito breeding. lo 7.1.9 Accessibility Improvement works on the paths and road will ease movement within the settlement thus enabling isc quick response to distress calls, emergency and security matters. Better access routes also ease the movement of people and goods enhancing economic opportunities. Improving access routes will also help minimize vehicular traffic congestion. D 7.1.10 Provision of Jobs and Income Generating Activities Casual labor required during project implementation will be given to the residents and especially the youth. Further, community members will get an opportunity to sell their commodities such as food, and other household goods to the construction workers. The traders within the settlements will have more consumers which will improve their income and livelihood. 7.1.11 Improved Capacity for the local youth Through training, apprenticeship and awareness campaigns, the youth and other members of the community gain information on road safety, waste management, GBV, Sexual harassment among others, will not only improve the chances of an individual to gain future employment, but it will improve the lives of the community members who will be able to choose safer, more sustainable, moral and beneficial lives which will improve their lifestyle. 123 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.2 Potential Adverse Impacts of the Proposed KISIP While there are many positive benefits to be realized once the project is implemented, potential adverse impacts are also likely to occur and these can lead to the non-realization or reduction in the social economic benefits of the project. This section analyses the potential adverse impacts through the four phases of the project cycle (planning and design, construction, operation and decommissioning). The anticipated impacts have been assessed for their significance. 7.2.1 Negative Impacts during Pre-Construction Phase 7.2.1.1 Loss of Structures This is commonly associated with resettlement or loss of structures. The project area is within settlements whose inhabitants will lose their structures paving the way for the proposed project. There is no anticipated resettlement Impacts in KISIP intervention sites in Kakamega. ARAPs for y Amalemba, Kambi Somali, and Mjini had been approved for implementation while those for Lukoye p and Shibale had not been approved. However, with rescoping of works, no relocation/Displacement of persons is anticipated in Lukoye and Shibale as the design proposed has utilized the existing right of way. Mitigation  Co Adequate notice to be issued to paps where resettlement implementation had been completed to relocate. re  Grievance redress mechanism guided by the approved grievance redress strategies to assist in solving disputes and issues that may arise from the proposed project. su 7.2.1.2 Loss of Land This will happen as a result of leasing or allocation of land for Contractors facilities and workers camp lo Mitigation  isc Ensure implementation of agreements for use of land and restoration entered between the Contractor and the settlement people.  Grievance redress mechanism guided by the approved grievance redress strategies to assist in solving disputes and issues that may arise from the land lease agreements D 7.2.1.3 Impact on Physical Cultural Resources Physical Cultural Resources are resources of archaeological, paleontological, historical, architectural, and religious (including graveyards and burial sites), aesthetic or other cultural significance. Information gathered from key informed people and elders confirmed no graves and cultural sites within the proposed quarry. However, other sites might be underground or not identified; as such, the Consultant has proposed chance find procedures if the Contractor discovers archaeological sites remains and objects, including graveyards, and /or individual excavation or construction. Procedures to Address Chance Finds To avoid damaging cultural resources during project activities, the following will be followed; 124 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Project personnel must take total care of any unfamiliar materials encountered during project activities. Upon establishing a discovery, the personnel must immediately report the case to their immediate supervisor  The contractor or officer supervising the project would report the finds to the local administration such as the local chief or the Assistant County Commissioner (ACC).  The local administration would then report the find to NMK  The contractor must stop work immediately after discovering evidence of possible scientific, historical, prehistoric, or archaeological data and notify the Resident Engineer giving the location and nature of the finds  The client; the County government of Kakamega through CPCT will then notify the NMK, which will have to send qualified personnel to assess the material for further steps  NMK would temporarily stop the works to conduct an assessment and prepare a report. The y period of stoppage is from 10 days to 21 days depending on the complexity of the project; Retrieve movable artifacts and preserve immovable ones; p  NMK would also map out the area to be preserved during the investigation period and arbitrate between the community and developers in the event of dispute; 7.3  Co NMK to circulate the cultural impact assessment report to the developer, NEMA, relevant lead agencies and the community. Construction Phase re 7.3.1 Positive Impacts during Construction Phase 7.3.1.1 Local Employment su With the construction of the proposed project, employment opportunities are anticipated for both skilled and unskilled labour which the Contractor should exhaustively source locally before outsourcing to ensure the local community fully benefits. lo 7.3.1.2 Local Sourcing The construction of the proposed project will create market for construction materials sold locally isc including cement, PVC pipes, sand, ballast, beams others leading to economic boost in the project area. 7.3.2 Negative Impacts during Construction Phase D 7.3.2.1 Production and raising of Dust Dust from trenching and excavation activities during the construction of roads, drainage, water pipeline extension as well as the sewer line generate dust especially when done during the dry season can be a nuisance and can also lead to respiratory diseases especially in children and complicate matters for people who already have respiratory problems such as asthmatics. Dust clouds will also be common during this period and until the roads are upgraded to better standards. In addition, generation of dust and particulate matter can also occur off site during the borrowing of construction aggregate such as gravel, sand and marram among others. These impacts are however limited and confined only to this phase and can be easily mitigated. These are therefore considered not significant. Vehicular traffic ferrying construction materials can also increase the dust levels affecting the residents adversely. 125 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) This impact is considered high risk as it may result in the stoppage of works by the host community in order to have their grievances about the dust heard. Uncontrolled raising of dust will result in increase of acute respiratory illnesses that is considered medium risk to the project. Mitigation  Regular sprinkling of water on roads under construction will be done by the Contractor.  Staff deployed in activities that generate dust (trenching, backfilling, excavation) and who are directly affected should be provided with dust masks which they should wear at all times when on duty. They should also wear goggles to protect their eyes.  Speed limits to be adhered to by the contractor employees to reduce the chance of dust raising  Create awareness, especially to business owners and residents living near the construction area to use masks to protect themselves from the dust being produced. y 7.3.3 Air Pollution p Use of different plant, machinery, equipment and vehicles during road construction can lead to an Co increase in air pollution mainly from combustion of fossil fuels. The problem is compounded when the machinery being used is not well serviced. Foul smell may also emerge from the waste piles and also the stagnant waters which may also increase the risk of water borne diseases. Air pollution will worsen health conditions for those that already experience respiratory illnesses which is considered medium risk. Production of the greenhouse gases (GHGs), however in low quantities, contribute to global re warming, but the length and scope of the project classifies this risk as low risk. Mitigation su  Ensure that all machinery being used are well serviced. In addition, construction camps should be sited a bit far from dense human settlements.  lo Conduct quarterly air quality analysis within the project to assess the air quality in comparison to the baseline air quality assessment initially tested.  Reduce the number or privately driven project vehicles and opt for buses or vans that transport isc more people from the camp to the work fronts.  Create awareness among the drivers and equipment operators to ensure that the vehicles and equipment are switched off whenever they are not in use. D  Use clean fuel from reputable fuel providers. Adulterated fuel can cause more pollution as its combustion is impacted. 7.3.4 Excessive Noise and Vibrations Excavation, drilling and movement works will generate noise and vibration nuisances at varying magnitudes in the different sites depending on the nature of activity. These nuisances are mainly localized be it on site or off site. Heavy machinery use is also likely to generate the same nuisances which could exceed normal levels in the neighborhoods thereby causing discomfort and disruptions. Noise and vibrations if very high can lead to hearing impairment while poorly erected structure may also be affected by such vibrations with the possibility of collapse. The proposed project is however not expected to generate noise and vibrations that can lead to hearing impairment to the residents but could affect those operating the machines and equipment generating the noise, and possible introduce cracks on the walls of structures near to the material sites. 126 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) During the borrowing of materials for construction (murram, gravel, stone), heavy machinery will be used and this is likely to also have offsite impacts of noise and excessive vibrations. Mitigation measures to avert impacts should include use of ear sound mufflers in zones where loud noise is predicted both by the locals and workers. Mitigation Measures  Ensure the machines/ engines are in proper working conditions; regular maintenance;  Provide the plant/machine operators with ear muffs and enforce their wearing;  If generators are being used in camps or nearby settlements, ensure the generator houses are fitted with silencers through double walling;  Ensure all people accessing the site have appropriate ear protection PPE;  Ensure that operations that generate noise start at 6am and close by 6Pm;  Ensure borrow sites are as far as possible from human settlements. y 7.3.5 Soil Erosion p Soil erosion may result from excavation works, movement of heavy machines (on site and off site) Co and removal of vegetative cover prior to construction activities. Silts carried from eroded surfaces contaminate adjacent water surface water bodies. Mitigation  Sprinkle water during the excavation works to reduce erosion vulnerability. re  Undertake selective clearing of vegetation cover especially indigenous trees.  Use excavated excess soil to fill open pits within the settlements; su  Design appropriate and adequate drain canals to contain the surface runoff;  Backfill all trenches dug during construction;  Cover excavated soils with appropriate material to reduce their exposure to erosion agents; lo  Decommission all borrow pits;  Local material and vegetation should be given priority during the landscaping to mitigate possible isc introduction of invasive alien species. 7.3.6 Loss of Vegetative Cover Construction activities may lead to loss of vegetative cover which in turn leads to other impacts such as D loss of biodiversity, aesthetic appeal, soil erosion and siltation of water bodies. While the proposed sites are already disturbed, care should be taken to minimize loss of vegetative cover. Mitigation  Carefully consider what vegetation cover to remove avoiding as much as possible indigenous trees;  Landscaping of sites should integrate revegetated using suitable trees, shrubs etc and especially those are that locally adapted;  Avoid alien invasive plants  Encouraging residents to beautify the sites/increase vegetative cover as appropriate 127 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.3.7 Loss of Aesthetic Appeal Construction activities disturb the status qua with the potential to loss of the aestheti c appeal as construction materials are stock piled by the road side; debris and other solid wastes are generated; vegetative matter is removed among other adverse impacts. Stagnant pools of water may also be seen especially during the rainy season. In the case of the proposed activities, public consultation meetings revealed that development of road and drainage infrastructure may affect existing septic tanks which were constructed on road reserves. This can have very serious impacts as the grey and black water could collect in the trenches being dug. Mitigation  Ensure that all construction wastes are collected from site and disposed of appropriately;  All disturbed areas are restored;  Landscaping as appropriate is undertaken. y  Use screens where possible to shield the community from the construction activities. p 7.3.8 Impacts on Climate Change Co An increase in air pollution within the project area will contribute to the increase in GHGs within the project area’s atmosphere. Although the impact may be seen as minimal, any action towards reducing the emission of GHG gases and capitalizaing on climate change adaptation measures, aligns to the National goal and the guidelines of the Kyoto protocol which Kenya has ratified. Mitigation re Similar to the mitigation measure against air pollution, strategies that will mitigate the release of GHGs include; su  Ensure that all machinery being used are well serviced. In addition, construction camps should be sited a bit far from dense human settlements. lo  Conduct quarterly air quality analysis within the project to assess the air quality in comparison to the baseline air quality assessment initially tested.  isc Reduce the number or privately driven project vehicles and opt for buses or vans that transport more people from the camp to the work fronts.  Create awareness among the drivers and equipment operators to ensure that the vehicles and equipment are switched off whenever they are not in use. D  Use clean fuel from reputable fuel providers. Adulterated fuel can cause more pollution as its combustion is impacted. However, given that Climate change adaptation measures are paramount as part of Climate mainstreaming within the project, the contractor should;  Use sustainable measures to extract materials for construction that will not contribute to an increase in soil erosion. This includes not extracting material from hill slopes, reduce the slopes of quarries, and adopt planting of grass or trees or use stone pitching to hold soil together among others.  In the design, the size of the drains, type of materials selected to be used, and topography of the area, Natural River and stream channels should all be considered before the project is implemented. 128 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Having relatively polluted area due to dust and pollen, the contractor should increase awareness of among the employees on the possibility of having respiratory illnesses triggered, and should ensure that all persons undergo pre-employment medical examination in order to identify and protect persons with increased sensitivity in their respiratory systems. 7.3.9 Disruption of Normal Life in the Settlements Business may be significantly affected especially that movement of their goods through the already congested roads, will be worsened due to the presence of project vehicles and equipment, and an influx of workers. Increase in noise levels, dust production, waste production, water use conflicts may result in significant social issues that will be raised by the community. Mitigation  Increasing awareness to the population on the expected project scope, its duration, impacts and y mitigation will help in managing their expectations and prepare them for short term disturbance. Listening to their suggestions on how to alleviate this to make their work easier and implementing p their suggestions as far as reasonably possible will ease the transition pre-project, during project, and post project in terms of disturbance.   Co Avoid any natural resource use conflicts but working with SEC and CPCT to identify the most suitable material sources. Ensure that the grievance redress mechanism is robust and implementable through the course of the project. re  Involve the community members in decision making whenever possible, such as in management of labour. Reduce the number of migrant workers into the project unless it is very necessary. su 7.3.10 Increase in Respiratory Diseases: Dirt from dust cloud can cause respiratory complications whiles also affecting cleanliness and lo hygiene within these settlements e.g. di rtying cloths and contaminating foods etc. Traffic congestion: Automobile traffic is expected to rise significantly due to movement of raw materials (road construction and any other) from source, as well as the movement of wastes from isc the sites; in addition to the normal traffic. Movement of heavy machinery for road construction (excavators and graders) is expected to affect the movement within these settlements. Various works such as excavations and closure of access routes being constructed will affect the smooth flow of D traffic. Mitigation Measures:  Minimize potential sources of causative factors, for example, ensure dust minimization during the construction phase through sprinkling water regularly;  As much as possible, meticulously identify in collaboration with the residents’ location of septic tanks to minimize destruction and leakage during the construction phase;  Evacuate septic tanks before construction commences;  Provide alternative vending platforms for traders whose business premises would be affected by the construction of infrastructure in the neighborhood. These can be identified in consultation with the residents and the SECs in each informal settlement; 129 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Ensure that excess excavated materials/construction debris (not used for backfilling) is not dumped on public access routes but is removed as it is generated to another carefully identified location (could backfill existing quarries);  Manage traffic in and out of the settlements during the construction phase continuously to avoid unnecessary traffic jams especially that caused by closure of sections of the roads during that phase. 7.3.11 Water Contamination and Water Quality Degradation Surface water especially open streams are at risk of contamination, siltation and degradation by soils, spillages and waste discharges. These impacts will be onsite and may also extend to offsite if appropriate mitigation measures are not employed. During the improvement works there is potential risk of water pollution as a result of leakage from sanitary and liqu id waste holding/septic tanks facilities. Oils and greases from fueling, servicing and maintenance of vehicles, plant and equipment, y as well as storage facilities could be washed away into rivers and streams contaminating them. Ground water resources especially in shallow wells might also get contaminated due to seepage and leaching. p Water contamination by leaking septic tanks can spread water borne diseases. Polluted stagnant waters Co also emit foul stench compromising human comfort. In addition, construction wastes/debris if not disposed of properly may pollute water resources. Mitigation Measures To prevent water contamination and quality degradation, the following measures will be employed: re  Implement measures proposed above to contain the problem of soil erosion;  Map all the septic tanks that will be affected by road and drainage construction; exhaust the septic su tanks before works commence and construct adequate public toilets for use as an alternative during the construction phase;  Put measures in place that ensure in the future people are not constructing septic tanks on the lo reserve which could lead to a repeat of the problem in the future during road maintenance;  Where sewer lines will be done as part of the KISIP improvement activities, ensure that they are isc clearly mapped/marked and communicate the same to the residents to avoid future problems;  Ensure appropriate management of oils and greases used in the plant and machinery to avoid spillage/overflows. In addition, if oils and greases are to be stored, this should be on an impervious surface that is bunded to contain any spillage/overflow; D  Have appropriate measures in place for storing and managing used oils;  Solid waste, another contaminant of surface waters should be managed effectively through regular collection, reuse, recycling. Waste segregation should be promoted at the household level;  Ensure that activities that can potentially contaminate water are undertaken away from surface waters and any other water points;  During the construction phase, the risk of water contamination may be increased, therefore, there should be a campaign to make residents aware of the need to boil/treat water before drinking. 7.3.12 Occupational Health and Safety Impacts Trenching and excavation during infrastructure development creates pits and trenches which are potentially dangerous to people and animals if they fall into them. Such areas should be marked with 130 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) a red tape to communicate to people of the potential hazards. Due to the high density of people in these settlements, there is need to create awareness on the potential dangers. Other occupational and safety impacts may arise from accidents while operating machinery and equipment, construction activities, respiratory diseases arising from dust inhalation during road and other construction activities, exposure to loud noises/vibrations and fires. Accidents can also occur as road construction workers are hit by vehicles while doing their work. Mitigation measures  Caution signage should be erected at strategic points within the settlement to alert motorists and pedestrians of potential risks;  Construction workers on roads should be fully kitted (reflector jackets, heavy boots, and helmet, gloves) full time whenever engaged in roads construction activities;  Brief construction workers about protocols to be observed while deployed at work; y  Excavated areas and trenches should be barricaded off and fenced to control access and minimize physical hazards such as falling into ditches/trenches and especially for children. p  Well serviced fires fighting equipment e.g. extinguishes to be provided/ strategically positioned Co in road construction camps;  First aid kits on site to be provided and readily accessible;  Ensure there are well trained first aid givers on site;  Follow other requirements of OSHA as stipulated such as having a register of all incidents re and documenting all such incidents, registering any places where works will be undertaken among others. su 7.3.13 Traffic Accidents Vehicles ferrying road construction materials to the sites can lead to increased road accidents. Improved and tarred roads also always lead to motorists driving at high speeds which can lead to lo increased incidences of accidents. This problem is compounded by the high human traffic within the targeted settlements. Death and injury can result from such accidents especially of children. isc Mitigation  Set speed limits for residential zones should be adhered to and where necessary be reviewed to suit the circumstances; D  Erect road signage indicating allowed speed limits especially near high human traffic crossings, schools and institutions;  Manage traffic in the settlement during the construction phase in collaboration with the relevant agencies;  Plan a schedule for material supply to the site during hours that pupils are in classrooms to minimize accidents;  Ensure all the drivers serving the site are sober and not under any substances influence.  Brief drivers, plant and equipment operators about expected conduct when ferrying materials, grading and using other types of plant and equipment;  Brief residents about potential hazards during project implementation and operation and the need to obey traffic signs and other requirements. 131 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.3.14 Land/Resource Use Conflicts Some of the residents have encroached on the road reserves (houses or supporting infrastructure such as septic tanks) and they may feel aggrieved when required to relocate and/or their assets are demolished. Others may also not have encroached but may have to cede their land to allow for development of infrastructure. In addition, sourcing of local materials needed for construction (stone, gravel, sand, and ballast) can lead to conflicts with other users. In addition, water needed during construction can deplete the available water resources to the residents. Mitigation Measures  Hold early consultants with the affected persons and explain the actions to be taken early enough (affected persons have been identified in the RAP);  Prompt payment of compensation where this is due;  During the planning and design phase, sources of construction materials should be identified y bearing in mind the needs of the local people.  p Contractor will hold consultations with the local communities and government agencies in each of the settlements with a view to discussing any potential resource use conflicts that may arise Co and come up with a strategy of how to avoid them. Of importance are the sources of water which may diminish available supplies to the settlements  In addition, careful identification of the water sources to be used during the construction phase should be done by the contractor during the planning and design phase and possibly, this should not be from any community water sources. re 7.3.15 High influx of labor for construction workers su In search of a better source of living, several persons both within and outside the project area will migrate into the project area to seek either skilled or unskilled work. Potentially, a high influx of laborers will put a strain of available natural and man-made resources resulting in resource use conflicts, hike in basic lo commodities for community members, increased crime rate, increased gender based violence cases among other concerns. isc Mitigation:  Ensure that the majority of skilled and unskilled workers are sourced from the community members.  D Develop a labour management plan that gives guidance for hiring skilled and/or unskilled labour.  Develop and implement a robust grievance redress mechanism that guides in handling labor-related grievances.  Ensuring that all hires are engaged after a written contract is drafted, shared with the potential employees and signed to accept the terms of the contract. The employment must clearly state the pay, leave allowances, disciplinary measures, termination, grievance redress among others.  Labour management should be transparent and the SEC should be actively engaged to reduce the risk of labour-related grievances.  Community concerns on labour management should be quickly addressed to avoid exacerbating the situation. 132 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.3.16 Spread of Communicable and Vector Borne Diseases Incidence of vector borne diseases (Cholera, typhoid, dysentery, malaria) could potentially increase due to leakage of septic/sewerage system during road/drainage construction. Trenching/excavation creates ponding and/or stagnant pools of water which provides ideal breeding grounds for disease vectors. Dumping of construction wastes on the natural drainage channels could also obstruct the free flow of water leading to ponding. Mitigation:  Clearly map the location of septic tanks/sewer lines before commencement of trenching/excavation for road and drainage construction and avoid them;  Ensure those selling food to construction workers are sensitized about proper food handling practices including having Food Handlers Certificates;  Promote boiling of drinking water and/or treating it; y  Promote hand washing and provide hand washing basins with soap at strategic locations p for ease of access by the construction workers;  Promote adequate sanitary facilities that should be regularly cleaned and disinfected; Co  Provide for alternative latrines before commencement of any works and evacuate existing toilets;  Constantly monitor for leakages during construction and contain them to prevent over flow and spreading of both grey and black water; re  Backfill trenches and ditches as soon as possible and where septic tanks are damaged, contain any potential leakage;  Sensitize those working on the project as well as residents about the potential risks of su contracting HIV/AIDS and other STIs due to sexual interactions between them;  Locate construction camps away from the settlements being up graded. lo 7.3.17 Spread of HIV/AIDS HIV/AIDs and other STIs could increase if external labor is brought into the settlements. On the isc other hand, construction workers brought into the area by the project could also get infected by HIV and AIDs though interactions with the residents of these settlements. These diseases could be fatal if not diagnosed and treated immediately. Mitigation D  Raise awareness of the risks of contracting AIDS/HIV among the population (site residents from construction workers and vice versa. This can be done through barazas, poster and any other appropriate means as identified on the ground.  