ENVIRONMENTAL AND SOCIAL IMPACT ASSESMENT PROJECT REPORT FOR THE PROPOSED LAMBIB HOST COMMUNITY WATER SUPPLY AND SANITATION PROJECT, IN WAJIR COUNTY COORDINATES FOR THE LAMBIB HOST COMMUNITY PROJECT LOCATION: Lambib: UTM 37 N 0627583; 0191767 EMPLOYER: WAJIR WATER AND SANITATION COMPANY March, 2021 i CERTIFICATION This Environmental and Social Impact Assessment Project Report has been prepared by a team of EIA experts lead by Mr. Godfrey John Wabomba; NEMA registered EIA/EA Lead Expert No. 6127. The project report has been prepared in accordance with the requirements of the Environmental (Impact Assessment and Audit), pursuant to The Environmental Management and Coordination Act, (CAP 387). DISCLAIMER This Environmental Impact Assessment Project Report is strictly confidential to the proponent and any use of the materials thereof should strictly be in accordance with the agreement between the client/proponent and Mr. Godfrey John Wabomba (the lead EIA Expert). It is, however, subject to conditions in the Environmental (Impact Assessment and Audit) (amendment) Regulations, 2019. We, the undersigned, certify that the particulars given in this report are correct to the best of our knowledge. Signature: ……………….. Date: ……………….. Mr. Godfrey John Wabomba Mobile: 0721712640 Proponent On behalf of Wajir Water and Sanitation Company (WAJWASCO) Name………………………………………………………………………………… Managing Director (CEO) Signature__________________ Date ii EXECUTIVE SUMMARY Due to scarcity of sustainable water sources within Wajir town to meet the current water demand, proposals were made to identify and develop ground water sources in the outskirts of the town, to supplement the current water supply as part of short-term intervention measures to Wajir town water supply challenges. Lambib was identified as one of the potential suitable sites for the development of a well field to supply water to Wajir town. It is in this regard that the government through World Bank financing is pursuing the intervention under WSDP. To ensure social sustainability of the project, there was need to dedicate one of the boreholes to serve the local community. Lambib community just like the wider Wajir town population, rely on shallow ground water wells which are prone to faecal matter contamination. There was a proposal to drill a borehole to source water from the lower aquifer to a depth of about 130m deep to supply the Lambib host community, which was assessed in a separate report covering water supply to Wajir town. The focus of this report is to assess the impacts of implementing water distribution infrastructure and sanitation facilities. The proposed sub-project falls under the World Bank's support to the Government of Kenya through investment lending towards improving water supply and sanitation services focusing on coastal and Northern Kenya regions and priority areas, along with strengthening sector institutional capacity to deliver improved services. The proposed construction of Lambib community water supply and sanitation facilities will thus trigger the Bank's Safeguard Policies (OP 4.01 Environment Assessment). Also, as required by Kenya’s ESIA assessment process under section 58 of the Environmental Management and Coordination Act CAP 387, it is mandatory that a proponent carry out an ESIA study before being issued with an EIA license to undertake any project activities that may be considered deleterious to the environment. This includes compliance with the Environment Impact Assessment and Audit Regulations of 2003 and consideration of other national legislations guiding conservation, management, and utilization of natural resources. Therefore, the assessment under this study was to identify significant potential impacts of the project facilities to the project site's physical, biological, social, and economic aspects. The proposed sub-project falls under Medium Risk project according to NEMA categorization and therefore this project report is prepared in response to requirement. Proposed Project Objective The general project objectives were to drill 1 No. borehole at Lambib host community for domestic water supply to the local community members and construction of sanitation facilities to vulnerable and marginalized households. For the supply of water to the local community, the proposed project will involve constructing 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. Livestock watering troughs, 15 No. Ecosan toilets and fencing around the borehole. However, environmental and social impacts for drilling the borehole was assessed in a different report and therefore, the focus of this report shall be on the iii implementation, operation and decommissioning of the community water distribution infrastructure and sanitation facilities. Project Location Lambib is located in Wajir County, Wajir East Sub-County and within Khorofharar ward. The location of the proposed water infrastructure and sanitation facilities shall be at Lambib village/settlement in Lambib sub-location within Arbaqeranso location. The land for the development of the facilities is a community land within Lambib sub- location. During Baraza meeting, the community members indicated that the project will serve communities even from outside the project area particularly neighboring manyattas and the ward in general, especially for domestic water and watering of livestock during droughts. The land resolution and consent forms permitting the construction of the proposed project components and the forms have been signed and are attached in Annex I. Estimated Cost The estimated cost of the proposed development is about KShs. 27.466 Million1. This cost includes construction materials, labour, environment and social management and professional support services. Approach and Methodology The main approach and methods employed during the ESIA study were desktop literature review and field survey. The desktop study involved; reviewing available published and unpublished reports including previous ESIA reports and project design report to compile relevant baseline biophysical and socio-economic information about the study area. Field surveys were conducted on several occasions as indicated in section 1.6 and involved environmental and socio-economic data collection. Environmental profiling of the proposed project area was done through assessment of various environmental parameters, including; climatic factors, soils, solid and liquid waste, noise and vibrations receptors and sources, air quality sources and receptors, landscape, and aesthetic value of the proposed project area as indicated in sections 4.3 of this report. On the other hand, the socio-economic survey approach consisted of collecting data from various individuals and key informants from institutions both at National government offices and County government levels as indicated in chapter 5. Nine key informants were interviewed. Data needs were based on predetermined socio-economic parameters, as highlighted in section 4.5 and chapter 5. The units for data collection were households and key informants. The tools used to collect data were questionnaires administered to households in the area, community baraza meeting discussions guides and for key informant 1The estimate cost is according to the figures provided in the preliminary design report prepared by East African Engineering Consultants Ltd and Systel Engineering Limited iv interview guide was used. The household data collection targeted 25% of about 300 households within the project area and data was collected from a total of 83 households. Key Findings The proposed project shall be implemented to supply water to Lambib community and improve the sanitation situation by providing ecosan toilets to vulnerable and marginalized households The Proposed project area was noted to be a modified habitat with Acacia-Comiphora associations being the dominant vegetation observed but with hardly any ground cover. Key informant interviews feedback indicated that the main threat to vegetation in the area is charcoal burning for fuel in Wajir town. Solid waste management was observed as a key menace within the study area and poses challenge of water pollution. Lambib residents practice small scale irrigation using shallow wells for growing animal fodder, sorghum, beans and vegetables which is limited by water availability. Out of an approximate population of 300 households, there are 20 youth groups, 50 women groups, 1 group of PLWD, and 30 registered elderly persons receiving the social welfare fund. The major challenges which these groups face are inadequate resources, illiteracy, and cultural and religious values with men dominating over women. Men are encouraged to be more aggressive while women to be more submissive with most of their activities confined within the home. Of the 50 women groups, only 6 groups engage in income generating activities dependent on water resources The area is a livestock grazing area and few wildlife roams around with the antelopes and giraffes being observed during field assessment. The proposed project's activities trigger several national laws related to environmental management, labor, occupational safety and health, building and construction standards, and conflict management and resolutions among the key project stakeholders, as captured in Chapter 3. The proposed project has been permitted for implementation by the community through representatives who signed the land resolution and consent form for land use permit for the project facilities and the locals perceive the project as having overall positive impacts. The local people rely on shallow wells for water resources yet they are affected by recurring droughts which have led to lowering of the shallow water table. The shallow wells are contaminated by fecal coliform from the pit latrine and from open bush defecation. The volumes of the works were noted to be low and mitigation measures have been proposed to mitigate against any impacts anticipated to be of significance. Public Consultation and Stakeholder Engagement Public consultations and stakeholders’ engagement were undertaken through conducting community baraza meeting in an open space in view of the existing Government Covid-19 protocol and limitation in the number of attendees’ in public meetings by Government. The notices inviting the community for public consultations were placed in public places as indicated in annex I. Table 0-1 is a summary of the discussion as captured in chapter 5 of this report. v Table 0-1: Summary of stakeholders Issues raised and the response KEY ISSUES RAISED RESPONSES Responsibility to operate and It was agreed that WAJWASCO shall be responsible of maintenance of the proposed operating and maintaining the proposed project project facilities including the borehole and the associated water distribution facilities. Payment for the water services It was agreed that upon completion of the project WAJWASCO shall give the community free water for ninety days as an in-kind compensation. Pollution associated with the Constant maintenance of the machines to reduce the machinery used such as oil impacts. The use of machinery should be reduced spills, noise and emission of where possible and employ man power. smoke. There is likelihood of vegetation Any tree affected to be replanted by the contractor. being cleared during the process of construction. Accidents were identified as an Use of PPEs was identified as an important way of issue of great concern during the protecting the workers against accidents. construction and operation Locals were asked to keep off the construction site in phases. Workers in the site were order to avoid accidents. identified as the most vulnerable Labeling of exits and fire assembly points. to accidents. Annual audits to address loopholes in safety strategies. Hoard the site to keep authorized people off. Site should have signs indicating the type of hazards. Contractor should have insurance cover for groups of workers. Dust pollution during Water to be sprinkled during the construction phase in construction phase order to minimize dust. Waste management issues may The contractor to provide waste bins and empty to arise due to inadequate waste appropriate designated area. collection facilities and this may Sensitize workers not to throw solid wastes lead to outbreak of diseases. haphazardly There was fear that once the Local community members agreed that the water and toilets are ready for administrators should ensure that fairness is given use, some people may be special attention and ensure all residents have an equal sidelined owing to several social opportunity to work and access water and sanitation issues such political inclination, services once the process is done. social class, clan or religion hence unfairness during distribution and construction phase. Moral decadence may result as a Parents, local leaders eg chiefs and religious leaders result of labour coming from should take the lead role in teaching and sensitizing the outside and money circulating in community on the importance of morality and bringing the local economy. It may come the culprits to book. inform of infidelity in marriages Use of local labour to avoid influx of workers that can vi and school drop outs caused by spread immoral issues. teen pregnancies. The Contractor shall require his employees, sub- This could also result from contractors, sub-consultants, and any personnel women and men engaging in thereof engaged in the construction works to extra-marital sexual activities individually sign and comply with a Code of Conduct thereby breaking family ties. with specific provisions on protection from sexual exploitation and abuse Some members of the local The County government and WAJWASCO should community expressed fears that involve the locals before effecting any pricing strategy the is likely to come with for the water. increased burden of water charges. Use of machines by the The contractor to use local work force and only use contractor to avoid local machine where necessary. labourers Priority to be given to locals in all employment opportunities unless the requisite skills are not locally possessed by the local workers. Spread of disease like COVID- Contractor to strictly adhere to the covid-19 protocols 19, and measures proposed under the ESMP. HIV AIDS and other Provision of condoms to the workers. communicable diseases Sensitization of the workers and community against the risk of contacting diseases like HIV AIDS Impacts of the Project The proposed construction of Lambib community water distribution and sanitation facilities is anticipated to have both negative and positive impacts on the residents, users, the environment and the project area in general, as indicated in chapter 6 of this report. Measures have been put in place to mitigate for the negative impacts at both construction and operation stages. Positive Impacts The implementation of the proposed project is anticipated to have overall positive impacts particularly on health and sanitation as well as economic status of the residents within the area of interest. Some of the positive impacts are; Creation of temporal employment opportunities, creation of markets for project construction materials, easy and faster Access to water, Livestock production, increased access to clean water and improved sanitation, increased revenue for WAJWASCO, improved water reliability, improved soil fertility through use of treated human waste, improved living conditions, allow the vulnerable groups to access clean water and sanitation services, treatment of fecal matter and reduction in child mortality. The Negative Impacts The proposed project activities during construction, operation, and decommissioning are anticipated to lead to negative impacts including but not limited to: Public safety issue, air quality from exhaust fumes and dust emission, Noise and Vibrations from the construction machines and vehicles, Occupational Health and Safety (OHS) issues on site, increased solid waste generation, infection and spread of invasive species, water loss, spread of livestock pest vii and diseases, grievances among water resource users, Leakage and spillage of grease, oils and fuel, child labour, effects of immigrant workers, gender based violence, spread of covid-19 among community members and workers, HIV/AIDS Spread, sexual harassment and abuse at community and work sites and increase in waste water. Table 0-2: Proposed Mitigation Measures for Negative Impacts during Project construction phase No ANTICIPATED IMPACT MITIGATION MEASURES NEGATIVE RATING IMPACTS 1.  Contractor to develop a site safety action plan Occupational Health Impact is low and The impact is detailing safety equipment to be used, emergency Safety (OHS). temporal and procedures, restriction on site, frequency, and will be of local personnel responsible for safety inspections and Occupational Health and scale given the controls. This should be ready and approved by the Safety (OHS). Accidents volume of supervising engineer before commencing of the may occur on site works, proposed works causing injuries during anticipated,  Train workers on safety and first aid skills before implementation of the commencing works volume of project works affecting contractor  Ensure safety of the construction workers by the workers machines and putting first aid area and injury reporting vehicles on site mechanism  Provide appropriate personal protective equipment (PPE) to workers and training on appropriate use. (Reflective jackets, helmets, face masks, ear plugs gloves, safety boots, etc.)  There should be adequate provision of the requisite sanitation facilities for human waste disposal  Recording of all injuries that occur on site in the incident register, corrective actions for their prevention are instigated as appropriate.  The contractor is required to have WIBA insurance policy to compensate workers in the event of injuries.  Provide clean drinking water for the workers to mitigate against dehydration.  Have an undertaking with a nearby health facility for emergency cases on-site before decisions are made.  Awareness creation and training of workers on safety and first aid skills.  Adherence to Covid-19 rules as provided by the ministry of health and the bank with provision of viii easily accessible and adequate covid-19 PPE all persons on site. The specific action to be captured in the contractor ESMP.  Training of workers on covid-19 rules and requirements. 2. Public Safety Impact is  Ensure the safety of residents by providing safety Public safety issue are moderate signs at strategic places along the access roads. anticipated to arise at The impact is  Hoarding off working sites to protect the public or construction site, temporal and unauthorized persons movement of machines will be of local  Use of signs and warnings on sites with high risks and equipment to and scale given the especially at the elevated tank sites from site, movement of volume of  Reduce unnecessary speeding of construction construction vehicles works, vehicles to control for accidents from the movement and possibility of the anticipated of pedestrians or livestock in the area. elevated steel tank contractor  Fencing around the steel tank to deter any human falling/collapsing machines and activities near the tank tower. during operation due to vehicles on  The noisy activities shall be restricted during the high wind force in the site. And with day. quality  Sprinkling of water to suppress dust shall be area or for some other workmanship, considered technical reasons.  Limit the lengths of trenches opened to what can be there is no backfilled within a day or shorter period reason for collapsing of the elevated steel tank. 3. Air quality Impact is low  Workers to use masks when working in dusty The impact is conditions. It is anticipated that temporal and  The community members to be discouraged from exhaust fumes and dust will be of local going to site to watch construction activities emission will be scale given the  Reduced speeding on the dusty roads by the generated during volume of construction vehicles construction works of works,  Construction vehicles to have catalytic devices to ensure complete burning of waste gases, the proposed anticipated,  Use of clean petroleum that is low in sulphur, lead or community water contractor other pollutants, supply and sanitation machines and  Proper servicing of vehicles and Construction facilities. vehicles on site machines  Use all means possible including spraying of water to suppress dust if considered to be a menace at excavation sites. 4. Impact is  The community members to be discouraged from Excessive Noise and Moderate going to site to watch construction activities Vibrations. The impact is  Machines and equipment to be fitted with Noise is anticipated to temporal and silencer/muffler devices where possible, be generated by the will be of local  Using equipment and machines with low noise movement of scale given the emission. construction vehicles on  Switching off vehicles and machines when not in ix site volume of use, works,  Avoid unnecessary hooting, anticipated,  Workers exposed to prolonged noise to be number of provided with personal protection equipment earplugs. contractor  Machines to be serviced to reduce generation of machines and noise and vibrations, vehicles on  The noisy activities should be restricted during site. daytime  Ensure that NEMA noise and Vibration standards are observed in all project activities.  Training/sensitization/awareness on use of PPEs and personal safety measures. 5.  Reuse of all soil cuttings from the excavation works Solid waste Impact is low generation The volume of  Proper disposal of waste from the contractors camp  Disposing off contaminated soils in cutting pit if The main source of works are low volumes are low. waste shall be the and the team  The contractor to develop site specific incident contractors camp, onsite is also management or response plan in the evident of construction waste and anticipated to hazardous waste contamination (used tyres, Oil and soil cuttings/ soils from be small Fuel filters). excavation activities  Preparation of waste management plan to guide waste management and disposal activities. 6. Spread of invasive  Regular monitoring of the project site for the spread Impact is species. of alien plant growth and in the event of such Moderate Spread of invasive observation, to take remedial action. Prosopis species, loss of  Raw materials used for construction such as sand Julilflora was and rocks should be sourced in areas where there are indigenous species, noted in the no invasive species. injury to animal and project area  Equipment required for the construction works local people and can easily should be clean and free from any alien plants and be spread due mud which may contain seeds or tuber of alien to project species. related  Care should be taken while working along areas with activities. Once invasive species to reduce spread.  Control the movement of livestock into the project the project site area from disease or livestock pest infested areas is infested with  Create awareness among the local community on the invasive management of the spread of the invasive species. species, it will  Employing relevant management practices e.g be hard to uprooting young plants or burning to control the control. spread of the plant. 7. Leakage and spillage  In the event of hazardous waste leakage or spills, Impact is low Leakage and spillage of engage authorized waste handlers to dispose The low oil, grease or fuel from contaminated soils. volume of the contractor’s  Disposing of contaminated soils in cutting pit if works volumes are low. machines and anticipated to  Use of NEMA licensed waste handlers to dispose in equipment is attract a low licensed disposal areas. x anticipated at the site number of  Development of site specific incident management during construction of machines to be or response plan. the community water used on site  Taking all measures possible to reduce any spillage supply and sanitation facilities. 8. Spread of COVID-19. Minor The Contractors will develop standard operating During construction Construction procedures (SOPs) for managing the spread of Covid- at work sites works are 19 during project execution and submit them for the anticipated to approval of the Supervision Engineer and the Client, take a short before mobilizing to site. The SOPs shall be in line period due to with the World Bank guidance on COVID-19, Ministry the low of Health Directives and site-specific project volumes of conditions; works and the government Mandatory provision and use of appropriate Personal has put in Protective Equipment (PPE) shall be required for all place measures project personnel including workers and visitors; to vaccinate the population. Avoid concentrating more than 15 workers at one However, in location. Where two or more persons are gathered, the event of maintain social distancing of at least 2 meters; infection, the virus has a All workers and visitors accessing worksites every day potential of or attending meetings shall be subjected to rapid spreading Covid-19 screening which may include temperature quickly check and other vital signs; therefore the impacts are The project shall put in place means to support rapid anticipated to testing of suspected workers for Covid-19; be minor. Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc. 9. Spread of COVID-19 Minor Electronic means of consulting stakeholders and amongst community Construction holding meetings, shall be encouraged, whenever members during works are feasible. One-on-one engagements for the PAPs while consultation anticipated to observing social distance and adhering to PPE wearing processes take a short shall be enforced; period due to xi the low Avoid concentrating more than 15 community volumes of members at a venue. Where two or more participants works and are gathered, maintain social distancing of at least 2 reduced meters (6 feet); community consultation The team carrying out engagements within the with most communities on one-on-one basis will be provided having been with appropriate PPE for the number of people and done at project stakeholders they intend to meet. design stage. Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 10. HIV/AIDS Low  Promote HIV/AIDS prevention messaging If any local person Construction  Install HIV testing services at the construction site engages with a worker works are  Support infected workers with ARVs sexually there could be a anticipated to  Peer counseling services at the site possibility of infection take a short in the event of an period due to infected party. low volumes of Therefore it will be project works. advisable to take Therefore the precautions because the impacts are impacts take long and it anticipated to may be hard to link the be low HIV/AIDs infection to the course. xii 11. GBV: Sexual Low  Develop and implement a SEA management action exploitation and Construction is plan with an Accountability and Response abuse (SEA) anticipated to Framework as part of the ESMP. The SEA action take short plan will follow guidance on the World Bank’s period due to Good Practice Note for Addressing Gender-based the low Violence in Investment Project Financing. volumes of  The SEA action plan will include how the project work. will ensure necessary steps are in place for: Therefore the o Prevention of SEA: including CoCs and impact is ongoing sensitization of staff on anticipated to responsibilities related to the CoC and be low consequences of non-compliance; project- level IEC materials; o Response to SEA: including survivor- centred coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights;  Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle-blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. 12. Gender-based Low  The contractor will implement provisions that violence at Construction is ensure that gender-based violence at the community level anticipated to community level is not triggered by the Project, take short including: xiii period due to o Effective and on-going community the low engagement and consultation, particularly volumes of with women and girls; work. o Review of specific project components that Therefore the are known to heighten GBV risk at the impact is community level, e.g.; community level anticipated to water management, representation or be low related economic activities etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender- equitable approaches to employment, representation, management etc  The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. 13. Gender Equity, Low  The contractor should prepare and enforce a No Sexual Harassment Construction is Sexual Harassment and Non-Discrimination and abuse amongst anticipated to Policy workers in the take short  The contractor should strive for an equitable workplace period due to distribution of employment opportunities the low between men and women. volumes of  Provision of gender disaggregated bathing, work. changing, sanitation facilities Therefore the  Whenever harassments are recorded on site, the impact is contractor should ensure prompt and effective anticipated to remedial action be low  The employees should be trained and sensitized on appropriate behaviour 14. Child Labour and Low  Ensure no children are employed on site in Protection Construction is accordance with national labour laws. This can be anticipated to done through incorporating prohibitive take short provisions in the code of conduct and also having period due to the recruitment policies that prohibits child the low labour. volumes of  Ensure that any child sexual relations offenses work. among contractors' workers are promptly Therefore the reported to the police. impact is anticipated to be low 15. Effects of Immigrant Low  Contractor should use the local workforce as workers Construction is much as possible (preference to local community anticipated to members on skills locally available). take short xiv period due to  Effective community engagement and strong the low grievance mechanisms on matters related to volumes of labour work.  All workers to sign an employment contract Therefore the including a Code of Conduct governing impact is appropriate behaviour anticipated to  The workforce should be sensitized to local social be low and cultural practices and be educated on the expected behaviour and conduct  Contractor should prepare and enforce a No Sexual Harassment and Non-Discrimination Policy  Contractor should prepare and implement a gender action plan  The contractor as part of the C-ESMP will Prepare Management Plan (LMP )that included mandatory requirement to procure all unskilled (and as much as possible, semi-skilled) labour as well as locally available materials from the local community while ensuring equal pay for equal work for men, women and people with disability 16. Grievance Redress Low  Establish community grievance committees at the The local community, Construction is site contractor, client anticipated to  Ensure contractor staff grievance structures exist (WAJWASCO) or any take short other aggrieved party period due to due to project activities the low need to be aware of the volumes of structures of expressing work. their grievances Therefore the impact is anticipated to be low Table 0-3: Mitigation Measures for Negative Impacts during Project Operation Phase No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS 1. Public Safety Impact is  Quality assurance through design review and Public safety issue are moderate construction supervision anticipated to arise if The impact is  Locating of the steel tank away from any areas the elevated steel tank temporal and will be with busy human activities or dwelling place. fall/collapses during of local scale and  Fencing off the steel tank area within a safe xv No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS operation due to high given quality radius and in the event of the tank falling to be wind force in the area workmanship, there within the fenced area. or for some other is no reason for  Deterring any livestock or human activities technical reasons . collapsing of the under the elevated tank tower to avoid weakening the base elevated steel tank.  Regular monitoring and maintenance of ware and tare of the tank and the tower 2. Over Exploitation Impact is low  Adhere to the amount of water allocated in the of the water there is a possibility authorization/water abstraction permit by aquifer of cumulative over WRA. exploitation of the  Monitor water levels to inform withdrawal plan aquifer particularly  Promote efficiency in water use by the during beneficiary communities implementation of  Conduct regular water quality analysis the borehole field for Wajir town bulk water project 3. Occupational Impact is low  Formulate SOPs for operation and maintenance health and safety The impact is activities that ensure safety of workers temporal and will be  Provide personal protective equipment to of local scale given operation and maintenance workers. the volume of works  Recording all injuries that occur on-site to during operation and workers while doing their daily duties in the incident register, corrective actions for their maintenance phase of prevention should be initiated as appropriate. the project  Creation of awareness and training of workers on site safety and first aid skills.  Hiring employees with proper qualifications for specialized and risky tasks during operation and maintenance of the project facilities.  Adherence to COVID-19 rules as provided by the ministry of health and the WHO while conducting daily duties.  Training of workers on COVID-19 rules and requirements. 4. Increase in waste Impact is low  Create awareness on reusing waste water for water The impact is kitchen gardening or tree planting Waste water is anticipated low given  WAJWASCO to consider construction of waste anticipated to be the population of the management and treatment system in the long- area, the water term. generated, since as a rule of thumb about evaporation rate and 75% of water supplied the type of soils with is discharged in the high infiltrations environment as waste which may reduce the xvi No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS water. flow or stagnation of such waste water. 5. Water Loss Impact is Minor  Use of water meters in strategic sections of the There shall be water Leakages in the system network to audit loses in the system to losses occasioned by system and deliberate reduce NRW. leakage in the water vandalism of the  Proper coordination and provision of pipe burst pipeline for livestock reporting mechanism among the local transmission pipeline community. or due leakage from watering or from the  Adequate maintenance and prompt response to the elevated tank this elevated steel tank. reported bursts or leakages. will lead to increased  Use of quality piping materials and control of abstraction, reduced pressure in the network. supply and increase in  Creation of awareness on water conservation cost of operation and among employees of water service provider and maintenance. Water the local community members. loss is mainly  Provision of gate valves at strategic points to reduce waste after bursts on sections of the line anticipated from burst and reduce pressure in the system of water transmission  Installation of automated leak detection by pipelines, vandalism monitoring deviation in water pressures from and damages from the norm if possible. movement of livestock  Sensitization and awareness creation among in the area the community against vandalizing the pipeline for livestock watering  Deep trenching of the transmission pipes to avoid damages by moving livestock.  Regular monitoring for leakage and maintenance of the steel tanks.  Awareness for community members to use waste water for tree planting instead of treated water. 6. Resistance to sharing Impact is minor  Community sensitization of sharing water with other Due to scarcity of resources clans. water resource during  Negotiations involving clan elders and the drought seasons community leaders community may  Revenue sharing with communities hosting resist in sharing water sources through corporate social responsibility (CSR) activities. water with other clans. 7. Non-affordability of Impact is minor  WAJWASCO to subsidize water bills to a Metered Water by minimum flat rates for vulnerable Vulnerable households. Households and  Construct water kiosks in areas around xvii No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS Individuals. clusters of houses  Construct water kiosks around schools so Some of the pupils can go home with water rather than vulnerable households skip school to fetch water for domestic use. will not afford metered water and this may lead to further exclusion from the service and deeper vulnerability to water- borne diseases 8. Spread of livestock Impact is minor  Frequently monitoring livestock pest and pest and diseases The impact is diseases particularly during droughts Spread of livestock considered to be  Vaccination of livestock during drought pest and diseases. Due minor periods to convergence of  To quarantine livestock from infected areas from watering or moving to project area several livestock at the  Encourage regular spraying or treating of same watering point, livestock by the local community members especially visiting livestock may lead to infections 9. Increased  Consider agreeing on guidelines regulating Impact is minor grievances and the access to water resources by the various The Local community Grievance Redress interest groups. has a well-organized Grievances are  The elders to work with the office of county grievance redress commission to resolve any perceived conflicts anticipated to increase mechanism through from other pastoralists accessing water between community elders. The impacts resources in the project area particularly members and are considered to be livestock watering points. outsiders from minor since local  WAJWASCO to develop and implement a neighbouring villages people respect elders grievance redress structure during project during droughts. operation. and are bound by  WAJWASCO to sensitize relevant project decision made by the stakeholders on the Grievance redress elders. structure developed. 10. Impact is low  Planting of vegetation consistent with site area, Loss of aesthetic The towering of the around the tank and other facilities inconsistent value with the area. steel tank above xviii No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS The introduction of objects in the area  Use of materials with a hue consistent with the elevated steel tank is shall impact on background of the project site. anticipated to be an Aesthetic value of the  Back filling all soil excavations and removing introduction of foreign area any obsolete objects on site. objects inconsistent with the surrounding which will lead to loss of aesthetic value. 11. Soil erosions Impact is minor  Back filling and compacting the soils Movement of livestock Although the land  provision of alternative livestock watering at watering points topography within points during operation of the project site is flat  Planting vegetation to reduce wind erosion. the project shall lead with sandy soils as  Discouraging communities from grazing well as the area around the project area and livestock watering to loosening of soil experiencing low point. particles exposing soil to wind action. rains, the number of livestock especially goats is high. The wind action in the area is substantial and the soil is bare without vegetation cover. It is therefore anticipated that more loosening of soil particles by livestock movement at the water points. Table 0-4: Mitigation Measures during decommissioning phase No ANTICIPATED IMPACT MITIGATION MEASURES NEGATIVE RATING IMPACTS 1. Occupational Impact is low  The decommissioning contractor to develop a site Health and The impact is safety action plan detailing safety equipment to be Safety (OHS). temporal and will used, emergency procedures, restriction on site, be of local scale frequency, and personnel responsible for safety Occupational inspections and controls. This should be ready and Health and given the volume approved by the supervising engineer before Safety (OHS). of works, commencing of the proposed works Accidents may anticipated, the xix occur on site number of  Train workers on safety and first aid skills before causing injuries persons on site, commencing the decommissioning works during most of the waste decommissioning  Ensure safety of the decommissioning workers by is anticipated to of the project putting first aid area and injury reporting works affecting the be inert, volume mechanism workers of contractor  Provide appropriate personal protective equipment machines and (PPE) to workers and training on appropriate use. vehicles on site (Reflective jackets, helmets, face masks, ear plugs gloves, safety boots, etc.)  There should be adequate provision of the requisite sanitation facilities for human waste disposal  Recording of all injuries that occur on site in the incident register, corrective actions for their prevention are instigated as appropriate.  