Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO REPUBLIC OF KENYA ` TAVEVO WATER AND SEWERAGE COMPANY LIMITED WATER AND SANITATION DEVELOPMENT PROJECT – WSDP Upgrade of Water Distribution Systems for Voi, Taveta, Mwatate and Wundanyi Towns Contract No. KE-TAVEVO-151304-CW-RFB ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT FOR THE PROPOSED UPGRADE OF WATER DISTRIBUTION SYSTEMS FOR VOI, TAVETA, MWATATE AND WUNDANYI TOWNS – IMMEDIATE WORKS FOR TAVEVO WATER & SEWERAGE CO. LTD. (TAVEVO) EMPLOYER: TAVEVO WATER AND SEWERAGE COMPANY LIMITED P.O. BOX 6, 80300 VOI, KENYA E-mail: info@tavevowater.co.ke Tel: +254713676213 / +254780676213 February 2021 i This ESIA was prepared under the contract below: Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa, Malindi, Kilifi and TAVEVO WSPs Contract No. CWSB/WaSSIP-AF/C/34/2017 EMPLOYER: Coast Water Works Development Agency (CWWDA) CONSULTANT: DOCUMENT TITLE: ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT FOR THE PROPOSED UPGRADE OF WATER DISTRIBUTION SYSTEMS FOR VOI, TAVETA, MWATATE AND WUNDANYI TOWNS – IMMEDIATE WORKS FOR TAVEVO WATER AND SEWERAGE COMPANY LIMITED (TAVEVO). Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO TABLE OF CONTENTS E. EXECUTIVE SUMMARY ............................................................................................... 1 E1 BACKGROUND INFORMATION ..................................................................................................1 E2 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM ..........................1 E2.1 URBAN CENTRES ...........................................................................................................................1 E2.2 PERI-URBAN AREAS ........................................................................................................................2 E2.3 MARKET/ TRADING CENTRES ...........................................................................................................3 E2.4 EXISTING WATER SUPPLY SYSTEM...................................................................................................3 E2.5 BULK WATER SUPPLY SYSTEM ........................................................................................................3 E2.6 WATER SUPPLY TO VOI TOWN .........................................................................................................3 E2.7 WATER SUPPLY TO TAVETA TOWN ...................................................................................................3 E2.8 WATER SUPPLY TO WUNDANYI TOWN ..............................................................................................4 E2.9 WATER SUPPLY TO MWATATE TOWN ...............................................................................................4 E2.10 EXISTING SANITATION SYSTEM ........................................................................................................4 E3 PROPOSED WORKS FOR TAVEVO WATER DISTRIBUTION NETWORK ................................4 E3.1 PLANNING HORIZONS .......................................................................................................................4 E3.2 CATEGORIZATION OF PROPOSED WORKS .........................................................................................5 E3.3 SUMMARY OF PROPOSED WORKS ....................................................................................................5 E4 OBJECTIVES OF THE ESIA ASSESSMENT ................................................................................5 E5 APPROACH AND METHODOLOGY.............................................................................................7 E6 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK............................................................7 E7 STAKEHOLDER AND PUBLIC CONSULTATIONS ......................................................................8 E8 PROJECT SENSITIVE RECEPTORS .........................................................................................10 E9 PROJECT IMPACTS ...................................................................................................................13 E9.1 Positive Impacts During Construction Phase .......................................................................13 E9.2 Positive Impacts during Operation Phase .............................................................................13 E9.3 Negative Impacts and Mitigation Measures during Construction Stage .......................14 E9.4 Negative Impacts and Mitigation Measures during Project Operation Period .............20 E10 FINDINGS AND CONCLUSIONS................................................................................................21 1.0 BACKGROUND INFORMATION ............................................................................... 1-1 GENERAL INFORMATION ............................................................................................................... 1-1 PROJECT BACKGROUND ............................................................................................................... 1-3 PROJECT IMPLEMENTING AGENCY ................................................................................................ 1-4 2.0 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM ............. 2-1 DELINEATION OF TAVEVO AREA ................................................................................................. 2-1 2.1.1 Urban Centres .................................................................................................................. 2-1 2.1.2 Peri–Urban Areas ............................................................................................................ 2-2 2.1.3 Market / Trading Centres................................................................................................ 2-2 2.1.4 Rural Areas....................................................................................................................... 2-3 EXISTING WATER SUPPLY SYSTEM ............................................................................................... 2-3 2.2.1 Bulk Water Supply System............................................................................................. 2-3 2.2.2 Water Supply to Voi Town.............................................................................................. 2-4 2.2.3 Water Supply to Taveta Town ....................................................................................... 2-7 2.2.4 Water Supply to Wundanyi Town .................................................................................. 2-8 2.2.5 Water Supply to Mwatate Town .................................................................................... 2-9 EXISTING SANITATION SYSTEM ................................................................................................... 2-14 3.0 PROPOSED WATER WORKS FOR TAVEVO WATER DISTRIBUTION NETWORK 3-1 PLANNING HORIZONS ................................................................................................................... 3-1 CATEGORIZATION OF PROPOSED WORKS ..................................................................................... 3-1 PROPOSED WORKS ..................................................................................................................... 3-2 INVESTMENT REQUIREMENTS FOR TAVEVO WSP AREA .............................................................. 3-8 4.0 APPROACH AND METHODOLOGY ......................................................................... 4-1 SCREENING FOR ENVIRONMENT AND SOCIAL IMPACTS ................................................................... 4-1 OBJECTIVES OF THE ESIA ASSESSMENT....................................................................................... 4-1 ESIA METHODOLOGY .................................................................................................................. 4-1 iii 4.3.1 Environment and Social Scoping .................................................................................. 4-2 4.3.2 Desk Review .................................................................................................................... 4-2 4.3.3 Field Assessment ............................................................................................................ 4-2 4.3.4 Data Collection and Site Surveys ................................................................................. 4-3 4.3.5 Flora and Fauna Surveys ............................................................................................... 4-3 4.3.6 Socio-Economic Baseline............................................................................................... 4-3 4.3.7 Secondary and Primary Data......................................................................................... 4-3 4.3.8 Public Participation .......................................................................................................... 4-3 4.3.9 Adverse Environment and Social Impacts Ranking ................................................... 4-6 5.0 ENVIRONMENT AND SOCIAL SETTING OF THE PROJECT AREA ....................... 5-1 PROJECT LOCATION ..................................................................................................................... 5-1 5.1.1 Voi Town ........................................................................................................................... 5-2 5.1.2 Mwatate Town .................................................................................................................. 5-2 5.1.3 Wundanyi Town ............................................................................................................... 5-2 5.1.4 Taveta Town..................................................................................................................... 5-3 PHYSICAL ENVIRONMENT ............................................................................................................. 5-3 5.2.1 Climate .............................................................................................................................. 5-3 5.2.2 Topography and Geology .............................................................................................. 5-3 5.2.3 Soils 5-4 5.2.4 Hydrology ......................................................................................................................... 5-4 BIOLOGICAL ENVIRONMENT .......................................................................................................... 5-5 5.3.1 Vegetation and Fauna .................................................................................................... 5-5 5.3.2 Invasive Vegetation Species.......................................................................................... 5-5 5.3.3 Protected and Conservation areas of Lowlands of Taita .......................................... 5-6 SOCIAL ECONOMIC SETTING......................................................................................................... 5-7 5.4.1 Population ......................................................................................................................... 5-7 5.4.2 Land Ownership ............................................................................................................... 5-7 5.4.3 Land Use........................................................................................................................... 5-7 5.4.4 Settlement Patterns ......................................................................................................... 5-8 5.4.5 Gender Based Violence (Situational Analysis) ........................................................... 5-9 5.4.6 Source of Energy ............................................................................................................. 5-9 5.4.7 General Infrastructure ................................................................................................... 5-10 5.4.8 HIV and AIDs.................................................................................................................. 5-10 6.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ........................................... 6-1 INTRODUCTION ............................................................................................................................ 6-1 POLICY PROVISION ...................................................................................................................... 6-1 KENYAN LEGISLATIONS ................................................................................................................ 6-2 WORLD BANK OPERATIONAL POLICIES (OPS) ............................................................................... 6-6 WORLD BANK GROUP ENVIRONMENTAL HEALTH AND SAFETY GUIDELINES ON WATER AND SANITATION 6-7 7.0 PUBLIC CONSULTATION AND PARTICIPATION .................................................... 7-1 OBJECTIVES OF STAKEHOLDER PARTICIPATION ............................................................................. 7-1 LEGAL AND POLICY PROVISIONS FOR STAKEHOLDER PARTICIPATION ............................................. 7-1 STAKEHOLDER MAPPING .............................................................................................................. 7-2 STAKEHOLDER PARTICIPATION PROCESS ...................................................................................... 7-3 8.0 ENVIRONMENTAL AND SOCIAL IMPACTS ASSESSMENT AND MITIGATION MEASURES ............................................................................................................... 8-1 INTRODUCTION ............................................................................................................................ 8-1 DEFINITION AND CLASSIFICATION OF ENVIRONMENT IMPACT .......................................................... 8-1 POSITIVE IMPACTS DURING CONSTRUCTION PHASE ....................................................................... 8-1 SENSITIVE RECEPTORS LIKELY TO BE IMPACTED ........................................................................... 8-2 8.4.1 Sensitive Receptors in Voi Town .................................................................................. 8-2 8.4.2 Sensitive Receptors in Mwatate Town ......................................................................... 8-4 8.4.3 Sensitive Receptors in Wundanyi Town ...................................................................... 8-6 8.4.4 Sensitive Receptors in Taveta Town ............................................................................ 8-7 NEGATIVE IMPACTS DURING CONSTRUCTION PHASE ..................................................................... 8-9 8.5.1 Impacts on Vegetation Resources ................................................................................ 8-9 8.5.2 Impacts of Water Resources ....................................................................................... 8-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO 8.5.3 Impacts on Soil Resources .......................................................................................... 8-11 8.5.4 Workers, Community Health and Safety Risks ......................................................... 8-13 8.5.5 Social Impacts ................................................................................................................ 8-23 POSITIVE IMPACTS DURING OPERATIONAL PHASE ......................................................................... 8-6 NEGATIVE IMPACTS DURING PROJECT OPERATIONAL PHASE ......................................................... 8-6 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP).................................................................................................................... 9-1 PURPOSE AND OBJECTIVES OF ESMMP ....................................................................................... 9-1 AUDITING OF ESMMP ................................................................................................................. 9-1 MANAGEMENT RESPONSIBILITY OF ESMMP ................................................................................. 9-1 9.3.1 Coast Water Works Development Agency (CWWDA) / Taita Taveta Water and Sewerage Company (TAVEVO) ................................................................................................. 9-2 9.3.2 National Environment Management Authority (NEMA) ............................................. 9-2 9.3.3 The Contractor ................................................................................................................. 9-2 9.3.4 Consultant......................................................................................................................... 9-2 9.3.5 County Government of Taita Taveta ............................................................................ 9-3 ENVIRONMENT AND SOCIAL MANAGEMENT AND MONITORING PLAN ................................................ 9-3 DECOMMISSIONING FLOW CHART ............................................................................................... 9-19 10.0 FINDING AND CONCLUSION ................................................................................. 10-1 CONCLUSION ............................................................................................................................. 10-1 RECOMMENDATIONS .................................................................................................................. 10-1 v LIST OF TABLES Table E1: Summary of Existing Water Supply System in Voi Town ........................................ E-3 Table E2: Summary of Existing Water Supply System in Taveta Town .................................. E-4 Table E3: Summary of Proposed Water Distribution Network Works for TAVEVO (km) ......... E-5 Table E4: Applicable Legal and Policies Statutes ................................................................. E-7 Table E5: Applicable World Bank Operational Safety Policies................................................ E-8 Table E6: Legal and Policy Provisions for Public Participation ............................................. E-9 Table E7: Stakeholder Inventory for TAVEVO Area .............................................................. E-9 Table E8: Schedule of Public Consultations .......................................................................... E-9 Table E9: Sensitive Receptors in Voi Town.......................................................................... E-11 Table E10: Sensitive Receptors in Mwatate Town ............................................................... E-12 Table E11: Sensitive Receptors in Wundanyi Town ............................................................. E-12 Table E12: Sensitive Receptors in Taveta Town .................................................................. E-13 Table E13: Negative Impacts and Proposed Mitigation Measures during Construction ........ E-14 Table E14: Potential Negative Impacts and Proposed Mitigation Measures during Operation ...... ............................................................................................................................................ E-20 Table 2.1: Summary of Existing Water Supply System in Voi Town ........................................ 2-6 Table 2.2: Summary of Existing Water Supply System in Taveta Town .................................. 2-7 Table 3.1: Summary of Lengths of Proposed Water Distribution Network Works for TAVEVO (km) ............................................................................................................................................... 3-2 Table 3.2: Schedule of Short Term/ Immediate Works for Tavevo (2017 - 2020) .................... 3-2 Table 3.3: TAVEVO Investment Requirements for the Short-Term Phase (2017-2020) .......... 3-8 Table 4.1: Schedule of Institutional Consultations in TAVEVO Area ...................................... 4-4 Table 4.2: Schedule of Public Meetings within TAVEVO Area................................................. 4-5 Table 4.3: Impact Rating Variables ......................................................................................... 4-6 Table 4.4: Impact Severity ...................................................................................................... 4-6 Table 4.5: Impact Rating Criteria for Environment and Social Risks ........................................ 4-7 Table 5.1: Other Water Resources in Taita Taveta County ..................................................... 5-4 Table 6.1: Policy Framework .................................................................................................. 6-1 Table 6.2: Acts of Parliament.................................................................................................. 6-2 Table 6.3: Applicable World Bank Operational Safety Policies .............................................. 6-6 Table 7.1: Legal and Policy Provisions for Public Participation .............................................. 7-1 Table 7.2: Kenya Constitution Provision for Stakeholder and Public Participation ................. 7-2 Table 7.3: Stakeholder Inventory for TAVEVO ....................................................................... 7-2 Table 7.4: Schedule of Institutional Consultations .................................................................. 7-3 Table 7.5: Schedule of Public Consultations ........................................................................... 7-3 Table 7.6: Summary of Issues discussed and Responses ...................................................... 7-4 Table 8.1: Sensitive Receptors in Voi Town ............................................................................ 8-2 Table 8.2: Sensitive Receptors in Mwatate Town .................................................................... 8-4 Table 8.3: Sensitive Receptors in Wundanyi Town ................................................................. 8-6 Table 8.4: Sensitive Receptors in Taveta Town ...................................................................... 8-7 Table 8.5: Project Impacts on Vegetation Cover ..................................................................... 8-9 Table 8.6: Project Impacts to Water Resource Rating ........................................................... 8-10 Table 8.7: Impacts on Soil Resources .................................................................................. 8-12 Table 8.8: Impacts on Workers, Community Health and Safety ........................................... 8-14 Table 8.9: Traffic Management Plan ..................................................................................... 8-22 Table 8.10: Material Sources Impacts ........................................ Error! Bookmark not defined. Table 8.11: Adverse Social Impacts ....................................................................................... 8-1 Table 8.12: Impacts on Social Setting .................................................................................... 8-1 Table 8.13: Negative Impacts and Mitigation measure during Project Operation ..................... 8-6 Table 9.1: Construction Phase: Environmental and Social Management and Monitoring Plan ..... ............................................................................................................................................... 9-4 Table 9.2: Operational Phase: Environmental and Social Management and Monitoring Plan ....... ............................................................................................................................................. 9-17 Table 9.3: Decommissioning Flow Chart ............................................................................... 9-19 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO LIST OF FIGURES Figure 1.1: Area of Jurisdiction of 4 WSPs in Mombasa, Kilifi and Taita Taveta Counties .................................................................................................................................... 1-2 Figure 1.2: Coverage Area of TAVEVO WSP .............................................................. 1-5 Figure 2.1: Schematic Diagram of Existing Water Supply Sources for TAVEVO WSP. 2-5 Figure 2.2: Schematic Diagram of Existing Water Supply System for Voi Town .......... 2-6 Figure 2.3:Schematic Diagram of Existing Water Supply System for Taveta Town ...... 2-7 Figure 2.4:Schematic Diagram of Existing Water Supply System for Wundanyi Town . 2-8 Figure 2.5: Schematic Diagram of Existing Water Supply System for Mwatate Town .. 2-9 Figure 2.6: Layout Plan of the Existing Water Distribution Network in Voi .................. 2-10 Figure 2.7: Layout Plan of the Existing Water Distribution Network in Taveta Town .. 2-11 Figure 2.8: Layout Plan of the Existing Water Distribution Network in WundanyiTown .............................................................................................................................. …2-12 Figure 2.9: Layout Plan of the Existing Water Distribution Network in MwatateTown . 2-13 Figure 3.1: Layout Plan for the Network Improvements / Extensions for Voi Town ...... 3-4 Figure 3.2: Layout Plan for the Network Improvements / Extensions for Mwatate Town ....................................................................................................................... ………..3-5 Figure 3.3: Layout Plan for the Network Improvements / Extensions for Wundanyi Town .................................................................................................................................... 3-6 Figure 3.4: Layout Plan for the Network Improvements / Extensions for Taveta Town. 3-7 Figure 5.1: Map of Taita Taveta County ...................................................................... 5-1 Figure 5.2: Vegetation of the Project Area .................................................................. 5-5 Figure 5.3: Proposopis Juliflora which blooms in disturbed Environments ................. 5-6 Figure 5.4: Layout of Tsavo National Park within Taita Taveta County ........................ 5-7 Figure 8.1: Sensitive Receptors in Voi Town ............................................................... 8-4 Figure 8.2: Sensitive Receptors in Mwatate Town ....................................................... 8-5 Figure 8.3: Sensitive Receptors in Wundanyi Town ..................................................... 8-7 Figure 8.4: Sensitive Receptors in Taveta Town.......................................................... 8-8 Figure 8.5: Nature of Vegetation along the proposed Easement route in Mwatate ....... 8-9 Figure 8.6: Permissible Noise Levels ......................................................................... 