ENVIRONMENTAL AND SOCIAL IMPACT ASSESMENT SUMMARY PROJECT REPORT FOR THE PROPOSED DRILLING OF COMMUNITY PROJECT BOREHOLE FOR WATER SUPPLY AT LAMBIB IN WAJIR COUNTY COORDINATES FOR THE BOREHOLES AT: Lambib: UTM 37 N 0626232; 0192820, Elevation 262 FEBRUARY, 2022 CERTIFICATION This Summary Project Report has been prepared by a team of EIA experts lead by Mr. Paul Nicholas Otieno; NEMA registered EIA/EA Lead Expert No. 2921. This Summary project report has been prepared in accordance with the requirements of the Environmental (Impact Assessment and Audit) (amendment) Regulations, 2019, pursuant to The Environmental Management and Coordination Act, (CAP 387). DISCLAIMER This Environmental Impact Assessment Summary 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. Paul Nicholas Otieno (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. Paul Nicholas Otieno Mobile: + 0724242338/0737046895 Proponent On behalf of Wajir Water and Sanitation Company (WAJWASCO) Name……Ali Bashane…………………………………………………………………………… Managing Director (MD) Signature__________________ Date Stamp 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 is a proposal to drill a borehole to source water from the lower aquifer to a depth of about 130m deep to supply the community as part of social cooperate responsibility. 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 drilling of Lanbib community borehole will thus trigger the Bank's Safeguard Policies (OP 4.01 Environment Assessment). 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 Summary Project Report (SPR) is prepared in response to requirement. The scope of works covered under this assessment is limited to borehole drilling and equipping with solarised submersible pump. Water distribution works were assessed in a separate ESIA report. Proposed Project Objective To improve the socio-economic development and health status of the residents of Lambib community by providing sustainable water supply. Project Location The proposed project involves drilling of 1 No. community project borehole for supply of community water at Lambib located in Wajir County, Wajir East Sub-County and within Khorofharar ward. The borehole shall be drilled at Lambib village/settlement in Lambib sub- location within Arbaqeranso location. The land for the development of the borehole is a iii community land measuring 50 by 50 meters within Lambib sub- location with a coordinate of UTM 37 N 0626232; 0192820 and Elevation of 262. During Baraza meeting, the community members indicated that the project will serve communities even from outside the project area particularly neighbouring manyattas and the ward in general, especially for domestic water and watering of livestock during droughts. The community elders signed land consent forms allowing the drilling and equiping of the proposed borehole among other facilities whose ESIA report is separate from this and the form is attached in Annex I. Estimated Cost The estimated cost of the proposed development is about KShs. 5.757Million1. This cost includes construction materials, labour, occupational health and safety for workers and professional support services. The main works considered include: drilling and construction of the boreholes, preliminary and general items, solar system, submersible pump and other electrical mechanical works for the borehole. 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 to compile relevant baseline biophysical and socio-economic information about the study area. Field surveys 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 pollution 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 83 household individuals and from 5 officers from institutions both at national government offices and county government levels. 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’ heads and key informants from relevant sectors. The tools used to collect data were questionnaires administered to households in the area, community baraza meeting discussions guides and from key informant interview guide. Key Findings The proposed project shall be implemented as part of corporate social responsibility. Proposed project area was noted to be a natural habitat with Comiphora myrrh and Acacia reficiens being the most dominant vegetation observed but with hardly any ground cover. Key informant interviews findings indicated that the main threat to vegetation in the area is charcoal burning 1The estimate cost is according to the figures provided in the design report prepared by East African Engineering Consultants Ltd and Systel Engineering Limited iv 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. The area social officers noted 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. The major challenges which these groups face are inadequate resources, illiteracy, and cultural and religious values. The area is a livestock grazing area and only few free-roaming wildlife with the antelopes and giraffes being observed during field assessment. Consistent with observation made, key informant interview indicated that the common wildlife species in the project area include Somali Giraffe, Dick-Dick, and Gerenuk with the Somali Giraffe being the endangered species. 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 allocated land by the local elders through the signing of voluntary land donation consent forms attached in annex I. The locals perceive the project as having overall positive impacts. The proposed borehole shall be drilled to a depth of about 130m. The local community members 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 feacal coliform from the pit latrines and from open bush defecation. The drilling of the borehole is not anticipated to affect the existing shallow wells due to difference in the aquifers which are separately bounded. The volumes of the works were noted to be low and mitigation measures have been proposed to mitigate against any negative impacts anticipated. 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. Table 0-1 is a summary of the discussion as captured in chapter 5 of this report. 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 project operating and maintaining the proposed project facilities including the borehole and the associated water distribution facilities. Payment for the water services It was agreed that WAJWASCO shall give the community a grace period of 90 days (3 month) to use the water for free. v Community fear of the borehole The shallow aquifer will be protected with a plane casing so as affecting the shallow aquifer if the to safeguard the water in the supper aquifer not to sip in to the drilling is not done properly deep aquifer at the lower level. The borehole shall draw the water from the lower aquifer and the two aquifers do not share the same table. Pollution associated with the machinery Constant maintenance of the machines to reduce the impacts. used such as oil spills, noise and The use of machinery should be reduced where possible and emission of smoke. employ man power. There is likelihood of vegetation being Any tree affected to be replanted by the contractor. cleared during the process of construction. Accidents were identified as an issue of Contractor shall be required to have a safety plan great concern during the construction Use of PPEs was identified as an important way of protecting and operation phases. Workers in the the workers against accidents. site were identified as the most Locals were asked to keep off the construction site in order to vulnerable to accidents. 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 insurance covers Dust pollution during construction Water to be sprinkled during the construction phase in order phase to minimize dust. Waste management issues may arise The contractor to provide waste bins and empty to appropriate due to inadequate waste collection designated area. facilities and this may lead to outbreak Sensitize workers not to throw solid wastes haphazardly of diseases. There was fear that once the water and Locals agreed that the administrators should ensure that toilets are ready for use, some people fairness is given special attention and ensure all residents have may be sidelined owing to several social and equal opportunity to work and access water and sanitation issues such political inclination, social services once the process is done. class, clan or religion hence unfairness during distribution and construction phase. Moral decadence may result as a result Parents, local leaders’ e.g. chiefs and religious leaders should of labor coming from outside and take the lead role in teaching and sensitizing the community money circulating in the local economy. on the importance of morality and bringing the culprits to It may come inform of infidelity in book. marriages and school drop outs caused Use of local labour to avoid influx of workers that can spread by teen pregnancies. immoral issues. This could also result from women and men engaging in extra-marital sexual activities thereby breaking family ties. Some locals expressed fears that there is The County government and WAJWASCO should involve the likely to come with increased burden of locals before effecting any pricing strategy for the water. water charges. Use of machines by the contractor to The contractor to use local work force and only use machine avoid local labourers where necessary. Priority to be given to locals in all employment opportunities vi unless the requisite skills are not locally possessed by the local workers. Spread of disease like COVID- 19, HIV Contractor to strictly adhere to the covid-19 protocols and and AIDS and other communicable measures. diseases Provision of condoms to the workers. Sensitization of the community against the risk of contacting diseases like HIV AIDS Impacts of the Project The proposed drilling and development of Lambib community project 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 the negative impacts during 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, reliable easy and faster access to clean water, livestock production and improved sanitation, increased revenue for WAJWASCO, improved water reliability, improved living, allow the vulnerable groups to access clean water and reduction in child mortality. The Negative Impacts The proposed project activities during construction, operation, and decommissioning phases are anticipated to lead to negative impacts including but not limited to: Public safety issues, air quality from exhaust fumes and dust emission, excessive noise and vibrations from the drilling rig, Occupational Health and Safety (OHS) issues on site, increased solid waste generation, infection and spread of invasive species, water loss (leakage and spillage), spread of livestock pest and diseases, conflict among water resource users, and increase in waste water . Mitigation Measures for Negative impacts during drilling and construction phase NO ASPECT POTENTIA RECEPT MITIGATION MEASURES L IMPACT OR 1. Public Injury and communi  Ensure the safety of residents by providing safety signs at Safety accidents ty strategic places around the access roads. members  Hoarding off working sites to protect the public or and unauthorized persons Livestock  Reduce unnecessary speeding to prevent accidents from the movement of pedestrians or livestock in the area. vii 2. Air Air quality communi  Workers to use masks when working in dusty conditions. quality degradatio ty and  The community members to be discouraged from going to n workers site to watch drilling or construction activities  Consider shielding wind impacts during drilling to reduce mad particulate matter being blow away if it’s in the direction of settlement.  Reduced speeding on the dusty roads.  Construction vehicles to have catalytic devices to ensure complete burning of waste gases.  Contractor to ensure proper servicing of vehicles and Construction machines.  Use all means possible to suppress dust if considered to be a menace during excavations. 3. Psychologic workers  The community members to be discouraged from going to Excessi al nuisance and site to watch drilling/construction activities ve Noise and communi  Machines and equipment to be fitted with silencer/muffler and damage to ty devices where possible, Vibrati hearing members  Using equipment and machines with low noise emission. ons.  switching off vehicles and machines when not in use,  avoiding unnecessary hooting,  Workers to be provided with personal protection equipment earplugs.  Reduce working hours for the workers on site during drilling by having working shifts  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. 4. Occupat Injury and workers  Ensure safety of the construction workers by putting first ional aid area and injury reporting mechanism Accidents Health  Ensure compliance to Occupational Safety and Health Act and Cap. 514 and its Subsidiary Legislations. Safety  Provide appropriate personal protective equipment (PPE) (OHS). 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 accident on site.  Provide clean drinking water for the workers to mitigate against dehydration.  Contractor to develop a site safety action plan detailing viii safety equipment to be used, emergency procedures, restriction on site, frequency, and personnel responsible for safety inspections and controls. 5. Littering Water,  Preparation of waste management plan to guide waste Solid environme air, soils, management and disposal activities, incorporating waste nt and Flora, segregation of hazardous from non-hazardous wastes. generat ion contaminat Fauna  Reuse of all soil cuttings from the excavation works ion and local  Proper disposal of waste from the contractor’s camp communi  Disposing off contaminated soils in cutting pit if volumes ties are low.  The contractor to develop site specific incident management or response plan in the even of hazardous waste contamination (used tyres, Oil and Fuel filters). 6. Game Wildlife  Sensitization and awareness creation among workers on Killing and meat injury the illegality of the action and criminal charges. poachin Prohibitions to be incorporated in the code of conduct g and  The movement of construction vehicles to be restricted to day time injury  Reporting of any incidents involving injury or game meat to poaching to KWS wildlife  Engaging local conservation groups to conduct monitoring during project implementation period  Sensitization of the local community members to participate in monitoring and reporting any illegal activities against wildlife 7. Spread Loss of Indigeno  Regular monitoring of the project site for the spread of of indigenous us plants, alien plant growth and in the event of such observation, invasive species and local employing relevant management practices e.g uprooting species. people young plants or burning to control the spread of the plant. injury and  Raw materials used for construction such as sand and livestock rocks should be sourced in areas where there are no invasive species.  Equipment required for the drilling and construction works should be clean and free from any alien plants and mud which may contain seeds or tuber of alien species.  Create awareness among the local community on management of the spread of the invasive species. 8. Leakag Contamina Soil,  Development of site-specific incident management or e and tion and water, response plan. spillage pollution plants  Taking all measures possible to reduce any spillage and and air have emergency spill response kit on site, with staff trained on emergency spill response  In the event of hazardous waste leakage or spills, engage authorized waste handlers to dispose contaminated soils.  Disposing off contaminated soils in cutting pit if volumes are low.  Use of NEMA licensed waste handlers to dispose wastes in licensed disposal areas. ix 9. Covid- infection or workers  The Contractors will develop standard operating 19 loss of life and procedures (SOPs) for managing the spread of Covid-19 Spread members during project execution and submit them for the approval of the of the Supervision Engineer and the Client, before of public mobilizing to site. The SOPs shall be in line with the World COVID- Bank guidance on COVID-19, Ministry of Health Directives 19. and site-specific project conditions; During  Mandatory provision and use of appropriate Personal construct Protective Equipment (PPE) shall be required for all ion at project personnel including workers and visitors; work  Avoid concentrating more than 15 workers at one location. sites Where two or more persons are gathered, maintain social distancing of at least 2 meters;  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.; 10. Spread of infection or Commun  Electronic means of consulting stakeholders and holding COVID- loss of life ity meetings shall be encouraged, whenever feasible. One-on- 19 members one engagements with stakeholders while observing social amongst distance and adhering to PPE wearing shall be enforced; communi  Avoid concentrating more than 15 community members at a venue. Where two or more participants are gathered, ty maintain social distancing of at least 1.5 meters (5 feet); members  The team carrying out engagements within the during communities on one-on-one basis will be provided with consultat appropriate PPE for the number of people and ion stakeholders they intend to meet. processe  Use traditional channels of communications (TV, s 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. 11. GBV/SE Injury Vulnerab  Ensure clear human resources policy at the site against A risks le sexual harassment that is aligned with national law /Child persons  Integrate provisions related to sexual harassment in the x labour in the employee COC communi  Ensure appointed human resources personnel to manage ty. reports of sexual harassment according to policy  The Contractor shall require his employees, sub- contractors, sub-consultants, and any personnel thereof engaged in the drilling works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse 12. Grievan Conflict All  Establish community grievance committees at the site ce between project  Ensure contractor staff grievance structures exist Redress affected stakehold  Create awareness of the existence of the project grievance parties ers redress mechanisms Mitigation Measures for Negative impacts during Operation phase NO ASPECT POTENTI RECEPT MITIGATION MEASURES AL OR IMPACT 1. Spread of Loss of Indigenou  Regular monitoring of the project site for the spread invasive indigenous s plants, of alien plant growth and in the event of such species. species and local observation, employing relevant management people practices e.g. uprooting young plants or burning to injury and control the spread of the plant. livestock  Control of livestock movement into the project area from infested areas  Create awareness among the local community on management of the spread of the invasive species. 2. Over Intrusion of The water  Adhere to the amount of water allocated in the Exploitation salty water, aquifer authorization/water abstraction permit by WRA. of the water depletion or  Monitor water levels aquifer lowering of  Ensure efficiency in water use the water  Conduct regular water quality analysis as per WRA table. requirements 3. Occupational Accidents or workers  Ensure compliance to Occupational Safety and health and injuries Health Act (OSHA) Cap. 514 and its Subsidiary safety Legislations standards.  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.  Creation of awareness and training of workers on site safety and first aid skills. xi  Hiring employees with proper qualifications for specialized and risky tasks during operation and maintenance of borehole.  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 Contaminati Local  Create awareness on reusing waste water for kitchen waste on and people, gardening or tree planting water pollution water  Do not allow any livestock to drink water during test course pumping before the quality is ascertained. 