The contractor is required to have WIBA insurance policy to compensate workers in the event of injuries.  Provide clean drinking water for the workers to mitigate against dehydration.  Have an undertaking with a nearby health facility for emergency cases on-site before decisions are made.  Adherence to COVID-19 rules as provided by the ministry of health and WHO with provision of easily accessible and adequate COVID-19 PPE all persons on site. The specific action to be captured in the contractor ESMP.  Training of workers on COVID-19 rules and requirements. 2. Public Safety Impact is low  Ensure the safety of residents by providing safety signs Public safety issue The impact is at strategic places around the access roads. are anticipated to temporal and will  hording off working sites to protect the public or arise during be of local scale unauthorized persons demolition of given the volume  Reduce unnecessary speeding of contractor vehicles to structures, at of works, control for accidents from the movement of pedestrians construction site, anticipated or livestock in the area. movement of number of  Controlling for air and noise pollution levels to protect machines and contractor the public. equipment to and machines and from site and vehicles on site. movement of contractor vehicles ferrying waste. 3. Air quality Impact is low  Workers to use masks when working in dusty It is anticipated The impact is conditions while demolition of structures. that exhaust fumes temporal and will  The community members to be discouraged from going and dust emission be of local scale to site to watch the decommissioning activities. will be generated given the volume  Reduced speeding on the dusty roads by the xx during structures’ of works, decommissioning vehicles. demolition anticipated  Decommissioning vehicles to have catalytic devices to activities. number of ensure complete burning of waste gases, structures  use of clean petroleum that is low in sulphur, lead or other pollutants, anticipated for  proper servicing of vehicles and machines demolition,  Use all means possible including spraying of water on contractor structures to suppress dust if considered to be a menace machines and at decommissioning sites. vehicles on site 4. Excessive Noise Impact is low  The community members to be discouraged from going and Vibrations. The impact is to site to watch decommissioning activities Movement of temporal and will  Machines and equipment to be fitted with machines is be of local scale silencer/muffler devices where possible, anticipated to given the volume  Using equipment and machines with low noise generate noise of works, emission. impacting mainly anticipated  switching off vehicles and machines when not in use, workers working  avoiding unnecessary hooting, number of at the  Workers to be provided with personal protection contractor equipment earplugs and anti-vibrating gloves. decommissioning site. Noise shall machines and  machines to be serviced to reduce generation of noise also be from vehicles on site. and vibrations, movement of  the noisy activities should be restricted during daytime construction  Ensure that NEMA noise and Vibration standards are vehicles on site observed in activities.  Training/sensitization/awareness on use of PPEs and personal safety measures. 5. Solid waste  Compacting any excavated areas while removing Impact is low generation dilapidated pipes. The volume of The main source  Proper disposal of waste from the contractors camp of waste shall be works are low and  Disposing off contaminated soils in cutting pit if the demolition the number and volumes are low. waste. size of the  The contractor to develop site specific incident structures to be management or response plan in the evident of decommissioned hazardous waste contamination (used tyres, Oil and are low Fuel filters).  Preparation of waste management plan to guide waste management and disposal activities. 6. Leakage and Impact is low  In the event of hazardous waste leakage or spills, spillage The low volume engage authorized waste handlers to dispose Leakage and of works contaminated soils. spillage from the anticipated to  Disposing of contaminated soils in cutting pit if attract a low volumes are low. contractor’s number of  Use of NEMA licensed waste handlers to dispose in machines and licensed disposal areas. equipment is machines  Development of site specific incident management or anticipated at the response plan. site during  Taking all measures possible to reduce any spillage construction of the xxi water and sanitation associated facilities. 7. Spread of COVID- Impact is low The Contractors will develop standard operating The procedures (SOPs) for managing the spread of Covid-19 19. During decommissioning during project decommissioning and submit for approval decommissioning works are by the project Supervising Engineer and the Client, work sites anticipated to before mobilizing to site. The SOPs shall be in line with take a short the World Bank guidance on COVID-19, Ministry of period due to the Health Directives and site-specific project conditions; low volumes of works and the Mandatory provision and use of appropriate Personal government has Protective Equipment (PPE) shall be required for all put in place project personnel including workers and visitors; measures to vaccinate the Avoid concentrating more than 15 workers at one population. location. Where two or more persons are gathered, maintain social distancing of at least 1.5 meters; All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for Covid-19; Install hand washing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc.; ESMP Implementation and Institutional Management The implementation of the proposed measures shall be by several actors including the client (WAJWASCO), NWWDA safeguards specialist, the supervision consultant, WAJWASCO Social, Gender and communication stakeholder engagement expert and the contractor who are expected to have environment, health and safety officer to implement and report on safeguard requirements. Reporting on implementation activities of the proposed Lambib community xxii water supply and sanitation shall be done at several levels. The project supervising consultant shall be in charge of the daily reporting on site on behalf of the client (WAJWASCO). The supervising consultant shall in consultation with the contractor’s team prepare all the required reports including site meeting minutes and submit to the client. In addition, the supervising consultant and the contractor will be required to promptly report any major incidents on site to the bank and relevant authorities as soon as possible, within 24 hrs of the incident occurrence. The progress reports prepared shall be on monthly and quarterly basis. On behalf of the client (WAJWASCO), NWWDA safeguards consultant, WAJWASCO environment and social safeguards officers shall review the reports and submit to the World Bank for comments and approvals. The contractor’s environment, health and safety officer will prepare C-ESMP that shall guide the implementation of safeguards requirements. The project supervising consultant shall on a daily basis supervise the implementation of the C-ESMP, ESMP and ESMoP. WAJWASCO Environmental and social safeguards officers together with NWWDA safeguards consultant shall also conduct regular and impromptu monitoring to ensure that all the requirements of the World Bank and National laws are adhered to as captured in the C-ESMP, ESMP and ESMoP. Although the estimated cost for the implementation of the ESMP and ESMoP is about 1.35M, the actual costs shall be prepared by the contractor and captured in the C-ESMP. Provisions of the construction phase ESMP will be incorporated in the work’s bid documents. This ESIA was undertaken during the era of the Coronavirus disease (COVID-19) pandemic outbreak. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as training on E&S issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. Conclusion Lambib was identified as one of the potential suitable sites for the development of a well field to supply water to Wajir town as part of short term interventions to water scarcity in Wajir town. And as part of response to needs of the local community members, it was proposed that a community water and sanitation project to be implemented for the local people from Lambib area with improved water supply and sanitation services. The local people currently access water from shallow wells which are affected by the recurrent droughts. The majority of community members on the other hand use open defecations for human waste disposal as was indicated in household survey findings that affects the shallow aquifers. Some of the shallow wells have dried up and the water table is sinking over time forcing the residents to dig dipper and dipper to access water resources. The locals are also faced by the challenge of shallow water table contamination by faecal coliforms necessitating the implementation of the proposed project. The construction of Ecosan toilets is anticipated to improve the treatment of faecal waste which xxiii can be used to improve soil fertility, if community members adopt the concept of using the waste for manure. Consultations findings further showed that the local community are eagerly anticipating the implementation of the project. The proposed project area showed characteristics of modified habitat with human settlements. The environmental and social assessment findings indicate that the project impacts are of low impacts. The activities of the proposed community project facilities, is not anticipated to significantly influence the physical and social environment. It was further noted that the anticipated impacts shall be of low magnitude due to the size of the project and with mitigation measures having been proposed in this report. The project will not trigger any form of resettlement. The proposed water supply and sanitation components will be situated within community land and the local community members and leadership have been engaged and a community Land resolution and consent for land use obtained. The distribution pipe line will be a long road reserve, the Ecosan toilets will be sited in homesteads and water kiosks and livestock watering troughs will be located at public spaces. Any local community issues that may arise will be address through the implementation of a Grievance Mechanism (GM). This will have three levels, each populated with local administrative officials from the project area and professionals involved with the project. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves a project committee. Recommendations The development of the proposed community water supply and sanitation facilities is anticipated to have negative impacts socially and to the physical environment. In spite of the anticipated environmental and social impacts, with proper mitigation measures, the project is environmentally viable. The environmental assessment team proposes the implementation of the project with the following recommendations which need to be considered;  The project proponent WAJWASCO will ensure full implementation of ESMP and EMoP proposals during operation and decommissioning stages of the project as will be required. The contractor is expected observe the same during implementation phase.  Sensitize the community on proper treatment of fecal matter and use of the ecosan toilets for maximum efficiency during operation.  WAJWASCO will ensure regular sensitization and awareness creation among the local community members on recycling the fecal waste as fertilizer amidst cultural perceptions.  The project implementing agency, contractor and the supervising engineer will ensures that ministry of health and World Bank covid-19 guidelines are implemented to the latter at the project site during construction period and that all the workers commit to observing the rules.  Deliberate (affirmative action) measures to be taken by the proposed project to consider connecting vulnerable and marginalized individual to water within the project area or xxiv ensuring provision of water kiosks is near dwelling of such groups and making the commodity affordable.  Grievances will be addressed through the follow up of the above existing stipulated structure. xxv TABLE OF CONTENT EXECUTIVE SUMMARY ........................................................................... III TABLE OF CONTENT ........................................................................... XXVI LIST OF TABLES .................................................................................. XXIX LIST OF FIGURES ................................................................................ XXIX LIST OF PLATES ................................................................................... XXX LIST OF ACRONYMS AND ABBREVIATIONS ....................................... XXXI 1 INTRODUCTION ................................................................................... 1 1.1 PROJECT BACKGROUND ........................................................................................................ 1 1.2 PROPOSED PROJECT OBJECTIVE .......................................................................................... 2 1.3 RATIONALE OF THE ESIA STUDY .......................................................................................... 2 1.4 OBJECTIVES AND SCOPE OF THE ESIA STUDY ...................................................................... 2 1.4.1 General Objective of the ESIA Study ........................................................................... 2 1.4.2 Scope of the ESIA study ............................................................................................ 3 1.5 JUSTIFICATION OF THE PROJECT ......................................................................................... 3 1.6 THE STUDY APPROACH AND METHODOLOGY ....................................................................... 4 1.6.1 Desktop Review ............................................................................................................ 4 1.6.2 Field Survey .............................................................................................................. 4 1.7 ESIA PROJECT STUDY TEAM ............................................................................................... 6 1.8 CONTENT AND STRUCTURE OF THE REPORT ..........................................................................7 1.8.1 Purpose of the Report....................................................................................................7 1.8.2 Structure of the Report ..............................................................................................7 2 PROJECT DESIGN AND DESCRIPTION ................................................. 9 2.1 OVERVIEW .......................................................................................................................... 9 2.2 PROPOSED PROJECT COMPONENTS...................................................................................... 9 2.2.1 Proposed Scope of the Lambib host community Water ProjectError! Bookmark not defined. 2.3 PROJECT ACTIVITIES AS SOURCE OF IMPACTS ..................................................................... 14 2.4 MATERIALS FOR USE .......................................................................................................... 14 2.4.1 Anticipated Waste material and by-products ........................................................ 14 2.5 CONSIDERATIONS OF PROJECT ALTERNATIVE ..................................................................... 14 2.5.1 No Project Option .................................................................................................... 14 2.5.2 Project Development Option ................................................................................... 15 2.5.3 Alternative Technology Option ............................................................................... 15 2.6 COST OF THE PROJECT........................................................................................................ 16 xxvi 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ........................ 17 3.1 OVERVIEW ......................................................................................................................... 17 3.2 PROJECT POLICY FRAMEWORK ........................................................................................... 17 3.2.1 Policy Framework ................................................................................................... 17 3.2.2 Legal Framework ................................................................................................... 20 3.2.3 World Bank Safeguards Operational Policy and Best Practice ............................ 28 3.3 PROJECT INSTITUTIONAL FRAMEWORK .............................................................................. 31 3.4 CONSTRUCTION SUPERVISION, MONITORING AND REPORTING .......................................... 33 3.5 CONTRACT MANAGEMENT, ADMINISTRATION AND CONFLICT RESOLUTION........................ 34 4 ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS ................ 35 4.1 OVER VIEW ....................................................................................................................... 35 4.2 PROJECT LOCATION .......................................................................................................... 35 4.3 PHYSICAL ENVIRONMENTAL BASELINE CONDITIONS .......................................................... 36 4.3.1 Climate and Weather Parameters ......................................................................... 36 4.3.2 Waste Generation and Management ..................................................................... 40 4.3.3 Excessive Noise and Vibrations .............................................................................. 41 4.3.4 Air quality ............................................................................................................... 42 4.4 BIOLOGICAL ENVIRONMENTAL BASELINE CONDITIONS ...................................................... 42 4.4.1 Flora and Fauna ..................................................................................................... 42 4.4.2 Invasive Species Management ............................................................................... 43 4.4.3 Natural Habitats .................................................................................................... 43 4.4.4 Visual Impacts ........................................................................................................ 44 4.5 SOCIO-ECONOMIC BASELINE CONDITIONS ......................................................................... 44 4.5.1 Administrative units............................................................................................... 44 4.5.2 Demographic Characteristic of the Project site ..................................................... 44 4.5.3 Social Amenities and physical infrastructure ....................................................... 47 4.5.4 Land Use and Ownership ....................................................................................... 48 4.5.5 Water Coverage...................................................................................................... 49 4.5.6 Sanitation Coverage ............................................................................................... 52 4.5.7 Vulnerable and Marginalized Persons .................................................................. 56 4.5.8 Cultural Heritage and Properties ...........................................................................57 4.5.9 Demand and Support of the Project .......................................................................57 4.5.10 Willingness to Pay for the Services ........................................................................ 58 4.5.11 Community Anticipated Impacts of the Project .................................................... 59 5 PUBLIC PARTICIPATION AND CONSULTATIONS .............................. 60 5.1 OVERVIEW ........................................................................................................................ 60 5.2 THE CONSULTATIVE PROCESS ADOPTED ............................................................................ 60 5.3 KEY INFORMANT INTERVIEWS ........................................................................................... 60 5.4 LAMBIB COMMUNITY CONSULTATIONS .............................................................................. 64 xxvii 5.5 SUMMARY OF ISSUES RAISED DURING BARAZA MEETING AND THE RESPONSE ..................... 66 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS..................... 69 6.1 OVERVIEW ........................................................................................................................ 69 6.2 POSITIVE IMPACTS OF THE PROPOSED PROJECT ................................................................. 69 6.3 NEGATIVE IMPACTS OF THE PROPOSED PROJECT ................................................................ 70 7 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ........ 92 7.1 OVER VIEW ....................................................................................................................... 92 8 ENVIRONMENTAL AND SOCIAL MONITORING PLAN (ESMOP) ...... 107 8.1 OVER VIEW ...................................................................................................................... 107 9 GREIVANCE REDRESS MECHANISM ERROR! BOOKMARK NOT DEFINED. 9.1 OVER VIEW ....................................................................................................................... 111 9.2 GRIEVANCE LOG ................................................................................................................ 111 9.3 ORGANIZATION STRUCTURE FOR CONFLICT RESOLUTION. ................................................. 112 9.3.1 Level one: local committee .................................................................................... 112 9.3.2 Level two: county committee ................................................................................ 113 9.3.3 Level three: Project committee ............................................................................. 113 10 CONCLUSION AND RECOMMENDATIONS ..................................... 115 10.1 CONCLUSION .................................................................................................................... 115 10.2 RECOMMENDATIONS ........................................................................................................ 115 11 REFERENCES .................................................................................. 117 12 ANNEXES ........................................................................................ 118 I. PROJECT LAND DOCUMENTATION ........................................................................... 118 II. MINUTES FOR COMMUNITY CONSULTATION AND THEIR RESPECTIVE ATTENDANCE LIST ................................................................................................................138 IIA : MINUTES FOR SIGNING OF THE LAND CONSENT FORMS FOR THE LAMBIB HOST COMMUNITY PROJECT. ........................................................................................................ 139 III. LIST FOR KEY INFORMANTS INTERVIEWED ........................................................... 159 IV. SELECTED COMMUNITY REPRESENTATIVES......................................................... 160 V. CONSENT FORM FOR ECOSAN BENEFICIARIES. ..................................................... 162 VI. APPROVAL FORM THE COUNTY ROADS DEPARTMENT. ........................................ 178 VII. HYDRO-GEOLOGICAL SURVEY REPORT ............. ERROR! BOOKMARK NOT DEFINED. VIII. PROJECT DESIGN ......................................................................................................... 179 VIII A. WATER KIOSK DESIGN................................................................................................... 180 VIII B. PIPELINE DESIGN .......................................................................................................... 188 VIII C. ELEVATED STEEL TANK DESIGN...................................................................................... 193 xxviii VIII D. ECOSAN TOILET DESIGN................................................................................................. 195 IX. EIA LICENCES’ FOR LEAD EXPERT ........................................................................... 201 xxix LIST OF TABLES Table 0-1: Summary of stakeholders Issues raised and the response ............................................ vi Table 0-2: Proposed Mitigation Measures for Negative Impacts during Project construction phase .......................................................................................................................... viii Table 0-3: Mitigation Measures for Negative Impacts during Project Operation Phase .............. xv Table 0-4: Mitigation Measures during decommissioning phase ................................................ xix Table 1-1: The ESIA Project Study Team ...................................................................................... 7 Table 2-1 : The location of water Kiosks........................................................................................ 9 Table 2-2: Project Cost Table ....................................................................................................... 16 Table 3-1: Policy Framework ....................................................................................................... 17 Table 3-2: Legal Framework ........................................................................................................ 20 Table 3-3: Applicable World Bank Safeguards Policies for the Proposed Lambib host community water supply and sanitation project............................................................................. 28 Table 3-4: Regulatory Institutional Framework ........................................................................... 31 Table 3-5: Project Implementation and Operation Institutional Framework ................................ 32 Table 4-1: Literacy Level Attained in Wajir East Sub-County .................................................... 45 Table 4-2: The main sources of water........................................................................................... 50 Table 4-3: Water Usage in Amount .............................................................................................. 51 Table 4-4: Water treatment Methods ............................................................................................ 55 Table 4-5: Reported Cases of waterborne diseases....................................................................... 56 Table 5-1: Summary of Key Informant Interview ........................................................................ 60 Table 5-2: Summary of stakeholders Issues raised and the response ........................................... 66 Table 6-1: Proposed Mitigation Measures for Negative Impacts during Project construction phase ........................................................................................................................... 74 Table 6-2: Mitigation Measures for Negative Impacts during Project Operation Phase .............. 83 Table 6-3: Mitigation Measures during decommissioning ........................................................... 87 Table 7-1: Environmental and Social Management Plan (EMSP) at Constrution Phase ............ 93 Table 7-2: Environmental and Social Management Plan (ESMP) at Operation Phase .............. 103 Table 8-1: Environmental And Social Monitoring Plan (EMoP) ............................................... 108 LIST OF FIGURES Figure 4-1: Project Location Map with Community Water and Sanitation Facilities .................. 35 Figure 4-2: Mean Monthly Rainfalls source (CHIRPS) accessed November 2021...................... 36 Figure 4-3: Average monthly Temperatures source FAO CLIMWAT database (November 2021) at Wajir weather station.............................................................................................. 37 xxx Figure 4-4: Relative Humidity source FAO CLIMWAT database (November 2021) at Wajir weather station. ........................................................................................................... 38 Figure 4-5: Daily wind Speeds source FAO CLIMWAT database (November 2021) at Wajir weather station. ........................................................................................................... 39 Figure 4-6: Average Daily Radiation source FAO CLIMWAT database (November 2021) at Wajir weather station. ................................................................................................. 40 Figure 4-7: Status of household head............................................................................................ 45 Figure 4-8: Respondents Level of Education................................................................................ 47 Figure 4-9: Google Image of Settlement Pattern of Lambib Settlement ...................................... 49 Figure 4-10: Reliability of Water Supply Sources ........................................................................ 51 Figure 4-11: Main mode of human waste disposal in Lambib ..................................................... 53 Figure 4-12: Beneficiaries and distribution of Ecosan Toilets in Lambib .................................... 54 Figure 4-13: Perceived water quality from existing sources ........................................................ 55 Figure 4-14 ; Awareness of the project ......................................................................................... 58 LIST OF PLATES Plate 1-1: An interview with the Social welfare officer ................................................................. 5 Plate 1-2: Consultation with the County Water Director ................................................................ 5 Plate 1-3: Data Collectors being taken through the digital Questionnaire...................................... 6 Plate 4-1: Haphazardly disposed of waste neer WAJWASCO office. ......................................... 41 Plate 4-2: Inadequate waste management in Wajir town .............................................................. 41 Plate 4-3: Burning of waste at lambib........................................................................................... 41 Plate 4-4: Inadequate waste management at Lambib. ................................................................... 41 Plate 4-5: Poor ground cover ........................................................................................................ 42 Plate 4-6: Unimproved road from Wajir town to Bor through Lambib ........................................ 42 Plate 4-7: Acacia reficiens ............................................................................................................ 43 Plate 4-8: Comiphora Myrrh ......................................................................................................... 43 Plate 4-9: One of the community shallow well in Lambib with animal watering trough ............. 50 Plate 4-10: Survey Team Member Drawing water from one of the community shallow well ..... 50 Plate 4-11: Pit latrine Toilet with twigs in Lambib....................................................................... 52 Plate 4-12: Pit Latrine with iron sheets without roof .................................................................... 52 Plate 5-1: Local youth Following the Community baraza meeting discussions ........................... 65 Plate 5-2: Community members following proceedings during community baraza meeting. ..... 65 xxxi LIST OF ACRONYMS AND ABBREVIATIONS ALDEF Arid land development focus CIDP County Integrated Development Plan EIA Environmental Impact Assessment EMCA Environmental Management and Coordination Act EMoP Environmental Monitoring Plan ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan HHQ Household Questionnaires KIID Key informant Interview Guide KIIs Key Informant Interviews NEMA National Environment Management Authority NRW Non-revenue Water PPE Personal Protective Equipment WAJWASCO Wajir Water and Sanitation Company WRA Water Resources Authority WSDP Water and Sanitation Development Project xxxii 1 INTRODUCTION 1.1 Project Background Wajir town is growing rapidly yet sufficient sustainable water sources for social and economic development are limited. The residents of the town depend on ground water shallow wells which are often unreliable and due to over pumping experience limited recharge and recovery time, in addition the aquifers are contaminated with faecal matter due to the high ground water table that is affected by the pit latrine. The existing Wajir minor water supply system does not meet the demand and only covers public institutions including schools, the hospital and county government offices. In light of this and the need to alleviate the situation, the Government of Kenya through a World Bank financing loan under WSDP is making concerted efforts to ensure that sustainable water sources to Wajir town are identified and developed. Much work has been done already and previous studies identified and categorized Wajir water supply into short and long-term interventions. Among the proposals was to explore the potential of ground water sources outside the town area similar to Wajir minor concept of developing well fields, collect the water and supply to the Wajir town. Lambib was identified as one of the potential suitable sites for drilling of the boreholes. The proposal was to drill 5 No boreholes, link 4 for the purpose of supplying water to Wajir town and 1 No for Lambib host community water supply. Therefore, the proposed scope of Lambib host community project is to supply water to the local community, the proposed project consists of constructing 1 No. 50m3 elevated steel tank, 2.5km distribution main, 6No. Water kiosks, 3 No. Livestock watering troughs, 15 No. Ecosan toilets and fencing around the borehole. However, the focus of this report is to assess the environmental and social impacts of the water supply and sanitation component of the project. The impacts of drilling the borehole were assessed in a separate report. The implementation, operation and decommissioning of the water supply and sanitation components are therefore expected to have environmental and social impacts that need to be anticipated and mitigated or enhanced. This will be in line with the World Bank OP 4.01 and section 58 of the Environmental Management and coordination Act CAP 387, which requires a project proponent to carry out an ESIA study before being permitted to undertake activities considered harmful to the environment. This includes observance of other national legislations guiding public participation and consultation, conservation, management and utilization of natural resources. In light of this and in response to the requirements of the law, there was need to conduct an environmental impact assessment which is the subject of this report. The ESIA project report was undertaken in consultation with the community with an aim of allowing for early identification of key environmental and social issues for input into the implementation and operation of the proposed development facilities. This will improve the overall community understanding of possible positive and negative impacts of the proposed sub-project under WSDP, hence increasing its social and environmental sustainability. 1 1.2 Proposed Project Objective The general project objectives were to construct domestic water infrastructure for the local community members and construction of sanitation facilities to vulnerable and marginalized households. For the supply of water to the local community, the proposed project will involve constructing 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. livestock water troughs, 15 No. Ecosan toilets and fencing around the borehole. However, environmental and social impacts of drilling the borehole was assessed in a separate report and therefore, the focus of this report shall be on the implementation, operation and decommissioning of the community water distribution infrastructure and sanitation facilities. 1.3 Rationale of the ESIA study The proposed sub-project components fall under the World Bank's support to the government through investment lending towards improving water supply and sanitation services focusing on coastal regions and priority areas, along with strengthening sector institutional capacity to deliver improved services. The implementation, operation and decommissioning of the proposed project water supply and sanitation components will thus trigger the Bank's Safeguard Policies (OP 4.01 Environment Assessment) which requires undertaking environmental and social due diligence. Also, as required by Kenya’s EIA assessment process under section 58 of the Environmental Management and Coordination Act CAP 387, it is mandatory that a proponent carry out an ESIA study before being issued with an EIA license to undertake any project activities that may be considered deleterious to the environment. This includes compliance with the Environment Impact Assessment and Audit Regulations of 2003 and consideration of other national legislations guiding conservation, management, and utilization of natural resources. Therefore, the assessment under this study was to identify significant potential impacts of the project to the project site's physical, biological, social, and economic aspects. The proposed sub-project falls under low risk project according to NEMA categorization and therefore this project Report is prepared in response to requirement. 1.4 Objectives and Scope of the ESIA Study 1.4.1 General Objective of the ESIA Study The objective of the study was to identify positive impacts of the proposed sub-project components and associated enhancement measures, negative impacts and the mitigation measures as well as to comply with section 58 of the Environmental Management Act (EMCA) CAP 387 which requires that a project proponent carries out an EIA study before being issued with a license to undertake a project that is found in schedule II of the Act. This will include observance to the components described below:  Identification of significant potential impacts of the proposed project to physical, biological, social, cultural and economic environment. 2  Formulate mitigation measures to any adverse impacts on the environment and people’s health throughout all phases of the project while enhancing the positive impacts. This will ensure the proposed project is environmentally friendly, socially acceptable and sustainable. 1.4.2 Scope of the ESIA study The scope of the ESIA study was confined to the sites where the proposed works shall be implemented and the assessment assignment therefore included:  Concise description of the national environmental legislative and regulatory framework for implementation and management of the proposed construction of the proposed works.  Concise description of the project design including technology, procedures and processes to be used during project implementation and operation.  Conduct a baseline assessment and description of the physical, biological, social, cultural and economic environment of the project area.  Conduct an assessment of environmental and social impacts due to the proposed development.  Conduct public consultations and participation  Identify mitigation measures for negative impacts as well as enhancing measures for the positive impacts of the project.  Develop an environmental and social management plan (ESMP).  Develop an environmental and social monitoring plan (ESMoP).  Submit to NEMA for approval and licensing as well as World Bank. 1.5 Justification of the Project Due to scarcity of sustainable water sources within Wajir town to meet the current water demand, proposals were made to identify and develop ground water sources from the outskirts of the town, to supplement the current supply as part of short-term intervention measures to Wajir town water supply challenges. Lambib was identified as one of the potential suitable sites for the development of a well field to supply water to Wajir town. It is in this regard that the government through World Bank financing is pursuing the intervention under WSDP. To ensure social sustainability of the project, there was need to dedicate one of the boreholes to serve the local community. Lambib community just like the wider Wajir town population, rely on shallow ground water wells which are prone to faecal matter contamination. There was a proposal to supply the community with water and construction of ecosan toilets as part of in-kind compensation for drilling the borehole field in the community for the purpose of supplying water to Wajir town. The proposed sub-project in addition was to construct 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. livestock watering troughs, 15 No. Ecosan toilets and fencing around the borehole. However, the assessment of the impacts on the drilling of Lambib host community borehole was assessed under a separate report. 