8-19 vii LIST OF ABBREVIATIONS& ACRONYMS AC Asbestos Cement CEO Chief Executive Officer CoC Code of Conduct COVID-19 Corona Virus Disease - 19 CWWDA Coast Water Works Development Agency DCC Deputy County Commissioner ESIA Environmental Social and Impact Assessment GER Gender Enrollment Ration GCI Galvanized Iron Sheets GO Grievance Officer GoK Government of Kenya GRVM Gross Replacement Value Method GRM Grievance Redress Committee HH Household LPDP Local Physical Development Plan IoL Inventory of Losses TAVEVO TAVEVO Water and Sewerage Company MIBP Mangat IB Patel Limited M&E Monitoring and Evaluation MoH Ministry of Health MWS Ministry of Water and Sanitation NEMA National Environment Management Authority NLC National Lands Commission NLP National Land Policy Nr Number NGO’s Non-Governmental Organizations OS Operations Safeguards PAD Project Appraisal Document PAPs Project Affected Persons PC Project Committee PM Project Manager PIT Project Implementation Team RAP Resettlement Action Plan RIC Resettlement Implementing Committee RIM Registry Index Maps ROW Right of Way RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse SOP Standard Operating Procedure SH Safety and Health SGRC Sub Location Grievance Committee VAC Violence Against Children VMGs Vulnerable and marginalized Groups WaSSIP Water and Sanitation Services Improvement Project Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa and 3WSPs DISTRIBUTION SHORT TERM WORKS FOR TAVEVO EXECUTIVE SUMMARY MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO E. EXECUTIVE SUMMARY E1 BACKGROUND INFORMATION The Government of Kenya (GoK) and Coast Water Works Development Agency (CWWDA) with support from the International Development Association (IDA) has undertaken to prepare Detailed Designs, ESIA/RAP and Bid Documents for Water Distribution Works for Mombasa and three (3) Water Service Providers (WSPs) under the Water and Sanitation Service improvement Project- Additional Financing (WaSSIP-AF). The 4 WSPs targeted under the assignment cover the Counties of Mombasa, Kilifi and Taita Taveta and include: • Mombasa Water Supply & Sanitation Co. Ltd. (MOWASSCO) • Malindi Water & Sewerage Co. Ltd. (MAWASCO) • Kilifi-Mariakani Water & Sewerage Co. Ltd. (KIMAWASCO) • TAVEVO Water and Sewerage Co. Ltd. (TAVEVO) This Report presents the Environmental & Social Impact Assessment (ESIA) Report for the Proposed Distribution Network Investments for TAVEVO Water and Sewerage Co. Ltd. (TAVEVO). The review of this ESIA is undertaken during the Corona virus disease 2019 (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on Environmental and Social issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. E2 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM The Terms of Reference (ToR) of the Assignment specified that the Project Area for the Detailed Design of the Water Distribution Network covers the Urban Centres and the Peri- urban areas only. Delineation of the TAVEVO Area of jurisdiction into Urban and Peri-Urban Areas was detailed in Deliverable D2 of this Assignment and titled “Water Supply and Demand Assessment Report for TAVEVO”. This Report was Submitted in June 2018. A brief description of the Urban Centres, Peri-Urban Areas and Market Centres within the Project Area is given in the following sub-sections. E2.1 Urban Centres The current TAVEVO Urban Area consists of four Urban Centres i.e. Voi, Wundanyi, Mwatate and Taveta Towns. These Urban Centres are briefly described below. a) Voi Town MIBP E-1 Voi is the largest town in Taita – Taveta County in the Kenya’s coastal region. It lies South East of Nairobi and 160 km from Mombasa along the Mombasa – Nairobi Highway at its junction with the Voi-Taveta Road at the western edge of Taru Desert, south and west of Tsavo East National Park. Voi town is a market place for agricultural and meat products from the fertile Taita Hills. Voi Town is a fast-growing metropolis with future development expected to concentrate along the Nairobi/Mombasa/Taveta Highways junction. In the year 2009, the population of the town was estimated to be 17,152 (National Housing and Population Census Report, 2009). b) Wundanyi Town Wundanyi Town is located in the Taita Hills of Southern Kenya, about 20 km west of Voi Town and 14 km north of Mwatate. According to the Housing and Population Census Report (2009), the Town had an estimated population of 4,177 persons. Wundanyi Town has been gazetted as the County headquarters following the passing of the County government Amendment Bill 2016 which was assented into law by the president in August 2016 despite earlier plans to relocate the county headquarters to Mwatate Town. Wundanyi Town is popular for its tourist attraction sites such as Ngangao Forest, The huge granite Wesu Rock and the Cave of Skulls. c) Mwatate Town Mwatate town, the third largest town in Taita Taveta County, lies at the junction to Wundanyi on Voi-Taveta Road and is located approximately 26 km southwest of Voi Town. At present the Town has a linear pattern of growth along the Voi –Mwatate – Taveta Road. d) Taveta Town Taveta Town is the second largest Town in Taita Taveta County. It lies at the border of Kenya with Tanzania, directly across from the Town of Holili and approximately 111 km west of Voi on the Arusha–Holili–Taveta–Voi Road. Taveta Town sits at the foot of the iconic Mount Kilimanjaro and enjoys proximity to Lake Chala, a volcanic freshwater lake. The estimated year 2009 population for the Town was 17,465 (National Housing and Population Census Report, 2009). Taveta thrives as a point of commerce between Kenya and Tanzania, with a twice- weekly outdoor market. The market is fuelled in part by Taveta’s rail connection through Voi with the Mombasa – Nairobi – Kampala line. The Holili/Taveta customs and immigration post is a One Stop Border Post. E2.2 Peri-Urban Areas “Peri-Urban” refers to an area that is on the Urban fringe which has characteristics of both Urban and Rural Areas. Peri-Urban areas are regarded as rural-urban interface or transition zones where urban and rural activities mix. The current TAVEVO Peri-Urban Area consists of areas adjacent to Mwatate and Wundanyi Core Urban Areas MIBP E-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO E2.3 Market/ Trading Centres Trading / Market Centres are centres that are located away from the Core Urban and Peri- Urban areas, but which exhibit a level of development and commercial activities similar to Urban areas e.g. manufacturing, retail businesses, hotels, institutions etc. Three Market / Trading centres have been located within TAVEVO Area of jurisdiction, namely: • Maungu • Landi • Bura • Maktao E2.4 Existing Water Supply System The Existing Water Supply System for TAVEVO consists of the Bulk Water Supply System and local Storage and Distribution Networks as detailed in the following sub-sections; E2.5 Bulk Water Supply System At present, the Bulk Water Supply Source for TAVEVO Service Area is Njoro Kubwa and Mzima Spring. Njoro Kubwa Springs has a current capacity of 3,000m3/d and a Potential production of 100,000m3/d whereas Mzima Springs which serves TAVEVO service area, Mazeras, Mariakani and Mombasa has a current capacity of 35,000m3/d and a Potential production of 105,000m3/d. E2.6 Water Supply to Voi Town Voi Town is served by the Bulk Water Supply System from Mzima Springs via Mzima pipeline (750 mm dia.) through 4 Nr offtakes. Water from Mzima Springs flows by gravity and serves other urban centres which include Mazeras, Mariakani, Mombasa and Maungu Market Centre. Details of the existing Water Supply System are summarized in Table E1 below. Table E1: Summary of Existing Water Supply System in Voi Town Water Sources Mzima – Mombasa pipeline from Mzima Springs Water Treatment Chlorination at Break Pressure Tank 2 (along Mzima Pipeline) Water Pumps 2 No. Vertical Pumps (30m3/hr) Water Mains 4km DN 250/200/150 AC/GI from Mzima Pipeline to Town Reservoir 450 m3 and 125 m3 at Pumping Station Water Storage 450m3 reservoir (Mwakingali Tank) 14km of GI pipes from DN 50 to DN 200 Water Distribution 5km of AC pipes from DN 75 to DN 250 3km of uPVC pipes from DN 100 to DN 150 E2.7 Water Supply to Taveta Town Taveta Town is served from Njoro Kubwa Springs, Lutheram Boreholes and Office Boreholes. Njoro Kubwa Springs is the main source of water for Taveta Town and is scheduled for development to give a higher yield in Phase I (Year 2020) of the Water Supply Master Plan (Tahal/Bhundia -2014). Details of the existing Water Supply System are summarized in Table E2 below. MIBP E-3 Table E2: Summary of Existing Water Supply System in Taveta Town Water Sources • Njoro Kubwa Springs and 3Nr. Boreholes (Lutheram, Eldoro and Office Borehole). Water Treatment • Chlorination done at the Pumping Stations Water Pumps • 3Nr. Pumping Stations (Njoro Kubwa, Office and Eldoro) • 4Nr. Storage Reservoirs: Water Storage • 1,400m3 Reservoir at California • 100m3 Reservoir at Eldoro • 30m3 Reservoir at Office • 9.47km - Rising Main diameter varying in size from 75mm to Water Distribution 250mm • Gravity mains diameter varying in size from 15mm to 250mm (54.78 km for dia > 50mm). E2.8 Water Supply to Wundanyi Town Wundanyi Town is served from two local water sources namely Wesu Springs and Wundanyi River. Yale Springs serve a section of the Peri-Urban areas. Most Peri-Urban areas in Wundanyi rely on pumping due to high elevations from the Existing water sources. Mzima Springs is proposed to serve Mwatate and Wundanyi Towns through Mzima II Pipeline which is scheduled to be constructed by Year 2035 (WSMP- Tahal/Bhundia 2014). E2.9 Water Supply to Mwatate Town Mwatate Town is served by two Local Water Sources namely Ngiriwinyu River and Mwasinenyi Borehole. Mzima Springs is proposed to serve Mwatate through Mzima II Pipeline which is scheduled to be constructed by Year 2035 (WSMP-Tahal/Bhundia, 2014). E2.10 Existing Sanitation System At present, the Project Towns of Voi, Taveta, Wundanyi and Mwatate have no sewerage system. The use of on-plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. The major problem faced is the lack of a proper sludge management system such as a Sludge Handling Facility for the discharge of septage by the exhaust vacuum tankers. Septage from septic tanks is discharged directly to the environment including unrestricted public utility sites such as near the solid waste disposal sites. E3 PROPOSED WORKS FOR TAVEVO WATER DISTRIBUTION NETWORK E3.1 Planning Horizons Prioritized Distribution Network Investment Plans have been prepared for the Project Area of TAVEVO considering the Planning Horizon years of 2020, 2030 and 2040. Based on these Planning Horizons, an Investment Program with an Implementation Schedule of 3 Phases has been prepared as follows: • Short Term Phase (Immediate Interventions) : 2017 - 2020 • Medium Term Phase : 2021 - 2030 • Long Term Phase : 2031 - 2040 MIBP E-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO However, the ToR for the current assignment covers Short Term Phase (2017 - 2020). Separate ESIAs will be prepared for the Medium Term and Long-Term Phases when ready for implementation. E3.2 Categorization of Proposed Works The works to be carried out have been grouped into 2 categories as follows: • Extensions-Some Areas that are currently not served by the existing Distribution Network require extensions to take care of the rising water demands. Under Short Term Phase (2017-2020), priority has been given to the Areas which are already built up but lack Distribution Network. Other Areas with potential for faster developments have been considered in the Medium-Term and Long-Term Phases. • Augmentation -Where the existing Distribution Pipelines have been found to be inadequate, new pipelines have been proposed to augment the existing pipelines. For economic and space considerations, priority has been given to implementing pipelines with capacities adequate to meet the year 2040 water demand with a phased development under the Short-Term, Medium-Term and Long-Term Phases. E3.3 Summary of Proposed Works A summary of the Proposed Distribution Network Works for TAVEVO service area is given in Table E3 below: Table E3: Summary of Proposed Water Distribution Network Works for TAVEVO (km) Short-Term Medium-Term Long-Term Category of Works Phase Phase Phase (2017-2020) (2021-2030) (2031-2040) Augmentation (110-450 mm Dia.) 14.5 1.5 1.4 Extension (110-500 mm Dia.) 39.0 11.0 57.2 Total Length (km) 53.5 12.5 58.6 E4 OBJECTIVES OF THE ESIA ASSESSMENT This Environmental & Social Impact Assessment (ESIA) has been conducted in compliance with the Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 2003 established under the Environmental Management and Coordination Act (EMCA) 2015, Water and Sanitation Development Project (WSDP) ESMF and RPF and provisions of the World Bank OP 4.01. The ESIA is expected to achieve the following: • Identify all potential significant environmental and social impacts of the proposed Project and recommend measures for mitigation. • Assess and predict the potential impacts during site preparation, construction and operational and decommissioning phases of the Project. • Guide compliance with project ESMF, WB OP. 4.01 and the national environmental and social regulations. • Generate baseline data for monitoring and evaluating how well the mitigation measures are being implemented during the Project cycle. • Promote stakeholders and public participation. • Design an Environmental and Social Management Plan to avoid, mitigate and where not possible, offset the identified impacts so as to ensure sustainability of the proposed Projects. • Recommend feasible, cost effective and culturally acceptable measures to be MIBP E-5 implemented to mitigate against the potential negative impacts while ameliorating the positive ones. MIBP E-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO E5 APPROACH AND METHODOLOGY The approach to this exercise was structured to cover the requirements under the EMCA, 2015 as well as the EIA regulations as stipulated under the Gazette Notice No. 56 of 13th June 2003 and the World Bank Operational Policy OP 4.01. The assessment involved an understanding of the Project background, the Project designs and the implementation plan as well as Project commissioning. In addition, the baseline information was obtained through physical investigation of the site and the surrounding areas, interviews with surrounding community members through local administration and County structures, stakeholder benchmarking, photography and most importantly, discussions with the Client and the Design Team. E6 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK The Report has been prepared in line with the provisions of relevant policies, legislation and institutional frameworks that guide preparation of ESIA at both National and at the World Bank. Table E4 below summarizes the Kenyan legal and policy statutes that were reviewed during the assessment. Table E4: Applicable Legal and Policies Statutes Statute Category Specific Statute Policy Provisions Constitution of Kenya 2010 Kenya Vision 2030 National Environment Policy (NEP) 2013 HIV and AIDS Policy 2009 National Land Policy 2009 Gender Policy 2011 Policy on Sexual and Gender Based Violence 2017 Kenya National Youth Policy 2006 Sustainable Development Goals (SDGs) 2015 National Climate Change Response Strategy 2010 Acts of parliament EMCA 2015 Land Act 2012 Water Act 2016 Physical Planning Act 1996 (286) The Urban Areas and Cities Act 201 The Public Health Act (Cap.242) HIV and AIDS Prevention and Control Act 2011, Occupational Health and Safety Act (OSHA 2007), Sexual Offences Act 2006, Child Rights Act (Amendment Bill) 2014, Labour Relations Act 2012 National Gender and Equality Commission Act 2011, Workplace Injuries and Benefits Act (WIBA) 2017 Employment Act 2007 Penal Code (Cap 63 of Kenya) The ESIA made reference to the Water and Sanitation Development Program (WSDP)- Environment and Social Management Framework (ESMF) (February 2017) and Water and Sanitation Development Program (WSDP)- Resettlement Policy Framework (RPF) (February 2017). Applicable World Bank Operational Safeguard Polices are listed in Table E5 on Page E-7. MIBP E-7 Table E5: Applicable World Bank Operational Safeguard Policies Safeguards Policies Provision Relevance to the Project World Bank OP 4.01 on -Provides for environmental -An Environmental and Social Environmental Assessment assessment (EA) of projects Impact Assessment of the proposed for Bank financing development/rehabilitation of to help ensure that they are water supply schemes will be environmentally sound and carried out. sustainable, and thus to improve decision making World Bank OP 4.12 on The World Bank Involuntary The total number of PAPs in Involuntary Resettlement Resettlement Policy OP 4.12 the Project area are 5 PAPs, covers direct economic and among them, 4 PAPs are social impacts that result from male while 1 PAP is female Bank-assisted investment with no vulnerable PAPs. All projects. the 5 PAPs will lose structures used for business livelihood established on the proposed water pipeline easement referenced as V03 and V12 in Kaloleni Location, Voi Town Water lines in Mwatate, Wundanyi and Taveta are free from encroachment World Bank OP 4.11 on Provides for measures to -No physical cultural Physical Cultural Resources protect cultural heritage from resources were identified the adverse impacts of project within the project areas. activities and support its However, the ESIA has preservation; provided chance find procedures (appendix 2) to be adopted by the contractor during civil works. E7 STAKEHOLDER AND PUBLIC CONSULTATIONS Stakeholder consultation is generally useful for gathering environmental data, understanding likely impacts, determining community and individual preferences, selecting Project alternatives and designing viable and sustainable mitigation and compensation plans. Stakeholder and public participation are guided by various legal and policy framework documents. For the proposed TAVEVO Water Distribution Network Project, public consultation activities conform to both National as well as WSDP-ESMF and applicable Word Bank Operational Policies as described in Table E6 on Page E-8. MIBP E-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Table E6: Legal and Policy Provisions for Public Participation Level Statutes National Kenya Constitution 2010 Articles 10(2), 35, 69(1), 118, 174(c), 184(1)(c), (Kenya) 196, 201(a), 232(1)d Public Participation Bill 2016 The Environmental Management and Coordination Act (EMCA), 2015 and subsequent regulations of Environment Impact Assessment and Audit Regulation of 2003 World Bank OP 4.01 on Environmental Assessment Operational OP 4.12 on Involuntary Resettlement Policies Stakeholder Mapping was done to ensure that all the stakeholders likely to be affected or influenced by the Project were identified and involved in ESIA detailed study. Table E7 below presents details of stakeholders who were engaged in the ESIA process: Table E7: Stakeholder Inventory for TAVEVO Area Institution Stakeholder • Representative of TAVEVO Water and Sewerage Company Taita Taveta County • Lands and Physical Planning Department Government • Taita Taveta County Public Health Officer • Deputy County Commissioner Voi Sub County National Government • Local Administration (Chiefs and Village Elders) • National Environment Management Authority (NEMA) • Road Agencies (KeNHA & KURA) Education and Health Institutions Institution • Project Affected Persons (PAPs) in Voi • Landlords and tenants of Voi, Mwatate, Wundanyi and Taveta Other Interested Parties • Business Community of Voi, Mwatate, Wundanyi and Taveta • Traders within Voi, Mwatate, Wundanyi and Taveta owners Consultations were done with relevant stakeholders within the Project area during preparation of the ESIA Project Report, Table E8 below provides schedule of Public Consultations conducted. Table E8: Schedule of Public Consultations Number of Date of the participants & Meeting Venue Participants Involved Meeting Gender Representation • Chief Mwachabo location, Mwatate Town at • Consultant representative, Total: 16 30th August the Chief’s Office • TAVEVO representatives, Male 10 2018 at 9am in Mwachabo • Village Elders Female 6 • Members of the public • Chief Voi Location Bomu Social Hall • Consultant representative, Total: 16 30th August Sofia- Voi Town • TAVEVO representatives, Male 10 2018 at 2pm • Village elders Female 6 • Members of the public • Chief Mwatungu Sub Location Wundanyi- • Consultant representative, Total: 14 31st August Mwatungu Sub • TAVEVO representatives, Male 9 2018 at 9am location • Village elders Female 6 • Members of the public MIBP E-9 Number of Date of the participants & Meeting Venue Participants Involved Meeting Gender Representation Taveta- • Chief Ngarigashi Location Ngarigashi • Consultant representative, Total: 32 31st August Location, • TAVEVO representatives, Male 18 2018 at 2pm Lessesia Sub • Village elders Female 14 location • Members of the public • Chief Voi Location Bomu Social Hall • MCA Voi Location Total: 83 14th March Sofia- Voi Town • Consultant representative, Male 55 2019 • TAVEVO representatives, Female 28 • Village elders Members of the public The Project designs and Environment and Social Impact Assessment (ESIA) incorporated issues discussed and resolved in the consultative meeting as summarized in Table 7.6 on Page 7-4. E8 PROJECT SENSITIVE RECEPTORS The assessment identified several receptors located within close proximity of 200m to 500m to the proposed water lines that might be affected by Project civil activities at the time of construction. The receptors might suffer damage associated with the Project activities, for instance, if the receptor is a school the impact could be related to Health and Safety of pupils or if the receptor is a market associated impacts could be disruption of business and demolition of structure. If the receptor is a communal water body, the associated impact could be pollution of the water resource. Likely impacts that the Project can pose to the receptors are summarized below. • Health and Safety risks associated with accidents involving contractor’s equipment and plant, open excavations and destroyed access culverts can also pose risk to students, patients, worshipers and general public. • In case of hospitals and health centres, open trenches can restrict movement of ambulances, fire engines movement can also be restricted in times of emergencies • Dust pollution triggered by movement of plant and equipment on dusty roads pose health risks (respiratory illness) • Noise and excessive vibrations beyond 60 decibels during the day pose health risk (ear related illness) • Destruction of existing public utilities especially domestic water pipeline, this situation would trigger grievances from the users or contamination of the water. Table E9 on Page E-10 presents the receptors identified in Voi Town. MIBP E-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Table E9: Sensitive Receptors in Voi Town Adjacent GPS coordinates of the Type of Receptor Name of Receptor Pipeline Receptor S 03°23.647’ VA 10-11 Kalela Primary School E 038°34.879’ S 03°23.385’ Al Noor Educational VA14 E 038°34.264’ Centre S 03°55.807’ Tawakal Integrated VA 03 E 039°34.298’ School School(s) S 03°22.961’ Voi Vocational Training E 039°34.035’ Centre S 03°55.802’ VA 18 Mwamunga Primary E 039°34.178’ School S 03°22.914’ Voi Boys High School E 039°34.211’ S 03°23.425’ VA 03 Ndovu Health Centre E 038°34.990’ Hospital(s) S 03°23.215’ VB 09 Moi Hospital Voi E 038°33.555’ S 03°56.192’ Bus Park VA 22-19 Voi Bus Park E 039°33.857’ Tsavo East National Park- Voi Tourist Site Tsavo West Nationa Park VB02 Taita Taveta University S 03°23.162’ Kenya Medical Training VB 09 E 038°33.507’ College- Voi Campus University S 03°23.085’ Bona Community College VA02 E 038°34.619’ College and Social Hall S 03°22.852’ Coast Institute of E 038°34.688’ Technology S 03°23.152’ VA 01 Salvation Army Church E 038°34.407’ Christian Fellowship S 03°23.305’ VA01 Foundation Church Voi E 038°34.563’ Parish S 03°23.013’ VA01 PEFA Church Sofia E 038°34.293’ S 03°23.305’ VA03 Tawakal Mosque E 038°34.563’ Church/Mosque(s) S 03°23.563’ VA 10-11 Kaloleni Jamia Mosque E 038°34.924’ S 03°23.894’ VA08-09r Abdul Rehman Mosque E 038°34.520’ S 03°56.821’ ACK St. Barnabas VA 18 E 039°34.016’ Church • ACK Cathedral S 03°56.154’ Church Voi VA 21 E 039°33.838’ • Full Gospel Churches The assessment identified sensitive receptors in Mwatate Town that are likely to be impacted by the Project as presented in Table E10 on Page E-11 MIBP E-11 Table E10: Sensitive Receptors in Mwatate Town Adjacent GPS coordinates of Type of Receptor Name of Receptor Pipeline the Receptor Kenyatta High School Mwakitutu Primary School Kitivo Primary School S 03°30.502’ School(s) MA01 Mwatate Secondary E 038°22.462’ School Mwatate Primary School and Special Unit S 03°30.262’ Mwatate Sub-County Hospital(s) MA01 E 038°22.057’ Hospital S 03°30.061’ Bus Park MA02 Mwatate Bus Park E 038°22.558’ Markets MA02 Mwatate Market Companies S 03°30.272’ MA01 Jirani Smart E 038°22.132’ MA02 Rivers of Joy Ministries Churches/Mosques S 03°23.085’ Omega Pentecostal MA03 E 038°34.619’ Church The assessment identified sensitive receptors in Wundanyi town as presented in Table E11 below. Table E11: Sensitive Receptors in Wundanyi Town Type of Adjacent GPS coordinates of the Name of Receptor Receptor Pipeline Receptor WY02 Mbauro Primary School S 03°25.171’ Senior Chief Mwangeka Girls WY02 E 038°20.736’ High School School(s) WY01 Kungu Primary School S 03°24.469’ WY01 Wesu ECD Nursery School E 038°20.536’ S 03°24.382’ Hospital(s) WX01 Wesu Sub-County Hospital E 038°20.432’ S 03°25.188’ Markets WY01 Kungu Market E 038°20.734’ Forest WX01 Wesu forest S 03°24.146’ Hon Dawson Mwanyumba Stadium E 038°21.749’ Stadium Tourist Wesu rock attraction Prison Wundanyi GK Prison Police S 03°24.138’ Wundanyi Police station station E 038°21.692’ County Taita Taveta County Offices headquaters The assessment identified sensitive receptors in Taveta town as presented in Table E12 on Page E-12. MIBP E-12 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Table E12: Sensitive Receptors in Taveta Town Type of Adjacent GPS coordinates of the Name of Receptor Receptor Pipeline Receptor School(s) TA06 S 03°23.480’ Sowene Primary School E 037°40.459’ Taveta Junior Academy TA02 Leisure academy Primary School Hospital(s) TA02 S 03°23.490’ Taveta Sub-County Hospital Markets TA02 E 037°40.459’ Taveta Market Air strip TC03 S 03°23.231’ Taveta Airstrip E 037°40.371’ Bus park TC03 S 03°23.482’ Taveta bus park E 037°40.459’ Slaughter house TC03 S 03°22.470’ Slaughter house Police Station TC03 E 037°40.825’ Taveta Police station E9 PROJECT IMPACTS Assessment of Project Impacts was based on analysis of the proposed project components and existing environmental conditions. The impacts arising during each of the phases of the proposed development namely construction, operation and decommissioning, can be categorized into: Impacts on Biophysical Environment; Health and Safety Impacts and Social-Economic Impacts as detailed below. E9.1 Positive Impacts During Construction Phase The Project is envisaged to have more positive impacts after completion of the civil works and commissioning. A summary of anticipated positive impacts include: • Employment opportunities during construction, the design report has provided for 90% unskilled labour and 60% skilled labourers to be sourced from the local market. • Provision of ready market for construction materials such as sand, ballast and cement that will be sourced from local market, this will lead to injection of money into the local economy • Technological and knowledge transfer to the local sector, this will be through the artisans employed and trained by the Project. E9.2 Positive Impacts during Operation Phase The Project will result to both direct and indirect benefits to the residents of TAVEVO Project area as summarized below: (i) Associated employment opportunities created during rehabilitation and extension of water pipelines, these jobs will be as a result of market for construction materials such as sand, cement and ballast” Improved affordable, clean, reliable water supply within Project area leading to improved health and hygiene (ii) Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes (iii) Improved health and nutrition of people in Voi, Mwatate, Wundanyi and Taveta Towns through consumption of treated safe water (iv) Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education. MIBP E-13 E9.3 Negative Impacts and Mitigation Measures during Construction Stage Abstract on Asbestos Cement Drinking Water Pipes and Possible Health Risks Asbestos cement pipes have been widely used in many countries for many years, although installation of new asbestos cement water pipes has declined significantly over the past 10 years because of difficulties in handling, public perception and the availability of better materials (HDPE pipes). The health effects resulting from chronic inhalation of asbestos dusts are well established and include asbestosis and mesothelioma, a highly characteristic cancer of the lung. There is a very good qualitative understanding of the effects of inhaled asbestos fibres and the physical characteristics of the fibres are considered to be very important in determining their ability to cause disease. Concern that ingested asbestos fibres could also lead to possible health effects has resulted in this topic having been widely studied by both epidemiology and by studies in laboratory animals. While the works proposed under the current Short-Term Phase will not involve replacement of AC pipes, precaution is necessary should the works encounter the AC pipes which exists in some sections of the mains and distribution lines in Voi town. Therefore, a detailed Abstract on Asbestos Cement Drinking Water Pipes and Possible Health Risks is presented in Appendix 3.0 to this Report. Other Impacts The Construction Stage will involve activities such as; delivery of pipes and associated fittings to the Project site, excavation of trenches, temporary stockpiling of excavated materials along the trenches, importing materials for pipeline bedding and surrounds (e.g. sand, cement, and concrete), etc. The above activities have the potential of triggering negative environment and social impacts and risks during Project Construction Phase which can be categorized into three settings, namely: Biophysical, Socio Economic and Occupational Health and Safety setting. Table E13 below provides a summary of identified Impact and possible mitigation measures. Table E13: Negative Impacts and Proposed Mitigation Measures during Construction Impact Summary of Mitigations Bio-physical Environment Impacts on Vegetation ▪ Compensatory planting of trees that will be cut by the Resources contractor during excavation of water pipeline trenches. • The project footprint will Through the support of Kenya Forest Services (KFS), require minimal clearance persons living close to the pipeline route should be given of vegetation along tree seedlings to plant in their farms proposed water pipeline ▪ Vegetation should only be cleared along the Project routes corridor and where it will interfere with Project • This impact is less construction and/or present a hazard. significant because the ▪ The local community should be given a chance to pipelines are proposed to be harvest the targeted vegetation if they so wish. implemented within urban ▪ Areas to be cleared should be agreed and demarcated centers where vegetation before the start of the clearing operations to minimize has been cleared by exposure. anthropogenic activities ▪ Also, staged vegetation clearance is recommended so MIBP E-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Impact Summary of Mitigations as not to clear the entire corridor all at once. ▪ The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc. shall be encouraged. Water Resources • Water resources common • Isolate solid wastes disrupted from the works during within project area are excavations for safe disposal. The wastes should be shallow wells where collected and disposed in approved sites. residents get water to • Excavations for the construction are carried out supplement unreliable considering safety of the surface drainage. Control water supplied by siltation of rivers and other surface drains TAVEVO. • Ensure spilt oil does not discharge into water sources • The soil structure is Provide oil spill containment including concrete platform composed of porous coral for servicing of construction equipment and holding of rocks, this implies that scrap oil drums. effluents could easily • Contain excavated soils so that they will not find their infiltrate into the water way into nearby water sources resources • Spilled cement or concrete should be collected and • Major concerns will be disposed away from natural water ways or storm water water abstraction, soil drainage; erosion and effluent pollutants from plant and • Sensitize