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. The total estimated cost for the implementation of the ESMP and ESMoP is about KES 0.73M. However, the actual cost for construction Phase ESMP shall be prepared by the contractor and captured in the C-ESMP. Requirements of the Construction Phase ESMP will be incorporated in the project’s bid documents. ESMP Implementation and Institutional Arrangement The implementation of the proposed measures shall be overseen by several actors including the Client (WAJWASCO), NWWDA safeguards specialist, the supervision consultant, and the contractor who is expected to have environment, health and safety officer to implement and report on progress of safeguards implementation. The contractor’s environment, health and safety officer will prepare C-ESMP before commencement of works that shall guide the implementation of safeguards requirements. The project supervising consultant shall on a daily basis supervise the implementation of works including the C-ESMP. WAJWASCO Environmental and social safeguards officers together with NWWDA safeguards consultant shall also conduct regular and impromptu monitoring to ensure that all the applicable requirements of the World Bank and National laws are adhered to. Reporting on implementation activities of the Lambib host community project borehole drilling 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 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 employer and to the Bank as well as relevant authorities as soon as possible, within 24 hrs of the incident occurrence. xii 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 social cooperate responsibility, it was proposed that a community project borehole to be drilled to supply the local community members from Lambib area with improved water supply. The local community members currently access water from shallow wells which are affected by the recurrent droughts. 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. Consultations findings showed that the local community are eagerly anticipating the implementation of the project. The proposed project area showed characteristics of natural habitat though near settlements. The environmental and social assessment findings indicated that the project impacts are of low impacts. The drilling activities of the community project borehole, 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. Recommendations Drilling and development of the proposed community project borehole together with the water supply 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 ESMoP proposals during implementation, operation and decommissioning stages of the project as will be required.  The contractor will not allow any use of the water particularly test pumping water before conducting water quality tests and found fit for consumption, which could not be ascertained at the time of this study.  WAJWASCO, contractor and the supervising engineer will ensure 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 will 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. xiii TABLE OF CONTENT EXECUTIVE SUMMARY............................................................................ III TABLE OF CONTENT .............................................................................. XIV LIST OF TABLES ................................................................................... XVII LIST OF FIGURES ................................................................................. XVII LIST OF PLATES ................................................................................... XVII LIST OF ACRONYMS AND ABBREVIATIONS ..........................................XIX 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 ........................................................................... 3 1.6.1 Desktop Review ................................................................................................................. 3 1.6.2 Field Survey ................................................................................................................... 4 1.7 ESIA PROJECT STUDY TEAM .................................................................................................... 5 1.8 CONTENT AND STRUCTURE OF THE REPORT ............................................................................ 5 1.8.1 Purpose of the Report ....................................................................................................... 5 1.8.2 Structure of the Report ................................................................................................. 6 2 PROJECT DESIGN AND DESCRIPTION ................................................. 7 2.1 OVERVIEW ................................................................................................................................ 7 2.1.1 Proposed Scope of the host community Project Borehole ............................................. 7 2.2 PROJECT ACTIVITIES AS SOURCE OF IMPACTS .......................................................................... 9 2.3 MATERIALS FOR USE................................................................................................................. 9 2.3.1 Anticipated Waste material and by-products ............................................................ 9 2.4 CONSIDERATIONS OF PROJECT ALTERNATIVE.......................................................................... 9 2.4.1 No Project Option .......................................................................................................... 9 2.4.2 Project Development Option ...................................................................................... 10 2.4.3 Alternative Technology Option .................................................................................. 10 2.5 COST OF THE PROJECT............................................................................................................ 10 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ....................... 12 3.1 OVERVIEW .............................................................................................................................. 12 xiv 3.2 PROJECT POLICY FRAMEWORK............................................................................................... 12 3.2.1 Policy Framework ....................................................................................................... 12 3.2.2 Legal Framework ........................................................................................................ 14 3.2.3 World Bank Safeguards Operational Policies (OP) ................................................ 20 3.3 PROJECT INSTITUTIONAL FRAMEWORK .................................................................................22 3.4 CONSTRUCTION SUPERVISION, MONITORING AND REPORTING ............................................. 25 3.5 CONTRACT MANAGEMENT, ADMINISTRATION AND CONFLICT RESOLUTION ......................... 25 4 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS................. 27 4.1 OVER VIEW............................................................................................................................. 27 4.2 PROJECT LOCATION................................................................................................................ 27 4.3 PHYSICAL ENVIRONMENTAL BASELINE CONDITIONS .............................................................28 4.3.1 Climate and Weather Parameters .............................................................................28 4.3.2 Hydro-Geological Survey ...........................................................................................32 4.3.3 Waste Generation and Management ........................................................................32 4.3.4 Excessive Noise and Vibrations .................................................................................34 4.3.5 Air quality ....................................................................................................................34 4.4 BIOLOGICAL ENVIRONMENTAL BASELINE CONDITIONS ......................................................... 35 4.4.1 Flora and Fauna.......................................................................................................... 35 4.4.2 Invasive Species Management ...................................................................................36 4.4.3 Natural Habitats .........................................................................................................36 4.4.4 Visual Impacts ............................................................................................................. 37 4.5 SOCIO-ECONOMIC BASELINE CONDITIONS............................................................................. 37 4.5.1 Administrative units ................................................................................................... 37 4.5.2 Demographic Characteristic of the Project site........................................................ 37 4.5.3 Social Amenities and physical infrastructure ..........................................................38 4.5.4 Land Use and Ownership ...........................................................................................39 4.5.5 The Main Water Sources ........................................................................................... 40 4.5.6 Water Source Reliability............................................................................................ 40 4.5.7 Vulnerable and Marginalized Persons...................................................................... 41 4.5.8 Cultural Heritage and Properties .............................................................................. 41 4.5.9 Community Anticipated Impacts of the Project .......................................................42 5 PUBLIC PARTICIPATION AND CONSULTATIONS .............................. 43 5.1 OVERVIEW ..............................................................................................................................43 5.2 THE CONSULTATIVE PROCESS ADOPTED ................................................................................43 5.3 KEY INFORMANT INTERVIEWS................................................................................................43 5.4 LAMBIB COMMUNITY BARAZA ................................................................................................ 45 5.5 SUMMARY OF ISSUES RAISED DURING BARAZA AND THE RESPONSE ...................................... 47 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS ..................... 49 6.1 OVERVIEW ..............................................................................................................................49 xv 6.2 POSITIVE IMPACTS OF THE PROPOSED PROJECT ....................................................................49 6.3 NEGATIVE IMPACTS OF THE PROPOSED PROJECT ...................................................................49 7 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ........ 60 7.1 OVER VIEW ............................................................................................................................ 60 7.2 DECOMMISSIONING ............................................................................................................... 68 8 ENVIRONMENTAL AND SOCIAL MONITORING PLAN (ESMOP) ........ 69 8.1 OVER VIEW.............................................................................................................................69 9 GRIEVANCE REDRESS MECHANISM ................................................. 73 9.1 OVER VIEW ............................................................................................................................. 73 9.2 GRIEVANCE LOG ..................................................................................................................... 73 9.3 ORGANIZATION STRUCTURE FOR GRIEVANCE MANAGEMENT. ............................................... 74 9.3.1 Level one: local committee ......................................................................................... 74 9.3.2 Level two: county committee ..................................................................................... 74 9.3.3 Level three: Project committee................................................................................... 75 10 CONCLUSION AND RECOMMENDATIONS ...................................... 77 10.1 CONCLUSION .......................................................................................................................... 77 10.2 RECOMMENDATIONS .............................................................................................................. 77 11 REFERENCES ................................................................................... 79 12 ANNEXES ......................................................................................... 80 I. COMMUNITY LAND RESOLUTION AND CONSENT FORM FOR LAND USAGE PERMIT.......................................................................................................................................... 80 II. MINUTES FOR COMMUNITY BARAZA ............................................................................96 III. ATTENDANCE LIST FOR COMMUNITY BARAZA MEETING ...................................... 103 IV. HYDRO-GEOLOGICAL SURVEY REPORT ..................................................................... 106 V. EIA LICENCES’ FOR LEAD EXPERT ............................................................................... 144 xvi LIST OF TABLES Table 0-1: Summary of stakeholders Issues raised and the response ................................................ v Table 1-1: The ESIA Project Study Team .......................................................................................... 5 Table 3-1: Policy Framework ............................................................................................................ 12 Table 3-2: Legal Framework.............................................................................................................. 14 Table 3-3: Applicable World Bank Safeguards Policies for WSDP and Proposed Lambib host community project Borehole .............................................................................................................. 20 Table 3-4: Regulatory Institutional Framework ............................................................................... 22 Table 3-5: Project Implementation and Operation Institutional Framework .................................. 24 Table 4-1: Literacy Level Attained in Wajir East Sub-County ....................................................... 38 Table 5-1: Summary of Key Informant Interviews .......................................................................... 43 Table 5-2: Summary of stakeholders Issues raised and the response .............................................. 47 Table 6-1; Mitigation Impacts and measures during project Implementation phase ..................... 51 Table 6-2: Impacts and Mitigation Measures during project Operation phase ............................... 57 Table 7-1: Environmental and Social Management Plan (EMSP) at Constrution Phase.............. 61 Table 7-2: Environmental and Social Management Plan (ESMP) at Operation Phase.................. 67 Table 8-1: Environmental And Social Monitoring Plan (EMoP) .................................................... 70 LIST OF FIGURES Figure 4-1: Lambib Community borehole location Map ................................................................. 27 Figure 4-2: Mean Monthly Rainfalls source (CHIRPS) accessed November 2021 ....................... 28 Figure 4-3: Average monthly Temperatures source FAO CLIMWAT database (November 2021) at Wajir weather station. .................................................................................................................... 29 Figure 4-4: Relative Humidity source FAO CLIMWAT database (November 2021) at Wajir weather station. ................................................................................................................................... 30 Figure 4-5: Daily wind Speeds source FAO CLIMWAT database (November 2021) at Wajir weather station. ................................................................................................................................... 31 Figure 4-6: Average Daily Radiation source FAO CLIMWAT database (November 2021) at Wajir weather station. ........................................................................................................................ 32 Figure 4-7: One of community shallow well in Lambib .................................................................. 40 LIST OF PLATES Plate 4-1: Haphazardly disposed of waste near WAJWASCO offices. .......................................... 33 Plate 4-2: Inadequate waste management in Wajir town ................................................................. 33 xvii Plate 4-3: Burning of waste at Lambib .............................................................................................. 34 Plate 4-4: Inadequate waste management at Lambib. ...................................................................... 34 Plate 4-5: Poor ground cover ............................................................................................................. 35 Plate 4-6: Unimproved road from Wajir town to Bor through Lambib .......................................... 35 Plate 4-7: Acacia reficiens ................................................................................................................. 36 Plate 4-8: Comiphora myrrh .............................................................................................................. 36 Plate 5-1: Local youth Following the Community baraza discussions ........................................... 46 Plate 5-2: Community members following proceedings during community baraza. ..................... 46 xviii LIST OF ACRONYMS AND ABBREVIATIONS CIDP County Integrated Development Plan EIA Environmental Impact Assessment EMCA Environmental Management and Coordination Act ESMoP Environmental and Social Monitoring Plan ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan HHQ Household Questionnaires KES Kenya Shillings KIID Key informant Interview Guide KIIs Key Informant Interviews NEMA National Environment Management Authority PPE Personal Protective Equipment WAJWASCO Wajir Water and Sanitation Company WRA Water Resources Authority WSDP Water and Sanitation Development Project xix 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 feacal matter due to the high-water table that is affected by the pit latrines. The existing Wajir minor water supply system does not meet the demand and only covers public institutions include schools, the hospital and other public institutions. In light of this and the need to alleviate the situation, the Government of Kenya through a World Bank financing loan under Water Sanitation and Development Project (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 as part of social corporate responsibility. The proposed borehole is anticipated to serve about 300 households within Lambib area. Therefore, the proposed assignment is focused on drilling the proposed Lambib host community project borehole. The drilling of the proposed Lambib host community project borehole is expected to have environmental and social impacts that need to be anticipated and mitigated or enhanced. This shall 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 and social impact assessment (ESIA) which is the subject of this report. The ESIA Summary Project Report (SPR) 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 To improve the socio-economic development and health status of the residents of Lambib community by providing sustainable water supply as part of corporate social responsibility to about 300 households. 1.3 Rationale of the ESIA study The proposed sub-project falls under the World Bank's support to the government through investment lending towards improving water supply and sanitation services focusing on coastal and north eastern regions and priority areas, along with strengthening sector institutional capacity to deliver improved services. The proposed drilling of Lambib community borehole will thus trigger the Bank's Safeguard Policies (OP 4.01 Environment Assessment) and occupational health and safety requirements 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 potential significant potential impacts of the project 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 Summary Project Report is prepared in response to the legal 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 sub-project 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 and the Bank’s OP 4.01 which require 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.  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. 