3 Therefore, the subject of this ESIA project report study is the construction, operation and decommissioning of the water supply and sanitation component. 1.6 The Study Approach and Methodology Various approaches and methodology were applied in the course of collecting environmental and social baseline survey data, data analysis and reporting in order to attain the objectives of the ESIA project report. The main approaches were desktop literature review, environmental and social field surveys. 1.6.1 Desktop Review A desktop study was conducted to review available published and unpublished reports including project design and previous ESIA reports to compile relevant baseline biophysical and socio- economic information about the study area. The biophysical information compiling considered environmental aspect such as flora, fauna, topography, drainage, soils, geology, hydrogeology and climatic factors. On the socio-economic aspects, the study compiled information on factors such as population, Social amenities and physical infrastructure, land use and ownership, water and sanitation coverage, livelihood systems income and well being, vulnerable and marginalized groups. 1.6.2 Field Survey The proposed Lambib host community project is in itself a component within the proposed Lambib immediate works for supplying water to Wajir town. And survey for the project has been done at different periods and levels dating back to 2019, 2020 and early 2021 depending on the component of the project being handled. For instance, the consultation (Consultation for signing land consent form was done 3rd February 2022. What was signed previously was for the borehole’s land) 0f mapping out beneficiaries of sanitation facilities was done in March 2021. However, for additional data under the study, the assessment team conducted field work within the project area on 16th and 17th November 2021 and again on 8th and 9th December 2021. Further consultation was also done on 27th January 2022 while the land consent form was signed on 3rd February 2022.The main objective of the activity was to carry out site assessment of the anticipated effects of the sub-project components on the physical, biological and socio- economic environment. The field work exercise involved visiting and paying courtesy calls to the area chief, key informant interviews and additional socio-economic household data collection. The survey team further conducted a site visit to familiarize and appreciate the general setting in respect to the proposed project site accessibility, social amenities, environmental setting and physical features among others. The team took the opportunity to conduct informal interaction with community consultations and social economic baseline survey. 1.6.2.1 Environmental Data Collection The environmental study team carried out environmental profiling of the proposed project area, by conducting a transect walk through the proposed project site on 17th November 2021, the 4 transect walk was conducted by a team of representatives from the implementing agency (WAJWASCO), the local community representative, some community members and the consultant team. The aim was to assess waste generation and management within the area of interest, sanitation and existing impacts to water resources, identifying potential sources of noise and vibrations as well as likely receptors, potential sources of air quality issues, vegetation type and cover, invasive species management, habitat types, landscape and aesthetic value of the proposed project area. The main data collection methods were through observations, photo taking, expert judgment and consultations with community elders. The data collected was triangulated with secondary data of previous ESIA and project design report. 1.6.2.2 Socio-Economic Data Collection The socio-economic survey data was collected using both quantitative and qualitative techniques depending on the target respondents. For collection of quantitative data, a semi-structured household questionnaire was used to target household heads for information. Community baraza discussion guide, professional observations/judgment and Key Informant Interviews (KII) were used for collecting of qualitative data from community members and key informants as indicated in chapter 5 of this report. The target number of key informants for interview was 10 out of which 9 were consulted. Some of the Key informants interviewed were as captured in Plate 1-1 and Plate 1-2. The household data collection tools were developed and discussed within the survey team for consensus, before training of enumerators, pre-testing and data collection conducted. Plate 1-1: An interview with the Social Plate 1-2: Consultation with the County Welfare Officer Water Director 5 1.6.2.3 Training of enumerators and household data Collection Part of the community engagement process was to conduct a household survey from the proposed project area of interest. The household baseline survey involved use of structured questionnaires on a digital platform to collect data from individual household heads (HH). The household data collection tools were pre-tested on the 8th of December 2021 with the data collectors randomly choosing households within project area and the necessary adjustments made. The data collection proceeded the same date. Data was collected by a team of locally recruited research assistants by WAJWASCO. The household survey was conducted digitally and there was need for the survey team to be trained on how to use the data collection software. The process began with going through the hardcopy of the questionnaire for the data collectors to familiarize themselves with questions and the art of engaging the respondents. The process was followed with installing the data collection software “Kobo collect” and taking the survey team through the application process as indicated Plate 1-3. The software was adopted as part of the measures to reduce exposure to covid-19 of the survey team and enhancing efficiency in the household data collection process. The data collectors used own smart phones. Plate 1-3: Data Collectors being taken through the digital Questionnaire 1.7 ESIA Project Study Team Wajir Water and Sanitation Company (WAJWASCO) in liaison with safeguards specialist from NWWDA prepared the Environmental and Social Impact Assessment (ESIA) project report for the proposed construction of 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. livestock watering troughs, 15 No. Ecosan toilets and fencing around the borehole. Environmental scoping and subsequent preparation of the ESIA project report was accomplished through involvement of several experts from WAJWASCO and the consultant with varied inputs. The assignment team composition was as indicated in Table 1-1. 6 Table 1-1: The ESIA Project Study Team NO NAME OF PROPOSED POSITION SIGNATURE EXPERT Godfrey Wabomba Lead Environmentalist (NWWDA) Mr. Abdirashid Adan Social Safeguards (WAJWASCO) Ahmed Malik Water and sanitation engineer (WAJWASCO) Emmanuel Wafula Assistant Environmentalist Eng. Andrew Meso Design engineer (Project Supervising Consultant) 1.8 Content and Structure of the Report 1.8.1 Purpose of the Report This report is intended to meet the overall assignment objectives of carrying out an ESIA project study report for the proposed construction of 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. Livestock watering troughs, 15 No. Ecosan toilets and fencing around the borehole for Lambib host community water project, in accordance with statutory requirements by NEMA on projects under EMCA CAP 387 schedule II. The report will assist NEMA and lead agencies in decision making process as well as ensuring that the project activities complies with sound environmental management practices. The report is also intended to assist the project proponent (WAJWASCO and other project implementing partners) and the contractor in their obligation of maintaining environmental integrity during the overall management of the project activities. 1.8.2 Structure of the Report To clearly highlight and determine environmental and social impacts that are associated with sub-project components implementation and operation phases. The ESIA project report has been structured to cover areas required under EMCA, CAP 387 and Environmental and Social Impact Assessment and Audit regulations 2003. The report is also consistent with the World Bank OP 4.01 Environment Assessment requirements. The ESIA project report contains 10 chapters as outlined below;  Chapter 1 introduces the project in general giving the background, project justification, study methodology and rational used to achieve the objectives of the project study.  Chapter 2 describes the project components and the various alternatives considered for implementation. 7  Chapter 3 highlights the environmental policy, legal and institutional framework that will inform the overall management of the project and its components at various stages of the project cycle. Local, national and international legal instruments and best practices have been considered.  Chapter 4 outlines existing environmental baseline information including physical, biological and socio-economic conditions of the project area. The chapter also highlights how the project will influence or be influenced by the baseline conditions.  Chapter 5 summarizes the public consultative process and the outcomes  Chapter 6 presents the project impacts both positive and negative that are anticipated due to implementation and operation phases of the proposed development project  Chapter 7 presents the project Environmental and Social Management Plan (ESMP)  Chapter 8 presents Environmental and Social Monitoring Plan (ESMoP) outlining impacts that require supervision and monitoring during project implementation and operation stages  Chapter 9 outline the project grievance mechanism  Chapter 10 presents the ESIA project study team's conclusions and recommendations. 8 2 PROJECT DESIGN AND DESCRIPTION 2.1 Overview The chapter describes the proposed project components, project alternatives and the estimated financial cost of implementing the proposed works. 2.2 Proposed Project Components The proposed components of the sub-project shall entail supplying water to the local community and the proposed project shall consist of;  Constructing 1 No. 50m3 elevated steel tank,  2.5 km distribution pipeline,  6No. water kiosks  3 No. livestock watering troughs,  15 No. Ecosan toilets to vulnerable households, and  Fencing around the borehole. It is critical to note here that the focus of this study is on sanitation and water infrastructure components, the impacts due to drilling of the borehole was addressed in a separate study. 2.2.1 . Community Water Kiosks There are 6N0. proposed water kiosks to serve households with water in the project area. According to project design report, the siting of the proposed water kiosks was influenced by the distribution/concentration of settlements, need to reduce the distances of accessing potable water and existing public institutions. The proposed locations of the kiosks were at a distance ranging from 300m-500m from one watering point to the other. The kiosks are anticipated to serve between 17-60 households each. The water kiosks are located on community land and community land resolution and consent form for land usage permit was signed by the relevant community representative committee that was selected by the community members as indicated in Annex I of this report for the sub-project components. The distribution of the kiosks within the proposed project area and the targeted beneficiaries is as shown in Table 2-1. The designs of the kiosks were as attached in annex VIII A. Table 2-1 : The location of water Kiosks No Location of Kiosk No. of Households Targeted 1. Bula Gurma 1st phase 17 2. Bula Kurma 2nd phase 36 3. Bula Kurma Central 24 4. Bula Primary 21 5. Bula Libi 40 6. Bula Dugsi 32 9 Total 170 2.2.2 Transmission Mains/Distribution pipeline It is proposed that, where transmission mains are applicable, water will be pumped into the Elevated steel Tank that is to be situated by the borehole site for ease of operation and maintenance. Water will then gravitate from the storage facility via 90mm dia HDPE PN 10 Distribution pipeline over 2.5 km distance to the Water Kiosks situated at the settlement. It has been estimated that the distance between the proposed borehole and the proposed Water Kiosk(s) is approximately 2,410m long and the elevation difference is below 5m. The transmission line will be aligned to the road reserves. The road reserves come under the authority of County Government. The county Department of roads and transport was consulted and approval acquired. The letter of approval/authority is attached in Annex VI of the report. The proposed design of the main distribution pipeline is as highlighted in Annex VIII B 2.2.3 Elevated steel Tank 50m3 A tank size of 50m3 has been proposed while the height has been taken as 12m.The height of 12m is to allow water to move for a distance of about 2.5km which is the approximate distance to distribution within kiosks. On the other hand, the capacity of 50m3 is in accordance with the water design manual which states that the appropriate tank size is approximately half the daily water demand. The design of the proposed elevated steel water tank is an indicated in Annex VIII C. 2.2.4 Livestock watering troughs The proposed Lambib host community project shall have 3 No. livestock watering troughs that are provided for in the design of the project facilities. The trough shall be adequate to water a herd of 20 No. cattle at any one given point with 10 cattle on each side of the trough. According to the design as attached in annex VIII E, the dimensions of the trough are 11.8m in length, 1.1m in width and a depth of 0.55m. The troughs are sited as per coordinates for:  first trough at latitude 1.7412649 and longitude 40.134573,  second trough at latitude 1.7414416 and longitude 40.134673 and  third trough at latitude 1.7413749 and longitude 40.13468. Engineering and social factors played a critical role in the sitting of the troughs, but the major one was locating away from human settlement. The sitting of the troughs was as suggested by the local community members. 2.2.5 Ecosan Toilets The project proposes 15No ECOSAN Toilets to be developed for the Vulnerable households in the project area. These toilets will help in improving sanitation facilities for vulnerable groups who cannot afford to develop their own facilities. Identification of the potential beneficiaries was done by the local public health practitioners in conjunction with the local administration office 10 and the selected community representative who were tasked to closely work with the project proponent on matters concerning the project. The beneficiaries signed consent forms for location of the sanitation facilities within their homesteads. A letter of the selected community representative confirmed by the Deputy County Commissioner is attached in Annex IV of the report. Priority was accorded to women headed households, families with members living with disability (PLWDs), the sick and poor & needy families. The characteristic of selected vulnerable household beneficiaries with names of the head of the household and their household composition can be found in table 2-2 below. The beneficiaries were consulted on areas where they intend to position the toilets within their compounds and have signed for consent declaration form attached in Annex V of this report. The design report further indicates that Ecosan toilet beneficiaries participated in siting of the facilities on their compounds. The design of the proposed Ecosan toilets is as shown in Annex VIII D 11 Table 2-2: Ecosan Toilet Locations and the beneficiary household characteristic with name of the household heads. s/no Name of Age of Id no Household composition Telephone coordinates Vulnerability household head h/h contact type Gender of Male Female Total head Household mem head bers 1. Mhamed Hujale 55 M 0179806 5 8 13 0742665107 Y-1.7427000, Minority2 Abdi X-40.1427400 2 Said Osman 54 M 13258510 6 5 11 No contact Y-1.7435100 Poor and needy Mohamed family X-40.1385100 3. Bishara Alasow 35 F 21323286 2 5 7 0759710453 Y-1.7447400 Female headed household X-40.1385000 4. Dubow Mohamed 60 M 8491015 7 3 10 0715602311 Y-1.7461600 Old age H/H and Abdille poor family X-40.1392300 5 Adana Ahmed 38 M 27462140 4 6 10 0758499578 Y-1.7412000 Female H/H Dugow X-40.1398600 6 Hamara Abdi 37 F 29545437 4 3 7 0795511566 Y-1.7465500 Female H/H Sumbul X-40.1388200 7 Rukia Ahmed 57 F 6390725 3 3 6 0726267735 Y-1.7429000 Poor and needy 2 The project area is inhabited by 2 clans one of which are the majority 12 Osman X-40.1374800 family 8 Halima Billow 35 F 35628846 4 7 11 0769661012 Y-1.7414400 Female H/H Issack X-40.1410400 9. Fatuma Mohamed 64 F 9572795 1 - - - Y-1.7403400 Female H/H Amin X40.1392300 10 Robay Gudhowa 56 F 0059244 5 4 9 0729590702 Y-1.734100 Physically Hassan disabled H/H X-40.1398300 11 Dakan Mohamed 34 F 29548885 5 1 6 0794436449 Y-1.7413700 Female H/H Abdi X-40.1374600 12 Rukia Mohamed 58 F 0059949 5 3 8 0708393641 Y-1.7429000 Poor and needy Noor family X-40.1374800 13 Adan Diad 33 M 36316919 5 5 10 0729008084 Y-1.7394300 Poor and needy Ahmed family X-40.1382400 14 Kasim Abdi 38 M 26943109 4 5 9 0704871901 Y-1.7392990 Poor and needy Barow family X-40.1391670 15 Arafa Adan 38 F 3558776 6 5 11 0113088662 Y-1.7387500 Minority Abdille X-40.1422200 NB: mahat Ibrahim osman of IDNO: 4885612 was substituted to Fatuma Mohamed Amin of IDNO: 9572795 (number 9 in the list). It was confirmed that a toilet was constructed for Mahat Ibrahim by one his close relatives. Attached in Appendix IX is a letter from the Assistant chief Lambib. 13 2.3 Project Activities as Source of Impacts The implementation of the proposed project is anticipated to consist of various activities such as; construction of an elevated steel water tank, earthworks and excavation of trenches for 2.5km distribution pipeline, laying of the pipeline, transportation of materials, construction of a fence, construction of livestock watering troughs and Water kiosks, operation of the project and decommissioning of the facilities. i. The project activities during construction will include: -  Excavation of ground along the trunk and feeder pipelines  Digging and installing ECOSAN toilets to 15No vulnerable Households  Laying connections of pipelines and refilling of the trenches. ii. The project activities during operation will include the following;  Maintenance of pipelines and attending to blockages and breakages along the pipelines,  Emptying of the ECOSAN toilets  Treatment performance monitoring through laboratory analysis 2.4 Materials for use The materials to be used shall include but not limited to; water, cement, sand, chlorine, building stones, hardcore, fencing post, HDPE pipes and fittings, wire mesh, concrete fencing posts, chain link, barbed wire, bracing posts, plastic tanks, enamel paint, emulsion paints, red oxides, steel casement door, steel casement windows, reinforcement bars, formworks and damp proof membrane among other materials.. 2.4.1 Anticipated Waste material and by-products The anticipated waste materials shall include waste water from test pumping, demolition debris, wood waste, electrical waste, soil cutting, waste metals, plumbing waste, plastics, organic wastes, waste oil and fuel among others. 2.5 Considerations of Project Alternative The assessment of project alternatives was limited based on hydro-geological survey as far as the location of the proposed project is concerned. The current engineering designed facilities only took into consideration the best industry practices and appropriate technology for implementation of distribution works. Therefore, the ESIA study team just compared the option of either maintaining the status quo or choosing to construct water supply system for the community and ecosan toilets for sanitation services. 2.5.1 No Project Option The “No project” alternative represents the potential scenario if the proposed project works are not implemented in the project area. Under the alternative, there shall be no construction of 14 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. Livestock watering trough, 15 No. ecosan toilets and fencing around the borehole in order to influence local physical environment, biological, socio-economic, land use patterns and no investment in the community project borehole shall be made. This option is suitable from an environmental and social management perspective with no negative impacts but not good for social economic purpose within the project area. The opportunity cost incurred will imply that there will be no construction of water infrastructure and sanitation facilities to the community. The proposed project is therefore anticipated to address the challenge of unreliable water supply to the local community. The option will imply that the community will not receive the in-kind compensation for short-term water supply to Wajir town which may not be good for WAJWASCO in maintaining the relationship with the community. The option also implies that employment opportunities, health and hygiene of the local, reduction of diseases related to poor sanitation and provision of piped water to the locals shall not be achieved 2.5.2 Project Development Option The implementation of the proposed community water distribution works and the associated facilities by WAJWASCO is therefore anticipated to;  Employment opportunities,  Health and hygiene of the local,  Reduction of diseases related to poor sanitation and  Provision of piped water to the locals Implementation of this option though not the best considering the environmental and social economic costs that shall occur compared to the “No Project Option”, mitigation measu res have been proposed to ensure that any negative impacts are managed. This alternative would be ideal because of the ability to improve water supply to the project area to improve the living standards of the local people. 2.5.3 Alternative Technology Option The application of best technology is important in reducing the impacts of the project to the environment. The project design team therefore took cognizance of appropriate technology existing on the market in the proposed project facilities and activities of significance are the integration of renewable energy in the design of the project. The solar panels have been provided for the operation of the water supply system. The waste from ecosan toilets shall also be treated to an extent that it can be used to improve soil fertility in the area for crop production. 15 2.6 Cost of the Project The estimated cost of the proposed development is about KShs. 27.466 Million3. This cost includes construction materials, labour, environment and social management and professional support services. Table 2-2: Project Cost Table Rate Item Description Un Quantity Amount it (Kshs.) (Kshs.) 1. Preliminary and General Ite 1 1,500,000.00 1,500,000.00 Items m Construction of elevated 2. 1 4750000.00 4750000.00 steel tank 3. Distribution Lines to 5,043,489.00 Water Kiosks 4. Water Kiosk and ite 6 3,866,935.00 livestock Water Troughs m Ecological Sanitation 5,577,437.00 5. 15 (Ecosan) Toilets Environmental and 1,100,000.00 6. social management cost Sub Total 24,986,861.00 7. Add 7.5% 1,872,215.00 8. Contingencies Add 14% VAT 3,756,911.00 9. Total 27, 466, 986.00 3The estimate cost is according to the figures provided in the design report prepared by East African Engineering Consultants Ltd and Systel Engineering Limited 16 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Overview The chapter highlights significant policy, legal and institutional frame work, international best practice and project implementation and operational institutional framework. 3.2 Project Policy Framework The construction and operation of the proposed lambib host community water supply and sanitation project and the associated facilities (construct 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6No. Water kiosks, 3 No. Livestock watering trough, 15 No.Ecosan toilets and fencing around the borehole) shall span over several institutions from both the national and county government levels as well as the community. The project activities at different phases shall trigger management of various resources including; Borehole water extraction, environmental management, community land resources management and community water resources development. For the comprehensive, coordination and continuous planning, development, operation and management of the proposed project components, review of the existing policy, legal and institutional framework requirements was considered critical. The main policies and institutions that will be triggered at different phases of the proposed project were as highlighted in the subsections below. 3.2.1 Policy Framework The following Table 3-1 highlights the policies that shall be triggered during project implementation and operation of the proposed project. There will be need to ensure the proposed project activities are in tandem with the policies’ requirements. Table 3-1: Policy Framework NO. POLICY OBJECTIVES APPLICATION TO THE INSTRUMENT PROJECT 1. Vision 2030 A policy blue print to guide Kenya’s The proposed project shall enable development to a middle-income provision of water and sanitation country by the year 2030. It is based services for the local community on the 3 pillars of political, social and members in order to contribute economic advancement and it aims towards social economic development to transform the economy and for human wellbeing in Lambib. achieve sustainable growth. The vision recognizes the significance of water resources in sustaining the proposed economic growth of the Country. Water and sanitation 17 services provision have been identified as significant in sustaining long-term economic growth, poverty reduction, health and security. 2. Wajir County To achieve equitable and sustainable The CIDP recognizes that most parts Integrated use and management of resources for of the County are water deficient and Development socio-economic development of the acknowledges the significance of Plan 2018-2022 county, the plan acknowledges the improving water accessibility to the key roles played by partners in water residents of the county. The CIDP also resources development such as acknowledge the low use of sanitation National Development partners. The facilities by the residents of the plan indicates that the development county. The proposed development of and provision of water resources and water supply and sanitation facilities sanitation services will be done in an will come in hand to contribute environmentally conscious manner towards water provisions in the county by undertaking EIAs. for socio-economic development of the local community members as well as improved hygiene and health status. 3. Kenya National The policy recognizes the The current development process took Youth Policy significance of the role of youth in into consideration the objective of the 2019; social-economic and political policy. The youth so far have been Empowered development of the nation and actively involved in the processes of the project design, implementation Youth for therefore, the policy takes and shall be in operation phase too. Sustainable deliberate measures to promote The youth were involved in Development youth empowerment and community consultation process and participation to harness their making decisions on the project. Data potential for productive collection process also relied on local engagement at local, county and youth involvement and it is national level. anticipated that the contractor during project implementation will involve the local youth. WAJWASCO is also anticipated to involve the local youth in operation and maintenance works. 4. Water policy, To preserve, conserve and protect The proposed development of water Sessional Paper available water resources and supply and sanitation facilities under No. 1 of 1999 allocate it in a sustainable rational the community project shall be used and economic way. The policy for provision of water resources to enhances a systematic development local communities and improvement of water and sanitation facilities in all of hygiene and health local households sectors for promotion of the country’s socio-economic progress 18 and wellbeing. Note; the policy is under review to align to the requirements of the new constitution 5. National Gender To mainstream the needs and Women, girls, boys and men will play and concerns of men, women, boys and different roles in utilization and Development girls in all areas of development management of the water supply and Policy (2000) process in the country. sanitation project within the project area. Therefore, decision making process in regard to the project will continuously be engendered throughout the project life cycle. The project will come in hand to alleviate the role of girls and women in travelling long distances to fetch for water as well as livestock watering. The project sanitation component will also ensure the safety of women and girls who use open bush particularly night hours. 6. The National To provide comprehensive strategies The policy will guide the project Environment for government action regarding the compliance with integrating of Policy Sessional quality of the environment and environmental sustainability during paper No. 10 of development. implementation, operation and 2014 decommission stages of the project cycles which are the key subject of this report. And the assessment under this report is in line to ensuring environmental integrity by the proposed project component activities. 7. National Land To provide an overall framework The project shall ensure sustainable Policy, Sessional required to address the critical issues utilization of land, particularly Paper No. 3 of of land administration, land access, community land which shall be 2009. land use planning, restitution of permitted for the siting of the historical injustices, environmental proposed project facilities within the degradation, conflicts, unplanned project area. The Land in Wajir town proliferation of informal urban is considered as community land and settlements, outdated legal is yet to be registered and there is framework, institutional framework administrated through the community and information management consent. 19 3.2.2 Legal Framework Table 3-2 highlights the main legislations that will govern the activities of the proposed project during implementation and operation. The legislations also provide an institutional framework for the proposed project activities at implementation and operation phase. The legal framework provides general framework for coordination of project activities at all phases of the project . Table 3-2: Legal Framework No. LEGAL OBJECTIVES APPLICATION TO PROJECT INSTRUMENT 1. Constitution of To outlines principles of access to The proposed project design and Kenya, 2010 safe water, access to public land, implementation has integrated sustainable environmental and constitutional principles of natural resource utilization with environmental management, clear responsibilities between the Natural resource utilization and National and county governments. the right to access water by the The constitution provides clarity citizens of the project area. between the 2 levels of governance on water and sanitation services which are a function of the County Government, the National Government has a role to play in managing water resources and construction of national water works as stated in the fourth schedule of the constitution. 2. Water Act, 2016 The Act generally provides for the The Act is relevant to the proposed development and managing of water project and will provide the resources, development and institutional management from management of sanitation facilities, water resource development to managing use of water resources, water and sanitation services managing of water rights, provision to the consumer at development of facilities, managing household level. The service the quality of water and sanitation provider for Lambib service provision, water related (WAJWASCO) shall be required dispute resolution and financing of to work closely with the following water resources development institutions as stated in the Act activities. The Water Resources Authority (WRA) and the Water Services Regulatory Board (WASREB). Wajir county lies under the jurisdiction of the Northern Water Works Development Agency. 20 3. Public Participation The Act provides a general Participation is anticipated to Act 2016 framework for effective public promote transparency and consultations. It gives effect to the accountability in decision making, constitutional principles of promote community ownership of democracy and the participation of public decisions and promote the people. The Act, therefore, gives public participation and effect to the principles of public collaboration in project participation as provided for in the governance processes. The constitution. engagement of the stakeholders has been conducted under this project to ensure ownership as well as incorporation of their opinion in the decision making process. 4. The water (Services To govern water services provision The rule shall ensure structures Regulatory) Rules, by the service provider. The rules for water and sanitation service 2012 highlight the role of the service provision in the area under the provider in provision of the water proposed project. The rule will supply and waste water treatment also come in hand to ensure that facilities on the project. The Rules the disposal of human waste from on the other hand provides for the ecosan toilets does not affect quality services delivery to the water sources. consumers and also ensuring environmental management. 5. Land Act 2012, Land To ensure proper management and Land will be a major factor in the Registration Act administration of land in accordance implementation of the proposed 2012 and the with the principles of land policy as facilities and resolution of any National Land set out in the constitution. By emerging conflicts will require Commission Act ensuring access to land and land consultation of these Acts. Land 2012 utilization rights. within the project area was noted to be unregistered community land. And the local leadership was willing through the county government to ensure necessary measures are taken to facilitate land use permit for the project. The communities were consulted and through the selected community representatives land resolution and consent form for land use permit was signed for implementation of the proposed project components. 6. The Community The proposed water supply and The proposed water and Land Act 2016 sanitation facilities shall be sited on sanitation project facilities shall be 21 community land, which may trigger located on unregistered the Act. Matters dealing with land at community land, which is held in the project site shall be guided by trust by the county government on the principles and values set out in behalf of the communities. The this act. The Act in part VIII community members were stipulates the procedure to be consulted and due to the adopted in settling disputes and significance of the project to the conflicts involving community land local community members, in the event of such. community land resolution and consent forms for land use permit was signed by the community permitting the siting of the proposed project facilities. 7. Water rules, 2007 The rules govern the various The proposed community water stakeholders in provision of water supply shall be used for domestic and sanitation related services. The use and watering of livestock rules prohibit any activities that may within the project area. influence negatively the quality of water in a water course. The rules will ensure proper development, delivery of services and conservation of water resources. It shall also ensures that human waste management from the Ecosan toilets is managed in an environmentally sustainable way so as to curb any impact to the environment and in particular water resources. 8. County Government, The County Government Act The Act guided the consultation Act 2012 provides local governance process to reduce conflicts principles, guides the planning between project implementing and development process, and agency (WAJWASCO) and other departments offering support community participation in the services such as livestock, physical development process. planning, wildlife, social welfare and environment, forest and public health among others. The Act spell out the functions and roles of involved agencies at deferent level of governance. Through the Act the operation of the water supply and sanitation services shall be under WAJWASCO which is mandated for water and sanitation service 22 provision on behalf of the county. The act was also complied with by consulting the local community members before any development is implemented. 9. Environmental It sets the legal and institutional The project triggers the Act to Management and framework for the management assist in managing and Coordination Act, of environmental issues in the coordinating potential CAP 387 country. environmental issues likely to emanate from proposed project activities during implementation, operation, and decommissioning. The Act shall guide the relationship between WAJWASCO, Contractor and NEMA on matters regarding the environment management and public concern. It requires ESIA for projects to be undertaken and licensed by NEMA prior to implementation of works. As per the second schedule, works involving construction of water supply and sanitation facilities for purposes of utilizing groundwater and human waste management are considered medium-risk. 10. EMCA Waste Provide for management of An increase in waste Management different forms of waste streams generation is anticipated Regulations 2006 in the country, given that the during construction, operation, project activities during decommissioning and the implementation, operation, and regulation will come in hand to decommissioning will result in guide its proper management waste generation. and disposal. Some of the regulation requirements has been captured in the ESMP 11. EMCA Noise and The regulations prohibit loud, The proposed construction of Excessive Vibration unreasonable, unnecessary, or community water supply and Pollution Control unusual noise which annoys, sanitation are anticipated to Regulations, 2009 disturbs, injures, or endangers have impact on ambient noise the comfort, repose, health, or levels within the proposed safety of others and the project area due to movement 23 environment. Occupational noise of project vehicles. Therefore, and vibration need to be the regulations shall come in controlled during construction of hand to guide noise level water supply and sanitation management standards. Some facilities. The other sources of of the requirements of the noise shall be due to vehicle regulations have been movement that will be involved incorporated in the project in the construction of the ESMP distribution pipelines, Ecosan toilets and water kiosks together with livestock watering troughs particularly during the transportation of materials to the site. 12. EMCA Air quality The regulation prohibits The proposed sub-project is regulations of 2014 emissions of air pollutants anticipated to compromise air exceeding permissible levels from quality within the proposed controlled areas, stationery project area during sources, mobile sources, construction of main water occupational exposure, material pipes,water kiosks, elevated handling, demolition areas, and steel tank, ecosan toilets and waste incineration, open burning therefore, the regulation shall of hazardous waste, or from come in hand to guide on air cross-border. The regulation also quality management standards requires that all emissions be as captured in the ESMP. licensed. 13. EMCA Water Water quality regulations lay down The proposed project shall ensure Quality the standards on domestic water the quality of water supplied to the Regulations, 2006 supply and waste water community meets domestic water management. The regulations are quality standards and the meant for pollution control and management of human waste prevention, and provide for the from the ecosan toilets does not protection of water sources from lead to pollution. Comprehensive pollution. water quality analysis including heavy metal tests shall be conducted before the water is allowed to be used by either human or livestock. 