workers and enable them to properly handle equipment. concrete spillages or waste cement; Soil resources • The spilled oil from fuelling and servicing stations should • Alteration of soil physical be trapped in grit chambers for settling of suspended properties as well as matter before being release into the environment exposure to erosion agents • Collected oil should be properly disposed to avoid any may result from the civil and underground water contamination general works within the • To limit exposing soils to agent of erosions, water pipeline Project site. excavations will be limited within set out areas • Effects of soil pollution may • Wherever possible, excavations should be carried out also result from accidental during the dry season to prevent soil from being washed oil spills. away by the rain; • Soils in the Project area are • Excavated materials should be kept at appropriate sites composed of highly porous approved by the Supervising Engineer; coral weathered soils Health and Safety Impact • Contractor will comply with the provisions of EMCA 2015 (Air Quality Regulations 2014). • Water sprays shall be used on all excavated areas within Air Pollution 200 metres of human settlement especially during the • Air quality pollution caused dry season. by emissions from • The removal of vegetation shall be avoided until such construction plant and time as clearance is required and exposed surfaces shall equipment which include be re-vegetated or stabilised as soon as practically dust and gaseous possible; emissions. • Do not carry out dust generating activities (excavation, • Impacts relate to the handling and transport of soils) during times of strong receptors such as schools, winds. health facilities, market • Water sprays shall be used on all excavated areas. centres and places of Water shall be applied when need be to reduce dust worship as identified in emissions caused by vehicle movements or wind Tables E.10 to E.13 on • Vehicles delivering soil materials shall be covered to Pages E-9 to E-11 reduce spills and windblown dust; • Vehicle speeds shall be limited to minimize the generation of dust on site. • Proper maintenance of construction vehicles MIBP E-15 Impact Summary of Mitigations • Contractor will comply with provisions of EMCA 2015 (Noise and Excessive Vibrations Regulations of 2009). Noise and excessive vibration • The Contractor will keep noise level within acceptable from construction equipment limits (60 Decibels during the day and 35 Decibels during and vehicles could pose health the night) and construction activities shall, where and safety risks to workers and possible, be confined to normal working hours in the community sensitive receptors residential areas. identified in Tables E.9 to E.12 • Sensitive receptors presented in identified in Table E.9 to on Pages E-10 to E 12 E.12 on page E-10 to E-12 shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. • Establish a Health and Safety Plan (HASP) for civil works areas ensuring the working hours are controlled and that employees are not allowed to extend the working hours beyond an acceptable limit for purposes of gaining extra pay; • Provide workers with adequate and appropriate Personal Protective Equipment (PPEs) such as gloves, ear gears, Occupational health and sturdy rubber boots and overalls to protect their skin from safety risks associated with the the effects of cement; Project to workers and • Provide workers training on safety procedures and community emergency response such as fire and sewer pipe bursts; • Through an approved occupational safety and health advisor, train workers on proper working and handling of asbestos cement material before commencement of works. Refer to detailed mitigation guidelines in Appendix 3. • A site waste management plan should be prepared by the Contractor prior to commencement of construction works. This should include designation of appropriate waste storage areas, collection and removal schedule and identification of approved disposal site; Solid waste generation from • Ensure that the solid waste collection, segregation, and construction activities disposal system is functioning properly at all times during the construction phase; • Recycle and re-use wastes where possible such as scraps metal. • All hazardous waste to be collected and disposed by licensed waste • Water containing pollutants such as concrete or chemicals should be directed to a conservancy tank for removal from the site where applicable • The contractor shall prevent runoff loaded with sediments Liquid wastes during the from flowing into water channels. construction phase, various • No grey water runoff or uncontrolled discharges from the liquid wastes including grey and site or working areas to adjacent water resources. black water, concrete washings, • The contractor shall ensure that the machines an runoff from camp and workshop equipment are in good condition to prevent leakages areas. • Interceptors such as sand can be used to prevent pollutants from reaching water resources • Ensure proper handling of lubricants, fuels and solvents while maintaining the equipment Spread of COVID-19. During • The Contractors will develop standard operating procedures construction, it is expected that (SOPs) for managing the spread of Covid-19 during project large numbers of construction execution and submit them for approval by the Supervision workers will interact closely in Engineer and the Client, before mobilizing workers to the site(s). The SOPs shall be in line with the World Bank MIBP E-16 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Impact Summary of Mitigations meetings, toolbox talks and at guidance on COVID-19, Ministry of Health Directives and work sites. This could present an site-specific project conditions; enabling environment for the • Mandatory provision and use of appropriate Personal COVID-19 virus to spread rapidly Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; The Contractor if mitigation measures provided shall ensure that less than 15 workers are present at one here are not adhered to and location. Whereas in case of two or more Workers assigned enforced. a joint assignment, social distancing of at least 2 meters should be maintained. • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for Covid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure that such facilities are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; • Electronic means of consulting stakeholders and holding meetings, shall be encouraged, whenever feasible. One- on-one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; • Avoid concentrating more than 15 community members at one location. Where more than one person is are gathered, maintain social distancing of at least 2 meters (6 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. Spread of COVID-19 amongst • Use traditional channels of communications (TV, community members during newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have consultation processes 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. Social Impacts Project impact to private • The ARAP report has been prepared as a separate property and sources of document and will presented as volume II to this livelihood assessment. Spread of communicable • The contractor at the time of Project implementation will diseases and HIV/AIDS develop appropriate training on potential spread and infection awareness materials for Information, Education and sensitisation of workers during project construction MIBP E-17 Impact Summary of Mitigations phase. • Develop an intervention strategy compatible with the construction programme to address success of the HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders; and • Integrate monitoring of HIV/AIDS preventive activities as part of the construction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs • Effective community engagement and strong grievance mechanisms on matters related to labour through Grievance Redress Mechanism (GRM) Provided • Effective contractual obligations for the contractor to adhere to the mitigation of risks against labour influx , including sexual exploitation and abuse • Proper records of labour force on site while avoiding child and forced labour • Fair treatment, non-discrimination and equal opportunity of workers. • Comply to provisions of Labour Relations Act 2012 and Work Place Injuries and Benefits Act (WIBA 2007) and Employment Act Cap 222 of 2007 • The contractor shall comply with the International Labour Organization Standards ratified in Kenya which include but not limited to: Prohibition of forced labour (ILO No 29) and Abolition of forced labour (ILO No 159). • The contractor shall prohibit servitude, forced and bonded labour, Equal remuneration ILO No 100 and Discrimination (Employment and Occupation) and Freedom of Association and Right to collective Bargaining Convention No 98. Labour Influx to the Project • The contractor shall comply with affirmative action that it area. will employ persons and make employment-related decisions without regard to an individual’s race, color, religion, sex, age, creed, ancestry, marital status, sexual orientation, gender identity, disability, medical condition, genetic information, or any other characteristic protected by law. • The contractor shall ensure compliance with the Kenya’s persons with disabilities PWDs Act. The company will make reasonable accommodations for qualified individuals with known disabilities. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination and access to benefits and training. • The contractor responsibility to provide all employees with a workplace free of harassment, intimidation, coercion and retaliation as provided by Kenya’s Employment Act Cap 226 of 2007 • All employees, officers and directors are responsible for conducting themselves so that their actions are not considered sexually harassing, demeaning or intimidating. • Any employee(s) who witness or believe they have been subject to discrimination, harassment, retaliation is encouraged to notify their supervisor Gender-based violence and • Ensure clear human resources policy against sexual Sexual Harassment at the harassment that is aligned with national law community level MIBP E-18 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Impact Summary of Mitigations • Integrate provisions related to sexual harassment 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 construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse • The contractor will implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: o effective and on-going community engagement and consultation, particularly with women and girls; o review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; etc. • the contractor shall develop specific plan for mitigating these known risks, e.g. sensitization around gender- equitable approaches to compensation and employment; etc • The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation • Mainstream Gender Inclusivity in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule and National Gender and Equality Commission Act 2011 • Protecting human risk areas associated with, disadvantaged groups, interfering with Participation Rights Violation of Human Rights, and and Labour Rights gender requirement by Contractors • To include promotion of human rights, including gender equality and equity in Employees Code of conduct • Ensure safe employment for women, including training for all staff on Safety Health Code of Conduct, sex- disaggregated latrines, regular consultation with female employees and other measure to ensure physical safety and dignity of female employees • Develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the Project. • All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour • Children under the age of 18 years should not be hired on site as provided by Child Rights Act (Amendment Bill) 2014 Violation of children rights by • Wherever possible, ensure that another adult is present contractor and labour force on when working in the proximity of children. site. • Not invite unaccompanied children to workers home, unless they are at immediate risk of injury or in physical danger. • Refrain from physical punishment or discipline of children). • Refrain from hiring children for domestic or other labour, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. MIBP E-19 Impact Summary of Mitigations • Comply with all relevant local legislation, including labour laws in relation to child labour specifically provisions of Kenya’s Employment Act Cap 226 of 2007 Part VII on protection of children against exploitation • Prepare and sign code of conduct with specific provisions for the protection against sexual harassment of project staff by project staff in the workplace. • Develop and implement an SEA action plan with an Accountability and Response Framework as part of the C- ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender - based Violence in Investment Project Financing involving Major Civil Works (Sept 2018). • The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, Sexual exploitation and abuse of including confidential data management; community members by project o Engagement with the community: including workers development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community- level IEC materials; regular community outreach to women and girls about social risks and their PSEA- related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. E9.4 Negative Impacts and Mitigation Measures during Project Operation Period Table E14 below presents a summary of potential negative impacts likely to be experienced during operation of the project and the proposed mitigation measures. Table E14: Potential Negative Impacts and Proposed Mitigation Measures during Operation Potential Impact Proposed Mitigation Measures Risk of Encroachment and Construction of Structures • Arrest and prosecution of encroachers as required by Taita on the Pipeline Way Taveta County By laws on Way Leaves and Road Reserves Leave MIBP E-20 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE UPGRADE OF WATER TAVEVO DISTRIBUTION SYSTEMS FOR TAVEVO Potential Impact Proposed Mitigation Measures • TAVEVO to undertake awareness campaigns aimed at preventing encroachment • Regular patrol /inspection on wayleaves • The risk of pipeline bursts is low as the pipeline design, Risk of Pipeline Bursts including the selection of pipe material and pipe pressure Leading to Water Loss classes, has been carried out to minimize this risk. (Non-Revenue Water) • Risks to be further minimized through regular inspection, repair and maintenance of the pipeline by the Operator, TAVEVO • Regular inspection by TAVEVO of the pipeline corridor for Risk of Illegal illegal connections Connections and • Prosecution of encroachers as required by Taita Taveta Vandalism of the Pipeline County By laws on Way Leaves and Road Reserves • TAVEVO will undertake awareness campaigns to prevent illegal connection to the water lines E10 FINDINGS AND CONCLUSIONS The Environmental and Social Impact Assessment (ESIA) undertaken for the Project indicates that the Project will have the following impacts: (i) The Project area is located within Voi, Wundanyi, Mwatate and Taveta Towns, these towns are influenced by anthropogenic activities and no sensitive environment ecosystems were identified along the Proposed Water line routes. Therefore, there will be no direct interaction of the Project activities at the time of construction with the natural sensitive ecosystems. (ii) The Environment and Social impacts will be less significant impacts which can be mitigated as discussed in Chapter 8 of this assessment. The Key provisions of the Environment and Social Impact Assessment Project Report are as follows: (i) The Bid Documents prepared for the Project incorporates the Environment, Social Health and Safety Provisions discussed under Chapter 8 (Environment and Social Impact Assessment and Mitigation Measures). (ii) The Project Contract Document shall include provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (CEMSP), annexes to the CEMSP will include: ✓ Health, Hygiene and Safety Plan ✓ Labour Management Plan ✓ Child Protection Strategy ✓ Waste Management Plan ✓ Contractors Code of Conduct including provisions on VAC, SEA, and SH ✓ Gender Based Violence and Sexual Harassment prevention Strategy ✓ HIV/Aid Prevention Strategy ✓ GBV Action Plan, including: • SEA Prevention and Response Strategy • SH Policy • GBV Mitigation Plan MIBP E-21 • SEA Redress Mechanism • SH Redress Mechanism (iii) The Project supervising engineer will engage on a fulltime basis environment and social safeguards officers who will be in charge of ensuring compliance of the contractor to environment and social provisions provided by the ESIA and Construction Environment and Social Management Plans (CEMP) prepared by the contractor. The officer will participate in monthly and quarterly meetings and will generate monthly and quarterly environment and social safeguards compliance reports. The contractor should also recruit a community liaison officer who will act as a link between the community and the contractor. (iv) At Project Implementation Stage, the Contractor will report to the Project management team comprising of the Consultant and the Project proponent monthly on how ESHS provisions detailed in this ESIA are addressed. In line with the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 and its 2015 revisions, and World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be promptly reported to the respective regulatory institution in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank. Records of All incidents shall also be maintained and available for inspection through the project implementation phase. Investigation shall be conducted, and a corrective action plan developed for every reportable incident to prevent recurrence. (v) At Project completion stage, within the defects liability Period, Coast Water Works Development Agency (CWWDA) will initiate an Initial Environment and Social Audit for the Project as required by EIA/EA Audit regulation of the year 2003 and subsequent annual audits. The audit will develop an Environment and Social Audit Action Plan (ESAAP) that will be used to track Project Environment and Social Compliance during Project operation. The ARAP report prepared for the Project will be implemented in line with the provisions of the ARAP as required by World Bank OP 4.12 on Involuntary Resettlement. The ARAP findings were that the total number of PAPs in the Project area are 5 PAPs, among them, 4 PAPs are male while 1 PAP is female with no vulnerable PAPs. All the 5 PAPs will lose structures used for business livelihood established on the proposed water pipeline easement referenced as V03 and V12 in Kaloleni Location, Voi Town. ARAP for the project has however proposed livelihood restoration measures for the 5PAPS losing business and structures. The ARAP provides a total implementation budget of Kshs. 818,830 (Eight Hundred and Eighteen Thousand, Eight Hundred and Thirty Kenya Shillings). MIBP E-22 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MAIN REPORT MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION SHORT Mombasa and 3WSPs TERM WORKS FOR TAVEVO 1.0 BACKGROUND INFORMATION General Information The Government of Kenya (GoK) and Coast Water Works Development Agency (CWWDA) with financial support from the International Development Association (IDA) has undertaken to prepare Detailed Designs, ESIA/RAP and Bid Documents for Water Distribution Works for Mombasa and three (3) Water Service Providers (WSPs) under the Water and Sanitation Service improvement Project- Additional Financing (WaSSIP-AF). The 4 WSPs targeted under the assignment cover the Counties of Mombasa, Kilifi and Taita Taveta and include: • Mombasa Water Supply & Sanitation Co. Ltd. (MOWASSCO) • Malindi Water & Sewerage Co. Ltd. (MAWASCO) • Kilifi-Mariakani Water & Sewerage Co. Ltd. (KIMAWASCO) • TAVEVO Water and Sewerage Co. Ltd. (TAVEVO) The Targeted Areas for each WSPs include the following Urban Centres: • MOWASSCO: Mombasa Island, North Mainland, South Mainland and West Mainland • MAWASCO: Malindi and Watamu • KIMAWASCO: Kilifi, Mtwapa, Mariakani, Mazeras and Kaloleni • TAVEVO: Voi, Wundanyi, Mwatate and Taveta • Figure 1.1 on Page 1-2 shows the respective Areas of jurisdiction for the 4 WSPs. This Report presents the Environmental & Social Impact Assessment (ESIA) for the Proposed Distribution Network Investments for TAVEVO Water and Sewerage Company Limited (TAVEVO). Stand Alone Environmental & Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) Reports have been prepared for the other 3Nr Water Services Providers (WSP). MIBP 1-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION SHORT Mombasa and 3WSPs TERM WORKS FOR TAVEVO Figure 1.1: Area of Jurisdiction of 4 WSPs in Mombasa, Kilifi and Taita Taveta Counties MIBP 1-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION SHORT Mombasa and 3WSPs TERM WORKS FOR TAVEVO Project Background The main existing water sources serving key Towns and Urban Centres in the Coastal Region such as Mombasa, Malindi, Kilifi, Kwale and Voi include: • Baricho Wellfield – Capacity 96,000 m3/day, serving Mombasa North Mainland and Island, Malindi, Watamu, Kilifi, Mtwapa and en-route population • Mzima Springs – Capacity 35,000 m3/day, serving Voi, Mombasa West Mainland & Island and en-route population • Marere Springs – Capacity 12,000 m3/day, serving Kwale, Kinango, Mombasa West & South Mainlands and en-route population • Tiwi Boreholes – Capacity 10,000 m3/day, serving Ukunda, Tiwi and Mombasa South Mainland. The capacity of the existing sources is inadequate to meet the present water demand in the target service areas. The water scarcity compounded with the high Non-Revenue Water (NRW) results in extreme water shortages in the region leading to increased prevalent poverty levels and health problems especially among the low-income population category. A “Master Plan for Water Supply for the Coast Region” was prepared in 2014 (TAHAL/Bhundia). The Master Plan identified existing and proposed future water sources that can be developed to meet the water supply deficit brought about by the growing population. The Water Supply Sources identified under the Master Plan are as given in Table 1.1 below. Table 1.1: Sources Identified under the Water Supply Master Plan Current Capacity Potential Production Water Source Status (m3/d) (m3/d) Mzima Springs Existing 35,000 105,000 Marere Springs Existing 12,000 12,000 Baricho Well Field Existing 96,000 180,000 Tiwi Well Field Existing 10,000 15,000 Njoro Kubwa Springs Existing 3,000 100,000 Msambweni Aquifer Under development - 20,000 Existing (for private Mkurumudzi Dam - 19,000 use) Mwache Dam At Tendering Stage - 186,600 (Source: Water Supply Master Plan -Tahal/Bhundia 2014) The Water Supply Master Plan (2014) recommends options for the development of the existing and proposed new water sources in four stages: i. Immediate Phase (2015) ii. Phase I (2020) iii. Phase II (2025) iv. Phase III (2035) In the Water Supply Master Plan (2014), the preferred option for the water sources development comprises of: • Mwache Dam (to be completed by 2020) • Second Enhancement of Baricho Scheme (to be completed by 2025) • Mzima II Pipeline (to be completed by 2035) MIBP 1-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO To ensure optimum value is obtained upon Commissioning of these Planned Water Sources, the Master Plan prepared by MIBP/ Nippon (2017) recommended Improvement of the Water Distribution Networks. Project Implementing Agency TAVEVO Water and Sewerage Company Ltd. (TAVEVO) was incorporated on 7th April 2006. It is the Water Services Provider (WSP) contracted by the Coast Water Works Development Agency (CWWDA) under a Service Provision Agreement to provide water and sewerage services within Taita and Taveta Districts which currently form Taita Taveta County. The mandate of the company is to provide cost effective and affordable quality water and sanitation services in its jurisdiction through; a) Provision of quality and economical water and sanitation services to consumers; b) Billing for water and sanitation services and ensure timely collection of revenues; c) Routine maintenance to water and sanitation services infrastructure; d) Ensuring compliance with standards and licensing requirements set by CWWDA (as stipulated by Service Provision Agreement - SPA). TAVEVO head offices are in Voi Town while branch offices have been established in the several parts of the service area including Wundanyi, Mwatate and Taveta Towns. Pertinent details regarding TAVEVO are as follows: • Mandated to serve the Taita Taveta County (Voi, Wundanyi, Mwatate and Taveta Urban Centres) • Estimated area of jurisdiction is 17,084 km2 • 62% of TAVEVO WSP area comprises of Tsavo East and Tsavo West National Parks • Estimated Year 2009 population of 284,657 (National Housing and Population Census, 2009) • Supplied by the Bulk Water Supply System from Mzima Springs located in Tsavo National Park (Only Voi is supplied from the Bulk Water Supply System) • Average Monthly Billing is approximately Kshs. 18 Million (2015) Figure 1.2 on Page 1-5 shows the coverage area for TAVEVO. MIBP 1-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 1.2: Coverage Area of TAVEVO WSP MIBP 1-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 2.0 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM Delineation of TAVEVO Area The total area under the jurisdiction of TAVEVO Water and Sewerage Co. Ltd. (TAVEVO) is approximately 17,084 km² and comprises of Urban Areas, Peri-Urban Areas, Rural Areas and Trading / Market Centres. The Terms of Reference (ToR) of the Assignment specified that the Project Area for the Detailed Design of the Water Distribution Network covers the Urban Centres and the Peri- urban areas only. Delineation of the TAVEVO Area of jurisdiction into Urban and Peri-Urban Areas was detailed in Deliverable D2 of this Assignment and titled “Water Supply and Demand Assessment Report for TAVEVO”. This Report was Submitted in June 2018. A brief description of the Urban Centres, Peri-Urban Areas and Market Centres within the Project Area is given in the following sub-sections. 2.1.1 Urban Centres The current TAVEVO Urban Area consists of four Urban Centres i.e. Taveta, Voi, Wundanyi and Mwatate Towns. These Urban Centres are briefly described below. a) Voi Town Voi is the largest town in Taita – Taveta County in the Kenya’s coastal region. It lies South East of Nairobi and 160 km from Mombasa along the Mombasa – Nairobi Highway at its junction with the Voi-Taveta Road at the western edge of Taru Desert, south and west of Tsavo East National Park. Voi town is a market place for agricultural and meat products from the fertile Taita Hills. Voi Town is a fast-growing metropolis with future development expected to concentrate along the Nairobi/Mombasa/Taveta Highways junction. In the year 2009, the population of the town was estimated to be 17,152 (National Housing and Population Census Report, 2009). b) Taveta Town Taveta Town is the second largest Town in Taita Taveta County. It lies at the border of Kenya with Tanzania, directly across from the Town of Holili and approximately 111 km west of Voi on the Arusha–Holili–Taveta–Voi Road. Taveta Town sits at the foot of the iconic Mount Kilimanjaro and enjoys proximity to Lake Chala, a volcanic freshwater lake. The estimated year 2009 population for the Town was 17,465 (National Housing and Population Census Report, 2009). Taveta thrives as a point of commerce between Kenya and Tanzania, with a twice- weekly outdoor market. The market is fuelled in part by Taveta’s rail connection through Voi with the Mombasa – Nairobi – Kampala line. The Holili/Taveta customs and immigration post is a One Stop Border Post. MIBP 2-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO c) Wundanyi Town Wundanyi Town is located in the Taita Hills of Southern Kenya, about 20 km west of Voi Town and 14 km north of Mwatate. According to the Housing and Population Census Report (2009), the Town had an estimated population of 4,177 persons. Wundanyi town is located approximately 40 kilometres west of Voi town, which is the largest town in Taita Taveta county. The main economic activities of Wundanyi Town are agriculture and tourism. The town is a popular tourist destination for hikers. At present, the town is experiencing slow development due to inadequate land for expansion as it is surrounded by private smallholder farms with title deeds. Wundanyi Town has been gazetted as the County headquarters following the passing of the County government Amendment Bill 2016 which was assented into law by the president in August 2016 despite earlier plans to relocate the county headquarters to Mwatate Town. Wundanyi Town is popular for its tourist attraction sites such as Ngangao Forest, The huge granite Wesu Rock and the Cave of Skulls. d) Mwatate Town Mwatate town, the third largest town in Taita Taveta County, lies at the junction to Wundanyi on Voi-Taveta Road and is located approximately 26 km southwest of Voi Town. At present the Town has a linear pattern of growth along the Voi –Mwatate – Taveta Road. If County headquarters are relocated from Wundanyi to Mgeno Area within Mwatate as earlier planned, rapid development of Mwatate will be realized. 2.1.2 Peri–Urban Areas “Peri-Urban” refers to an area that is on the urban fringe which has characteristics of both Urban and Rural Areas. Peri-Urban areas are regarded as rural-urban interface or transition zones where urban and rural activities mix. The current TAVEVO Peri-Urban Area consists of the areas adjacent to Mwatate and Wundanyi Centres. 