2 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 drilling of Lambib host community borehole project.  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.  Assess 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 monitoring plan (EMoP).  Submit ESIA report to NEMA for approval and licensing. 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 targeting about 300 households. Lambib community, just like the wider Wajir town population, rely on shallow ground water wells which are prone to faecal matter contamination. There is a proposal to drill a borehole to source water from the lower aquifer to a depth of about 130m deep to supply the community as part of social cooperate responsibility. 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 summary 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 in order to compile relevant baseline biophysical and socio-economic information about the study area. 3 The biophysical information was compiled on environmental aspect such as flora, fauna, topography, drainage, soils, geology, hydrogeology, climate and vegetation. 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 wellbeing, vulnerable and marginalized groups 1.6.2 Field Survey The study team conducted field work within the project area on 18th march 2021 and with additional data on 17 th November 2021 and 8th and 9th December 2021. The main objective of this activity was to carry out on-site field assessments of the expected effects of the planned developments on the physical, biological and socio-economic environment. The field work exercise involved visiting and paying courtesy calls to the area chief, interview with community representatives and conducting public baraza. 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 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, the transect walk was conducted by a team of representative 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, 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. 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 from about 300 households within the Lambib scheme. The survey targeted 25% of the households for information but data was collected from 83 households. Focused Group Discussion interview guides, professional observations/judgment and limited Key Informant Interviews (KII) were used for collecting of qualitative data from selected community members. Five key informant officers were interviewed from County Environment and Natural Resources Officer, Forest Officer, Land and Physical planning officer, the social welfare officer and Kenya Wildlife Officers. The household 4 data collection tool was developed and discussed within the survey team for consensus, before training of enumerators, pre-testing and data collection conducted. 1.7 ESIA Project Study Team Wajir Water and Sanitation Company (WAJWASCO) contracted Renix consultancy firm limited to assist in preparing an Environmental and Social Impact Assessment (ESIA) summary project report for the proposed drilling of Lambib community borehole. Environmental scoping and subsequent preparation of the ESIA summary 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. Table 1-1: The ESIA Project Study Team NO NAME OF EXPERT PROPOSED POSITION SIGNATURE 1. Mr. Paul Nicholas Otieno Team Leader/Lead Environmentalist 2. Caleb Obonyo Water and Environmental Engineer 3. M. H. Boya Hydro-geologist 4. Ann Kombija Water Engineer 5. Apiyo Christine Awour Sociologist 6. Tony Agutu Associate environmentalist 7. Rebecca Atieno Administrator 8. Mr. Abdirashid Adan Reviewer Social Safeguards (WAJWASCO) 9. Ahmed Malik Deputy Director; WAJWASCO 10. Godfrey Wabomba Environment and Social Safeguards Reviewer (NWWDA) 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 summary project report study for the proposed drilling of Lambib host Community project borehole for the construction of a community water supply system, 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 5 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 will occur due to project implementation and operation phases, the ESIA project report has been structured to cover areas required under EMCA, CAP 387 and Environmental Impact Assessment and Audit regulations 2003. The report is also consistent with the international best practices. The ESIA project report contains 8 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.  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 redress mechanism  Chapter 10 presents the EIA project study team's conclusions and recommendations. 6 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. 2.1.1 Proposed Scope of the host community Project Borehole The proposed project shall entail drilling of Lambib host community borehole and developing it with an aim of supplying water to about 300 households living in the area. 2.1.1.1 Borehole drilling According to the hydro-geological study report, the Lambib community borehole is proposed to be drilled up to a depth of 130m deep to access the lower bounded aquifer. Preliminary design reports indicate that the borehole should be of 300mm diameter. The drilling is proposed to be carried out at a diameter of not less than 10”, using a rotary type machine. The drilling rig shall be able to drill to a depth of at least 130m, at the specified diameter. The rig and the drilling method adopted must be suitable for drilling through both unconsolidated material, and hard, compact volcanic rocks. 2.1.1.2 Gravel Pack The use of a gravel pack has been recommended within the aquifer zone, because the aquifer was suspected to contain sands or silts, which are finer than the screen slot size. A 10" diameter borehole screened at 8" will leave an annular space of approximately 1", which is sufficient to allow the insertion of fine, quartzitic gravel. The grain size of the gravel pack shall be within the range of 2 to 5 mm, and granules should be rounded to well-rounded. Over 95% should be siliceous. The gravel pack shall be washed down with copious volumes of water to avoid bridging. The best method, which is unfortunately rarely used, involves the insertion with a tremie pipe. 2.1.1.3 Borehole construction The borehole will be installed with 200mm diameter plain casing and similar diameter screens at all aquifer occurring formations of the well. The screen casing shall be surrounded with well graded gravel pack to specifications. In installing screen and casing, centralizers at 6 metre intervals shall be used to ensure centrality within the borehole. This is particularly important to insert the artificial gravel pack all around the screen. The gravel packed sections shall be sealed off at the top and bottom with clay or bentonite seals (2 m). In this case, it is also recommended to install a 3 m long, cement grout plug at the surface, to prevent contamination from entering the borehole. The remaining annular space shall be backfilled with inert material (drill cuttings may be used), and the top five metres grouted with cement to ensure that no surface water at the well head can enter the well bore and thus prevent contamination. 7 Well cover Concrete slab Sanitary casing Groundlevel Groundlevel Cement grout Inert backfill Plain casing Bentonite seal Screens 2-4 mm Gravel pack Bottom cap NB: Not to scale Hydrogeological Courtesy of Schematic survey Design for report Borehole completion 2.1.1.4Borehole equipping An appropriate submersible pump will be installed based on the test pumping results of the respective borehole once drilling is completed. 8 2.1.1.5 Solar Power The size of solar shall be the function of the submersible pump size which in turn is a function of borehole yield and dynamic water level as determined during the test pumping exercise. Although borehole yield anticipated in the area was 7.5m3/hr, recent drilling within the same area showed the average test pumping results are at an average yield of 2.6m3/hr. 2.2 Project Activities as Source of Impacts The implementation of the proposed project is anticipated to consist of various activities such as; drilling of 1No. Borehole, digging of mud pits, install gravelling, casing of borehole, test pumping and solarization of the borehole, 2.3 Materials for use The materials to be used shall include but not limited to; solid casing, screen, gravel pack, sanitary seal, water, cement, sand, solar panels, building stones, hardcore, submersible pump, concrete fencing posts, chain link and barbed wire among other materials. However, the anticipated works will mainly require use of drilling rig. The materials here mentioned shall be for drilling and equiping of the community borehole. Water sampling for both chemical and biological analysis will be done by the proponent upon completion of the well development. However, water treatment will be done during the distribution and this is captured in separate ESIA report covering water supply to Wajir town. 2.3.1 Anticipated Waste material and by-products The anticipated waste materials shall include drilling mud, 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. 2.4 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 design facilities only took into consideration the best industry practices and appropriate technology for implementation. Therefore, the ESIA study team just compared the option of either maintaining the status quo or choosing to drill the borehole for community project to supply the community with water. 2.4.1 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 drilling of 1No. Borehole and the associated facilities will not be done 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 9 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 drilling of the community project borehole to supply water to the community and about 300 household shall not access improved water supply. The proposed project is therefore anticipated to address the challenge of unreliable water supply to the local 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 2.4.2 Project Development Option The implementation of the proposed drilling of community borehole and the associated facilities by WAJWASCO is therefore anticipated to contribute to;  Employment opportunities,  Improved health and hygiene of the local,  reduction of diseases related to poor sanitation and  Provision of improved water services to the community members in about 300 households. 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 measur es 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. 2.4.3 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 in the market in the proposed project facilities and activities of significance are the integration of renewable energy in the design of the project. The use of electricity and generator energy to pump water other than having a foot print to the environment, is expensive to maintain and electricity is unreliable within Wajir town. 2.5 Cost of the Project The estimated cost of the proposed development is about KShs. 5.757 Million2. This cost includes construction materials, labour, environmental and social management and professional support services. The main works considered include: drilling and construction of the borehole, preliminary and general items, solar system, submersible pump and other electrical mechanical works for the borehole and environmental and social management cost 2The estimate cost is according to the figures provided in the design report prepared by East African Engineering Consultants Ltd and Systel Engineering Limited 10 Ite Description Unit Quanti Rate Amount m ty (Kshs (Kshs.) .) 1 Preliminary and General Items Item 1 1,500,000.00 1,500,000.0 0 Borehole drilling, Equipping and 2 Item 1 3,081,500.00 3,081,500.0 Solarization 0 Supply of Submersible well 3 nr. 1 43,500.00 43,500.00 Pumps. Environmental and social 4 730,000.00 management Sub Total 5,756,625 Add 7.5% Contingencies 401,625 Total 5,756,625 11 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Overview The chapter highlights significant policy, legal frame work, international best practice and project implementation and operational institutional framework. 3.2 Project Policy Framework The drilling and operation of the proposed Lambib host community project borehole shall span over several institutions from the National and County Government levels as well as the community. The project activities at different phases will 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 (PDOM) 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 for the local country by the year 2030. It is based communities’ in order to contribute on the 3 pillars of political, social and towards social economic development economic advancement and it aims for human wellbeing in Lambib. to transform the economy and achieve sustainable growth. The vision recognizes the significance of water resources in sustaining the proposed economic growth of the Country. Water and sanitation services provision have been identified as significant in sustaining long-term economic growth, poverty 12 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 proposed resources development such as borehole shall come in hand to NWWDA. The plan indicates that the contribute towards water provisions in development and provision of water the county for socio-economic resources shall be done in an development of the local people. environmentally conscious manner by undertaking EIAs. 3. Water policy, To preserve, conserve and protect The proposed borehole under the Sessional Paper available water resources and community project shall be used for No. 1 of 1999 allocate it in a sustainable rational provision of water resources to local and economic way. The policy communities enhances a systematic development of water facilities in all sectors for promotion of the country’s socio- economic progress. Note; the policy is under review to align to the requirements of the new constitution 4. 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 project Policy (2000) process in the country. within the project area. Therefore decisions 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 5. 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 is the key subject of this report 13 6. 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 within the project 2009. land use planning, restitution of area that shall be utilized by the historical injustices, environmental proposed project facilities. degradation, conflicts, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management 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, managing use of water institutional management from 14 resources, managing of water rights, water resource development to development of facilities, managing water services provision to the the quality of water service consumer at household level. The provision, water related dispute service provider for Lambib resolution and financing of water (WAJWASCO) shall be required to resources development activities. work closely with the following institutions as stated in the Act 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. WRA will issue permit for drilling and abstraction of water as well as monitor the borehole water quantity and quality. 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 service provision in the 2012 highlight the role of the service area under the proposed project. provider in provision of the water supply and waste water treatment facilities on the project. The Rules on the other hand provides for quality services delivery to the 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 15 Commission Act ensuring access to land and land consultation of these Acts. Land 2012 utilization rights. within the project area was noted to be community land. And the local leadership together with the county government will ensure necessary measures are taken to allocate land for the project. 6. The Community The proposed borehole shall be The proposed water project Land Act 2016 drilled on community land, which facilities shall be located on may trigger the Act. Matters dealing unregistered community land, with land at the project site shall be which is held in trust by the guided by the principles and values county government on behalf of set out in this act. The Act in part the communities. The community VIII stipulates the procedure to be members were consulted who adopted in settling disputes and donated the land for the drilling of conflicts involving community land the borehole through signing of in the event of such. voluntary land donation consent forms. 7. Water rules, 2007 The rules govern the various The proposed project borehole stakeholders in provision of water shall be used for domestic use and related services. The rules prohibit watering of livestock within the any activities that may influence project area. negatively the quality of water in a water course. The rules will ensure proper development, delivery of services and conservation of water resources. 8. County Government, The County Government Act The Act guided the consultation Act 2012 provides local governance principles, process to reduce conflicts guides the planning and between project implementing development process, and agency (WAJWASCO) and other community participation in the departments offering support development process. services such as livestock, physical 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 borehole shall be under WAJWASCO which is mandated for water service provision on behalf of the county. The act was also complied with by consulting 16 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 of assist in managing and Coordination Act, environmental issues in the country. coordinating potential CAP 387 environmental issues likely to emanate from proposed project activities during implementation, operation, and decommissioning. The Act shall guide the relationship between WAJWASCO, Drilling 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 drilling for purposes of utilizing groundwater are considered medium-risk. 10. EMCA Waste Provide for management of different An increase in waste generation is Management forms of waste streams in the anticipated during borehole Regulations 2006 country, given that the project drilling, operation, and the activities during implementation, regulations will come in hand to operation, and decommissioning will guide its proper management and result in waste generation. disposal. Some of the regulation requirements has been captured in the ESMP 11. EMCA Noise and The regulations prohibit loud, The proposed community project Excessive Vibration unreasonable, unnecessary, or borehole drilling is anticipated to Pollution Control unusual noise which annoys, have impact on ambient noise Regulations, 2009 disturbs, injures, or endangers the levels within the proposed project comfort, repose, health, or safety of area during drilling and casing, others and the environment. therefore the regulations shall Occupational noise and vibration come in hand to guide noise level need to be controlled during management standards. Some of borehole drilling process. The other the requirements of the sources of noise shall be due to regulations have been vehicle movement that will be incorporated in the project ESMP involved in the construction of the distribution pipelines, particularly 17 during the transportation of materials to the site. 12. EMCA Air quality The regulation prohibits emissions The proposed sub-project is regulations of 2014 of air pollutants exceeding anticipated to compromise air permissible levels from controlled quality within the proposed areas, stationery sources, mobile project area during drilling, sources, occupational exposure, construction of main water pipes material handling, demolition areas, and therefore the regulation shall and waste incineration, open come in hand to guide air quality burning of hazardous waste, or from management standards as cross-border. The regulation also captured in the ESMP. requires that all emissions be licensed. 13. EMCA Water Quality Water quality regulations lay down The proposed project shall ensure Regulations, 2006 the standards of domestic water and the quality of water supplied by waste water. The regulations are the borehole meet domestic water meant for pollution control and quality standards. Comprehensive prevention, and provide for the water quality analysis including protection of water sources. 