14. The Physical and The Act provides for planning and The development of the Land Use Planning controlling physical development in community water supply and Act, 2019 the country in general. The Act read sanitation facilities has been together with the county synchronized with local 24 government Act 2012 will assist in development needs where the synchronizing the national, local and project components shall supply project physical planning, water to local school, mosque, for controlling for any possible conflicts. domestic use and livestock watering as well as provide sanitation services to the vulnerable households in the community. 15. Occupational The Acts aim to ensure the safety, The Act shall be applied for the Safety and Health health, and welfare of persons at safety of workers and the Act, 2007 work and non-workers as well as general public to be ensured cushion workers against loss of during project implementation income or livelihood due to (construction of water occupational accidents or distribution lines as well as the diseases. sanitation facilities), operation, and decommissioning phases. Some of the requirements of the Act has been incorporated in the ESMP 16. Public Health Act, The Act addresses matters of The Act shall be applied to 1986 (Cap 242 sanitation, hygiene, pollution and ensure that all sanitation Revised edition general environmental health and facilities, water supply 2012) safety which are directly related to structure, development of water pollution and contamination. storage and management of water human waste management meet public health requirements. 17. Malaria Prevention The act provides for prohibition of The proposed project area in Act (Cap 246) propagating the breeding of malaria general records cases of malaria vectors or spreading of malaria due which may increase with the to project related activities. introduction of the project. The design and operation activities of the project should not encourage breeding of malaria vectors through water stagnation areas due to leakages. 18. The National The Act seeks to promote gender That Act will guide particularly Gender and equality and prohibit any form of during the project's construction Equality discrimination against any; women, and Operation phase to ensure Commission Act men, persons with disabilities, the equal access to water and youth, children, the elderly, opportunities for all persons 2011 minorities, and marginalized including men, women, girls and 25 communities. boys. The Act has been complied with by providing sanitation facilities to households with (PLWDA) 19. Sexual Offences Act, This Act protects people and This law will govern the code of 2006 employees from any unwanted conduct of the Contractor’s staff sexual attention or advances by staff and provide repercussions of any members. This act ensures the safety wrongdoing. The sexual offense of women, children, and men from act, 2006 supports the Kenya any sexual offences, including rape, Employment Act of 2007 that a defilement, and indecent acts. worker should not be harassed sexually to receive preferential treatment at the workplace or detrimental treatment on present or future employment. By constructing sanitation facilities, the project shall enhance the protection of women and girls who use open bush particularly at night. 20. HIV and AIDS This is an Act of Parliament to Requirements of the Act will Prevention and provide measures for the ensure that the contractor Control Act, 2006 prevention, management, and makes provision for VCT control of HIV and AIDS, to services for employees and provide for the protection and locals where appropriate and promotion of public health, and promotes public awareness. for the appropriate treatment, This will go a long way in counseling, support, and care of ensuring stigmatization of HIV persons infected or at risk of HIV and AIDS is reduced as well as and AIDS infection, and for managed during the connected purposes. construction period. The project ESMP budget has provided for sensitization and awareness. 21. The Children Act, This Act protects the welfare of The Act shall be applied to 2001 children within the Country. The Act regulate any kind of engagement identifies Children as a person below or employment of underage to the the age of 18 years old and protects project activities on site. No them from exploitation. Of person without national identity particular importance to this project card or any other document is section 10, which protects the distinguishing adults and child from: underage shall be allowed to work on site.  Economic exploitation. 26 Any work that interferes with his/ her education or is harmful to the child’s health or physical, mental, spiritual, moral, or social development. 22. Work Injury Benefits This provides compensation to Requirements of the Act will be Act, (2007) employees for work-related injuries applied to ensure that income for and diseases contracted in the workers on the project is assured course of employment. even where they are not able to work for some reasons related to working conditions while still under contract. 23. Employment Act The main Objectives of the Act is to The Act shall be applied to protect 2007 improve the working condition of workers against; discriminations, employees and protecting their sexual harassment, forced labour, welfare as well as that of the protection of wages, employment employer relations, settlement of disputes and protection of rights and duties in employment. 24. The Wildlife The Act provides for protection, The Act will ensure wildlife Conservation and conservation and management of conservation and reduced Management Act, 2013 wildlife in Kenya to ensure human-wildlife conflicts in the utilization of wildlife resources project area particularly during on a sustainable basis. The project implementation and activities of any development operation when wildlife may be shall not in any way impact on watering at the livestock the habitat of wildlife whether watering troughs during under protected areas or in droughts. communities 25. The Environment This is an Act of Parliament In the event of any and Land Court formulated to give effect to environmental dispute between Act, 2011 Article 162(2) (b) of the NEMA and project contractor Constitution; to establish a or WAJWASCO which cannot superior court to hear and be resolved by the available determine disputes relating to alternative dispute resolution the environment and the use and mechanisms, the Act will be occupation of, and title to, land, triggered in resolving the and to make provision for its issues for any aggrieved party. jurisdiction functions and powers, and for connected 27 purposes. In this regard, those affected by various development ventures that are considered harmful to the environment have structures in place to seek justice, and in so doing, the environment will be safeguarded at all times. 3.2.3 World Bank Safeguards Operational Policy The proposed construction of water supply and sanitation facilities under Lambib host community project falls under the World Bank's support to the government through investment lending towards improving water supply and sanitation facilities with a focus on the coastal and Northern region, along with strengthening sector institutions to deliver improved services under WSDP project. The proposed construction of 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. livestock watering trough, 15 No. Ecosan toilets and fencing around the borehole will trigger the World Bank's Safeguards Policies applicable to the project which are mandatory. And all applicable Kenya regulations on construction, environmental, labor, water, air, occupational health and safety, and others which are required for the environmental and social due diligence, of the implementation of water supply, sanitation facilities and operation phase of the project. Table 3-3 captures the Bank’s safeguards policies triggered under WSDP and the proposed construction of water supply and sanitation facilities. The instruments herein are a requirement to inform better management of the environment alongside country environmental management laws (EMCA CAP 387). Table 3-3: Applicable World Bank Safeguards Policies for the Proposed Lambib host community water supply and sanitation project. CODE NAME OF THE OBJECTIVES APPLICATION TO POLICY PROJECT OP 4.01 Environmental To ensure that environmental The policy is triggered under Assessment and social considerations are WSDP project and development of integrated into WSDP and water supply and sanitation construction of the water supply facilities for Lambib host and sanitation facilities for community sub-project. The policy Lambib host community project informed ESIA preparation for the decision making process. The community project guiding on aim is to enhance positive enhancing positive impacts of the impacts and mitigate negative project and mitigating negative impacts of the project. ones. To promote environmentally The policy may be triggered under OP 4.04 Natural Habitat 28 sustainable development WSDP project but not for the through enhancing the Lambib host community project. conservation, maintenance and The proposed water supply and protection of natural habitats sanitation facilities is sited within and their associated ecosystem a natural environment with highly services and products for scattered vegetation without human wellbeing and ground cover and with the sustainable social development. opportunity of siting the facilities without cutting down any trees in the area. Neither will the construction activities associated with distribution line directly or indirectly affect natural habitats. OP 4.11 Physical Cultural To preserve and conserve Although the policy is triggered Resources artifacts or sites of cultural under WSDP as a project, for significance for human well Lambib host community project is being not. The proposed project sitting has no any known physical cultural resources of significance. However, care must be taken to ensure construction methods do not affect any site as there may be “chance finds” within the area since the improvement involves substantial civil works constructions. For this case a “chance find” procedure was developed and attached in annex X so as to be included into the contracts and utilised in case of accidental discovery of cultural objects during construction. OP 4.10 Indigenous Peoples To foster participatory design The policy is triggered under and implementation of project WSDP project and for lambib activities in a manner that community host community water respects the rights of indigenous project. The project area is people, their dignity and way of generally categorized as life. And to preserve cultural marginalized and vulnerable uniqueness so that they receive under the Kenyan constitution. culturally compatible social and The proposed project shall be economic development to implemented in culturally mitigate against any adverse appropriate manner to community impacts of development process. members. A free prior informed consultation was conducted as required. The project shall benefit 29 the local people by enhancing water supply to the local community. And will not in any way influence the way of living for the local community. OP 4.12 Involuntary To avoid or minimize undue The proposed community water Resettlement involuntary resettlement and project facilities will be developed where inevitable, assist on community land and the displaced persons to improve or community members through restore their livelihoods and their representatives have signed standard of living relative to land resolution and consent for pre-displacement levels or to land use permit to use the location prevailing levels prior to project of project facilities as indicated in implementation. annex I. World Bank The proposed sub-project under Relevant requirements of the Environment, WSDP triggers: environment, guidelines have been incorporated Health and safety health and safety issues, and into the ESMP. guidelines considerations of the general as well as water and sanitation EHS guidelines on the best course of action. World Bank policy The World Bank policy on In disclosing information on access to access to information sets out related to member information, 2010 the policy of the World Bank on countries/borrower in the case of public access to information in documents prepared or its possession. This Policy commissioned by a member supersedes the World Bank country/borrower the bank takes the approach that the Policy on Disclosure of country/borrower provides such Information, and took effect on documents to the Bank with the July 1, 2010. understanding that the Bank will The Policy is based on five make them available to the public. principles which include: Maximizing access to information, Setting out a clear list of exceptions, Safeguarding the deliberative process, Providing clear procedures for making information available and Recognizing requesters’ right to an appeals process. 30 3.3 Project Institutional Framework Table 3-5 highlights the key regulatory institutions that shall be involved in the management of the project activities during implementation and operation phases. Therefore, coordination and consultations shall be required at different levels depending on the activity at hand. Table 3-4: Regulatory Institutional Framework No. INSTITUTION RESPONSIBILITY Water Resource The Authority will develop principles, guidelines and procedures for the 1. Authority (WRA) allocation of water resources, use of water resources, manage the water resources, assess and re-assess water resources potential, receive and determine applications for abstraction permit for water use, monitor and enforce conditions attached to the permit for water use. The authority will also regulate and protect water resource quality in the proposed project area. Wajir County The County government Act 2012 sets the development agenda in the 2. Government Counties by indicating the functions of the devolved system. Water services provision is a devolved function and the development proponent (WAJWASCO) will be required to work with other departments of the county governments to realize the implementation of the proposed plan. Therefore, County Government will support the project proponent to ensure smooth implementation of the project through provision of various permits, way leave or land for the water supply facilities. Water Services Shall monitor compliance to standards at design, construction, operation and 3. Regulatory Board maintenance of the water and sanitation facilities of the proposed project. After project implementation, the board will determine and prescribe the standards for provision of water services as well as evaluate and recommend water tariffs for the proposed project where need be. Water Service The water utility company is the main water service provider in Wajir 4. Provider County. The project shall therefore be operated by WAJWASCO for service (WAJWASCO) provision or as shall be agreed with the community. WAJWASCO will be responsible for contracting the works, and overseeing the appointed contractor, including the overall implementation of the ESMP recommendations during both construction and operation phases. National The authority through the county office shall be in charge of overall 5. Environmental management and co-ordination of all matters relating to the environment Management impacts of the project in the proposed development area through the County Authority Director of the Environment. NEMA will review the ESIA report and issue license The County Commissioner’s office shall come in hand to resolve any 6. Ministry of emerging conflicts between water users in the event of such arising during Interior and project operation. The office shall also resolve strive among the locals and 31 Coordination of any visiting groups accessing water during drought periods. This is National anticipated during influx of communities from other areas seeking livestock Government watering during droughts The institution will resolve land adjudication issues including land 7. The National registration and management for the proposed project facilities whenever Land Commission need arises. Table 3-5 highlights the key project implementing and operation institutional framework that shall be involved in implementation and supervision of safeguards triggered by the project activities during the implementation and operation phases to ensure that they meet safeguards requirement. Therefore coordination and consultations shall be required at different levels depending on the activity at hand. Table 3-5: Project Implementation and Operation Institutional Framework No. INSTITUTION RESPONSIBILITY 1. County  The County government through WAJWASCO shall oversee construction and operation of the proposed water supply and Government of sanitation for the sake of community water provision services Wajir 2. Project  Shall manage the construction contract on behalf of the client WAJWASCO by supervising the contractor. Supervising  Oversee the implementation of safeguards management plans on consultant site and report on implementation progress  Ensure prompt reporting of any serious incidents on site to the relevant authorities and to the Bank and follow up on detailed investigations and remedial actions as applicable. The safeguards specialists shall be part of the project implementation 3. WSDP-NWWDA supervision and shall; Safeguards  Assist to ensure construction activities are carried out in line with Specialists national laws, World Bank safeguards operational policies and safeguards instruments (ESMP) prepared under the project.  Prepare training materials and carry out technical trainings on environmental and social safeguards requirements to the contractor.  Review Contractor ESMP and ensure all safeguards issues are accurately addressed as per project design and project ESMP provisions, and provide expert guidance/advice to the project implementing committee site meeting.  Ensure relevant environmental safeguards requirements are included in construction contract.  Conduct independent/impromptu supervision and/or inspections of construction site to verify the compliance levels with the relevant 32 safeguards instruments and Environmental, social, Health and Safety (ESHS).  Collect data on project environmental impact, compliance, Grievance Redress Mechanism functionality and utilization, and keep records of environmental supervision of the project activities on site.  Prepare safeguards monitoring report and input to project progress reports. 4. Project  In liaison with the project engineer to ensure acquisition of all statutory permits or licenses required for any activities at the Implementing construction site Contractor  Prepare and implement an incidence response plan, grievance redress mechanism, as well as maintain the accident/incidence records and GRM logs while on construction site.  Prepare a C-ESMP, ESHS plan and solid/Waste water management plan before commencement of construction in compliance with ESMP, National laws and World Bank safeguards operational policies. The contractor shall be required to implement and comply with the requirements of the approved documents.  Keep a daily diary of safeguards implementation and complies activities at the construction site. 5. Community  Responsible in ensuring that the projects are implemented as agreed upon. members  Reporting negative and positive issues brought about by the project to the relevant agencies.  Acting as watchdogs for the project and future generations. 3.4 Construction Supervision, Monitoring and Reporting Safeguards tools have been prepared to assist in implementing environmental management and sustainability requirements on the proposed Lambib host community water supply and sanitation project. Several institutions as captured on Table 3-5 will play differing roles as highlighted in the same table. The ESMP in this report and the C-ESMP to be prepared by the contractor shall serve to ensure that the contractor observes his obligations of implementing the requirements of the ESMoP and ESMP as per National law and World Bank requirements. Reporting on Lambib host community project implementation activities shall be done at several levels. The supervising consultant shall be in charge of the daily reporting on site, on behalf of the client (WAJWASCO) as captured in Table 3-5. The consultant shall in consultation with the contractor team prepare all the required reports including site meeting minutes and submit to the client. The progress reports prepared shall be on monthly and quarterly basis. The client (WAJWASCO) including the management, environment and social safeguards consultant shall review the reports and submit to the World Bank for information and comments. Project implementation team from the ministry of water and sanitation shall also conduct quarterly 33 monitoring visits to advice on the progress of the project. The World Bank team on the other hand shall be conducting semi-annual monitoring mission to advice on the implementation progress. The supervising consultants shall on a daily basis supervise the implementation of the CESMP, ESMP and ESMoP. The NWWDA Environmental safeguards consultant shall also conduct regular and impromptu monitoring to ensure that all the requirements of the World Bank and National laws are adhered to as captured in the ESMP and ESMoP. 3.5 Contract Management, Administration and Conflict Resolution The project supervising consultant overseeing the works shall be in charge of managing the project contract on behalf of the client (WAJWASCO). Before the commencement of the construction activities, there shall be clarification of supervision and monitoring procedures and responsibilities, once the project components are approved for implementation. The requisite instruments including a monitoring indicator checklist shall be prepared and aligned to site- specific C-ESMP that shall be prepared by the contractor. The supervising consultant in addition shall be responsible of resolving any emerging contractual conflicts between the client (WAJWASCO) and the contractor. The engineer shall advice the client on the necessary actions that shall be required. 34 4 ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS 4.1 Over View This chapter describes the existing environmental and social baseline conditions within the proposed water supply and sanitation for Lambib host community project to be implemented within Area of Interest (AOI). The conditions described include physical environment, biological environment and socio-economic setting within the AOI. 4.2 Project Location The proposed project is located in Lambib sub-location in Wajir County, Wajir East Sub-County and within Khorofharar ward as indicated in Figure 4-1. The proposed water kiosks, watering troughs, steel tank and the pipeline will be implemented on community land within public spaces while the escosan toilet allocated for the vulnerable household will be constructed within the compounds of the toilet beneficiaries. During a meeting (Baraza), the community members indicated that the project will serve communities even from outside the project area particularly neighboring manyattas and the ward in general, especially for domestic water and watering of livestock during droughts. Figure 4-1: Project Location Map with Community Water and Sanitation Facilities 35 4.3 Physical Environmental Baseline Conditions 4.3.1 Climate and Weather Parameters Satellite derived data for the proposed project area was used for the description of climate and weather patterns of the project area. Data from Climate Hazards Center Infrared Precipitation with Station data (CHIRPS) was used to estimate rainfalls within Lambib area using the coordinates of the proposed project site. The study team acquired weather and climatic satellite spatial data for temperature, wind speed, relative humidity and radiation from FAO CLIMWAT (November 2021) at Wajir weather station. 4.3.1.1 Rainfall Wajir County generally experiences semi-arid climatic conditions, satellite derived precipitation (Climate Hazards Center Infrared Precipitation with Station) for the past 40 years spanning between the years 1981-2019, the project area coordinate points were used to determine general monthly rainfall distribution and annual rainfall amount in the proposed project area. The project area usually experiences a bi-modal rainfall pattern with relatively high rainfalls under the long rains being experienced between Match and May compared to the short rains received between October and December as indicated on Figure 4-2. The figure also shows that July and August are the driest month while April seems to be the wettest month of the year, within the proposed project area. The average annual rainfall within the project area was about 316mm. Figure 4-2: Mean Monthly Rainfalls source (CHIRPS) accessed November 2021 36 4.3.1.2 Temperature Satellite derived temperature data for the same point and over the same period as indicated in the previous section (4.3.1.1) above was used to compute the air temperature within the project site. The temperature data analysis in the area as indicated in Figure 4-3 which shows that February is the warmest month with an average temperature of 30.2˚C while July with an average temperature of 26.3˚C was the coldest. However, the average annual temperature in the project area was noted to be 28.18˚C4. The welfare of the workers who will be implementing the project need to be considered by the contractor to reduce the impacts of high temperature by ensuring sufficient provision of drinking water to avoid cases of dehydration. Figure 4-3: Average monthly Temperatures source FAO CLIMWAT database (November 2021) at Wajir weather station. 4.3.1.3 Relative Humidity The average monthly relative humidity within the project Area of Interest (AOI) is about 61.58%. This is comparatively low if compared with most parts in the country. Seasonal mean monthly values fluctuate between 55% in February to 65% in April, October, November and December as shown on Figure 4-4. The highlight on relative humidity within the project area is significant given the high solar radiation within the proposed project area that shall lead to increased sweating among the workers on site. Relative humidity (RH) directly influences the amount of 4 The figure was noted to be consistent with UNHBITAT East Africa Climate data and guidelines for bioclimatic Architectural design, 2016 37 moisture that is evaporated from the skin of workers to the atmosphere. The proposed project area also experiences relatively high winds that shall increase the rate of moisture being carried from the skin. The low relative humidity will be a nuisance to the contractor’s team, hence the need to provide enough water to compensate for the loss through sweat. Figure 4-4: Relative Humidity source FAO CLIMWAT database (November 2021) at Wajir weather station. 4.3.1.4 Wind Speed The satellite data for wind speed indicated that average monthly wind velocity experienced in the project area is about 2.55m/s with the lowest wind speed of 1.30m/s being experienced in December while the highest is 3.8m/s occurring in August and September as indicated in Figure 4-5. Wind speeds influence the subsequent changes in the rate of heating, evaporation, transpiration and the microclimate within the working area. The wind speed in addition may cause soil erosion affecting air quality status on site for the workers and the general community health. The high wind speed within the proposed project area shall be carrying the particulate matter from site dispersing to long range areas. The proposed project implementation can capitalize on the months of low wind speeds. The wind speeds generate a force that will influence the elevation steel tank and it positioning. 38 Figure 4-5: Daily wind Speeds source FAO CLIMWAT database (November 2021) at Wajir weather station. 4.3.1.5 Radiation The proposed project area experiences an average monthly radiation of about 19.49 Rad (MJ/m2/day) with the maximum radiation of 22.4 Rad (MJ/m2/day) occurring in the month of February and a minimum of 17.9 Rad (MJ/m2/day) being experienced in the month of November as indicated in Figure 4-6. Solar radiation consists of different light frequencies that can pose a health hazard especially to workers exposed to the sun for long hours with the eyes and the skin bearing the greatest brunt. There will be need therefore for the project implementing agencies to take this into consideration during the construction period. However, the generally high radiation is significant for the solar system that shall power the borehole which will be the main source of water for the proposed water supply system. The average sunshine hours were noted to be 6.98 in Wajir County. The least number of hours are reported in November of 6 hours and the highest in January of 8.8. 39 Figure 4-6: Average Daily Radiation source FAO CLIMWAT database (November 2021) at Wajir weather station. 4.3.2 Waste Generation and Management The main source of litter observed within the project area during field survey was solid waste from household consumption and commercial activities. Though the County Government ought to provide waste management services, there was evidence of inadequacy. Haphazard littering and wind dispersal of waste in the environment within Wajir town were observed as shown on Plate 4-1 and in Lambib in Plate 4-2. The residents of Lambib area just like in Wajir town cope with the inadequate waste collection challenge through burning in compounds or along the road as was reported during community consultation and as highlighted in Plate 4-3. Haphazard waste disposal was also evident in the area as captured inPlate 4-4. The study findings were consistent with 2019 housing and population census data, showing that 22.2% of the population in Wajir East sub-county reported burning waste, 26.3% buried the waste. In spite of the requirement for the county government to collect waste, only 23% of the population received the services. An implication that over 77% of the population find other means of waste management which could be inadequate leading to environmental degradation. Waste management whether liquid, solid or in gaseous form is critical in maintaining environmental integrity of an area. Waste burning enhances pollutant dispersal to the environment and if not well handled, can be a cause of environmental degradation to the air, biological diversity, ground water sources and the soils. Although generation of waste is anticipated during the construction of the associated community water supply and sanitation facilities and operation, most of it is expected to be recycled as back filling with an exception of waste associated with leakage and spillage from the construction vehicle and the contractors 40 camp. But despite this and given the size of the proposed community water supply and sanitation facilities, it is not envisioned to be a menace in the project area Plate 4-1: Haphazardly disposed of waste Plate 4-2: Inadequate waste management in near WAJWASCO office. Wajir town Plate 4-4: Inadequate waste management at Plate 4-3: Burning of waste at lambib Lambib. 4.3.3 Excessive Noise and Vibrations Noise pollution possesses both auditory and non-auditory effects on the exposed population. Lambib centre is more of a rural setting than a market area. The area is characterized by low volumes of human activities. The main sources of noise noted were general conversation, public address system in mosques and from livestock. However as one moves away from the market centre the noise level reduces as the anthropogenic activities also reduces. There were no major 41 noise receptors other than the local residential areas, the mosques and school. However, it is anticipated that the movement of construction vehicles shall lead to increased noise levels within the proposed project area. Further, given the construction duration, the noise impact is anticipated to be temporal. 4.3.4 Air quality Air pollution at Lambib centre was noted to be mainly associated with pollutants generated from livestock movement, haphazard burning of waste at residential areas and particulates from moving vehicles or wind action on the unimproved roads passing at the centre and its environs. The area has no ground cover vegetation as highlighted in Error! Reference source not found. and the soils is bare prone to wind actions. The gaseous and particulates pollutants are anticipated to increase with the proposed project activities though insignificantly particularly from movement of construction vehicles. The degradation of air quality has a direct impact on both public health and climate change effect. Monitoring of air quality is a concern to Kenya and NEMA has prepared air quality regulations. Particular concern is about the anticipated increase in exhaust fumes from moving automobile and the associated dust generation during implementation period. However, given the low volume of the proposed works, with proper mitigation measures the pollution effect is not anticipated to be a challenge. Plate 4-5: Poor ground cover Plate 4-6: Unimproved road from Wajir town to Bor through Lambib 4.4 Biological Environmental Baseline Conditions 4.4.1 Flora and Fauna According to key informant interview, the proposed project area falls within semi arid region which is under Agro-ecological zone VI. Such areas are typically characterized by low annual rainfall of between 200-400mm as indicated in section 4.3.1.1. The typical predominant natural vegetations in such zones include short grasses with small leaved thorny trees and bushes. The most dominant vegetation observed within the general project area was Acacia reficiens as 42 indicated in Error! Reference source not found. and Comiphora Myrrh as shown in Error! Reference source not found.. The vegetation within the proposed project site remains largely undisturbed. The wildlife officer consulted indicated that the common animal species in the project area include Somali Giraffe, Dick-Dick, and Gerenuk with the Somali Giraffe being the endangered species. Plate 4-7: Acacia reficiens Plate 4-8: Comiphora myrrh 4.4.2 Invasive Species Management There were no invasive species observed in the area of interest. However, the general area is affected by Prosopis juliflora present in Wajir town. This could potentially be introduced to the project area if carried in infected machines or any materials sourced outside the project area and the project vehicles working in areas affected. Prosopis juliflora if introduced in the project area will spread rapidly inhibiting the growth of local plant species and it’s known of inhibiting ground cover type of plants. There is need therefore to ensure that equipment to be used for the construction and development of the community project are free of any alien plant materials and soils which may contain seeds of alien species. Project vehicles that move into areas infected by Prosopis juliflora present in Wajir town should be appropriately cleaned. Also, the sources of raw materials used for development of the community project should be from areas with no alien/ invasive species. Although the risks are low based on the observations made at the project site, there is need for continued vigilance by the drivers, those in charge of vehicles and equipment, in charge of material sourcing and the environmental advisor through monitoring of any signs. 4.4.3 Natural Habitats The habitat at the proposed community water supply and sanitation site was considered to be a natural habitat with slight modifications to the physical environment either by human settlement or social amenities development. The man land use was livestock grazing, 43 pastoralism as practiced utilizes the natural resources within their cycle of availability. The main wildlife reported in the area were Somali Giraffe, Dick-Dick, and Gerenuk with the Somali Giraffe being the endangered species. 4.4.4 Visual Impacts The project area was noted to be natural and with few anthropogenic objects. However, the proposed project facilities shall be constructed near settlement areas particularly the water kiosks and the Ecosan toilets, the settlement areas are already a modified environment. The introduction of the project facilities therefore is not anticipated to impact on the landscape scenery within the settlement areas. However, the elevated water distribution tank is expected to be an exception, due to the steel material of the elevated tank not being consistent with the background scenery. Despite this, it can be compensated by planting of vegetation consistent with the site around the storage area or use of hue consistent with the background 4.5 Socio-Economic Baseline Conditions 4.5.1 Administrative units The proposed community water supply and sanitation for Lambib community is located in Wajir County, Wajir East Sub-County and within Khorofharar ward. The proposed water and sanitation project shall be implemented on community land within public spaces. During Baraza meeting, the community members indicated that the project will serve communities even from outside the project area particularly neighboring manyattas and the ward in general, especially for domestic water and watering of livestock during droughts. 4.5.2 Demographic Characteristic of the Project site 4.5.2.1 Population Levels According to housing and population census of 2019, the population for Arbaqeranso location indicated that the male population is slightly higher at 53.63% than female population which was 46.37%5 consistent with Arbaqeranso sub-locations. The data at Lambib sub-location shows similar results though the percentages were almost same with male being 50.88% and female at 49.12%. The population and housing census further indicated that the location has a total of 865 households with an average household size of 6.2 persons per household which was noted to be consistent in the Lambib sub-location with 323 households and 6 persons per household. Household survey results indicated that most respondents were married 81.93% as indicated in Figure 4-7. The information is indicative of the nature of household headship. 5 Kenya Population and Housing Census 2019: Volume II: Population by County and Sub-County 44 Figure 4-7: Status of household head 4.5.2.2 Literacy levels Literacy levels within the general Wajir East Sub-County is relatively higher compared to the rest of the County with Habaswein having the highest literacy level than Wajir East sub-county. The national average was 82.8% based on the 2019 census, Wajir County was 21.34% and Wajir East Sub-county had at least 32.91% of the population having attained a form of formal education. It was noted that males in the sub-county had a slightly higher literacy levels than females at 58.12% and 41.88% respectively. About 64.7% of the population does not have any form of formal education in Wajir East Sub-County, with majority observed to be male at 51.12% compared to women at 48.88%. The majority of those with formal education have a form of primary education at 51.92%, secondary levels at 27.37%, 6.89% for tertiary, 3.59% university and 2.1% had other form of literacy either adult basic literacy or madras. There was high gender disparity among those who have attained university level of education with males consisting 78.93% compared to 20.99% who were women. The literacy level figures at national, Wajir County and Wajir East Sub-county were as shown on Table 4-16. Table 4-1: Literacy Level Attained in Wajir East Sub-County Level of Male Female 6The data shown on the table was extracted from 2019 Kenya population and housing census Volume IV specifically table 2.4 45 Literacy National 82.8% 50.06% 49.96% Wajir County 21.34% 58.12% 41.87% Wajir East Sub-County 32.91% 58.12 % 41.88% Pre-Primary level attained in Wajir East Sub-county 8.16% 51.86% 48.14% Primary level attained in Wajir East Sub-county 51.92% 54.41% 45.59% Secondary level attained in Wajir East Sub-county 27.37% 62.21% 37.79% Tertiary College level attained in Wajir East Sub- 6.89% 66.89% 33.11% county Universe College level attained in Wajir East Sub- 3.59% 78.93% 20.99% county Other form of literacy level attained in Wajir East Sub- 2.1% 53.5% 46.5% county However household survey findings as indicated in Figure 4-8 shows that literacy levels within the project area was about 3.61%, with majority of respondents reporting attaining primary level education at 2.41% of those interviewed. There is an observed inconsistency between the census data for the wider Wajir East and household survey information which shows that the illiteracy levels are high as reported by 96.36% of those interviewed. The existence of such a relatively high illiteracy level among the residents of the project area implies that there is need for affirmative action and capacity building for meaningful participation in project activities. WAJWASCO will be required to engage selected community members on the job training to develop skills for participation in maintenance and operation of water facilities, which shall be implemented under the proposed project facilities. 