Contractor to also raise awareness among their workers not to engage in irresponsible sexual behavior with the residents  Provide voluntary Counseling and Testing Services (VCT) in the construction camps as well in the villages 7.3.18 Child Labor/Exploitation There is potential of children being engaged in the project construction activities and also risk of child abuse by the project workers. 133 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Mitigation  Implement child protection strategy to prevent or mitigate abuse or any child protection concern.  Ensure no employment of persons below eighteen years in any KISIP related construction activities whether on site or offsite.  Ensure every potential job seeker presents an original national identity card during recruitment  Ensure no children are engaged in Gender based Violence/Sexual Harassment 7.3.19 Gender based Violence/Sexual Harassment GBV and more so sexual exploitation and abuse (SEA) of communities and sexual harassment (SH) amongst can potentially occur with women being more vulnerable especially when seeking employment during this phase of the project. The Contractor should ensure that this does not happen by implementing the following: y Mitigation p  Implement policy on sexual exploitation / harassment and Gender based violence. The contractor to develop and implement grievance redress mechanism including non-retaliation;     Undertake gender mainstreaming during the construction phase Disseminate the policy among all the staff and SEC; Put in place measures for monitoring GBV/sexual harassment; Co Create awareness among women and men on GBV and SEA risks including reporting and referral re pathways  Have deterrent/punitive measures for any offenders reported su 7.3.20 Exclusion of Disadvantaged and Vulnerable Groups e.g. VMGs, PWDs, elderly, youth, lo the sick, the poor, single women, OVC etc. These groups of people might be left out in terms of participation in the project activities hence not fully benefiting from the proposed project. isc Mitigation  Share project information widely and in a timely manner through the easily accessible various channels of communication i.e. through local administration and SEC chairs D  Introduce measures for affirmative action that would ensure VMGs and IPs, especially persons with disability, the elderly and GBV-affected women have access to job opportunities  Undertake recruitment transparently, while ensuring the inclusion of VMGs 7.3.21 Inadequate Stakeholder Engagement Adequate understanding and managing project stakeholders and knowing their expectations and limitations will contribute to successful implementation of the proposed project. The contractor to ensure adequate engagement of project community through the following>  Development and implementation of a stakeholder engagement plan  Continuous stakeholder consultation throughout the construction phase as guided by the approved stakeholder engagement plan 134 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.3.22 Ineffective GRM Given that VMGs and PWDs often face the most obstacles in accessing and using GRMs, throughout the construction phase special attention must be given to incorporating all GRM levels to make them participatory and socially inclusive. The project should ensure an effective GRM through the following,  Proper facilitation and capacity building to make the GRM an effective conduit for grievances redress  Project to ensure sensitization of the GRM, its procedures, the levels or officers to whom different types of grievances should be addressed and other relevant information. 7.4 Impacts of the Operational Phase 7.4.1 Physical Hazards/Traffic Accidents Improvements in the roads may lead to people driving through the settlements at high speed which y may lead to accidents. Motor bikes (Bodaboda) which has become a mode of transportation for many people now in Kenya and who have a knack for not following any traffic rules could also lead to an p increase in the number of accidents in the settlements. If the drainage system to be constructed will be an open one, there is the risk of people falling into them which could be serious depending on their size. Mitigation Measures  Co Set speed limits for residential zones should be adhered to and where necessary be reviewed re to suit the circumstances. It should also be made clear to the boda bodas operators that they should also obey the allowed speed limits and other traffic regulations;  Erect road signage indicating allowed speed limits especially near high human traffic crossings, su schools and institutions.  Erect speed bumps where found necessary;  Ensure infrastructure such as foot paths are only used by human traffic and not Boda. lo  The youth can play a critical role in enforcing this and/or the boda boda riders can be organized into an association that monitors and censure those violating the stipulated guidelines. isc 7.4.2 Water Contamination Illegal connections to water supply pipelines which is common in informal settlements can lead to water contamination. While one of the goals of the proposed project is to increase access to good quality D drinking water, this can negate the process significantly with the pote ntial of spread of water borne diseases. This would lead to the non-realization of a reduction in water borne disease burden among the residents. Mitigation Measures  Sensitize the residents about the risks of illegal connections and that it is an offence;  SEC to put mechanisms in place of monitoring illegal water connections. 7.4.3 Loss of Water/Improper Management of Water Resources Lack of maintenance of the water pipelines and non-replacement of leaking taps could lead to loss of water. Water will be provided through kiosks to the vendors, therefore at the point of water collection, care must be taken to minimize wastage. In addition, illegal connections to the extended pipeline 135 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) indirectly affect water supply due to unaccounted consumption which in turn leads to inefficiencies/revenue loss to the service water provider, thus creating in them an inability to meet their mandate Mitigation Measures:  Sensitize the residents on the need to protect the water pipeline/supplies in each of the settlements;  Undertake community policing to ensure that there are no illegal connections and have a mechanism of reporting and addressing such incidents;  Ensure water is metered at the kiosk for accountability and train the vendor on how to document water given out/sold;  Regularly monitor pipeline for leakages and repair them immediately;  Ensure fair pricing of supplied water to ensure broader affordability among the residents; y  Create awareness on prudent and sustainable management of water resources including recycling p of waste water especially that used for cleaning /rinsing household items. This could be used for establishing kitchen gardens at the household level where feasible. 7.4.4 Vandalism of Installed Infrastructure Co While vandalism of installed infrastructure (street lights, guard rails and water meters among other portable items) is not an impact of the proposed project and is already occurring even without the project, it will affect the non-realization of the expected project benefits. High prevalence of criminal re activities within these settlements is fueled by poverty, limited economic activities, drugs and substances abuse also affects installed public amenities Drug and substances abuse is also a proven su contributor to vandalism as the addicts seek cheap means of raising funds for their craving habits. Collaboration with corrupt individual in the public utilities institution also fuels the continued vandalism of installed infrastructures. Malice especially towards installation meant to boost security lo during the night will most probably occur as the perpetrators seek to create conducive environments for their activities. isc Consequences of vandalism negatively affect those meant to benefit from the improvement works. Security deterioration is linked to lack of proper lighting especially at night in these poorly planned settlements. Financial loss due to looting and breakage of installations that will also result into high maintenance, repair and replacement costs. Proper supply of key resources especially water and power D will be greatly affected due to breakdowns. Mitigation Measures:  Strengthen community policing efforts working in collaboration with the chiefs and administrative police to curb such crimes;  Implement youth counselling programs to deter them from engaging in criminal activities, drugs and substance abuse etc.  Security patrols should be enhanced to boost monitoring of key installations.  Site installations with a potential for being vandalized in more secure areas and also reinforce them as much as possible. 136 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 7.4.5 In Migration of People Putting Pressure on Existing Services In migration is likely to occur due to attraction of the people by the proposed improvements in infrastructure which will put pressure on some of the resources and services such as water supply, sanitation and roads. Mitigation Measures  Project design to project expected increase of people into the settlements so as to ensure a steady supply of water and adequate sanitation facilities among others. In addition, project planning and design should factor people serviced by the existing water supply lines as well as sewers that are to be recipients of waste from the sites to be improved so as not to create a problem to existing communities (less water available for them) and overload of recipient sewerage system. 7.4.6 Public Health Issues y Waste generation will increase with population growth and is a major hazard considering current management challenges. Deterioration of moral may also rise resulting to irresponsible behaviors like p prostitution, drug and substances abuse and criminal activities. Transmittable diseases prevalence may rise due to the high population mostly related to contamination of water, food and also resulting from Co irresponsible behaviors e.g. prostitution. Increased waste generation also raises the possibilities of pollution resulting into water and food contaminations and a rise in related communicable diseases such as cholera. Increased pressure on available sanitary facilities may complicate human waste disposal resulting into pollution, HIV and STI prevalence may considerably rise due to moral decay, re drugs and substances abuse. Mitigation measures: su  Continuously create awareness about public health issues in each respective settlement including HIV/AIDS;  Provide VCT services in each site including condoms; lo  Monitoring of key driver to be regularly conducted while responsible enforcement agencies to ensure public health regulations are adhered to isc 7.4.7 Pressure on Resources and Amenities due to in Migration Improved accessibility and sanitation facilities, better supply of water and power, enhanced security are likely to lure more people to migrate to these settlements. This will put pressure on available D resource as the population increases within these settlements thereby burdening already outstretched social amenities and resources. In addition, more wastes will be generated compounding the current waste management problem. Risks related to these pressures include pollution of water resources and the resultant increase in water borne diseases, inadequate water supply which reverse the gains made by the project; sewerline/septic tanks overloads leading to leaking and environmental pollution, traffic congestion and increased vulnerability to disasters such as fires. Conflicts may also arise in competition to control and access the limited available resources and amenities. Mitigations:  Adherence to physical planning regulations and enforcement can help in development control and population growth within these settlements; 137 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Community participation in the planning for a va ila ble resources allocation and distribution is encouraged to address potential conflicts.  Community policing should be enhanced to monitor and provide surveillance to installed infrastructure for the benefit of all;  Infrastructure development and improvement of livelihood opportunities in other parts of the county can greatly help in controlling migration into these settlements providing relief to the strained resources and facilities. This however is outside the scope of this project and is more of a responsibility of the County government and the Ministry of Lands, Housing and Urban Development where KISIP is domiciled. Stakeholders at the national level must engage about the underlying factors, causes of proliferation and expansion of slums/informal settlements throughout the Country. 7.4.8 Inadequate Stakeholder Engagement y With the implementation of the projects, stakeholder consultation on the management of projects is key. Insufficient or discontinued stakeholder consultation could lead to neglect of the implemented p projects. Mitigation   Co Continuous engagement of stakeholders to gather comments, suggestions, and concerns of the various parties on the continuity of the project re Continuous sensitization to build community acceptance and ownership of the implemented projects su 7.5 Decommissioning All undesired effects of the construction phase of the project will be carefully decommissioned. These lo will include but not limited to:  Borrow pits and other sites where materials were being stored. The borrow pits should be isc backfilled and restored by planting trees/vegetative cover using indigenous tree species;  All trenches/excavated areas will also be back filled  Septic tanks, toilets not in use will also be filled with soil/materials (part of the construction D wastes/debris could be used in this;  Construction camps if any were done during the construction phase. The use to which the sites will be put to will be agreed between the contractor, local community represented by the SEC and the County government. In general, anything that was used during implementation of project activities as well as those directly related to the project. Potential impacts of the decommissioning phase include:  Noise and excessive vibrations  Dust;  Generation of solid waste Mitigation (to be mitigated as recommended for similar impacts during the construction phase). 138 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) 8.1 Overview of the ESMP This plan outlines the potential impacts anticipated as a result of implementation of the proposed project, summarizes the proposed mitigation measures and how monitoring will be undertaken during the various phases of the projects implementation. 8.1.1 The ESMP Principles Implementation of KISIP program will adhere to the EMCA, 1999 and the EMCA (amendment Act, 2015) and all other related sectoral laws and regulations as provided for in Chapter Three of this report. The overriding goal will be to ensure that KISIP activities cause minimal harm to the environment while overall having a positive impact on the wellbeing of the project beneficiaries as well as well as on the environment. In addition, this aim extends to ensure the lives of those socially y impacted physically or economically through displacement is improved or at least restored to its previous level. This will entail constant and regular consultations, evaluations in addition to p reviewing the design aspects and modes of operation throughout the entire project cycle. Some of Co the factors to be taken into consideration during project implementation include;  Preservation of zones that have natural aesthetic within and around the projects sites;  Soil, ground and surface waters protection;  Prevention and mitigation of air, noise and vibration impacts; re  Adherence to the legal statutes relevant to the projects activities;  Stakeholders’ engagement and regular consultations;  Enhanced integration of environmental, social and economic functions across the entire project su framework;  Enhancing equity and maximizing socioeconomic benefits for the local community through lo extended income generation such as employment opportunities;  Improvement, or at least restoration of the lives/livelihoods of Project Affected Persons (PAPs).  This environment management plan identifies measures needed to address adverse impacts isc identified and guides implementation of actions to mitigate such impacts as well as who is responsible. D 8.2 Purpose and Objectives of this Environmental and Social Impact Management Plan  Ensure that the proposed KISIP projects are implemented without adversely affecting the environment, human health and welfare in general;  Providing appropriate mitigation measures for all adverse impacts identified to guide their implementation;  Facilitate monitoring of key environmental variables and indicators during the various program phases to check the effectiveness of mitigation measures with a view to instituting adaptive mitigation and management when necessary; 139 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Monitoring plan implementation will be an integral part of ESMP implementation and will focus on: Implementation and Effectiveness of Mitigation Measures : The objective is to assess whether interventions (mitigation measures) have been implemented as recommended, and if they were having the desired outcomes. Unanticipated and undesired impacts of the project will also be monitored with the goal of undertaking adaptive mitigation. Compliance Monitoring: The objective is to ensure that specific conditions or standards, for example, periodic checks to determine whether levels of pollution or water abstraction thresholds are within limits specified in the Environmental Mitigation and Monitoring Plans as required by the various statutes. Thresholds for compliance monitoring are guided but not limited to: y  Waste Management Regulations, 2006 (Legal Notice 121) p  Noise and Excessive Vibrations Regulations 2006  Occupational Safety and Health Act (OSHA) 2007     Water Act 2016 Public Health Act Employment Act, 2012 Children’s Act, 2022 Co re  The Bank’s guidance on Managing The Risks Of Adverse Impacts On Communities From Temporary Project Induced Labor Influx su  The Bank’s Environment and Social Framework For each of the identified impacts, indicators to be monitored, monitoring responsibility, and frequency of monitoring have been identified together with an implementation timeframe. lo 8.3 Grievance Redress Mechanism (GRM) isc 8.3.1 Overview The grievance redress mechanism is a key tool through which local communities and other stakeholders exercise their voice. It is also a way to mitigate, manage and resolve potential or realized D negative impacts. A grievance is an issue, concern or complaint raised by an individual or group affected by the project exploration, construction, or operational activities. Both concerns and complaints can result from either real or perceived impacts of a company’s operations and may be filed in the same manner and handled with the same procedure. In this Project, a grievance is NOT:  A question or suggestion on the company or project; and/or  An appeal or request for assistance. 8.3.2 Objective of the GRM.  Develop an easy-access, no-cost and efficient complaint procedure for the community involved and/or impacted by the project.  Provide the community, PAPs, and stakeholders with a clear process for raising grievances. 140 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Establish a system of investigation response and quick complaint resolution.  Allow stakeholders the opportunity to raise complaints.  Ensure that grievances are handled in a fair and transparent manner, in line with the projects’ internal policies, international best practice and lender expectations.  Install suggestion boxes for anonymity logging of complaints. 8.3.3 Principles Guiding the Project-Level GRM Accessibility and Availability: It should be accessible to everybody who would like to submit a complaint; aid those who face barriers such as language, literacy, awareness, cost, or fear of reprisal. Linked to overall community engagement strategy. Predictability: It should offer a clear procedure with time frames for each stage and clarity on the types of results it can and cannot deliver. Clear resolution procedures. Fairness: Its procedures should be widely perceived as fair, especially in terms of access to information y and opportunities for meaningful participation in the final decision. p Rights compatibility: Its outcomes should be consistent with applicable national and international standards and should not restrict access to other redress mechanisms. Co Transparency: Its procedures and outcomes should be transparent enough to the public interest concerns at stake. Clear structured process from complaint to resolution. Capability: It should have the necessary technical, human, and financial resources to deal with the issues at stake. Feedback: It should serve to channel citizen feedback to improve project outcomes for the people. re 8.3.4 Grievance Redress Mechanism su The consultant will develop a Grievance redress mechanism strategy that will guide the works of the contractor in Grievance management. This will be done with the absolute knowledge and participation of the existing GRC committees and KISIP county team. lo The Resettlement plan framework (RPF) recommends a four-tier grievance mechanism- at the community, county, national and resolution through courts of law. It is desirable to resolve all the grievances at the community level to the greatest extent possible. To achieve the community or isc settlement level grievance mechanism must be credible and generally acceptable. The grievance redress mechanisms will aim to solve disputes at the earliest possible time in the interest of all parties concerned. D The first level in addressing grievances will be at the settlement. The settlement Grievance Redress committees will work jointly with the contractor’s and consultant social safeguard team and will form part of the existing settlement GRC in resolving grievances brought forward. The Contractor’s sociologist is expected to develop “live grievance log” that all grievance will be logged and response, status, records towards grievance resolution filed. The second level of grievance mechanism will involve the County KISIP Implementation Committee. The committee will consider grievance reports forwarded to it from the community grievance committee and make a determination. The county level grievance redress committee will comprise of the County Coordinator, Environment officer, Social/Community Officer, Component Heads for Infrastructure, and Land tenure, Assistant Deputy County Commissioners and Ward administrator. 141 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) The third level of grievance mechanism will involve National KISIP implementation committee, which will comprise of the National project Coordinator, Heads of Components, Environment and Social Safeguard heads, and a designated Grievance Redress Officer who will be the Secretary. It will handle grievances referred to it by the county team and monitor the performance of the whole GRM for the project. The fourth level of grievance is the Court of law which will involve the land and environment court. The legal option will only act as avenue of last resort and will be sought after all other redress mediums have been exploited and exhausted. 8.3.5 Grievance handling process 8.3.5.1 Grievance Reception/ Acceptance. A grievance can be submitted either in writing or verbally through various mechanisms such as the y grievance redress committees, stakeholders. The project community liaison officer and the contractor sociologist will be the focal point in the collection of grievances in the community and from workers. p The project will also adopt the use of emails, suggestion box and phone conversations (Dedicated phone number to record grievances) in collecting grievances that are considered confidential. Co There is no formal minimum requirement for submitting a grievance to enable review and management. However, the following need to be met:  The name (s) of the complainant (s).  Information on whether the identity of the complainant should be kept confidential (cases re reported by interested and third-party stakeholders).  Contact details (Geographical locations, telephone number, email) su Details of grievance should answer the question of how and when with detailed information of the location, time, date and the circumstances under which it happened. While the GRM is operated in English, the person picking or handling grievances will make all efforts to translate or write down lo grievances presented in local languages. 8.3.5.2 Acknowledgement, Assessment and Record. isc The social safeguard specialist will also be the grievance officer who will receive all grievances and feedback for the project. The project will acknowledge grievances about the project from all stakeholders and the different channels mentioned. The complainant should receive an D acknowledgement of receipt of the grievance within 3 days from the receipt of the complaints, in writing. The participant will be engaged in the resolution process. This process is participatory as the aggrieved can spell out his/her wishes and be part of the problem-solving process. The grievance will be logged in the grievance register before the assessment of the grievance is done. Assessment is done to ascertain the type of grievance before relevant management is notified. Assessment of the grievance helps in the determination of the magnitude and intervention paths to be adopted and assigning responsibilities. This is expected to be done in four days within which the grievance has been received. 8.3.5.3 Investigation Complaints may be straightforward and can often be resolved on receipt of the grievance. If not, the case requires investigation. The investigation includes gathering relevant documents, data and maybe 142 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) statements and facts as well as clarifying the background information to verify the circumstances surrounding the grievance. It also may include risk assessment, follow-up meetings between stakeholders where an impartial party is present, and minutes of the meeting recorded. The aggrieved will be continuously updated on the progress of the investigation. The investigation will be carried out within 15 days. The outcome of the investigation will include an investigation report highlighting steps and procedures, and recommendations towards grievance resolution. 8.3.5.4 Resolution Depending on the findings and severity of a complaint, resolution and response timelines will be set with a rider and where the set timelines cannot be met due to complexity of the grievance, notification will be sent to the aggrieved. The GRM will employ the following resolution options when handling Grievances: i) Unilateral- Where a solution to a presented complaint is sorted internally y ii) Bilateral- Where the complainant is involved in decision making and find solution to the Grievance. p iii) Third party- Where an Impartial party is involved to assist in solving grievances. Co iv) Traditional and Customary Practices- Where the Traditional or customary ways of solving grievances and conflicts is used. Grievances related to Gender based violence, sexual exploitation, and sexual harassment will be managed through the project GRM. The GRM will be enhanced to ensure GBV-SEA/SH re responsive. Upon Completion of the investigation, a resolution to the grievance is decided. Written feedback and response are communicated within five days upon completion of the investigation and report su done. Once the aggrieved party is satisfied with resolution a Grievance settlement form is signed to log in satisfaction and the case is considered closed. lo There may be a likelihood of aggrieved party to be dissatisfied and they will be given an option to appeal or consider recourse. isc 8.3.5.5 Consider Recourse or Appeal Before a consideration for recourse, the Resident Engineer will review to ascertain whether additional reasonable actions are appropriate. The grievance mechanism will incorporate any appeals D provision for complaints that cannot be solved by the Project – level grievance committees. The process of appeal is expected to take a period of five days towards closure of the grievance; the aggrieved will be notified if the appeal process may take longer than the outlined timing. Recourse will be considered where there is need of involving an impartial mediator or legal action to completely resolve a case. This will in turn be communicated to the aggrieved. 