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 borehole and the Act, 2019 the country in general. The Act read associated facilities has been together with the county synchronized with local government Act 2012 will assist in development needs where the synchronizing the national, local and borehole shall supply water to project physical planning, local school, mosque, for domestic controlling for any possible conflicts. use and livestock watering. 15. Occupational Safety The Acts aim to ensure the safety, The Act shall be applied for the and Health Act, health, and welfare of persons at safety of workers and the general 2007 work and non-workers as well as public to be ensured during cushion workers against loss of project implementation operation, income or livelihood due to and decommissioning phases. occupational accidents or diseases. 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 ensure 1986 (Cap 242 sanitation, hygiene, pollution and that all sanitation, development of Revised edition general environmental health and the borehole and management of 2012) safety which are directly related to the water meets public health water pollution and contamination. requirements. 18 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 Gender The Act seeks to promote gender That Act will guide particularly and Equality equality and prohibit any form of during the project's construction Commission Act discrimination against any; women, and Operation phase to ensure 2011 men, persons with disabilities, the equal access to water and youth, children, the elderly, opportunities for all persons minorities, and marginalized including men, women, girls and communities. boys. 19. Sexual Offences Act, This Act protects people and This legislation will govern the 2006 employees from any unwanted code of conduct of the sexual attention or advances by staff Contractor’s staff and provide members. This act ensures the safety repercussions of any wrongdoing. of women, children, and men from The sexual offense act, 2006 any sexual offences, including rape, supports the Kenya Employment defilement, and indecent acts. Act of 2007 that a worker should not be harassed sexually to receive preferential treatment at the workplace or detrimental treatment on present or future employment 20. 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. Any work that interferes with his/ her education or is harmful to the child’s health or physical, mental, spiritual, moral, or social development. 21. Work Injury Benefits This provides compensation to Requirements of the Act will be 19 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. 22. 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. 3.2.3 World Bank Safeguards Operational Policies (OP) The proposed drilling of the Lambib host community project borehole 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 drilling of the Lambib community water borehole will trigger the World Bank's Safeguards Policies applicable to the project which are mandatory. Table 3-3 captures the Bank’s safeguards policies triggered under WSDP and the proposed drilling of the borehole. 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 WSDP and Proposed Lambib host community project Borehole 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 drilling of and integrated into WSDP and development of Lambib host drilling of Lambib host community project sub-project. community project borehole’s The policy informed ESIA decision making process. The preparation for the community aim is to enhance positive project borehole to guide on impacts and mitigate negative enhancing positive impacts of the impacts of the project. project and mitigating negative ones. 20 To promote environmentally The policy may be triggered under OP 4.04 Natural Habitat sustainable development WSDP project and but not for the through enhancing the Lambib host community project. conservation, maintenance and The proposed borehole and protection of natural habitats associated facilities is sited within and their associated ecosystem an environment with highly services and products for scattered vegetation without human wellbeing and ground cover and with the sustainable social development. opportunity of drilling the borehole without cutting down any trees in the area. Neither will the construction activities associated with borehole development 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 the significance for human well lambib host community project it being is not. The borehole site location is not of any known cultural significance. However, chance find procedure shall be triggered during the drilling of the borehole, in the event that any cultural artifacts are found on site. OP 4.10 Indigenous Peoples To foster participatory design OP is triggered as the community and implementation of project inhabited is Somali people of activities in a manner that Northern Kenya. respects the rights of indigenous The consultation has been carried people, their dignity and way of out in a culturally appropriate life. And to preserve cultural manner and FPIC has been uniqueness so that they receive adhered to. culturally compatible social and economic development to mitigate against any adverse impacts of development process. OP 4.12 Involuntary To avoid or minimize undue The drilling of the borehole will be Resettlement involuntary resettlement and developed in bare community land where inevitable, assist where the community gave displaced persons to improve or consent to the proposed project as restore their livelihoods and indicated in annex I. standard of living relative to pre-displacement levels or to prevailing levels prior to project implementation. 21 World Bank The proposed sub-project Relevant requirements of the Environment, under WSDP triggers: guidelines have been incorporated Health and safety environment, health and into the ESMP guidelines safety issues, and considerations of the general as well as water and sanitation guidelines shall come in hand to guide on the best course of action. World bank policy The World Bank policy on In disclosing information related on access to access to information sets out to member countries/borrower in information, 2010 the policy of the World Bank on the case of documents prepared or public access to information in commissioned by a member its possession. This Policy country/borrower the bank takes supersedes the World Bank the approach that the country/borrower provides such Policy on Disclosure of documents to the Bank with the Information, and took effect on understanding that the Bank will July 1, 2010. make them available to the public. The Policy is based on five 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. 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 22 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, wayleave or land for the borehole and any associated water transmission facilities. Water Services Shall monitor compliance to standards at design, construction, operation and 3. Regulatory Board maintenance of the water 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. County emerging conflicts between borehole water users in the event of such arising Commissioner during project operation. The office shall also resolve strive among the locals and any visiting groups accessing water during drought periods. This is anticipated during influx of communities from other areas seeking livestock 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. 23 Table 3-5: Project Implementation and Operation Institutional Framework No. INSTITUTION RESPONSIBILITY 1. County  The County government through WAJWASCO shall oversee borehole drilling and operation for the sake of community water provision services Government of Wajir 2. WRA  WRA will manage the aquifer water resources through borehole works permitting, collecting monitoring data on the quality and quantity of the water resources of the borehole. 3. Project  Shall manage the drilling and construction contract on behalf of the client WAJWASCO by supervising the drilling contractor. Supervising  Oversee the implementation of safeguards management plans on site and consultant 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 4. WSDP-NWWDA supervision and shall; Safeguards  Assist to ensure construction activities are carried out in line with national Specialists laws, World Bank safeguards operational policies and approved safeguards instrument (ESIA) prepared under the project.  Prepare training materials and carry out technical trainings on environmental and social safeguards requirements to the contractor.  Review Contractor’s 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 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. 5. Project  In liaison with the project supervising consultant to ensure acquisition of all statutory permits or licenses required for any activities at the drilling Implementing and 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 drilling site.  Prepare a C-ESMP, ESHS plan and solid/Waste water management plan during drilling in compliance with approved ESIA, National laws and World Bank safeguards operational policies. The contractor shall be 24 required to implement and comply with the requirements of the approved documents.  Keep a daily diary of safeguards implementation and complies activities at the drilling site. 6. 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 Several safeguards tools have been prepared to assist in implementing environmental management and sustainability requirements on the project. Several institutions as captured in Table 3-5, will play differing roles as captured in the same table. The ESMP in this report and the C-ESMP to be prepared by the selected 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 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. In addition, the supervising consultant and the contractor will be required to promptly report any major incidents on site to the Employer and to the Bank as well as to relevant authorities as soon as possible, within 24 hrs of the incident occurrence. The supervising consultants shall on a daily basis supervise the implementation of the C-ESMP and ESMoP. The NWWDA Environmental safeguards consultant together with WAJWASCO safeguards team shall also conduct regular and impromptu monitoring to ensure that all the requirements of the World Bank and National laws are adhered to. The progress reports prepared shall be on weekly basis. Project implementation team from the ministry of water and sanitation shall also conduct monitoring visits to advice on the progress of the project. 3.5 Contract Management, Administration and Conflict Resolution The 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. 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 contractor shall be required to capture all the cost associated with ESMP in the C-ESMP. 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. Disputes shall be settled amicably through a mutual engagement process that shall be specified in the contract. However, if any dispute 25 arises related to the contract which cannot be resolved amicably among the aggrieved parties, the matter maybe referred to a competent adjudication/arbitration person or institutions in accordance to national laws related to contract management. The identification of an institution or person or procedure agreed upon by the aggrieved party shall be guided by dispute settlement clauses in the contract. 26 4 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS 4.1 Over View This chapter describes the existing environmental and social baseline conditions within the proposed drilling of Lambib host community project borehole and the associated facilities’ 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 drilling of lambib host community project borehole for supply of community water at Lambib is located in Wajir County, Wajir East Sub-County and within Khorofharar ward. The borehole shall be drilled at Lambib in Lambib sub-location within Arbaqeranso location. The land for the development of the borehole is community land measuring 50 by50 meters with a coordinate of UTM 37 N 0626232; 0192820 and Elevation of 262. The location map of the project site is as indicated in Figure 4-1. 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. Lanbib lies approximately ten kilometers from Wajir on the road from Wajir to Bor as shown below. Figure 4-1: Lambib Community borehole location Map 27 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 March 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 28 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 months 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˚C3. 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 3 The figure was noted to be consistent with UNHBITAT East Africa Climate data and guidelines for bioclimatic Architectural design, 2016 29 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 generates a force that will influence the elevation steel tank and it positioning. 30 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. 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. 31 Figure 4-6: Average Daily Radiation source FAO CLIMWAT database (November 2021) at Wajir weather station. 4.3.2 Hydro-Geological Survey The hydro-geological systems within the proposed project area was found to consist of three aquifers: an upper water table aquifer of 4-16 meters, and two lower confined aquifers of 25-40 and 80-100 meters deep, that were expected to be recharged through the infiltration of annual precipitations, and seepage along a major drainage ( Lagha Bor) in the area. In the geophysical investigation carried out in the proposed project area, Vertical electrical sounding were employed using ABEM SAS 1000, to study the progressive change of resistivity with depth to locate zones of weathering or fracture that were regarded as good potential borehole development site. These vertical electrical soundings were used to probe to 130 or 160 meter below where no aquifer is expected. Based on the hydro-geological and geophysical investigations, it is recommended that the borehole can be drilled at the proposed site and indicated in the hydro-geological report attached as annex IV. The borehole was to be drilled to 130 meters. The findings of the survey noted that groundwater quality in the area was expected to be slightly mineralized, but suitable for the proposed use. 4.3.3 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 32 along the road as was reported during community consultation and as highlighted in Plate 4-3 to 4-4. Haphazard waste disposal was also evident in the area as captured in Plate 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 borehole drilling, construction of the associated community water supply 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 drilling rig and the contractors camp. But despite this and given the size of the proposed community borehole and associated 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 offices. Wajir town 33 Plate 4-4: Inadequate waste management at Plate 4-3: Burning of waste at Lambib Lambib. 4.3.4 Excessive Noise and Vibrations Noise pollution possesses both auditory and non-auditory effects on the exposed population. Lmbib 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 noise receptors other than the local residential areas which were about 500m from the proposed borehole drilling points. However, it is anticipated that the borehole drilling rig shall lead to increased noise levels within the proposed project area. However, given the drilling duration, the noise impact is anticipated to be temporal. 4.3.5 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 (Plate 4-6) passing at the centre and its environs. The area has no ground cover vegetation as highlighted in Plate 4-5 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 mud particulate matter from the drilling rig and 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, drilling machines and equipment 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. 34 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 indicated in Plate 4-7 and Comiphora myrrh as shown in Plate 4-8. The vegetation within the borehole 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 an endangered species. 35 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 drilling 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 borehole 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 project borehole site was considered to be a natural habitat and no significant modifications had been made to the physical environment either for human settlement or developments. The main land use was livestock grazing, 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. 36 4.4.4 Visual Impacts The project area was noted to be natural and without anthropogenic objects. But introduction of the proposed project facilities is particularly the solar panels is anticipated to change the landscape scenery of the area of interest due to artificial objects not being consistent with the background scenery. However, this can be compensated by use of materials with hue consistent with the background area or planting of vegetation consistent with site area, around the perimeter of the borehole site. WAJWASCO through the social safeguards team should also consider keeping consulting the local community to understand their perception and suggestions of what need to be done. 4.5 Socio-Economic Baseline Conditions 4.5.1 Administrative units The proposed drilling of community project borehole for supply of community water at Lambib is located in Wajir County, Wajir East Sub-County and within Khorofharar ward. The borehole shall be drilled at Lambib in Lambib sub-location within Arbaqeranso location. During Baraza meeting, the community members indicated that the project will serve communities even from outside the project area particularly neighbouring 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. 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. 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 the 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 37 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 4-14. Table 4-1: Literacy Level Attained in Wajir East Sub-County Level of Male Female 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 2.1% 53.5% 46.5% Sub-county 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 unimproved 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, key informant interview and focused group discussion 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 4The data shown on the table was extracted from 2019 Kenya population and housing census Volume IV specifically table 2.4 38 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 does not have any industrial activities 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 community project borehole 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 findings, 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 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 39 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 drilling of the community project borehole and the associated project facilities through signing of the land consent forms. The agreement documentation authorizing the location of the borehole was part of associated water supply and sanitation facilities. The associated facilities include constructing 1 No. elevated still tank, 2.14km distribution main, 6No. Water kiosks 6 No. cattle troughs, 15 No. ecosan toilets to vulnerable households and fencing around the borehole, was as indicated in Annex II. Although the community discussion meeting was for all the host community project components, it should be noted that the impacts of the associated water supply works and sanitation facilities were assessed in a separate ESIA project report. 4.5.5 The Main Water Sources Community consultation findings and field survey observations indicated that the main water sources within the project area are ground water shallow wells as indicated in Figure 4-7 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%. The area is yet to receive any improved water supply and the project is perceived as a timely opportunity by the local community members. Figure 4-7: One of community shallow well in Lambib 4.5.6 Water Source Reliability The existing community water supply sources were reported not reliable at the time of the study. 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 40 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. 