46 Figure 4-8: Respondents Level of Education 4.5.3 Social Amenities and physical infrastructure 4.5.3.1 Project Area Accessibility There are limited options in modes of transport to access the proposed project area. Lambib centre is connected to other areas through road network. The main road is Wajir town-Bor road which is a murram road. The road passes through Lambib centre from Wajir to Lambib. 4.5.3.2 Communication Network Lambib centre and its immediate environs were generally noted to have adequate communication network relative to other areas particularly the rural as one move away from the centre. Development in communication network in an area has an influence on the level of awareness among the local population. Findings from observations and key informant interview showed that wireless communication is the main mode of communication in the proposed project area. The major mobile network coverage for three communication companies Safaricom, Airtel and telecom were reported to receive signals within the project area, but due to the strong Safaricom signal reception, it was reported to be the most popular among the locals. The 2019 population and housing census data indicate that about 33.2% of the population in Wajir East sub-county uses mobile phones, and it appears like women own phones equally like men at 33.2% by each sex. Access to communication services particularly to mobile phones is critical for communication and also money transfer during project operation. The findings further shows that 13.5% of the population within the sub-county use internet men accessing at 15.4% and women 11.3% but interesting is that only 5% of the population own a computer or a laptop. This indicates that of the 13.5% who use internet majority could be accessing the internet using the mobile devices which further shows the significance of communication through mobile phones. 4.5.3.3 Industries and Trade The type of industrial development in an area suggests the level of consumption, employment and pollution levels particularly from effluents. The proposed project area hardly has any 47 industrial activities except for the resin industry as was reported during community baraza discussions and key informant interviews as well as observations. The area is more of a rural area and the water to be supplied by the proposed community water supply system shall mainly be for domestic use and watering of livestock. Industry and trade development in an area is among the proxy indicators of the potential demand for water services as well as potential source of waste water. Availability of adequate and reliable water is critical to industrial development in an area. Waste water is currently not an issue within the proposed project area. 4.5.4 Land Use and Ownership 4.5.4.1 Land use Pattern Land in the project area was observed to be generally used for livestock grazing, public land hosting schools and mosques, settlement and for limited subsistence agricultural activities away from Lambib as was reported during community consultation. The manyattas in the area were noted to be clustered around the centre. According to key informant interview and community baraza feedback, Lambib had no people until the last 17-20 years when shallow wells were discovered around the area, the land in the project area is community land and those who own land at the centre were allocated by the clan elders based on the family and clan settlement patterns. Land use information is significant in providing a view of the main economic activities within the proposed project area and it also provides an indication of whether the proposed project activities are in tandem with the general land use. 4.5.4.2 Land Tenure Status Land is a factor in the implementation and operation of the proposed project and resolution of any emerging conflicts related to land will require consultations among various stakeholders. Land in Kenya is generally classified as public, private or community land. Key informant interview and the community baraza results revealed that land within the proposed project area is under unregistered community land held on behalf of the community by Wajir County. Although individual households seemed to own plots, the land is yet to be subdivided and allotted to individual community members. The apportioning of land to individuals is through the clan elders and the community members do not have any documentation. The right to access land is therefore managed and adjudicated through elders from different clans. The local people were reported to have the right to access land. The local leadership and elders ratified the construction of the proposed project facilities through signing of the land consent forms. The agreement documentation authorizing the location of the borehole and the associated facilities of constructing 1 No. 50m3 elevated steel tank, 2.5km distribution pipeline, 6No. Water kiosks, 3 No. livestock watering trough, 15 No. Ecosan toilets to vulnerable households and fencing around the boreholes, was as indicated in annex I. 4.5.4.3 Settlement Pattern The type of settlement pattern influences service delivery planning to the local communities and this will be significant in determining the viability of a proposed route distribution of watering 48 points. The settlement pattern within the proposed Lambib host community water supply areas was observed to be generally clustered/nuclear type as illustrated in Figure 4-9. Perhaps this has been influenced by mainly; accessibility, availability of shallow water wells in the area, existing land tenure system and availability of services among other factors. The proposed project has provisions for 6No. Water kiosks distributed within the project area between a distances of 300- 500m from one kiosk to the other. The nuclear type of settlement in most parts of the proposed project area will enable reaching a larger population and households, by a watering point (water kiosk) maximizing on efficiency and effectiveness during project implementation and operation. Figure 4-9: Google Image of Settlement Pattern of Lambib Settlement 4.5.5 Water Coverage 4.5.5.1 The Main Water Sources Community consultation feedback and field survey observations indicated that the main water sources within the project area are ground water shallow wells as illustrated in Plate 4-9 and Plate 4-10 and with few reporting rain water harvesting. The observations by the participants were consistent with 2019 housing and population census which indicates that ground water is the main source of water in Wajir East sub-county. The use of unprotected and protected shallow wells was the most dominant sources as reported by 74.7% of the population in the sub- county and rain water harvesting was reported at 0.2%. 49 Plate 4-9: One of the community shallow well Plate 4-10: Survey Team Member Drawing in Lambib with animal watering trough water from one of the community shallow well The 2019 census information was noted to be consistent with household survey findings which showed that the residents of Lambib rely on ground water sources with shallow wells being the main source as represented in Table 4-2. The area is yet to receive any improved water supply and the project is perceived as a timely opportunity by the local people. Table 4-2: The main sources of water Sources of Water for the Residents of Lambib Settlement Percentage (%) Shallow wells 76.83 Boreholes 23.17 4.5.5.2 Water Source Reliability The existing community water supply sources were reported not reliable at the time of the study as depict in Figure 4-2. The main concern has been the water table receding overtime due to the recurrent droughts experienced in the area, as a result of climate change effects. It emerged from the baraza discussions that initially locals used to access water by digging between 10-15 feet but currently the depth has increased to between 20-28 feet for one to access the water table. Some of the participants in the meeting reported the shallow wells having dried up. For those who reported ran harvesting. This indicates the urgency and need for the proposed project interventions to stabilized water supplies to the residents of the area. 50 Figure 4-10: Reliability of Water Supply Sources 4.5.5.3 Water Usage Water utilization pattern is a critical indication of the amount of water used in a household and income generating activities engaged in due to availability of water. Household survey results and key informant participants mentioned water usage in the project area as mainly being for domestic use; drinking, washing, cooking, bathing, kitchen gardening (with tree watering being the main mention) and watering livestock. The household survey sought to have an over view of the amount of water usage in households on a daily basis within the project area and the results were as indicated in Table 4-3. Watering of livestock seems to be the main consumption of water on a daily basis as illustrated in Table 4-3. The household water usage results and focused group discussions findings indicated that local people were willing to venture into water related income generating activities but were limited by water supply. Table 4-3: Water Usage in Amount Water Usage Amount in Litres Drinking 12 Washing 16 Cooking 10 Bathing 13 Kitchen gardening 20 Livestock Watering 90 Other uses 20 51 Total 161 4.5.6 Sanitation Coverage Provision of sanitation services for adequate treatment and disposal of human waste remains very vital in prevention of water borne diseases. Access to improved sanitation services in sub- Sahara Africa remains very low at 30%7. Yet this is a region where hygiene awareness and practices are equally poor. Access to improved sanitation services in Kenya also remains low at 31%8 and Wajir County at about 5%9. Poor sanitation services affect children the most and are linked to cases of diarrhea. According to the 2019 Kenya population and housing census, most residents of Wajir County use open bush as the main mode of human waste disposal at 57.1% followed by pit latrine at 18.7% which some were captured in the study area as indicated in Plate 4-11 and Plate 4-12. Plate 4-11: Pit latrine Toilet with twigs in Plate 4-12: Pit Latrine with iron sheets Lambib without roof 7 WHO/UNICEF Joint Monitoring Programme for water supply, sanitation and Hygiene (2019): Progress on Household drinking water, sanitation and hygiene/2000-2017 8 Kenya Population and Housing Census 2019: Volume IV: Population by County and Sub-County 9 2019 Kenya population and Housing Census Vol. IV: Distribution of population by Socio-Economic Characteristics 52 Community consultation findings revealed that most local people within lambib area use open defecation with few using unimproved pit latrine as represent in Figure 4-11. It was also reported that some of the area residents have septic tanks with area chief being cited as a case in point. Figure 4-11: Main mode of human waste disposal in Lambib The use of open bush as reported by household respondents poses a challenge of water sources contaminations and WAJWASCO under the Lambib host community project has proposed to construct Ecosan toilets for 15 No. vulnerable and marginalized households. The distribution of the toilets within the proposed project area and the benefiting household heads together with the number of beneficiaries is as indicated in Figure 4-12 below. 53 Figure 4-12: Beneficiaries and distribution of Ecosan Toilets in Lambib 54 4.5.6.1 Water Quality and Treatment Provision of safe and clean water to all Kenyans is a human right as noted in the water Act 2016. It is the responsibility of the government through the devolved governance to ensure access to clean and safe water by all households in the country. Therefore, the household survey sought to determine the perception of respondents on whether current water source is safe and the awareness on hygiene or treatment of water before drinking. The results revealed that 68.29% of the interviewees reported the current main water source as being good for consumption and 21.71% thought it was not safe as indicated in Figure 4-13 below. Figure 4-13: Perceived water quality from existing sources The study in further sought to determine how the households treat the perceived contaminated water and the survey results showed various reported water treatment methods. Boiling was the most preferred water treatment method by residents of Lambib as indicated in Table 4-4 below. Some of the respondents 34.94% reported of not treating their water before use. It is anticipated that supplying water by Lambib community water project in the area will address the risk of households using contaminated water as well as providing the rights to access to improved and safe water source. Table 4-4: Water treatment Methods No. Water Treatment Method Percentage (%) 1. Boiling 59.03 2. Chlorination 4.82 3. None 34.94 55 4. Others 1.20 4.5.6.2 Cases of Waterborne Diseases Cases of water related diseases in households are good indicators of hygiene awareness levels and the quality of water sources. Community baraza discussions indicated that cases of water borne diseases are reported in the area though rarely, an observation that was noted to be consistent with household survey findings as shown in Table 4-5. The survey sought to determine whether there were household members that might have experienced diarrhea cases in the last 2 months prior to the study. Lambib community dependence on shallow wells and the reported cases of open defecation could be a source of shallow well contamination just as is the case in Wajir town, though the case could be slightly different due to the direct contamination by the pit latrines in Wajir town compared to Lambib. It was evident in the meeting that local people usually seek treatment from Wajir town but do not have a health centre nearby. Table 4-5: Reported Cases of waterborne diseases Reported Incidents of Water borne diseases in households Percentage (%) Yes 81.25 N0 18.75 4.5.7 Vulnerable and Marginalized Persons Vulnerable and marginalize individuals are an important segment of the population and Kenya’s constitutions provide deliberate measures to improve the conditions of such groups in the society. The water Act 2016 also recognizes the access to safe and clean water as a human right. The proposed project also needs to take deliberate measures to improve the accessibility of these groups of individuals to services for a decent living standard. The key informant interviews revealed several vulnerable persons/individual among the population in the proposed project area including; the elderly, children, persons with disability, widows, very poor and orphans. The social welfare officer observed that out of an approximate population of 300 households, there are only 20 youth groups, 50 women groups, 1 group of PLWD, and 30 registered elderly persons receiving the social welfare fund within Lambib area. The officer noted that of the 50 women groups, only 6 groups engage in income generating activities dependent on water resources with their main activities being crop production specifically water melon. The officer noted that their greatest challenge was availability of water since shallow wells cannot sustain the expansion of their activities. There is also lack of cooperation from members within groups. Other groups are idle and only renew their registration status during campaigns to receive handouts from politicians. According to 2019 housing and population census, 0.4% of the population in Wajir East sub- county was reported to have a form of disability ranging from visual, hearing, communication, self care, cognition and mobility. However it was apparent from the baraza meeting that 56 vulnerable and marginalized formal groups or associations were not present within the proposed project area but rather integrated in other community interest groups. In spite of this, the project provides an opportunity for the living standards of such special groups to be improved. Access to water services being a human right under Kenyan constitution, WAJWASCO should make deliberate efforts to ensure the VMGs access water services. The proposed project has also made deliberate effort for the sanitation facilities by targeting vulnerable and marginalized households in the allocation of Ecosan toilets as well as Construction of some kiosk near the location of vulnerable households. 4.5.8 Cultural Heritage and Properties The proposed project area is predominantly inhabited by the Somali people who constitute of over 99% of the local population. Lambib sub-location within Arbaqeranso location is mainly occupied by the Degodia and Ogaden clans. The Somali people are culturally governed by council of elders who manages and resolves conflicts among community members as well as adjudicate access to natural resources and land. The local community is religious especially with over 98.97% being Muslims and less than 1.5% being of other faith within the general Wajir county. The local people are mainly pastoralists and business people with limited practice of crop farming activities partly contributed by the weather patterns and the soils. Given the low volume of works, the proposed project will not influence the cultural behavior of the local people neither anticipated to make any changes to their present traditions. Preliminary findings of this study could not establish any physical cultural artifacts of significance within the proposed project area. It is anticipated that with sustained provision of water services, there could be change of land use in some parts of the areas to provide for business premises. Since the project is not anticipated to affect any known physical cultural resource chance find procedures shall be applied in the event that such cultural sites are discovered during project implementation. in this regard chance find procedure was developed and attached in annex X of the report. 4.5.9 Demand and Support of the Project The viability and sustainability of a project is depended on the demand for the services and support by the local people. In light of this, the consultation process sought to determine the views of beneficiaries on construction of water supply and sanitation services within the proposed project area. First, the assessment team sought to understand whether community members were aware of the project in the first place. And the results of the findings were as highlighted in Figure 4-14. Household survey findings and the discussions during the baraza meetings implied that most of those present or interviewed were aware of the proposed implementation of the proposed Lambib community water and sanitation project. Being aware of the project and supporting the implementation of the project are all together different and the consultations sought to establish whether the project beneficiaries support the implementation of the proposed project and from the findings it seemed those who were aware of the project support it as was indicated by 97.59% of the respondents who were interviewed. The findings 57 further point out that most community members were receptive of the project and the project was anticipated to improve their livelihood and was ready to support the project implementation. Figure 4-14 ; Awareness of the project 4.5.10 Willingness to Pay for the Services The proposed project shall serve the local community and it is anticipated that the community members shall be called upon to contribute towards the operation and maintenance through paying for the water services. This shall be after the implementing agency (WAJWASCO) operationalizes the project components. With this understanding, the ESIA survey team sought to determine the readiness and willingness of the community to pay for the water services as a way of sustaining the project. And 59.03% of the survey respondents showed the willingness to pay for the services. The community showed enthusiasm to pay for the new services with household survey findings indicating that most respondents were willing to pay Kshs 500 with the mean being Kshs 561, however members present during baraza consultations requested to be provided a grace period of 90 days of using the water before charging for the services. The readiness to contribute is a pointer to how important the project is to the community and the possibility of project sustainability. The findings from community baraza meetings on the form of contribution towards project activities revealed that community members were not only willing to contribute financially but materially, security wise, conflict resolution, reporting of bursts and leakages, intellectually/advice wise and labour wise. On labour, the community expressed the fear of people coming from outside the community to work in the area or using machines where they can provide labour. It was apparent during the meeting that the livelihood of the local people in the area is dependent on pastoralism, casual labourers, formal 58 employment and few reported being on pension. This was an indication of the project beneficiaries being in a position to pay for the services after disposing of some of the livestock especially goats. 4.5.11 Community Anticipated Impacts of the Project Findings from household survey and baraza meeting showed that local people were expecting the project to have impacts including; Provision of employment opportunities, improvement of health and hygiene of the local, reduction of diseases related to poor sanitation and provision of piped water. The project in addition shall ensure that local people access reliable water sources free of contamination from the surface infiltrations. In spite of this, household findings and community baraza meetings indicates some fears among the project beneficiaries with drying of shallow wells due to project effects being the main concern, pumping machines breaking down, noise pollution and the failure to afford paying for the water services. 59 5 Public Participation and Consultations 5.1 Overview The chapter highlights the need for stakeholder participation and the consultative process adopted during the study and summary results of the process. 5.2 The Consultative Process Adopted The environmental survey team recognized the significance of the assignment findings to intended project users and in this regard, considered active involvement of all potential project stakeholders. To attain this objective, the consultant adopted a participatory approach in the identification of environmental and social impacts that are related to the project cycle. Several methods were used to engage stakeholders in the process of capturing their views, issues and concerns on the proposed project during data collection. The levels of project stakeholder engagement during data collection approaches and procedures were through household questionnaire data collection, key informant interview with selected leaders and through community Baraza meeting. 5.3 Key Informant Interviews This section highlights the summary of key observation made by purposively selected officers consulted during the study. The key informant consultations were conducted on 9th December 2021. The discussions were as indicated in Table 5-1 and the signed list of the key informants involved was as indicated in Annex III. Table 5-1: Summary of Key Informant Interview No. KEY INFORMANT SUMMARY OF REMARKS INTERVIEWED 1. Agriculture / Livestock The officer reported that the project area (Lambib) is viable for crop officer farming. The limiting factor to crop production is availability of water to sustain crop production. The main crops include animal fodder, sorghum, beans and vegetables. He said in spite of the water problems, there is farming on a small scale relying mainly on hand irrigation. While farming is both rain fed and irrigation, the main source of water for the small scale farming is shallow wells. The officer further observed that the main Livestock types include sheep, goats, camel, and cattle. Livestock is the main source of livelihood with goats forming up to 40%, sheep 10%, camel 48%, and cattle 2%. He reported endemic diseases such as Pestis de Petit Ruminanti (PPR) common in sheep and goats, Contagious Caprine Plural Pneumonia (CCPP) in goats, Lumpy Skin Disease (LSD) in cattle and Camel pox very common in Camel. The main watering 60 source is shallow wells. 2. Kenya Wildlife Officers The officer acknowledged that the project will impact wild life in a 5.6 km radius. He said wild animals will benefit from community livestock watering points especially during the night. If water is availed in Lambib, there will be less internal migration of animals from Lambib to Gayune in Wajir west common during the hot season. He also noted that the project will supplement the water ponds constructed near Khumbi wells, Lake Yahud, and Gagab wells where animals converge for water. Common animal species in the project area include Somali Giraffe, Dick-Dick, and Gerenuk with the Somali Giraffe being the endangered species. Asked whether there are wildlife migratory routes in the project area, the official responded that there are not major migratory routes in the area, however, he observed that During the dry season, some wells dry and animals tend to internally migrate from Lambib to Gayune in Wajir west in search of water and pasture. The common breeding and nesting grounds is near Lake Yahud, which is abit far from the project site. He was not sure the project could affect the breeding and nesting grounds or the lake. The officer also noted that there are no wildlife grazing or migration areas of significance within the proposed site and also no habitat areas that will be significantly impacted by the project. The vegetation types within the proposed project area/ecosystems that are significant to wildlife include acacia trees, and shrubs, and water points. There is a community conservancy around Lake Yahud, registration process is in the final stages. There is no human-animal conflict, the land is vast and settlement areas are just but a small portion. 3. Water Department The water department officer observed that the existing water and Officers sanitation services are inadequate and inefficient. The area has been less considered by the county government and in spite of water being a major challenge in the region, county water legislations are yet to be passed. He noted that in 10 years of devolution, it is only now that the bill has been proposed, first reading and public participation carried out. The proposed bill is now in the process of second reading. However, there is no bill passed yet by the county government. Ground water is erratic with a low probability of good yields. With traditional housing and way of life, there is no water harvesting, people rely on shallow wells for water. The officer also observed that the main water uses in Lambib other than livestock watering and domestic use include small-scale hand irrigation, the main crops being pawpaw, and water melon. The officer also noted that the shallow wells are open, with strong wind storms, all dirt is swept into the water, the community still 61 engages in open defecation which waste also finds its way into the wells either by wind or rain water. Due to poor solid waste management, plastic materials also tend to be blown into the wells drying them and also contaminating the water. Water resources development and management has not been given a top priority in Lambib, but this was not unique to Lambib as the officer noted that the larger Wajir county is in a water crisis. He said in 30-50 years, if nothing is done urgently to solve the water problems, the town and its environs should be abandoned. 4. The social welfare officer The officer indicated that formation of social welfare groups is not very common but with sensitization, the trend is changing. He noted that people live in tribal and clan groupings with men dominating over women. The islamic religion he emphasized encourages men to be more aggressive while women are encouraged to be more submissive with most of their activities confined within the home. This makes it difficult to meet certain standards for registration such as gender discrimination. He noted that the most common challenges that groups face is inadequate resources, illiteracy, and cultural and religious values. He noted that out of an approximate population of 300 households with an average 8 people per household, there are only 20 youth groups, 50 women groups, 1 group of PLWD, and 30 registered elderly persons receiving the social welfare fund. In addition, the officer observed that of the 50 women groups, only 6 groups engage in income generating activities dependent on water resources with their main activities being crop production specifically water melon. Their greatest challenge the officer noted was availability of water since shallow wells cannot sustain the expansion of their activities. There is also lack of cooperation from members within groups. Other groups are idle and only renew their registration status during campaigns to receive handouts from politicians. 5. Land and Physical The officer reported that there is no land use zonation of the planning officer proposed Lambib project site. Land is communally owned and settlement was mainly determined by availability of water and pasture. Lambib for example had no people until the last 17-20 years when shallow wells were discovered around the area. The officer also observed that the major use of land is Grazing. The land tenure system is communal. For government projects, the Community gives land and the county regularizes what the community has decided by giving some form of written documentation. There is no registration status, what the community endorses is what determines the distribution of land. Land has not been fully devolved 62 to the extent of according the county governments authority to determine land uses. What guides land issues in the counties are the national laws and policies. 6. Forest Officer According to the Officer, Lambib does not fall within the government natural forest designated zone. The common vegetation types include Acacia, Commiphora and bush land. The officer also reported that the main uses of the vegetation in the area include construction of traditional houses (the Somali hut), source of herbal medicine, range for livestock and habitat for wildlife. He affirmed that the main source of cooking energy for most of Wajir and other towns in the region is charcoal, thus the greatest human threats to the vegetation is charcoal burning. 7. Sub-County public The officer acknowledged prevalence of diarrhea and dysentery as Health officer the most common waterborne diseases within the sub-county with a mortality rate being less than 1%. Mal-nutrition in the larger Wajir is more prevalent during the drought season. The officer also acknowledged that access to health remains a major challenge for most of the residents in Lambib with the closest health facility being Wagberi dispensary around 8km from Lambib. Wagberi dispensary lies within Wajir township. The officer reported that sometimes, health institutions fail to respond to emergencies due to low funding and inadequate equipment. Residents are sometimes asked to fuel ambulances before they are attended and since most of them are poor, they receive less attention. The officer also observed that almost all health facilities in the county have no proper waste management frameworks. Waste disposal is mainly by dug pits. When they are full, the waste is buried and another pit is dug. The officer also reported that despite health being a devolved function in Kenya, The Wajir County Public Health, Environmental, Sanitation and Health policy is yet to be passed. He affirmed that the bill is now in its final stages of formation with the first and second reading already done. Public participation has also been carried out and the bill is on the line for the third reading. There is no nutrition bill. 8. County Environment The officer declined to give any comment on waste management and Natural Resources practices. He observed that waste management is a component that was given to Wajir town municipality. On the key environmental Officer issues of concern within the area, the officer acknowledged that charcoal burning which threatens the vegetation, land cover and affects grazing land was the main issue. This is not a problem for Lambib alone but a problem in the entire Wajir county. The officer reported that 95% of the charcoal used in Wajir town comes from the neighborhoods, Lambib being one of them. The officer also acknowledged that water pollution in Lambib is a 63 major challenge. Water contamination source is mainly human solid waste including spittle, defecates, and plastics which find their way in shallow wells either by wind or rain water. He reported that when it rains, such contaminants change water color and taste. Other than these challenges, the officer reported that there are no major environmental issues of concern for the project. Asked if the county government had passed any environmental bill, the officer responded that the Water bill is in its final stages, but other bills such as the waste management bill, Charcoal burning control bill, have also been drafted but he was not sure whether they have been passed. 9. Sub-County The officer reported there is no water connectivity in Lambib, water Administration Officer accessibility is also a problem. Shallow wells are open, sand and other materials such as plastic tend to fill the wells and they dry up. He further reported that residents walk long distances to access water, some of the wells are salty and thus not good for drinking On the impact of the proposed water project on the locals, the officer reported that if the borehole is drilled, fitted with a storage facility and connectivity is done, there will be no negative impacts. There will be clean and safe water accessibility; this will reduce the incidences of diarrhea among children. Animals will also give better yields, he said, residents can plant some crops and supplement their diet hence improving the nutrition situation. Water is a blessing; it cannot have negative impacts on our people. However, the officer noted that there are fears among residents that a borehole will dry up the wells in the area. He commented that the borehole project is a very important project; it will affect the water situation in a very positive way, and the community needs in-depth understanding something which WAJWASCO has not provided. He also noted the community needs yield confirmation to understand how much water they can use. 5.4 Lambib Community Consultations The community consultation was held in addition to Key informant interviews and household survey as a means of seeking the opinion of community members regarding the proposed project. The consultation meetings was organized by the area chief in consultation with the village elder in Lambib and was held on 18th March 2021, 27th January 2022, at the project site as indicated in Plate 5-1 and Plate 5-2. Further consultation on signing land resolution and consent for land usage permit forms was held on 3rd February 2022. In the consultation meetings, community members were invited to participate in the meeting as indicated in the attendance list in Annex II. The meetings consisted of men and women, all in the presence of the area chief and the elders. The EIA assessment team presented the objective and the scope of the project. The participants were taken through the environmental and social impact assessment 64 process. The aim was to get input and concerns that need to be considered in the ESIA project report, during implementation and operation of the project facilities. From the findings of the discussions in the meeting, it was apparent that the project was welcome and timely by the community members. The meeting discussions were guided by the social safeguards’ expert from WAJWASCO and some of the observations made by the participants were as captured and summarized in Annex II. Just but to mention few;  During the meeting, it was observed that land had already been allocated to the project and land resolution and consent forms for land use permit will be signed by the community selected representatives proposed by the community and confirmed by the DCC on a letter dated on 4th December 2020  The community members who were to benefit from the sanitation component of the project were to sign consent forms as guided by WAJWASCO social safeguards expert.  It had been agreed that the community project water supply system, was to be managed by WAJWASCO  The community members made a request of being given as a way of in-kind compensation, 90 days of free water after operationalization of Lambib host community project.  The community in general felt the project shall improve employment opportunities, health and hygiene of the local, reduction of diseases related to poor sanitation and provision of piped water to the locals Plate 5-1: Local youth Following the Plate 5-2: Community members following Community baraza meeting discussions proceedings during community baraza meeting. 65 Plate 5-3: Local Women following Proceedings 5.5 Summary of Issues Raised during baraza meeting and the response There were several issues that were raised by the community and the team gracing the community baraza discussions gave responses to the concerns of the community as captured in Table 5-2. Table 5-2: Summary of stakeholders Issues raised and the response KEY ISSUES RAISED RESPONSES Responsibility to operate and It was agreed that WAJWASCO shall be responsible of maintenance of the proposed operating and maintaining the proposed project project facilities including the borehole and the associated water distribution facilities. While the maintenance of the Ecosan toilets to be under the beneficiaries upon completion and handing over Payment for the water services It was agreed that WAJWASCO shall give the community as an in-kind compensation free water for 90 days (3 month) upon operationalization of the host community project, and there after implement pro- poor tariff Sighting of the project Wajwasco engineer, community representative and the component locations local leadership have participatorarly sighted the location of the all the project water components while the household beneficiaries of the ecosan toilets selected there best appropriate location within their compound for the construction of the sanitation facility. The fear by the community on The community were assured of competitive bidding the possible of non-locals given shall be adopted for fairness and the local supplier to the opportunity supply be given priority in supply of materials. 66 construction materials Pollution associated with the Constant maintenance of the machines to reduce the machinery used such as oil impacts. The use of machinery should be reduced spills, noise and emission of where possible and employ man power. smoke. There is likelihood of vegetation Ant tree affected to be replanted by the contractor. being cleared during the process of construction. Accidents were identified as an Use of PPEs was identified as an important way of issue of great concern during the protecting the workers against accidents. construction and operation Locals were asked to keep off the construction site in phases. Workers in the site were order to avoid accidents. identified as the most vulnerable Labeling of exits and fire assembly points. to accidents. Annual audits to address loopholes in safety strategies. Hoard the site to keep people off. Site should have signs such as falling objects. Contractor should have group covers for insurance. Dust pollution during Water to be sprinkled during the construction phase in construction phase order to minimize dust. Waste management issues may The contractor to provide waste pins and empty to arise due to inadequate waste appropriate designated area. collection facilities and this may Sensitize workers not to throw solid wastes lead to outbreak of diseases. haphazardly There was fear that once the Locals agreed that the administrators should ensure water and toilets are ready for that fairness is given special attention and ensure all use, some people may be residents have and equal opportunity to work and sidelined owing to several social access water and sanitation services once the process is issues such political inclination, done. social class, clan or religion hence unfairness during distribution and construction phase. Moral decadence may result as a Parents, local leaders eg chiefs and religious leaders result of labor coming from should take the lead role in teaching and sensitizing the outside and money circulating in community on the importance of morality and bringing the local economy. It may come the culprits to book. inform of infidelity in marriages Use of local labour to avoid influx of workers that can and school drop outs caused by spread immoral issues. teen pregnancies. This could also result from women and men engaging in extra-marital sexual activities thereby breaking family ties. Some locals expressed fears that The County government and WAJWASCO should there is likely to come with involve the locals before effecting any pricing strategy increased burden of water for the water. charges. Use of machines by the The contractor to use local work force and only use contractor to avoid local machine where necessary. labourers Priority to be given to locals in all employment 67 opportunities unless the requisite skills are not locally possessed by the local workers. Spread of disease like COVID 19, Contractor to strictly adhere to the COVID-19 protocol measure. HIV and AIDS and other Provision of condoms to the workers. communicable diseases Sensitization of the workers and the community against the risk of contracting diseases like HIV AIDS sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS. 68 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS 6.1 Overview This chapter highlights impacts of the proposed development; positive and negative impacts of the project as well as mitigation measures against deleterious effects of the project as captured in Table 6-1 at implementation, Table 6-2 operation and Table 6-3 at decommissioning. 