8.3.5.6 Follow Up and Close Out. Once a resolution would have been reached or a decision made to close out, the final stage will be to monitor outcomes and close out the grievance. All grievances redress activities will be recorded. 143 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.3.6 World Bank Grievance Redress Service (GRS) The Grievance Redress services allows individuals and communities to submit complaints directly if they believe that a World Bank-supported project has or is likely to have adverse effects on them, their community or their environment. 8.3.7 Possible Grievances Table 8.1: Showing Potential Sources of Grievances Grievance Issue/Concern Grievance Generating Nature of Grievance Activity/Condition Health and Safety Material Extraction,  Diseases and Health infections due to Dust, Noise Hauling and Storage, and Water Pollution Construction works.  Injury and Health complications of workers at the work sites.  Physical and Environmental Construction works  Structure interference due to Excessive vibrations y  Loss of Pasture for Livestock  Disruption of utility services p Social Employment /Labour-  Failure to employ locals, Underpayment & Delayed force Payments, Employment of under-age . Co  Lack of accesses to houses and shops during construction. Social Interactions  Sexual exploitation, sexual harassment, Gender based violence.  Pressure on existing facilities. re Land and Settlements Loss of structures and or  Displacements and Lack/Delayed compensation livelihoods Waste Management Poor Solid Waste  Bad odour and Land Degradation due to solid waste Management su pollution Water Scarcity and High Demand for water at  Water shortages for domestic use and livestock the project site  Land Erosion Storm Water Management Poor Storm Water lo Management 8.4 Grievance Redress Committee. isc 8.4.1 Appointment Settlements Grievance Redress Committee Members Community members in the selected settlements appointed new GRC members to work in KISIP II project. The GRCs for all the selected settlements were formed in 2022. There is need to conduct D capacity building to the new GRC since they have not received any training. Capacity building will enable them to perform their duties efficiently. Composition of the selected GRCs is as outlined in table 6.8. Table 8.2: Composition of the GRC in Kakamega County Settlement Composition Amalemba Settlement a) Tenants Representative b) Widows Representative c) Youth Representative d) GRC Chair Lukoye Settlement a) Landlord Representative b) Tenants Representative c) Youth Representative d) Women Representative 144 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Settlement Composition e) People living with disability Representative f) GRC Chair g) GRC Secretary h) Treasurer 1. Shibale Settlement a) Youth Representative b) Landlords Representative c) Widows Representative d) Minority Groups Representative e) Religious Groups Representatives f)Ex official members- (Chief, ward administrator, community administrator) Mjini Settlement a) Youth Representative b) Widows Representative c) Landlords Representative y d) NGOs Representative e) People living with disability Representative p f) Representative of the elderly g) GRC Chair Co h) GRC Secretary i) Ex Official Member- Chief 4 Kambi Somali Settlement a)Youth Representative b) Widows Representative c) Landlords Representative re d) Minority group Representative e) People living with disability Representative f) Representative of the elderly su g) Businesspeople Representative h) GRC Chair i) GRC Secretary j) Ex Official Member- Chief lo isc D 145 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.5 Roads Construction Component The construction of Roads and drainages have been proposed in all the settlements (Amalemba, Likoye, Mjini, Kambi Somali and Shibale). This scope of the ESMP will therefore be applicable in all the settlements during the construction of Roads and drainages. 8.5.1 ESMP Pre-construction Phase Table 8.3: Environmental and Social Management Plan_Roads and Drainage_Pre Construction py Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) PLANNING STAGE Co Clearance of right Physical and In line with the provisions of the Consultation Minutes RAP CPCT Prior to County of way/ Corridors Economic RPF prepare and effectively and signed lists of implementation CRIC project Internal Cost Displacement implement a plan for managing participants. report. starting land related impacts. Whenever Facilitate all affected persons and Type and amount of needed address all grievances prior to facilitation re commencement of works. /compensation provided to affected persons. su Number of project affected persons facilitated/compensate . lo Number and Type of Grievances reported. isc Number of Grievances resolved/not resolved. Developing of the Ineffective Development of a site-specific Available Available C- Contractor Prior to the 200,000 Site Specific implementation Environment and Social omprehensive C- ESMP start of the ESMP of the ESMP as Management Plan adhering to the ESMP that covers all document Project D guided in this laws and the Bank’s requirements the E&S risks as ESIA report guided by the Bank leading to and the relevant contractual and statues other E&S impacts 146 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Undertaking Gap in baseline Undertake baseline vibrational Baseline Vibration Available Contractor Prior to the 200,000 Baseline analysis results analysis within the project site. At analysis report Vibration start of the Vibration that may result in least 2 points per kilometer analysis report Project Analysis grievances if py structures are impacted and a gap in the monitoring plan Undertaking Gap in baseline Undertake baseline air quality and Baseline Air and Noise Available Noise Contractor Prior to the 200,000 Co Baseline Noise analysis results noise survey within the project quality assessment and Air quality start of the and Air Quality that may result in site. At least 2 points per report assessment Project measurement grievances and a kilometer report. gap in monitoring Preparing ESIAs  Legal  Prior identification of material ESIA licenses for the Available EIA Contractor Prior to the 600,000 re for the borrow implications due sites, campsites etc that require respective tasks as reports and CPCT start of the pits, Camp-sites, to lack of an EIA license in order to guided by the EMCA, subsequent respective Batch plants etc adhering to the develop/start construction. 1999 (Rev 2015) EIA licenses tasks su laws.  EIA reports to be reviewed and  Project stoppage submitted to NEMA by by the Kakamega County Environment department lo  Project delay prompting social issues. isc Acquiring the Legal Acquire the required Workplace Workplace registration Available Contractor Within first 3 200,000 OSHA Workplace implications due registration certificates within 3 certificate Workplace months of Registration to lack of months of the development of (accompanied by registration setting up the Certificate as adherence to the the campsite, quarry etc Health and Safety certificate camp required. law Audit report and Fire D Project stoppage safety audit report) by DOSHS Total 1,400,000 147 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.5.2 ESMP Construction Phase Table 8.4: Environmental and Social Management Plan_Roads and Drainage_Construction Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) CONSTRUCTION PHASE py Excavation, Dust  Establish a water sprinkling  Water sprinkling  Observations; Contractor Daily Considered trenching and program in the dry season; undertaken/reductio Complaints under the high vehicular  Provide to workers n in amount of dust; from works speeds dust masks always and ensure  Availability of onsite residents/SEC contract Co they use them; sprinkling water  Traffic/Trans  Control and limit speed of bowser; port audits vehicles to about 20km/hr and  On site plan for dusty ensure this is adhered to sections  Workers wearing dust masks always; re  Speed limit 30Km/hr. observed at construction areas su and near the markets;  No. of reports by Community about high dust levels lo Gaseous Air Pollution  Regular  Machinery not in use  Monitoring Contractor Routine 200,000 for emissions from Fumes/Gaseous maintenance of equipment and shut down/not idling; logs of quarterly air operation of Emissions machinery;  % of staff sensitized; maintenance quality equipment, plant  Sensitize schedules monitoring isc machine  Gaseous emissions and machines operators about shutting off with EMCA  Records of plants not in use and thresholds machine Other  Quarterly Air quality monitoring operators aspects to be sensitized considered  Ensure no under works D unnecessary idling when not in contract use;  Adhere to thresholds provided in EMCA (Air Quality Regulations) 148 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Trenching, Clear Soil Erosion  Stabilize disturbed  % area of Land  Site Contractor Daily Under the felling, Borrowing Rising of dust soils with grass and other disturbed during inspection, SEC, works Construction Increased acute vegetative matter; Construction Project Host contract materials, respiratory  Avoid activities that can lead stabilized with grass records of area communit py illnesses to soils erosion during the rainy or vegetative cover; stabilized y Poor visibility for season;  Adequate drainage in CPCT road users  Install adequate drainage place as provided for Blocking of structures; in design and available Co  Backfill trenched areas; stabilized accordingly; drainages  % areas of land  Stabilize drainage channels with concreted or grass. Landscaped upon  Implement dust control Completion of measures construction works  Sensitize workers and re community on respiratory illness management including wearing of masks near construction areas. su Improper Soil, ground and  Stockpile all  EMCA guidelines  Field/site Contractor Weekly 800,000 disposal water construction debris/wastes and being used i.e. storage inspections; CPCT of Construction contamination dispose in according with and transportation by  Solid waste Host debris and lack General poor EMCA solid waste management a licensed transporter; Communit lo operator of/poor housekeeping guidelines  Good housekeeping license; y sanitation from that will increase  Procure qualified and approved  Designated and well-  Records of Construction health and safety NEMA waste handling firms; marked temporary where waste isc workers. risks  Ensure Wastes are waste holding facility was delivered Introduction of not deposited or stored within a to;  No wastes deposited breeding grounds riparian zone/wetland and or any other place other  Visual for vermin near storm drainage channels; than the designated inspection of  Provide sanitation area riparian and D facilities for construction other public workers; areas for 149 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Fueling and Ground and  Careful fueling of  Impervious platform Presence of Contractor Routine Considered servicing of underground vehicles, plant and equipment that is bunded in Bunded area in works vehicles and contamination of used during construction; place; for fueling and contract heavy equipment. soils and water  Construct an  Oils and fuel stains on servicing of py Management of impervious platform that is the on the exposed vehicles vehicles bunded ground Licensed Where fueling and  Nema Licensed hazardous servicing of vehicles in done; Transporter to waste handle to transport Co transport hazardous /contaminated offsite wastes; Running  Noise and  A regular proper  Noise and vibrations  Sample visits; Contractor Routine Considered equipment/ Vibrations maintenance of machinery within allowable  Vehicle and in works machines/ tools nuisances including generators; limits under EMCA equipment contract  Grievances from  Sensitization especially near re of machine monitoring the host operators to shut off plants not residential areas and schedule and community in use and ensuring no other sources of reports  Impact on unnecessary idling; noise; su nearby  Provision of ear  Maintenance and structures mufflers to those most exposed, servicing records for especially that operating heavy the machinery; machinery/ equipment;  Noise and vibrations lo  Adhering to the Noise and analysis records; Vibrations regulations  Qualified plant/ machinery isc operators; General Loss of Aesthetic  Ensure timely  No solid construction  Solid waste Contractor Routine In the works construction Value collection and disposal of all waste accumulation; management ; KISIP contract activities types of wastes, solid & liquid  Restoration and practices wastes generated by the project; landscaping of areas  Landscaping D  Landscaping works upon affected by completion of construction construction activities activities; undertaken; 150 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Damaged water  Waste water  Identify and mark the location  Reduction in number  Physical Contractor Routine 700,000 pipelines and generation of existing underground services of point source inspections; ; sewer lines/  Grievances due  Improvement of existing waste discharges from  Grievance CPCT, systems to loss of water water and sewerage damaged reports SEC py  Eyesore management systems/ infrastructure;  Can lead to structures;  Repair of existing stagnation  Putting in place appropriate waste water and  Contamination measures to curb leaks and effluent managing Co of surface and spillages; structures e.g. underground sewerage lines; water sources Management of  Eruption and  Sustainable management  Training matrix to  Waste Contractor Weekly for 800,000 solid and liquid spread of of waste (solid and effluent); include community management CPCT; solid waste wastes communicable  Treating effluent wastes at and workers training plan Public and effluent; re diseases source on solid and liquid  Waste tracking Health  Eye sore  No disposal of solid or liquid wastes management sheets Officer;  Increased in wastes near water sources  Designated and well  Effluent grievances from  Ensure sanitary facilities are not managed solid and treatment su Host near water sources and are well liquid waste facilities waste community and constructed and managed  Waste management quarterly SEC  Avail toilets at the work fronts plan analysis  Legal disputes  Location of lo easily accessible to the workers.  Sensitization of the toilets and residents on observing proper their general hygiene practices e.g. proper structure isc hand washing;  Monitoring and unclogging blocked drains including draining stagnant waters; D 151 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Temporary Livelihood  Provision of alternative sites for  Residents whose  Record of Contractor Daily for 800,000 Traffic and Disruptions relocation of business premises businesses are those affected CPCT Traffic business Traffic affected and provide vending affected temporarily and those Management; disruption congestion platforms; provided with provided with Monthly for py  Installation of appropriate alternative sites; alternatives; Training and signage to direct and control  Road signage to  Visual awareness human and control traffic in inspection of campaigns vehicular traffic; place; site to check Co  Alternative routes that measures  Provision of alternative routes provided; are in place; of access during the  Contractor adhering  Review of construction phase; to site specific plans vis a vis  Adherence to settlement physical what the settlement Physical Planning development plans/ contractor was regulations and zoning/ spatial ESMP doing; re plans;  Grievance  Traffic Safety awareness records on through training workers and traffic su host community members, management displaying traffic safety campaign posters  Training traffic marshals who lo aid in guiding traffic  Document. communicate and clearly mark alternative routes isc Driving and  Road traffic  Ensure only qualified and  Record of licensed  Qualification Contractor Monthly for operation of accidents experienced plant operators and approved drivers record of SEC training and heavy equipment  Worker health handle machinery/ equipment; and equipment drivers and CPCT competence and safety  Maintain machines operator; heavy records. hazards such and equipment in proper  Access control equipment Daily for D as crushed by working condition; barriers, management operators adherence to equipment,  Control access around system, signs (danger  Display of traffic entrapment construction sites; signs, hazard signs warning and management etc etc) danger signs protocol in  Install all relevant traffic signs  on traffic place. Increased dust and traffic safety awareness  Security provided emission. posters around construction safety 152 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Damage to  Enforce and monitor a speed sites and excavations alternative limit of 20km/hr within the sites; routes used construction area, at the  Training records  Damage to campsite etc; py community  Training and awareness to assets workers and community General work Occupational  Conduct a comprehensive OHS  OHS Risk  Monthly OHS Contractor Daily for 1,200,000 practices Safety and risk assessment and outline all Assessment inspection CPCT activities Co (Occupational Hazards possible risks that arise from the document (housekeeping pertaining to Safety and various tasks;  Site Specific , PPE, training works; Health)  Implement the mitigation Environment, Social, etc) measures outlined in the OHS health and Safety  Quarterly Monthly risks assessment; Management Plan OHS Audits scope  Develop the EHSS Management  PPE provision and  Availability of specific monitoring re Plan; monitoring plan the OHS risks assessment OHS  Train all workers on General  Training and document inspections OHS as guided by OSHA 2007 Competence matrix  Verify competence of all outlining all training  Available su Quarterly workers undertaking specialized that will be done and EHSS OHS Audits tasks such as the heavy all that have been Management equipment operators; done on a monthly Plan  Provide all other necessary basis (including lo training to the workers (Traffic toolbox talks) safety, work at height, risk  Availability and easy assessment, First Aid, Fire access to first aid isc safety, Manual Handling) as kits/tools; guided by the relevant statutes  Records of OSHA and Industry Best Practices; kept;  Provide and ensure that all workers on site wear D PPEs (reflectors, safety boots, gloves, goggles, ear mufflers and breathing protection) relevant to the tasks assigned to them;  Increase OHS awareness through conspicuously display 153 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) safety caution signage at strategic places within all work places;  Put in place necessary hazards py and risk mitigation measures;  Keep records of OSHA including reported incidents; Co  Ensure only qualified and experienced personnel handle machinery and equipment;  Provide appropriate tools that should be in good working conditions; re  Adherence to the Occupation Safety and Health Act (OSHA 2007) and su subsequent regulations Sourcing  Resource use  Hold consultations with the  Minutes of Grievance Contractor Water 50,000 construction conflicts SEC and CPCT Consultative meetings records SEC abstraction water  Water source with a view held to identify water CPCT permit before lo contamination to discussing any potential sources; abstraction  Increased water resource use Conflicts that may  Grievance records begins bourne diseases arise and come up with a strategy  Map showing the isc of how to avoid them; approved sources of Other  Identify water water and water measures sources for construction during abstraction point monitored the planning and design phase monthly  Water abstraction and as much as possible, avoid permit D community water sources  Acquiring the Water Abstraction Permit from the Water Resources Authority 154 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Labor influx  Local  Prioritize hire of locals for all  Grievance raised,  Policy Contractor Continuously No Employment unskilled labour. those aggrieved, document; additional SEC  Implement a local recruitment status of resolution.  Interviews cost plan that is fair and transparent  Fair and Transparent records; CPCT py (including recruitment processes local recruitment plan  Record of that ensure inclusivity of both in place. incidents of men and women, Vulnerable  Recruitment GBV individuals, minority clans, processes (job reported; Co ethnic groups etc. adverts, interviews,  Labour  Adhere to all local labour laws selection etc.) management and labour management  Number of Locals records practices (timely remuneration, employed based on equitable compensation for both gender, vulnerability, genders for equal work etc.). ethnic group, clan etc.  Create awareness to workers and  Type of employment re the community on worker and (skilled, semi-skilled project grievance redress and unskilled). mechanism. su  Hiring unskilled construction and skilled (if available) labour from the local population as far as possible. lo  Use of manual labour during excavation and construction works where possible. isc  Prepare a labour influx plan to manage labour influx.  Prepare an employment plan.  Sensitizing workers and the surrounding community on D awareness, prevention, and management of HIV / AIDS. Stakeholder  Exclusion of  Share project information widely  No of Vulnerable and  Stakeholders Contractor Continously Stakeholder Engagement Disadvantaged and in a timely manner through Disadvantaged mapped, engagement the easily accessible various groups mapped in costs 155 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) and Vulnerable channels of communication i.e. each of the Stakeholder Resident groups. through local administration and settlements. engaged plan. Engineer  Inadequate SEC chairs  Meetings and agenda  Minutes of the CPCT stakeholder  Introduce measures for of all meetings held meetings held py Engagement. affirmative action that would with all stakeholders. with GRC ensure VMGs and IPs, especially stakeholder SEC persons with disability, the engaged. elderly and GBV-affected  List of women have access to job Co attendance of opportunities. all meetings  Undertake recruitment Conducted. transparently, while ensuring the inclusion of VMGs  Development and implementation of a stakeholder re engagement plan  Continuous stakeholder consultation throughout the su construction phase as guided by the approved stakeholder engagement plan Grievance  Ineffective  Constitute a local Grievances  Local Grievances  Grievance Contractor Continously No additional lo Redress Grievance Committee in consultation with Committee in place, Register. cost. Resident Mechanism Management all community segments and composition of  Hard copy of Engineer incorporate the existing local Committee. all Grievance CPCT isc dispute resolution mechanisms.  Number of nature of forms  Implement a worker’s cases received and  Hard copy of GRC grievances mechanism. logged (Updated all Grievance  Create awareness on the grievance Redress Resolution SEC culturally appropriate and logs/register. forms. D accessible GRM to all  Number and type of  Minutes of community segments including pending Grievances. meetings held vulnerable individuals and  Number of GRC with households and CSOs meetings conducted community and grievances towards 156 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Log,date,process,resolve and resolved in the GRC Grievance close out all reported grievances meetings. register. in a timely manner.  Number and type of  Ensure proportionate facilitations done for py representation of disadvantaged SEC/GRC to solve persons in the local grievances Community committee. Grievances.  Enable the GRM to provide for  Awareness of Co confidential reporting of community an particularly sensitive social worker’s on project aspects such as GBV as well as and worker’s GRM. anonymity.  Number of grievances resolved in a timely manner.  Number of grievances re escalated to national courts and the World Bank Grievances su Redress service and inspection Panel.     lo Labour  Inefecetive  Timely closure of all grievances  No of cases Logged.  Grievance Contractor Continously No additional Management GRM logged.  Nature of cases Register. cost. Resident  Proper facilitation and capacity  Hard copy of isc received. Engineer building to make the GRM an  Number of all Grievance Grievances resolved forms CPCT effective conduit for grievances redress. and not resolved.  Hard copy of GRC  Number of GRC all Grievance  Project to ensure sensitization SEC D meetings conducted Resolution of the GRM, its procedures, the and grievances forms. levels or officers to whom resolved in the GRC  Minutes of different types of grievances meetings. meetings held should be addressed and other  Number of with relevant information. facilitations done for community towards 157 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) the SEC to solve Grievance community register. Grievances.  Number of GRC py meetings conducted and issues discussed. Labour  Child  Ensuring than each employee  Records of Child  Approved Contractor Continuously No Management Exploitation/La signs a code of conduct that protection cases Code of additional Resident cost. Co bour covers child protection ensuring reported in the Conduct Engineer no children are employed on site project. document. in accordance with national  Develop a child  Records of labour laws. protection Code of Employees  Ensuring that any child sexual Conduct. engaged in the relations offenses among  Number of project. contractors' workers are Inductions sessions  Contract re promptly reported to the police. on Child protection documents of  Employ workers who are 18 Code of Conducts. all employees years and above and with a valid  Number of refresher engaged in the su national ID at the time of hire. awareness training on project.  Implement and monitor the Child protection employment register regularly. Code of Conducts.  Comply with the national labour  Number of staff who lo laws and labour management have signed Code of practices. Conduct.  Put visible signage on site “No isc Jobs for children.” Labour  GBV/SEA/SH  Develop and implement a plan  Number of  Minutes of Contractor Monthly No Management to manage the risk of SEA/SH. Inductions sessions meetings additional Resident  Map the GBV referral pathways on GBV/SEA/SH conducted. costs Engineer. D and create awareness among and signing of Code  List of Quarterly women and men on the risk of of Conducts. attendance CPCT SEA/SH.  An approved Code of and pictures of  Ensure the GRM is SEA/SH Conducts. the responsive.  Number of GBV, stakeholder SEA and SH cases engagements. 158 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Ensure all those with physical reported and  List of presence on site sign and resolved. attendance of understand the Code of  Number of Toolbox talks Conduct. Community trainings. py  Put in place measures for sensitization sessions  Evidence of monitoring GBV/sexual on GBV/SEA and IEC materials harassment. SH. used.  Contractor to develop and  Number of  Signed Codes Co Implement policy on sexual Continuous training of Conducts exploitation/harassment and and awareness Gender based violence. training done through  The contractor to develop and toolbox talks. implement grievance redress  Number of IEC mechanism including non- materials done to retaliation of whistle-blower, the create awareness. re GRM strategy will be specific in  Number of handling of GBV, SEA and SH stakeholder (sexual harassment cases) that engagements su will ensure survivor centered conducted on approach and confidentiality. GBV/SEA/SH.  The contractor will develop a  Establishment of a whistle blower strategy ; grievance responsive lo  Implement the signing of Code GRM. of Conduct before deployment to site after recruitment. isc  Undertake gender mainstreaming during the construction phase  Disseminate the policy among all the staff and SEC; D  Put in place measures for monitoring GBV/sexual harassment.  Create awareness among women and men on GBV and SEA risks 159 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) including reporting and referral pathways.  Have deterrent/punitive measures for any offenders py reported. Total Cost for Construction Phase 4,250,000 Co re su lo isc D 160 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.5.3 ESMP Operational Phase Roads and Drainages During operation, several impacts, are expected, and planning for their mitigation is paramount. Table 8.5: Environmental and Social Management Plan_Roads and Drainage_Operation phase Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost py (Kshs) Poor Solid Waste  Negative Visual  Encourage resident’s  Training and  Available waste SEC/CPCT Monthly Internal Costs Generation and Impact participation in waste awareness records, skips County Disposal  Clogged management initiatives; posters.  