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 focused group discussions and key informant interviews revealed several vulnerable and marginalized persons/individual among the population in the proposed project area including; the elderly, children, persons with disability, widows, very poor, orphans and youth. 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 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 will make deliberate efforts to ensure the VMGs access water services. 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 in the general Wajir County. The local people are usually 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. 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 conflict with the cultural practices of the local people, they shall contribute towards its sustainability. 41 4.5.9 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. 42 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 users and in this regard, considered active involvement of all the 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 meeting (Baraza). 5.3 Key Informant Interviews This section highlights the summary of key observation made by purposively selected key informant officers consulted during the study. The number of officers consulted and the discussions were as indicated in Table 5-1 Table 5-1: Summary of Key Informant Interviews No. Key Informant Summary of Remarks Interviewed 1. Kenya Wildlife Officer The officer acknowledged that the project will impact wild life in a 5.6 radius. He said wild animals will benefit from community water ponds 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 no 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 43 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. 2. The Social Welfare The officer indicated that formation of social welfare groups is not very officer 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. 3. Land and Physical The officer reported that there is no land use zonation of the proposed planning officer 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 to the extent of according the county governments authority to determine land uses. Land issues in the counties are guided by the national laws and policies. 44 4. 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 hurt), 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. 5. County Environment The officer declined to give any comment on waste management and Natural practices. He observed that waste management is a component that was given to Wajir town municipality. On the key environmental issues of Resources Officer 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 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. 5.4 Lambib Community Baraza The community baraza 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 baraza was organized by the area chief in consultation with the village elder in Lambib and was held on 18th March 2021 at the project site as indicated in Plate 5-1 and Plate 5-2. Community members were invited to participate in the meeting as indicated in the attendance list in Annex III. The meeting 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 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 considered timely by the community members. The meeting discussions were guided by the social safeguards expert from 45 WAJWASCO and some of the observations made by the participants were as captured and detailed in Annex II (it is critical to note that though this SPR report focuses on drilling and development of the community borehole, the meeting discussions in the minutes also captured the water works and the ecosan facilities in the same meeting. However, these other works were assessed in a separate ESIA report). A summary of the feedback includes;  During the meeting, it was observed that land had already been allocated to the project and the community had signed community land resolution and consent forms for land use.  The community members who were to benefit from the other component of the project were to sign consent forms as it were to be guided by WAJWASCO social safeguards expert.  It had been agreed that the community project borehole was to be managed by WAJWASCO  The community members made a request of being given 90days grace period 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 discussions proceedings during community baraza. 46 Local Women following Proceedings 5.5 Summary of Issues Raised during baraza 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. Payment for the water services It was agreed that WAJWASCO shall give the community a grace period of 90 days (3 month) to use the water for free. Community fear of the borehole The shallow aquifer will be protected with a plane affecting the shallow aquifer if casing so as to safeguard the water in the supper the drilling is not done properly aquifer not to sip in to the ground aquifer at the lower level. The borehole shall draw the water from the lower aquifer and the two aquifers to not share the same table. 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 Contractor shall be required to have a safety plan issue of great concern during the Use of PPEs was identified as an important way of construction and operation protecting the workers against accidents. 47 phases. Workers in the site were Locals were asked to keep off the construction site in identified as the most vulnerable order to avoid accidents. to 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 shall have group insurance cover. 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 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 HIV/AIDS and other measure. communicable diseases Provision of condoms to the workers. Sensitization of the community against the risk of contacting diseases like HIV AIDS 48 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 and Table 6-2. 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.  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.  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. Portable water sources are limited in most parts of the study area. Implementation of the project will provide an opportunity to improved access to water hence reducing time and distance travelled to fetch the commodity particularly by women and the girl child.  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.  Improved Water Reliability: The proposed additional water sources will improve the reliability of the existing supply where locals reported drying of the shallow wells in the area.  The vulnerable groups in the community make tremendous physical and financial efforts to access portable water. 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. 6.3 Negative Impacts of the proposed Project The proposed project focuses on the drilling of community borehole. The implementation and operation of the proposed project activities is anticipated to results to negative impacts highlighted below; 49  Public Safety: Public safety issue is anticipated to arise during borehole drilling, at construction site, movement of machines and equipment to and from site may lead to injuries or accidents to livestock, wildlife or the public.  Air quality: It is anticipated that exhaust fumes and dust emission will be generated during drilling and construction works of the proposed borehole facilities.  Excessive Noise and Vibrations. Drilling rig is anticipated to generate high level of noise impacting mainly workers working on the rig as the nearest homestead form the site is about 500m. Noise shall also be from movement of contraction vehicles on site.  Occupational Health and Safety (OHS): Accidents may occur on site causing injuries during implementation of the project works affecting the workers  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 contractor’s camp, construction waste and drilling mud. 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 Prosopis julflora (mathenge). However, there is a risk if the construction machines and equipment shall 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 borehole drilling and construction equipment. Spread of invasive species is often associated with loss of indigenous species, injury to animal and local people  Game meat poaching and injury and accidents to wildlife: Free range wildlife was noted on site and the site workers may be tempted to engage into game meat poaching. There could be knocking of wildlife in the area by moving vehicles.  Leakage and spillage: Leakage and spillage from the contractor’s drilling rig (machines and equipment) is anticipated at the site during borehole drilling and construction of the associated facilities.  Increase in waste water: Test pumping of the borehole shall lead to high waste water depending on the quality of water struck. However, this shall be temporal and restricted at project implementation phase. The proposed mitigation measures for the above impacts are discussed in Table 6-1. 50 Table 6-1; Mitigation Impacts and measures during project Implementation phase No ANTICIPATED NEGATIVE IMPACT RATING MITIGATION MEASURES IMPACTS 1. Public Safety Impact is minor  Ensure the safety of residents by providing safety Public safety issues are anticipated The impact is temporal and will be of local signs at strategic places around the access roads. to arise during borehole drilling, at scale given the volume of works,  hording off working sites to protect the public or construction site, movement of anticipated contractor machines and unauthorized persons machines and equipment to and vehicles on site.  Reduce unnecessary speeding to prevent accidents from site, movement of construction from the movement of pedestrians or livestock in vehicles. the area. 2. Air quality Impact is low  Workers to use masks when working in dusty The impact is temporal and will be of local conditions. It is anticipated that exhaust fumes scale given the volume of works,  The community members to be discouraged from and dust emission will be generated anticipated contractor machines and going to site to watch drilling or construction during drilling and construction vehicles on site activities works of the proposed borehole  Consider shielding wind impacts during drilling to facilities. reduce mad particulate matter being blow away if it’s in the direction of settlement.  Reduced speeding on the dusty roads  Construction vehicles to have catalytic devices to ensure complete burning of waste gases,  proper servicing of vehicles and Construction machines  Use all means possible to suppress dust if considered to be a menace during excavations 3. Impact is Moderate  The community members to be discouraged from Excessive Noise and Vibrations. The impact is temporal and will be of local going to site to watch drilling/construction Drilling rig is anticipated to generate scale given the volume of works, activities high level of noise impacting mainly anticipated number of contractor  Machines and equipment to be fitted with workers working on rig. Noise shall machines and vehicles on site. silencer/muffler devices where possible, also be from movement of  Using equipment and machines with low noise 51 construction vehicles on site However, water drilling rig generates high emission. amount of noise and given the number of  switching off vehicles and machines when not in hours the workers spent on site could have use, substantial impacts.  avoiding unnecessary hooting,  Workers to be provided with personal protection equipment earplugs.  Reduce working hours for the workers on site during drilling by having working shifts  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. 4. Occupational Health and Impact is low  Contractor to develop a site safety action plan Safety (OHS). The impact is temporal and will be of local detailing safety equipment to be used, emergency scale given the volume of works, procedures, restriction on site, frequency, and Occupational Health and anticipated volume of contractor personnel responsible for safety inspections and Safety (OHS). Accidents may occur controls. This should be ready and approved by on site causing injuries during machines and vehicles on site the supervising engineer before commencing implementation of the project works works affecting the workers.  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 (OSHA) 2007 and its Subsidiary Legislations.  Provide appropriate personal protective equipment (PPE) to workers and training on appropriate use. (Reflective jackets, helmets, face 52 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 shall be required to have WIBA insurance policy to cushion self and workers against loss of income in an accident on site.  Provide clean drinking water for the workers to mitigate against dehydration. 5.  Preparation of waste management plan to guide Solid waste generation Impact is low The volume of works are low and the team waste management and disposal activities, The main source of waste shall be incorporating segregation of hazardous from non- the contractors camp, construction onsite is also anticipated to be small hazardous wastes. waste, drilling mud and cuttings  Reuse of all soil cuttings from the excavation works  Proper disposal of waste from the contractor’s camp  Disposing off contaminated soils in cutting pit if volumes are low.  The contractor to develop site specific incident management or response plan in the event of hazardous waste contamination (used tyres, Oil and Fuel filters).  6. Spread of invasive species.  Regular monitoring of the project site for the spread Impact is low Spread of invasive species, loss of Prosopis juliflora was noted in Wajir town of alien plant growth and in the event of such indigenous species, injury to animal observation, employing relevant management and can easily be spread due to project practices e.g uprooting young plants or burning to and local people related activities. Particularly when the rig control the spread of the plant. and drilling equipment are contaminated  Raw materials used for construction such as sand and rocks should be sourced in areas where there are no invasive species.  Equipment required for the drilling and 53 construction works should be clean and free from any alien plants and mud which may contain seeds or tuber of alien species.  Create awareness among the local community on management of the spread of the invasive species.  7. Leakage and spillage  Development of site-specific incident management Impact is low Leakage and spillage from the or response plan. The low volume of works anticipated to contractor’s drilling rig, machines  Taking all measures possible to reduce any spillage attract a low number of machines and equipment is anticipated at the and have emergency spill response kit on site, with staff trained on emergency spill response site during borehole drilling and  In the event of hazardous waste leakage or spills, construction of the associated engage authorized waste handlers to dispose facilities. contaminated soils.  Disposing off contaminated soils in cutting pit if volumes are low.  Use of NEMA licensed waste handlers to dispose hazardous wastes in licensed disposal areas. 8. Game meat poaching and injury Impact is low  Sensitization and awareness creation among to wildlife workers on the illegality of the action and criminal The impact is temporal at implementation charges. Prohibitions to be incorporated in the code and the drilling and development of the of conduct borehole is anticipated to take short time of less than a month  The movement of construction vehicles to be restricted to day time  Reporting of any incidents involving injury or game meat poaching to KWS  Engaging local conservation groups to conduct monitoring during project implementation period  Sensitization of the local community members to participate in monitoring and reporting any illegal activities against wildlife 9. Increase in waste water Impact is minor  Create awareness on reusing waste water for kitchen Test pumping of the borehole shall The impact is temporal at implementation gardening or tree planting lead to high waste water depending but could be fatal if the livestock is  Do not allow any livestock to drink water during test watered on test pumping waste water yet pumping before the quality is ascertained. 54 on the quality of water struck. the quality is not right.  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. 10. Covid-19 Minor  The Contractors will develop standard operating In the event that one of the The drilling and equiping of the borehole procedures (SOPs) for managing the spread of contractor’s workers has covid-19 are anticipated to take less than 5 days. Covid-19 during project execution and submit them virus then it can spread so fast However, in the event of infection, the for the approval of the Supervision Engineer and the Client, before mobilizing to site. The SOPs shall be between workers and any other virus has a potential of spreading quickly in line with the World Bank guidance on COVID-19, persons who come in contact with Therefore the impacts are anticipated to Ministry of Health Directives and site-specific infected persons. There is also a be low. project conditions; possibility of the community  Mandatory provision and use of appropriate members infect workers 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 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.; 11. Spread of COVID-19 amongst Minor  Electronic means of consulting stakeholders and community members during The drilling and equiping of the borehole holding meetings shall be encouraged, whenever consultation processes are anticipated to take less than 5 days. feasible. One-on-one engagements with However, in the event of infection, the stakeholders while observing social distance and adhering to PPE wearing shall be enforced; virus has a potential of spreading quickly.  Avoid concentrating more than 15 community 55 Therefore, the impacts are anticipated to members at a venue. Where two or more be low. participants are gathered, maintain social distancing of at least 1.5 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 & Chart groups.  Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 12. HIV/AIDS Low  Promote HIV/AIDS prevention messaging If any local person engages with a The drilling and equiping of the borehole  Install HIV testing services at the construction site worker sexually there could be a are anticipated to take less than 5 days.  Support infected workers with ARVs possibility of infection in the event of Therefore, the impacts are anticipated to  Peer counseling services at the site an infected party. There it will be be low advisable to take precautions because the impacts take long that it’s hard to link the HIV/AIDs infection to the source. 56 13. GBV/SEA Low  Ensure clear human resources policy at the site Due to opportunities presented by The drilling and equiping of the borehole against sexual harassment that is aligned with the project, the vulnerable may be are anticipated to take less than 5 days. national law taken advantage off Therefore, the impact is anticipated to be  Integrate provisions related to sexual harassment low in the employee COC  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 drilling works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse 14. Grievance Redress Low  Establish community grievance committees at the The local community, contractor, The drilling and equiping of the borehole site client (WAJWASCO) or any other are anticipated to take less than 5 days.  