6.2 Positive Impacts of the Proposed Project The implementation of the proposed project is anticipated to have overall positive impacts particularly on health and sanitation as well as economic status of the residents within the area of interest. Some of the positive impacts are;  Creation of temporal employment opportunities at the construction site. The local people during community consultations reported anticipating for creation of employment at the construction site from the opportunities presented by the project activities. It was observed by the community that local youth will be given priority for any opportunities either at the construction phase of the project or during the operation of the proposed water supply system. Though there are fears of either use of machines for excavations or migrant labourers.  Creation of markets for project construction materials: It was evident from the discussions with the community that there shall be creation of markets for project construction materials which should be sourced locally from those who can supply. The contractor shall therefore be required to float open tendering to the local community with an objective of identifying such suppliers.  Easy and faster Access to water: It was apparent during the study that local people sometimes face challenges of access water especially during droughts when the water table recedes. Potable water sources are limited in most parts of the study area. Implementation of the project will provide an opportunity to access to improved water supply hence reducing time and distance travelled to fetch the commodity particularly by women and the girl child.  Livestock production: Availability of water will improve livestock watering and productivity in the area hence contributing to improvement in both household income and nutritional security. The local people reported drought as one of those factors that affect livestock production but with availability of sustainable source of water, the impacts will be reduced.  Increased access to clean water and improved sanitation to the local population that shall impact on personal and food hygiene and decline in cases of water-borne diseases.  Increased revenue to WAJWASCO who will distribute water at a fee  Improved Water Reliability: The proposed connection to an additional water source will improve the reliability of the existing supply where locals reported drying of the shallow wells in the area. 69  Improved living conditions through elimination of water fetching chores for women and children who can then focus on income-generating activities and education respectively, in view of the time saved as a result of the water supply source being closer and more reliable.  The vulnerable groups in the community make tremendous physical and financial efforts to access potable water and improved sanitation services. They often resort to unsafe sources to obtain this valuable commodity therefore the project will come in hand to improve access to safe source. Hence access to adequate drinking water in terms of quality and quantity will improve resorting to the often unsafe sources.  Reduce child mortality: Access to clean water is also anticipated to reduce the mortality rate, particularly among children, and helping to increase life expectancy within the environs of the proposed project area.  Improved living standards for marginalized and vulnerable individuals in the community: The proposed ecosan toilets targets 15 vulnerable and marginalized households who are bound to benefit through improved sanitation services in the area.  Improved hygiene: Increased access to improved sanitation to the local population will impact on hygiene and decline in cases of water-borne diseases.  Reduced Impacts to water quality: The use of open bush and pit latrine for human waste management in the area has been associated with the contamination of water sources. The proposed construction of the ecosan toilets shall reduce the impacts of the existing human waste management practices on the water quality in the area since most of the faecal matter shall be treated before disposal.  Reuse of treated sludge and effluent: Treating of sludge provides an opportunity for reuse of the same but it is critical to note that due to cultural attitudes towards human waste by the local communities, such advantages may not be actualized in the medium term since it requires change in attitude and behavior. In the event of achieving this then there shall be reduced requirement for inorganic-fertilizer, if treated sludge is reused. 6.3 Negative environmental and Social Impacts of the proposed Project The proposed sub-project components to be implemented will involve constructing 1 No. 50m3 elevated steel tank, about 2.5km distribution pipeline, 6 No. Water kiosks, 3 No. livestock watering trough, 15 No. ecosan toilets and fencing around the borehole. The implementation and operation of the proposed project activities is anticipated to results to negative impacts highlighted below;  Public Safety: Public safety issue are anticipated to arise at construction sites (pipeline, water kiosks, elevated steel tank and watering troughs), movement of machines and equipment to and from site, movement of construction vehicles and possibility of the elevated steel tank falling/collapsing during operation due to high wind force in the area or for some other technical failure reasons. 70  Air quality: It is anticipated that exhaust fumes and dust emission will be generated during construction works of the proposed water supply and sanitation facilities.  Excessive Noise and Vibrations. Noise is anticipated to be from movement of construction vehicles on site.  Occupational Health and Safety (OHS): The workers will be exposed to accidents or injury risks from the project activities during construction, operation and decommissioning. Particular concern is at the deep trenching of proposed sites for laying of the pipelines and at operation phase of the project, working at height during installation and or inspection on the elevated tank etc.  Solid waste generation: The proposed project activities are anticipated to lead to increased generation of solid waste. The main source of waste shall be the contrac tor’s camp, construction waste and human waste generation from the ecosan toilets at operation phase of the project. It is anticipated that increase of economic activities within the project area due to availability of water shall also come with increased waste generation during project operation phase.  Spread of invasive species: The proposed project area was noted to be without any alien species such as Prosopis Julflora (mathenge). However, there is a risk if the construction machines and equipment will be contaminated. This can occur during sourcing of materials especially from areas that are infected as Wajir town was noted to be infected with Mathenge plant. Therefore, there is likelihood to spread during project implementation by construction equipment. Spread of invasive species is often associated with loss of indigenous species, injury to animal and local community members.  Water loss: There shall be water losses occasioned by leakage in the water transmission pipeline this will lead to increased abstraction, reduced supply and increase in cost of operation and maintenance. Water loss is mainly anticipated from burst of water transmission pipelines, vandalism and damages from movement of livestock in the area.  Non-affordability of Metered Water by Vulnerable Households and Individuals. Some of the vulnerable households will not afford metered water and this may lead to further exclusion from the service and deeper vulnerability to water-borne diseases. It may also push the burden of diseases like deadly diseases such as cholera.  Resistance to Sharing Water with other Clans. Due to scarcity of water during the drought seasons, clans that host water sources may say no to sharing water with other clans.  Spread of livestock pest and diseases: Spread of livestock pest and diseases. Due to convergence of several livestock at the same watering point, especially visiting livestock may lead to infections and spread of pest and diseases.  Increase in grievances among water resource users: It is anticipated that use and management of the water resources may lead to increase in grievances especially during dry periods when neighbouring communities or clans will be seeking refuge for watering of 71 livestock. Strife between community members and outsiders from neighbouring villages during droughts are the main concern.  Leakage and spillage of fuel, grease and oil: Leakage and spillage of fuel, grease and oil from the contractor’s construction machines and equipment is anticipated at the site during construction of the water supply and sanitation services.  Increase in waste water: As a rule of thumb, about 75 % of domestic water supplied is anticipated to be released in the environment as waste water and it is conventional that there should be a mechanism of collecting or managing the waste water. Similarly, the proposed project is anticipated to lead to increased waste water at operation phase of the project yet the area do not have waste water management system.  Soil erosion: Although the land topography within the project site is moreflat with sandy soils as well as the area experiencing low rains, the number of livestock especially goats is high. And has the ability to loosen the soil further. The wind action in the area is substantial and the soil is bare without vegetation cover. It is therefore anticipated that more loosening of soil particles by livestock movement at the water points shall be substantial.  Public nuisance from odour and contamination: inadequately treated faecal from the ecosan toilets can be a source of public nuisance due to the bad odour and contamination.  Game meat poaching and injury to wildlife: The project area was noted to have roaming wildlife which can be injured by the moving construction vehicles or poached for game meat by the workers during the implementation of the project activities on site.  Traffic nuisance to the local people and the Motorists: The proposed distribution pipeline from the water tank shall be laid along the road reserve and in the process of working may create nuisance or inconvenience to other users of the road and the local community especially during excavation at entry and exit points.  Spread of COVID-19 among the workers. The virus is highly infectious and there are high chances that it could spread at the work place in the event of an infection on the work site.  Spread of COVID-19 amongst community members during consultations. During the consultation processes the virus can spread among the local community due to infections resulting from the project related activities.  HIV/AIDS: If any local person engages with a worker sexually there could be a possibility of infection in the event of an infected party. Therefore, it will be advisable to take precautions because the impacts take long and it may be hard to link the HIV/AIDs infection to the course .  Gender Equity, Sexual Harassment and abuse amongst workers in the workplace: due to vulnerability of women, they could be taken advantage of in order to receive what is due to them or favors. This could occur due to differentiation in power or economic status.  Gender-based violence at community level: This may occur due to the cash flow within the community and among the locals creating differentiation in economic power. 72  Sexual exploitation and abuse (SEA): Under working environment, women may be taken advantage and offer sexual favours in order to receive or access that which is rightfully there’s.  Child Labour and Protection: Due to provision of cheap labour and differentiation in bargaining power, the underage workers may be employed leading to exploitation.  Effects of Immigrant workers: Due to long working relationship between the contractor and workers, there is possibility of the contractor coming to site with workers which may deny the locals employment opportunities even for skills which are locally available. 73 Table 6-1: Proposed Mitigation Measures for Negative Impacts during Project construction phase No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS 1. Occupational Health and Impact is low  Contractor to develop a site safety action plan detailing safety Safety (OHS). The impact is temporal and will equipment to be used, emergency procedures, restriction on site, be of local scale given the frequency, and personnel responsible for safety inspections and Occupational Health and volume of works, anticipated, controls. This should be ready and approved by the supervising Safety (OHS). Accidents may engineer before commencing of the proposed works occur on site causing injuries volume of contractor machines during implementation of the and vehicles on site  Train workers on safety and first aid skills before commencing project works affecting the works workers  Ensure safety of the construction workers by putting first aid area and injury reporting mechanism  Provide appropriate personal protective equipment (PPE) to workers and training on appropriate use. (Reflective jackets, helmets, face masks, ear plugs gloves, safety boots, etc.)  There should be adequate provision of the requisite sanitation facilities for human waste disposal  Recording of all injuries that occur on site in the incident register, corrective actions for their prevention are instigated as appropriate.  Major injury incidents on site to be reported to the bank within 24hours  The contractor is required to have WIBA insurance policy to compensate workers in the event of injuries.  Provide clean drinking water for the workers to mitigate against dehydration.  Have an understanding with a nearby health facility for emergency cases on-site before decisions are made.  Awareness creation and training of workers on safety and first aid skills.  Adherence to Covid-19 rules as provided by the ministry of health 74 and the bank with provision of easily accessible and adequate covid- 19 PPE all persons on site. The specific action to be captured in the contractor ESMP.  Training of workers on covid-19 rules and requirements. 2. Public Safety Impact is moderate  Ensure the safety of residents by providing safety signs at strategic Public safety issue are The impact is temporal and will places around the access roads. anticipated to arise at be of local scale given the  hording off working sites to protect the public or unauthorized construction site, movement volume of works, anticipated persons of machines and equipment contractor machines and  use of signs and warnings on sites with high risks especially at the to and from site, movement of vehicles on site. And with elevated tank sites construction vehicles and quality workmanship, there is  Reduce unnecessary speeding of construction vehicles to control for possibility of the elevated no reason for collapsing of the accidents from the movement of pedestrians or livestock in the area. steel tank falling/collapsing elevated steel tank.  Contractor shall comply to the provisions of EMCA 2015 (Air Quality during operation due to high Regulations 2014); wind force in the area or for  The Contractor will keep noise level within acceptable limits (60 some other technical reasons Decibels during the day and 35 Decibels during the night) and . construction activities shall, where possible, be confined to normal working hours in the residential areas  No discretionary use of noisy machinery within 50 m of residential areas and near institutions. Hospitals and other noise sensitive areas such as schools shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity.  As applicable, only qualified personnel shall be allowed to operate construction equipment and vehicles  Limit the length of open trenches to what can be backfilled within a day 3. Air quality Impact is low  Workers to use masks when working in dusty conditions. The impact is temporal and will  The community members to be discouraged from going to site to It is anticipated that exhaust be of local scale given the watch construction activities fumes and dust emission will volume of works, anticipated,  Reduced speeding on the dusty roads by the construction vehicles  Construction vehicles to have catalytic devices to ensure complete 75 be generated during contractor machines and burning of waste gases, construction works of the vehicles on site  use of clean petroleum that is low in sulphur, lead or other proposed community water pollutants, supply and sanitation  proper servicing of vehicles and Construction machines facilities.  Use all means possible including spraying of water to suppress dust if considered to be a menace at excavation sites. Contractor shall comply to the provisions of EMCA (Air Quality Regulations 2014);  4. Impact is Moderate  The community members to be discouraged from going to site to Excessive Noise and The impact is temporal and will watch construction activities Vibrations. be of local scale given the  Machines and equipment to be fitted with silencer/muffler devices Noise is anticipated to be volume of works, anticipated, where possible, generated by the movement number of contractor machines  Using equipment and machines with low noise emission. of construction vehicles on  switching off vehicles and machines when not in use, and vehicles on site. site  avoiding unnecessary hooting,  Workers to be provided with personal protection equipment earplugs.  machines to be serviced to reduce generation of noise and vibrations,  the noisy activities should be restricted during daytime  Ensure that NEMA noise and Vibration standards are observed in all project activities.  Training/sensitization/awareness on use of PPEs and personal safety measures. 5.  Reuse of all soil cuttings from the excavation works Solid waste generation Impact is low The volume of works are low  Proper disposal of waste from the contractors camp The main source of waste  Disposing off contaminated soils in cutting pit if volumes are low. shall be the contractors camp, and the team onsite is also  The contractor to develop site specific incident management or construction waste and soil anticipated to be small response plan in the evident of hazardous waste contamination (used cuttings/ soils from tyres, Oil and Fuel filters). excavation activities  Preparation of waste management plan to guide waste management and disposal activities. 76 6. Spread of invasive  Regular monitoring of the project site for the spread of alien plant Impact is Moderate species. growth and in the event of such observation, to take remedial action. Prosopis Jilflora was noted in Spread of invasive species,  Raw materials used for construction such as sand and rocks should the project area and can easily loss of indigenous species, be sourced in areas where there are no invasive species. be spread due to project related  Equipment required for the construction works should be clean and injury to animal and local activities. Once the project site free from any alien plants and mud which may contain seeds or tuber people is infested with the invasive of alien species. species, it will be hard to  Care should be taken while working along areas with invasive species control. to reduce spread.  Control of livestock movement into the project area from infested areas  Provision of Livestock watering points away from project site  Create awareness among the local community on management of the spread of the invasive species.  Employing relevant management practices e.g uprooting young plants or burning to control the spread of the plant. 7. Leakage and spillage  In the event of hazardous waste leakage or spills, engage authorized Impact is low Leakage and spillage of oil, waste handlers to dispose contaminated soils. The low volume of works grease and fuel from the  Disposing of contaminated soils in cutting pit if volumes are low. anticipated to attract a low contractor’s machines and  Use of NEMA licensed waste handlers to dispose in licensed disposal number of machines to be used areas. equipment is anticipated at on site the site during construction  Development of site specific incident management or response plan.  Taking all measures possible to reduce any spillage of the community water supply and sanitation facilities. 8. Spread of COVID-19. Minor The Contractors will develop standard operating procedures (SOPs) for During construction at Construction works are managing the spread of Covid-19 during project execution and submit work sites anticipated to take a short them for the approval of the Supervision Engineer and the Client, period due to the low volumes before mobilizing to site. The SOPs shall be in line with the World of works and the government Bank guidance on COVID-19, Ministry of Health Directives and site- has put in place measures to specific project conditions; vaccinate the population. 77 However, in the event of Mandatory provision and use of appropriate Personal Protective infection, the virus has a Equipment (PPE) shall be required for all project personnel including potential of spreading quickly workers and visitors; therefore the impacts are anticipated to be minor. Avoid concentrating more than 15 workers at one location. Where two or more persons are gathered, maintain social distancing of at least 2 meters; All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for Covid-19; Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc. 9. Spread of COVID-19 Minor Electronic means of consulting stakeholders and holding meetings, amongst community Construction works are shall be encouraged, whenever feasible. One-on-one engagements for members during anticipated to take a short the PAPs while observing social distance and adhering to PPE wearing consultation processes period due to the low volumes shall be enforced; of works and reduced community consultation with Avoid concentrating more than 15 community members at a venue. most having been done at Where two or more participants are gathered, maintain social project design stage. distancing of at least 2 meters (6 feet); The team carrying out engagements within the communities on one- 78 on-one basis will be provided with appropriate PPE for the number of people and stakeholders they intend to meet. Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 10. HIV/AIDS Low  Promote HIV/AIDS prevention messaging If any local person engages Construction works are  Install HIV testing services at the construction site with a worker sexually there anticipated to take a short  Support infected workers with ARVs could be a possibility of period due to low volumes of  Peer counseling services at the site infection in the event of an project works. Therefore the infected party. Therefore it impacts are anticipated to be will be advisable to take low precautions because the impacts take long and it may be hard to link the HIV/AIDs infection to the course. 79 11. GBV: Sexual exploitation Low  Develop and implement a SEA management action plan with an and abuse (SEA) Construction is anticipated to Accountability and Response Framework as part of the ESMP. The take short period due to the low SEA action plan will follow guidance on the World Bank’s Go od volumes of work. Therefore the Practice Note for Addressing Gender-based Violence in Investment impact is anticipated to be low Project Financing.  The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor-centred coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights;  Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle-blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison 80 officers. 12. Gender-based violence at Low  The contractor will implement provisions that ensure that gender- community level Construction is anticipated to based violence at the community level is not triggered by the take short period due to the low Project, including: volumes of work. Therefore the o Effective and on-going community engagement and impact is anticipated to be low consultation, particularly with women and girls; o Review of specific project components that are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc  The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. 13. Gender Equity, Sexual Low  The contractor should prepare and enforce a No Sexual Harassment and abuse Construction is anticipated to Harassment and Non-Discrimination Policy amongst workers in the take short period due to the low  The contractor should strive for an equitable distribution of workplace volumes of work. Therefore the employment opportunities between men and women. impact is anticipated to be low  Provision of gender disaggregated bathing, changing, sanitation facilities  Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action  The employees should be trained and sensitized on appropriate behaviour 14. Child Labour and Low  Ensure no children are employed on site in accordance with Protection Construction is anticipated to national labour laws. This can be done through incorporating take short period due to the low prohibitive provisions in the code of conduct and also having the The contractor may employ volumes of work. Therefore the recruitment policies that prohibits child labour. underage workers duet o their impact is anticipated to be low  Ensure that any child sexual relations offenses among contractors' 81 cheap labour offers workers are promptly reported to the police. 15. Effects of Immigrant Low  Contractor should use the local workforce as much as possible workers Construction is anticipated to (preference to local community members on skills locally take short period due to the low available). The workers from outside the volumes of work. Therefore,  Effective community engagement and strong grievance community could work in the the impact is anticipated to be mechanisms on matters related to labour area due to the long working low  All workers to sign an employment contract including a Code of relationship with the Conduct governing appropriate behaviour contractor  The workforce should be sensitized to local social and cultural practices and be educated on the expected behaviour and conduct  Contractor should prepare and enforce a No Sexual Harassment and Non-Discrimination Policy  Contractor should prepare and implement a gender action plan  The contractor as part of the C-ESMP will Prepare Management Plan (LMP) that included mandatory requirement to procure all unskilled (and as much as possible, semi-skilled) labour as well as locally available materials from the local community while ensuring equal pay for equal work for men, women and people with disability 16. Grievance Redress Low  Establish community grievance committees at the site The local community, Construction is anticipated to  Ensure contractor staff grievance structures exist contractor, client take short period due to the low (WAJWASCO) or any other volumes of work. Therefore, aggrieved party due to project the impact is anticipated to be activities need to be aware of low the structures of expressing their grievances 82 17. Impacts on roaming Low  Sensitization and awareness creation among workers on the illegality wildlife ; The project area Construction is anticipated to of the action and criminal charges. has free range wildlife which take short period due to the low  The movement of construction vehicles to be restricted to day time could be impacted by the volumes of work, the wildlife  Reporting of any incidents involving injury or game meat poaching to contractor workers are anticipated to come out for KWS feeding during the night when  Engaging local conservation groups to conduct monitoring during project implementation period the works are closed and most  Sensitization of the local community members to participate in of the works shall be within monitoring and reporting any illegal activities against wildlife settlement areas and wildlife  Construction drivers to observe speed limits on site to avoid rarely venture into settlement potential accidents involving wildlife areas during the day. Therefore  creating awareness among workers on wildlife in the area and their the impact is anticipated to be protection status low  Table 6-2: Mitigation Measures for Negative Impacts during Project Operation Phase No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS 1. Public Safety Impact is moderate  Proponent shall ensure quality assurance through design review Public safety issue are The impact is temporal and and construction supervision during implementation anticipated to arise if the will be of local scale and given  Locating of the steel tank away from any areas with busy human elevated steel tank fall/collapses quality workmanship, there is activities or dwelling place. during operation due to high no reason for collapsing of the  Fencing off the steel tank area within a safe radius and in the event elevated steel tank. of the tank falling to be within the fenced area. wind force in the area or for  Deterring any livestock or human activities under the elevated tank some other technical reasons . tower to avoid weakening the base  Regular monitoring and maintenance of ware and tare of the tank and the tower 2. Over Exploitation of the Impact is low  Adhere to the amount of water allocated in the water aquifer there is a possibility of authorization/water abstraction permit by WRA. 83 No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS cumulative over exploitation of  Monitor water levels the aquifer particularly during  Promote efficiency in water use implementation of the  Conduct regular water quality analysis borehole field for Wajir town bulk water project 3. Occupational health and Impact is low  Formulate SOPs for operation and maintenance activities that safety The impact is temporal and ensure safety of workers will be of local scale given the  Provide personal protective equipment to operation and volume of works during maintenance workers. operation and maintenance  Recording all injuries that occur on-site to workers while phase of the project doing their daily duties in the incident register, corrective actions for their prevention should be initiated as appropriate.  Creation of awareness and training of workers on site safety and first aid skills.  Hiring employees with proper qualifications for specialized and risky tasks during operation and maintenance of the project facilities.  Adherence to Covid-19 rules as provided by the ministry of health and the WHO while conducting daily duties.  Training of workers on covid-19 rules and requirements. 4. Increase in waste water Impact is low  Create awareness on reusing waste water for kitchen Waste water is anticipated to The impact is anticipated low gardening or tree planting be generated, since as a rule of given the population of the  WAJWASCO to consider construction of waste management thumb about 75% of water area, the water evaporation and treatment system in the long-term. supplied is discharged in the rate and the type of soils with environment as waste water. high infiltrations which may reduce the flow or stagnation of such waste water. 84 No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS 5. Water Loss Impact is Minor  Use of water meters in strategic sections of the system network to There shall be water losses Leakages in the system and audit loses in the system to reduce NRW. occasioned by leakage in the deliberate vandalism of the  Proper coordination and provision of pipe burst reporting water transmission pipeline or pipeline for livestock watering mechanism among the local community. due leakage from the elevated or from the elevated steel tank.  Adequate maintenance and prompt response to reported bursts or leakages. tank this will lead to increased  Use of quality piping materials and control of pressure in the abstraction, reduced supply and network. increase in cost of operation  Creation of awareness on water conservation among employees of and maintenance. Water loss is water service provider and the local community members. mainly anticipated from burst  Provision of gate valves at strategic points to reduce waste after of water transmission pipelines, bursts on sections of the line and reduce pressure in the system vandalism and damages from  Installation of automated leak detection by monitoring deviation in movement of livestock in the water pressures from the norm if possible. area  Sensitization and awareness creation among the community against vandalizing the pipeline for livestock watering  Deep trenching of the transmission pipes to avoid damages by moving livestock.  Regular monitoring for leakage and maintenance of the steel tanks.  Awareness for community members to use waste water for tree planting instead of treated water. 6. Resistance to sharing water Impact is minor  Community sensitization of sharing resources with other clans.  Negotiations involving clan elders and community leaders  Revenue sharing with communities hosting water sources through corporate social responsibility (CSR) activities. 7. Non-affordability of Metered Impact is minor  WAJWASCO will subsidize water bills to a minimum flat rates Water by Vulnerable Wajwasco and the community for vulnerable households. Households and Individuals. are cognizant of existence of vulnerable household and  Construct water kiosks in areas around clusters of houses Some of the vulnerable already allocated kiosk to  Construct water kiosks around schools so pupils can go home households will not afford with water rather than skip school to fetch water for domestic 85 No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS metered water and this may use. lead to further exclusion from the service and deeper vulnerability to water-borne diseases. 8. Spread of livestock pest Impact is minor  Frequently monitoring livestock pest and diseases particularly and diseases The impact is considered to be during droughts Spread of livestock pest and minor  vaccination of livestock during drought periods diseases. Due to convergence of  To quarantine livestock from infected areas from watering or several livestock at the same moving to project area watering point, especially  Frequent spraying or treating of livestock by the local community members visiting livestock may lead to infections 9. Increase grievances and  Consider agreeing on guidelines regulating the access to water Impact is minor Grievance Redress resources by the various interest groups. The Local community has a Grievances are anticipated to  The elders to work with the office of county commission to well-organized grievance increase between community resolve any perceived conflicts from other pastoralists accessing redress mechanism through water resources in the project area particularly livestock watering members and outsiders from elders. The impacts are points. neighbouring villages during considered to be minor since  WAJWASCO to develop and implement a grievance redress droughts. local people respect elders and structure during project operation. are bound by decision made by  WAJWASCO to sensitize relevant project stakeholders on the the elders. Grievance redress structure developed. 10. Impact is low  Planting of vegetation consistent with site area, around the tank Loss of aesthetic value The towering of the steel tank and other facilities inconsistent with the area. The introduction of elevated above objects in the area shall  Use of materials with a hue consistent with the background of the steel tank is anticipated to be an 86 No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS introduction of foreign objects impact on Aesthetic value of project site. inconsistent with the the area  Back filling all soil excavations and removing any obsolete objects surrounding which will lead to on site. loss of aesthetic value. 11. Soil erosion Impact is minor  Consider using human labour to excavate pipe laying trenches Movement of livestock at Although the land topography  Back filling and compacting the soils watering points during within the project site is more  Planting vegetation to reduce wind erosion. operation of the project shall flat with sandy soils as well as  Timing the implementation to avoid wet seasons. lead to loosening of soil the area experiencing low  Discouraging communities from grazing around the project area particles exposing soil to wind rains, the number of livestock and livestock watering point. action. especially goats is high. The  Paving of access routes and round the water troughs with stone as wind action in the area is part of the design for the troughs substantial and the soil is bare  At operation stage, the trough operators will regulate the number without vegetation cover. It is of livestock allowed to water at given time, this program will eliminate congestion at the water troughs by livestock. therefore anticipated that more loosening of soil particles by livestock movement at the water points shall be significant. Table 6-3: Mitigation Measures during decommissioning No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS 1. Occupational Impact is low  The decommissioning contractor to develop a site safety action plan 87 Health and The impact is detailing safety equipment to be used, emergency procedures, Safety (OHS). temporal and will be restriction on site, frequency, and personnel responsible for safety of local scale given inspections and controls. This should be ready and approved by the Occupational Health supervising engineer before commencing of the proposed works and the volume of works, Safety (OHS). anticipated, the  Train workers on safety and first aid skills before commencing the Accidents may occur number of persons on decommissioning works on site causing injuries site, most of the  Ensure safety of the decommissioning workers by putting first aid area during waste is anticipated and injury reporting mechanism decommissioning of to be inert, volume of  Provide appropriate personal protective equipment (PPE) to workers the project works contractor machines and training on appropriate use. (Reflective jackets, helmets, face affecting the workers masks, ear plugs gloves, safety boots, etc.) and vehicles on site  There should be adequate provision of the requisite sanitation facilities for human waste disposal  Recording of all injuries that occur on site in the incident register, corrective actions for their prevention are instigated as appropriate.  The contractor is required to have WIBA insurance policy to compensate workers in the event of injuries.  Provide clean drinking water for the workers to mitigate against dehydration.  Have an understanding with a nearby health facility for emergency cases on-site before decisions are made.  Adherence to Covid-19 rules as provided by the ministry of health and WHO with provision of easily accessible and adequate covid-19 PPE all persons on site. The specific action to be captured in the contractor ESMP.  Training of workers on covid-19 rules and requirements. 2. Public Safety Impact is low  Ensure the safety of residents by providing safety signs at strategic places Public safety issue are The impact is around the access roads. anticipated to arise temporal and will be  hording off working sites to protect the public or unauthorized persons during demolition of of local scale given  Reduce unnecessary speeding of contractor vehicles to control for structures, at the volume of works, accidents from the movement of pedestrians or livestock in the area. construction site, anticipated number  Controlling for air and noise pollution levels to protect the public. movement of of contractor 88 machines and machines and equipment to and vehicles on site. from site and movement of contractor vehicles ferrying waste. 