Use of the skips government Co drainages  Provide waste skips at  Available Waste Skips by the residents  Increase of strategic locations such as strategically placed  Waste vermin within the markets within the settlement management plan the settlement  Discourage open  Reduced/no littering implemented by  Increase of dumping at non- within the settlement the CPCT water bourne designated places;  Removal of wastes  re diseases  Promote at source waste from the skips by separation, reduction, County team when reuse and recycling; they are full. su  Build capacity of residents to embrace waste reduction, reuse and recycling e.g. lo composting organic waste;  Utilize designated isc waste collection points;  Engage the services of approved waste handlers;  Adherence to Waste D Management regulations of 2006; Piles of waste Outbreak of  Ensure waste are  Mechanisms for waste  Records of waste SEC Routine County provide breeding Diseases collected from collection in place; collection County Internal Cost grounds for households and disposed  Responsibility for  Drainage Government disease vectors of appropriately; cleaning drains; maintenance plan (road maintenance 161 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Drain/fill all pools of  Public health /environmen stagnant water; reports on spread t department  Clear drains regularly; of vector bourne CPCT  Waste from desludging to diseases py be kept far from human settlements, rivers, streams and wetlands;  Prevention of ponding Co assigned; Reckless driving Increase in the  Audit the road to check  Number of road traffic  RTA reports CPCT Monthly County number of Road that the safety accidents  Success factor Traffice Internal costs Traffic infrastructure are  Number and spread of reports for road Police Accidents effective (speed bumps, road safety campaigns safety campaigns KURA/KE road markings, road signs done RRA County offices re etc)  Number of road safety  Increase road safety violators/reckless awareness through road drivers identified and safety campaigns in the fined su mass media, awareness posters, training in schools, churches etc  Design and implement lo hefty fines system for reckless drivers Insecurity, Vandalism and  Enhance  Apprehension and  Incidence of Residents; Routine County isc inadequate infrastructure community policing; prosecution of culprits vandalism Local Internal Costs monitoring damage  Boost security and patrol of vandalism and reported; administratio measures and activities; those that maliciously n; poor community  Liaison between with supply lines; policing; residents and security  Establishment and D organs to embracing community enhance security; policing e.g. Nyumba  Frequent inspection of Kumi initiative; infrastructure state; 162 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Stakeholder  Exclusion of  Share project information  No of Vulnerable and  Stakeholders Contractor Continousl Stakeholder Engagement Disadvantaged widely and in a timely Disadvantaged groups mapped, y engagement Resident and Vulnerable manner through the easily mapped in each of the Stakeholder costs Engineer groups. accessible various settlements. engaged plan. py  Inadequate channels of  Meetings and agenda  Minutes of the CPCT stakeholder communication i.e. of all meetings held meetings held GRC Engagement. through local with all stakeholders. with stakeholder administration and SEC engaged. SEC chairs Co  List of attendance  Introduce measures for of all meetings affirmative action that Conducted. would ensure VMGs and  IPs, especially persons with disability, the elderly and GBV-affected re women have access to job opportunities.  Undertake recruitment su transparently, while ensuring the inclusion of VMGs  Development and lo implementation of a stakeholder engagement plan  Continuous stakeholder isc consultation throughout the construction phase as guided by the approved stakeholder engagement plan D 163 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Grievance Ineffective  Constitute a local  Local Grievances  Grievance Contractor Continousl No additional Redress Grievance Grievances Committee in Committee in place, Register. y cost. Resident Mechanism Management consultation with all composition of  Hard copy of all Engineer community segments and Committee. Grievance forms py incorporate the existing  Number of nature of  Hard copy of all CPCT local dispute resolution cases received and Grievance GRC mechanisms. logged (Updated Resolution forms.  Implement a worker’s grievance Redress  Minutes of SEC Co grievances mechanism. logs/register. meetings held  Create awareness on the  Number and type of with community culturally appropriate and pending Grievances. towards accessible GRM to all  Number of GRC Grievance community segments meetings conducted register. including vulnerable and grievances individuals and resolved in the GRC re households and CSOs meetings.  Log,date,process,resolve  Number and type of and close out all reported facilitations done for su grievances in a timely SEC/GRC to solve manner. Community  Ensure proportionate Grievances. representation of  Awareness of lo disadvantaged persons in community an the local grievances worker’s on project committee. and worker’s GRM.  Enable the GRM to isc  Number of grievances provide for confidential resolved in a timely reporting of particularly manner. sensitive social aspects  Number of grievances such as GBV as well as escalated to national D anonymity. courts and the World  Bank Grievances Redress service and inspection Panel. 164 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.5.4 ESMP Decommissioning Phase Table 8.6: Environmental and Social Management Plan_Roads and Drainage_Decommissioning Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Demolition of  Solid construction  Avoid decommissioning  Documented  Records of Contractor Once after 500,000 py camp site waste generation by liaising with CPCT and agreement with the recycled or CPCT completion  Increase in Health SEC to retain structures CPCT and SEC to reused SEC of the and Safety Incidents to be used by community retain the camp wastes; project if possible facilities if possible and  Fully Co  Timely collection and desired rehabilitated disposal of construction  No construction waste campsite wastes and debris by on site and/or dumped (either used NEMA approved near site; by collector;  Amount of wastes community  Identify those who can recycled/reused and or removed re reuse or recycle aspects of who; by the the waste and deliver contractor them such wastes there; to its  Consistent Health and original su safety management with state) competent HSE personnel, equipment operators etc lo Rehabilitation of  Grievances due to  Develop and implement  An approved A well Contractor Routine 1000000 material sites poorly rehabilitated an approved rehabilitation plan with rehabilitated County after material sites rehabilitation plan the rehabilitation material site Forest project isc  Introduction of  Liaise with Forestry schedule detailed that has been Department implement invasive plant species department to identify  Well rehabilitated approved by CPCT ation  Incidents with the and get approved material site governed SEC and SEC heavy equipment seedlings that should be by the rehabilitation CPCT planted plan D  Acquire good backfill  Grievance reports material that does not endanger the life of the humans, animals and plants 165 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Ensure that the material sites are fully rehabilitated before giving submitting final invoice for payment py  Ensure supervision and approval of rehabilitated sites are done in collaboration with the Co SEC. Decommissionin  Grievances due to  Waste management plan  Well documented and  Grievance Contractor; Unforeseea To be factored g of roads and the loss of accessible with identified locations approved reports County ble future in at a later date drainages roads for disposal, re-use or re- decommissioning  Permits and Government  Health and Safety purposing the waste plan, waste licenses SEC incidents during the material management plan,  Managemen decommissioning  A well developed and health and safety plan re t Plans phase approved road etc  Rising of dust decommissioning plan  Available permits,  Increase amount of  Health and Safety licenses and approvals su non-recyclable waste Management Plan for the prior to the start of the material phase decommissioning task  Impact on service  Acquisition of all lines (water, sewer approvals, licenses, lo and lighting) permits from relevant  Impact on national and county community assets government authorities isc along the road corridor  Increase in noise pollution  Increase in surface D run-off due to poor drainage  Stagnation of water  Increase in available land for other uses 166 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Increase in employment opportunities Labour Influx  Local Employment  Prioritize hire of locals  Fair and transparent  Policy Contractor Continuousl No additional py for all unskilled labour. local recruitment plan document; y cost SEC  Implement a local in place.  Interviews recruitment plan that is  Recruitment processes records; CPCT fair and transparent (job adverts,  Record of Co (including recruitment interviews, selection incidents of processes that ensure etc.). GBV inclusivity of both men  Number of locals reported; and women, vulnerable employed based on  Labour individuals, minority gender, vulnerability, managemen clans, ethnic groups etc. ethnic group, clan etc. t records re  Adhere to labour laws,  Type of employment and labour management (skilled, semi-skilled practices (timely and unskilled). remuneration, equitable  Grievances raised, su compensation for both those aggrieved, status genders for equal work of resolution. etc.)  Create awareness to lo workers and the community on worker and project grievance isc redress mechanisms. Community  Local Sourcing  Source materials from  Number and types of  List of Contractor Continuousl Stakeholder Engagement  Inadequate local businesses sourced suppliers by y engagement Stakeholder businesses/communities. from. gender. Resident costs Engagement  As applicable, give  Number and types of  Local Engineer D  Exclusion of opportunities to businesses owned and suppliers CPCT disadvantaged and businesses owned or operated by vulnerable engaged in vulnerable groups. operated by vulnerable individuals. the project GRC individuals.  Number of Vulnerable  Stakeholder SEC  Share project information and disadvantaged s mapped, widely and in a timely Stakeholder 167 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) manner through diverse, groups mapped in each engaged feasible and accessible of the settlements. plan. channels of  Minutes of all  Minutes of communication e.g., meetings held with the meetings py public forums. disadvantaged/vulnera held with  Introduce measures for ble groups. stakeholder affirmative action that engaged. would ensure especially  List of persons with disability, Co attendance the elderly and women of all have access to job meetings opportunities. Conducted.  Undertake recruitment transparently, while ensuring the inclusion of re disadvantaged groups.  Develop and implementation of a su stakeholder engagement plan.  Engage stakeholders throughout the project lo phase as guided by the approved stakeholder engagement plan. Labour  Gender Based   Number of Inductions  Approved Contractor Continuou No additional isc Develop and implement a Management Violence policy on SEA/SH. sessions on SEA/SH. Code of sly cost. Resident  Sexual Exploitation  Map the GBV referral and signing of Code of Conduct Engineer and Abuse (SEA) pathways and create Conducts. document. and Sexual awareness among women  Signed Code of  Records of D Harassment and men on the risk of Conducts. Employees SEA/SH.  Number of, SEA and engaged in  Ensure the GRM is SH cases reported and the project. SEA/SH-responsive. resolved.  Contract  Ensure all those with  Number of documents physical presence on site Community of all employees 168 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) sign and understand the sensitization sessions engaged in Code of Conduct. on SEA and SH. the project.  Put in place measures for  Number of monitoring GBV/sexual Continuous training py harassment. and awareness training done through toolbox talks.  Number of IEC Co materials done to create awareness.  Number of stakeholder engagements conducted on GBV/SEA/SH. re  Establishment of a grievance responsive GRM. su Labour  Child Exploitation  Ensure each employee  Records of Child  Minutes of Contractor Monthly No additional Management and Abuse signs a code of conduct protection cases meetings costs Resident that covers child reported in the project. conducted. Engineer. protection ensuring no  Develop a child  List of Quarterly lo children are employed on protection Code of attendance CPCT site in accordance with Conduct. and pictures national labour laws.  Number of Inductions of the isc  Ensure that any child sessions on Child stakeholder sexual relations offenses protection Code of engagement among contractors' Conducts. s. workers are promptly  Number of refresher  List of reported to the police. awareness training on attendance D  Employ workers who are Child protection Code of Toolbox 18 years and above, and of Conducts. talks with a valid national ID at  Number of staff who trainings. the time of hire. have signed Code of  Evidence of Conduct. IEC 169 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Implement and monitor materials the employment register used. regularly.  Signed  Comply with the national Codes of py labor laws and labour Conducts management practices.  Put visible signage on site “No Jobs for children.” Co Total Cost for Decommissioning Phase 1,500,000 Overall costs for Roads and Drainage ESMP 6,850,000 re su lo isc D 170 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.6 Water Supply and Sewerage Component The porposed Water supply component will be implemented in Shibale and Mjini settlements while the sewerage system construction component will be done in Kambi Somali and Amalemba Settlements. The environment and social impacts that have been identified for mitigation and costing are as outlined in the tables below; 8.6.1 ESMP Pre-Construction Phase py Table 8.7: ESMP for Water Supply and Sewerage_Pre-Construction Phase Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost Co (Kshs) PLANNING PHASE Clearance of right Physical and In line with the provisions of the Consultation Minutes RAP CPCT Prior to County of way/ Corridors Economic RPF prepare and effectively and signed lists of implementation CRIC project Internal Cost Displacement implement a plan for managing participants. report. starting land related impacts. Whenever re Facilitate all affected persons and Type and amount of needed address all grievances prior to facilitation commencement of works. /compensation provided to affected su persons. Number of project affected persons lo facilitated/compensate . Number and Type of isc Grievances reported. Number of Grievances resolved/not resolved. Developing of the Ineffective Development of a site-specific Available Available C- Contractor Prior to the 200,000 D Site Specific implementation Environment and Social comprehensive C- ESMP start of the ESMP of the ESMP as Management Plan adhering to the ESMP that covers all document Project guided in this laws and the Bank’s requirements the E&S risks as ESIA report guided by the Bank leading to and the relevant contractual and statues 171 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) other E&S impacts py Undertaking Gap in baseline Undertake baseline vibrational Baseline Vibration Available Contractor Prior to the 200,000 Baseline analysis results analysis within the project site. At analysis report Vibration start of the Vibration that may result in least 2 points per kilometer analysis Project Co Analysis grievances if report structures are impacted and a gap in the monitoring plan Undertaking Gap in baseline Undertake baseline air quality and Baseline Air and Noise Available Contractor Prior to the 200,000 re Baseline Noise analysis results noise survey within the project quality assessment Noise and start of the and Air Quality that may result in site. At least 2 points per report Air quality Project measurement grievances and a kilometer assessment gap in monitoring report. su Preparing ESIAs  Legal  Prior identification of material ESIA licenses for the Available Contractor Prior to the 600,000 for the borrow implications due sites, campsites etc that require respective tasks as EIA reports CPCT start of the pits, Camp-sites, to lack of an EIA license in order to guided by the EMCA, and respective Batch plants etc lo 1999 (Rev 2015) subsequent tasks adhering to the develop/start construction. laws.  EIA reports to be reviewed and EIA licenses  Project stoppage submitted to NEMA by by the Kakamega County isc Environment department  Project delay prompting social issues. D Acquiring the Legal implications Acquire the required Workplace Workplace registration Available Contractor Within first 3 200,000 OSHA due to lack of registration certificates within 3 certificate Workplace months of Workplace adherence to the months of the development of (accompanied by registration setting up the Registration law the campsite, quarry etc Health and Safety certificate camp Certificate as Project stoppage Audit report and Fire required. by DOSHS safety audit report) 172 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Total 1,400,000 py Co re su lo isc D 173 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.6.2 ESMP Construction Phase Table 8.8: ESMP for Water Supply and Sewerage_ Construction Phase Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) CONSTRUCTION PHASE py Excavation and Dust emission  Establish a water sprinkling  Water sprinkling  Observations; Contractor Daily Cost trenching program in the dry season; undertaken/reducti  Complaints included in  Provide to workers dust on in amount of from the works Co masks always and ensure they dust; residents/ contract use them;  On site plan for  SEC dusty sections  Workers wearing dust masks always.  No of reports by re Community about high dust levels Excavation and  Health and safety  Develop a site specific EHSS  Grievance reports trenching risks (ergonomic Management Plan  Well documented su risks, injury  Develop a comprehensive EHSS management through labour management plan in plan and a Labour equipment etc) line with the Employment management Plan.  Increase in Soil Act, 2012  lo Erosion  Increase awareness among the  Blockage of workers and the host drainages communities about the isc  Increase in possible hazards and risks demand for  Align the project to ensure labor other facilities such as  Partial drainages and roads are not obstruction of significantly impacted. D traffic  174 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Trenching, Clear Soil Erosion  Stabilize disturbed  % area of Land  Site Contractor Routine Under the felling, Borrowing Rising of dust soils with grass and other disturbed during inspection, SEC, works Construction Increased acute vegetative matter; Construction Project Host contract materials respiratory  Avoid activities that can lead stabilized with grass records of area community py illnesses to or vegetative cover; stabilized CPCT Poor visibility for soils erosion during the rainy  Adequate drainage road users season; in place as provided Blocking of  Install adequate for in design and available Co drainage structures; stabilized drainages accordingly;  Backfill trenched areas;  Stabilize drainage channels  % areas of land with concreted or grass. Landscaped upon  Implement dust control Completion of measures construction works re  Sensitize workers and community on respiratory illness management including wearing of masks near su construction areas. Improper disposal  Soil, ground and  Stockpile all  EMCA guidelines  Field/site Contractor Weekly 200,000 of Construction water construction debris/wastes being used i.e. inspections; CPCT debris and lack Host contamination lo and dispose in according with storage and  Solid waste of/poor sanitation  General poor EMCA solid waste transportation by operator Community from Construction housekeeping management guidelines a licensed license; workers. that will increase  Procure qualified and transporter;  Records of isc health and safety approved NEMA waste  Good housekeeping where waste risks handling firms;  Designated and was delivered  Introduction of  Ensure Wastes are well-marked to; breeding not deposited or stored within temporary waste  Visual grounds for a riparian zone/wetland and holding facility inspection of D vermin or near storm drainage  No wastes riparian and channels; deposited any other other public  Provide sanitation place other than the areas for facilities for construction designated area workers; 175 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Fueling and Ground and  Careful fueling of  Impervious Presence of Contractor Routine Considered servicing of underground vehicles, plant and equipment platform that is Bunded area for in works vehicles and other contamination of used during construction; bunded in place; fueling and contract equipment. soils and water  Construct an  Oils and fuel stains servicing of py Management of impervious platform that is on the on the vehicles vehicles bunded exposed ground Licensed Where fueling and  NEMA Licensed hazardous servicing of vehicles in done; Transporter to waste handle to transport Co transport hazardous/contami offsite nated wastes; Running  Noise and  A regular proper  Noise and  Sample visits; Contractor Routine Considered equipment/ Vibrations maintenance of machinery vibrations within  Vehicle and in works machines/ tools nuisances including generators; allowable limits equipment contract  Grievances from  Sensitization of machine under EMCA re monitoring the host operators to shut off plants especially near schedule and community not in use and ensuring no residential areas and reports  Impact on unnecessary idling; other sources of su nearby structures  Provision of ear noise; mufflers to those most  Maintenance and exposed, especially that servicing records for operating heavy machinery/ the machinery; lo equipment;  Noise and  Adhering to the Noise and vibrations analysis Vibrations regulations records; isc  Qualified plant/ machinery operators; General Loss of Aesthetic  Ensure timely  No solid  Solid waste Contractor; Routine In the works construction Value collection and disposal of all construction waste management KISIP contract D activities Health and safety types of wastes, solid & liquid accumulation; practices concerns or wastes generated by the  Restoration and  Landscaping incidents project; landscaping of areas Public health  Landscaping works upon affected by incidents completion of construction construction activities; 176 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) activities undertaken; Damaged water  Waste water  Identify and mark the location  Reduction in  Physical Contractor; Routine 300,000 pipelines and generation of existing underground number inspections; CPCT, SEC py sewer lines/  Grievances due services of point source  Grievance systems to loss of water  Improvement of existing discharges from reports  Eyesore waste water and sewerage damaged  Can lead to management systems/ infrastructure; Co stagnation structures;  Repair of existing  Contamination  Putting in place appropriate waste water and of surface and measures to curb leaks and effluent managing underground spillages; structures e.g. water sources sewerage lines; Management of  Eruption and  Sustainable management  Training matrix to  Waste ContractorC Weekly for 200,000 re solid and liquid spread of of waste (solid and effluent); include community management PCT; Public solid waste wastes communicable  Treating effluent wastes at and workers training plan Health and effluent; diseases source on solid and liquid  Waste tracking Officer; su  Eye sore  No disposal of solid or liquid wastes management sheets  Increased in wastes near water sources  Designated and well  Effluent grievances from  Ensure sanitary facilities are managed solid and treatment Host community not near water sources and are liquid waste facilities waste quarterly lo and SEC well constructed and managed  Waste management analysis  Legal disputes  Avail toilets at the work fronts plan  Location of easily accessible to the the toilets and isc workers. their general  Sensitization of structure residents on observing proper hygiene practices e.g. proper hand washing; D  Monitoring and unclogging blocked drains including draining stagnant waters; 177 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Temporary Traffic Livelihood  Installation of appropriate  Register of  Visual ContractorC Daily for 200,000 and business Disruptions signage to direct and control Residents whose inspection of PCT Traffic disruption Traffic human and businesses are site to check Management congestion vehicular traffic; affected temporarily that measures ; Monthly for py  Traffic Safety awareness provided with are in place; Training and through training workers and alternative sites;  Review of awareness host community members,  Road signage to plans vis a vis campaigns displaying traffic safety control traffic in what the Co campaign posters place; contractor was  Training traffic marshals who  Alternative routes doing; aid in guiding traffic provided;  Grievance  Contractor adhering records on to site specific traffic settlement physical management development plans/ re ESMP Driving and  Road traffic  Ensure only qualified and  Record of licensed  Qualification Contractor Monthly for Internal Cost operation of other accidents experienced plant operators and approved record of SEC training and su equipment  Worker health handle machinery/ drivers and drivers and CPCT competence Training and and safety equipment; equipment operator; heavy records. awareness hazards such as  Maintain vehicles  Access control equipment Daily for cost crushed by and equipment in proper barriers, operators adherence to considered lo equipment, working condition; management  Display of traffic entrapment etc  Control access around system, signs warning and management  Increased dust construction sites; (danger signs, danger signs protocol in place. isc emission.  Install all relevant traffic signs hazard signs etc) on traffic  Damage to and traffic safety awareness  Security provided safety community posters around construction assets  Enforce and monitor a speed sites and limit of 20km/hr within the excavations sites; D construction area, at the  Training records campsite etc;  Training and awareness to workers and community 178 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) General work Occupational  Conduct a comprehensive  OHS Risk  Monthly OHS Contractor Daily for 800,000 practices Safety and OHS risk assessment and Assessment inspection CPCT activities (Occupational Hazards outline all possible risks that document (housekeeping, pertaining to Safety and Health) arise from the various tasks;  Site Specific PPE, training works; py  Implement the mitigation Environment, etc) measures outlined in the OHS Social, health and  Quarterly Monthly risks assessment; Safety Management OHS Audits scope  Develop the EHSS Plan  Availability of specific monitoring Co Management Plan;  PPE provision and the OHS risks monitoring plan assessment OHS  Train all workers on General document inspections OHS as guided by OSHA  Training and 2007 Competence matrix  Available Quarterly  Verify competence of all outlining all training EHSS OHS Audits workers undertaking that will be done and Management all that have been Plan re specialized tasks such as the heavy equipment operators; done on a monthly  Provide all other necessary basis (including training to the workers toolbox talks) su (Traffic safety, work at height,  Availability and easy risk assessment, First Aid, Fire access to first aid safety, Manual Handling) as kits/tools; guided by the relevant statutes  Records of OSHA lo and Industry Best Practices; kept;  Provide and ensure that all workers on site wear isc PPEs (reflectors, safety boots, gloves, goggles, ear mufflers and breathing protection) relevant to the tasks assigned to them; D  Increase OHS awareness through conspicuously display safety caution signage at strategic places within all work places; 179 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Put in place necessary hazards and risk mitigation measures;  Keep records of OSHA including reported py incidents;  Ensure only qualified and experienced personnel handle machinery Co and equipment;  Provide appropriate tools that should be in good working conditions;  Adherence to the Occupation Safety and Health re Act (OSHA 2007) and subsequent regulations Sourcing  Resource use  Hold consultations with the  Minutes of Grievance Contractor Water 50,000 construction water conflicts SEC and CPCT Consultative records SEC abstraction (to facilitate su  Water source with a view meetings CPCT permit consultative contamination to discussing any potential held to identify before meeting)  Increased water resource use Conflicts that water sources; abstraction bourne diseases may arise and come up with a  Grievance records begins lo strategy of how to avoid them;  Map showing the  Identify water approved sources of Other sources for construction water and water measures isc during the planning and abstraction point monitored design phase and as much as  Water abstraction monthly possible, avoid community permit water sources  Acquiring the Water D Abstraction Permit from the Water Resources Authority Labor influx  Local  Prioritize hire of locals for  Grievance raised,  Policy Contractor Continuously No Employment all unskilled labour. those aggrieved, document; additional SEC  Implement a local status of resolution.  