2.1.3 Market / Trading Centres Trading / Market Centres are centres that are located away from the Core Urban and Peri- Urban areas, but which exhibit a level of development and commercial activities similar to Urban areas e.g. manufacturing, retail businesses, hotels, institutions etc. There are three Market / Trading centres located within TAVEVO Area of jurisdiction, namely: • Maungu • Landi • Bura • Maktao MIBP 2-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 2.1.4 Rural Areas Rural Areas are areas whose populations are primarily involved in primary production, predominantly agricultural activities such as crop farming, livestock rearing etc. The residual areas after Urban and Peri-Urban Areas have also been defined as Rural areas. The two National Parks (Tsavo East and Tsavo West) cover approximately combined area of 10,650km2 which translates to 62% of the total land area under TAVEVO. Further, water bodies cover 16km2 leaving about 22% of the total TAVEVO Service Area for settlement and agricultural activities. Rural areas make up approximately 21% of the total coverage area of TAVEVO Service Area, which is a significant coverage. However, this proportion is projected to decrease progressively as the Urban and Peri – Urban areas of the WSP expand. Existing Water Supply System The Existing Water Supply System for TAVEVO consists of the Bulk Water Supply Sources, Local Water Sources, Storage Reservoirs and Distribution Networks as detailed in the following sub-sections; 2.2.1 Bulk Water Supply System TAVEVO Service Area is currently supplied from two Bulk Water Supply sources; • Njoro Kubwa Springs: Current capacity of 3,000m3/d and a Potential production of 100,000m3/d • Mzima Springs: Current capacity of 35,000m3/d and a Potential production of 105,000m3/d Njoro Kubwa Springs emerge from Kilimanjaro Aquifer and are located 3km South East of Taveta Town. The Water Supply Master Plan (Tahal/Bhundia-2014) indicates that Njoro Kubwa Springs as well as Lutheram and Office Boreholes serve Taveta Town. Mzima Springs are located South West of the Chyulu Hills in Tsavo National Park. At present, the Springs serve Mombasa and the en-route service areas of Voi, Maungu, Mazeras and Mariakani. It is proposed that in the year 2035, Mzima Springs will serve the Urban Centres of Mwatate and Wundanyi upon construction of Mzima II Pipeline (Tahal/Bhundia 2014). The Urban Areas of Mwatate and Wundanyi are currently not being served by these two major springs i.e. Njoro Kubwa Springs and Mzima Springs as they rely on local water sources which include: • Ngiriwunyi River • Mwasinenyi Borehole • Wesu Springs/River • Wundanyi River Under the Water Supply Master Plan (Tahal/Bhundia-2014), the capacity of these local water sources was not assessed and is therefore not known. However, under Phase III (2035) of the WSMP, a New Pipeline (300 dia. and 30km long) is proposed to be laid from Voi to serve Mwatate and Wundanyi through pumping. Two Reservoirs will be constructed at Mwatate (capacity of 5,000m3) and another one at Wundanyi (capacity of 1,000m3). MIBP 2-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The locations of the two Reservoirs is not known but it’s assumed that the Reservoirs will be located at the highest point within the two urban centres to have a large command area. Figure 2.1 on Page 2-5 shows a schematic diagram of the Existing Water Supply System for TAVEVO WSP. 2.2.2 Water Supply to Voi Town Voi Town is served by the Bulk Water Supply System from Mzima Springs via Mzima pipeline (750 mm dia.) through 4 Nr offtakes. Water from Mzima Springs flows by gravity and serves other urban centres which include Mazeras, Mariakani, Mombasa and Maungu Market Centre. The Existing water supply system for Voi Town entails a Bulk Water Source, Storage Reservoirs, Pumping Stations and a Distribution Network and is summarized in the Table 2.1 on Page 2-6. MIBP 2-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 2.1: Schematic Diagram of Existing Water Supply Sources for TAVEVO WSP MIBP 2-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Table 2.1: Summary of Existing Water Supply System in Voi Town Water Sources Mzima – Mombasa pipeline from Mzima Springs Water Treatment Chlorination at Break Pressure Tank 2 (along Mzima Pipeline) Water Pumps 2 No. Vertical Pumps (30m3/hr) Water Mains 4km DN 250/200/150 AC/GI from Mzima Pipeline to Town Reservoir 450 m3 and 125 m3 at Pumping Station Water Storage 450m3 reservoir (Mwakingali Tank) 14km of GI pipes from DN 50 to DN 200 Water Distribution 5km of AC pipes from DN 75 to DN 250 3km of uPVC pipes from DN 100 to DN 150 A schematic diagram of the Existing Water Distribution Network in Voi Town is given in Figure 2.2 below. Figure 2.2: Schematic Diagram of Existing Water Supply System for Voi Town A Layout Plan of the existing Water Distribution Network in Voi Town is given in Figure 2.6 on Page 2-10. MIBP 2-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 2.2.3 Water Supply to Taveta Town Taveta Town is served from Njoro Kubwa Springs, Lutheram Boreholes and Office Boreholes. Njoro Kubwa Springs is the main source of water for Taveta Town and is scheduled for development to give a higher yield in Phase I (Year 2020) of the Water Supply Master Plan (Tahal/Bhundia -2014). The Existing water supply system is summarized in Table 2.2 below: Table 2.2: Summary of Existing Water Supply System in Taveta Town Water Sources Njoro Kubwa Springs and 3Nr. Boreholes (Lutheram, Eldoro and Office Borehole). Water Treatment Chlorination done at the Pumping Stations Water Pumps 3Nr. Pumping Stations (Njoro Kubwa, Office and Eldoro) 4Nr. Storage Reservoirs: 1,400m3 Reservoir at California Water Storage 100m3 Reservoir at Eldoro 30m3 Reservoir at Office Water 9.47km - Rising Main diameter varying in size from 75mm to 250mm Distribution Gravity mains diameter varying in size from 15mm to 250mm (54.78 km for dia > 50mm). A schematic diagram of the Existing Water Supply System for Taveta Town is shown in the Figure 2.3 below. Figure 2.3:Schematic Diagram of Existing Water Supply System for Taveta Town A Layout Plan of the Existing Water Distribution Network in Taveta Town is given in Figure 2.7 on Page 2-11. MIBP 2-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 2.2.4 Water Supply to Wundanyi Town Wundanyi Town is served from two local water sources namely Wesu Springs and Wundanyi River. Yale Springs serve a section of the Peri-Urban areas. Most Peri-Urban areas in Wundanyi rely on pumping due to high elevations from the Existing water sources. Mzima Springs is proposed to serve Mwatate Town through Mzima II Pipeline which is scheduled to be constructed by Year 2035 (WSMP-Tahal/Bhundia 2014). Figure 2.4 below shows a schematic diagram of the Existing Water Supply System for Wundanyi Town. Figure 2.4:Schematic Diagram of Existing Water Supply System for Wundanyi Town The estimated total length of the Distribution Network is 30 km. A break-down of the Distribution Network is as follows: • 18 km of GI pipes ranging from 50 to 100 mm diameter • 12 km of uPVC pipes ranging from 50 to 100 mm diameter A Layout Plan of the Existing Water Distribution Network in Wundanyi Town is given in Figure 2.8 on Page 2-12. MIBP 2-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 2.2.5 Water Supply to Mwatate Town Mwatate Town is served by two Local Water Sources namely Ngiriwinyu River and Mwasinenyi Borehole. Mzima Springs is proposed to serve Mwatate through Mzima II Pipeline which is scheduled to be constructed by Year 2035 (WSMP-Tahal/Bhundia, 2014). The Existing water supply system for Mwatate Town entails Local Water Sources, Storage Reservoirs and a Distribution Network. Figure 2.5 below shows a schematic diagram of the Existing Water Supply System for Mwatate Town. Figure 2.5: Schematic Diagram of Existing Water Supply System for Mwatate Town The estimated total length of the Existing Distribution Network is 23 km. A break-down of the Distribution Network is as follows: • 6 km of GI pipes ranging from 50 to 100 mm diameter • 11 km of HDPE pipes ranging from 50 to 110 mm diameter • 6 km of uPVC pipes ranging from 50 to 75 mm diameter A Layout Plan of the Existing Water Distribution Network in Mwatate Town is given in Figure 2.9 on Page 2-13. MIBP 2-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 2.6: Layout Plan of the Existing Water Distribution Network in Voi MIBP 2-10 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 2.7: Layout Plan of the Existing Water Distribution Network in Taveta Town MIBP 2-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 2.8: Layout Plan of the Existing Water Distribution Network in WundanyiTown MIBP 2-12 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 2.9: Layout Plan of the Existing Water Distribution Network in MwatateTown MIBP 2-13 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Existing Sanitation System At present, the Project Towns of Voi, Taveta, Wundanyi and Mwatate have no sewerage system. The use of on-plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. The major problem faced is the lack of a proper sludge management system such as a Sludge Handling Facility for the discharge of septage by the exhaust vacuum tankers. Septage from septic tanks is discharged directly to the environment including unrestricted public utility sites such as near the solid waste disposal sites. In situations of suppressed water supply, such as is experienced in the Project Towns within TAVEVO, the use of on-plot sanitation systems though unsustainable environmentally is manageable. With the planned improvement of water supply situation in the Project Towns, the use of on-plot sanitation systems will not suffice and thus health and environmental hazards are bound to occur. Wastewater Master Plans for Voi and Taveta Towns (MIBP/CES/BOSCH, 2017) propose several measures for implementation to attain sustainable sanitation systems in the Project Towns. The measures include immediate interventions such as construction of Sludge Handling Facilities as well as long-term plans such as construction of Water-Borne Sanitation System to serve the Towns up to Ultimate Horizon of Year 2040. Future wastewater generation for Wundanyi and Mwatate Urban Centres (Year 2040) is expected to be relatively small and implementation of improved On-Plot Sanitation Systems complemented with Sludge Handling Facilities would ensure sustainable environment and a healthy population. However, a small water-borne sanitation system would be prudent for Wundanyi Town being the County headquarter to ensure sustainable wastewater management systems. MIBP 2-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 3.0 PROPOSED WATER WORKS FOR TAVEVO WATER DISTRIBUTION NETWORK Planning Horizons Prioritized Distribution Network Investment Plans have been prepared for the Project Area of TAVEVO considering the Planning Horizon years of 2020, 2030 and 2040. Based on these Planning Horizons, an Investment Program with an Implementation Schedule of 3 Phases has been prepared as follows: • Short Term Phase (Immediate Interventions) : 2017 - 2020 • Medium Term Phase : 2021 - 2030 • Long Term Phase : 2031 - 2040 Based on results of the Hydraulic Network Analysis of the Existing Water Distribution Networks described in the previous Chapter, requirements for upgrading of the Water Distribution Networks necessary to distribute the Water Demands up to the Design Horizon year 2040 have been identified and phased for Implementation However, the ToR for the current assignment covers Short Term Phase (2017 - 2020). Separate RAPs will be prepared for the Medium Term and Long-Term Phases when ready for implementation. Categorization of Proposed Works The Works to be carried out have been grouped into 2 categories: • Extensions-Some Areas that are currently not served by the existing Distribution Network require extensions to take care of the rising water demands. Under Short Term Phase (2017-2020), priority has been given to the Areas which are already built up but lack Water Distribution Network. Other Areas with potential for faster developments have been considered in the Medium-Term and Long-Term Phases. • Augmentation-Where the existing Distribution Pipelines have been found to be inadequate, new pipelines have been proposed to augment the existing pipelines. For economic and space considerations, priority has been given to implementing pipelines with capacities adequate to meet the year 2040 water demand with a phased development under the Short-Term, Medium-Term and Long Term Phases. MIBP 3-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Proposed Works Hydraulic Network Modelling results show that the existing Distribution Network is made up of pipes of sizes that are adequate to distribute the Water Demand estimated for year 2016 and will require Augmentation and Extension works for future water demands. A summary of the proposed Network Improvements/Extensions for TAVEVO Project area at different Planning Horizons is given in Table 3.1 below. Table 3.1: Summary of Lengths of Proposed Water Distribution Network Works for TAVEVO (km) Category of Works Short-Term Medium-Term Long-Term Phase Phase Phase (2017-2020) (2021-2030) (2031-2040) Augmentation (110-450 mm Dia.) 14.5 1.5 1.4 Extension (110-500 mm Dia.) 39.0 11.0 57.2 Total Length (km) 53.5 12.5 58.6 The required Network Improvements / Extensions for TAVEVO Service Area with respect to the Planning Horizon (2017 to 2020) under which this ESIA report is prepared is detailed in Table 3.2 below. Table 3.2: Schedule of Short Term/ Immediate Works for Tavevo (2017 - 2020) Pipeline Pipe Dia. Pipe Length Town Remarks Reference (mm) Material (m) New line to Kaloleni from Mzima offtake VA01 160 HDPE 1,330 distribution line New offtake near Coast Institute of VA02 110 HDPE 963 Technology from Mzima offtake VA03 160 HDPE 1,121 New line to Kaloleni VA04-16 110 HDPE 2,563 VA05r 160 HDPE 3,291 New line to Msambweni VA07 110 HDPE 853 New line to Sikujua Estate VA08-9r 110 HDPE 1,139 VA10-11 110 HDPE 1,861 New line in Kaloleni VA12r 110 HDPE 482 New line in from Post Office along The VA14 110 HDPE 616 Railway Line VA15a 110 HDPE 315 New line near Mombasa Road VA18 110 HDPE 1,460 New line near Voi Boys High School VA20r 160 HDPE 411 Voi VA21 110 HDPE 467 New Line near Post Office VA22-19 110 HDPE 729 VA25 160 HDPE 258 New Line near Town pump Station VB01 160 HDPE 2,147 New line to pump house to TTUC VB02 250 Ferrous 7,502 Rising Main to TTUC New Pipeline from Bomani Offtake to VB05 200/160 HDPE 5,117 Kaloleni Area VB09 75 HDPE 309 New Line near Voi Post Office VB11 110 HDPE 1,188 New Line near Town Tanks VB12 110 HDPE 382 VB13 75 HDPE 650 New Line near Voi Airstrip VB14 110 HDPE 795 New Line near Town Tanks New pipeline from Mzima Offtake VC01 200 HDPE 696 distribution line to Kaloleni VC05 63 HDPE 587 New Line in Mwakingali area VC07 63 HDPE 1,044 New Line MIBP 3-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Pipeline Pipe Dia. Pipe Length Town Remarks Reference (mm) Material (m) Total 38,276 New Pipeline at Mwachabo / Mwatate MA01 200/160 HDPE 1,460 Hospital Mwatate MA02 75 HDPE 992 New Pipeline at Mwachabo Total 2,452 WY01 160/110 HDPE 2,752 WX01 90 HDPE 1,345 Laying of a new pipeline in Wundanyi Wundanyi WY02 90/63 HDPE 754 (Sub-Location) Total 4,851 TA02 110 HDPE 1,580 TA03 110 HDPE 865 TA04 110 HDPE 752 Laying of new pipelines in Muini TA05 110 HDPE 306 Taveta TA06 110 HDPE 259 TC03 110 HDPE 1,302 TC04 110 HDPE 868 Laying of new pipelines in Mahoo TC05 110 HDPE 1,259 Total 7,191 Total for All Project Towns of TAVEVO 52,770 Layout Plans showing the Proposed Water Distribution Network Works for TAVEVO Area under the respective Planning Horizons are given in Figures 3.1 to 3.4 on Pages 3-4 to 3-7. MIBP 3-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM/IMMEDIATE WORKS FOR TAVEVO Figure 3.1: Layout Plan for the Network Improvements / Extensions for Voi Town MIBP 3-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 3.2: Layout Plan for the Network Improvements / Extensions for Mwatate Town MIBP 3-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM/IMMEDIATE WORKS FOR TAVEVO Figure 3.3: Layout Plan for the Network Improvements / Extensions for Wundanyi Town MIBP 3-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Figure 3.4: Layout Plan for the Network Improvements / Extensions for Taveta Town MIBP 3-7 Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa and 3WSPs Investment Requirements for TAVEVO WSP Area A summary of the Investment Requirements for TAVEVO WSP Area in the Short-Term under which this ESIA is prepared is given in Table 3.3 below. Table 3.3: TAVEVO Investment Requirements for the Short-Term Phase (2017-2020) Amount Amount Description (Ksh) (USD) 1 Preliminaries & General 130,002,375 1,300,024 2 Primary and Secondary Mains: i) Voi Town 286,954,894 2,869,549 ii) Taveta Town 37,025,951 370,260 iii) Mwatate Town 17,393,053 173,931 iv) Wundanyi Town 23,797,060 237,971 3 Tertiary and Service Mains 119,023,433 1,190,234 4 Consumer Connections 70,912,050 709,121 5 Bulk Water Meters 33,569,477 335,695 6 Schedule of Dayworks 1,261,580 12,616 Bills Total Exclusive of VAT (A) 719,939,873 7,199,399 Add 10% of (A) for Contingencies (B) 71,993,987 719,940 Bill Total Inclusive of Contingencies (C) 791,933,860 7,919,339 Value Added Tax (VAT) - 16% of (C) (D) 126,709,418 1,267,094 GRAND TOTAL [(C) + (D)] 918,643,278 9,186,433 Note: 1USD=Kshs.100 MIBP 3-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 4.0 APPROACH AND METHODOLOGY Screening for Environment and Social Impacts An essential element of the ESIA is Environmental Screening for potential environment and social impacts that are likely to be triggered by infrastructure Projects. Therefore, the ESIAs ensures that designs and investments are environmentally and socially sustainable, consequently commissioning the study to ensure environmental and social findings are integrated into the designs. Therefore, screening for environment and social risks adopted a standard screening checklist and guided by the WSDP ESMF February 2017 and sample filled screening checklist for Voi, Mwatate, Wundanyi and Taveta towns is presented as Appendix 4 to this Report. As guided by WSDP ESMF February 2017, World Bank OP 4.01 and Kenya’ Environment Impact Assessment and Audit regulations of 2006, the project qualifies to be subjected to an Environment Assessment at Project Report level and therefore the reason for commissioning an environment and social impact assessment. Objectives of the ESIA Assessment This Environmental & Social Impact Assessment (ESIA) has been conducted in compliance with the Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 2003 established under the Environmental Management and Coordination Act (EMCA) 2015, Water and Sanitation Development Project (WSDP) ESMF and RPF and provisions of the World Bank OP 4.01. The ESIA is expected to achieve the following: • Identify all potential significant environmental and social impacts of the proposed Project and recommend measures for mitigation. • Assess and predict the potential impacts during site preparation, construction and operational and decommissioning phases of the Project. • Guide compliance with project ESMF, WB OP. 4.01 and the national environmental and social regulations. • Generate baseline data for monitoring and evaluating how well the mitigation measures are being implemented during the Project cycle. • Promote stakeholders and public participation. • Design an Environmental and Social Management Plan to avoid, mitigate and where not possible, offset the identified impacts so as to ensure sustainability of the proposed Projects. • Recommend feasible, cost effective and culturally acceptable measures to be implemented to mitigate against the potential negative impacts while ameliorating the positive ones. ESIA Methodology The approach to this exercise was structured to cover the requirements under the EMCA, 2015 as well as the EIA regulations as stipulated under the Gazette Notice No. 56 of 13th June 2003 WSDP ESMF February 2017 and World Bank OP 4.01. MIBP 4-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The assessment involved an understanding of the Project background, the Project designs and the implementation plan as well as Project commissioning. In addition, the baseline information was obtained through physical investigation of the site and the surrounding areas, interviews with surrounding community members through local administration and County structures, stakeholder benchmarking, photography and most importantly, discussions with the Client and the Design Team. 4.3.1 Environment and Social Scoping The scoping study covered the physical, biological, socio-economic and cultural environment within the Project proposed areas within TAVEVO target towns of Voi, Wundanyi, Mwatate and Taveta. The scoping study identified significant environmental and social issues associated with the proposed Works as well as sensitive receptors likely to be impacted by the Project Activities. The Scoping Study involved the following activities: 1. Field visit to the Project Sites 2. Literature review of technical reports 3. Review of policies, regulations and baseline data 4. Identification of relevant stakeholders (interested and affected parties), 5. Initial and broad assessment of the Project 6. Determination of geographical coverage 7. Significant impacts (areas of study) and the levels of detail in each impact study 4.3.2 Desk Review A desk review was conducted prior to the site visits. Documents reviewed include: • Preliminary Environment and Social Impact Assessment (ESIA) for Water Distribution Network for TAVEVO (MIBP/ NIPPON, 2017) • Prioritized Investment Plan Report for Water Distribution Network for TAVEVO (MIBP, 2018) • Taita Taveta County Integrated Development Plan (CIDP) (2013 to 2017) • National Environmental Acts and Regulations (EMCA 2015 and EIA/EA Regulations 2003) • World Bank Operational Policies - OP 4.01 on Environment Assessment and OP 4.12 on Involuntary Resettlement and OP 4.11 on Physical Cultural Resources • Water and Sanitation Development Project (WSDP) Environment and Social Management Framework (ESMF) February 2017 • Water and Sanitation Improvement Project (WSDP) Resettlement Policy Framework (RPF) February 2017 4.3.3 Field Assessment The physical evaluation of the Project area was carried out with specific focus on the environmental and social issues. The assessment was carried out from 25 th June to 28th July 2018. Project impacts on vegetation resources, water resources, soil resources, liquid and solid waste management, health and safety impacts which include noise, excessive vibrations and air pollution. The social issues included; settlement patterns, socio-economic activities, land use, and the presence of traditional/cultural sites in the area, gender-based violence, sexual exploitation and abuse, violence against children and labour influx related impacts. MIBP 4-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO On the socio-economic front, structured stakeholder consultation meetings were held in addition to interviews with the stakeholders to capture the views of all the parties affected. Detailed methodology on data collection and field surveys for the above narrated environmental variables is presented in sub sequent sub- sections. 4.3.4 Data Collection and Site Surveys Data collection and site surveys started involved visiting stakeholder institutions and making consultations with key community members in all the target locations in the Project area. 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. During these surveys, interviews, observations and the administration of screening checklists was carried out with key informants who included County Government and National Government staff, local leaders and community representatives. Details of each survey are explained in subsequent sections. 4.3.5 Flora and Fauna Surveys The assessment of flora and fauna focused on the proposed work sites and their immediate surroundings. These were assessed by means of walks, interviews, and secondary data collection. Walks were undertaken at sites where various construction works have been proposed (along the project route). Interviews were conducted with both locals and key informants. Secondary data was collected through the use of appropriate maps and relevant literature. Other useful information collected included GPS locations, digital still camera records, and data sheets. 4.3.6 Socio-Economic Baseline The socio-economic baseline was established principally from secondary data, consultations conducted for ESIA, and observations on-site and areas through which the pipelines pass. 4.3.7 Secondary and Primary Data Secondary socio-economic data was obtained from books, reports, journals and other sources such as the CIDP for County Government of Taita Taveta County, Kenya National Bureau of Statistics Reports, Feasibility study report among others. Primary data was collected from key informants and consultations which included public barazas. 4.3.8 Public Participation 4.3.8.1 Methodology of Stakeholder Consultations This assessment recognizes that consultation is an ongoing process throughout Project implementation phases. under this Project consultation was undertaken during the ESIA process and will continue during the construction and operational phases of the project. The ESIA team conducted public participation within the project area with an aim of giving the community a platform of expressing their environmental and social concerns in relation to the project. Institutional consultations were conducted with relevant lead agencies and interested parties in relation to the project, these institutions included: • The Local Administration Units headed by Area Chiefs, • Project Affected Persons MIBP 4-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO • Learning Institutions (Taita Taveta University) • General Community Members who included the business community and local residents • The Local Ward Representative Units headed by Members of County Assembly • The Water and Services Provider (WSP) TAVEVO. • Water Service Board (Coast Water Works Development Agency) • Roads agencies including Kenya National Highways Authority (KeNHA) and Kenya Urban Roads Authority (KURA) The consultations were through a key informant interviews for institutional stakeholders as detailed in Table 4.1 below. Public meetings on the other hand were organized through the existing local administration leadership headed by chiefs who were given adequate time to mobilize. More stakeholder consultations will be undertaken at sectorial review of the ESIA prior to issuance of the environment license as well as during project implementations phases of the Project. 4.3.8.2 Institutional Consultations The purpose was to ensure that issues and concerns of all relevant institutions are documented, and appropriate mitigation measures are provided. Table 4.1 below presents a summary of institutions consultations with relevant institutions Table 4.1: Schedule of Institutional Consultations in TAVEVO Area Date Officer consulted Institution 22nd August 2018 Felix M. TAVEVO – Technical Manager nd 22 August 2018 Patrick M. Wadu TAVEVO- Assistant Technical Manager 23rd August 2018 Grace W. Mwagharo TAVEVO- Ag Branch Manager Mwatate 23rd August 2018 Bernard K. Irenge Chief- Mwachabo Location 23rd August 2018 Forcus M. Mwandembo TAVEVO- Branch Manager Wundanyi 23rd August 2018 Elijah M. Kimisiciti Assistant Chief- Shiaimaro 23rd August 2018 Prudence Mghanga Assistant Chief – Wundanyi Assistant Chief – Sungululu 23rd August 2018 Zephania Mwasighwa 24th August 2018 Teresia Mkeni TAVEVO- Branch Manager Taveta 24th August 2018 Wilson S. Sagurani Chief - Taveta Assistant Chief – Lessesia 24th August 2018 Siamoo Kiluda 4.3.8.3 Public Meetings The purpose of public meetings in Voi, Taveta, Mwatate and Wundanyi was to allow the general public, as well as interested and affected parties, to give their views on the proposed Project. The meetings were held in accordance with the requirements of NEMA and the WB OP. 4.01 policy and guidelines for conducting an ESIA. The specific objectives of this public consultation were to: • Disseminate information on the proposed project to the community members; • Collect views and issues to be considered in the ESIA • Evaluate perceptions about positive and negative impacts of the project MIBP 4-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO • Receive concerns about environmental and social impacts and other implementation problems Issues raised during the deliberations of the meetings were recorded and incorporated into the ESIA. Table 4.2 on Page 4-5 provides a schedule of Public Meeting held with Project Interested Persons within TAVEVO area. Table 4.2: Schedule of Public Meetings within TAVEVO Area Number of Date of the participants & Meeting Venue Participants Involved Meeting Gender Representation • Chief Mwachabo location, Mwatate Town at • Consultant representative, Total: 16 30th August 2018 the Chief’s Office • TAVEVO representatives, Male 10 at 9am in Mwachabo • Village Elders Female 6 • Members of the public • Chief Voi Location Bomu Social Hall • Consultant representative, Total: 16 30th August 2018 Sofia- Voi Town • TAVEVO representatives, Male 10 at 2pm • Village elders Female 6 • Members of the public • Chief Mwatungu Sub Location Wundanyi- • Consultant representative, Total: 14 31st August 2018 Mwatungu Sub • TAVEVO representatives, Male 9 at 9am location • Village elders Female 6 • Members of the public Taveta- • Chief Ngarigashi Location Ngarigashi • Consultant representative, Total: 32 31st August 2018 Location, • TAVEVO representatives, Male 18 at 2pm Lessesia Sub • Village elders Female 14 location • Members of the public • Chief Voi Location Bomu Social Hall • MCA Voi Location Total: 83 th Sofia- Voi Town • Consultant representative, 14 March 2019 Male 55 • TAVEVO representatives, Female 28 • Village elders Members of the public NOTE: The review of this ESIA is undertaken during the Corona virus disease 2019 (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on Environmental and Social issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. MIBP 4-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 4.3.9 Adverse Environment and Social Impacts Ranking 4.3.9.1 Impact Identification The environment and social impact identification and analysis was done using the Leopold matrix, this method is an environment impact assessment method pioneered in 1971 by an Environment Researcher Called Leopold. The matrix is a grid that is used to identify the interaction between project activities, which are displayed along one axis, and environmental characteristics, which are displayed along the other axis. 4.3.9.2 Impact Rating Variables The impact rating evaluation adopted is summarized three key areas related to the extent of the impact, timing of occurrence of the impact, intensity of the impact and probability of the impact as explained in Table 4.3 on Page 4-6. Table 4.3: Impact Rating Variables Impact Explanation Rating Extent An area of influence covered by the impact, if the action produces a much- localized effect within the space, it is considered that the impact is low (1). If, however, the effect does not support a precise location within the project environment, having a pervasive influence beyond the project footprint, the impact will be at location level (3) or could be Beyond County (5) Timing: Refers to the moment of occurrence, the time lag between the onset of action and effect on the appearance of the corresponding factor. We consider five categories according to this time period is zero, up to 1 year (short term), or more than two years, which are called respectively medium term (3), long-term (4), and permanent (5). Intensity Refers to the degree of impact on the factor, in the specific area in which it operates, ranked from low (1) to high (5). Probability Refers to the likelihood of the impact occurring during the project implementation, this is also ranked as Probable (1) to highly probable. 