3. Air quality Impact is low  Workers to use masks when working in dusty conditions while demolition It is anticipated that The impact is of structures. exhaust fumes and temporal and will be  The community members to be discouraged from going to site to watch dust emission will be of local scale given the decommissioning activities. generated during the volume of works,  Reduced speeding on the dusty roads by the decommissioning vehicles. structures’ demolition anticipated number  Decommissioning vehicles to have catalytic devices to ensure complete of structures burning of waste gases, activities.  use of clean petroleum that is low in sulphur, lead or other pollutants, anticipated for  proper servicing of vehicles and machines demolition,  Use all means possible including spraying of water on structures to contractor machines suppress dust if considered to be a menace at decommissioning sites. and vehicles on site 4. Excessive Noise Impact is low  The community members to be discouraged from going to site to watch and Vibrations. The impact is decommissioning activities Movement of temporal and will be  Machines and equipment to be fitted with silencer/muffler devices machines is of local scale given where possible, anticipated to generate the volume of works,  Using equipment and machines with low noise emission. noise impacting anticipated number  switching off vehicles and machines when not in use, mainly workers of contractor  avoiding unnecessary hooting, working at the machines and  Workers to be provided with personal protection equipment earplugs decommissioning site. and anti-vibrating gloves. vehicles on site. Noise shall also be  machines to be serviced to reduce generation of noise and vibrations, from movement of  the noisy activities should be restricted during daytime construction vehicles  Ensure that NEMA noise and Vibration standards are observed in on site activities.  Training/sensitization/awareness on use of PPEs and personal safety 89 measures. 5. Solid waste  Compacting any excavated areas while removing dilapidated pipes. Impact is low generation  Proper disposal of waste from the contractor’s camp The volume of works The main source of  Disposing off contaminated soils in cutting pit if volumes are low. waste shall be the are low and the  The contractor to develop site specific incident management or response demolition waste. number and size of plan in the evident of hazardous waste contamination (used tyres, Oil and the structures to be Fuel filters). decommissioned are  Preparation of waste management plan to guide waste management and low disposal activities. 6. Leakage and Impact is low  Development of site-specific incident management or response plan. spillage The low volume of  In the event of hazardous waste leakage or spills, engage authorized waste Leakage and spillage works anticipated to handlers to dispose contaminated soils. of oil, grease or fuel attract a low number  Disposing of contaminated soils in cutting pit if volumes are low. from the contractor’s of machines  Use of NEMA licensed waste handlers to dispose in licensed disposal machines and areas.  Taking all measures possible to reduce any spillage equipment is anticipated at the site during construction of the water and sanitation associated facilities. 7. Covid-19 Impact is low  The Contractors will develop standard operating procedures (SOPs) for Spread of COVID-19 The decommissioning managing the spread of Covid-19 during project execution and submit amongst workers at works are anticipated them for the approval of the Supervision Engineer and the Client, before construction sites to take a short period mobilizing to site. The SOPs shall be in line with the World Bank guidance due to the low on COVID-19, Ministry of Health Directives and site-specific project conditions; volumes of works and  Mandatory provision and use of appropriate Personal Protective the government has Equipment (PPE) shall be required for all project personnel including put in place measures workers and visitors; to vaccinate the  Avoid concentrating more than 15 workers at one location. Where two or population. more persons are gathered, maintain social distancing of at least 1.5 90 meters;  Install hand washing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc.; 91 7 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) 7.1 Over view This chapter captures the environmental and social management measures for the anticipated negative impacts. The ESMP capture the impacts, receptor, proposed mitigation measures, institution responsible for the mitigation, frequency and the budget as shown in Table 7-1 at construction and Table 7-2Error! Reference source not found. at operation Preparation of the plan was informed and guided by the mitigation measures that were anticipated in the Environmental and Social Management Framework 2017 for the WSDP project. 92 Table 7-1: Environmental and Social Management Plan (EMSP) at Constrution Phase NO ASPECT POTENTIAL RECEPT MITIGATION MEASURES RESPONSIBI FREQUEN BUDGET IMPACT OR LITY CY (KES) 1.  Contractor to develop a site safety action Occupatio Injury and Workers Contractor and Throughout 200,000 plan detailing safety equipment to be nal Accidents supervising implementa used, emergency procedures, restriction Health consultant tion period on site, frequency, and personnel and responsible for safety inspections and Safety controls. This should be ready and (OHS). approved by the supervising engineer before commencing the works  Train workers on safety before commencing works  Ensure safety of the construction workers by putting first aid area and injury reporting mechanism  Ensure compliance to Occupational Safety and Health Act Cap. 514 and its Subsidiary Legislations.  Provide appropriate personal protective equipment (PPE) to workers and training on appropriate use. (Reflective jackets, helmets, face masks, ear plugs gloves, safety boots, etc.)  There should be adequate provision of the requisite sanitation facilities for human waste disposal  Recording of all injuries that occur on site in the incident register, corrective actions for their prevention are instigated as appropriate.  The contractor should consider having WIBA insurance policy to cushion self and workers against loss of income in an 93 accident on site.  Provide clean drinking water for the workers to mitigate against dehydration 2. Public Injury and Communit  Ensure the safety of residents by providing The design Once at Part of Safety accidents y safety signs at strategic places around the team, design and constructi members access roads. Supervising installation on cost and  Hoarding off working sites to protect the engineer and public or unauthorized persons Livestock the contractor  use of signs and warnings on sites with high risks especially at the elevated tank  Reduce unnecessary speeding to control for accidents from the movement of pedestrians or livestock in the area.  The elevated water tank to be installed a safe distance from human activities or property.  The design and construction of the elevated steel tank to consider the changes in wind force in the area. 3. Air Air quality Communit  Workers to use masks when working in The contractor Throughout 100,000 quality degradation y and dusty conditions. and supervising implementa workers  The community members to be engineer tion period discouraged from going to site to watch construction activities  Reduced speeding on the dusty roads  Construction vehicles to have catalytic devices to ensure complete burning of waste gases,  Use of clean petroleum that is low in sulphur, lead or other pollutants,  proper servicing of vehicles and Construction machines  Use all means possible to suppress dust if considered to be a menace during excavations 94 4. Psychological Workers  The community members to be Project Throughout 50,000 Excessive nuisance and and discouraged from going to site to watch supervising implementa Noise and damage to communit construction activities engineer tion period Vibration s. hearing y  Machines and equipment to be fitted with silencer/muffler devices where members possible,  Using equipment and machines with low noise emission.  switching off vehicles and machines when not in use,  avoiding unnecessary hooting,  Workers to be provided with personal protection equipment earplugs.  machines to be serviced to reduce generation of noise and vibrations,  the noisy activities should be restricted during daytime  Ensure that NEMA noise and Vibration standards are observed in all project activities.  Training/sensitization/awareness on use of PPEs and personal safety measures. 5. Littering Water, air,  Reuse of all soil cuttings from the Contractor and Throughout Part of Solid environment soils, excavation works supervising implementa constructi waste generatio and Flora,  Proper disposal of waste from the Engineer tion period on cost n contamination Fauna and contractor’s camp Local  Disposing off contaminated soils in cutting communit pit if volumes are low. ies  The contractor to develop site specific incident management or response plan in the evident of hazardous waste contamination (used tyres, Oil and Fuel filters).  Preparation of waste management plan to guide waste management and disposal 95 activities. 6. Spread of Loss of Indigenou  Raw materials used for construction such Contractor and Throughout 100,000 invasive indigenous s plants, as sand and rocks should be sourced in supervising implementa species. species and local areas where there are no invasive species. engineer tion period people  Equipment required for the construction injury and works should be clean and free from any livestock alien plants and mud which may contain seeds or tuber of alien species.  Care should be taken while working along areas with invasive species to reduce spread.  Create awareness among the local community on management of the spread of the invasive species. Introduct  Planting of vegetation consistent with site Contractor, Once Part of 7. Loss of aesthetic Intrinsic ion of area, around the project site area. Project constructi value value of foreign  Use of materials with a hue consistent with Supervising on cost local the background of the project site. objects Engineer environme  Back filling all soil excavations and nt removing any obsolete objects on site. 8. Leakage Contamination Soil,  In the event of hazardous waste leakage or Contractor and Regularly as Part of and and pollution water, spills, engage authorized waste handlers to supervising required constructi spillage plants and dispose contaminated soils. engineer on cost of hydro- air  Disposing off contaminated soils in cutting pit if volumes are low. carbons  Use of NEMA licensed waste handlers to from dispose in licensed disposal areas. construct  Development of site specific incident ion management or response plan. Vehicles  Taking all measures possible to reduce any spillage 9. Soil Air quality Workers  Consider using human labour to excavate Supervising Regularly Part of erosions and pipe laying trenches engineer and constructi 96 degradation communit  Back filling and compacting the soils contractor on y  provision of alternative livestock watering members points  Planting vegetation to reduce wind erosion.  Timing the implementation to avoid wet seasons.  Discouraging communities from grazing around the project area and livestock watering point. 10. Covid-19 Infection or loss workers  The Contractors will develop standard Supervising Daily 200,000 Spread of of life operating procedures (SOPs) for managing Engineer and COVID- the spread of Covid-19 during project Contractor 19. execution and submit them for the approval of the Supervision Engineer and During the Client, before mobilizing to site. The construct SOPs shall be in line with the World Bank ion at guidance on COVID-19, Ministry of Health work Directives and site-specific project sites conditions;  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors;  Avoid concentrating more than 15 workers at one location. Where two or more persons are gathered, maintain social distancing of at least 2 meters;  Install hand washing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, 97 door knobs, hand rails etc.; 11. Spread of Infection or loss Communit  Electronic means of consulting Supervising Daily 200,000 COVID-19 of life y stakeholders and holding meetings shall be Engineer and amongst members encouraged, whenever feasible. One-on- Contractor communi one engagements with stakeholders while observing social distance and adhering to Communicatio ty PPE wearing shall be enforced; n/ Stakeholder members  Avoid concentrating more than 15 during engagement community members at a venue. Where consultati two or more participants are gathered, expert on maintain social distancing of at least 1.5 processes meters (5 feet);  The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people and stakeholders they intend to meet.  Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions.  Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration.  In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups.  Ensure online registration of participants, 98 distribution of consultation materials and share feedback electronically with participants. 12. HIV/AID Infections  Worker  Promote HIV/AIDS prevention messaging Contractor and Weekly 50,000 S s and  Install HIV testing services at the Supervising general construction site Engineer public  Support infected workers with ARVs  Peer counseling services at the site 13. Sexual Injury and Vulnerabl  Ensure clear human resources policy at Local leaders, Daily 100,000 Harassm Psychological e persons the site against sexual harassment that is contractor, ent (SH) in the aligned with national law supervising communit  Integrate provisions related to sexual engineer and harassment in the employee COC y. WAJWASCO  Ensure appointed human resources personnel to manage reports of sexual harassment according to policy  The Contractor shall require his employees, sub-contractors, sub- consultants, and any personnel thereof engaged in the works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse/GBV 14. Gender- Injury Vulnerabl  The contractor will implement provisions Local leaders, weekly 100,000 based e persons that ensure that gender-based violence at contractor, violence in the the community level is not triggered by supervising at communit the Project, including: engineer and communi y. WAJWASCO ty level o effective and on-going community GBV Expert engagement and sensitization, Local particularly with women and CBO/NGO girls; o Review of specific project 99 components that are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. 15. Sexual Injury Vulnerabl  Develop and implement an SEA action Contractor, weekly 50,000 exploitati e persons plan with an Accountability and WAJWASCO on and in the Response Framework as part of the and Project abuse. communit ESMP. The SEA action plan will follow supervising y. guidance on the World Bank’s Good engineer Practice Note for Addressing Gender- GBV Expert/ based Violence in Investment Project Local NGO/ Financing. CBO  The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including 100 CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor-centred coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA- related rights;  Management and Coordination: including integration of SEA in job descriptions, 101 employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. 16. Grievance conflict between all project  Establish community grievance Local leaders, Daily 100,000 Redress affected parties stakeholde committees at the site contractor, rs  Ensure contractor staff grievance supervising structures exist engineer and WAJWASCO 17. Impacts killing and Wildlife  Sensitization and awareness creation Local Regularly 100,000 on free injury among workers on the illegality of the community roaming action and criminal charges. members, wildlife  The movement of construction vehicles to conservation be restricted to day time groups,  Reporting of any incidents involving injury contractor and or game meat poaching to KWS  Engaging local conservation groups to project conduct monitoring during project supervising implementation period consultant  Sensitization of the local community members to participate in monitoring and reporting any illegal activities against wildlife The estimated total cost for the implementation of the construction phase ESMP and ESMoP is 1.35 Million. However, the actual cost shall be prepared by the contractor and captured in the C-ESMP. The project’s Bid Documents will incorporate the Environment, Social Health and Safety Provisions discussed under this ESMP. 102 Table 7-2: Environmental and Social Management Plan (ESMP) at Operation Phase NO ASPECT POTENTIA RECEP MITIGATION MEASURES RESPONSI FREQUEN BUDGE L IMPACT TOR BILITY CY T 1. Occupatio Accidents and Workers  Ensure compliance to Occupational Safety WAJWASCO Regularly Part of n health Injuries and Health Act Cap. 514 and its Subsidiary operation hazards Legislations standards. cost  Provide personal protective equipment to operation and maintenance workers.  Recording all injuries that occur on-site to workers while doing their daily duties in the incident register, corrective actions for their prevention should be initiated as appropriate.  Cordoning off working sites to protect the public or unauthorized persons during repair and maintenance of the different project utility systems on site  Creation of awareness and training of workers on site safety and first aid skills.  Hiring employees with proper qualifications for specialized and risky tasks during operation and maintenance of the various utility systems.  Adherence to Covid-19 rules as provided by the ministry of health and the WHO while conducting daily duties.  Training of workers on covid-19 rules and requirements. 103 2. Spread of Loss of Indigenou  Regular monitoring of the project site for WAJWASC Regularly Part of invasive s plants, the spread of alien plant growth and in the O and local operation indigenous species. local event of such observation. species and communitie cost people  Care should be taken while working along injury and areas with invasive species to reduce s livestock spread.  Control of livestock movement into the project area from infested areas  Provision of Livestock watering points away from project site  Create awareness among the local community on management of the spread of the invasive species.  Employing relevant management practices e.g uprooting young plants or burning to control the spread of the plant. 3. Water Over communi  Use of water meters in strategic sections of WAJWSCO Regularly as Part of Loss abstraction, ty the system network to audit loses in the and shall be operation reduced supply system to reduce NRW. members Community required cost and increase in  Proper coordination and provision of pipe , livestock burst reporting mechanism among the local Members/ cost of and community. Water users operation and aquifer  Adequate maintenance and prompt maintenance response to reported bursts or leakages.  Use of quality piping materials and control of pressure in the network.  Creation of awareness on water conservation among employees of water service provider and the local people.  Provision of valves at strategic points to reduce waste after bursts on sections of the line and reduce pressure in the system  Installation of automated leak detection by monitoring deviation in water pressures from the norm if possible. 104  Sensitization and awareness creation among the community against vandalizing the pipeline for livestock watering  Deep trenching of the transmission pipes to avoid damages by moving livestock. 4. Resistance Inter Local  Community sensitization of sharing WAJWASCO, At operation Part of in sharing community communi resources elders and and operation water with conflict  Negotiations involving clan elders and County particularly ty cost other community leaders Commissions during clans  Revenue sharing with communities hosting office droughts water sources through corporate social seasons responsibility (CSR) activities. 5. Non- Lack of water Local  WAJWASCO to subsidize water bills to a WAJWSCO At operation Part of affordabili and Increase in communi minimum flat rates for vulnerable and phase operation ty of vulnerability to households. Community cost ty Metered disease.  Construct water kiosks in areas around Members/Wa clusters of houses Water by ter users  Construct water kiosks around schools so Vulnerabl pupils can go home with water rather than e skip school to fetch water for domestic use. Household s and Individual s. 6. Spread of Loss of Livestock  Frequently monitoring livestock pest and County At operation Part of livestock livestock diseases particularly during droughts government and particularly operation pest and  vaccination of livestock during drought department of during droughts cost diseases periods livestock and when there is  To quarantine livestock from infected Community influx of areas from watering or moving to project members livestock area  Frequent spraying or treating of livestock by the local community members 105 7. Increase Strife Among Local  Implementation of GRM structures and WAJWASCO, Regularly Part of in local communit sensitization and awareness to be elders and operation Grievance communities. y and conducted among the local community County members phase s visiting Commissions  Consider agreeing on guidelines members office regulating the access to water resources by the various interest groups.  The elders to work with the office of county commission to resolve any perceived conflicts from other pastoralists accessing water resources in the project area particularly livestock watering points. 8. Increase Contamination Local  Create awareness on reusing waste water WAJWASC Regularly as Part of in waste and pollution people, for kitchen gardening or tree planting O and Local required Operatio water water  Do not allow any livestock to drink water Communitie n cost course during test pumping before the quality is ascertained. s and soils  Create awareness and sensitization among the locals on the possibility of risks posed by test pumping water to livestock.  WAJWASCO to consider construction of waste management and treatment system in the long-term. 106 8 ENVIRONMENTAL AND SOCIAL MONITORING PLAN (ESMoP) 8.1 Over View This chapter captures the environmental and social monitoring indicators for the anticipated negative impacts as highlighted in Table 8-1 . The preparation of the plan was informed and guided by the indicators that were anticipated in WSDP project Environmental and Social Management Framework 2017. The institution responsibilities for implementation and supervision are presented in Section3.4 of this report. The progress reports prepared, incorporating ESMP implementation status, shall be on monthly and quarterly basis. The client (WAJWASCO) including the project supervising engineer and social safeguards consultant shall review the reports and submit to the World Bank. In addition to regular reporting, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be promptly reported to the respective regulatory institution in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank in line with the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA CAP 387, and World Bank EHS guidelines. Investigation shall be conducted, and a corrective action plan developed for every reportable incident to prevent recurrence. 107 Table 8-1: Environmental And Social Monitoring Plan (EMoP) PARAMETER/ LOCATI MEANS OF MONITORING FREQUEN RESPONSIBLE ACTIVITY ON CY AGENCY IMPLEME SUPERV NTED BY ISED BY Occupational construct Visual inspection of first aid Daily Contractor project Health and ion site area, injury reporting supervisi Safety mechanism, WIBA insurance ng policy, appropriate use and engineer wearing of PPE, training programs for workers, health and safety plan prepared for site, clean drinking watering points, housekeeping on site and at the contractor’s camp. safety training certificates, gloves, earplugs, safety boots, reflector jackets, drinking water, nose mask, helmet, overall, sanitation facilities, anti-vibrating gloves COVID-19 Construct appointing covid-19 champion weekly Contractor project spread among ion and or marshal, regular fumigation supervisi workers at of shared area and shared ng operation tools, sanitizing and hand engineer phase washing area and facilities, isolation area, covid-19 PPE, visual inspection of social distance COVID-19 at appointing covid-19 champion regularly contractor , project spread among construct or marshal, regular fumigation based on Supervising supervisi community ion of shared area and shared the Engineer ng members tools, sanitizing and hand consultatio and engineer during washing area and facilities, n sessions WAJWASC consultations isolation area, covid-19 PPE, O visual inspection of social distance Public health Areas visual inspection of site for; weekly Contractor project surround safety signs at strategic places, supervisi 108 and safety ing the cordoned off working sites to ng construct protect the public or engineer ion site. unauthorized persons, usage of signs and warnings on sites with high risks, low speeding of construction vehicle and consideration of wind action. No of reported injuries and accidents and No. of grievances reported. Leakages and contracto Visual inspection of hazardous weekly Contractor project spills of r yard waste leakage or spills to soils supervisi greases, oil or and on site, records of cutting pits ng for disposed off contaminated fuel construct engineer soils, Developed site-specific ion site incident management or response plan. Noise and construct Use equipment with low noise weekly Contractor project vibrations ion site levels or fitted with mufflers. supervisi Visual inspection of site for use ng of PPE, use of sound proof engineer materials, notices to public on noisy construction activities, restricting noisy activities day time and regular measurement of noise levels through mobile phone gadgets. Physical inspection of vehicles Air quality Construct daily Contractor project records to ensure meets ion site emission requirements, Use of supervisi and masks while working in dusty ng along conditions, members of the engineer construct public on site watching, ion shielding wind impacts during vehicle construction, low speed of construction vehicle, catalytic moveme devices on vehicle and nt routes suppress dust Waste Construct Visual inspection of; sanitation Monthly Contractor project generation ion site facilities for human waste supervisi management, amount of waste ng correctly disposed, Visual engineer inspection of haphazard littering, practicing of waste 109 avoidance, reduction, reuse and recycle, designated waste transfer stations onsite, documented approved waste dumping site, presence and compliance to implementations of site-specific waste management plan. Grievances Guidelines regulating access to Annually Ministry of Deputy among project Operatio water resources by the various Interior and interest groups. Coordinatio County beneficiaries n site and meeting held by GRCs to n of commissi livestock resolve conflicts over water National oner watering access Governmen points t HIV/AIDS Construct HIV/AIDS prevention and Wee project Contractor prevalence ion site awareness campaign; as well as kly supervisi HIV/AIDS testing facilities and ng engineer clinic at the site GBV: Sexual Construct training of all workers at the Wee project Contractor exploitation ion site construction site and signing of kly supervisi and abuse code of conduct prohibiting ng engineer (SEA) GBV/SEA Child Labour construct All workers to produce national daily Project contractor, and Protection ion site identification card to show the Supervisi Supervising ng legal working age in Kenya engineer engineer which is 18 years. and WAJWASC O Labour and Construct Physical counts and inspection Weekly Contractor Project employment- ion site of records on; No. of locals Engineer/ related issues and employed on the project from WAJWAS contracto the employment records. CO rs office No. of Grievance recorded from employees and how they were addressed 110 9 GREIVANCE MECHANISM 9.1 Over view Construction activities are bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the construction works so that they do not have an adverse effect on the project. A grievance mechanism (GM) is presented below to ensure the project’s social and environmental safeguards are adhered to. The purpose of the GM is to record and address any complaints that may arise during the implementation phase of the project. The GRM is designed to address concerns and complaints promptly and transparently with no impacts (cost, discrimination) on project affected persons. The GM works within existing legal and cultural frameworks, providing an additional opportunity to resolve grievances at the local, project level. The key objectives of the grievance redress mechanism are:  Record, categorize and prioritize the grievances;  Settle the grievances via consultation with all stakeholders (and inform those stakeholders of the solutions)  Forward any unresolved cases to the relevant authority. This procedure will not replace the existing legal system for dealing with grievances, however the PAPs and interested parties will be persuaded to use the proposed mechanism, and make use of the legal redress as a last resort at their own cost. For ease of handling the Grievances Redress Mechanism, the RAP has been combined with the ESIA mechanisms. 9.2 Grievance log Documentation of complaints and grievances is important, including those that are communicated informally and orally. These should be logged, assessed, assigned to an individual for management, tracked and closed out when resolved. Records provide a way of understanding patterns and trends in complaints, disputes and grievances over time. The log will contain a record of the person responsible for an individual complaint, and record dates for the following events: i. Date the complaint was reported; ii. Date the grievance log was uploaded onto the project database; iii. Date information on proposed corrective action sent to complainant (if appropriate); iv. The date the complaint was resolved A sample grievance redress form is shown in Error! Reference source not found. of this report. Once parties agree on a path forward – such as an apology, compensation or an adjustment to operations – an action plan should be formalized and implemented. Depending on the issue, 111 responses may vary from a single task to a program of work that involves different parts of the operation. Effective responses will also include engagement with parties involved to ensure that the response continues to be appropriate and understood. 9.3 Organization structure for conflict resolution. It is recommended that the proposed GRM include members of the local administration, representatives of project affected persons from all locations affected by project activities as well as local and external professionals. The GM for the project has been divided into three levels. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves project committee as discussed below. 9.3.1 Level one: local committee A committee consisting of the following members or their representatives will be formed to address grievances at the local level: i. Chairman: Area Chief ii. Secretary: Assistant Chief iii. Member of the county assembly representative iv. Representative from the County Government of Wajir v. Members: Six PAP representatives consisting of two men (elders), two women(elders) and two youth (18-30 years) vi. Representative Supervision consultant team vii. Representative from contractor This committee will sit at the office of the Area Chief. The following procedure for registering grievances at this level is as follows: i. A PAP registers a grievance and within one working day, the committee members are alerted of the case ii. The affected person is immediately informed on the next date of the scheduled hearing. Depending on the case load, a maximum of seven working days will be given between the date that a case is recorded and the date when the hearing is held iii. The committee will meet once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held iv. The committee will communicate its judgement to the affected person within three working days after conclusion of hearings v. If no resolution is met or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within five days of the hearing vi. If the PAP is not satisfied with the judgement, he/ she will be allowed to move the case to the next level 112 9.3.2 Level two: county committee Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing solutions. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. A county level committee constituted of the following members has therefore been proposed i. Respected opinion leader in the community such as a religious leader or community elder ii. Deputy County Commissioner iii. Members: Three PAP representatives consisting of a man, a woman and a youth This committee will be chaired by the opinion leader but the proposed secretary is the representative from the PAPs. The committee will sit once a month at the County government office. The following procedure for committee deliberations has been proposed i. A grievance is forwarded from the local level committee and lodged at the County Government office. This includes cases forwarded from the local committee level; ii. Within five working days, a notice is sent out to all interested parties informing them of the date of the hearing; iii. Prior to the hearing, the chairman and the secretary will determine the need for an arbiter and invite them to the hearing; iv. A hearing will then be held within twenty days of the grievance being raised; v. In cases where an arbiter is required, the committee ruling is final. The complainant shall however be made aware of the fact early prior to commitment to the arbiter; vi. The ruling of the hearing shall be communicated within three working days. vii. Disputes that cannot be resolved at this level will be forwarded by the committee to the next level within five working days. 9.3.3 Level three: Project committee Some grievances may also occur that are outside of the direct control of the county committee and would require intervention at national or county level. These include disputes that require policy interpretation or investigations prior to conclusive resolution. In such cases, the committee may require legal interpretation on certain aspects. A project level committee constituted of the following members has therefore been proposed. i. Chairperson: Chief Executive, Lands Housing and Urban Development ii. Secretary: Deputy County Commissioner iii. A specially delegated representative from WAJWASCO and supervision consultant iv. Members: Three PAP representatives consisting of a man, a woman and a youth. This committee will sit once in three months at the County Government office. The following procedure is proposed for committee deliberations: 113 i. A grievance is lodged at the County Government office and within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing. This includes cases forwarded from the county committee level ii. A hearing will then be held within thirty days of the grievance being raised iii. In the event that the investigations and technical witnesses are required, a maximum of three calendar days will be taken prior to a hearing being held iv. The committee decision will be communicated in writing within five days of the date of hearing v. If the committee does not resolve an issue, the affected persons are free to go to the Environment and Land Court Considering the various levels of decision making required at this stage, it is proposed that the final decision from this committee be communicated within three months. A Samples of the grievance form and a sample of a Grievance Resolution Form are attached in appendix D and E respectively. The GRM process considers a special attention to GBV cases due to it sensitivity and urgency of support that are required. The GM will have a focal person at the site who will be working and document on cases of gender-based incidents in close relation with the established local committee. The committee will resolve any arising minor disputes on gender related issues that do not meet the threshold for criminal liability. However, where cases of GBV that amount to capital offences such as sexual violence against women and girls or serious assault with grievous body harm, the GBV focal person in support of local committee will link and refer the victim/survivor to Wajir gender and technical working group (WGTWG) to ensure offenders are apprehended and prosecuted in the local formal justice system and justice is delivered to the survivor. The Gender technical working group is a proactive multi-sectoral county stakeholder group which support cases of sexual and gender base violence reported county wide. It comprises of police, county department of gender, department of children services, and county department of health, civil society (ALDEF KENYA, Wajir women for peace and Kenya Red Cross) Wajir court users committee and local FMs. The technical working group has established gender recovery centre within Wajir County Referral Hospital and has a hotline number and gender-based violence desk. Progress reports are shared during every bi-monthly GTWG meetings supported by Wajir women for peace in partnership with UNDP Amkeni program and Wajir legal aid program ran by ALDEF KENYA and its implementing partners. WAJWASCO legal officer is also a member of GTWG and the Wajir court users committee who support Wajir Legal Aid program on matters of GBV. 114 10 CONCLUSION AND RECOMMENDATIONS 10.1 Conclusion Lambib was identified as one of the potential suitable sites for the development of a well field to supply water to Wajir town as part of short-term interventions to water scarcity in Wajir town. As part of response to needs of the local community members, it was proposed that a community water and sanitation project to be implemented for the local people from Lambib area with improved water supply and sanitation services. The local people currently access water from shallow wells which are affected by the recurrent droughts. The majority of community members on the other hand use open defecations for human waste disposal as was indicated in household survey findings that affects the shallow aquifers. Some of the shallow wells have dried up and the water table is sinking over time forcing the residents to dig deeper and deeper to access water resources. The locals are also faced by the challenge of shallow water table contamination by faecal coliforms necessitating the implementation of the proposed project. The construction of Ecosan toilets is anticipated to improve the treatment of faecal waste which can be used to improve soil fertility, if community members adopt the concept of using the waste for manure. Consultations feedback further showed that the local community are eagerly anticipating the implementation of the project. The proposed project area showed characteristics of natural habitat though with settlements. The environmental and social assessment findings indicated that the anticipated project impacts are of low significance. The activities of the proposed community project facilities, are not anticipated to significantly influence the physical and social environment. It was further noted that the anticipated impacts shall be of low magnitude due to the size of the project and with mitigation measures having been proposed in this report. The project will not trigger resettlement. The proposed water supply and sanitation components will be situated within community land which the locals have been engaged and a community resolution and consent for land usage obtained. The distribution pipe line will be along a public road reserve, the ecosan toilets sited in homesteads and water kiosks and livestock troughs will be located at public spaces. Any local community issues that may arise will be address through the implementation of a Grievance Mechanism (GM). This will have three levels, each populated with local administrative officials from the project area and professionals involved with the project. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves a project committee. 10.2 Recommendations The development of the proposed community water supply and sanitation facilities is anticipated to have negative impacts socially and to the physical environment. In spite of the anticipated environmental and social impacts, with proper mitigation measures, the project is 115 environmentally viable. The environmental assessment team proposes the implementation of the project with the following recommendations which need to be considered;  The project proponent WAJWASCO to ensure full implementation of ESMP and EMoP proposals during operation and decommissioning stages of the project as will be required. The contractor is expected observe the same during implementation phase. To ensure this, the project’s bid documents shall incorporate the Environment, Social Health and Safety Provisions discussed under the Construction Phase ESMP in this report. The works contract document shall also include provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (C-EMSP)  Sensitize the community on proper treatment of fecal matter and use of the ecosan toilets for maximum efficiency during operation.  