Interviews cost recruitment plan that is fair records; CPCT 180 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) and transparent (including  Fair and Transparent  Record of recruitment processes that local recruitment plan incidents of ensure inclusivity of both in place. GBV reported; men and women,  Recruitment  Labour py Vulnerable individuals, processes (job management minority clans, ethnic adverts, interviews, records groups etc. selection etc.)  Adhere to all local labour  Number of Locals laws and labour Co employed based on management practices gender, vulnerability, (timely remuneration, ethnic group, clan etc. equitable compensation  Type of employment for both genders for equal (skilled, semi-skilled work etc.). and unskilled).  Create awareness to re workers and the community on worker and project grievance redress su mechanism.  Hiring unskilled construction and skilled (if available) labour from the lo local population as far as possible.  Use of manual labour during excavation and isc construction works where possible.  Prepare a labour influx plan to manage labour influx. D  Prepare an employment plan.  Sensitizing workers and the surrounding community on awareness, prevention, and 181 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) management of HIV / AIDS. Stakeholder  Exclusion of  Share project information  No of Vulnerable and  Stakeholders Contractor Continously Stakehold py Engagement Disadvantaged widely and in a timely Disadvantaged mapped, er Resident and Vulnerable manner through the easily groups mapped in Stakeholder engageme Engineer groups. accessible various each of the engaged plan. nt costs  Inadequate channels of settlements.  Minutes of the CPCT communication i.e.  Meetings and agenda Co stakeholder meetings held GRC Engagement. through local of all meetings held with administration and SEC with all stakeholders. stakeholder SEC chairs engaged.  Introduce measures for  List of affirmative action that attendance of would ensure VMGs and all meetings re IPs, especially persons Conducted. with disability, the elderly and GBV-affected women su have access to job opportunities.  Undertake recruitment transparently, while lo ensuring the inclusion of VMGs  Development and implementation of a isc stakeholder engagement plan  Continuous stakeholder consultation throughout the construction phase as D guided by the approved stakeholder engagement plan 182 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Grievance  Ineffective  Constitute a local  Local Grievances  Grievance Contractor Continously No Redress Grievance Grievances Committee in Committee in place, Register. additional Resident Mechanism Management consultation with all composition of  Hard copy of all cost. Engineer community segments and Committee. Grievance py incorporate the existing  Number of nature of forms CPCT local dispute resolution cases received and  Hard copy of all GRC mechanisms. logged (Updated Grievance  Implement a worker’s grievance Redress Resolution SEC Co grievances mechanism. logs/register. forms.  Create awareness on the  Number and type of  Minutes of culturally appropriate and pending Grievances. meetings held accessible GRM to all  Number of GRC with community segments meetings conducted community including vulnerable and grievances towards individuals and resolved in the GRC Grievance re households and CSOs meetings. register.  Log,date,process,resolve  Number and type of and close out all reported facilitations done for su grievances in a timely SEC/GRC to solve manner. Community  Ensure proportionate Grievances. representation of  Awareness of lo disadvantaged persons in community an the local grievances worker’s on project committee. and worker’s GRM.  Enable the GRM to isc  Number of provide for confidential grievances resolved in reporting of particularly a timely manner. sensitive social aspects  Number of such as GBV as well as grievances escalated D anonymity. to national courts and the World Bank Grievances Redress service and inspection Panel. 183 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) Labour  Child  Ensuring than each  Records of Child  Approved Code Contractor Continuously No Management Exploitation/La employee signs a code of protection cases of Conduct additional Resident bour conduct that covers child reported in the document. cost. Engineer protection ensuring no project.  Records of py children are employed on  Develop a child Employees site in accordance with protection Code of engaged in the national labour laws. Conduct. project.  Ensuring that any child  Number of  Contract Co sexual relations offenses Inductions sessions documents of among contractors' on Child protection all employees workers are promptly Code of Conducts. engaged in the reported to the police.  Number of refresher project.  Employ workers who are awareness training on 18 years and above and Child protection with a valid national ID at Code of Conducts. re the time of hire.  Number of staff who  Implement and monitor have signed Code of the employment register Conduct. su regularly.  Comply with the national labour laws and labour management practices. lo  Put visible signage on site “No Jobs for children.” isc Labour  GBV/SEA/SH  Develop and implement a  Number of  Minutes of Contractor Monthly No Management plan to manage the risk of Inductions sessions meetings additional Resident SEA/SH. on GBV/SEA/SH conducted. costs Engineer.  Map the GBV referral and signing of Code  List of Quarterly pathways and create of Conducts. attendance and CPCT D awareness among women  An approved Code of pictures of the and men on the risk of Conducts. stakeholder SEA/SH.  Number of GBV, engagements.  Ensure the GRM is SEA and SH cases  List of SEA/SH responsive. reported and attendance of resolved. 184 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Ensure all those with  Number of Toolbox talks physical presence on site Community trainings. sign and understand the sensitization sessions  Evidence of Code of Conduct. on GBV/SEA and IEC materials py  Put in place measures for SH. used. monitoring GBV/sexual  Number of  Signed Codes harassment. Continuous training of Conducts  Contractor to develop and and awareness Co Implement policy on training done through sexual toolbox talks. exploitation/harassment  Number of IEC and Gender based materials done to violence. create awareness.  The contractor to develop  Number of and implement grievance stakeholder re redress mechanism engagements including non-retaliation conducted on of whistle-blower, the GBV/SEA/SH. su GRM strategy will be  Establishment of a specific in handling of grievance responsive GBV, SEA and SH (sexual GRM. harassment cases) that will lo ensure survivor centered approach and confidentiality.  The contractor will isc develop a whistle blower strategy ;  Implement the signing of Code of Conduct before D deployment to site after recruitment.  Undertake gender mainstreaming during the construction phase 185 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs)  Disseminate the policy among all the staff and SEC;  Put in place measures for py monitoring GBV/sexual harassment.  Create awareness among women and men on GBV Co and SEA risks including reporting and referral pathways.  Have deterrent/punitive measures for any offenders reported. Total Cost for Construction Phase 2,150,000 re su lo isc D 186 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.6.3 ESMP Operational Phase Water and Sewerage Component Table 8.9: ESMP for Water Supply and Sewerage_Operations Activities Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated /Social Impact Measures Verification party Frequency Cost (Kshs) py Vandalism or  Unsustainable use of  Promoting water  Well-maintained storm  Site visit project  Residents SEC; Routine Internal tampering water; improper conservation water drains; records  County Costs within with disposal of effluent, mechanisms;  No. of sensitization  Grievance reports Government; the County infrastructure grey water and black  Regular Co monitoring and awareness  KACWASCO water and maintenance of campaigns on water  Source of sewerage and water conservation, hygiene contamination of supply infrastructures; and waste water underground and  Community policing management surface water bodies on undertaken; improper use practices;  Sampling and testing re  Maintain storm water effluent before drains in proper discharge into the working state; environment; su  Sensitizing community members on illegal connections, tampering with water lo supply and their impacts to their public health, and legally.  Enhance community isc policing;  Boost security and patrol activities;  Liaison between D residents and security organs to enhance security;  Frequent inspection of infrastructure state; 187 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Activities Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated /Social Impact Measures Verification party Frequency Cost (Kshs) Poorly  Soil, ground and  Promote proper use of  Records of regular soil  General KACWASCO Routine Internal managed water contamination sanitation facilities and water quality management of SEC Company and/or  Increase of water especially toilet and sampling and testing; available sanitary costs constructed latrines;  Maintenance of storm facilities py bourne diseases sanitation  Visual pollution  Promote for the drains in proper  No uncontrolled facilities, construction of working conditions; discharge of  Foul smell waste water sanitary facilities that  Pollution sensitization sewer from the discharge and are connected to the and awareness sewer system Co spillage sewer system. campaigns;  Promote construction of sanitary facilities that curb pollution  Attend to broken sewer systems re promptly Unsustainabl  Increased demand  Sensitization and  Sustainable water and  Site visits; SEC; Routine; Internal e Water use for water with awareness creation on power management  Incidence Utility Consumption Company practices companies; record costs su diminished supply responsible use of being practiced; reports;  Point contamination available resources;  Household level  Records of utility quarterly; of water in supply  Metering of resource reduced water and companies  Water use conflicts supply points where electricity utility bills; (power and possible; lo  No. of illegal water);  Use of incentives and connection to supply disincentives e.g. lines (water, electricity); charging per units isc consumed on resource use to encourage conservation;  Mapping and monitoring installed D supply structures to curb illegal connections; 188 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Activities Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated /Social Impact Measures Verification party Frequency Cost (Kshs) Stakeholder  Exclusion of  Share project  No of Vulnerable and  Stakeholders Contractor Continously Stakeholder Engagement Disadvantaged information widely and Disadvantaged groups mapped, engagement Resident and Vulnerable in a timely manner mapped in each of the Stakeholder costs Engineer groups. through the easily settlements. engaged plan. py  Inadequate accessible various  Meetings and agenda  Minutes of the CPCT stakeholder channels of of all meetings held meetings held GRC Engagement. communication i.e. with all stakeholders. with stakeholder through local engaged. SEC Co administration and SEC  List of attendance chairs of all meetings  Introduce measures for Conducted. affirmative action that  would ensure VMGs and IPs, especially re persons with disability, the elderly and GBV- affected women have access to job su opportunities.  Undertake recruitment transparently, while ensuring the inclusion lo of VMGs  Development and implementation of a isc stakeholder engagement plan  Continuous stakeholder consultation throughout the construction phase D as guided by the approved stakeholder engagement plan 189 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Activities Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated /Social Impact Measures Verification party Frequency Cost (Kshs) Grievance Ineffective  Constitute a local  Local Grievances  Grievance Contractor Continously No Redress Grievance Grievances Committee Committee in place, Register. additional Resident Mechanism Management in consultation with all composition of  Hard copy of all cost. Engineer community segments Committee. py Grievance forms and incorporate the  Number of nature of  Hard copy of all CPCT existing local dispute cases received and Grievance GRC resolution mechanisms. logged (Updated Resolution forms.  Implement a worker’s grievance Redress  Minutes of SEC Co grievances mechanism. logs/register. meetings held  Create awareness on the  Number and type of with community culturally appropriate pending Grievances. towards and accessible GRM to  Number of GRC Grievance all community segments meetings conducted register. including vulnerable and grievances re individuals and resolved in the GRC households and CSOs meetings.  Log,date,process,resolv  Number and type of e and close out all facilitations done for su reported grievances in a SEC/GRC to solve timely manner. Community  Ensure proportionate Grievances. representation of  Awareness lo of disadvantaged persons community an in the local grievances worker’s on project committee. and worker’s GRM. isc  Enable the GRM to  Number of grievances provide for confidential resolved in a timely reporting of particularly manner. sensitive social aspects  Number of grievances such as GBV as well as escalated to national D anonymity. courts and the World  Bank Grievances Redress service and inspection Panel. 190 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Activities Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated /Social Impact Measures Verification party Frequency Cost (Kshs)     py Co re su lo isc D 191 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.6.4 Decommissioning Phase Table 8.10: ESMP for Water Supply and Sewerage_Decommissioining Project Environmental Proposed Mitigation Monitoring Means of Responsible Monitoring Estimated Activities /Social Impact Measures Indicators Verification party Frequency Cost (Kshs) py Demolition of  Solid construction waste  Avoid decommissioning  Documented  Records of Contractor Once after 500,000 camp site generation by liaising with CPCT and agreement with the recycled or CPCT completion  Increase in Health and SEC to retain structures CPCT and SEC to reused SEC of the project Safety Incidents to be used by community retain the camp wastes; Co if possible facilities if possible and  Fully  Timely collection and desired rehabilitated disposal of construction  No construction waste campsite wastes and debris by on site and/or (either used NEMA approved dumped near site; by collector;  Amount of wastes community re  Identify those who can recycled/reused and or removed reuse or recycle aspects of who; by the the waste and deliver contractor them such wastes there; to its su  Consistent Health and original safety management with state) competent HSE personnel, equipment lo operators etc Decommissio  Grievances due to the  Waste management plan  Well documented and  Grievance Contractor; Unforeseeabl To be ning of water loss of piped water with identified locations approved reports County e future factored in isc and sewerage  Increased time taken to for disposal, re-use or re- decommissioning  Permits and Government at a later piping fetch water purposing the waste plan, waste licenses SEC date  Increased demand for material management plan,  Managemen casual labour  A well developed and health and safety plan t Plans  Significance loss of water approved road etc  Incidence D  Uncontrolled discharge decommissioning plan  Available permits, records of black and grey water  Health and Safety licenses and approvals (OSHA); into the environment Management Plan for the prior to the start of the phase decommissioning task  Increased incidences of water bourne diseases.  Acquisition of all approvals, licenses, 192 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Health and Safety permits from relevant  No. incidents of incidents during the national and county workers who have decommissioning phase government authorities been affected;  Rising of dust  Caution all present at the  Workers sensitized  Increase amount of non- worksite of dangerous and using PPE always; recyclable waste material zones;  Qualifications of  Impact on service lines  Secure, barricade and workers engaged; py (water, sewer and condone off dangerous  Ensuring all workers lighting) zones; and those present at  Impact on community  Implement all the workplace use PPE; assets along the road requirements of OSHA  Proper behavior corridor (provision of workers within Co  Increase in noise with PPE and ensuring the workplace; pollution that they use it,  Appropriate use of sensitization of all tools to intended  Increase in surface run- workers about potential activities; off due to poor drainage hazards and how to  Stagnation of water mitigate them;  Increase in available land re  Employing trained for other uses workers;  Increase in employment  Provision of workers opportunities su with appropriate PPES  Occupational hazards/ and ensuring they use accidents them;  Temporary traffic  Ensuring machinery and disruption lo handled by qualified and experienced personnel; Labour Influx  Local Employment  Prioritize hire of locals  Fair and transparent  Policy Contractor Continuously No additional for all unskilled labour. local recruitment plan in document; cost isc SEC  Implement a local place.  Interviews recruitment plan that is  Recruitment processes records; CPCT fair and transparent (job adverts, interviews,  Record of (including recruitment selection etc.). incidents of processes that ensure  Number D of locals GBV inclusivity of both men employed based on reported; and women, vulnerable gender, vulnerability,  Labour individuals, minority ethnic group, clan etc. managemen clans, ethnic groups etc.  Type of employment t records  Adhere to labour laws, (skilled, semi-skilled and and labour management unskilled). 193 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) practices (timely  Grievances raised, those remuneration, equitable aggrieved, status of compensation for both resolution. genders for equal work etc.)  Create awareness to workers and the community on worker py and project grievance redress mechanisms. Community  Local Sourcing  Source materials from  Number and types of  List of Contractor Continuously No additional Engagement local businesses sourced suppliers by cost. Co businesses/communities. from. gender.  As applicable, give  Number and types of  Local opportunities to businesses owned and suppliers businesses owned or operated by vulnerable engaged in operated by vulnerable individuals. the project individuals. re  Inadequate Stakeholder  Share project information  Number of Vulnerable  Stakeholder Contractor Continously Stakeholder Engagement widely and in a timely and disadvantaged s mapped, engagement Resident  Exclusion of manner through diverse, groups mapped in each Stakeholder costs Engineer su disadvantaged and feasible and accessible of the settlements. engaged vulnerable groups. channels of  Minutes of all meetings plan. CPCT communication e.g., held with  Minutes of GRC public forums. disadvantaged/vulnera the meetings  lo Introduce measures for ble groups. held with SEC affirmative action that stakeholder would ensure especially engaged. persons with disability,  List of isc the elderly and women attendance have access to job of all opportunities. meetings  Undertake recruitment Conducted. transparently, while  D ensuring the inclusion of disadvantaged groups.  Develop and implementation of a stakeholder engagement plan. 194 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Engage stakeholders throughout the project phase as guided by the approved stakeholder engagement plan. Grievance  Ineffective Grievance  Constitute a  Local Local Grievances  Grievance Contractor Continuousl No additional Redress Management Grievances Committee in Committee in place, Register. y cost. Resident py Mechanism consultation with all composition of  Hard copy Engineer community segments and committee. of all incorporate the existing Number of nature of Grievance CPCT local dispute resolution cases received and forms GRC mechanisms. logged (updated GR  Hard copy Co  Implement a worker’s logs/register). of all SEC grievances mechanism.  Number and type of Grievance  Create awareness on the pending grievances. Resolution culturally appropriate and  Number of GRC forms. accessible GRM to all meetings conducted  Minutes of community segmentsand grievances resolved meetings re including vulnerablein the GRC meetings. held with individuals and  Number and type of community households and CSOs. facilitations done for towards  Log, su date, process, the SEC/GRC to solve Grievance resolve, and close-out allcommunity Grievances. register. reported grievances in a Awareness of timely manner. community and  Ensure lo proportionateworkers on project and representation ofworker GRMs. disadvantaged persons in Number of grievances the local grievances resolved in a timely isc committee. manner.  Enable the GRM to  Number of grievances provide for confidential escalated to national reporting of particularly courts and the World sensitive social aspects D Bank Grievances such as GBV, as well as Redress Service and anonymity. Inspection Panel. Labour  Gender Based Violence  Develop and implement a  Number of Inductions  Approved Contractor Continuousl No additional Management  Sexual Exploitation and policy on SEA/SH. sessions on SEA/SH. Code of y cost. Resident Abuse (SEA) and Sexual  Map the GBV referral and signing of Code of Conduct Engineer Harassment pathways and create Conducts. document. 195 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) awareness among women  Signed Code of  Records of and men on the risk of Conducts. Employees SEA/SH.  Number of, SEA and engaged in  Ensure the GRM is SH cases reported and the project. SEA/SH-responsive. resolved.  Contract  Ensure all those with  Number of Community documents physical presence on site sensitization sessions of all py sign and understand the on SEA and SH. employees Code of Conduct.  Number of Continuous engaged in  Put in place measures for training and awareness the project. monitoring GBV/sexual training done through harassment. toolbox talks. Co  Number of IEC materials done to create awareness.  Number of stakeholder engagements conducted on GBV/SEA/SH. re  Establishment of a grievance responsive GRM. su Labour  Child Exploitation and  Ensure each employee  Records of Child  Minutes of Contractor Monthly No additional Management Abuse signs a code of conduct protection cases meetings costs Resident that covers child reported in the project. conducted. Engineer. protection ensuring no  Develop a child  List of Quarterly lo children are employed on protection Code of attendance CPCT site in accordance with Conduct. and pictures national labour laws.  Number of Inductions of the  Ensure that any child isc sessions on Child stakeholder sexual relations offenses protection Code of engagement among contractors' Conducts. s. workers are promptly  Number of refresher  List of reported to the police. awareness training on attendance D  Employ workers who are Child protection Code of Toolbox 18 years and above, and of Conducts. talks with a valid national ID at  Number of staff who trainings. the time of hire. have signed Code of  Evidence of  Implement and monitor Conduct. IEC the employment register materials regularly. used. 196 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Comply with the national  Signed labor laws and labour Codes of management practices. Conducts  Put visible signage on site “No Jobs for children.” Total costs for Decommissioning Phase 500,000 Overall cost for implementing the Water Supply ESMP 4,050,000 py Co re su lo isc D 197 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.7 Electrical Component Amalemba and Shibale settlements will benefit from high mast lighting while the street lighting will be installed in Amalemba settlement. The Consultant combined the two electrical components of the project and developed ESMPs that governs them due to their similarity on implementation and E&S risks that arise from their implementation. 8.7.1 Pre-construction Phase py Table 8.11: Environmental and Social Management Plan_Electrical component_Pre-Construction Project Environmental Proposed Mitigation Monitoring Means of Respon Monitoring Estimate Activities /Social Impact Measures Indicators Verification sible Frequency d Co party Cost (Kshs) PLANNING PHASE Clearance of right Physical and In line with the provisions of the Consultation RAP CPCT Prior to County of way/ Corridors Economic RPF prepare and effectively Minutes and signed implementation CRIC project Internal Displacement implement a plan for managing lists of participants. report. starting Cost re land related impacts. Whenever Facilitate all affected persons and Type and amount of needed address all grievances prior to facilitation commencement of works. /compensation su provided to affected persons. Number of project lo affected persons facilitated/compens ate. isc Number and Type of Grievances reported. Number of Grievances D resolved/not resolved. 198 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Respon Monitoring Estimate Activities /Social Impact Measures Indicators Verification sible Frequency d party Cost (Kshs) Developing of the Ineffective Development of a site-specific Available Available C- Contract Prior to the 100,000 Site Specific implementation of Environment and Social comprehensive C- ESMP or start of the ESMP the ESMP as guided Management Plan adhering to ESMP that covers all document Project in this ESIA report the laws and the Bank’s the E&S risks as py leading to contractual requirements guided by the Bank and other E&S and the relevant impacts statues Preparing ESIAs  Legal implications  Prior identification of material ESIA licenses for the Available EIA Contract Prior to the 200,000 Co for the, Camp- due to lack of sites, campsites etc that respective tasks as reports and or start of the sites adhering to the laws. require an EIA license in guided by the EMCA, subsequent CPCT respective  Project stoppage by order to develop/start 1999 (Rev 2015) EIA licenses tasks the Environment construction. department  EIA reports to be reviewed  Project delay and submitted to NEMA by re prompting social Kakamega County issues.  Acquiring the Legal implications Acquire the required Workplace Available Contract Within first 3 100,000 OSHA Workplace due to lack of Workplace registration registration certificate Workplace or months of su Registration adherence to the law certificates within 3 months of (accompanied by registration setting up the Certificate as Project stoppage by the development of the Health and Safety certificate camp required. DOSHS campsite, quarry etc Audit report and Fire safety audit report) lo Total 400,000 isc 8.7.2 Construction Phase Table 8.12: Environmental and Social Management Plan_Electrical component_ Construction D Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) CONSTRUCTION PHASE 199 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) Excavation and  Minimal Rising of  Establish a water sprinkling  Dust management Grievance Contractor Daily Included in the trenching Dust program in the dry season; plan with a dust reports from project cost  Trip hazard  Provide to workers control schedule; workers and dust masks always and ensure  Workers wearing community py introduced  Ergonomic hazard they use them; dust masks always; members due to digging  Stabilize disturbed soils with  Grievances raised trenches grass and other vegetative about high dust  Increase labour matter; levels; Co demand for casual laborers  Health and safety hazards (inhalation of dust, struck by, over-exposure to the re natural elements, exhaustion etc) Installation of  Wide loads that are a  Mechanize the offloading task  Number of Grievance Contractor Routine until 400,000 su masts and pole traffic safety risk. as much as possible incidents related reports CPCT the (Transportation of  Waste packaging  Follow guidance by the NTSA to the tasks Labour SEC completion poles and masts to material produced on labeling of wide load  Grievances management of the task the designated  Musculoskeletal transportation related to the task plan in place sites) lo EHS inspection Weekly hazards brought  Use traffic marshals as much  Labour from off-loading as necessary management for reports for the inspection poles, masts and casual laborers task for  Engage employees that are other equipment compliance  All required labels isc physically able to undertake to the  Increase of the manual intensive tasks. and signs requirements demand for casual  Train the engaged employees displayed to be done labour on safe manual handling appropriately  Risk of poorly rigged  Ensure only qualified riggers  Trained traffic D equipment dropping are allowed to secure the marshals assigned from the vehicles equipment. to guide traffic  Inefficient and  Ensure that the adequate where necessary. insufficient PPE number of the correct type of  Competency issued to the PPE are issued to the casual certificates for the contractors and other laborers riggers. 