4.3.9.3 Impact Severity The impact severity was determined based the capacity of the receptor to sustain shocks triggered by the impact. In this regard the impact severity could be termed as negligible, low, medium or high as summarized in Table 4.4 below. Table 4.4: Impact Severity Sensitivity Definition (considers duration of the impact, spatial extent, reversibility, and ability of comply with legislation) High Vulnerable receptor (human or ecological) with little or no capacity to absorb proposed changes or minimal opportunities for mitigation. Medium Vulnerable receptor (human or ecological) with limited capacity to absorb proposed changes or limited opportunities for mitigation. Low Vulnerable receptor (human or ecological) with some capacity to absorb proposed changes or moderate opportunities for mitigation Negligible Vulnerable receptor (human or ecological) with good capacity to absorb proposed changes or and good opportunities for mitigation As explained by Leopold (1971), for effective impact identification, the environment MIBP 4-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO characteristics are assigned weights used to indicate the severity of environment impacts detailed in Table 4.5 below. Table 4.5: Impact Rating Criteria for Environment and Social Risks Extent Duration Intensity Probability Weighting Severity Mitigation Factor Rating (SR) efficiency (WF) Foot 1 Short term 1 Low 1 Probable 1 Low 1 Low 0- High 0,2 print 19 Site 2 Short to 2 Possible 2 Low to 2 Low to 20- Medium 0,4 (1km medium Medium Medium 39 to High radius) Location 3 Medium 3 Medium 3 Likely 3 medium 3 medium 40- medium 0,6 term 59 Sub 4 Long term 4 Highly 4 Medium 4 Medium 60- Low to 0,8 County likely to high to high 79 medium Beyond 5 Permanent 5 High 5 High 5 High 5 High 80- low 1,0 County 100 4.3.9.4 Approach to Mitigation and Management The ESIA includes a description of the measures envisaged to prevent, reduce and where possible offset any significant adverse impacts on the environment. The identification of such measures is an iterative process which needs to be undertaken in parallel with the design to aid the incorporation of measures into the design during project development. Early adoption of appropriate mitigation will help reduce significant environmental impacts to a practicable minimum. Where feasible the following hierarchy of mitigation measures has been applied to reduce, where possible, the significance of impacts to acceptable levels: • Mitigation / elimination through design; • Site / technology choice; and • Application of best practice. As part of the ESIA approach, the contractors to be hired by the WSP will develop project specific Environmental and Social Management Plan (ESMP). These plans essentially set the framework for the Environmental and Social Management System for the Project moving forward. The assessment of the significance of impacts and identification of residual impacts has taken account of any incorporated mitigation measures adopted by the Project and is largely dependent on the extent and duration of change, the number of people or size of the resource affected and their sensitivity to the change. The criteria for determining significance are specific for each environmental and social aspect and are reported within each impact assessment chapter but generally for each impact the magnitude is defined (quantitatively where possible) and the sensitivity of the receptor is defined. 4.3.9.5 Resettlement Action Plan An abbreviated Resettlement Action Plan (ARAP) has been developed in conjunction with this ESIA to mitigate the economic displacement impacts arising from the Project. The ARAP conducted a baseline socio-economic survey, a census survey, and an asset inventory of project affected persons. The ARAP presents entitlements and compensation options that form the basis for further negotiations between the project- MIBP 4-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO affected persons and TAVEVO on behalf of Taita Taveta County Government MIBP 4-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 5.0 ENVIRONMENT AND SOCIAL SETTING OF THE PROJECT AREA Project Location Taita Taveta County is one of the six counties in the Coastal region of Kenya. It borders Tana River, Kitui and Makueni Counties to the North, Kwale and Kilifi Counties to the East, Kajiado County to the North-west, and the Republic of Tanzania to the South and South-west. It is located approximately 200 Km northwest of the coastal city of Mombasa and 360 Km southeast of Nairobi, the capital city of Kenya. The County covers an area of 17,084.1 Km2 and lies between latitude 20 46/ South and 40 10/ South and longitude 370 36/ East and 300 14/ East. The County has four sub-counties namely, Wundanyi, Mwatate, Voi and Taveta. The County is further divided into 32 and 90 locations and sub-locations respectively. Figure 5.1 below shows the Map of Taita Taveta County and its administrative units. (Source: Google maps) Figure 5.1: Map of Taita Taveta County MIBP 5-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 5.1.1 Voi Town Voi is the largest Town in Taita Taveta County in the Coastal Region. It is situated approximately 160 km North West of Mombasa along Mombasa - Nairobi Highway at its junction with the Voi-Taveta Road to Arusha, Tanzania. It lies within longitude 38º32’00” East and Latitude 03º25’00” South. It borders Tsavo East National Park to the East, Sagala Hills to the South and Voi Sisal Estate to the West. It has a coverage area of approximate 238 km². Administratively, Voi Town lies within Voi sub-county in the larger Taita Taveta County. It covers parts of Mwangea, Ndara / Sagala, Kaloleni, Mraru and Tausa sub-locations. It also covers Tsavo East National Park. The railway line serving the hinterlands of the three East African Countries passes through the Town. Voi is a fast-growing metropolis with future development expected to concentrate along the Nairobi – Mombasa - Taveta junction. The Town has several institutions, including Jomo Kenyatta University of Agriculture and Technology, Taita- Taveta Campus, etc. The Water Supply and Sanitation Systems in Voi is managed by Taita Taveta – Voi Water and Sewerage Company Limited (TAVEVO). 5.1.2 Mwatate Town Mwatate is a small Town in Taita-Taveta County, in the southern side of the Taita Hills. Mwatate Town lies on Voi-Taveta Highway 26 km from Voi Town. In 2009, the Town had an estimated population of 5,573 (National Housing and Population Census Report, 2009). At present the Town has a linear pattern of growth along the Voi –Mwatate –Taveta Road. This pattern of growth is expected to continue in future given the growth is attributed to the trading activities due to stop overs of people in transit from Kenya to Tanzania. If County Headquarters are relocated from Wundanyi to Mgeno area as proposed, Mwatate Town is likely to undergo major transformations. The Water Supply and Sanitation Systems in Mwatate is managed by Taita Taveta – Voi Water and Sewerage Company Limited (TAVEVO). 5.1.3 Wundanyi Town Wundanyi is a Town located in the Taita Hills of Southern Kenya, about 20 km west of Voi Town in Taita Taveta County. It had an estimated population of 4,177 persons in 2009 according to the Housing and Population Census Report, 2009. At present, the Town is experiencing slow development due to lack of adequate land for expansion as the town is surrounded by private smallholder farms with title deeds. The Town is popular for its tourist attraction sites such as Ngangao Forest. Wundanyi Town has been gazetted as the County headquarters following the passing of the County government (Amendment) Bill 2016 which was assented into law by the president in August 2016 despite earlier plans to relocate the county headquarters to Mwatate Town. The Water Supply and Sanitation Systems in Wundanyi is managed by Taita Taveta – Voi Water and Sewerage Company Limited (TAVEVO). MIBP 5-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 5.1.4 Taveta Town Taveta is located at the coastal region of Kenya in Taita Taveta County. It is the third largest Town in Taita Taveta County after Taveta and Wundanyi respectively. The Town lies at the border with Tanzania, directly across from the Town of Holili. This is approximately 111 kilometres by road, west of Taveta, the nearest large Town, on the Arusha-Holili-Taveta-Voi Road. The town is approximately 305 kilometres by road southeast of Nairobi, the capital and largest City in Kenya. The coordinates of the Town are: 3023’44.0’S, 370 40’34.0’E (Latitude: -3.395565; Longitude: 37.676113). Taveta sits at the foot of the iconic Mount Kilimanjaro and enjoys proximity to Lake Chala, a volcanic freshwater lake of extraordinary depth. Taveta thrives as a point of commerce between Kenya and Tanzania, with a twice-weekly outdoor market especially large for a town of its size. Taveta Town is a fast-growing town. All government border offices are located some 5km, west of the central business district of the Town, towards the border with Tanzania, with modern new office premises. The Holili/Taveta customs and immigration post is a One Stop Border Post. The County Government of Taita-Taveta has acquired 20 square kilometres (4,900 acres) in a former sisal plantation for Town expansion. The water supply and sanitation systems in Taveta Town is managed by Taita Taveta- Voi Water and Sewerage Company Ltd (TAVEVO). Physical Environment 5.2.1 Climate Taita Taveta County is dry, except for high catchments areas in the hills. The effect of the south easterly winds influences the climate of the area. The hilly areas have ideal conditions for condensation of moisture, which results in relief rainfall. It experiences two rainy seasons in a year. The long rains fall between March and May and the short rains between November and December. The rainfall distribution is uneven in the area, with the highlands receiving higher rainfall than the lowland areas. The average rainfall ranges from 400 mm in the hinterland to over 1200 mm. This, coupled with the cooler temperatures, makes the highlands have more potential to produce horticultural crops, maize and beans. The lowland areas, which are mainly ASAL, are only suitable for planting of crops with short maturity period like sorghum, millet and maize varieties. The area is generally hot and humid all the year round. The mean daily temperature ranges between 22oc and 30oc. The average temperature in the area is 23oc. 5.2.2 Topography and Geology Taita Taveta County comprises of two distinct topographical areas: Tsavo Plains, at an altitude of 300 in the east to 1000 m asl. in the west, and the mountainous Taita Hills at 1200-2200 m asl. Several inselbergs characterize the lowlands, the highest being Kasigau mountain reaching 1600 m and hosting 3 square km of intact mountain cloud forest. The highest peak in the Taita Hills is Vuria (2208 m), but several peaks between 1600 and 2200 m with indigenous or exotic forest cover or bare gneiss rock characterize the landscape. Taveta may generally be considered as part of the piedmont plain between the Pare Mountains and Mt. Kilimanjaro. Isolated hills such as Riata, Eldoro, and Salaita rise above the plain. The residuals are directed NNW, parallel to the regional structural trend of the basement system rocks and the Pare mountains as well as the Chyulu range. MIBP 5-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The area nearby the Chyulu range and Mt. Kilimanjaro are covered with quaternary lavas, pyroclastic and debris flow deposits and fluviatile and lacustrine volcanic sediments. Some of the lava flows originate from Mt. Kilimanjaro while other erupted from several parasitic coves that are related to the mountains. The rocks are mainly basalts, phonolites and tuffs. Fertile soils developed on volcanic rocks and ashes. The lowlands of Voi are characterized by erosional and sedimentary plains. They are occasionally interrupted by residual hills and inselbergs and pedimental slopes. The extensive plateau gently slopes coast-wards ranging between 1000m and 300m asl. It is underlain by the Precambrian basements system of rocks consisting mainly of crystalline limestones, gneisses and schists. The plateau surface is an erosion surface covered by recent and Pleistocene weathered soil and calcareous crustal deposits. 5.2.3 Soils The soils in the County can be discussed considering the characteristics of both Taveta and Voi Sub County as other two sub counties lie in between. The lowlands of Voi Sub County are characterized by reddish, very deep. Acid sandy – clay soil (Ferralsols). They are found in most of the Tsavo National Park and the ranches. They are vulnerable to soil erosion, have a low water holding capacity and low soil fertility. Deeply weathered soils are widespread in Taveta sub-County. Saline and sodic soils occur around Lake Jipe while in the western part of the county are soils developed from the basement rock system with some influence of volcanic ashes. 5.2.4 Hydrology The area is characteristic by several streams and seasonal rivers within the Taita region, not all flow year round with sufficient discharges. Most of the rivers are either major tributaries of larger rivers or seasonal water courses such as those that drain the Davida (Taita) hills. The largest of these rivers is the Tsavo River; a major tributary of the Athi- Galana- Sabaki river system, other water resources are summarized in Table 5.1 below. Table 5.1: Other Water Resources in Taita Taveta County Water Source Remarks A fragile ecology which requires conservation not viable Lake Jipe for irrigation Lake Chala Detailed feasibility undertaken Tsavo River Lumi River Lumi is the main source of Lake Jipe. Goshi River (Voi) The Goshi is a dry river bed half of the year. Mzima Springs An excellent water source for bulkwater supply Njoro Springs Good source of Irrigation water for the Lumi basin Well fields in Kilanga and Good source of Irrigation water at <100m depths Nakuruto area Well fields in Chala area Good source of Irrigation water at 100- 150m depths MIBP 5-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Biological Environment 5.3.1 Vegetation and Fauna Taita Taveta County depicts a homogenous mix of plant species adapted to dry conditions and low rainfall experienced throughout the year. Human activities have significantly eliminated natural vegetation for agriculture and settlement, but indigenous plants are still notable in the lowlands. River basins are the worst hit by the reclamation due to availability of water. Forested areas are confined to the Taita hill tops (approximately 2% of the forest cover) where remnants of the original Afromontane forest vegetation are restricted to isolated mountain peaks There are 48 Kenyan Eastern Arc forests which have survived on hill tops in the County, of which 28 are gazetted and are under government protection and management. They range in size from small 500 square metres with a few remnant trees to modestly vast 2 square kilometres indigenous and exotic forest mountains. The Taita Hills forest hold a unique biodiversity with 13 taxa of plants (such as Ceropegia verticillata, and Zimmermannai ovata) and 9 taxa of animals such as birds (Taita thrush, Taita apalis and Tita white eye) endemic to the Taita Hills. In addition, 22 plant species found in the Taita Hills forests are typical of the Eastern arc forests. Figure 5.2 below shows vegetation of part of the project area. Figure 5.2: Vegetation of the Project Area 5.3.2 Invasive Vegetation Species As indicated in sub section 5.2.2 above on topography of the project area. The lower region which is the Tsavo Plains, at an altitude of 300 in the east to 1000 m asl. in the west, exhibits Arid and Semi-Arid Land (ASAL) characteristic with grass and bush lands as the dominant vegetation species. These characteristics support proliferating of “Prosopis Juliflora” popularly known as “Matenge Weed”. MIBP 5-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Prosopis juliflora is mainly spread by livestock and wildlife that consume the seed pods and spread the seeds in their droppings. Apart from animal dispersal, other agents of dispersal include; water and self-dispersal mechanism, however, it is important to note that the project activities are planned to happen with the town setup with no direct interaction with such invasive species. The project water pipelines as indicated in Figures 3.1 to 3.4 are planned for construction within the urban set up of Voi, Mwatate, Wundanyi and Taveta towns, therefore no interaction with Invasive Species is anticipated. However, precautionary approach will be adopted during project operation phase to mitigate against colonization of the invasive plant on the installed water infrastructure which over time can progressively damage the water pipelines including inspection water valves man holes. Prosopis juliflora being an invasive species will necessitate frequent maintenance to ensure that it does not grow water lines. Figure 5.3 below presents images of Prosopis Juliflora which blooms in ASAL environment especially at disturbed environment. Figure 5.3: Proposopis Juliflora which blooms in disturbed Environments 5.3.3 Protected and Conservation areas of Lowlands of Taita The Lowlands of Taita are dominated by the Tsavo National parks. It is referred to as the Theatre of the wild. Taita is, home to the largest game reserve in Kenya and one of the largest in the World. The Game reserve covers an area nearly 22,000Km². It is divided by the A109 Highway that runs from Nairobi to Mombasa and railway lines both an old and new SGR line as Tsavo East and West parks. The game reserve area is part of the TSAVO Conservation Area which (TCA). Total area covered by the TCA is approx. 42,000Km; a vast conservation complex extending from Kitui South National Reserve in the North, Chyulu hills to the West, Mackinon road to the East and following the Kasigau corridor down to Mkomazi (Tanzania) its Southern extremities. Out of the 42,000Km area 22,000Km is protected area forming the Tsavo East and West National Parks. It is important to note that, the project water pipelines as indicated in Figures 3.1 to 3.4 are planned for construction within the urban set up of Voi, Mwatate, Wundanyi and Taveta towns, therefore project will not interact with the conservancies which implies that World Bank OP 4.04 on Natural Habitats will not be triggered. MIBP 5-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Figure 5.4: Layout of Tsavo National Park within Taita Taveta County Social Economic Setting 5.4.1 Population Taita-Taveta County is at the onset of a transitional population structure where 0-14 year who constitute 39% of the total population are declining, while the youthful population of 15-34-year olds who constitute 33.5% of the total population are increasing. This is due to declining fertility rates among women as shown by the highest percentage household size of 0-3 at 48%. Based on the Medium Growth Rate Variant adopted in the study, the estimated population of Taita Taveta County (2016) was 313,815 and is projected to increase to 453,009 by 2040. 5.4.2 Land Ownership The land in the County is predominantly communally owned in the rural Taita lowlands used as ranges for pasture. However, in urban centre approximately 35% of land parcels have title deeds (ICDP for Taita Taveta County 2012-2017). Land adjudication is currently going on to ensure all land owners are issued with title deeds. 5.4.3 Land Use The County accommodates a wide range of land uses including formal and informal, urban and rural settlements and these are complimented by economic, transport and public and social infrastructure. Alongside the built environment is agricultural land and undeveloped land, of which a large part of it is designated as the Tsavo East and West National Parks and Private and/or Group Ranches. MIBP 5-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The total land area in Taita Taveta County is 17,059.1 km2. Of this, total agricultural land is approximately 10,630 km2, with arable land constituting about 2,055 km2. The rest is range land, suitable for livestock rearing. Approximately 14,307.2 Km2 of land is non- arable. The percentage of arable and non-arable land area is 12% and 88% respectively. Additionally, the two National Parks cover an approximate area of 10,650 Km2, which translates to about 62% of the total land area. Water bodies cover approximately 16 Km2, leaving about 22% of County land for settlement and agricultural activities. Land available for household farming activities is reduced drastically due to the presence of a total of 28 ranches which combined, cover an approximate area of 773.5 km2. Eight of these belong to the Kenya Government, nine to group ranches and 11 are privately owned. The average size of the ranches is 2,762.5 Ha. Large scale sisal farming for fibre production further reduces land available for settlement and household farming activities. There are three companies that produce sisal for both domestic and export markets. Rain fed agriculture is the dominant activity by most households as a subsistence and/or economic undertaking. 5.4.4 Settlement Patterns Majority of Taita Taveta County residents have a similar socio-economic background and are likely to live in the same areas because their income usually influences their decision as to where to purchase or rent a home. The settlement patterns are also influenced by rainfall patterns, topography, infrastructural development, proximity to urban centres, security and availability of natural resources. The climatic conditions are strongly influenced by altitude and physiographic features. The settlement patterns are nuclear concentrated within urban centres along the main roads (Voi – Mombasa Highway and Voi -Taveta Highway) Wundanyi Sub-County (2012) is the most densely populated with 86 people per km2. As population increases over time, the density was similarly projected to increase to 92 and 97 people per km2 in 2015 and 2017 respectively. Mwatate is the second largest in terms of density at 41 people per km2. The plantations have employed many people from the county thus the high population. Taveta Sub-County has the second largest land area after Voi yet has a smaller population density of 21 people per Km2 and was projected to reach 23 people per Km2 in 2017. Voi Sub-County has the lowest density, which stands at 9 persons per Km2 due to large tracts of land being under sisal farming and the presence of Tsavo East National Park. The project pipelines as presented in Figures 3.1 to 3.4 will be constructed along roads within existing road reserves. The ARAP report prepared for the project indicates that no land acquisition will be triggered by the Project, however, economic displacement will be experienced in Voi town where 5 PAPs are impacted. Mwatate, Wundanyi and Taveta towns’ road reserves are free from encroachment. MIBP 5-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 5.4.5 Gender Based Violence (Situational Analysis)1 The Sexual and Gender Based Violence (2017) defines Sexual and gender-based violence (SGBV) as violence inflicted or suffered on the basis of gender differences. This form of violence mostly impacts women who are considered generally vulnerable. The National Crime Research Centre data on SGBV provides a grim image of instances of SGBV. It is indicated in their report that the Centre has so far supported over 21,341 survivors of SGBV, of whom 56% were women, 36% girls, 3% men and 5% boys. A study conducted by Dimovitz, Kirsten on GBV management in Nairobi revealed that male victims of SGBV were a smaller compared to women which ratio stood at 14:86. The study further revealed that medical facilities are not accessible to victims and in most instances are at least 40-90 minutes from near bus stations. Police were also indicated to be a puzzle in the long line of bureaucratic processes and which is compounded by outside of legal services which have their own barriers in seeking services and help. These factors are said to create high attrition rates in access to justice, because survivors do not have the time, resources, or willpower to navigate the system. Taita Taveta County similarly experiences it own forms of SGBV which is said to be compounded by the fact that most culprits go scot free due to lack of evidence as most residents are not aware of how to preserve evidence. It is in fact more severe that a majority of child sexual abuse cases go unreported because of fear of stigmatization in the region. An organization known as Sauti ya Mwanamke have been on the forefront trying to fight SGBV within the Coastal region. With support from the Peace Initiative Kenya, the group has engaged with Taita Taveta County resulting into passing of a policy to establish a GBV kitty to support victims and survivors of GBV. Essentially therefore, Counties are seen as a great actor in aiding the fight against SGBV. Despite the existing data on SGBV in Kenya, reporting has been a challenge due to underlying infrastructural impediments and lack of one national SGBV monitoring and evaluation framework that can consistently collate and present data on SGBV for analysis. 5.4.6 Source of Energy About 2% of residents in Taita-Taveta County use Liquefied Petroleum Gas (LPG), 5% use paraffin, 69% use firewood and 24% use charcoal. Wundanyi and Mwatate Sub- Counties have the highest level of firewood use in Taita-Taveta County at 80% each. Voi Sub-County has the highest level of charcoal and paraffin use at 34% and 9% respectively. (CIDP Taita Taveta – 2012 - 2017). The number of consumers connected to the national electricity grid stands at 3,963, while 15% of the total households have access to electricity for lighting. 46% use lanterns, 35% use tin lamps, and 1% use fuel wood. Voi constituency has the highest level of electricity use at 19%. There are 86 trading centres that are connected to the grid, while the rest, MIBP 5-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO i.e. 62 trading centres are not connected. Therefore, with the understanding that the project is planned to be implemented within urban setup, this implies the contractor will have adequate sources of fuel for plant and equipment. 5.4.7 General Infrastructure The road networks within the County are not well developed and maintained. Roads especially in the highlands of Wundanyi, Mwambirwa and Sagalla areas become impassable during the rainy periods. There are two railway lines which traverse the County, the Nairobi-Mombasa railway line with stations at Maungu, Voi and Manyani, and the Voi-Taveta line which has stations at Mwatate, Bura Mwakitau and Taveta. There are 17 airstrips in the County with 6 located in Taveta, 5 in Voi and 6 in Mwatate. Taita Taveta County has four post offices: namely Wundanyi, Mwatate, Voi and Taveta and 19 sub-post offices. Mobile penetration is estimated at 41%. The County has cyber cafes which are mainly found in major towns. These businesses have greatly contributed to usage of internet services, currently estimated at 1.2% but on an increasing trend. Taita Taveta County has five commercial banks with 10 branches in the three major towns of Voi, Wundanyi and Taveta. In addition, there are three licensed deposit taking Micro-Finance Institutions (MFIs) operating in the County. There are 425 Early Childhood Development Education (ECDE) centres in the County of which 385 are public and 40 are private. In the case of primary education, there are 261 primary schools where 221 are public while the remaining 40 are either private- or mission-owned. The County has 85 public secondary schools which are either day or boarding. With respect to post-secondary education, the County has one public University College, one public institute one mission Teachers’ Training College. In addition, there are four tertiary colleges which are privately owned. A total of 21% of Taita-Taveta County residents have secondary level of education or above. Wundanyi constituency has the highest share of residents with a secondary level of education or above at 27%. The county has 60% of its residents having only a primary level of education. Taveta constituency has the highest share of residents with a primary level of education only at 64%. A total of 18% of Taita-Taveta County residents have no formal education. Taveta constituency has the highest share of residents with no formal education at 21%. 