WAJWASCO to ensure regular sensitization and awareness creation among the local community members on recycling the fecal waste as fertilizer amidst cultural perceptions.  The project implementing agency, contractor and the supervising engineer to ensures that ministry of health and World Bank covid-19 guidelines are implemented to the latter at the project site during construction period and that all the workers commit to observing the rules.  Deliberate (affirmative action) measures to be taken by the proposed project to consider connecting vulnerable and marginalized individual to water within the project area or ensuring provision of water kiosks is near dwelling of such groups and making the commodity affordable.  Grievance should be addressed through the follow up of the above existing stipulated structure.  WAJWASCO and the supervising engineer are responsible of ensuring the costing of the ESMP measures as described in this ESIA report, or any additional safeguards management instructions for the project are included in the Bill of Quantities, and that the contractor include in its offer of the project implementation budget to implement these measures. 116 11 REFERENCES 1. Kenyan New Constitution, 2010. 2. The Water Act 2016, Kenya gazette supplement No. 164 (Acts No. 43). 3. The Public participation Act 2016, Kenya gazette supplement No. 175 (senate bills No. 15) Government printer, Nairobi. 4. Kenya Population and Housing Census 2019: Volume 1: Population by County and Sub- County. 5. GoK (2017): Environmental and Social Management Framework for Water and Sanitation Development Program (WSDP). Ministry of Water and Irrigation State Department of Water, February 2017. 6. Wajir County Integrated Development Plan 2018-2022 7. The Physical and Land Use Planning Act, 2019, Kenya gazette supplement No. 129 (Acts No. 13). 8. Water Resources Management rules 2007 9. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act CAP 387. Government printer, Nairobi 10. Kenya gazette supplement Environmental Management and Coordination (Water Quality) Regulations, 2006. 11. Kenya gazette supplement Environmental Management and Coordination (Waste Management) Regulations, 2006. 12. Kenya gazette Legal Notice No. 101 Environmental Impact Assessment and Audit Regulations 2003. Government printers, Nairobi 13. Kenya gazette supplement Acts Occupation Health and Safety (2007) government printer, Nairobi. 14. UNISDR Guidance note on Recovery: Livelihood. https://www.unisdr.org/files/16771_16771guidancenoteonrecoveryliveliho.pdf 117 12 ANNEXES I. PROJECT LAND DOCUMENTATION  Both English and somali format of the community land resolution and consent form for land use permit. 118 COMMUNITY LAND RESOLUTION AND CONSENT FORM FOR LAND USAGE PERMIT No. ________ ITEM DESCRIPTION Project name Name of Investment Detailed specifications of investment Project Location: GPS coordinates and measurement of affected area (m2) Total area belonging to the community (km2). Please specify under the “Description” column whether it is equivalent to the “catchment area”. Description of impacts Specifically, impacts on assets:  Trees that will be destroyed  Fruit Trees  Trees used for other economic or household purposes  Mature forest trees  Others Any other assets that must be moved or will be lost in order to implement the project. If any, please indicate the cost and source of valuation. Eventual owner of the land after licence granted for temporary use No. of Motnhs of free water to be received 119 BACKGROUND Wajir Water and Sewerage Company (WAJWASCO) will be granted permission in form of a licence by the Community to use the project area defined in this Community Land resolution and Consent form for Land Usage Permit. For this reason, we agree to the following terms of agreement. TERMS OF LICENCE AGREEMENT This agreement is between _______________________________________Community (the “Community “), represented by the undersigned, and the Wajir Water and Sewerage Company (WAJWASCO) of P.O Box _____________________________. WHERE AS i. Community Consultations were held on ……………………….. to which all residents of the investment area (specify) ……………………………………………………………….. were involved (Annex of list of members consulted) ii. Community representatives were duly nominated, who shall represent the interests of the Community under this agreement and subsequent engagements in this regard. That the following issues under this agreement were discussed and the residents and regular users of this land are in unanimous agreement to grant to ____________________________________ a licence over (measurement of land) ___________________ . iii. Location of the investment detailed in the map (Annex 3) for purpose of that the land be utilised as the site of the proposed -----development of borehole and auxualary equiped----------------------------------------------- ---------------------------------------------------------------- iv. The Community understands that they will pay a fee to -------------------------WAJWASCO-------------------- ---------- to access water from the borehole investment, save for the three months’ grace period of free water granted by Wajir Water and sewerage Company (WAJWASCO) as consideration for the licence under this agreement. v. The community Land Resolution and Consent form for Land Usage Licence No. -------------------------------- and all annexes hereto form part of this agreement. The Community Represents: 1. We all are aware that the land set aside for the investment is community land and no one is claiming individual ownership, because it belongs to the Community, and no alternative claims will be made at a later date on the land. 120 2. We have all agreed unanimously that the project implementation should continue. 3. We all shall strive to peacefully resolve any conflicts with other communities concerning the investment. 4. We shall all strive to peacefully resolve any conflict arising out of the investment facility following due process provided by the laws of Kenya. 5. The land to be granted for temporary use was identified in consultation with all residents and users (if any) of the land. 6. We all understand the likely impacts of proposed investment on the licenced land. That include: ------------- ----------------------------------------------------------------------------------------------------------------- ---------------- --------------------------------------------------------------------------------------------------------------------------------- -----------. 7. We all agreed to this investment and land usage permit / licence without coercion, manipulation, or any form of pressure on the part of public or traditional authorities. 8. We have been informed that we are entitled to request monetary or non-monetary benefits as consideration for the licence, as per World Bank Operational Policy, but have agreed that granting this licence is not conditional upon receiving monetary considerations. 9. We understand that we will have to pay a fee to use water from the borehole, which fee can be adjusted from time to time. . 10. We confirm that granting a licence over the project-affected land will not adversely affect the livelihoods of occupiers and regular users of the land. 11. If any structure will be moved or any access to land be limited as a result of the sub-project, support will be promptly provided by WAJWASCO to the affected individual or family so their livelihoods are not adversely affected. 12. That the project affected land is free of any encumbrances or encroachment and its ownership is not contested. 13. We understand that any other costs associated to the licence (such as taxes, registration fees, measurement costs, documentation and notarial fees as relevant), will be covered by WAJWASCO. 14. We understand that granting this licence means that it will be a legally binding arrangement in which WAJWASCO will have full control of the licenced land for the period of the investment. Representation by WAJWASCO: a) We understand that the project-affected land is unregistered community land under the laws of Kenya. b) We understand that this is a licence for use of the project-affected parcel of land, and this licence does not confer proprietary interest over the land. . 121 c) We understand that as a consideration for this licence, WAJWASCO shall give us water free of charge for ninety days ( 90 days) from the date of the completion of the borehole. d) We confirm we will use the granted parcel of land only for the purpose of investment described in on the form and attached to this agreement. e) Confirm the above information to be true and that we have resolved to abide by ALL terms of this agreement. (Please attach minutes of the community meeting including the signed attendance sheet and photos of the meeting). In witness therefore, WAJWASCO DIRECTOR (Name and Signature) DIRECTOR / COMPANY SECRETARY (Name and Signature) WITNESS: (Lawyers Stamp and Signature) THE COMMUNITY Those signing below have been recognized as community representatives by all community members and verified by the County Commissioner in a letter dated ________________________________________________. S/No. Name Village/Location ID/No. Signature 1. 2. 122 3. 4. 5. Witnessed on this ………. Day of ………………….. in the Year…………………..: by: 1. Deputy County Commissioner Name ID/No. Signature & R/Stamp 2. Area Chief Name ID/No. Signature & R/Stamp 3. Ward Administrator Name ID/No. Signature & R/Stamp 4. Land Registrar/adjudication officer Name ID/No. Signature & R/Stamp 5. County Government (Physical Planning Department) Name ID/No. Signature & R/Stamp 123 6. County Ministry Relevant to the project e.g. Water/Livestock Production etc. Name ID/No. Designation Signature & R/Stamp 7. County Project Team Leader Name ID/No. Signature & R/Stamp 124 125 126 127 128 129 130 131 132 133 134 ENGLISH FORMAT OF THE ABOVE TRANSLATED LETTER. THE PRESIDENCY MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT Telegrams:” DISTICTER”: ……………………… OFFICE OF THE ASS. CHIEF Telephone: ………………………………………. ........................SUB- LOCATION When replying please quote PO BOX…………………… Ref. No: …………………………………………….. WAJIR COUNTY And date Date: ………………. RE: PROJECT LAND IN LAMBIB I Mohamed M. Harun, ID No. 27470854 Assistant chief Lambib sub-location has verified that no settlement will be lost from Lambib sub-location as a result of licensing the project area defined in the community land resolution and consent form for land use permit. The land permitted and granted for right to use will be used for; 1. Drilling of five boreholes 2. Construction of water reservoirs (steel tanks) 3. Construction of kiosks and troughs 4. Laying of main rising pipelines and distribution lines 5. Construction of pump house. 6. Construction of borehole fence. Each borehole will be fence separately. Further, the project will require 1.25(Ha) on permanent basis. It has been verified that all parties; Ogaden and Degodia with interest in the land are also benefiting from the projects` main water benefits in form of a dedicated borehole. The members of the Community have been duly informed that they have the right of refusal to grant land use rights to WAJWASCO and the term of licensing include free water for three month, toilets and implementation of pro-poor tariffs after the three month elapses. The members of the Community that have interest in the land being licensed are identified as (Clan ogaden and Degodia). Name: __________________________________________________________________ Signed: ________________________________ Date: ______________________ 135 NOTICE OF THE MEETING 136 137 II. MINUTES FOR COMMUNITY CONSULTATION AND THEIR RESPECTIVE ATTENDANCE LIST 138 IIA : MINUTES FOR SIGNING OF THE LAND RESOLUTION AND CONSENT FORM FOR THE LAMBIB HOST COMMUNITY PROJECT. Minute of a meeting held at wajir county guest house on 3rdfebruary 2022 at 10:30am. Present. s/no name IDNo Village/institution 1 Hassan file jimale 30644773 Lambib Community member 2 Mohamed Maalim 30674773 wajwasco omar 3 Mohamed M Harun 27470854 Assistant chief lambib 4 Mohamed abdille 009746 Lambib Community member 5 Ali issak aden 23081888 Lambib Community member 6 Mowlid h issak 27234954 Ward admin 7 Ahmed o abdille 0052796 TSM wajwasco 8 Alas issak hussein 0055910 Lambib Community member 9 Kasim abdi barow 26943109 Lambib Community member 10 Adan hujale maow 27828984 Lambib Community member 11 Daud adow 30301858 Lambib Community member 12 Diis Osman muhumed 13256441 Lambib Community member 13 Alas Hussein issak 0055910 Lambib Community member Min1:03/02/22: Introduction. The meeting kicked off at 10:20am with a word of prayer from chief mohamed harun and requested for self-introduction of the members. He requested the present parties to freely express their views. Abdi the social safeguard expert welcomed the members and informed the meeting that the objective of today’s meeting is to sign the land consent form for the Lambib host community project. He explained and reminded the members the content of the host cost community project under the WSDP program which includes: construction of 6Nr kiosk, 15Nr ecosan toilet, pipeline network to the kiosk of approximately 2.5k, 3Nr livestock watering kiosk and the construction of 1Nr steel tank of 50M3as well as the 1Nr borehole. He informed that the form for the land for the borehole was already signed earlier in 5th December 2020 with the other four boreholes intended to supply water to Wajir town. Mint2: 03/0/2022: Project preparedness status. 139 Managing director welcomed the members, briefly went through project component and informed the present members the project is still on course. He informed that the project is lagging behind because of safeguard issue which includes the land consent form that we are to finalise today. He requested members to fast-truck the form so that we bit the deadlines. He informed that as we have already shared the form with the community for the purpose of understanding, copies of the form is available and any person who have query about it can ask as we proceed in the meeting. .Mint3: 03/02/2022 Land and consent document. In the discussion Abdi the social safeguard expert read out each and every clauses and term of licensing in the consent form to the community and informed them that: 1. The cumulative land required by the project on permanent terms is 1.2Ha though all the facilities will not be constructed within same area. He informed that the kiosk will be distributed to the villages within Lambib area and the tank will be constructed within the town Centre. Further he informed that the pipeline will be aligned to the road reserve. He informed that the pipeline will not affect any household neither no settlement will be lost as the result of the project. 2. The licensing of the land doesn’t confer the proprietary right of the land to WAJWASCO but rather give them the right to use and right of way. 3. The land will be used for only the development of the water works mention above and the sanitation component will be constructed within the compound of the vulnerable households. 4. The land is unregistered community land and currently there is no any known claim of the ownership of the land. 5. The community own more than 30KM2 of land and the licensed parcels of land that is located in different areas of the land will not reduce the livelihood status of the community. 6. The land licensed is free from encroachment and it is ownership is not contested. 7. Any cost associated with the licensed land will be covered by WAJWASCO. Question and feedback Mohamed enquired whether the land earmarked for the tank will be fenced. Abdi informed the meeting that the tank is a press steel tank of 50M3 and as per the design the land will not be fence. He informed the borehole for the community project will be fenced. 140 Barrow thanked the members and informed the meeting that the project is really lagging behind. He informed that for the last 2year this project is on course and we are not realising the fruit of the project. He requested that the office to ensure the project not go beyond this financial year. Alas Hussein requested for the signed copies and informed the meeting that the community has not received the previously signed land consent forms. In reply Ahmed omar informed the meeting that the copies will be shared immediately after we signed the forms. He further informed the meeting that the previous copy was collected by Yunis Kathafey but still copies can be provided within today. Managing director –Ali bashane interjected and instructed several copies should be made and shared with the community selected members and the chief for reference. The safeguard expert enquired whether the Ecosan beneficiaries have signed the declaration form. In reply the assistant chief mohamedin formed the meeting that all beneficiaries have signed the forms and he has collected for submission to the project team. The chief submitted the forms in the meeting. Upon discussion the community unanimously agreed and resolved to sign the land consent form. Mint4: 03/02/2022 A.O.B There being no any other business to discuss the meeting was adjourned at 11:30am 141 142 Chief and community member signing land consent form 143 IIB: CONSULTATION MINUTES OF A MEETING HELD IN LAMBIB CHIEF OFFICE ON 18TH MARCH 2021 AT 3:00PM. Present members. S/NO NAME PHONE GENDER VILLAGE/INSTITUTION 1 Alas Hussein issak 0725964991 M Elder in lambib 2 Ahmed abdullahi M Elder in lambib 3 Abdi siyat abdullahi M Elder in lambib 4 Mohamed mohamud 0724966135 M Elder in lambib 5 Hassan file barow 0708274851 M Elder in lambib 6 Ali issak aden F Elder in lambib 7 Ahmed mohamed ali M Elder in lambib 8 Mohamed hassan M Elder in lambib 9 Bishara alasow 0759710453 F Women in lambib 10 Musa sumbul M Youth in lambib 11 Dubow mohamed abdille 0715602311 M Elder in lambib 12 Mohamed hassan issak M Elder in lambib 13 Musa ebey issak M Elder in lambib 14 Halima Abdille omar 0769666071 F women in lambib 15 Abdi farah ibrahim M Elder in lambib 16 Mohamedmude hassan 0723980516 M Elder in lambib 17 Adow sugow abdi 0758499578 M Elder in lambib 18 Maryan mohamed F women in lambib 19 Adan ahmed dugow M Elder in lambib 20 Rukia mohamed noor 0708393641 F women in lambib 21 Rukia issak aden F women in lambib 22 Ali issak aden M Elder in lambib 23 Mohamed mohamud 0724986135 M Elder in lambib 24 Hassan dakane abdi M Elder in lambib 25 Halima billow issak 0769661012 F women in lambib 26 Mahat Ibrahim osman 0759547603 M Elder in lambib 27 Hamaa abdi sumbul 0795511566 F women in lambib 28 Dakane mohamed 0794436449 M Elder in lambib 29 Robay guthow hassan 0729590702 F women in lambib 30 Adan diyat ahmed 0729008084 M Elder in lambib 31 Adana ahmed dugow 0758499578 F women in lambib 32 Said Osman mohamed No contanct M Elder in lambib 33 Mohamed hassan omar 0710474472 M Elder in lambib 144 MIN1: INTRODUCTION The meeting kicked off 3:00pm with a word of prayer from the area chief and there after requested for self- introduction of the present members. He briefly explained the project component and handed over to the social expert for further explanation on objective of the meeting. Min2: Project Description. The social safeguard gave a brief explanation of the WSDP project and informed the meeting that the borehole that was drilled by the county which was serving as both test drill borehole and a dedicated community borehole was not drilled to the specification required hence WAJWASCO intend to drill a new borehole within the same parcel of land that was consented and the community gave right to use to WAJWASCO on 5th December 2020. (However, it is worthy to note that community borehole that was assessed in separate ESIA and relevant water works and sanitation component assessed in this ESIA was discussed in this meeting.) Further he informed that the funding is a loan from World Bank to national treasury and a grant to county government. He informed that test drill borehole will be connected to a tank of 50M3 that will be constructed within Lambib and subsequently distribute water to a 6Nr kiosk, 3Nr livestock watering trough and water connection to the school with a total reticulation network of 2.5km as it was identified by the WAJWASCO engineer by the name Moulid Abdullahi Jehow and the representative of the community including the area chief. Further the expert informed the meeting that in our previous discussions minute dated 27th July 2019, the community requested for number toilet for the vulnerable household within Lambib community, hence in our today’s meeting we a need to populate this beneficiaries and consult them on areas where they intend to construct the toilets within their compound. He informed that the in wisdom of the PCU resolution the Lambib host community was allocated to 15 number Ecosan toilets. Further he informed that the objective of the meeting is to conduct environmental impact assessment for the scope of the host community project as describe above in order to come up with appropriate mitigation measure. At this juncture the social expert welcomed the consultant to explain objective of the Environment social impact assessment report. Importance of the ESIA 145 The ESIA (Environmental & Social Impact Assessment) expert explained the scope of the project, introducing the proposed water works and sanitary measures and how they would be implemented. He then went on to explain the importance of conducting an ESIA on the said sub-projects. He further informed the participants that the ESIA team would identify impacts that are likely to occur during project implementation phase and come up with appropriate ways of mitigating the impacts. He then informed that the views of the community meant to modify and improve design, ensure efficient resource use and inform decision making so as to avoid serious and irreversible damage to the environment. Further the study will be used to develop an appropriate Environmental and Social Management Plan (ESMP) for the project’s sustainable development. Design of the ecosan toilets. The expert explain to the beneficiaries the design of ecosan toilet and informed the members that the toilet will have dual-Pit system which involve construction of two separate dehydration vaults for collection of faeces under a common super- structure. These will also have a separate system to divert urine and anal cleansing water in the vaults to a soak pit. The two vaults will act as one duty and one stand-by. Once one vault fills up, the users will shift to the next vault and the faeces in the filled vault will be allowed a minimum storage time of 6 months where ash or lime are used as cover material. Human- powered emptying and transport is required for the removal and conveyance of the dried faeces generated from the Dehydration Vaults. Land for the project. The expert informed the members that the Ecosan toilet will be constructed within the compound of the individual vulnerable household and requested head of the household to sign consent form for construction upon consultation with his/her partner. The chief informed the meeting that since the proponent and the community had prior discussion on the number toilets and criteria of selecting beneficiaries, the community have already come up with a list of beneficiaries. At this juncture forms were handed over to the present beneficiaries for signature. For the beneficiaries who were not present, the project social safeguard was task to consult and sign the forms from them. Below is the list of the selected beneficiaries provided by the community members. 146 LAMBIB SUB-LOCATION VULNERABLE HOUSEHOLD OF ECOSAN BENEFICIARIES. s/no Name of Age of Gender Id no Household composition contact coordinates Vulnerability household head h/h Type male female Total head mem bers 1. Mhamed hujale 55 M 0179806 5 8 13 0742665107 Y-1.7427000, Minority abdi X-40.1427400 2 Said Osman 54 M 13258510 6 5 11 No contact Y-1.7435100 Poor and needy mohamed family X-40.1385100 3. Bishara alasow 35 F 21323286 2 5 7 0759710453 Y-1.7447400 Female headed household X-40.1385000 4. Dubow Mohamed 60 M 8491015 7 3 10 0715602311 Y-1.7461600 Old age H/H and abdille poor family X-40.1392300 5 Adana Ahmed 38 F 27462140 4 6 10 0758499578 Y-1.7412000 Female H/H dugow X-40.1398600 6 Hamara abdi 37 F 29545437 4 3 7 0795511566 Y-1.7465500 Female H/H sumbul X-40.1388200 7 Rukia ahmed 57 F 6390725 3 3 6 0726267735 Y-1.7429000 Poor and needy osman family X-40.1374800 147 8 Halima billow 35 F 35628846 4 7 11 0769661012 Y-1.7414400 Female H/H issack X-40.1410400 9. Mahat Ibrahim 67 M 4885612 3 6 9 0759547603 Y-1.7403400 Old age and sick osman H/H X40.1392300 10 Robay gudhowa 56 F 0059244 5 4 9 0729590702 Y-1.734100 Physical diabled hassan H/H X-40.1398300 11 Dakan Mohamed 34 F 29548885 5 1 6 0794436449 Y-1.7413700 Female H/H abdi X-40.1374600 12 Rukia Mohamed 58 F 0059949 5 3 8 0708393641 Y-1.7429000 poor and needy noor family X-40.1374800 13 Adan diad ahmed 33 M 36316919 5 5 10 0729008084 Y-1.7394300 poor and needy family X-40.1382400 14 Kasim abdi barow 38 M 26943109 4 5 9 0704871901 Y-1.7392990 poor and needy family X-40.1391670 15 Arafa adan 38 F 3558776 6 5 11 0113088662 Y-1.7387500 Minority abdille X-40.1422200 148 DISCUSSION, question and feedback. In the discussion Abdi Mohamed in formed meeting that the land required for the borehole was already signed by the community on 5th December 2020 through the signed community land resolution and consent form for land usage permit 01 provided and attached above. Alas the community chairman and the chief attested and confirmed the truth of the matter. For other infrastructure like the kiosk, storage tank and the pipeline the social safeguard was task to fast track signing the consent forms. The consultant enquired where the community and the proponent have already discussed the management of the borehole. Yunis Hussein informed the meeting that the community and the proponent have already discussed the management of the borehole and agreed that WAJWASCO will manage the borehole and met the cost of maintenance. Alas Hussein the community chairman also informed the meeting that they agreed with WAJWASCO to provide free water to the community for a grace period of 90 days upon completion of the borehole. THE area chief thanked the consultant and the social safeguard expert for the effort. He highlighted the important and the benefit of the project which include Provision of employment opportunities, improvement of health and hygiene of the local, reduction of diseases related to poor sanitation and provision of piped water. However the chief informed the meeting that the fear of the community is draining of the show aquifer if the drilling is done properly. Abdi the social expert informed the meeting that the shallow aquifer will be protected with a plane casing so as to safeguard the water in the supper aquifer not to sip in to the ground. Musa Sumbul inquired when the construction will begin. The consultant replied that the previous ESIA report was approved by the Bank while the host community project is under preparation. He informed that the plan is to hasten the ESIA of the community project before we start drilling of any borehole. The expectation is before end of August the drilling of the boreholes will commence. In the deliberation the consultant request the community to highlight any adverse negative impact that they foresee in the implementation of the project. Upon deliberation the following were highlighted and mitigation measures were agreed with the community. Environmental impacts 149 IMPACTS MITIGATION MEASURES Pollution associated with the machinery used Constant maintenance of the machines to such as oil spills, noise and emission of smoke. reduce the impacts. The use of machinery should be reduced where possible and employ man power. There is likelihood of vegetation being cleared Ant tree affected to be replanted by the during the process of construction. contractor. Accidents were identified as an issue of great Use of PPEs was identified as an important concern during the construction and operation way of protecting the workers against phases. Workers in the site were identified as accidents. the most vulnerable to accidents. Locals were asked to keep off the construction site in order to avoid accidents. Labeling of exits and fire assembly points. Annual audits to address loopholes in safety strategies. Hoard the site to keep people off. Site should have signs such as falling objects. Contractor should have group covers for insurance. Dust pollution during construction phase Water to be sprinkled during the construction phase in order to minimize dust. Waste management issues may arise due to The contractor to provide waste pins and inadequate waste collection facilities and this empty to appropriate designated area. may lead to outbreak of diseases. Sensitise workers not to throw solid wastes haphazardly Socio-economic Impacts IMPACTS MITIGATION MEASURES There was fear that once the water and toilets Locals agreed that the administrators should are ready for use, some people may be ensure that fairness is given special attention sidelined owing to several social issues such and ensure all residents have and equal political inclination, social class, clan or opportunity to work and access water and religion hence unfairness during distribution sanitation services once the process is done. and construction phase. Moral decadence may result as a result of labor Parents, local leaders e.g. chiefs and religious coming from outside and money circulating in leaders should take the lead role in teaching 150 the local economy. It may come inform of and sensitizing the community on the infidelity in marriages and school drop outs importance of morality and bringing the caused by teen pregnancies. culprits to book. This could also result from women and men Use of local labour to avoid influx of workers engaging in extra-marital sexual activities that can spread immoral issues. thereby breaking family ties. Drying of shallow wells Use of plan casing to protect shallow aquifer Proper supervision of the contractor by the supervision team. Some locals expressed fears that there is likely The County government and WAJWASCO to come with increased burden of water should involve the locals before effecting any charges. pricing strategy for the water. Use of machines by the contractor to avoid The contractor to use local work force and only local labourers use machine where necessary. Priority to be given to locals in all employment opportunities unless the requisite skills are not locally possessed by the local workers. Spread of disease like COVID 19, HIV and Contractor to strictly adhere to the covid-19 AIDS and other communicable diseases protocol measure. Provision of condoms to the workers. Sensitization of the community against the risk of contacting diseases like HIV AIDS Min3: A.O.B There being no any other business to discuss the meeting was adjourned at 4:45pm 151 152 153 IIC: MINUTES OF A PUBLIC CONSULTATION MEETING HELD AT LAMBIB CHIEF OFFICE ON 27TH JANUARY 2022 AT 9:30AM. Members present. s/no name IDNo gender Village/institution 1 Hassan file jimale 30644773 M Lambib Community member 2 Mohamed M. harun 27470854 M Assistant cief lambib 3 Ali issak adan 23081888 M Lambib Community member 4 Mahat Ibrahim osman 4885612 M Lambib Community member 5 Guhad adow osman 29604434 F Lambib Community member 6 Mohamed mude 3453127 M Lambib Community member hassan 7 Rukia shale yussuf 21085820 F Lambib Community member 8 Nasra ugas 34252483 F Lambib Community member 9 Halima abdullahi 24869127 F Lambib Community member 10 Abdi siyat omar 0179800 M Lambib Community member 11 Habib ahmed alas 25287617 F Lambib Community member 12 Diis Osman muhumed 13256441 F Lambib Community member 13 Alas Hussein issak 0055910 M Lambib Community member 14 Nurta mohamed 00693012 F Lambib Community member huthow 15 Rukia mohamednoor 0059949 F Lambib Community member 16 Kassim abdi barrow 26943109 M Lambib Community member 17 Roble guthow hassan 0059244 M Lambib Community member 18 Bishara alasow 21323286 F Lambib Community member 19 Abdi mohamed adan 27271888 M Social safeguard expert The present members are in the attached list of participant attached in the minute. Min1: Introduction The meeting kicked off at 9:30pm with the introduction of parties’ present. Opening remarks were made by the area assistant chief Mohamed Harun. The ESIA (Environmental & Social Impact Assessment) expert explained the scope of the community project including sanitary measures and how they would be implemented. He then went on to explain the importance of conducting an ESIA on the said sub-projects. He further informed the participants that the ESIA team would identify impacts that are likely to occur during project implementation and operation phase and come up with appropriate ways of mitigating the impacts. Min2: project component and discussion. The social safeguard presented a brief explanation of the project component and mentioned that the following are the component under the community project. Construction of six number water kiosk with overhead tank of 5000l. Construction of 1Nr steel tank of 50m3 154 Construction of 2.5 KM ppipeline distribution network to the kiosk. Construction of 15Nr ecosan toilets for the vulnerable household. A dedicated community borehole that was already discussed and assessed in separate ESIA report. Construction of 3Nr livestock watering troughs Water connection to the school which will be part of the pipeline. Further he informed the meeting that the project engineers came to the ground and identified together with the community representatives including Alass the community chairman, mohamed harunthe area assistant chief and Arafa adan the specific sites for the above said project component. Discussion questions and feedbacks Abdi the social safeguard enquired whether the community were aware of the areas earmarked for the said project. Ali Issack and Fatuma Mohamed confirmed that the community is aware of the said community project and knows where the above water works and sanitation components will be constructed. The consultant enquired the community members where the pipeline will affect any household or is passing through on a plot that is being claimed. The area chief informed the meeting that during the identification of the sites for the project component, the project team informed the community that the pipeline will be aligned to the road reserves so as to avoid resettlement hence so far there is no known person or structure that will be affected by the project. Further the consultant enquired if there is known social amenities along the road reserve where the pipeline will be laid. Alass the community chairman informed the meeting that the only known social amenities along the road reserve is Kenya power pole but he was not sure whether the pipeline will interface the poles. The area chief reminded the members that during the identification the project team were very keen on such eventualities and upon going through the pipeline route it was confirmed that the pipeline will not affect any power poles. Mohamed kathafey informed the meeting that they have experience contractors who usually give supply of materials required to outsider who leave Wajir town. He informed the meeting that all the works and supply of material should be sourced locally and given to the people of Lambib. Abdi the social safeguard informed the community that as it was agreed earlier in our previous discussion related to the other component of the WSPD project all works and supply of material, locals will be given priority and only the contractor will outsource expertise and materials that are not locally available. And incase the contractor(s) defy the agreements, there is a grievance management system that will be put inplace to ensure that all concern in the project will be addressed efficiently and effectively. He encouraged the community not to fear in bring forward any concern that they come across during the implementation and operation phases of the project. 155 Abdullahi enquired how many people are expected to the employed for the running of the kiosk as well he request the vulnerable community members to be considered for such employment. The consultant informed the meeting that the number of kiosk are six and most probably only six people will be employed but a determination of the number of employees will be on need basis where the community will be consulted by the proponent. On land the community was informed that the project requires approximately 1.2 ha of land and the signing of land consent form was already schedule for 3rd February 2022. In the deliberation the community were enquired on both social and environmental impacts they expect to occur as a result of the project. The community members highlighted the following positive impact. Employment opportunities as a result of the project. They informed the consultant that they expect both temporary and long term employment from the project as they have discussed with wajwasco previously during the discussion of the boreholes. Reduction of disease. They inform the consultant that as a result of improvement of water and sanitation the project will reduce the outbreak of diseases. Town growth – they informed that the town face will improved and the money spent by the community members on treating diseases will be redirected to other infrastructure that the community members need. Further the community identified the following Negative impact and agreed with the possible mitigation measure. IMPACTS MITIGATION MEASURES Accident during construction The contractor should excavate the trench in portions and phase. backfill within the shortest time possible. The community highlighted that Contractor to provide PPEs at all working hours for both the trenches for the pipeline can external and local community workers at the sites. pose accident to both animals and human being Dust emanating from excavationsThe contractor should sprinkle water to the excavation site and construction works. and minimize the dust as much as possible. Provide dust mask to the workers during the construction period. Contractor to dispose of all solid was generated during Solid waste generation construction in to designated waste disposal site. Contractor to provide waste bin to avoid litters at the construction sites. Agreed local lambib resident will be given priority to Fears of giving supply of supply construction materials such as sand, fine aggregates construction material to non- and stones. locals who are not resident of Contractor only to outsource materials and expertise that 156 lambib sub-location. are not locally available. Grievance management system to be put in place by wajwasco in order to ensure contractors to comply with agreements and ensure all concerns of the community are addressed efficiently and effectively. WAJWASCO to consider construction of waste Waste Water at the kiosk and management and treatment system in the long-term. leakages along the pipelines Wajwasco to develope proper maintenance plan for the during the operation phase. pipeline, kiosks troughs and tanks during the operation phase. Wajwasco in consultation with the community to ensure Fear of not considering vulnerable vulnerable members of the community are considered for community member for the long employment opportunities. term employment opportunities Contractor to advertise all employment opportunities and that come with the project. engage local elders in the recruitment process. Min3: A.O.B There being no any other business to discuss the meeting was adjourned at 11:00am 157 158 III. LIST FOR KEY INFORMANTS INTERVIEWED 159 IV. SELECTED COMMUNITY REPRESENTATIVES 160 161 V. CONSENT FORM FOR ECOSAN BENEFICIARIES. 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 VI. APPROVAL FORM THE COUNTY ROADS DEPARTMENT. 178 VII. PROJECT DESIGN 179 VIII A. Water Kiosk Design 180 181 182 183 184 185 186 187 VIII B. Pipeline Design 188 189 190 191 192 VIII C. Elevated Steel Tank Design 193 194 VIII D. Ecosan Toilet Design 195 196 197 198 VIII D. Livestock watering trough 199 200 IX. Replacement of Mahat Ibrahim 201 X: Chance find procedure. Chance find procedures are an integral part of the project ESMMP and civil works contracts. The following is proposed in this regard: If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall:  Stop the construction activities in the area of the chance find;  Delineate the discovered site or area;  Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over;  Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage. 202 EIA LICENCES’ FOR LEAD EXPERT 203 204