200 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  All personnel should be trained on how to use the PPE and the impacts that come with not using the PPE. py Co General work Occupational Safety  Conduct a comprehensive  OHS Risk  Monthly OHS Contracto Daily for 800,000 practices and OHS risk assessment and Assessment inspection r CPCT activities (Occupational Hazards outline all possible risks that document (housekeeping, pertaining to Safety and Health) arise from the various tasks;  Site Specific PPE, training works;  Implement the mitigation Environment, etc) re measures outlined in the OHS Social, health and  Quarterly Monthly risks assessment; Safety OHS Audits scope  Develop the EHSS Management Plan  Availability of specific monitoring su Management Plan;  PPE provision the OHS risks and monitoring assessment OHS  Train all workers on General plan document inspections OHS as guided by OSHA 2007  Verify competence of all  Training and  Available Quarterly lo workers undertaking Competence EHSS OHS Audits specialized tasks such as the matrix outlining Management heavy equipment operators; all training that Plan will be done and isc  Provide all other necessary training to the workers (Traffic all that have been safety, work at height, risk done on a assessment, First Aid, Fire monthly basis safety, Manual Handling) as (including toolbox talks) D guided by the relevant statutes and Industry Best Practices;  Availability and  Provide and ensure easy that all workers on site wear access to first aid PPEs (reflectors, safety boots, kits/tools; gloves, goggles, ear mufflers and breathing protection) 201 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) relevant to the tasks assigned  Records of OSHA to them; kept;  Increase OHS awareness through conspicuously display py safety caution signage at strategic places within all work places;  Put in place necessary hazards Co and risk mitigation measures;  Keep records of OSHA including reported incidents;  Ensure only qualified and experienced re personnel handle machinery and equipment;  Provide appropriate tools that should be in good working su conditions;  Adherence to the Occupation Safety and Health lo Act (OSHA 2007) and subsequent regulations Driving and  Road traffic  Ensure only qualified and  Record of licensed  Qualification Contracto Monthly for Internal Cost operation of other accidents experienced plant operators and approved record of r training and isc equipment  Worker health handle machinery/ equipment; drivers and drivers and SEC competence Training and and safety hazards  Maintain vehicles equipment heavy CPCT records. awareness cost such as crushed by and equipment in proper operator; equipment Daily for considered equipment, working condition;  Access control operators adherence to entrapment etc  Control access around barriers,  Display of traffic D  Increased dust construction sites; management warning and management emission. system, signs danger signs protocol in  Install all relevant traffic signs (danger signs, on traffic place.  Damage to and traffic safety awareness community assets posters hazard signs etc) safety  Enforce and monitor a speed  Security provided limit of 20km/hr within the around 202 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs) construction area, at the construction sites campsite etc; and excavations  Training and awareness to sites; workers and community  Training records py Installation of  Minimal dust from  Provision of the right type and  Valid “Fit to Inspection Contracto Weekly 200,000 masts and poles cement quantify of PPE that are Work’ certificates reports r (Concreting the  Inhalation of dust by required for the task available for all Grievance CPCT poles in place) the workers  Provide training and employees report Co  Possible reaction awareness on the H&S risks  Toolbox talks Training matrix from workers that attached to the task through records and/ schedule are sensitive to dust. daily Toolbox talks  Medical insurance Medical  Identifying personnel cover for the insurance  Skin reactions from susceptible for respiratory employees. policy cover for workers with Irritant concerns and Irritant Contact employees Contact Dermatitis  Grievance reports re and other skin Dermatitis and other ailments  Spot site conditions related to the task. inspection  Poor quality and  Engage a Designated Health  Weekly su insufficient number Practitioner to undertake pre- documented EHS of PPE provided employment occupational inspections of the  Poor use of water medical examination on the task.  Musculoskeletal employees  lo Provide proper medical issues due to repetitive tasks, insurance for the employees heavy weights and  Provide for rest periods awkward postures  Mechanize the task as much as isc possible. Installation of  Mechanical hazards  Only qualified and approved  Grievance reports  Reports on Contractor Routine Considered in electrical cables of cuts and bruises, electricians with EPRA from contractor theft recorded CPCT works contract and solar panels adverse weather certificates should be allowed on thefts  Number of SEC and PPE considered in D conditions, to install electrical  Incidents related incidents ergonomic hazards components of the project. to the task  General General work due to repetitive  Proper PPE for mechanical  Waste observation practices motions etc and other hazards to be management plan on (OHS)  Theft of supplied to the employees to include the housekeeping components packaging wastes management 203 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Littering of  Adhere to robust waste  Waste packaging material management plan in order to management avoid littering. plan  Once installation is complete py ensure all items are properly stored.  Engage security personnel and have robust security Co management plan to reduce the risk of theft  Cordoning the area clearly with marked signs in English and Swahili, clearly indicating the mechanical hazards related re with the task Commissioning  Electrical hazards  Only qualified and approved  Electrical  Number of Contracto Routine Considered in and testing exposure electricians with EPRA incidents incidents r works contract SEC and PPE su  Fire risk certificates should be allowed including injuries,  Visual to commission and test fatalities, or fires inspection of CPCT considered in electrical installations the work area General work  Issuance of electrical PPE to confirm practices (OHS) lo with the arc flash rating to compliance protect the employees against risk of electrocution  Cordoning the work area and isc erecting electrical hazard signage in English and Swahili clearly stating electrical hazards and minimum PPE to gain authorization. D Management of  Eruption and  Sustainable management  Training matrix to  Waste Contracto Weekly for 200,000 solid and liquid spread of of waste (solid and effluent); include management rCPCT; solid waste wastes communicable  Treating effluent wastes at community and plan Public and effluent; diseases source workers training  Waste tracking Health  Eye sore  No disposal of solid or liquid on solid and liquid sheets Officer; wastes near water sources 204 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Increased in  Ensure sanitary facilities are wastes  Effluent grievances from not near water sources and are management treatment Host community well constructed and managed  Designated and waste quarterly and SEC  Avail toilets at the work fronts well managed analysis py  Legal disputes easily accessible to the solid and liquid  Location of the workers. waste facilities toilets and  Sensitization of residents on  Waste their general observing proper hygiene management plan structure Co practices e.g. proper hand washing;  Monitoring and unclogging blocked drains including draining stagnant waters; re Labor influx  Employment of  Hiring unskilled construction  No of locals hired in  Policy Contractor Continuously No locals and skilled (if available) labour the project per document; additional SEC from the local population as far settlement.  Interviews cost CPCT su as possible.  No of Skilled locals records;  Use of manual labour during involved in project  Record of excavation and construction activities. incidents of works where possible.  Evidence based HIV GBV lo  Prepare a labour influx plan to awareness reported; manage labour influx. programmes.  Labour  Prepare an employment plan.  A Documented Labor management  Sensitizing workers and the management plan records isc surrounding community on awareness, prevention, and management of HIV / AIDS. D Stakeholder  Exclusion of  Share project information widely  No of Vulnerable and  Stakeholders Contractor Continously Stakeholder Engagement Disadvantaged and in a timely manner through Disadvantaged mapped, engagement Resident and Vulnerable the easily accessible various groups mapped in Stakeholder costs Engineer groups. channels of communication i.e. each of the engaged plan.  Inadequate through local administration and settlements.  Minutes of the CPCT stakeholder SEC chairs meetings held GRC Engagement. with 205 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Introduce measures for  Meetings and agenda stakeholder SEC affirmative action that would of all meetings held engaged. ensure VMGs and IPs, especially with all stakeholders.  List of persons with disability, the attendance of py elderly and GBV-affected all meetings women have access to job Conducted. opportunities.  Undertake recruitment Co transparently, while ensuring the inclusion of VMGs  Development and implementation of a stakeholder engagement plan  Continuous stakeholder re consultation throughout the construction phase as guided by the approved stakeholder engagement plan su Labour  Inefecetive  Timely closure of all grievances  No of cases Logged.  Grievance Contractor Continously No Management GRM logged.  Nature of cases Register. additional Resident  Proper facilitation and capacity received.  Hard copy of cost. Engineer lo all Grievance building to make the GRM an  Number of Grievances resolved forms CPCT effective conduit for grievances redress. and not resolved.  Hard copy of GRC  Number of GRC all Grievance isc  Project to ensure sensitization Resolution SEC meetings conducted of the GRM, its procedures, the and grievances forms. levels or officers to whom resolved in the GRC  Minutes of different types of grievances meetings. meetings held should be addressed and other  Number of with D relevant information. facilitations done for community the SEC to solve towards community Grievance Grievances. register. 206 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  Number of GRC meetings conducted and issues discussed. py Labour  Child  Ensuring than each employee  Records of Child  Approved Contractor Continuously No Management Exploitation/La signs a code of conduct that protection cases Code of additional Resident bour covers child protection ensuring reported in the Conduct cost. Engineer no children are employed on site project. document. in accordance with national  Develop a child  Records Co of labour laws. protection Code of Employees  Ensuring that any child sexual Conduct. engaged in the relations offenses among  Number of project. contractors' workers are Inductions sessions  Contract promptly reported to the police. on Child protection documents of Code of Conducts. all employees re  Number of refresher engaged in the awareness training on project. Child protection su Code of Conducts.  Number of staff who have signed Code of Conduct. lo Labour  GBV/SEA/SH  Contractor to develop and  Number of  Minutes of Contractor Monthly No Management Implement policy on sexual Inductions sessions meetings additional Resident exploitation/harassment and on GBV/SEA/SH conducted. costs Engineer. isc Gender based violence. and signing of Code  List of Quarterly  The contractor to develop and of Conducts. attendance CPCT implement grievance redress  An approved Code of and pictures of mechanism including non- Conducts. the retaliation of whistle-blower, the  Number of GBV, stakeholder D GRM strategy will be specific in SEA and SH cases engagements. handling of GBV, SEA and SH reported and  List of (sexual harassment cases) that resolved. attendance of will ensure survivor centered  Number of Toolbox talks approach and confidentiality. Community trainings. sensitization sessions 207 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsi Monitoring Estimated Activities /Social Impact Measures Indicators Verification ble party Frequency Cost (Kshs)  The contractor will develop a on GBV/SEA and  Evidence of whistle blower strategy ; SH. IEC materials  Implement the signing of Code  Number of used. Continuous training  Signed Codes py of Conduct before deployment to site after recruitment. and awareness of Conducts  Undertake gender training done through mainstreaming during the toolbox talks. construction phase  Number of IEC Co  Disseminate the policy among materials done to all the staff and SEC; create awareness.  Put in place measures for  Number of monitoring GBV/sexual stakeholder harassment. engagements  Create awareness among women conducted on re and men on GBV and SEA risks GBV/SEA/SH. including reporting and referral  Establishment of a pathways. grievance responsive GRM. su  Have deterrent/punitive measures for any offenders reported. Total costs for construction Phase 1,600,000 lo 8.7.3 Operation Phase isc Table 8.13: Environmental and Social Management Plan_Electrical component_Operation D 208 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Project Environmental Proposed Mitigation Monitoring Means of Responsibl Monitoring Estimated Activities /Social Impact Measures Indicators Verification e party Frequency Cost (Kshs) Insecurity, Vandalism and  Enhance community  Apprehension and Incidence of Residents; Routine No project inadequate infrastructure policing; prosecution of culprits vandalism Local costs. monitoring damage  Boost security and patrol of vandalism and those reported; administratio measures and that maliciously with n; Service py activities; poor  Liaison between supply lines; providers; community residents and security  Establishment and policing; organs to enhance embracing community security; policing e.g. Nyumba Co  Frequent inspection of Kumi initiative; infrastructure state; re su lo isc D 209 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.7.4 Decommissioning Phase Table 8.14: Environmental and Social Management Plan_Electrical component_Decommissioning Project Environmental Proposed Mitigation Monitoring Indicators Means of Responsible Monitoring Estimated Activities /Social Impact Measures Verification party Frequency Cost (Kshs) py Demolition, Solid  Timely collection and  No construction waste Records of Contractor Routine 200,000 dismantling construction disposal of construction on site and/or dumped recycled or and County and waste generation wastes and debris by near site; reused wastes; Government; excavation NEMA approved  Amount of wastes Co work collector; recycled/reused and who;  Identify those who can reuse or recycle aspects of the waste and deliver them such wastes there; re Excavation Soil erosion  Proper scheduling of  Monitor erosion Site visits Contractor; Monthly 300,000 works excavation works to sedimentation in the area; avoid wet season;  No gullies and trenches  Backfill all excavated observed upon su trenches and sites upon completion of demolition completion of works; works;  Plant ground cover  Appropriate landscaping; plants where backfilling lo has been done;  Maintain soil conservation works until isc the site stabilizes; D 210 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Lack/ failure Occupational  Caution all present at  No. incidents of workers Incidence Contractor Monthly; 300,000 to use PPEs; hazards/ the worksite of who have been affected; records (OSHA); Daily to the Poor accidents dangerous zones; Workers sensitized and Staff records; end of the handling of  Secure, barricade and using PPE always; Site visits; demolition machine/ condone off dangerous Qualifications of workers works equipment zones; engaged; and tools  Implement all the  Ensuring all workers and py requirements of OSHA those present at (provision of workers workplace use PPE; with PPE and ensuring  Proper behavior within that they use it, the workplace; sensitization of all  Appropriate use of tools Co workers about potential to intended activities; hazards and how to mitigate them;  Employing trained workers;  Provision of workers re with appropriate PPES and ensuring they use them; su  Ensuring machinery and handled by qualified and experienced personnel; Total cost for Decommissioning Phase lo 800,000 Overall cost of Implementing the Street lighting ESMP 2,800.000 isc D 211 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 8.8 ESMP Monitoring The ESMP Monitoring Parameters for the Construction Phase are outlined below; Table 8.15: Environmental and Social Monitoring Plan Issue Monitoring Parameters Expected Output Responsibility Physical  Drainage management Drainage systems that are Contractor Environment  Drainage outfall orientation compatible with the land use Resident Engineer  River and wetland crossings features along the corridor management  Spoil management and disposal  Disposal of spoil in accordance Contractor  Other waste management and disposal with regulations and conditions on Resident Engineer signed agreements  Waste management in accordance with the regulations y  Materials sites management (restoration  Materials rehabilitation plans Contractor plans)  Road reserve landscaping plans Resident Engineer p  Road corridor finishing (rehabilitation/restorations) Co  Air quality  Air sampling and measurements Contractor  Water quality  Water sampling and analysis Resident Engineer  Noise and vibrations  Noise measurements Biological  Vegetation cover  Rehabilitation plans Contractor Environment  Wildlife disruption  Conservatory construction Resident Engineer  Aquatic features (wetlands and rivers) practices re Social Aspects  OHS and Public Safety  Compliance with established Contractor  Security and emergencies regulations Resident Engineer  HIV/AIDS and communicable diseases  Provision and operations of HIV/AIDS su  Health and Sanitation wellness centers Consultant  Waste Management  Operations of VCT Centers KeNHA  Displacements of people  Training, Awareness and lo  Compensation and settlement prevention programmes  Employment and income generation  Compensation to the PAPs before  Accessibility to homes, services and project commencement institutions  Clear information, signage and isc  Traffic management barriers for safety D 212 9 CONCLUSION AND RECOMMENDATION 9.1 Conclusion The ESIA review revealed several gaps that were identified and documented. First the Baseline environmental and social data for Kakamega County were not only inadequate but also outdated based on the period lapse between the initial ESIA study (2017) and the current ESIA review exercise (2023). New and revised legal requirements in addition or the Bank’s Environmental and Social Framework (ESF) and other international requirements and guidelines were reviewed as well and considered in the updates of the ESIA study report. Additional public consultation was also done in order to revise the scope, guided by KISIP. The rescoring exercise was done consultatively involving both the GRC and the SEC. Only the settlements and the projects that were agreed upon were reviewed and included in the updated ESIA study. 9.2 Recommendations y The following are the consultant’s recommendations;  That the Contractor, guided by the ESMP, develops project specific Construction Environmental and p Social Management Plan that should be reviewed and approved by the Project Engineer prior to Co implementation  That a robust Labour Recruitment Plan and Labour management Plan for the project is developed for application in all projects specifying code of ethics for employment guided by the Employment Act.  That a robust Waste Management Plan be developed that aligns to the Sustainable Waste Management Act, 2022 and the County legislation re  That a comprehensive Grievance redress procedure be developed by the contractor for review and approval by the Engineer to handle grievances raised by the community members  That the contractor confirms that all the required permits and approvals have been acquired and su available for inspections and audits by the Project Engineer of the Employer.  That, prior to the start of the project, entry meetings should be held in each settlement to inform the public of the intention to commence the works and clarify to the community measures taken to lo manage labour related and other grievances that arise from the project.  Requirement for the contractor to develop and implement a Local recruitment plan. Youth employment is critical for the settlements, and a plan to ensure the contractor complies with isc prioritizing locals for unskilled labor is important.  Requirement for the contractor to have a Community Liaison Officer (CLO) on board. The CLO will be the link between the contractor and SEC/GRC/wider community.  To keep the GRC and SEC motivated to deliver their mandates, consider (if not already being done D under projects) providing sitting allowances to the SEC/GRC members. Further, ensure an engagement structure, e.g., monthly meetings involving the SEC GRCs, community members and local leadership, etc. 213 10 REFERENCES: MoALF. 2017. Climate Risk Profile for Kakamega County. Kenya County Climate Risk Profile Series. The Ministry of Agriculture, Livestock and Fisheries (MoALF), Nairobi, Kenya Kenya gazette, Constitution of Kenya 2010, Government printer, Nairobi Kenya gazette, Energy Act 2006, Government printer, Nairobi Kenya gazette, Environmental Management and Coordination Act 1999. Government printer, Nairobi Kenya gazette, Physical Planning Act, 1999 government printer, Nairobi Kenya gazette, Public Health Act (Cap. 242) government printer, Nairobi Kenya gazette, Work Injury Benefits Act (Cap 236), Government printer, Nairobi y Kenya gazette, Water Act 2016, Government printer, Nairobi p KISIP Socio-economic Report (2023) NEMA, Environmental Impact Assessment and Audit Regulations 2003. Government printer, Nairobi Co NEMA Kenya, EMCA Water Quality Regulations, 2006, Government printer, Nairobi NEMA Kenya, EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, Government printer, Nairobi re NEMA Kenya, EMCA Waste Management Regulations, 2006, Government printer, Nairobi su Lwanga, A. et al (2022); Effects of Sand-Harvesting on River Water Quality and Riparian Soil Physico-Chemical Properties (Vol.12); Open Journal of Ecology Oremo, J. et al. (2020); 'Assessment of Available Phosphates and Nitrates Levels in Water and lo Sediments of River Isiukhu, Kenya.' Applied Ecology and Environmental Sciences 8.3 (2020): 119-127. isc weather-atlas.com https://www.weather-atlas.com/en/kenya/kakamega-weather-july weatherspark.com https://weatherspark.com/y/98115/Average-Weather-in-Kakamega-Kenya-Year- Round D 214 D isc lo su re Co py 215 ANNEXES p y Co ANNEX I: Experts license re su lo isc D 216 D isc lo su re Co py FORM 7 nema mazingira yetu I uhai wetu I waJibu wetu (r. 13(2)) y NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY(NEMÄ) p THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATIONACT ENVIRONMENTAL IMPACT ASSESSMENT/ÄUDIT(EIÄ/EÄ) LICENSE PRACTICING Co Application Reference No: License No :NEMA/EWERPL/18649 NEMA/EWEL/24562 re M/S Cynthia Achieng Ochieng (individual or firm) of address su P.O. Box 956 - 00200 NAIROBI is licensed to practice in the capacity of a (Lead Expert/Associate Expert/Firm of Experts) Lead Expert lo General registration number 2469 isc in accordance with the provision of the Environmental Management and Coordination Act cap 387. Issued Date:1/23/2023 Expiry Date: 12/31/2023 D Signature... .. irector Ge The National E vi ment M e t Authority P.T.O. 015' p y Co ANNEX II: Project EIA License re su lo isc D 217 D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py p y Co ANNEX III: Settlement Maps re su lo isc D 218 p y Co Initial Settlement Layout Maps re su lo isc D 219 ANNEX II: MAPS OF EACH OF THE SITES INFRASTRUCTURE UPGRADING PLAN AND ENGINEERING DESIGNS OF INFRASTRUCTURE IN INFORMAL SETTLEMENTS 664500 664600 664700 664800 664900 665000 665100 665200 665300 665400 665500 665600 665700 p y Co re su 0 0 ~ lo isc D 664500 664600 664700 664800 664900 665000 665100 665200 665300 665400 665500 665600 665700 LEGEND LAND USE ANALYSIS MAP SPECIFICATION PLANNING SITE - P1anning_Boundary 111111 Conservation Land Use Percentages t 1 :4,500 SHIBALE-KAKAMEGA • -- Plot Boundary Transportaion 13.06 COUNTY - Educational NOIITH High Mast Ill Industrial Residential 60.57 Coordinate System: UTM Zone 36 CONSULTANT -- Road_Oesign L Public Purpose I Industrial N Projection: Transverse Mercator Datum: ARC1960 8.67 BHUNDIA LJ Agricultural 1111 Residential false easting: 1111 Commercial 111111 Transportabon Agriculture I commercial 13.9 3.81 500,000.0000 false northing: 0.0000 central meridian: 33.0000 scale ~ -·--•-,.••-ors ~(~ - River_Area factor: 0.9996 PHY~~L~N!;B latitude of origin: 0.0000 KIVUTI KARINGI Units: Meter D isc lo su re Ongon 0.0000 Co py D isc lo su re Co py D isc lo su re Co py p y Co Updated Settlement Layout Maps re su lo isc D 220 KAKAMEGA PROJECT AREA MAP py Co re su lo isc D AMALEMBA PROJECT AREA LAYOUT MAP py Co re su lo isc D MUMIAS PROJECT AREA MAP py Co re su lo isc D SHIBALE PROJECT AREA MAP py Co re su lo isc D MJINI PROJECT AREA MAP py Co re su lo isc D p y Co Roads and Drainage Component Layout Map re su lo isc D 222 PROPOSED DESIGN FOR ROADS AND DRAINAGES KAKAMEGA py Co re su lo isc D D isc lo su re Co py MUMIAS D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py p y Co Water and Sanitation Project Component Layout Map re su lo isc D 221 WATER SUPPLY COMPONENET LAYOUT MAP py Co re su lo isc D D isc lo su re Co py SEWER COMPONENT LAYOUT MAP py Co re su lo isc D D isc lo su re Co py STREET LIGHTING AND FLOOD LIGHTS AMALEMBA SETTLEMENT py Co re su lo isc D D isc lo su re Co py SHIBALE SETTLEMENT py Co re su lo isc D MJINI SETTLEMENT py Co re su lo isc D p y Co ANNEX IV: List of stakeholders consulted in initial ESIA re su lo isc D 223 p y Co ANNEX V: Minutes of public consultation meetings during initial ESIA study re su lo isc D 224 Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) ANNEX IV: MINUTES OF BARAZA MEETINGS HELD IN INITIAL ESIA STUDY Mjini Settlement MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) CONSULTANCY FOR SOCIO-ECONOMIC SURVEYS, INFRASTRUCTURE UPGRADING PLAN AND ENGINEERING DESIGNS OF INFRASTRUCTURE IN INFORMAL SETTLEMENTS y Minutes of a Baraza Meeting held in Mjini settlement, in Mumias on Saturday 7 th p October 2017 at 2.00pm Co Present: Name Designation/Organization Ms. Pamela Adamba KISIP Cordinator-Kakamega County Mr. Stanley Adeya County Engineer Ms. Zenah Abubakar KISIP Official-Kakamega County re Ms. Wilfred Makomere KISIP Official-Kakamega County Ms Violet Ofisi Town Manager-Mumias Mr Philip Menda Town Administrator-Mumias su Refher Shibuko Mumias Sub-County Mr. William Njeru Bhundia Associates (BA) Ms. Grace Wambui Bhundia Associates (BA) lo Mr. Michael Wangonya Bhundia Associates (BA) Mr. Simon Gatheru Bhundia Associates (BA) Mr. Lynn Obare Bhundia Associates (BA) isc Mr. Mary Rapando Bhundia Associates (BA) SEC and Community Members Signed List of attendance attached Minutes: D 1.0 Introduction - The meeting started off with a word of prayer - The town administrator, Mr Philip Menda made a few remarks and introduced his team from Mumias Sub-County - KISP coordinator and consultant’s team leader were also given a chance to introduce their teams present. - The chairman of the SEC also made a few remarks and introduced all the SEC officials present 2.0 The KISIP Program - The KISIP coordinator took time to brief participants on the KISIP program, the progress so far and details of Component 3 (Investing in Infrastructure and Service Delivery) Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) - The Coordinator urged all participants to be fully involved and contribute in solving problems facing their settlement. 3.0 T he Consul t ant ’s bri e f/ rem arks - The consultant further explained the role they are playing under Component 3 (Investing in Infrastructure and Service Delivery), the progress so far and most importantly the contributions expected from the participants during the meeting. 4.0 Emerging Issues 4.1.1 Problems facing the settlement  Ms Zainab Hamisi, stated that Sanitation, electricity and water supply are the main y problems facing Mjini Settlement. p  Ms Zainab added that, pit latrines, which are the major sanitation facilities are faced Co with challenges of water table being high. The problem escalates during the rainy season and some pit latrines fill up with water and some even collapse.  