5.4.8 HIV and AIDs Taita Taveta County is classified as a high HIV epidemic County according to the National HIV & AIDS Estimates, 2014. With an estimated population of 323,867 persons, approximately 11, 209 persons were living with HIV in 2013. The County HIV prevalence during the same period was 6.1 % higher than the national prevalence of 5.6% (KAIS 2012). The County HIV epidemic is highly feminized with two out of each three persons living with HIV being women. Youth, adolescents and young person continues to bear disproportional effects of HIV, with vulnerability being higher among populations along the northern corridor and other main infrastructural projects. HIV&AIDS is manifested in the entire social spectrum. From the household point of view, MIBP 5-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO more resources are diverted to treating HIV&AIDS related illnesses. Other resources are used in buying of ARVs and burying the deceased, leaving little resources for other development activities, thus contributing to high incidences of poverty at family level. Children headed households in the County has posed a major challenge to the society (Taita Taveta County HIV & AIDs Strategic Plan 2016 -2020). Loss of the skilled labour force due to the scourge is having a major toll on development efforts in the County. This has led to increased poverty, reduced social support, increased load on social workers and welfare officers who are few and ill-equipped. Implementation of the project thus needs to create comprehensive HIV/AIDS awareness among the workers along the project area. MIBP 5-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 6.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK Introduction Development of Infrastructure Projects is dealt with under several Laws, By-laws, Regulations and Acts of Parliament, as well as Policy Documents and it is not possible to bring all those statutes under one heading. This section is therefore aimed at assessing the existing policies and legislative framework, economic tools and enforcement mechanisms for the management of Infrastructure Projects at different stages. Policy Provision The proposed works will be implemented within provisions of various government policies as summarized in Table 6.1 below: Table 6.1: Policy Framework No Policy Applicability 1 Constitution of Article 43 (1) provides that every person has the right – (b) to accessible Kenya (CoK) and adequate housing, to reasonable standards or sanitation; and, (d) to 2010 clean and safe water in adequate quantities. These provisions cover oblige state organs and bind them to provide not just high quality or clean and safe water but also adequate quantities to all people that they will serve. Also, the Constitution of Kenya provides for sound management and sustainable development of all of Kenya’s Projects, both public and private investments. It also calls for the duty given to the Project proponent to cooperate with State organs and other persons to protect and conserve the environment as mentioned in Part II. 2 Kenya Vision The Kenya Vision 2030 is the current national development blueprint for 2030 period 2008 to 2030. The vision has three pillars – economic, social and political. It is recognized that Kenya is a water scarce Country but stated (Kenya, 2007: 115) that the Vision for the water and sanitation sector is “to ensure water and improved sanitation services availability. The Project will directly contribute towards achievement of objectives of vision under the environment and social pillar through provision of the planned Water Distribution Network Investments 3 National The strategy paper recognizes that Kenya is a water scarce Country and Climate offers a variety of strategies for ensuring that the resource is utilized in Change ways that recognize that it is a finite resource. The paper also argues that Response interventions in the water sector should take a participatory approach Strategy, involving different water users including gender groups, socioeconomic 2010 groups, planners and policy makers in water resource management (Kenya, 2010: 53). Importantly the ESIA has proposed operation measures to be complied with during Project operation by TAVEVO in order to reduce water loses that are triggered by illegal connections and leakages. 4 National The revised draft of the National Environmental Policy, dated April 2012, Environment sets out important provisions relating to the management of ecosystems Policy (NEP) and the sustainable use of natural resources. The Project area is ecological zone V and VI. Ecosystems under these zones are sensitive to any activity out of character with the ecosystem. Therefore, during construction and operation phases of the Project the ESMMP provided in chapter 8 of this assessment should be implemented in order to ensure that the ecosystems are not destabilized by the subsequent Project activities especially effluent pollution of communal water points that are used by the community as alternative water sources. MIBP 6-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO No Policy Applicability 5 HIV and AIDS Voi Town and associated Project towns of Taveta, Wundanyi and Policy 2009 Mwatate are tourist towns, such towns normally have a high prevalence of HIV/AIDS triggered by existence of people from diverse social backgrounds. The HIV Policy therefore will be complied with during implementation of the Project; the Contract will incorporate in Bid Document and implement HIV awareness initiatives during construction of the Project. 6 Gender Policy This Policy will be referred to during Project implementation especially 2011 during hiring of staff to be involved in the Project, procuring of suppliers, sub consultants and sub-contractors to the Project 7 Policy on The purpose of this policy is to put in place a framework to accelerate Gender and implementation of laws, policies and programmes for prevention and response to Sexual Based SGBV. The overall objective of the policy is to progressively eliminate sexual and Violence 2017 gender-based violence through the development of a preventive, protective, supportive and transformative environment 8 The The concept of the SDGs was born at the United Nations Conference on Sustainable Sustainable Development, Rio+20, in 2012. The objective was to produce Development a set of universally applicable goals that balances the three dimensions of Goals (SDGs) sustainable development: environmental, social and economic. The Investments will therefore contribute towards achieving this goal through the proposed Water Distribution Network Project. 9 Kenya This Policy aims at ensuring that the youth play their role alongside adults National in the development of the Country. The National Youth Policy visualizes a Youth Policy society where youth have an equal opportunity as other citizens to realize 2006 their fullest potential. Proposed Sanitation Project will provide direct employment to the youth as required by the Policy. 10 The National The Policy is devoted to environmental sanitation and hygiene in Kenya Environmental as a major contribution to the dignity, health, welfare, social well-being Sanitation and and prosperity of all Kenyan residents. The Policy recognizes that healthy Hygiene and hygienic behaviour and practices begin with the individual. The Policy-July implementation of the Policy will greatly increase the demand for 2007 sanitation, hygiene, food safety, improved housing, use of safe drinking water, waste management, vector control at the household level and encourage communities to take responsibility for improving the sanitary conditions of their immediate environment. Implementing the Project will directly contribute to achievement of the Policy Kenyan Legislations The proposed works will be implemented within provisions of various Acts of Parliament and Local Legislations as summarized in Table 6.2 below. Table 6.2: Acts of Parliament No Policy Applicability 1 EMCA 2015 The Act provides for the establishment of a legal and institutional framework for the management of the environment. This is achieved through various regulations. Applicable regulations are; EMCA (Waste Management) Regulations, 2006 Legal Notice No. 121; EMCA (Water Quality) Regulations, 2006 Legal Notice No. 120; EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 Legal Notice No. 61; EMCA (Air Quality Regulations 2014) 2 The The regulation provides a framework under which Environment and Environmental Social Impact Assessment for the Project will be prepared, Regulation (Impact 4(1) further states that: Assessment and (a) ‘‘…no Proponent shall implement a project: likely to have a negative Audit) environmental impact. Regulations, (b) for which an environmental impact assessment is required under the 2003 Act or these Regulations, unless an environmental impact assessment MIBP 6-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO No Policy Applicability has been concluded and approved in accordance with these Regulations…’’ The EIA to be carried out on the potential interventions should be carried out in accordance to the regulations. -An initial environmental audit should also be carried out in the first year of operation of the schemes. 3 Environmental Regulation 9 of these regulations provides for water quality monitoring. Management It states that the “Authority in consultation with the relevant lead agency, and Coordination shall maintain water quality monitoring for sources of domestic water at (Water Quality) least twice every calendar year and such monitoring records shall be in Regulations, the prescribed form as set out in the second schedule to these 2006 regulations”. The regulation provides for the protection of ground and surface water resources. It also Provides the water quality standards for sources of domestic water which shall be complied with by the contractor during project construction and TAVEVO during operations of the water supply system. 4 Waste Regulation 4 (1) states that “no person shall dispose of any waste on a Management public highway, street, road, recreational area or in any place except in Regulations, a designated receptacle”. Regulation 4 (2) further states that “a waste 2006 generator shall collect, segregate and dispose such waste in the manner provided for under these regulations”. The proponent will use provisions of this regulation to ensure that waste is handled, stored, transported and disposed as per this regulation. Provides for standards for handling, transportation and disposal of various types of wastes including hazardous wastes. -Requirements to ensure waste minimization or cleaner production, waste segregation, recycling or composting. -Disposal of generated waste including soil, vegetation, boulders; and will be appropriately disposed, the contractor will be required to develop Waste Disposal and Management Plan to be approved by the Resident Engineer -Generation of hazardous wastes such as used oil and oily parts from construction machinery, such wastes will be collected by a NEMA licensed waste handler to be recruited by the contractor. 5 Noise and The Contractor will be required to ensure compliance with the above Excessive regulations in order to promote a healthy and safe working environment Vibration throughout the Construction Phase. This shall include regular inspection Pollution and maintenance of equipment and prohibition of unnecessary hooting (Control) by vehicles. The regulations provide for a maximum of 60 dcl during the Regulations, day and 35 dcl during the night for a construction site. 2009 Sensitive receptors have been identified under this assessment under sub section E.5 and 7.4 such receptors are at a high risk of suffering impacts associated with noise and excessive vibrations. -License to emit noise/vibrations in excess of permissible levels to be acquired if necessary. -Sound level limits of 55dB (day) and 35dB (night) to be observed during construction and operations. MIBP 6-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO No Policy Applicability 6 The These regulations provide a framework for management of plant and Environmental equipment emissions of hydrocarbons on site. The regulations require Management that all plant and equipment on site should be well serviced to and Coordination manufacturers specifications to avoid air pollution, the regulation also (Air Quality require monitoring of baseline air quality within construction site and Regulations implementation of correction action where the standards are not 2014) complied to. Water spray will be used at all times when working in dry areas to avoid risks associated with dust menace. The regulation provides -Provides for ambient air quality tolerance limits. -Prohibits air pollution in a manner that exceed specified levels. -Provides for installation of air pollution control systems where pollutants emitted exceed specified limits. -Provides for the control of fugitive emissions within property boundary. -Provides for the control of vehicular emissions. -Provides for prevention of dispersion of visible particulate matter or dust from any material being transported. The contractor will comply with these regulation by regulating. -Exhaust emissions from construction machinery. -Site clearance and excavation of foundations. -Transportation and disposal of spoil. 7 Land Act, 2012 It is the substantive law governing land in Kenya and provides legal regime over administration of public and private lands. It also provides for the acquisition of land for public benefit. The government has the powers under this Act to acquire land for projects, which are intended to benefit the general public. The Project proposed will be implemented within government land and along road reserves. However, a Resettlement Action Plan report has been prepared for compensation of likely assets and sources of livelihood that might be affected by the Project 8 Water Act, 2016 The Water Act, 2002 was amended in the year 2016 to align to the Kenyan Constitution 2010. The Act vests the responsibility of developing water and sanitation infrastructure (sewerage and water supply) in Taita Taveta Project area to Coast Water Works Development Agency (CWWDA) and operations to Taita Taveta County Government under the autonomous TAVEVO Water and Sewerage Co. Ltd. (TAVEVO). The Design and ESIA Teams have adequately involved TAVEVO in the preparation the Project. 9 County The proposed Project will be implemented within Project area. Part II of Government Act the Act empowers the County Government to be in charge of function No. 17 of 2012 described in Article 186 of the Constitution, (county roads, water and sanitation, health). The Project once complete will be handed to TAVEVO which is owned by Taita Taveta County Government for operation and maintenance. 10 Physical Section 29 of the said Act empowers the Local Authorities (now county Planning Act governments) to reserve and maintain all land planned for open spaces, 1996 (286) parks, urban forests and green belts as well as land assigned for public social amenities. The Project identified will be implemented as provided by Taita Taveta County Land Use Plan. 11 The Urban Areas This Law passed in 2011 provides legal basis for classification of urban and Cities Act areas (City) when the population exceeds 500,000; a municipality when 2011 it exceeds 250,000; and a town when it exceeds 10,000) and requires the city and municipality to formulate County Integrated Development Plan (Article 36 of the Act). The Project described in this assessment is within Taita Taveta County CIDP 2013-2017. MIBP 6-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO No Policy Applicability 12 Occupational The Act provides Environment Health and Safety (EHS) Guidelines Health and which shall be followed by both the Contractor and Supervising Safety Act Consultant during implementation of the Project to avoid injuries and (OSHA 2007) even loss of life to workers and neighbouring community. 13 The Public The Act provides Guidelines to the Contractor on how he shall manage Health Act all wastes (Liquid and Solid Wastes) emanating from the Project in a (Cap.242) way not to cause nuisance to the community. This Act, during construction shall be read alongside the Waste Management Regulations of EMCA 2015 for utmost compliance. 14 HIV and AIDS The object and purpose of this Act is to (a) promote public awareness Prevention and about the causes, modes of transmission, consequences, means of Control Act 2011 prevention and control of HIV and AIDS; (b) extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights and civil liberties. The Act provisions will be applied during Project implementation phase where the contractor will be required to create awareness among workers and community at large 15 Sexual Offences An Act of Parliament that makes provision about sexual offences aims Act 2006 at prevention and the protection of all persons from harm from unlawful sexual acts and for connected purposes. Section 15, 17 and 18 focuses mainly on sexual offenses on minor (children). 16 Child Rights Act This Act of Parliament makes provision for parental responsibility, (Amendment Bill) fostering, adoption, custody, maintenance, guardianship, care and 2014 protection of children. It also makes provision for the administration of children's institutions, gives effect to the principles of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The contractor under this Project will be required to comply to provisions of the Act during Project implementation 17 Labour Relations An Act of Parliament to consolidate the law relating to trade unions and Act 2012 trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers organizations or federations, to promote sound labour relations through the protection and promotion of freedom of association. This act will be applied by labour force on site in addressing disputes related to working conditions. 18 Employment Act This Act of Parliament makes provisions for sexual harassment. It 2007 mandates all employers who employ twenty or more employees to issue a policy statement on sexual harassment and prohibits the worst forms of child labor 19 National Gender The over-arching goal for NGEC is to contribute to the reduction of and Equality gender inequalities and the discrimination against all; women, men, Commission Act persons with disabilities, the youth, children, the elderly, minorities and 2011 marginalized communities. This Act will be applied during hiring of workforce on site 20 Public The Bill is an Act of Parliament that provides a general framework for Participation Bill effective public participation and to give effect for the constitutional of 2016 principles of democracy. The purpose of the act includes promotion of democracy and public participation of the people according to Article 10 of the Constitution, promote community ownership for public decisions and promote public participation and collaboration in governance processes. Therefore, adequate consultations were held within Malindi Project area as discussed in Chapter (6) of this report. 21 The National An Act of Parliament to consolidate the law relating to national museums Museums and and heritage; to provide for the establishment, control, management and Heritage Act development of national museums and the identification, protection, 2006 conservation and transmission of the cultural and natural heritage of Kenya; to repeal the Antiquities and Monuments Act (Cap. 215) and the National Museums Act; and for connected purposes. This act together with world bank policy OP 4.11 on Physical Cultural Resources will be quoted in the event that the project will encounter such materials, chance find procedures have also been provided in appendix 2 MIBP 6-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO No Policy Applicability 22 Community Land AN ACT of Parliament to give effect to Article 63 (5) of the Constitution; Act 2016 to provide for the recognition, protection and registration of community land rights; management and administration of community land; to provide for the role of county governments in relation to unregistered community land and for connected purposes. However, as indicated, no land acquisition is anticipated, this act will be referred to in the event the project will require to hire or lease community land 23 The Factories This Act will be referred to regularly together with provisions of OSHA and Other 2005 and Noise and excessive vibration 2009 referenced (above) Places of Work (Noise Prevention and Control) Rules, 2005 World Bank Operational Policies (OPs) Applicable World Bank Operational Safeguard Polices are listed in Table 6.3 below. Table 6.3: Applicable World Bank Operational Safety Policies Safeguards Policies Provision Relevance to the Project World Bank OP 4.01 -Provides for environmental -An Environmental and Social Impact on Environmental assessment (EA) of projects Assessment of the Assessment proposed for Bank financing development/rehabilitation of water to help ensure that they are supply schemes will be carried out. environmentally sound and sustainable, and thus to improve decision making World Bank OP 4.12 The World Bank Involuntary The total number of PAPs in the Project on Involuntary Resettlement Policy OP area are 5 PAPs, among them, 4 PAPs Resettlement 4.12 covers direct economic are male while 1 PAP is female with no and social impacts that vulnerable PAPs. All the 5 PAPs will result from Bank-assisted lose structures used for business investment projects. livelihood established on the proposed water pipeline easement referenced as V03 and V12 in Kaloleni Location, Voi Town Water lines in Mwatate, Wundanyi and Taveta are free from encroachment World Bank OP 4.10 Provides for measures to -No physical cultural resources were on Physical Cultural protect cultural heritage identified within the project areas. Resources from the adverse impacts of However, the ESIA has provided project activities and chance find procedures (appendix 2) to support its preservation; be adopted by the contractor during civil works. MIBP 6-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO World Bank Group Environmental Health and Safety Guidelines on Water and Sanitation The Environmental, Health, and Safety (EHS) Guidelines are technical reference documents with general and industry- specific examples of Good International Industry Practice. When one or more members of the World Bank Group are involved in a project, these EHS Guidelines are applied as required by their respective policies and standards. These industry sector EHS guidelines are designed to be used together with the General EHS Guidelines document discussed in 5.9 (above), which provides guidance to users on common EHS issues potentially applicable to all industry sectors. The EHS Guidelines contain the performance levels and measures that are generally considered to be achievable in new facilities by existing technology at reasonable costs. Application of the EHS Guidelines to existing facilities may involve the establishment of site -specific targets, with an appropriate timetable for achieving them. Relevance to the Project The EHS Guidelines for Water and Sanitation include information relevant to the operation and maintenance of: (i) Potable water treatment and distribution systems (ii) Collection of sewage in centralized systems or decentralized systems and treatment of collected sewage at centralized facilities. The above discussed Guidelines/ Instruments, present Environmental Health issues concerned with Water Distribution and the necessary requirement to assure adequate capacity to supply the water demand. The most significant environmental issues associated with operation of water distribution systems include: Water system leaks, loss of pressure and water discharges. The Project design has ensured mitigation of these environmental risks. MIBP 6-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 7.0 PUBLIC CONSULTATION AND PARTICIPATION Objectives of Stakeholder Participation Stakeholder consultation is generally useful for gathering environmental data, understanding likely impacts, determining community and individual preferences and designing viable and sustainable mitigation and compensation plans. Stakeholder consultation during ESIA process is undertaken during the design, implementation and initial operation stages of the Project. The aim is to disseminate information to interested and affected parties (stakeholders), solicit their views and consult on sensitive issues. The specific aims of the Public Consultation and Participation process during the Preparation of the ESIA at the design stage include: • To inform the local people, leaders and other stakeholders about the proposed Water Distribution Project and its objectives • Obtain the main concerns and perception of the community and their representatives of the Project • To promote Project ownership by the operator and beneficiaries in order to minimize conflicts • Obtain opinions and suggestions from the directly affected persons on the Project impacts and best suited measures to mitigate them • Obtain opinions and suggestions on the Project Concepts, Designs, etc. and therefore minimize conflicts and delays in implementation • To facilitate the development of appropriate and acceptable entitlements options • To increase long term Project sustainability and ownership • To reduce problems of institutional coordination, especially at the different Governments levels. Legal and Policy Provisions for Stakeholder Participation Stakeholder and public participation are guided by various legal and policy framework documents. For the proposed TAVEVO Water Distribution Network Project, public consultation activities conform to both National and International Legal Instruments as described in Table 7.1 below. Table 7.1: Legal and Policy Provisions for Public Participation Level Statutes Kenya Constitution 2010 Articles 10(2), 35, 69(1), 118, 174(c), 184(1)(c), 196, 201(a), 232(1)d National Public Participation Bill 2016 (Kenya) The Environmental Management and Coordination Act (EMCA), 2015 and subsequent regulations of Environment Impact Assessment and Audit Regulation of 2003 International World Bank Operation Policy of Environment Assessment (a) Kenyan Constitution 2010 Table 7.2 on Page 7-2 provides in detail, Sections of the Kenya Constitution which require public participation in governance. MIBP 7-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Table 7.2: Kenya Constitution Provision for Stakeholder and Public Participation Article Public Participation Provision Provides national values and principles of governance, this Article bind all State Organs, State Officers, Public Officers and all persons whenever any of them (c) makes or implements public policy decisions. The national values Article 10(2) and principles of governance as provided in the constitution include; patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people and sustainable development . Provides for Access to information , the articles indicate that every citizen has the right of access to information held by the State; an information held by Article (35) another person and required for the exercise or protection of any right or fundamental freedom. The same article provides that the State shall publish and publicize any important information affecting the nation. State objectives of devolutions, among them is that devolution gives powers of self-governance to the people and enhance the participation of the people in the Articles exercise of the powers of the State and in making decisions affecting them and 174(c) to recognize the right of communities to manage their own affairs and to further their development It is exclusive to urban areas and Cities , the article provides that National legislation shall provide for the governance and management of urban areas Article 184 and cities and shall, among other provisions provide for participation by residents in the governance of urban areas and cities. Provides Principles of public finance which require openness and Article 201(a) accountability, including public participation in financial matters; Provides values and principles of public service include among others Article 232(1) involvement of the people in the process of policy making; Kenya’s Environmental Impact Assessment / Audit Regulations of 2003 require that in the process of conducting Scoping, Environmental and Social Impact Assessment (ESIA), the proponent (in this case Coast Water Works Development Agency CWWDA) shall in consultation with the National Environment Management Authority (NEMA); seek the views of persons who may be affected by the Project. Also, in accordance with the Kenyan Constitutional requirement (Article 10) on Public Participation, it’s a democratic right of every Kenyan to participate in public decisions and collaborate in Public Projects such as proposed Water