Ensure contractor staff grievance structures exist aggrieved party due to project Therefore, the impacts are anticipated to activities need to be aware of the be low structures of expressing their grievances Table 6-2: Impacts and Mitigation Measures during project Operation phase No ANTICIPATED IMPACT RATING MITIGATION MEASURES NEGATIVE IMPACTS 1. Spread of COVID-19 Minor  WAJWASCO to develop standard operating procedures (SOPs) for amongst community There shall be little activities at the managing the spread of Covid-19 during project operation on COVID-19, 57 members during borehole site during operation. The in line to Ministry of Health Directives and site-specific project operation phase use of the borehole is anticipated to conditions; be by the local people which will  Mandatory provision and use of appropriate Personal Protective reduce the risk of spreading virus Equipment (PPE) shall be required for all project personnel including workers and visitors at the borehole site;  Maintaining social distance during operation and maintenance activities  Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work 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.; 2. Spread of invasive  Regular monitoring of the project site for the spread of alien plant growth Impact is low species. and in the event of such observation. Prosopis Julflora was noted in  Create awareness among the local community on management of the Wajir town and can easily be spread spread of the invasive species. due to project related activities. The  Employing relevant management practices e.g. uprooting young plants. project site if infected will spread in the area 3. Over Exploitation of Impact is moderate  Adhere to the amount of water allocated in the authorization/water the water aquifer Borehole within the project area abstraction permit by WRA.  Sensitization and awareness creation among WAJWASCO workers have low yields at an average of 2.6m3/hr as was noted from the and the community at large on water conservation principles.  Monitor water levels regularly recent test pumping.  Promote efficiency in water use  Conduct regular water quality analysis.  Install a master meter 4. Occupational health  Ensure compliance to Occupational Safety and Health Act (OSHA) and its Impact is low and safety There shall be low operation and Subsidiary Legislations standards. maintenance activities at the  Provide personal protective equipment to operation and maintenance borehole site. The activities at the workers. borehole site shall be of low risk  Ensure all electrical wires are properly insulated.  Recording all injuries that occur on-site to workers while doing their daily 58 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 borehole.  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. 5. Increase in waste  Create awareness on reusing waste water for kitchen gardening or tree Impact is low water planting The water use is mainly for  Do not allow any livestock to drink water during test pumping before the domestic usage purposes which are quality is ascertained. not anticipated to produce a lot of  Create awareness and sensitization among the locals on the possibility of waste water. risks posed by test pumping water to livestock.  WAJWASCO to consider construction of waste management and treatment system in the long-term. 59 7 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) 7.1 Over view This chapter captures the environmental and social mitigation measures for the anticipated negative impacts. The ESMP capture the impacts, receptor, proposed mitigation measures, institution responsible for the mitigation, frequency and the budget. Table 7-1 and Table 7-2 below show the anticipated impacts, proposed mitigation measures, the institutions responsible, the period within the project life cycle when the action is to be undertaken and estimated possible cost of the action. 60 Table 7-1: Environmental and Social Management Plan (EMSP) at Constrution Phase NO ASPECT POTENTIAL RECEP MITIGATION MEASURES RESPONSIB BUDGET IMPACT TOR ILITY (KES) 1. Public Injury and communi  Ensure the safety of residents by providing safety Supervising Part of Safety accidents ty signs at strategic places around the access roads. engineer and drilling members  Hoarding off working sites to protect the public the contractor cost and or unauthorized persons Livestock  Reduce unnecessary speeding to prevent accidents from the movement of pedestrians or livestock in the area. 2. Air Air quality communi  Workers to use masks when working in dusty the contractor 40,000 quality degradation ty and conditions. and workers  The community members to be discouraged from supervising going to site to watch drilling or construction activities engineer  Consider shielding wind impacts during drilling to reduce mad particulate matter being blow away if it’s in the direction of settlement.  Reduced speeding on the dusty roads  Construction vehicles to have catalytic devices to ensure complete burning of waste gases,  Proper servicing of vehicles and Construction machines  Use all means possible to suppress dust if considered to be a menace during excavations 3. Excessive Psychological Workers  The community members to be discouraged Project 50,000 nuisance and and from going to site to watch drilling/construction supervising Noise and activities Vibration damage to communi engineer s.  Machines and equipment to be fitted with hearing ty silencer/muffler devices where possible,  Using equipment and machines with low noise 61 members emission.  switching off vehicles and machines when not in use,  avoiding unnecessary hooting,  Workers to be provided with personal protection equipment earplugs.  Reduce working hours for the workers on site during drilling by having working shifts  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. 4. Occupatio Injury and Workers  Ensure safety of the construction workers by Contractor 200,000 nal Accidents putting first aid area and injury reporting and Health mechanism and  Ensure compliance to Occupational Safety and supervising Safety Health Act Cap. 514 and its Subsidiary consultant (OHS). 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 accident on site. 62  Provide clean drinking water for the workers to mitigate against dehydration.  Contractor to develop a site safety action plan detailing safety equipment to be used, emergency procedures, restriction on site, frequency, and personnel responsible for safety inspections and controls. 5. Solid Littering Water, air,  Reuse of all soil cuttings from the excavation Contractor Part of environment soils, works and constructi waste generatio and Flora,  Proper disposal of waste from the contractor’s supervising on cost n contamination Fauna and camp local  Disposing off contaminated soils in cutting pit if engineer communit 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 activities. 6. Game killing and Wildlife  Sensitization and awareness creation among Local 100,000 meat workers on the illegality of the action and criminal community injury poaching charges. Prohibitions to be incorporated in the members, and code of conduct  The movement of construction vehicles to be conservation injury to restricted to day time groups, wildlife  Reporting of any incidents involving injury or contractor game meat poaching to KWS and project  Engaging local conservation groups to conduct monitoring during project implementation period supervising  Sensitization of the local community members to consultant participate in monitoring and reporting any illegal activities against wildlife 7. Spread of Loss of Indigenou  Regular monitoring of the project site for the Contractor 100,000 invasive indigenous s plants, spread of alien plant growth and in the event of and species. local such observation, employing relevant 63 species and people management practices e.g uprooting young plants supervising injury and or burning to control the spread of the plant. engineer livestock  Raw materials used for construction such as sand and rocks should be sourced in areas where there are no invasive species.  Equipment required for the drilling and construction works should be clean and free from any alien plants and mud which may contain seeds or tuber of alien species.  Create awareness among the local community on management of the spread of the invasive species. 8. Leakage Contamination Soil,  Development of site-specific incident management contractor Part of and and pollution water, or response plan. and constructi spillage plants and  Taking all measures possible to reduce any supervising on cost air spillage and have emergency spill response kit on site, with staff trained on emergency spill response engineer  In the event of hazardous waste leakage or spills, engage authorized waste handlers to dispose contaminated soils.  Disposing off contaminated soils in cutting pit if volumes are low.  Use of NEMA licensed waste handlers to dispose hazardous wastes in licensed disposal areas. 9. Covid-19 infection or workers  The Contractors will develop standard operating Supervising 20,000 Spread of loss of life and procedures (SOPs) for managing the spread of Engineer and COVID-19. members Covid-19 during project execution and submit them for the approval of the Supervision Engineer Contractor During of the public and the Client, before mobilizing to site. The SOPs constructio shall be in line with the World Bank guidance on n at work COVID-19, Ministry of Health Directives and site- sites specific project conditions;  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; 64  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 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.; 10. Spread of infection or Commun  Electronic means of consulting stakeholders and Supervising 20,000 COVID-19 loss of life ity holding meetings shall be encouraged, whenever Engineer and amongst members feasible. One-on-one engagements with stakeholders while observing social distance and Contractor community adhering to PPE wearing shall be enforced; members Stakeholder  Avoid concentrating more than 15 community during members at a venue. Where two or more Engagement consultatio participants are gathered, maintain social Expert/ n processes distancing of at least 1.5 meters (5 feet); Communicati  The team carrying out engagements within the communities on one-on-one basis will be provided on specialist. 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 65 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. 11. GBV/SEA Injury Vulnerab  Ensure clear human resources policy at the local leaders, 100,000 risks le site against sexual harassment that is aligned contractor, /Child persons with national law supervising labour in the engineer and  Integrate provisions related to sexual communi harassment in the employee COC WAJWASCO ty.  Ensure appointed human resources local CBO/ personnel to manage reports of sexual NGO harassment according to policy  The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in the drilling works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse 12. Grievanc Conflict All  Establish community grievance committees Local leaders, 100,000 e between project at the site contractor, Redress affected parties stakehold  Ensure contractor staff grievance structures supervising ers exist engineer and  Create awareness of the existence of the site WAJWASCO 66 Table 7-2: Environmental and Social Management Plan (ESMP) at Operation Phase NO ASPECT POTENTIAL RECEP MITIGATION MEASURES RESPONSIBI BUDGET IMPACT TOR LITY (KES) 1. Spread of loss of indigenou  Regular monitoring of the project site for the WAJWASCO Part of invasive indigenous s plants, spread of alien plant growth and in the event of and local operation cost species. local such observation. species and communities people  Control of livestock movement into the project injury and area from infested areas livestock  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. 2. Over intrusion of the water  Adhere to the amount of water allocated in WAJWASCO Part of Exploitati salty water, aquifer the authorization/water abstraction permit operation on of the depletion or by WRA. phase water lowering of the  Monitor water levels water table, ,  Ensure efficiency in water use aquifer  Conduct regular water quality analysis 3. Occupation accidents or workers  Ensure compliance to Occupational Safety and WAJWASCO Part of al health injuries Health Act Cap. 514 and its Subsidiary construction and safety 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.  Creation of awareness and training of workers 67 on site safety and first aid skills.  Hiring employees with proper qualifications for specialized and risky tasks during operation and maintenance of borehole.  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 contamination local  Create awareness on reusing waste water for WAJWASCO and Part of in waste and pollution people, kitchen gardening or tree planting Local operation cost water water  Do not allow any livestock to drink water Communities course during test pumping before the quality is ascertained. 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. Based on as build, the contractor and the project supervision engineer shall prepared indicative cost of the operation and maintenance and the proponent should budget for the implementation as proposed. 7.2 Decommissioning After the borehole drilling works are complete, the borehole will be handed over to WAJWASCO. If the borehole for some reason becomes obsolete due to dry borehole, inadequate water, poor water quality, inadequate borehole development/collapsing or legal issues. Before the project decommissioning is considered, WRA will carry out a review of the project after five to seven years from when the project operations started. In between this period, mini reviews will be done on annual basis. In case a decision is made to abandon the borehole, then a decision should be made on whether to cap it or backfill the entire borehole and remove the submersible pump and other installations. The decommissioning cost will be prepared during the preparation of the decommissioning ESMP plan. 68 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 . 69 Table 8-1: Environmental And Social Monitoring Plan (EMoP) PARAMETER/ LOCATION MEANS OF MONITORING FREQUENCY RESPONSIBLE AGENCY ACTIVITY IMPLEMENT SUPERVIS ED BY ED BY Occupational Health Drilling site Visual inspection of first aid area, injury Daily Contractor Project and Safety reporting mechanism, WIBA insurance supervising cover, appropriate use and wearing of PPE, consultant 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 Drilling and Appointing covid-19 champion or marshal, Weekly Contractor Project management at operation regular fumigation of common area and supervising phase shared tools, sanitizing and hand washing consultant area and equipment, isolation area, covid-19 PPE, visual inspection of social distance Public health and Areas visual inspection of site for; safety signs at Weekly Contractor Project safety surrounding strategic places, cordoned off working sites supervising the to protect the public or unauthorized consultant construction persons, usage of signs and warnings on site. sites with high risks, enforcement of low speeds of construction vehicle and 70 consideration of wind action. No of reported injuries and accidents and No. of grievances reported. Leakages and spills Contractor Visual inspection of hazardous waste Weekly Contractor Project yard, drilling leakage or spills to soils on site, records of supervising site and cutting pits for disposed of contaminated consultant soils, Developed site-specific incident construction management or response plan. site Noise and vibrations Drilling and Use equipment with low noise levels or Weekly Contractor Project construction fitted with mufflers. Visual inspection of site supervising site for use of PPE, use of sound proof materials, consultant notices to public on noisy drilling activities, restricting noisy activities day time (drilling schedule) and regular measurement of noise levels through mobile phone gadgets. Physical inspection of vehicles records to Air quality Drilling/const Daily Contractor Project ensure meets emission requirements, Use of ruction site masks while working in dusty conditions, supervising and along members of the public on site watching, consultant construction shielding wind impacts during drilling, low vehicle speed of construction vehicle, catalytic movement devices on vehicle and dust suppression on routes site Waste generation drilling/const Visual inspection of; sanitation facilities for Monthly contractor Project ruction site human waste management, amount of supervising waste correctly disposed, Visual inspection consultant of haphazard littering, practicing of waste avoidance, reduction, reuse and recycle, 71 designated waste transfer stations onsite, documented approved waste dumping site, presence and compliance to implementations of site-specific waste management plan. Conflict among Operation Guidelines regulating access to water Annually Deputy County resources by the various interest groups. provincial water resource users site and meeting held by GRCs to resolve conflicts administration Commissioner livestock over water access services watering points HIV/AIDS Drilling site HIV/AIDS prevention and awareness Weekly Contractor Project prevalence campaign; as well as HIV/AIDS testing supervising facilities and clinic at the site consultant GBV/SEA risks Drilling site Training of all workers at the construction Weekly Contractor Project /Child labour site and signing of code of conduct supervising prohibiting GBV/SEA/Child labour consultant prevention Labour and Drilling site Physical counts and inspection of records Weekly Contractor Project employment-related and on; No. of locals employed on the project supervising issues contractor’s from the employment records. consultant/ office No. of Grievance recorded from employees WAJWASCO and how they were addressed The total estimated cost for the implementation of the ESMP and ESMoP is about KES 0.73M. However, the actual costs shall be prepared by the contractor and captured in the C-ESMP, as requirement for the Construction Phase, the ESMP will be incorporated in the bid documents. 72 9 GRIEVANCE REDRESS 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 GRM 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 GRM 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, 73 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 grievance management. 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 GRM 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) 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 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 74 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. Chairman: Chief Executive, Lands Housing and Urban Development ii. Secretary: Deputy County Commissioner iii. A specially delegated representative from WAJWASCO 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: 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 75 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 GRM 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 run 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. 76 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. And as part of corporate social responsibility, it was proposed that a community project borehole to be drilled to supply the local people from Lambib area with improved water supply. The local people currently access water from shallow wells which are affected by the recurrent droughts. 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. Consultations findings showed that the local community are eagerly anticipating the implementation of the project. The proposed project area showed characteristics of natural habitat though near settlements. The environmental and social assessment findings indicated that the project impacts are of low impacts. The drilling activities of the community project borehole, 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 resettlement. The borehole will be situated within community land which the locals have been engaged and a community resolution and consent for land usage obtained. There are no structures in the proposed project areas and the land is not in use. Any local community issues that may arise will be address through the implementation of a Grievance Redress Mechanism (GRM). 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 Drilling and development of the proposed community project borehole together with the water supply 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 to ensure full implementation of ESMP and EMoP proposals during implementation, operation and decommissioning stages of the project as will be required.  The contractor should not allow any use of the water particularly test pumping water before conducting water quality tests and found fit for consumption, which could not be ascertained at the time of this study. 77  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 later 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. 78 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 79 12 ANNEXES I. COMMUNITY LAND RESOLUTION AND CONSENT FORM FOR LAND USAGE PERMIT.  