Mr Mohammed Makokha supported Ms Zainab’s sentiments and added that toilet facilities are few, one is used by as many as 7 households and space to put up more is re limited  Mr Ramadhan Makokha stated that some residents have lived in Mjini for over 36 su years and have no titles or allotment letters for their land and this has hindered development.  On the land title issue, Mr Philip Menda advised Mr Ramadhan to check with him in lo his office because there are some allotment letters that are still due for collection in the county offices. isc  Mr Mohammed Shabal stated that there are no culverts on the newly constructed ring road and this makes crossing into the main road from the settlement a challenge especially for the school going children, considering the deep drains along the road. D  Residents also insisted that drainage within the settlement is a challenge and during the rainy season, the rain water run-off floods some houses and accessibility becomes a challenge because there are no paved roads/paths within the settlement 4.1.2 Proposed solutions (projects) to the problems Drainage and Accessibility  Residents proposed raised and paved paths/roads with proper drains to drain run-off to the main drainage along the tarmacked ring road. Water supply  Residents proposed individual connection to tap water and professionally constructed boreholes to alleviate the water shortage Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Sanitation  Residents of Masingo requested a long term solution to sanitation problem. They suggested public toilet with septic tanks or individual connection to a sewer line Security  Residents suggested extra floodlights/street lights at strategic position to light up the settlement Electricity  Only about 40% are connected to electricity, residents stated that the rest need to be connected. y  Residents also requested for a social hall and upgrading of Mumias Primary p School Co  Another resident insisted the drainage and pit latrine issue is the same in Mumias Muslim Girls Secondary School and the situation should be improved. 4.1.3 Prioritized Projects re The community with the help of the chairman of the SEC deliberated and proposed the following projects (in that order); su  Provide better walk paths with storm water drainage facilities  Boreholes  Sewer line and/or sanitation facilities like public toilet with Septic Tank lo  Solid waste collection facilities  Upgrade Mumias Muslim Primary School  isc Construct Storm Water Drainage Facility and Pit Latrines for Mumias Muslim Girls Secondary School  Provide a social hall  Upgrade houses D 5.0 Any Other Business (A.O.B)  Some residents said that the new road require bumps for the safety of school going children 6.0 Closing Remarks - There being no other business, the meeting ended at 5:00pm with a word of prayer. Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Kambi Somali Settlement MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) CONSULTANCY FOR SOCIO-ECONOMIC SURVEYS, INFRASTRUCTURE UPGRADING PLAN AND ENGINEERING DESIGNS OF INFRASTRUCTURE IN INFORMAL SETTLEMENTS Minutes of a Baraza Meeting held in Kambi Somali settlement, on Saturday 7th October 2017 at 10.00am Present: y Name Designation/Organization p Ms. Pamela Adamba KISIP Cordinator-Kakamega County Mr. Stanley Adeya County Engineer Co Ms. Zenah Abubakar KISIP Official-Kakamega County Ms. Wilfred Makomere KISIP Official-Kakamega County Mr. William Njeru Bhundia Associates (BA) Ms. Grace Wambui Bhundia Associates (BA) Mr. Michael Wangonya Bhundia Associates (BA) re Mr. Simon Gatheru Bhundia Associates (BA) Mr. Lynn Obare Bhundia Associates (BA) Mr. Mary Rapando Bhundia Associates (BA) su SEC and Community Members Signed List of Attendance Attached Minutes: lo 1.0 Introduction - The meeting started off with a word of prayer from one of the participants. isc - The Chairman of the Settlement Executive Committee (SEC) welcomed all participants to the meeting and introduced all the SEC officials present. - The chairman made a few remarks about the settlement and welcomed KISIP coordinator to conduct the rest of the meeting. D - KISP coordinator introduced her team and also requested the consultant’s team leader to do the same. 2.0 The KISIP Program - The KISIP coordinator briefed participants on the KISIP program, the progress so far and details of Component 3 (Investing in Infrastructure and Service Delivery) and the role the consultant was playing in that component. Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) - The Coordinator urged all participants to be fully involved and contribute in solving problems facing their settlement. 3.0 T he Consul t ant ’s re m arks - The KISIP coordinator invited the consultant to take the participants through the day’s program and the objective of the Baraza. - The consultant further explained the role they are playing under Component 3 (Investing in Infrastructure and Service Delivery), the progress so far and most importantly the contributions expected from the participants during the meeting. - The consultant urged participants to air the infrastructure challenges they faced in the area and possible solution to these challenges so that they can be noted and prioritized y in the meeting. p 4.0 Emerging Issues 4.1.1 Problems facing the settlement Co  The chairman stated that some roads had been tarmacked by county government but the drain channels on those roads did not have adequate capacity. During rainy season they cannot carry the excess runoff water leading to flooding of some areas in the re settlement. He also requested that the illegal structures along the roads be removed because they were obstructing traffic and can cause accidents. su  Simon, one of the participants pointed out the need to have the whole area served by tarmacked roads. This was so that those areas that are not served can feel part of the community. He also requested expansion of street lighting, which were present along lo the tarmacked areas, to all parts of Kambi Somalia to foster a sense of security.  Sofia Gena, the Vice Chair, emphasized the need for a public toilet in the area since isc when there is water shortage some residents resort to using flying toilets which become a health hazard. She also stated that the settlement lacked solid waste management system which resulted in damping of waste in undeveloped plots of land. D  The chairman reported that majority of the residents use septic tank. These septic tanks get filled and are flooded during rainy season, overflowing to the roads. There was need for resident’s plots to be connected to the sewer line and an elaborate sewer system constructed in the area.  The chair of the Muslim women group in the settlement wanted the water pipeline destroyed during construction of the roads be restored since it was the source of water for their water kiosk which is an income generating venture for the group.  One of the participant’s lamented the lack of open spaces where children can play or build a school or hospital in the area. He blamed this on land grabbing and requested that proper planning of the settlement be done. 4.1.2 Proposed solutions (projects) to the problems Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Sewer System  There was urgent need for a sewer system to be implemented in the area as most residents use septic tank which get full and flood during rainy season and overflow on the road leading to hazardous conditions. Drainage  To solve the drainage problem and manage rain water run-off, residents agreed that the existing drains need to be reconstructed to expand their runoff carrying capacity.  The Participants suggested tarmacked roads in all areas of the settlement and to have drainage channels on them. Sanitation  The participants present tasked the consultant to provide strategically located public toilet in the area to tackle the problem of some residents using flying y objects when there is a water shortage in the area. p 4.1.3 Prioritized Projects Co The community with the help of the chairman of the SEC deliberated and proposed the following projects (in that order);  Provide sewer system  Establish good drainage system  Public toilets to solve sanitation problem re  Expand tarmacked road network 5.0 Any Other Business su Other issues suggested by participants included;  The construction of Kambi Somali market by county Government to be completed lo and equipped with necessary facilities to enable it be functional. 6.0 Closing Remarks isc - There being no other business, the meeting ended at 1:00pm with a word of prayer. D Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Shibale Settlement MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) CONSULTANCY FOR SOCIO-ECONOMIC SURVEYS, INFRASTRUCTURE UPGRADING PLAN AND ENGINEERING DESIGNS OF INFRASTRUCTURE IN INFORMAL SETTLEMENTS Minutes of a Baraza Meeting held in Shibale settlement, on Monday 9 th October 2017 at 10.00am Present: y Name Designation/Organization p Ms. Pamela Adamba KISIP Cordinator-Kakamega County Mr. Stanley Adeya County Engineer Ms. Zenah Abubakar Ms. Wilfred Makomere Mr Philip Menda Ms Refher Shibuko Ms Violet Ofisi Co KISIP Official-Kakamega County KISIP Official-Kakamega County Town Administrator Mumias Sub County Town Manager Mumias re Mr. William Njeru Bhundia Associates (BA) Ms. Grace Wambui Bhundia Associates (BA) su Mr. Michael Wangonya Bhundia Associates (BA) Mr. Simon Gatheru Bhundia Associates (BA) Mr. Lynn Obare Bhundia Associates (BA) lo Mr. Mary Rapando Bhundia Associates (BA) SEC and Community Members Signed List of attendance attached isc Minutes: 1.0 Introduction - The meeting started off with a word of prayer from Pastor Obonyo. D Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) - The Chairman of the Settlement Executive Committee (SEC) made a brief remark welcomed all participants to the meeting - The chairman went ahead and introduced all the SEC officials present - KISP coordinator and consultant’s team leader were also given a chance to introduce their teams present. 2.0 The KISIP Program - The KISIP coordinator took time to brief participants on the KISIP program, the progress so far and details of Component 3 (Investing in Infrastructure and Service Delivery) - The Coordinator urged all participants to be fully involved and contribute in solving problems facing their settlement. p y 3.0 T he Consul t ant ’s bri e f/ rem arks - The KISIP coordinator gave the consultant a chance to take the participants through the Co day’s program and the objective of the Baraza. - The consultant further explained the role they are playing under Component 3 (Investing in Infrastructure and Service Delivery), the progress so far and most importantly the contributions expected from the participants during the meeting. re 4.0 Emerging Issues su 4.1.1 Problems facing the settlement  Joseph Obala a resident stated that water is a major problem facing the settlement in Angola unit. He said there are a few water kiosks supplied by the Chinese and water lo is sold at 10ksh per 20litres which not everyone can afford. For those who do rain harvesting, the water is contaminated by fumes from Mumias Sugar Company.  Mary Amakobe also insisted that effluent from the factory contaminates water from isc river Nzoia which has fish and people eat those fish, this is a health hazard and can causes diseases. Mary added that there should be provision of an orphanage for those children who don’t have parents.  Lillian Lumire stated that lack of sewer line, roads and drainage are also problems D affecting the settlement. There are no access roads in some parts and the participant was concerned if expansion of roads will have them relocated, she requested the consultant for a compensation for those who will be affected. Storm water settles in their houses and it is very difficult to get out of the house, so there is need for proper drainage system. There are some drains which have been dug by individuals and are not covered, this is dangerous especially for children.  Beverlyne Awinja talked about the issue of sanitation, she argued that the water level is very high and it becomes a challenge when they try to dig a pit latrine because the latrines contaminate boreholes water. The residents empty the toilets and just pour anywhere. Nearly 3000 people in Angola do not have toilets and most of them use flying toilets. She suggested construction of modern toilets that can be emptied  Kambara Jerusa stated that there is need for a polytechnique, a hospital and a rehabilitation Centre. She further explained that about 75% of the youth are involved with the issue of drug abuse. The residents rely on pharmacies for treatment in case of Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) a disease and sometimes they are given the wrong medication since there is no prescription from the doctor, therefore there should be construction of an affordable hospital Jerusa also emphasized that there are many cases of school drop outs so there is need for a polytechnique in the area.  Gladys Chebi stated that security is also a predicament in the settlement and there are no streetlights in the settlement, so walking after dark becomes a problem because criminals attack people when it’s dark. There is a police post near the factory where the residents report their cases but they are sent to the main police station. She insisted that unemployment is the main cause of this criminal deeds due to idleness.  One participant stated that the area lacks a playground for the children.  Rukia Anyango informed the consultants that there are some of the residents with title deeds. She requested every person to be given a title deed before the project commences. 4.1.2 Proposed solutions (projects) to the problems y Roads and Drainage p  The participants agreed that if there is need for relocation when expansion of Co roads is being done they will cooperate.  Participants suggested the drains should be covered properly for safety.  The participants present proposed the tarmacked roads. Sanitation  The participants suggested modern toilets that can be emptied when they fill up because the water table of the area is very high and can contaminate the borehole re water.  The participants also suggested flush toilets where possible. su  Strategically located public toilets with bathrooms  A sewer line with provision to connect individual houses lo Water supply  Participants suggested tap water in their homestead and borehole as an isc alternative source. Security  The consultants informed the residents that they were also carrying out a security mapping exercise for the area, participants suggested extra floodlights at marked hotspots and streetlights on main roads to light up the settlement. D 4.1.3 Prioritized Projects The community with the help of the chairman of the SEC deliberated and proposed the following projects (in that order);  Residents proposed for land reclamation to enhance crop production and empower youth in economic productivity.  A rehabilitation Centre  Sensitize people on the need for community policing so that crime cases can be reduced.  Better roads with proper drainage systems.  Boreholes as an alternative source of water.  Solid waste collection facilities. Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements)  Upgrade Shibale ACK Secondary School.  Provide public health facility.  Provide a social hall  Improvement of the houses. 5.0 Any Other Business Other issues suggested by participants included;  The participants also suggested some youth empowerment programs to educate the youths.  A social hall where the youth can involve themselves in activities this will reduce idleness and hence cases of crime and violence in the area will be minimal. y 6.0 Closing Remarks p - There being no other business, the meeting ended at 1:00pm with a word of prayer. Co re su lo isc D Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) Amalemba Settlement MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) CONSULTANCY FOR SOCIO-ECONOMIC SURVEYS, INFRASTRUCTURE UPGRADING PLAN AND ENGINEERING DESIGNS OF INFRASTRUCTURE IN INFORMAL SETTLEMENTS Minutes of a Baraza Meeting held in Amalemba Settlement, on Thursday 5 th October 2017 at 10.00am y Present: p Name Designation/Organization Ms. Pamela Adamba KISIP Cordinator-Kakamega County Co Mr. Stanley Adeya County Engineer Ms. Zenah Abubakar KISIP Official-Kakamega County Ms. Wilfred Makomere KISIP Official-Kakamega County Mr. William Njeru Bhundia Associates (BA) Ms. Grace Wambui Bhundia Associates (BA) re Mr. Michael Wangonya Bhundia Associates (BA) Mr. Simon Gatheru Bhundia Associates (BA) Mr. Lynn Obare Bhundia Associates (BA) su Mr. Mary Rapando Bhundia Associates (BA) SEC and Community Members Signed List of attendance attached lo In attendance Salim Mohamed Chairman-Kambi Somali isc Minutes: 1.0 Introduction - The meeting started off with a word of prayer D - The Chairman of the Settlement Executive Committee (SEC) made a brief remark welcomed all participants to the meeting - The chairman went ahead and introduced all the SEC officials present - KISP coordinator and consultant’s team leader were also given a chance to introduce their teams present. 2.0 The KISIP Program - The KISIP coordinator took time to brief participants on the KISIP program, the progress so far and details of Component 3 (Investing in Infrastructure and Service Delivery) - The Coordinator urged all participants to be fully involved and contribute in solving problems facing their settlement. Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 3.0 T he Consul t ant ’s bri e f/ rem arks - The KISIP coordinator gave the consultant a chance to take the participants through the day’s program and the objective of the Baraza. - The consultant further explained the role they are playing under Component 3 (Investing in Infrastructure and Service Delivery), the progress so far and most importantly the contributions expected from the participants during the meeting. 4.0 Emerging Issues 4.1.1 Problems facing the settlement y  The SEC chairman stated Sanitation, Water and Drainage as the main problems facing the settlement. He further specified that roads are impassable during the rainy seasons p due to floods and some households are affected by rain water run-off. He added that the area water table is high and this affects the pit latrines (which are the only sanitation Co facilities available to them.  Haji Muya, a resident of the settlement stressed that management of rain water run-off is a real problem and added security and electricity as other problems facing Amalemba settlement. re  Haji Muya also stated that the settlement lacks proper roads/paths and thus accessibility especially during the rainy season is nearly impossible. This makes su general transportation and even transporting the sick to the hospital a challenge. He however cautioned that too many roads within the settlement will limit space for housing, a point that was backed by several participants. lo  Adan Juma stated that some sections of Amalemba settlement lacks security lights and/or security masts. This makes the settlement very dark at night giving criminals opportunities to thrive. isc  Salim Musa enquired about the progress of the land titles, criticizing how this projects are going to be implemented without proper sub-division of land and issuance of title deeds. The KISIP coordinator clarified that the issue of land division and issuance of D title deeds is being carried by Component 2: Planning and Survey and the processes is ongoing and will be completed in due time. The coordinator urged the participants to adhere to the day’s program so that the objective of the meeting can be achieved and consultants to collect comprehensive data.  Participants also stated that solid waste management is challenging and rapid open dumping being the main disposal method is a health hazard as it causes air pollution. Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 4.1.2 Proposed solutions (projects) to the problems Drainage and Roads/Paths  To solve the drainage problem and manage rain water run-off, residents agreed that the settlement will have to be re-planned well and provide way for roads and paths.  One of the contributing factor to rain water causing flood is structure that occupy natural water ways including road reserves.  There was a unanimous agreement that structures that are built on road/path reserve will have to be moved so that a properly planned drainage system to manage run-off can be put in place alongside the roads/paths.  Participants suggested tarmacked roads, especially the main roads. y Sanitation p  The Chairman stated that the sanitation issue needed to be solved professionally Co because the area water table is high and pit latrine constructed in without proper professional advice especially of locations can cause ground water contamination.  The participants present tasked the consultant to provide the best and most feasible solution based on the following to proposal; re  Strategically located public toilets with bathrooms  A sewer line with provision to connect individual houses su Water supply  Participants suggested a more permanent solution to perennial lack of water because the current water source (tap water from the local water company) is lo inadequate. Ali Yusuf, one of the participants suggested borehole at strategic locations, a suggestion that was agreed by the participants present. isc Security  Informed that the consultant was also carrying out a security mapping exercise for the area, participants suggested extra floodlights at marked hotspots and streetlights on main roads to sufficiently light up the settlement. D 4.1.3 Prioritized Projects The community with the help of the chairman of the SEC deliberated and proposed the following projects (in that order);  Public toilets (with bathrooms) to solve sanitation problem  Paved roads and paths with drainage  Borehole as permanent solution to water  Additional security masts  Solid waste collection facilities  Upgrade Amalemba Primary ECD  Upgrade Kakamega Township classes  Social hall Reviewed and Updated Environmental and Social Impact Assessment Study Report Proposed Infrastructures Improvement Works In Selected Informal Settlements In Kakamega County (5 No. Settlements) 5.0 Any Other Business Other issues suggested by participants included;  Upgrading of Amalemba Primary ECD and Township Primary classes.  Social hall/Youth empowerment center to occupy idle youths. This, according to participants present will help reduce crimes and violence and nature talents as well. 6.0 Closing Remarks - There being no other business, the meeting ended at 1:00pm with a word of prayer. p y Co re su lo isc D p y Co ANNEX VI: Minutes of public consultation meetings during review and update re su lo isc D 225 CONSULTANCY SERVICES FOR ENGINEERING DESIGN REVIEW, REPARKAGING OF DETAILED ENGINEERING DESIGN & PREPARATION OF PROCUREMENT DOCUMENTS, UPDATING OF RAP AND ESIA REPORTS AND SUPERVISION OF THE PROPOSED INFRASTRUCTURES IMPROVEMENT WORKS IN SELECTED INFORMAL SETTLEMENTS IN THE COUNTIES OF KISUMU & KAKAMEGA Contract No. KE-MOTI-214793-CS-QCBS MINUTES OF KISIP 2 SETTLEMENTS WORKS SCOPING MEETING WITH THE COUNTY KISIP TEAM, 13TH FEB, 2023, AT MAGHARIBI HALL. PARTICIPANTS: p y Co re su lo isc D Abbreviations: KISIP – Kenya Informal Settlement Improvement Project CGK- County Government of Kakamega. NG – National Government WSP – Water Service Provider Minute Details of Discussion Action Min 1.0 1. Introduction and opening remarks Info Agenda 2. Project Brief/ Presentation by the consultants 3. Matters arising from the presentation 4. Closing remarks Min 1.1 The meeting was called to order by the KISIP County Coordinator at Info Introductions 11:10am where he welcomed the participants and gave the opening remarks. Thereafter, it was followed by introductions. The Project Team Leader indicated that the aim of the workshop was to Info narrow down on the previously scoped work and prioritized works in accordance with the current prevailing conditions. The KISIP Coordinator cited that the County KISIP team would be formally y introduced to allow for maximum cooperation and smooth running of the Info p project. Min 1.2 The Team Leader gave a brief about the assignment and cited that it was Info Co Consultant’s important for the county KISIP Team to be updated on the outcome of the presentation desktop review of the initial designs. Thereafter discussion to help forge a common way forward on the works. The TL indicated that the socio-economic team would do the RAP after the Info re design had been completed. The priority of works was to be done where there is corridor with few or no RAP issues. He indicated that the Consultant su and KISIP-NG would come back for the validation process and confirm to the settlements that what they had prioritized is what had been designed. lo The consultant gave a presentation on the scope of works for the 5No.settlements within Kakamega County which comprised of; Info  Roads and drainage work isc  Water and Sanitation works (sewer, ablution block, water kiosks and water lines)  Public lighting (Street lighting and floodlights) D The Consultant indicated that the SEC would prioritize works on their own Info based on the allocated funds but would do so under the guidance of the KISIP team and the Consultant. Min 1.3 The Project TL advised that when prioritizing roads there was need to Info Matters arising choose roads that would ensure continuity i.e. roads that connect tarmac from the road to tarmac road or roads connecting to public institutions. Consultant Comments and Proposition made for each settlement after the presentation included:  Amalemba Possible prioritised works included: Info 1. Roads and drainages. - Amina Salim Street - Abdi Mnemwa Street It was noted that the roads would improve accessibility to the markets and institutions during rainy seasons as the area is generally flat and frequently flooded. 2. Floodlight (1 No.) It was cited that Amalemba had insecurity issues hence the need for floodlight. It was indicated that solar would not be a better choice for floodlight as it had limited illumination width compared to grid lighting and also the initial installation cost incurred is high. y 3. Sewer connection. p It was indicated that most households (semi-permanent) are not connected to the main trunk sewer line. Co It was proposed that the sewer would be done along the road networks projected to allow for future connections. WSP representative assured that the company would cater for connection charges once the infrastructure has been put in place. re  Kambi Somali su It was noted that Kambi Somali had streetlights and a floodlight on its periphery hence no need for floodlights due to the budget restraints. Info lo The meeting was informed that most households in the settlement were using septic tanks and the Nabongo sewer network that had been isc decommissioned would be revived soon, thus there was need for extension of the main trunk along the road and last mile connectivity. The proposed prioritized works included: D 1. All the two road networks and sewer connection (main truck connection and last mile connectivity) 2. All the two road networks within the settlement together with street lighting along the roads and rehabilitation of drainage networks along the existing road networks.  Shibale Info It was mentioned that the settlement had several water kiosks within the settlement. The area had water but no connectivity to the households. The meeting proposed the following;  Road and drainage Networks i.e. prioritize construction of either Road 1, Road 3 or Road 4 and 2 combined  Construction of water supply system (water lines). The meeting indicated that the KISIP program to undertake construction of water lines as the WSP to undertake last mile connection to households  It was mentioned that Road 1 had numerous RAP issues hence its construction is only viable up to Shibale Primary School.  