Distribution Project. Stakeholder Mapping This was done to ensure that all the stakeholders likely to be affected or influenced by the Project were identified and involved in RAP detailed study. Table 7.3 below presents details of stakeholders who were engaged in the RAP process. Table 7.3: Stakeholder Inventory for TAVEVO Institution Stakeholder • Representative of TAVEVO Water and Sewerage Company Taita Taveta County • Lands and Physical Planning Department Government • Taita Taveta County Public Health Officer • Deputy County Commissioner Voi Sub County National • Local Administration (Chiefs and Village Elders) Government • National Environment Management Authority (NEMA) • Education and Health Institution (Taita Taveta University) others as Institutions identified in section 8.4 • Project Affected Persons (PAPs) in Voi • Landlords and tenants of Voi, Mwatate, Wundanyi and Taveta Other Interested • Business Community of Voi, Mwatate, Wundanyi and Taveta Parties • Traders within Voi, Mwatate, Wundanyi and Taveta owners • Non-Governmental Organizations and Community Based Organization MIBP 7-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Stakeholder Participation Process Therefore, to comply with the above discussed statues, consultations were done with relevant stakeholders within the Project area during preparation of the RAP Report. Table 7.4 below provides schedule of Dates and Institutions Consulted. Table 7.4: Schedule of Institutional Consultations Date Officer Consulted Institution 22nd August 2018 Felix M. TAVEVO – Technical Manager 22nd August 2018 Patrick M. Wadu TAVEVO- Assistant Technical Manager 23rd August 2018 Grace W. Mwagharo TAVEVO- Ag Branch Manager Mwatate 23rd August 2018 Bernard K. Irenge Chief- Mwachabo Location 23rd August 2018 Forcus M. Mwandembo TAVEVO- Branch Manager Wundanyi 23rd August 2018 Elijah M. Kimisiciti Assistant Chief- Shiaimaro 23rd August 2018 Prudence Mghanga Assistant Chief – Wundanyi Assistant Chief – Sungululu 23rd August 2018 Zephania Mwasighwa 24th August 2018 Teresia Mkeni TAVEVO- Branch Manager Taveta 24th August 2018 Wilson S. Sagurani Chief - Taveta 24th August 2018 Siamoo Kiluda Assistant Chief – Lessesia 19th November 2018 Eng Jared Makori Regional Manager KeNHA Coast Region More consultations were done with the Public and other interested parties through Public Meetings. Mobilisation for such meetings was done through the area chiefs in the target area. Table 7.5 below provides a schedule of Public Meetings held with Project Interested Persons. Table 7.5: Schedule of Public Consultations Number of Date of the Meeting Participants Involved participants & Gender Meeting Venue Representation • Chief Mwachabo location, Mwatate Town • Consultant representative, Total: 16 30th August 2018 at the Chief’s • TAVEVO representatives, Male 10 at 9am Office in Mwachabo • Village Elders Female 6 • Members of the public Bomu Social • Chief Voi Location Hall Sofia- Voi • Consultant representative, Total: 16 30thAugust 2018 Town • TAVEVO representatives, Male 10 at 2pm • Village elders Female 6 • Members of the public • Chief Mwatungu Sub Location Wundanyi- • Consultant representative, Total: 14 31st August 2018 Mwatungu Sub • TAVEVO representatives, Male 9 at 9am location • Village elders Female 6 • Members of the public Taveta- • Chief Ngarigashi Location Ngarigashi • Consultant representative, Total: 32 31st August 2018 Location, • TAVEVO representatives, Male 18 at 2pm Lessesia Sub • Village elders Female 14 location • Members of the public Bomu Social • Chief Voi Location Total: 83 Hall Sofia- Voi • MCA Voi Location 14th March 2019 Male 55 Town • Consultant representative, Female 28 • TAVEVO representatives, MIBP 7-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Number of Date of the Meeting Participants Involved participants & Gender Meeting Venue Representation • Village elders • Members of the public Summary of the issues discussed, and outcomes of the Consultative Meetings are given in Tables 7.6 below. Table 7.6: Summary of Issues discussed and Responses Issues Discussion Response Voi Town Meeting The town being close to the Tsavo East National The project will not interact A Tourist Town Park is mostly frequented by tourist. Due to the with the park, the impacts as stakeholders wanted to know what the likely impacts discussed in the EIA will be to of the project to the Park are. other receptors outside the park, the EIA has provided appropriate mitigation measure. Environmental impact • The community members wanted to know the A detailed EIA report with an issues kind of impacts that they will face during the ESMP had been developed project implementation phase and will address all these • Ways in which conservation of the soil would issues with key implementing be maintained after the project to avoid authorities fully involved. erosion. Air and noise pollution during the construction phase Time notice before The community members requested for adequate The RAP provides for the infrastructure notice to be communicated to them prior to adequate notice to be given project commences commencement of Project activities. to the PAPs At least 3month prior to any demolishing after PAPs compensation Disruption of social The community members wanted to know when The master plan for water and economic the project will start and how long it will take, they distribution has proposed the activities were keen on existing public utilities such as short term measures to be existing water pipelines and access culverts implemented between 2019 to 2020 while medium term measures to be implemented between 2021 to 2030 Mwatate Town Meeting Kitivo Primary School • The concern was why the road heading to the The meeting was informed road Primary school wasn’t chosen for the project. that the Water Master plan • Their main issue was that; the area had majority was prepared and planned to of the population around the sub-location hence be implemented in phases priority needed to be given. approach. Further clarification • The area near the sisal estate was also thought was made by the engineer that to be neglected by the project, hence the the areas reported have is community elder asked if it could be put in the captured and will benefits from plans so that they could get water the project under the immediate works phase. Wundanyi Town Meeting Position of the • The stakeholders raised an important issue The meeting was informed proposed new tanks regarding the flow of water by gravity. the project was • Complaints majorly came from those living commissioned so that issues uphill who had issues since they were not of water rationing are getting any water and had to go for long addressed distances down the hill to fetch water for domestic use. MIBP 7-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Issues Discussion Response Water Toro Project • This came up during the meeting as a project TAVEVO representative in the which wasn’t fully benefiting the village which meeting confirmed in the was having lots of water issues. meeting that the issue will be • It was agreed that the locations of the tank addressed by the water should be placed at a higher point in the village company. due to the general topography of the area. • This was resolved as earlier indicated in the first issue. Border town • The town was receiving very many visitors at a The meeting was informed go and the water insufficiency was really hurting that it is because of the the economy of the town. problem of water shortage that this project has been • Many businesses and homes had resorted to initiated. digging boreholes so as to be able to sustain the demand for water, and this was costly for business. • The project would therefore reduce the cost of running a business if it’s implemented. Capacity of the • This was argued against by most of the The meeting was informed California tank stakeholders present in the sense that currently that the design engineers the supply they were getting wasn’t enough have proposed bigger capacity tanks therefore their hence the need for the project. concerns are addressed • A proposal was put that before the piping could start the proposed new tanks ought to be constructed first or the capacity of California tank be increased. MIBP 7-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 8.0 ENVIRONMENTAL AND SOCIAL IMPACTS ASSESSMENT AND MITIGATION MEASURES Introduction This ESIA assessment was systematically conducted to determine likely impacts associated with the Project during construction and operation stage. The Environmental Management and Co- ordination Act (EMCA) No.8 of 2015 provide the legal and statutory guideline for the Environment and Social Impact Assessment process in Kenya. Also, the World Bank OP 4.01 on environment assessment provides guidelines of assessing environment and social risk for World Bank funded Projects and the World Bank’s Good Practice Note (2018) for addressing Gender -based Violence in Investment Project Financing involving major civil works. The impacts in this chapter have been generated based on the analysis of the proposed project towns of Voi, Mwatate, Wundanyi and Taveta. The impacts arising during each of the phases of the proposed development namely construction, operation and decommissioning were categorized into: • Impacts on biophysical environment; • Health and safety impacts • Social-economic impacts related to Sexual Exploitation and Abuse Definition and Classification of Environment Impact An environmental impact is any change to the existing condition of the environment caused by human activity or an external influence. Impacts may be: • Positive (beneficial) or negative (adverse); • Direct or indirect, long-term or short-term in duration, and wide-spread or local in the extent of their effect. Impacts are termed cumulative when they add incrementally to existing impacts. In the case of the project, potential environmental impacts would arise during the construction and the operations phases of the Project and at both stages positive and negative impacts would occur. Positive Impacts during Construction Phase The Construction Phase will include the Pre-Construction, Construction and Decommissioning Phases. Construction period depends on the nature of the project activities and normally vary from one year to three years. The positive impacts are summarized below: • Employment opportunities during construction, the design report has provided for 90% unskilled labour and 60% skilled labourers to be sourced from the local market. This will include employment opportunities for women. • Provision of ready market for construction materials such as sand, ballast and cement that will be sourced from local market, this will lead to injection of money into the local economy • The Project will be associated with technological and knowledge transfer to the local sector, this will be through the artisan who will be employed and trained by the Project. MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Sensitive Receptors Likely to Be Impacted The assessment identified several sensitive receptors located within close proximity of 200m to 500m to the proposed water lines that might be affected by Project civil activities at the time of construction. The receptors could be impacted by Project activities, for instance, if the receptor is a school the impact could be related to Health and Safety of pupils or if the receptor is a market associated impacts could be disruption of business and demolition of structure. If the receptor is a communal water body, the associated impact could be pollution of the water resource 8.4.1 Sensitive Receptors in Voi Town Table 8.1 below presents sensitive receptors identified in Voi Town Project area. Figure 8.1 on Pages 8-4 shows some areas identified as Sensitive Receptors in Voi Town. Table 8.1: Sensitive Receptors in Voi Town Adjacent GPS Coordinates of the Type of Receptor Name of Receptor Pipeline Receptor S 03°23.647’ VA 10-11 Kalela Primary School E 038°34.879’ S 03°23.385’ VA14 Al Noor Educational Centre E 038°34.264’ S 03°55.807’ VA 03 Tawakal Integrated School E 039°34.298’ School(s) S 03°22.961’ E 039°34.035’ Voi Vocational Training Centre S 03°55.802’ VA 18 Mwamunga Primary School E 039°34.178’ Voi Boys High School S 03°22.914’ E 039°34.211’ S 03°23.425’ VA 03 Ndovu Health Centre E 038°34.990’ Hospital(s) S 03°23.215’ VB 09 Moi Hospital Voi E 038°33.555’ S 03°56.192’ Bus Park VA 22-19 Voi Bus Park E 039°33.857’ Tsavo East National Park- Voi Tourist Site Tsavo West Nationa Park VB02 Taita Taveta University S 03°23.162’ Kenya Medical Training VB 09 E 038°33.507’ College- Voi Campus University S 03°23.085’ Bona Community College and College VA02 E 038°34.619’ Social Hall S 03°22.852’ Coast Institute of Technology E 038°34.688’ S 03°23.152’ VA 01 Salvation Army Church E 038°34.407’ S 03°23.305’ Christian Fellowship VA01 E 038°34.563’ Foundation Church Voi Parish S 03°23.013’ VA01 PEFA Church Sofia E 038°34.293’ S 03°23.305’ Church/Mosque(s) VA03 Tawakal Mosque E 038°34.563’ S 03°23.563’ VA 10-11 Kaloleni Jamia Mosque E 038°34.924’ S 03°23.894’ VA08-09r Abdul Rehman Mosque E 038°34.520’ S 03°56.821’ VA 18 ACK St. Barnabas Church E 039°34.016’ MIBP 8-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Adjacent GPS Coordinates of the Type of Receptor Name of Receptor Pipeline Receptor • ACK Cathedral Church S 03°56.154’ VA 21 Voi E 039°33.838’ • Full Gospel Churches Kalela Primary School gate The SGR bridge which line VA05r passes through Ndovu Health Centre Voi Vocational Training Centre Mwamunga Primary School Moi County Referral Hospital Voi MIBP 8-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Al Noor Educational Centre Where the line passes through the bridge under the rail Figure 8.1: Sensitive Receptors in Voi Town 8.4.2 Sensitive Receptors in Mwatate Town The assessment identified several receptors located within close proximity of 200m to 500m to the proposed water lines that might be affected by Project civil activities at the time of construction in Mwatate Town. Table 8.2 below presents sensitive receptors identified in Mwatate Town Project area. Table 8.2: Sensitive Receptors in Mwatate Town Adjacent GPS coordinates Type of Receptor Name of Receptor Pipeline of the Receptor Kenyatta High School Mwakitutu Primary School S 03°30.502’ Kitivo Primary School School(s) MA01 E 038°22.462’ Mwatate Secondary School Mwatate Primary School and Special Unit S 03°30.262’ Hospital(s) MA01 Mwatate Sub-County Hospital E 038°22.057’ S 03°30.061’ Bus Park MA02 Mwatate Bus Park E 038°22.558’ Markets Companies MA02 Mwatate Market S 03°30.272’ MA01 Jirani Smart E 038°22.132’ MA02 Rivers of Joy Ministries Churches/Mosques S 03°23.085’ MA03 Omega Pentecostal Church E 038°34.619’ Figures 8.2 below show some areas identified as Sensitive Receptors in Mwatate Town. MIBP 8-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Mwatate Sub-County Hospital TAVEVO water Kiosk serving the public Mwatate Bus park Mwatate Primary School and Special Unit Kenyatta High School Kitivo Primary School Figure 8.2: Sensitive Receptors in Mwatate Town MIBP 8-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 8.4.3 Sensitive Receptors in Wundanyi Town Table 8.3 below presents the receptors identified in Wundanyi Project Area. Figure 8.3 on Page 8-7 shows some areas identified as Sensitive Receptors in Wundanyi Town. Table 8.3: Sensitive Receptors in Wundanyi Town Type of Adjacent GPS coordinates of Name of Receptor Receptor Pipeline the Receptor WY02 Mbauro Primary School S 03°25.171’ Senior Chief Mwangeka Girls WY02 E 038°20.736’ High School School(s) WY01 Kungu Primary School S 03°24.469’ WY01 Wesu ECD Nursery School E 038°20.536’ S 03°24.382’ Hospital(s) WX01 Wesu Sub-County Hospital E 038°20.432’ S 03°25.188’ Markets WY01 Kungu Market E 038°20.734’ Forest WX01 Wesu forest S 03°24.146’ Hon Dawson Mwanyumba Stadium E 038°21.749’ Stadium Tourist Wesu rock attraction Prison Wundanyi GK Prison Police S 03°24.138’ Wundanyi Police station station E 038°21.692’ County Taita Taveta County Offices headquaters Mbauro Primary School An overview of Wesu rock, a tourist attraction around the project area MIBP 8-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Some of the trees in the Wesu forest Wesu sub county hospital Wesu Treatment Works with the view of the The stadium in Wundanyi Wesu rock Figure 8.3: Sensitive Receptors in Wundanyi Town 8.4.4 Sensitive Receptors in Taveta Town Table 8.4 below provides sensitive receptors located in Taveta Town. Figure 8.4 on Page 8-8 shows some areas identified as Sensitive Receptors in Taveta Town. Table 8.4: Sensitive Receptors in Taveta Town Type of Adjacent Pipeline GPS coordinates of the Name of Receptor Receptor Receptor School(s) TA06 S 03°23.480’ Sowene Primary School E 037°40.459’ Taveta Junior Academy TA02 Leisure academy Primary School Hospital(s) TA02 S 03°23.490’ Taveta Sub-County Hospital Markets TA02 E 037°40.459’ Taveta Market Air strip TC03 S 03°23.231’ Taveta Airstrip E 037°40.371’ Bus park TC03 S 03°23.482’ Taveta bus park E 037°40.459’ Slaughter TC03 S 03°22.470’ Slaughter house house E 037°40.825’ Police TC03 Taveta Police station Station MIBP 8-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The Chief’s Ofice The California Tank in Taveta The new Taveta bus park done by the A local business shop in the town County Government The Taveta Market One of the roads where the new pipeline is proposed to pass Figure 8.4: Sensitive Receptors in Taveta Town MIBP 8-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Negative Impacts during Construction Phase The following negative impacts are associated with the Construction Phase of the Project: 8.5.1 Impacts on Vegetation Resources Anthropogenic activities have cleared vegetation cover within all the Project towns’ area to provide space for construction of residential and commercial structures. Therefore, impact to vegetation cover within the Project alignment will be minimal. However, the assessment identified that construction activities lead to clearance of vegetation and consequently disruption of soil structure within the Project easement. The lose soils eventually are washed down into the surface drainage channels and communal water points resulting to increased sedimentation. Figure 8.5 below illustrates nature of vegetation cover along some of the existing water lines while Table 8.5 below illustrates assessment Impacts on vegetation cover. Figure 8.5: Nature of Vegetation along the proposed Easement route in Mwatate Table 8.5: Project Impacts on Vegetation Cover Impact Clearing of vegetation cover along the Water pipeline Mitigation Sources identified for the Project Efficiency • Clearing of vegetation cover exposes soils to agents of soil erosion such as wind and runoff, this could lead to Nature of soil degradation. High impact • Triggers sedimentation in nearby drainage channels for storm water and sedimentation of communal water points, could also lead to flooding. Reversibility of Permanent vegetation clearance along the Project corridor footprint and impact replanting of vegetation that is not within the Pipeline corridor Affected Flora and fauna along the proposed Water pipeline routes areas Extent Site – 2 Intensity Medium-3 Magnitude Duration Short to medium-2 Probability Likely-3 (Extent+ Intensity +Duration + Low to Significance Weighting Probability) x WF (2+3+2+3) x3= 30 Medium (Low-Medium) MIBP 8-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Mitigation Measures The following shall be undertaken to mitigate against soil erosion and its effects and enhance vegetation cover: ▪ Compensatory planting of trees2 that will be cut by the contractor during excavation of water pipeline trenches. This will be achieved through a tree planning program to be initiated under the works contractor. This program will be undertaken by the Contractor in liaison with Kenya Forest Services Coastal Region. A budget of Ksh 200,000 is provided for purchase of seedlings and care to the trees. This budget is included in the Ksh 1.4 million cost of implementing the ESMP included in this Report. ▪ Vegetation shall only be cleared along the Project corridor and where it will interfere with Project construction and/or present a hazard. ▪ The local community shall be given a chance to harvest the targeted vegetation if they so wish. ▪ Areas to be cleared will be agreed and demarcated before the start of the clearing operations to minimize exposure. ▪ Also, stage vegetation clearance shall be adhered to so as not to clear the entire corridor all at once. ▪ The use of existing cleared or disturbed areas for the Contractor’s Ca mp, stockpiling of materials etc. shall be encouraged. 8.5.2 Impacts of Water Resources The Project excavation activities will trigger limited discharge of silt into storm water channels, seasonal streams and shallow wells dug by households for domestic water supply. Also, plant and equipment on site during excavations has the potential of discharging oil residuals into the same resources, also accumulated solid wastes from work areas could be washed down into the same resources as indicated in Table 8.6 below. Table 8.6: Project Impacts to Water Resource Rating • Discharge of silt and oils into storm water channels and water bodies leading to pollution • Erosion of soils that are washed off into water sources Mitigation Impact Sources • Discharge of oil spills into water bodies Efficiency • Washing off solid wastes from project sites into drains and water sources • Could lead to contamination of aquifers and underground water sources Nature of impact Medium • Could lead destruction of aquatic ecosystem downstream within the natural water springs Reversibility of Yes impact Affected stakeholders Fauna and flora, rivers and streams /areas Extent location– 3 Intensity Medium-3 Magnitude Duration Medium-3 Probability Likely-3 (Extent+ Intensity +Duration + Low to Significance Weighting Probability) x WF (3+3+3+3) x3= Medium 36(Low to Medium) 2 Popular coastal trees in the area are Baobab tree, Neem tree, palm trees and coconut trees. MIBP 8-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 8.5.2.1 Water Resources Pollution The mitigation measures summarized below will be adhered during Project construction in order to minimize and eliminate pollution of any Water Resources including aquifers. Mitigation Measures • No grey water runoff or uncontrolled discharges from working areas (including wash down areas) will be allowed to drain into adjacent storm water channels without pre- treatment. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site where applicable • The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to storm water channels and any surface water bodies; • Works that are likely to generate silt-laden runoff especially excavations will be undertaken preferentially during the drier months of the year; November to April; • Debris and other material will be prevented from entering watercourses; Construction sites (such as settlement lagoons or other temporary attenuation) to be used during construction if necessary; Diversion of minor watercourses will be carefully managed to prevent suspension of silt (or contamination by other pollutants); and • Discharges to watercourses and water bodies will not be allowed unless otherwise relevant discharge permits have been procured from both NEMA and other relevant authorities. 8.5.2.2 Siltation and Sedimentation The Project activities associated with excavation of Water Lines trenches will not significantly disturb the soil structure along the Project corridor. However, soil erosion will be triggered which leads to siltation and sedimentation of existing storm water channels. This impact will be significant during the dry season when water levels in the river are low. The shallow wells are an important resource for the communities along the proposed project corridor as supply from TAVEVO is not reliable. Mitigation Measure • Debris and other material will be prevented from entering storm water channels Construction Sustainable drainage system (such as settlement lagoons or other temporary attenuation) to be used during construction if necessary; Diversion of minor watercourses will be carefully managed to prevent suspension of silt (or contamination by other pollutants); • Sand/silt traps should be used so as to prevent silt and any other sediments from getting into Water channels • Site compounds and stockpiles will be located away from shallow wells and water channels. 8.5.3 Impacts on Soil Resources The Project activities including vegetation clearing and trench excavation are likely to trigger impact soil resources including; (i) Destruction of soil structure due to topsoil excavation. (ii) Soil contamination caused by oils and fuel leaks from construction equipment (iii) Soil erosion due to clearing of vegetation cover and trenching activities. MIBP 8-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Removal of vegetation cover during site clearance will further expose soil to water and wind which are agents of erosion. Excavation and ground clearance works will also have the direct effect of loosening the soils making them easier to be washed away by water and wind. The assessment also identified that less significance impacts are anticipated on Soil resource as discussed in Table 8.7 below. Table 8.7: Impacts on Soil Resources Project activities which could lead to soil compacting Impact Mitigation and interference with soil structure hence making High Sources Efficiency topsoils loose and susceptible to agents of erosion. • Destruction of Soil Structure due to topsoil breaking leading to reduced soil aeration • Movement of plant and equipment could result to soil compacting which inhibits soil aeration leading to death of soil microorganisms. Nature of • Soil contamination caused by oils and fuel leaks from construction impact equipment leading to Oil Acidity increase • Soil Erosion due to clearing of vegetation cover and trenching activities which results to death of soil microorganism and reduced soil productivity Reversibility Yes of impact Mitigation As discussed below Affected stakeholders Terrestrial ecosystems /areas Extent Site – 2 Intensity Medium-3 Magnitude Duration Medium term-3 Probability Likely – 3 (Extent+ Intensity +Duration + Significance Weighting Low Probability)x WF(2+3+3+3) x1=11 (Low) Mitigation Measures to Project Impacts to Soils (a) Soil Erosion due to Clearing of Vegetation Cover • Excavations will be controlled so that land that is not required for the Project works is not disturbed; • Wherever possible, excavations shall be carried out during the dry season to prevent soil from being washed away by the rain. • Excavated materials shall be kept at appropriate sites approved by the Supervising Engineer. • Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include areas stripped of topsoil, Soil stockpiles and Spoil sites., • Any work along watercourses will be isolated to prevent silt propagating downstream; • Debris and other material will be prevented from entering water channels; Construction settlement lagoons or other temporary attenuation to be used during construction if necessary; Diversion of minor watercourses will be carefully managed to prevent suspension of silt (or contamination by other pollutants); • Where possible, sieves will be placed next to water bodies so as to prevent MIBP 8-12 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO silt and any other sediments from getting into the resources (b) Civil Works Resulting to Soil Compaction • Split compacted area to reduce runoff & re-vegetate where necessary • Vehicles to be kept in designated access roads. • Minimize compaction during stockpiling by working the soil in dry state. (c) Civil Works Resulting to Soil Pollution • The contractor will develop an emergency response plan that includes spill response strategy. • Spills will be immediately addressed per the appropriate spill management plan and initiate soil clean up and soil removal if needed. Spill kits should be availed to aid this • Spill prevention practices and response actions will be applied in refuelling and vehicle use areas to minimize accidental contamination • Containment around the garage, fuel store and fuelling station will be ensured so that these potentially polluting substances can be properly handled and any intended escape of material from that area can be contained until such time as remedial action can be taken • Proper handling of material through use of dip trays, directing spills to an oil sump which will be emptied into a designated disposal site • Refuel in designated refuelling areas that include a temporary berm to limit the spread of any spill. • Proper maintenance of machinery and equipment to avoid or minimize leakages from machines. 