Both English and somali format of the community land resolution and consent form for land use permit. 80 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 81 No. of Months of free water to be received 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 S ewerage 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: 82 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. 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. 83 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. . 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. 84 2. 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) 85 Name ID/No. Signature & R/Stamp 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 86 87 88 89 90 91 92 93 94 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: ______________________ 95 II. MINUTES FOR COMMUNITY BARAZA 96 Minute of a meeting held in Lambib chief office on 18 th march 2021 at 3:00pm. Present members  Present community members in the attendance list attached below. MIN1: INTRODUCTION The meeting kicked off 3:00pm with a word of prayer from the area chief and thereafter 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 specialist 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. 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 50M 3 that will be constructed within Lambib and subsequently distribute water to a 6Nr kiosk 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 he informed that the objective of the meeting was to conduct public consultations for the environmental and social impact assessment for the borehole 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 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 97 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. Project Components The project will include the following activities: i. Borehole drilling According to the hydro-geological study report, the Lambib community borehole is proposed to be drilled up to a depth of 130m deep to access the lower bounded aquifer. The drilling is proposed to be carried out at a diameter of not less than 10”, using a rotary type machine. ii. Borehole construction The borehole will be installed with 200mm diameter plain casing and similar diameter screens at all aquifer occurring formations of the well. The screen casing shall be surrounded with well graded gravel pack to specifications. In installing screen and casing, centralizers at 6 metre intervals shall be used to ensure centrality within the borehole. iii. Borehole equipping An appropriate submersible pump will be installed based on the test pumping results of the respective borehole once drilling is completed. 98 99 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 5 th 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 tasked 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 meet the cost of maintenance. Also, 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 importance 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 shallow aquifer if the drilling is not 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 requested 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 100 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 eg chiefs and religious coming from outside and money circulating in leaders should take the lead role in teaching 101 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: AOB There being no any other business to discuss the meeting was adjourned at 4:45pm 102 III. ATTENDANCE LIST FOR COMMUNITY BARAZA MEETING 103 104 105 IV. HYDRO-GEOLOGICAL SURVEY REPORT 106 BGSURVEYS ………………………………….LTD Report no. 2021/05 HYDROGEOLOGICAL SURVEY REPORT FOR LANBIIB AND RAHFED M.H.Boya HYDROGEOLOGIST License no. WD/WRP/248 BOWYER GROUNDWATER SURVEY LTD P.O. BOX 258-70200 WAJIR February, 2021 107 HYDROGEOLOGICAL SURVEY REPORT CLIENT: The Managing Director Waj’wasco P.O.BOX 9-70200 WAJIR PROJECT: Rural water supply SUB-COUNTY: Khorof Harar/Wajir south WARD: Khorof Harar/Leheley LOCATION: Lan’biib/Qumbi INVESTIGATING HYDROGEOLOGIST: M.H. BOYA SELECTED BOREHOLE SITES: Sheet No. NA – 37 – 11 Lambiib 1: UTM 37 N 0626232; 0192820, Elevation 262m Lambiib 2: UTM 37N 0626489; 0192001, Elevation 265m Lambiib 3: UTM 37 N 0627583; 0191767, Elevation 263m Lambiib 4: UTM 37 N 0627766; 0192466, Elevation 261m Lambiib 5: UTM 37 N 0627362; 0193144, Elevation 265m Rahfed (or Qumbi) 1: UTM 37 N 0616705; 0188533, Elevation 258m Qumbi 2: UTM 37 N 0616703; 0185326, Elevation 242m Qumbi 3: UTM 37 N 0615100; 0184582, Elevation 245m Qumbi 4: UTM 37 N 0617829; 0185921, Elevation 246m Leheley: UTM 37 N 0611492; 0178826, Elevation 234 ii EXECUTIVE SUMMARY This County has no permanent river(s). Wajir town, its Headquarter, subsequently; lacks a central water supply system despite having a fast growing population due to immigration of rural population to this relatively urban center. To meet the needs of this growing population, various 108 development plans are envisaged by the County Government for this town. One such plan entails provision of a central water supply system; as this town constitutes the base for administrative and accompanying services in the County. This study aims at identifying a reliable source for this Wajir central water supply system. It also hopes to drill one borehole in Lanbiib, and one in Rahfet (Qumbi) as corporate responsibility. The County Government, through Wajir Water and sewerage Company (Wajwasco), proposes to drill ten boreholes beyond the 6.4 kilometer radius of Wajir town, and link eight of these boreholes as source for this central water supply system. This report presents the results of a hydrogeological and geophysical investigation undertaken in Lanbiib, and Rahfet area that were identified as potentially suitable sites for these boreholes following an earlier remote sensing satellite investigation conducted by Wajwasco. The project area lies in a hot semi-arid climate, where rainfalls are menial and temperatures are generally high; in view of which potentials for surface water development is low. The sedimentary and metamorphosed rocks in the project area, however; evince moderate potentials for groundwater development in view of the high number of successful shallow wells and boreholes here. Locally the hydrogeological systems here consist of three aquifers: an upper water table aquifer of 4-16 meters, and two lower confined aquifers of 25-40 and 80-100 meters deep; that are expected to be recharged through the infiltration of annual precipitations, and seepage along a major drainage ( Lagha Bor) in the area. iii 109 In the geophysical investigation carried out in the project area of Lanbiib and Rahfeit, Vertical electrical sounding is employed using ABEM SAS 1000, to study the progressive change of resistivity with depth to locate zones of weathering or fracture that are regarded as good potential borehole development site. These vertical electrical soundings are used to probe to 130 or 160 meter below where no aquifer is expected. Based on these hydrogeological and geophysical investigations, it is recommended that these boreholes aredrilled in Lanbiib at the location of vertical Electrical soundings: R00594, R00595, R00596, R00597, and R00598;in Rahfeit (Qumbi) at the location ofvertical Electrical sounding: R00599, R00600, R00601, R00602,and in Leheley at the location ofvertical Electrical sounding R00603. These sites are marked on the ground and their coordinates provided in the report. These boreholes are to be drilled to 130 meters. T he groundwater quality in these areas is expected to be slightly mineralized, but suitable for the proposed use. The output of these boreholes, however, will be determined after drilling and test pumping of these wells 110 iv TABLE OF CONTENTS Executive Summary iii Table of Contents V 1.0 Introduction 1 2.0 Physiography 3 3.0 Geology 3 4.0 Hydrogeology 6 5.0 Geophysical Investigation 8 6.0 Conclusion and Recommendation 11 7.0 References 8.0 Annex GLOSSARY OF TERMS Aquifer: A geological formation or structure which transmits water and which may supply water to wells, boreholes or springs. Confined: Confined aquifers are those in which the piezometric level, or the water rest level, is higher ( ie, at a greater elevation relative to sea level ) than the elevation at which the aquifer was encountered. Old Land Surface: Old Land Surface (OLS’s) is the term given to ancient erosion surf aces now covered by younger surface material. In hydrogeology, OLS’s frequently 111 make good aquifers, especially where the erosion debris left behind is coarse in nature. Phenocrysts: The larger crystals in porphyritic rocks. In phonolites, these are usually crystals of the minerals orthoclase and nepheline. Porphyritic: A rock containing large crystals or phenocrysts, in a finer groundmass. Pycroclastic : Rocks that consist of fragmental volcanic material which has been blown intothe atmosphere by explosive activity. Recharge: The general term applied to the passage of water from surface sources ( ie. From rivers or rainfall) into the groundwater store. Tuff/tuffaceous: Rocks formed by the consolidation of ash ejected from a volcano. Unconformable: The representation in physical geology ( ie, in the rock record) of a break in the ordered succession of rocks. Vesicular : Small spherical or ellipsoidal cavities found in volcanic lavas which are produced by bubbles of gas trapped during the solidification of the rock. Volcanic: Here used as a general describing geological material of volcanic origin. VI INTRODUCTION BACKGROUND INFORMATION Wajir town has a radius of 6.4 kilometers. Outside this periphery are found small rural centers that rely on Wajir town for trade and other services namely: Wagalla, Lafaley, Lanbiib, Ganyure, Qulaaley, and Leheley to mention just a few. While the main objective of this project is to seek for groundwater sources for Wajir town’s central water supply system, t he point source areas of Lanbiib, and Leheley are designed to benefit from this project. Of the proposed ten boreholes in 112 this project, therefore; eight are to be connected to Wajir central water supply system, while two are to be installed to serve Lanbiib, and Leheley trading centers. Overall goal This project is aimed at improving the socio economic and health status of these beneficiary communities through sustainable supply of potable water by serving approximately 20,000 people from Wajir Town, Lanbiib and Leheley. In view of which approximately 500 m3/day water demands is to be meet. Location Wajir town lies on the Longitudes 40.04970 0 East, and the Latitude 1.74322 0 North, and has a radius of approximately 6.4 kilometers. Lanbiib and Leheley, the other project centers, lie approximately ten kilometers from Wajir on the roads to Wajir Bor and Nairobi respectfully as shown below (Fig. 1.0). Lanbib Rahfeit Figure 1.0: Location map; Project area 113 CLIMATE The climate here is typically hot semi arid type that is generally characterized by wet and dry phases. The rainfalls recorded in Wajir town have an annual average of 288 mm;with the average monthly rainfalls recorded as shown below(Table 1.0). The long rains begin in the middle of March and external into May, while the short rains begin in October and extend into December; and accounting for more than 70% of the total precipitation in the area.5% of these annual precipitations are assumed to go to recharge the groundwater in the area through direct infiltration and seepage along water course ways. The dry seasons are marked by the months of January, February, June, July, August, and September. The prevailing daily temperatures throughout the year are, however; high with the average minimum and maximum temperatures of 210 C and 34o C; with very little variations in the year. 2 Table 1.0 Average monthly rainfall Month Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Rainfall(mm) 8 6 37 69 15 6 2 6 7 23 79 59 Source: Meterological Dept. Wajir 3.0 PHYSIOGRAPHY The main physiographic units distinguished in the project area are an extensive red sandy plain, and the Wajir continental basin. Wajir town lies in a shallow lacustrine basin, but outlying this basin is an extensive plain that range from 150 to the south and to 460 meters above sea level to the north. This plain has no hills, and gently slopes to the southeast towards the Indian Ocean with a slight warping; drained by lagha Bor (to the west) and several minor, broad, shallow, ephemeral water 114 courses trending NE-SW that flow once or twice a year. These water-ways are associated thick bushy vegetation that predominantly consists of sparse shrubs, studded by woody Acacia elatior . 3.0 GEOLOGY The rocks in the project area are all of sedimentary origin. The oldest rocks consist of the metamorphosed sedimentary rocks of the Precambrian age. These rocks include gneiss, schist, and quartzite that form a basement system beneath a veneer of deposits of younger rocks (figure 2.0). The Jurassic beds which immediately lie above this basement system consist of limestone, gypsum, and sandstones that were deposited during the transgression of the sea during the Jurassic age. During the latter regression of the sea, a variety of sediments of the late Pliocene that consist of inter-bedded sands, silts, and clay covered this limestone formation. Above the later then finally lay the superficial deposits of the quaternary age that are represented by thick red sands, silt and the alluviums. 3 These rocks exhibit considerable variation in thickness, extent and lithologic characteristics that suggest rapid deposition of detritus materials derived from the erosion of adjacent areas of older crystallized rocks to the north. 115 Figure 2.0: Geological map 4 4.0 HYDROGEOLOGY The groundwater recharge in the project area is expected to be local, mainly involving infiltration from direct precipitation in the wet seasons of March-May and October-December. 116 But mean annual rain fall of 288mm in a year, is meage to adequately recharge the groundwater. Yet groundwater constitutes the main source of water in the area, which is taped through digging shallow wells or the drilling of boreholes. The project area is assumed lack external recharging media, but evinces fair groundwater availability in and around the shallow Wajir continental basin. Lagha Bor, a major water course in the area that traverses the area to the west of Leheley and Turatura trending NW-SE, is expected to enhance the groundwater in the project area through seepage along its course ways.Assuming that 5% of the annual precipitation actually goes to recharge the groundwater through direct infiltration; this plus seepage along Lagha Bor is considered to enhance the groundwater resources in the area. 5.2 GROUNDWATER POTENTIALS 5.2.1 SHALLOW WELLS The groundwater potential in the general area is considered moderate, as there exists shallow wells over the 6.4 kilometers of Wajir town and beyond. Some of these wells occur in well fields like those in Ganyure, Orahey, Wagalla, Guguf, Modokare, Shalete, and Elnur to mention just a few. Over 700 individual plots and institutions in these areas have their own water supply based on shallow wells. These well fields and individually owned wells serve to point at the groundwater potentials in these areas. 5.2.2 BOREHOLES Beside these wells, a number of boreholes were previously drilled in Wajir town, some of which have fairly good yield. The drilled depths in these boreholes range 50-148 meters, evincing three aquifers at the depth of 7-13m, 30-50m, and 80-146m. Technical details of some of these boreholes in Wajir town are shown below (Table2.0). These closely correlate the aquifer zones expected in Lanbiib and Rehfat (Qumbi). Table 2.0 Boreholes drilled in Wajir B/hole Location Depth WSL WRL Yield Remarks No. (m) (m) (m) M3/H 117 Air port 74 13, 50 6 5.1 Operational C3964 Air port 128.9 7.6, 53, 97 14 2.5 ,, Wajir girls 140 7, 32, 104 4.9 7.68 Operational C9740 KP&L 148 146 25 4.8 ,, Wajir Hospital 100 11,30, 80 6 4 ,, Wajir Resort 58 10, 30, 50 8 7 ,, Wajir Wakhaf 80 10, 25, 80 7 8 ,, Al-shimali mosque 125 - 12.92 3 Legend: Wsl – water struck level Wrl – water rest level 4.3 WATER QUALITY No records on the groundwater quality is immediately available on Lanbiib, Rahfed (or Qumbim),and Leheley area. But based on past borehole drilling in Wajir and its environs, the groundwater in Lanbiib, Rahfed, and Leheley are expected to be fairly mineralized; with TDS and hardness of 1300-3000mg/lit and 280-340 mg/lit respectively, therefore; saline and hard to some degree. Due to organic pollution, the nitrates in the water here are also considered above 330mg/lt. 6 But resistivity values of the vertical Electrical sounding carried out in the project area occur in the range of 11-24 Ohm meter at inflection points, which is indicative of brackish groundwater quality. In view of these, the groundwater here is expected to be just slightly saline by Wajir standards. 5.0 GEOPHYSICAL INVESTIGATION 118 In the geophysical investigation carried out in Lanbiib and Rahfed, electrical resistivity method was employed to study the progressive changes of resistivity with depth employing ABEM SAS 1000. A method that had successful been used in locating proper sites for drilling, and in determining depths to bedrocks in sedimentary areas. Ten vertical electrical soundings: R00594- R00604 were carried out in the project area probing to 130 or 160 meters using Schlumberger array. The values of the apparent resistivities obtained are then plotted (see annex); and qualitatively analyzed. Based on these results, the true depths and expected geological formations in these areas are interpreted as below (Table 3.0). The selected sites were chosen on assumption that zones of weathering or fractured rocks represent potential borehole development site. In the project area, these weathered/ or fractured zones are found to occur at the depth of 4-16m in phreatic aquifers, and 25-40m and 80-100m in the confined aquifers. Table 3.0 Resistivity interpretation Traverse Depth interval Resistivity Expected geological formations no. m Ohm/m R00594 0-4 190 Top white sandy soil Lanbiib no 1 4—6.3 30 limestone 6.3—10 17 Weathered Sandstone 10- 20 46 Sandstone 20-25 11 Weathered Sandstone 32-80 60 Sandstone 80-100 20 Weathered quartzite 100 and beyond 60 Quartzite 7 Traverse Depth interval Resistivity Expected geological formations no. m Ohm/m 119 R00595 0-3.2 100 Top red sandy soil Lanbiib no 2 3.2-16 110 limestone 16—20 11 Weathered Sandstone 20- 32 15 Sandstone 32-40 10 Weathered Sandstone 40-80 48 Sandstone 80-130 22 Weathered quartzite 130 and beyond 30 Quartzite R00596 0-4 450 Top red sandy soil Lanbiib no 3 4-6.3 120 limestone 6.3-25 36 Weathered Sandstone 25-50 82 Sandstone 50-100 16 Weathered Sandstone 100 and beyond 60 Quartzite R00597 0-02 500 Top red sandy soil Lanbiib no 4 02-3.2 340 limestone 3.2-5 120 Weathered Sandstone 5-16 72 Sandstone 16-25 10 Weathered Sandstone 25-63 34 Sandstone 63-100 13 Weathered quartzite 100 and beyond 27 Quartzite R00598 0-5 1000 Top red sandy soil Lanbiib no 5 5-16 100 limestone 16-25 14 Weathered Sandstone 25-50 36 Sandstone 50-100 12 Weathered Sandstone 100 and beyond 15 Quartzite R00599 0-4 180 Top white sandy soil Qumbi no.1 4-13 30 limestone 13-20 15 Weathered Sandstone 20-40 19 Sandstone 40-50 12 Weathered sandstone 50-80 47 Sandstone 80-130 37 Weathered sandstone 130 and beyond 72 Quartzite 120 8 Traverse no. Depth Resistivity Expected geological formations interval(m) (ohm-m) R00600 0-5 500 Top white sandy soil Qumbi no.2 5-10 55 limestone 10-16 27 Weathered Sandstone 16-25 25 Sandstone 25-40 16 Weathered sandstone 40-63 80 Sandstone 63-80 19 Weathered sandstone 80 and beyond 40 Quartzite R00601 0-4 320 Top white sandy soil Qumbi no.3 4-8 120 limestone 8-10 100 Weathered Sandstone 10-13 110 Sandstone 13-63 30 Weathered sandstone 63-100 90 Sandstone 100-130 30 Weathered sandstone 130 and beyond 40 Quartzite R00602 0-4 1600 Top white sandy soil Qumbi no.4 4-10 180 limestone 10-20 23 Weathered Sandstone 20-25 56 Sandstone 25-32 11 Weathered sandstone 32-63 100 Sandstone 63-80 50 Weathered quartzite 80-100 100 Quartzite 100-130 60 Weathered gneiss R00603Leheley 0-2,5 360 Top red sandy soil 2.5-10 880 limestone 10-32 187 Weathered Sandstone 32-40 107 Sandstone 40-100 9 Weathered sandstone 100 and beyond 10 Gneiss 121 9 7.0 Conclusion and Recommendation Given the project area has a mean annual rainfall of 288mm and that there is no external recharging media, the infiltration due to these annual precipitations, and seepage along Lagha Bor are expected to recharge the groundwater. Past success in shallow wells, and borehole drilling in the general area attests to the fact that indeed there exist in these areas fair groundwater potentials to drill boreholes for the propose project. The aquifers in the area of Lanbiib and Rahfet/Qumbi are expected to occur at the depth of 4 - 16meters, 25-40meters, and 80-100 meters below the ground level. These water bearing formations phreatic or confined consist of weathered sedimentary rocks underlying the area. In view of the foregoing it is here recommended that all these boreholes, location at vertical electrical sounding: R00594 - R00603 in Lanbiib, Qumbi, and Leheley be drilled to a maximum depth of 130 meters ; these sites are marked on the ground and their coordinates provided in this report. The groundwater in these areas is expected to be slightly mineralized. To fulfill a legal requirement, the client is advised to apply for a groundwater permit from WaterApportionment Board, Ministry of Environment and Natural Resources for authorization to drill these boreholes. A technical specification in the drilling of these boreholes is enclosed. M.H.Boya HYDROGEOLOGIST References 122 Balash-jalon consultant, 1976. Wajir water supply project: preliminary design report Bestow T.T, 1912. The Geology and Hydrogeology of Wajir District DISTRICT DEVELOPMENT PLAN: 2002-2008 DIXEY, F.1948. Geology of Northern Kenya . Report No. 15, Geol. Surv. Kenya. JICA, 1992. The study on National Water Master Plan. Sectoral report C. Groundwater resources. WHO, 1973. Groundwater resources of Kenya. Sectoral study and National Programming for community and rural water supply, sewerage and pollution control. Report No. 7. Annex RESISTIVITY CURVES 123 Lambiib ves: R00594 124 Lambiib ves: R00595 125 Lambiib ves: R00596 126 Lambiib ves: R00597 127 Lambiib ves: R00598 128 Qumbi ves: R00599 129 Qumbi ves: R00600 130 Qumbi ves: R00601 131 132 Qumbi ves: R00602 Leheley: Ves R00603 133 TECHNICAL SPECIFICATIONS 1. BOREHOLE DRILLING 1.2 REGULATIONS AND STANDARDS The borehole shall be drilled at the site to be identified by the Project Manager. Each borehole shall be drilled to a depth specified in the hydrogeological survey report. It shall be drilled through all strata encountered. The Employer will acquire the relevant permits and Government authorizations. 