It was cited that the construction of Road 3 be done up to the St. Joseph High School. The Consultant and the WSP agreed that the WSP would work on an agreement showing timelines and the number of customers. It was noted that the settlement already had a floodlight serving the area. y  Lukoye It was proposed that Lukoye B3 Road be done. p The meeting also proposed the construction of water supply system ( Co Line network only without putting up water kiosks) The WSP representative suggested that the settlement would require water supply connection. It was mentioned that there would be a partnership re between the WSP and the Consultant during the implementation process. Mjini su It was proposed that either of the two roads be done. It was noted that Masanga Road would only serve a section of the community whereas Road 1 would help decongest the town center and open lo up the settlement for commercial activities spanning development in the process. isc It was suggested that water reticulation (possibly last mile connectivity) would be a good idea as it would have a great impact within the settlement. Min 1.4 The CEC indicated that there was a land committee at the County Assembly Info Closing Remarks and requested for its incorporation for budget purposes of unfinished D programs within the county and foster cooperation between the committee and the consultant. The Project TL expressed his gratitude towards the KISIP County Team and Info requested their full support during the deliberation meetings with the SEC members. He also requested for symbiotic relationship between the WSP and the All consultant to allow for implementation of works within the allocated timeline. The KISIP County Coordinator assured the Consultant of his full support D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH KISIP COUNTY TEAM py Co re Group Photo with KISIP Kakamega County Team Consultative Meeting with the KISIP CPCT Kakamega Team su lo isc D Meeting with the Kakamega County KISIP Team Discussions on the Scope of Works with the KISIP CPCT CONSULTANCY SERVICES FOR ENGINEERING DESIGN REVIEW, REPARKAGING OF DETAILED ENGINEERING DESIGN & PREPARATION OF PROCUREMENT DOCUMENTS, UPDATING OF RAP AND ESIA REPORTS AND SUPERVISION OF THE PROPOSED INFRASTRUCTURES IMPROVEMENT WORKS IN SELECTED INFORMAL SETTLEMENTS IN THE COUNTIES OF KISUMU & KAKAMEGA Contract No. KE-MOTI-214793-CS-QCBS MINUTES OF SCOPING MEETING WITH THE AMALEMBA SEC MEMBERS ON 14TH FEB, 2023, HELD AT KAKAMEGA SOCIAL HALL. p y Co re su lo isc D 1 p y Co re Abbreviations: KISIP – Kenya Informal Settlement Improvement Project su CGK- County Government of Kakamega KACWASCO – Kakamega County Water and Sanitation Company SEC- Settlement Executive Committee lo GRC – Grievance Redress Committee Minute Details of Discussion Action isc Min 1.0 1. Introduction Info Agenda 2. Consultant presentation 3. Matters arising from the presentation D 4. Closing remarks Min 1.1 The meeting was called to order by the KISIP County Coordinator at All Introduction 9:45am. Thereafter a prayer was offered followed by self-introductions from the participants. The KISIP Coordinator stated that the main purpose of the meeting was to Info give SEC members an opportunity to budget for the works in line with their needs, but under the guidance of the Consultant and the KISIP CPCT. 2 The Kakamega Chief Officer for Urban Areas and Housing indicated that Info he would offer his full support towards the decision made by the SEC members, and further suggested that the Consultant should make a courtesy call to the governor to bring him up to speed with the latest developments in the project. Min 1.2 The Project Team Leader indicated that the purpose of the meeting was to Info Presentation by go back to the community and repackage the works according to the the Consultant Amalemba settlement’s priority with the given budget. The Project TL advised that the prioritized works should have a great Info impact to the Amalemba settlement and further mentioned that when choosing roads as prioritized works, they should consider roads that provide y linkage and continuity. p The consultant then made a detailed power point presentation explaining Info Co the projects proposed in the original design, the estimated cost of implementing those projects at the current market rates, and the funds that have been allocated to the settlement. The consultant explained further that the purpose of the presentation was re to guide the SEC and GRC members in choosing and prioritizing Info infrastructure to be implemented within the available budget, taking into su account the impact of the same in the community. Min 1.3 Issues and concerns raised by the SEC members included: SEC/GRC Matters arising  A SEC member stated that insecurity was rampant in the area and lo from the therefore suggested that floodlights and streetlights be done on the presentation selected roads. isc  The GRC Chairman suggested that Amina Salim and Abdi Mnemwa Road be done as they would have a greater impact to the settlement considering it would serve a majority within the settlement. D  The GRC Secretary indicated that a greater part of Amalemba was connected with sewer and suggested that sewer lines be done to help the community within the settlement. The SEC members agreed on the following as prioritized works to be done under the current budget allocated of Kshs. 77,130,260.34 NET of VAT: 1. Roads and Drainages namely;  Amina Salim Street Road at an approximated cost of Kshs. 26,593,950.48  Main Abdi Street Road at an approximated cost of Kshs. 4,237,217.57 3 D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH AMALEMBA SEC MEMBERS py Co re Group Photo with Amalemba SEC Members Presentation of Prioritized Projects by Amalemba SEC Chair su lo isc D Presentation by the Consultants Contributions from the WSP Reps during the Meeting with Amalemba SEC Members Abbreviations: KISIP – Kenya Informal Settlement Improvement Project CGK- County Government of Kakamega KACWASCO – Kakamega County Water and Sanitation Company WSP – Water Service Provider GRC- Grievance Redress Committee SEC- Settlement Executive Committee Minute Details of Discussion Action Min 1.0 1. Introduction Info Agenda 2. Consultant presentation y 3. Matters arising from the presentation p 4. Closing remarks Co Min 1.1 The meeting was called to order by the KISIP County Coordinator at All Introduction 2:15pm. Thereafter a prayer was offered followed by self- introductions from the participants. The KISIP Coordinator stated that the purpose of the meeting was to Info re give SEC members an opportunity to budget for the works in line with their needs and prioritize the works with the guidance of the su Consultant and the KISIP Team. Min 1.2 The Project Team Leader indicated that the purpose of the meeting Info lo Presentation was to go back to the community and repackage the works in by the accordance with Kambi Somali’s priority within the allocated budget. Consultant isc The Consultant was asked to do a cost estimate and comparison Info between solar lighting and grid lighting. The Consultant advised that the maintenance cost for solar is cheaper than the grid lighting but its illumination would not cover a large area. He further indicated that D installation cost of solar is higher in comparison with the grid lighting. The Project TL advised that the prioritized works should have a great Info impact to the Kambi Somali settlement and further mentioned that when choosing roads as prioritized works, they should consider roads that provide linkage and continuity (tarmac to tarmac linkage or tarmac to institution connection). The consultant then made a detailed power point presentation Info explaining the projects proposed in the original design, the estimated 2 cost of implementing those projects at the current market rates, and the funds that have been allocated to the settlement. The consultant stressed further that the purpose of the presentation Info was to guide the SEC and GRC members in choosing and prioritizing infrastructure to be implemented within the available budget, taking into account the impact of the same in the community. Min 1.3 Issues and concerns raised by the SEC: SEC/GRC Matters arising  The Area Chief suggested that the Consultant do a solar from the powered floodlight to save on cost, but he was explained to presentation that procuring a solar powered would be more costly to procure and also the electrical ones offer more coverage than y the solar ones. Moreover, solar would work better for the streetlights p  SEC Chair indicated that inadequate sewer coverage was a Co major problem in the settlement, and indicated that since there was no public land to put up an ablution block, the sewer project would work best for the community. The SEC members agreed on the following as prioritized works to be re done under the current budget allocated of Kshs. 18,810,893.97 after VAT: su 1. Roads and Drainages namely;  Kambi Somali Road at a cost of approximately Kshs. 7,513,631.90. lo  Kambi Somali Road 2 at a cost of approximately Kshs. 5,194,883.48. isc 2. Sewer and last mile connectivity at a cost of Kshs. 6,102,378.58 Min 1.4 WSP assured the meeting that the decommissioned Nabongo project Info Closing would be recommissioned with effluent treatment plant. And further D remarks advised that there was need for installation of sewer infrastructure to ensure that the settlement is greatly impacted in terms of sewer coverage. The Consultant called for cooperation between the WSP and the Info Consultant to ensure maximum impact within the settlement in terms of sewer connectivity. The Project TL stated that the role of the SEC would be to supervise Info and give feedback when necessary, during the site visits at the implementation phase. 3 D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH KAMBI SOMALI SEC MEMBERS py Co re Group photo with Kambi Somali SEC Members Presentation by the Consultant su lo isc D Consultative Meeting with Kambi Somali SEC Members CONSULTANCY SERVICES FOR ENGINEERING DESIGN REVIEW, REPARKAGING OF DETAILED ENGINEERING DESIGN & PREPARATION OF PROCUREMENT DOCUMENTS, UPDATING OF RAP AND ESIA REPORTS AND SUPERVISION OF THE PROPOSED INFRASTRUCTURES IMPROVEMENT WORKS IN SELECTED INFORMAL SETTLEMENTS IN THE COUNTIES OF KISUMU & KAKAMEGA Contract No. KE-MOTI-214793-CS-QCBS MINUTES OF SCOPING MEETING WITH THE MJINI SEC MEMBERS ON 15TH FEB, 2023, HELD AT MUMIAS MUNICIPAL HALL. p y Co re su lo isc D 1 Abbreviations: KISIP – Kenya Informal Settlement Improvement Project CGK- County Government of Kakamega SEC- Settlement Executive Committee GRC- Grievances Redress Committee KACWASCO- Kakamega County Water and Sanitation Company y Minute Details of Discussion Action p Min 1.0 1. Introduction Info Co Agenda 2. Consultant presentation 3. Matters arising from the presentation 4. Closing remarks Min 1.1 The meeting was called to order by the KISIP County Coordinator at All re Introduction 9:45am. Thereafter a prayer was offered followed by self-introductions from the participants. su The KISIP Coordinator stated that the main purpose of the meeting was Info to give SEC members an opportunity to budget for the works in line with lo their needs. He indicated that the Consultant was tasked to provide guidance during Info isc the prioritization process and in no way allowed to influence the SEC priority choices. Min 1.2 The Project Team Leader, while giving KISIP project brief, indicated that Info D Presentation by the purpose of the meeting was to go back to the community and the Consultant repackage the works according to the Mjini settlement’s priority with the given budget. The Project TL cited that the prioritized works should have a great impact Info to the Mjini settlement. He advised that in case roads were prioritized they should consider roads that provide continuity either towards another tarmac road or towards a public institution. The consultant then made a detailed power point presentation explaining Info the projects proposed in the original design, the estimated cost of 2 D isc lo su re Co py D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH MJINI SEC MEMBERS py Co re Group Photo with Mjini SEC Members Presentation by the Consultant su lo isc D Presentation of Prioritized Projects by Mjini SEC Chair Presentation by the KISIP Team Coordinator for Kakamega County CONSULTANCY SERVICES FOR ENGINEERING DESIGN REVIEW, REPARKAGING OF DETAILED ENGINEERING DESIGN & PREPARATION OF PROCUREMENT DOCUMENTS, UPDATING OF RAP AND ESIA REPORTS AND SUPERVISION OF THE PROPOSED INFRASTRUCTURES IMPROVEMENT WORKS IN SELECTED INFORMAL SETTLEMENTS IN THE COUNTIES OF KISUMU & KAKAMEGA Contract No. KE-MOTI-214793-CS-QCBS MINUTES OF SCOPING MEETING WITH THE SHIBALE SEC MEMBERS ON 15TH FEB, 2023, HELD AT THE CHRIST VISITATION CHURCH, SHIBALE. PARTICIPANTS: p y Co re su lo isc D 1 Abbreviations: KISIP – Kenya Informal Settlement Improvement Project CGK- County Government of Kakamega KACWASCO – Kakamega County Water and Sanitation Company CPCT- County Project Coordination Team SEC- Settlement Executive Committee y Minute Details of Discussion Action p Min 1.0 1. Introduction Info Co Agenda 2. Consultant presentation 3. Matters arising from the presentation 4. Closing remarks Min 1.1 The meeting was called to order by the KISIP County Coordinator at All re Introduction 12:25pm. Thereafter a prayer was offered followed by self-introductions from the participants. su The KISIP representative stated that the main purpose of the meeting Info was to give SEC members an opportunity to budget for the works in line with their needs, but under the guidance of the Consultant and the KISIP lo coordinating team. isc Min 1.2 The Project Team Leader indicated that the purpose of the meeting was Info Presentation by to go back to the community and repackage the works according to the the Consultant Shibale’s priorities with the allocated budget. D The Project TL mentioned that when choosing roads as prioritized Info works, they should consider roads that provide linkage and continuity. He further stated the KISIP Project was aimed for the community therefore they should embrace it and pick up priorities that would be of benefit to the whole settlement. The consultant then made a detailed power point presentation explaining Info the projects proposed in the original design, the estimated cost of implementing those projects at the current market rates, and the funds that have been allocated to the settlement. 2 The consultant explained further that the purpose of the presentation was Info to guide the SEC and GRC members in choosing and prioritizing infrastructure to be implemented within the available budget, taking into account the impact of the same in the community. Min 1.3 Issues and concerns raised by the SEC members included: SEC/GRC Matters arising  The Area Chief stated that implementing road 1 and road 2 would from the open up the community to more developments and the two roads presentation would benefit majority of the residents.  A SEC member stated that insecurity was rampant in the area hence there was need to have flood lights.  A SEC member also stated that most of the residents had water problem therefore water kiosks should be considered to solve the y water shortage in the community. p The SEC members agreed on the following as prioritized works to be Co done under the current budget allocated of Kshs. 54,134,470.69 NET of VAT: 1. Roads and Drainages namely;  St. Joseph Road (290 meters) at a cost of approximately Kshs. 23,143,654.95. This road would connect the re settlement to the high school.  Shibale Primary Road (210m) at an approximated cost of su Kshs. 16,981,375.72. 2. Water Kiosks (5 No) at a cost of approximately Kshs. 6,756,589.08 lo 3. Floodlight (1 No) at an approximate cost of Kshs. 5,730,277.50 4. Construction of earth drains for the two prioritised roads leading towards the natural outfall into the river at an approximated cost isc of Kshs. 1,522, 575.11 Min 1.4 The Project TL cited that the SEC would be tasked with disseminating Info Closing the information to the whole settlement. D remarks He further advised that the SEC would play a supervisory role during the Info implementation phase of the project. The meeting was closed by a word of prayer at 1:45pm. Signed: Settlement Executive Committee (SEC) Chairman – Shibale Settlement 3 D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH SHIBALE SEC MEMBERS py Co re Group Photo with Shibale SEC Members Presentation by the Consultant su lo isc D Presentation of Prioritized Projects by SEC Members Discussion among the SEC Members & Stakeholders on Prioritization of Works 39. Stephen Eruba NGAO 0721618079 Abbreviations: KISIP – Kenya Informal Settlement Improvement Project CGK- County Government of Kakamega KACWASCO – Kakamega County Water and Sanitation Company CPCT- County Project Coordination Team SEC- Settlement Executive Committee Minute Details of Discussion Action Min 1.0 1. Introduction Info Agenda 2. Consultant presentation y 3. Matters arising from the presentation 4. Closing remarks p Min 1.1 The meeting was called to order by the KISIP County Coordinator at All Introduction Co 2:35pm. Thereafter a prayer was offered followed by self- introductions from the participants. The KISIP representative stated that the main purpose of the meeting Info re was to give SEC members an opportunity to budget for the works in line with their needs, but under the guidance of the Consultant and the KISIP coordinating team. su Min 1.2 The Project Team Leader indicated that the purpose of the meeting Info Presentation was to go back to the community and repackage the works according lo by the to the Lukoye Settlement priorities with the allocated budget. Consultant The Project TL mentioned that when choosing roads as prioritized Info isc works, they should consider roads that provide linkage and continuity. He further stated the KISIP Project was aimed for the community therefore they should embrace it and pick up priorities that would be D of benefit to the whole settlement. The consultant then made a detailed power point presentation Info explaining the projects proposed in the original design, the estimated cost of implementing those projects at the current market rates, and the funds that have been allocated to the settlement. The consultant explained further that the purpose of the presentation was to guide the SEC and GRC members in choosing and prioritizing Info infrastructure to be implemented within the available budget, taking into account the impact of the same in the community. 2 D isc lo su re Co py D isc lo su re Co py p y Co re ANNEX 1: ATENDANCE REGISTER su lo isc D p y Co ANNEX 2: SELECTED PHOTOGRAPHS re su lo isc D SELECTED PHOTOGRAPHS FROM THE MEETING WITH LUKOYE SEC MEMBERS py Co re Group Photo with Lukoye SEC Members Presentation by the Consultant su lo isc D Consultative Meeting with Lukoye SEC Members Presentation of Prioritized Projects by a SEC Member D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py D isc lo su re Co py p y Co ANNEX VII: Initial Photographs taken during stakeholders’ consultations re su lo isc D 226 y Public Consultation in Mjini Settlement p Co re su Public Consultation in Kambi Somali Settlement lo isc D Public Consultation in Al Karim Settlement y Public Participation in Jua Kali Settlement p Co re su Public Participation in Shibale Settlement lo isc D Public Participation in Masingo Settlement y Public Participation in Nubian Settlement p Co re su lo isc D p y Co ANNEX VIII: Photographs taken during ESIA update stakeholders’ consultations re su lo isc D 227 AMALEMBA SAMPLE PHOTOS py Co re Group photo with Amalemba SEC Presentation by the Project Team Leader su lo isc D Presentation of scope of works and budget allocation by the Consultant Presentation of priority of works by the SEC Chair. KAMBI SOMALI SAMPLE PHOTOS py Co re Group photo with Kambi Somali SEC Presentation by the project team leader su lo isc D Discussion of prioritization of works by the SEC Presentation of priorities by the SEC Chair LUKOYE SAMPLE PHOTOS py Co re Group photo with Lukoye SEC Presentation of scope of works and budget allocation by the Consultant su lo isc D Prioritization discussion among the SEC members Presentation of priorities of works by SEC member MJINI SAMPLE PHOTOS py Co re Group photo with Mjini SEC presentation of scope of works and budget allocation by the Consultant su lo isc D Prioritization process by the SEC members Presentation of priorities of works by the SEC Chair. SHIBALE SAMPLE PHOTOS py Co re Group photo with Shibale SEC Presentation of scope of works and budget allocation by the Consultant su lo isc D Prioritization by the SEC members Presentation of settlement’s priorities of works by the SEC organizing secretary p y Co ANNEX IX: Initial Terms of Reference for the Resettlement Action Plan re su lo isc D 228 Ministry of Transport, Infrastructure, Housing and Urban Development Kenya Informal Settlements Improvement Project (KISIP) Consultancy for Socio-Economic Surveys, Infrastructure Annex 6: Terms of Reference for a Upgrading Plan and Engineering Designs of Infrastructure in informal Settlements Resettlement Action Plan ANNEX VI: TERMS OF REFERENCE FOR A RESETTLEMENT ACTION PLAN The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. 1. Description of the project . General description of the project and identification of the project area. 2. Potential impacts. Identification of (a) the project component or activities that give rise to resettlement; (b) the zone of impact of such component or activities; y (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project p implementation. Co 3. Objectives. The main objectives of the resettlement program. 4. Census Survey. The findings of the census survey to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (i) current occupants of the affected area to establish a basis for the design of the resettlement re program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) standard characteristics of displaced households, including a description of production su systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the lo displaced population; (iii) the magnitude of the expected loss--total or partial--of assets, and the extent of displacement, physical or economic; isc (iv) information on vulnerable groups or persons for whom special provisions may have to be made; and (v) provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their D displacement. 5. Institutional Framework. The findings of an analysis of the institutional framework covering (a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 6. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 7. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. BHUNDIA 1 Ministry of Transport, Infrastructure, Housing and Urban Development Kenya Informal Settlements Improvement Project (KISIP) Consultancy for Socio-Economic Surveys, Infrastructure Annex 6: Terms of Reference for a Upgrading Plan and Engineering Designs of Infrastructure in informal Settlements Resettlement Action Plan 8. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. 9. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) Any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c) Procedures for physical relocation under the project, including timetables for site y preparation and transfer; and (d) Legal arrangements for regularizing tenure and transferring titles to resettlers. p 10. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision Co of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 11. Environmental protection and management. A description of the boundaries of the relocation re area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). su 12. Community participation. Involvement of resettlers and host communities, (a) a description of the strategy for consultation with and participation of resettlers and hosts lo in the design and implementation of the resettlement activities; (b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; isc (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group D organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries);and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 13. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; (c) arrangements for addressing any conflict that may arise between resettlers and host communities; and BHUNDIA 2 Ministry of Transport, Infrastructure, Housing and Urban Development Kenya Informal Settlements Improvement Project (KISIP) Consultancy for Socio-Economic Surveys, Infrastructure Annex 6: Terms of Reference for a Upgrading Plan and Engineering Designs of Infrastructure in informal Settlements Resettlement Action Plan (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 14. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 15. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such y responsibilities from the resettlement implementing agencies, when appropriate. p 16. Implementation schedule. An implementation schedule covering all resettlement activities Co from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 17. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, re including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. su 18. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the lo Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period isc after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. D BHUNDIA 3 p y Co ANNEX X: Chance Find Procedure re su lo isc D 229 ANNEX IX: CHANCE FIND PROCEDURE Regulatory and Other Requirements The primary legislation on cultural heritage issues is the National Museums Heritage Act, 2006 (which updated and replaced the National Museums Act, 1983), the Antiquities Monuments Act 1983 and is enshrined in the requirements the provisions of the Environmental Management and Coordination Act (EMCA) which defines the Environmental and Social Impact Assessment (ESIA) process. The National Museums Heritage Act sets out the overarching administrative processes for protecting and preserving cultural heritage and management by the National Museums of Kenya (NMK). As there are no designated monuments or sites within the immediate Project’s area of influence, the heritage legislation only has a limited bearing on the Project’s activities, however the project will take precautionary measures for handling any potentially significant chance finds y through its implementation of the chance find procedure and requirement presented in subsequent p sections of this procedure. Co World Bank Safeguards Triggered OP/BP 4.10 and OP//BP 4.11. Indigenous People OP/BP 4.10 ensures that the development process fosters full respect for the dignity, human rights, and cultural uniqueness of indigenous peoples; that adverse effects during the development process are avoided, or if not feasible, ensure that these are minimized, re mitigated or compensated; and that indigenous peoples receive culturally appropriate and gender and intergenerationally inclusive social and economic benefits. The dominant community in the project area of influence is Borana. Borana are pastoralists and inhabit a region with relatively high su poverty levels and social indicators like water, education, and others below the national average. The Government of Kenya considers them Vulnerable and Marginalized. lo Physical and Cultural Resources OP/BP 4.11 objective is to assist Borrowers in avoiding or mitigating adverse impacts of development projects on physical cultural resources. For purposes of this policy, “physical cultural resources” are defined as movable or immovable objects, sites, isc structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, above ground, underground, or underwater. During project implementation, any chance finds encountered, a chance find D procedures will be followed to avoid damage and ensure suitable preventive or mitigation measures are executed. Generally, most of the physical and cultural sites identified along the road corridor are places of worship like Mosques and cemeteries. The public participation undertaken during Resettlement Action Plan (RAP) shows a preference by the community for the realignment of the road to avoid cultural/Graves sites. Thus, re-alignment has been done to avoid the Gravesites in Manyatta B. Despite the re-alignment, there is a possibility of chance finds along the alignment and further at material source areas like the project quarry and borrow sites. Procedures to Address Chance Finds To avoid damaging cultural resources during project activities, the following will be followed;  Project personnel must take total care of any unfamiliar materials encountered during project activities. Upon establishing a discovery, the personnel must immediately report the case to their immediate supervisor  The contractor or officer supervising the project would report the finds to the local administration such as the local chief or the Assistant County Commissioner (ACC).  The local administration would then report the find to NMK  The contractor must stop work immediately after discovering evidence of possible scientific, historical, prehistoric, or archaeological data and notify the Resident Engineer giving the location and nature of the finds  The client; the County government of Kisumu through CPCT will then notify the NMK, which will have to send qualified personnel to assess the material for further steps  NMK would temporarily stop the works to conduct an assessment and prepare a report. The period of stoppage is from 10 days to 21 days depending on the complexity of the y project; Retrieve movable artifacts and preserve immovable ones;  NMK would also map out the area to be preserved during the investigation period and p arbitrate between the community and developers in the event of dispute; Co  NMK to circulate the cultural impact assessment report to the developer, NEMA, relevant lead agencies and the community. Measures for Care of Chance Finds Upon retrieval of movable artefacts and conservation of immovable ones, NMK would proceed re with segregation and dating of the artefacts and determination of their significance; Segregated artefacts would be stored in the NMK archaeological stores according to their size and dates and su labelled with the geographical area where found; The artefacts may be displayed in an exhibition when required or published to enrich the cultural heritage. Chance Find Report lo Chance Find Report isc Date Time Site Name GPS GPS (xx:xx) Coordinates Coordinates (DD/MM/YYYY) (Northing) (Easting Description of Find D Proximity to Contractor Activity Sensitivity Vulnerability Recommended Action Description Site Checklist Yes / No Comment Responsible persons notified Coordinates verified Chance Find Report Site Marked Site Secured Photograph(s) Impacts Assessed Actions Agreed Authorized Instruction National Museums Kenya Position Signed (Name y Representative p Co CPCT Representative Position Signed (Name) re su lo isc D