1.2 MOBILIZATION, DEMOBILIZATION AND RESTITUTION 1.2.1 The Contractor shall mobilize to the site in accordance with the Agreed Programme. The sum for mobilization/demobilization shall include transportation of machinery, erection, dismantling and preparation of temporary camps as the Contractor deems necessary, provision of drilling and development fluids (bentonite, foam, water),water for camping, personnel sanitary facilities. 1.2.2 The Contractor shall minimize disturbance to neighbouring plots. This shall particularly include ensuring that bailed fines and pumped test water are discharged in a manner that does not create a nuisance either to the public or private property. 1.2.3 Site re-instatement under the conditions of contract shall include the removal of all hydrocarbons spilled, leaked or otherwise released and associated packaging and cotton waste. Site re-instatement is deemed an integral part of mobilization. This activity shall be costed taking into account the items above and expressed as a lump sum. 1.3. DRILLING 1.3.1 Unless otherwise approved by the Project Manager, drilling shall be by the air hammer method, by flush rotary drilling or by the percussion method. Drilling shall continue through all strata encountered. Drilling fluids and additives used must be approved by the Project Manager prior to use. The Contractor shall provide the appropriate tools and equipment and maintain them in good condition capable of operating to the manufacturer’s rating to ensure a smooth, a smooth, straight hole. 1.3.2 Drilling shall continue to the stipulated total depth at a minimum diameter of 205mm (8 inches) to provide for a finished borehole of a cased internal diameter of 152mm after allowing for 50mm thick gravel pack and temporary casings as found necessary. The Project Manager reserves the right to stop drilling operation if he considers that further drilling is unlikely to be advantageous. In this event payment shall only be made for the amount of work actually executed. 1.3.3 All materials used in the borehole construction other than temporary works shall comply with the relevant standard specifications. A tolerance in dimensions will be permitted provided that the material quality is not inferior to specification and work is in no way impaired. 1.3.4 The boreholes shall be drilled straight and vertical. 134 1.4 SAMPLE COLLECTION, STORAGE AND RECORD KEEPING 1.4.1 Samples of the drill cuttings returned to the surface shall be collected at two (2) metre intervals, dried and bagged. Each bag shall be clearly marked with the sample depth interval and borehole number. The Contractor shall record the depth and any zone of lost circulation for which no sample was taken. 1.4.2 TheContractor shall maintain a log of the penetration rate on a metre by metre basis, in minutes per meter drilled. A stopwatch shall be used for this purpose so that only the net drilling time is recorded, excluding any time taken in drilling disruptions. 1.4.3 The depth of any voids, or of particular rapid penetration, or significant changes in rig noise shall also be noted. 1.4.4 Water level shall be measured and recorded at the start and end of every shift, after significant breaks in activity (such as meal breaks), and during periods of plant downtime ( as appropriate). The water levels shall be measured using a sounding and/or lighting dipper approved for use by the Project Manager. 1.5 SUPPLY AND INSTALLATION OF CASINGS AND SCREENS 1.5.1 CASING AND SCREEN SPECIFICATIONS a). Casings shall be new, 152mm (6 inches) internal diameter, black pipe class B, with a minimum wall thickness of 4.0mm in 6 meter lengths. b). Mill slotted screens shall be constructed from new 152mm internal diameter black pipe class B with a minimum wall thickness of 4.0mm. Slots shall not exceed 1.0 mm in width, and should constitute not less than 6.0% open space area. Gas slotted casing screens are not acceptable. 1.5.2 CASINGS AND SCREEN INSTALLATION a). Before installation of the casings and screens, the Contractor shall ensure that the hole is clear to the total depth and shall flush out any backfilled materials present. The Project Manager shall provide the design of the casings and screens string prior to installation by the Contractor. b). Casing jointing shall be by either flush square-section threading or tree pass electric arc welding. Screens may be welded to casing, or screw-jointed by means of flush square-section threads. Externally socket joints may be welded to the casing, or screw-jointed by means of flush square-section threads. Externally socketed joints will not be accepted. Where screwed joints are deemed by the Project Manager to be below standard, joint shoulders shall be spot welded at 900mm interval around the casing circumference at no extra cost. If screens and casing are to be welded, the appropriate welding electrode must be used. c). During welding, casing and screen lengths must be held absolutely vertical in order to ensure a plumb installation. All joints to be welded must be beveled at the butt end; three continuous weld passes must be made to ensure a sound joint and the oxide coating be removed before the second and third passes. 135 d). Burn-through and subsequent deposition of metal on the inside of the casings and screens must be avoided. The base of the casing shall be sealed, unless otherwise directed by the Project Manager, with a circular plate of black pipe class B of thickness not less than 4.0mm ( 1/4 inch) fixed with a continuous weld to the casing strip. The appropriate welding electrode shall be used. The weld passes will be made, with oxide coating removed prior to the second and third passes. The top of the casing straight shall terminate not less than 600mm above the highest recorded level of ground at the site. e). The contractor shall be responsible for the provision of temporary casings as necessary, including the insertion and removal. Where the Project Manager deems it necessary to have temporary casings left in the borehole as a measure of securing the borehole, this will be indicated in the item for other works in the bill of quantity. 1.5.3 ADMISSIBLE RATES a). Rates shall be expressed as supply and installation of casing or screen per Unit Linear Metre. 1.6 SUPPLY AND INSTALLATION OF GRAVEL PACK 1.6.1 SPECIFICATIONS a). The Contractor shall supply and install filter pack/formation stabilizer. The material shall be 2-4 mm diameter, clean well rounded riverbed siliceous gravel with no more than 5.0% non-siliceous material. The pack must be approved by the Project Manager prior to installation. Granular calcium hypochlorite will be introduced into the annular space along the pack material at a concentration of 500 grammes per cubic metre of pack. The gravel pack shall be placed in the production boreholes to a thickness of 50mm around the casing upto where all screen zones are covered with the gravel as per the Project Manager’s satisfaction. This will initiate the process of sterilizing the wellbore. The Contractor shall provide the Project Manager with the bulk density of the pack material (Kg/M 3). b). Installation of the filter pack/formation stabiliser may be water wash down or reverse circulation methods. In the latter case a pump set or airlift string shall be installed in the bore so as to encourage material settlement. The filter pack shall terminate not less than 3.0 metres above the uppermost screen when stabilized, or as otherwise directed by the Project Manager. The Contractor shall provide a means by which this level shall be measured. 1.6.2 ADMISSIBLE RATES Rates shall be expressed as supply and installation of gravel pack per Unit Cubic Metre. 1.7 INSTALLATION OF BACKFILL 1.7.1 SPECIFICATIONS a). Backfill material shall comprise of fine clayey drill cuttings and shall be installed from the top of the filter pack to 3.0 metres below ground level unless otherwise directed by the Project Manager. The installation method must ensure that no bridging occurs within the annular space. 136 b). The Contractor shall measure the depth to the top of the backfill and provide the means by which this level may be measured. 1.7.2 ADMISSIBLE RATES Rates shall be expressed as installation of backfill per Unit Linear Metre. 1.8 DEVELOPMENT Development shall comprise both Physical and Chemical development, and shall include the following operations:- 1.8.1 BOREHOLE CLEANING a). The Contractor shall clean the borehole to its “completed depth” using any of the methods listed below or as otherwise authorized by the Project Manager:-  By bailer with percussion drilling rig  By means of airlift, which may use a light or stable foam to assist in the removal of materials from the borehole.  By means of educator airlift, with or without light or stable foam. b). Bailers and other down hole plant shall adopt diameter limits of half a normal size or smaller (12.5mm or ½ inch) than the smallest casing or screen diameter. c). Water levels shall be measured and recorded at the start and end of every shift, at significant breaks in activity (such as meal breaks), and during periods of plant downtime (as appropriate). Water levels be measured using a sounding and/or lighting dipper previously approved by the Project Manager. d). The borehole shall be deemed clean when measured drilled depth has been reached and when insignificant or no materials is removed from the base of the borehole. Cleaning costs shall be expressed as a rate Per Hour. 1.8.2 CHEMICAL DEVELOPMENT a).When the Project Manager has deemed the borehole clean; he may instruct the Contractor to commence with Chemical development. Chemical development shall comprise of an approved Polyphosphate as a desaggregate that shall break down the silty concentrations, any buildup clay or silts, or other fine materials within and adjacent to the borehole. The decision as whether chemical development shall be adopted and what dosage rates shall be made by the Project Manager. b). Typical dosage shall comprise of powdered Sodium Hexametaphosphate dissolve in hot water. The polyphosphate shall be dosed at 10 to 15 Kg/m3 of water depending on the concentration of clays in the aquifer matrix. This shall be mixed with calcium hypochlorite at a dose of 200grammes per cubic metre to inhibit bacteria activity. The volume of polyphosphate dosed water shall be one and a half times the Volume of water within the screen section. c) Both polyphosphate and added water shall be introduced by means of a pipe, the bottom end of that shall be located in the middle of the screen section of the borehole. The Contractor may get the liquids into the screened section using a jetting head if he wishes. 137 d). After dosing, the borehole shall be left overnight to allow disaggregation to occur. The borehole shall then be subject to physical development. e). Chemical development costs shall be expressed as an Hour rate, and include all labour and materials (including clean water) required for the operation. Chemical development undertaken by a Contractor familiar with the technique shall take no longer than three (3) hours. 1.8.3 PHYSICAL DEVELOPMENT a). Physical development may adopt any of the commonly used methods, including but not necessarily restricted to the following:-  Surging  Bailing  High Velocity Water Jetting  Airlift raw hiding  Airlift raw hiding with educator pipe. b). Development shall be considered complete when the water discharged is clear and contains no more than an estimated 5 parts per million of suspended solids and the borehole has been restored to the cleaned total depth or as otherwise directed by the Project Manager. c) The Contractor shall describe the method he proposes to adopt and the plant required for physical development in his method statement. Over pumping shall not be considered a development method. The rate submitted by the Contractor for physical development is deemed to include installation and removal of necessary plant. The quantities given in the bills of quantities only apply to actual development time. Costs for physical development shall be expressed as an Hour Rate. 1.9 AQUIFER TESTING Borehole testing will be conducted according to British Standard BS 6316 (1992) (Code of Practise for Test Pumping of Water Wells). The following elements are required.  A pre-test  A step drawdown test  A constant discharge test  A recovery test 1.9.1 INSTALLATION, PLANT AND METHODOLOGY Pumping plant and dipping tube shall be installed in the borehole to be tested. The Contractor shall investigate and agree with the Project Manager the anticipated discharge and pump intake depth. a) PUMPING PLANT i) Pumps used for test pumping should be electrical submersible. 138 ii) The pump used in tests must have a fully functioning non-return valve either in the pump itself or in the rising main immediately above the top of the pump. iii) The Contractor must have pumps covering the anticipated discharge range. iv) The water pumped from the borehole shall be discharged to waste at a distance and in such a manner that it does not pond or flow back towards the borehole. v) The Contractor must provide a generator or other prime mover for powering the pump, as power is not necessarily available at the sites. b) DISCHARGE MEASUREMENT AND CONTROL Discharge measurements shall be by an approved accurate method, such as an Orifice Plate, calibrated flow meter or a V-notch weir. If volumetric methods are proposed, the Contractor will ensure the container to be used has been calibrated. When time to fill measurements is made, each discharge measurement shall be calculated from the average of three time measurements. Discharge shall vary by no more than 15%across each step of step drawdown test, and across the constant discharge test. c) WATER LEVEL MEASUREMENT Water level measurements shall be by electric sounding and/or lighting dipper, and shall be made in a dipper tube installed alongside the test pump rising main and tied securely to it. The Project Manager will check the dipper for stretch and any other inaccuracies prior to accepting its use. Accuracy measurements must not be less than 1.0 cm. Water level measurements using an air line will not be acceptable on the grounds of poor precision. d) TIME MEASUREMENT All times shall be measured by means of a stopwatch. The Contractor shall ensure that spare batteries etc for all equipment are available prior to commencing tests. i) CONSTANT DISCHARGE TEST Constant discharge test shall typically last not less than twenty four (24) hours,or as otherwise determined by the Project Manager. A water sample will be procured towards the end of the test for subsequent analysis by a competent laboratory. ii) RECOVERY TEST AND REMOVAL OF PLANT Recovery tests shall not continue for more than twenty four (24) hours, or as otherwise directed by the Project Manager. Only after the completion of recovery data collection may pumping and ancillary plant be removed from the borehole, though above ground components may be dismantled during the recovering phase. iii) ADMISSIBLE RATES Rates of pumping and recovery are deemed to include the cost of plant installation and removal. The rates are deemed inclusive of installation, removal, plant use, testing and data collection. 139 1.10 WATER SAMPLING AND ANALYSIS  In the closing hour of the constant discharge test a water sample shall be collected for chemical and bacteriological analysis by a competent laboratory. The water samples shall be collected in containers supplied by the laboratory, in the manner conventionally used by the laboratory.  The Contractor’s unit rate of sampling and analysis will include the cost of analysis and transportation to and from the laboratory for the sampling exercise. 1.11 BOREHOLE DISINFECTION After removal of test equipment, the borehole shall be disinfected with Chlorine/water solution at a concentration of 50 milligrams per litre or greater of free chlorine. This will be sprayed into the borehole so as to ensure that all exposed borehole wall surfaces are coated. In preparing their Tenders, Contractors should allow for one (1) cubic metre of solution per borehole. This item shall be costed as a unit Lump Sum 1.12 BOREHOLE HEAD WORKS a) SANITARY SEAL CASING A sanitary seal shall be constructed at the wellhead. This shall comprise the following elements:  A 3.2 metre length of internal diameter 205 mm (8 inch) plain black pipe class B sanitary steel casing installed around the permanent casing string.  A grout seal between the 254mm sanitary seal casing and the 152 mm permanent casing string.  A 1.0x1.0x1.0 metre reinforced concrete block (Y8/1:2:4) cast around the Sanitary seal casings.  A lockable steel cap. b). GROUT SEAL A sanitary ground seal shall be installed between the 152 mm (6 inch) and 205 mm (8 inch) casings and grouted into place. Grout shall be a cement slurry, or cement and fine sand and shall have a density of at least 1175 Kg/lt.This shall be introduced into the annular space from the top of the inert backfill to the ground level, using a method that must be approved by the Project Manager. c) CONCRETE PLINTH The ground surface at the wellhead shall be excavated to a depth of one (1) metre, and be one metre square, to allow s Concrete Plinth to be cast. The 1.0x1.0x1.0 metre pit will be filled with concrete, to be finished flush with the ground surface. Concrete shall be 1:2:4 OPC: sand: half-inch ballast. This must be 140 cast with two 0.8 metre lengths of 12 mm reinforcing steel bar welded to the 205 mm (8 inch) casing, 0.7 metre below ground level. d). TEMPORARY CAP The top of the borehole shall be sealed with a cap that shall comprise a round plate of mild steel, of thickness not less than 3.0mm. This will be continuously welded in single pass to the mild steel borehole casing or should be lockable. 1.13 RECORDS After completion of all works at the borehole, the Contractor shall submit to the Project Manager within four (4) days a complete document with the following additions: -  Drilling penetration Log 141 142 143 V. EIA LICENCES’ FOR LEAD EXPERT 144