8.5.4 Workers, Community Health and Safety Risks Workers, Community Health and Safety risks are often triggered by Project activities during Project Construction Phase. These risks often affect both workers on site as well as general community in close proximity to the work site. Management of these risks is required to be as provided for by the Occupational Health and Safety Act (OSHA 2007), Waste Management Regulation 2006, noise and excessive vibration regulations of 2009 and air quality regulations of 2014. This assessment identified potential Environment, Health and Safety in the following context and analysis in Table 8.8 on page 8.14. (i) Wastes Management (Liquid and Solids) (ii) Excessive noise and vibrations (iii) Air Pollution and Dust Generation (iv) Risk of Accidents at Work Sites MIBP 8-13 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Table 8.8: Impacts on Workers, Community Health and Safety Adverse Impact associated with Health and Mitigation Low to Impact Sources Safety Efficiency Medium Solid and liquid Wastes - Impact involves pollution of the environment caused by construction generated solid and liquid waste which include wastewater, fuels, oils, hazardous substances and other liquid pollutants. Noise and excessive vibrations - noise and excessive vibrations due to un-serviced plant and equipment and Activities associated with blasting and rock breaking - Hearing impairment and respiratory related illness Health and Safety risks - Open trenches within the settlement which pose health hazards to workers and community. - Failure to use required correct signage and safety marshal on site Nature of impact - Un-serviced plant and equipment which emit hydro carbons through equipment exhaust system. - Poor workmanship & failure to use water sprays during dry season could also result to air pollution. - Failure to observe safe work environment requirements like use of PPEs, Warning Taps, site labelling. - Sanitation facilities will be procured by the contractor, these will include toilets both at the camp site and along work sites and proper housing facilities for workers Air pollution - Anticipated impact may originate from vehicle and machinery fumes and dust Reversibility of Yes impact Affected stakeholders Workers and Community /areas Extent Site – 2 Intensity Medium-5 Magnitude Duration Medium term-4 Probability Likely – 4 (Extent+ Intensity +Duration +Probability) x WF Medium Significance Weighting (2+5+4+4) x4=60 (Medium to High) to high 8.5.4.1 Health Impact – Spread of COVID-19 amongst construction workers The World Health Organization declared COVID-19 a global pandemic after assessing both its alarming levels of spread and severity, and the alarming levels of inaction. Consequentially, WHO issued various guidance and measures to prevent the spread of the virus. The measures have been adopted worldwide. Similarly, the Kenyan government has since then issued several guidance and directives after the first case was registered on March 13th, 2020. These included complete cessation of movement to and from areas considered hot spots and night curfew, social distancing guidelines, closure on non – critical and essential enterprises, closure of places of worship and public gatherings, mandatory use of masks in public places, among others. During project execution (civil works), large numbers of workers will be required to assemble together in consultation engagements, meetings, toolbox talks and even at work sites; varied number of workforce including suppliers of material and services are also expected to come in from various places in the country which may be COVID-19 hot spots; and interaction of workers with the project host community will happen as workers MIBP 8-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO find accommodation close to work sites, and/or return to their homes after works. The potential for the spread of any infectious disease like COVID-19 by projects is high. There is also the risk that the project may experience large numbers of its workforce becoming ill and will need to consider how they will receive treatment, and whether this will impact on local healthcare services including the project host community. The presence of international workers, especially if they come from countries with high infection rates, may also cause social tension between the foreign workers and the local populations. Recently, the WHO has warned that the virus is here to stay for a long time and might persist and become our new way. The Government of Kenya has also lifted some of the initial movement controls and allowed the resumption of business, with certain industry specific guidelines being enforced. The duty of care has now been transferred to individual citizens and enterprises. Recognizing the potent risk this may present, it’s difficult to clearly outline exhaustive mitigation measures under the mitigation impacts. As such, there is need for the client and the contractor to develop and adopt COVID-19 Standard Operating Procedure (SOPs) in line with the World Bank guidance, Ministry of Health Directives and site-specific project conditions. These SOPs need to be communicated to all workers and enforced to the latter without fail. In addition to the requirement of the SOPs, the following mitigation measure shall also be adopted: COVID-19 – Mitigation Measures against spread of COVID-19 amongst workers: (i) The Contractors will develop SOPs for managing the spread of Covid-19 during project execution and submit them for the approval of the Supervision Engineer and the Client before mobilization. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions; (ii) Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; (iii) Avoid concentrating of more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing of at least 2 meters. (iv) All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; (v) The project shall put in place means to support rapid testing of suspected workers for covid-19; (vi) 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; (vii) Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; MIBP 8-15 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 8.5.4.2 Social Risk – Spread of COVID-19 amongst community members during consultations During implementation of the ESIA and RAP, various activities will be undertaken. For efficient and meaningful engagement, a wide range of individual participants, groups in the local community and other stakeholders will be involved. The consultations will involve verification of PAPs covering the occupants of the affected area and vulnerable persons and groups; awareness raising, sensitization of PAPs and gauging attitude to the project; training and capacity building for livelihoods restoration grievance redress, execution of site - specific surveys among others. If carried out conventionally, these activities would lead to close interaction between the proponent and the community members leading to a high risk of spreading COVID – 19 amongst community members during the consultation process. To minimize the social risk of spread of COVID-19 amongst community members, alternative means of consultation will be required as mitigation measures to ensure social distancing and appropriate communication measures. The mitigation measures will be supervised by a communications/stakeholder engagement/social safeguards expert in the project proponent’s team. Mitigation measures against spread of COVID-19 amongst community members i. Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters; iii. The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; iv. 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. Allow participants to provide feedback and suggestions. v. 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. vi. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vii. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 8.5.4.3 Solid Wastes on Site During construction, solid waste will be generated from a wide range of project activities. Some of the waste includes wrapping materials discarded by the workers on site, food waste from kitchens, waste from the workshops and offices consisting of MIBP 8-16 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO waste papers, toners and cartridges, broken equipment and containers, steel, timber, etc. To minimize pollution and visual intrusion, waste will to be managed appropriately as provided in this sub section . S MIBP 8-17 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Solid Wastes Impacts Mitigation Measures (i) The contractor shall develop a comprehensive Waste Management Plan (WMP) prior to commencement of works (ii) Properly labelled and strategically placed waste disposal containers shall be provided at all places of work (iii) Litter bins will have secured lids to prevent animals and birds from scavenging (iv) All personnel shall be instructed to dispose of all waste in a proper manner (v) Recycling of construction material shall be practiced where feasible e.g. containers and cartons (vi) The project shall engage services of a NEMA accredited waste handler to collect and dispose all waste from site in line with the waste regulation and the waste management plan to be developed by the contractor; (vii) The construction camps should be situated away from the primate reserve and wildlife corridors to prevent wildlife from scavenging polluted waste. 8.5.4.4 Liquid Wastes on Site During construction various types of liquid waste will be produced such as concrete washings, runoff from workshops and grey water from contractor’s camp. Just as with solid waste, liquid waste can attract rodents and birds especially for meeting their drinking water needs. This can affect pose health hazards to both workers and community. Liquids Wastes Impacts Mitigation Measures (i) Water containing pollutants such as concrete or chemicals should be directed to a conservancy tank for removal from the site where applicable (ii) Potential pollutants of any kind and form shall be kept, stored and used in such a manner that any escape can be contained (iii) In case of any form of pollution the contractor should notify the Resident Engineer (RE) (iv) Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas including groundwater are not polluted (v) No grey water runoff or uncontrolled discharges from the site or working areas to any adjacent storm water drains and where drains are not available – pre- treated before discharge. 8.5.4.5 Fuels, soils, Hazardous Substances The construction phase will involve use of stationary and mobile plant and equipment which will require fueling and lubrication. There are chances of accidental spillage of used engine oils, grease and diesel which may lead to soil contamination. Should this spillage occur during the rainy season, the contaminants may be washed off by surface runoff and find their way into the storm water channels along the water easement. Hazardous wastes Impacts Mitigation Measures (i) The contractor shall ensure that the machines and equipment are in good condition when on site and are regularly serviced. (ii) Ensure proper handling of lubricants, fuels and solvents while maintaining the plant and equipment. (iii) Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal. MIBP 8-18 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO (iv) A safety and emergency response plan will need to be developed for all operations with emphasis on the protection of the environment prior to start up. (v) Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas; (vi) Measures should be taken to ensure proper storage of fuel, oil and bitumen. Oil-water interceptors or sumps should be constructed to capture discharge of oils, fats and other polluting liquids from maintenance workshops, vehicle and equipment washing bays and kitchen drains; (vii) Secondary containment of up to 110% should be provided for fuel storage areas and other hazardous fuels identified in (iv) above before disposal through a licensed waste handler. (viii) At the work sites the contractor will be expected to maintain strict surveillance particularly when working within the vicinity of water supply points and the rivers within the project area; (ix) Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment. 8.5.4.6 Excessive Noise and Vibrations The risk often affects both workers on site and community at large. Common sources noise and excessive vibrations are as a result of use of un-serviced plant and equipment as well as activities associated with blasting and rock breaking. Noise generating activities such as equipment operations and the workers themselves could be a public nuisance to nearby settlements and commercial centres, health centres and schools especially those within 200m of the road reserve. As required, OSHA 2007 and EMCA 2015 Noise and Excessive Vibration 2009 as well as World Bank EHS Guidelines should be adhered to. Figure 8.6 on Page 8-17 provides permissible noise levels for a residential and construction sites. Figure 8.6: Permissible Noise Levels Mitigation Measure to Excessive Noise and Vibration (i) Contractor will comply with provisions of EMCA 2015 (Noise and Excessive Vibrations Regulations of 2009) (ii) The Contractor will keep noise level within acceptable limits (60 Decibels during the day and 35 Decibels during the night) and construction activities shall, where possible, be confined to normal working hours in the residential areas (iii) Hospitals, schools and other sensitive receptors as identified in chapter 2 shall be notified by the Contractor at least 5 days before construction is due to MIBP 8-19 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO commence in their vicinity. 8.5.4.7 Air Pollution and Dust Generation Significant air pollution will most likely be attributable to particulate matter (PM), especially dust blown from plant and equipment on site. The particulate matter generated could affect the Hospitals, schools and other sensitive receptors as identified in Section 8.4. As required by OSHA 2007 and EMCA 2015 (Air Quality Regulations 2014) as well as World Bank, EHS Guidelines will be adhered to. Mitigation Measure to Project Related Dust and Air Pollution (i) The contractor will comply to the provisions of EMCA 2015 (Air Quality Regulations 2014) (ii) Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications (iii) Water sprays shall be used to supress dust on site all the time and intensified in areas within 200 metres of human settlement especially during the dry season (iv) The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible; (v) Do not carry out dust generating activities such as excavations during times of strong winds (vi) Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; (vii) Vehicle speeds shall be limited to minimise the generation of dust.. 8.5.4.8 Sexual Harassment Sexual harassment can occur between workers, particularly male workers against female workers, when there is insufficient sensitization of workers against prohibitions for sexual harassment, as well as the absence of reporting and disciplinary measures. Mitigation Measure to Protect against Sexual Harassment in the Workplace (i) Ensure clear human resources policy against sexual harassment that is aligned with national law (ii) Integrate provisions related to sexual harassment in the employee COC (iii) Ensure appointed human resources personnel to manage reports of sexual harassment according to policy 8.5.4.9 Risk of Occupational Illnesses, Diseases and Accidents at Work Sites The risk of accidents at worksites often affects both workers on site and community at large. These risks at times can be fatal as they could lead to death or permanent disability of victims. This risk could be significant at Hospitals, schools and other sensitive receptors as identified in Section 8.6. The risks are commonly caused by failure to observe safety requirements as required by the C-ESMP, contractor safe working procedures, OSHA 2007 regulations, Factory Rules of 2005, Public Health Act, and the World Bank EHS Guidelines, as well as the World Bank Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (Sept 2018). MIBP 8-20 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Mitigation Measure to Risks of Accidents on Site (i) Contractor to undertake a risk assessment and develop an Occupational Health and Safety Management Plan alongside other Construction Environmental and Social Management plans (CESMPs)s prior to the commencement of works to be approved by the Supervising Engineer. These CESMPs will include but not limited to: • An Occupational Health and Safety Management Plan • Waste Management Plan • Labour influx strategy • Gender-based Violence Action Plan, including: ▪ SEA Prevention and Response Strategy ▪ GBV Mitigation Plan ▪ SEA redress mechanism ▪ SH redress mechanism • Child protection strategy • Employment plans • Occupational Health and Safety Plan • Traffic Management Plan • Decommissioning Plan • Hazard Material Management Plan • Asbestos handing protocol; • Emergency Response Plan; • Spoil management plan; • Grievance redress Mechanism; • Stakeholders engagement and communication plan; • ESHS, VAC & SEA and SH Codes of Conduct • Community Health and Safety Management Plan • Water Quality Management Plan • Air Quality, Noise and Vibration Management Plan • Emergency Preparedness and Response Plan (ii) All workers to be trained and inducted on the requirement of the C-ESMPs before commissioned to start working; (iii) Provide adequate and appropriate Personal Protective Equipment (PPEs) including gloves, gum boots, overalls and helmets to workers. Use of PPE to be enforced by the Supervising Engineer. (iv) Fully stocked First Aid Kits to be provided within the Sites, Camps and in all Project Vehicles (v) Strict use of warning signage and tapes where the trenches are open and at other active construction sites (vi) Contractor to Employ and train Road Safety Marshalls who will be responsible for management of traffic on site (vii) Contractor and supervising consultant to retain experienced full-time occupational health and safety officers to supervise and advice the project on OHS compliance including contractor preparedness to handle emergencies of fire, medical and social unrest (viii) Ensure all workers including management staff are inducted and sign the ESHS, GBV and VAC codes of conduct before beginning any works. MIBP 8-21 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 8.5.4.10 Risks Associated with Traffic on Site The term ‘vehicles’ include : cars, vans, lorries, low-loaders and mobile plant such as excavators, lift trucks and site dumpers etc. Construction site vehicle incidents can and should be prevented by the effective management of transport operations throughout the construction process. This assessment provides for key management principles that will guide the Contractor when dealing with traffic on Site during the construction of the Project. In order to reduce risks of accident on site, the contractor should ensure the below listed measure are assessed in detail. (i) Keeping pedestrians and vehicles apart (ii) Minimizing vehicles movement (iii) People on Site (iv) Turing of Vehicles (v) Visibility (vi) Signs and Instructions Table 8.9 below provides details on how traffic will be managed on site under the above discussed principles. Table 8.9: Traffic Management Plan Safety Principle Management Measure - Entrances and exits- provide separate entry and exit gateways for pedestrians and vehicles; - Walkways- provide firm, level, well-drained pedestrian walkways that take a direct route where possible; - Crossings- where walkways cross roadways, provide a clearly Keeping signed and lit crossing point where drivers and pedestrians can Pedestrians and see each other clearly; Vehicles Apart on - Visibility- make sure drivers driving out onto public roads can Site see both ways along the footway before they move on to it; - Obstructions– do not block walkways so that pedestrians have to step onto the vehicle route; d - Barriers- think about installing a barrier between the roadway and walkway - Limit the number of vehicles on site - Provide car and van parking for the workforce and visitors away Minimizing from the work area; vehicles - Control entry to the work area; and movement - Plan storage areas so that delivery vehicles do not have to cross the site. - Contractor will take steps to make sure that all workers are fit and competent to operate the vehicles, machines and attachments they use on site by, for example: - checks when recruiting drivers/operators or hiring contractors; People on Site - training drivers and operators; - managing the activities of visiting drivers - Accidents can also occur when untrained or inexperienced workers drive construction vehicles without authority. - Access to vehicles will be managed and people alerted to the risk MIBP 8-22 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Safety Principle Management Measure The need for vehicles to reverse will be avoided where possible as reversing is a major cause of fatal accidents. Turning of - One-way systems will be adopted by the contractor as Vehicles this can reduce the risk, especially in storage areas. - A turning circle could be installed so that vehicles can turn without reversing If vehicles reverse in areas where pedestrians cannot be excluded the risk is elevated and visibility becomes a vital consideration. This ESIA provides for: - Aids for drivers- mirrors, CCTV cameras or reversing alarms that can help drivers can see movement all- round the vehicle; Visibility - Signallers- who can be appointed to control manoeuvres and who are trained in the task; - Lighting- so that drivers and pedestrians on shared routes can see each other easily. Lighting may be needed after sunset or in bad weather; - Clothing- pedestrians on site should wear high-visibility clothing. - Make sure that all drivers and pedestrians know and understand the routes and traffic rules on site. Use standard road signs Signs and where appropriate including the Heavy Vehicles turning sign Instructions - Provide induction training for drivers, workers and visitors and send instructions out to visitors before their visit 8.5.5 Social Impacts 8.5.5.1 Resettlement Impacts The Project proposed will be implemented within government land and along road reserves. However, a Resettlement Action Plan report has been prepared for compensation of likely assets and sources of livelihood that might be affected by the Project. A number of alternatives and mechanisms have been considered to avoid or minimize displacement and restricted access to socio-economic services during the design and implementation of project activities. This is also in consideration of the concerns of community members and institutional stakeholders consulted. i) Use of Existing Public Land: The water pipelines will be designed to follow roads Right of Way. ii) Reduction in the Required Working Space / Easement. Attempts have been made to reduce the required corridor for the Project; a practical working space of about 4m within private farms. iii) Use of Manual Excavation: The Project will adopt manual excavation in some cases to limit destruction of people’s properties. iv) Temporary Set-Back: PAPs will be given adequate notice after compensation that will enable them to reconstruct their structures away from the water easement. v) Selection of Non-Residential Sites: As much as possible, besides engineering design prerequisites, site selection has been guided by the desire to minimize the displacement of human settlements/residences. MIBP 8-23 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The Resettlements Action Plan (RAP) identified that that proposed improvement of Water Distribution Network within TAVEVO has the potential of triggering risks associated with loss of residential and business structures, loss or disruption of business livelihoods. However, loss of land will not be triggered. The RAP provides the number of Project Affected Persons (PAPs) in Voi Town to be 5PAPs, proposed pipeline easement in Mwatate, Wundanyi and Taveta is free from encroachment therefore no PAPS were enumerated. The RAP provides a budget of Ksh 818,830 for compensation and facilitation of affected PAPs. The budget is inclusive of an item on sensitization and training on use of compensation funds. A topic on sensitization of PAPs against Gender Based Violence related to compensation will be included in the sensitization program. 8.5.5.2 Other Social Risks The Project activities as described in the report have the potential of triggering various social risks both at Project Construction Phase and Operation Phase. This assessment has identified potential social risks associated with the Project as listed below and analyzed in Table 8.12 on Page 8-24. (i) Labour influx and related impacts (ii) Human rights and gender inclusivity (iii) Children protection (iv) Increased transmission of communicable diseases including HIV/AIDS (v) Sexual Exploitation and Abuse (vi) Gender-based violence at the community level Labour Influx, Gender Based Violence and Children Protection Management Plan The contractor who will be hired for the assignment will be required to develop his owner specific labour Influx Management Pan, Gender Based Violence Prevention and Children Protection Strategies and sign code of conduct with employees and supervision engineer on implementation. The code of conduct be designed to ensure that contractor and workers adhere to environment and social standards with regards to management of labour force and safeguarding workers and community members against Gender Based Violence and ensuring children are protected against abuse. At the ESIA stage, adverse social risks associated with the project in Voi, Mwatate, Wundanyi and Taveta Towns is summarized in Table 8.11 on page 8-22. The risks were adopted as guided by the “Good Practice Note of the World Bank (1st December 2016) on Managing the Risks of Adverse Impacts on Communities from temporary project” MIBP 8-24 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Table 8.10: Adverse Social Impacts Social Impact Descripting Risk of social Conflicts may arise between the local community and the construction conflict: workers, which may be related to religious, cultural or ethnic differences, or based on competition for local resources. Tensions may also arise between different groups within the labor force, and pre-existing conflicts in the local community may be exacerbated. Ethnic and conflicts may be aggravated if workers from one group are moving into the territory of the other. Risk of the The activities necessary for effective and meaningful consultations will lead spread of to close interaction between the proponent and the community members COVID-19 leading to a high risk of spreading Covid – 19 amongst community members amongst during the consultation process. The activities may take the form of one –on community members during –one or onsite presence in the community, large gatherings and long consultations duration of engagement sessions. Increased risk of The influx of workers and service providers into communities may increase illicit behavior the rate of crimes and/or a perception of insecurity by the local community. and crime: Such illicit behavior or crimes can include theft, physical assaults, substance abuse, prostitution and human trafficking. Influx of Especially in projects with large footprints and/or a longer timeframe, people additional can migrate to the project area in addition to the labor force, thereby population exacerbating the problems of labor influx. These can be people who expect (“followers”): to get a job with the project, family members of workers, as well as traders, suppliers and other service providers (including sex workers), particularly in areas where the local capacity to provide goods and services is limited. Impacts on Depending on the number of incoming workers (to be determined by the community contractor) and their engagement with the host communities in Voi, dynamics: Mwatate, Wundanyi and Taveta, the composition of the local community, and with it the community dynamics, may change significantly. Pre-existing social conflict may intensify as a result of such changes. Increased The presence of construction workers and service providers (and in some burden on and cases family members of either or both) can generate additional demand for competition for the provision of public services, such as water, electricity, medical services, public service transport, education and social services. provision: Increased risk of The influx of people may bring communicable diseases to the project area, communicable including sexually transmitted diseases (STDs), or the incoming workers diseases and may be exposed to diseases to which they have low resistance. This can burden on local result in an additional burden on local health resources. Workers with health health services: concerns relating to substance abuse, mental issues or STDs may not wish to visit the project’s medical facility and instead go anonymously to local medical providers, thereby placing further stress on local resources. Gender-based Construction workers are predominantly younger males. Those who are violence: away from home on the construction job are typically separated from their family and act outside their normal sphere of social control. This can lead to inappropriate and criminal behavior, such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with minors from the local community. A large influx of male labor may also lead to an increase in exploitative sexual relationships and human trafficking whereby women and girls are forced into sex work. Child labor and Increased opportunities for the host community to sell goods and services school dropout to the incoming workers can lead to child labor to produce and deliver these goods and services, which in turn can lead to enhanced school dropout. Local inflation of A significant increase in demand for goods and services due to labor influx prices may lead to local price hikes and/or crowding out of community consumers. Increased Depending on project worker income and form of accommodation provided, pressure on there may be increased demand for accommodations, which again may lead accommodations to price hikes and crowding out of local residents. and rents MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Social Impact Descripting Increase in traffic Delivery of supplies for construction workers and the transportation of and related workers can lead to an increase in traffic, rise in accidents, as well as accidents: additional burden on the transportation infrastructure. MIBP 8-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Table 8.11 below provides the impact rating for Social Impacts. Table 8.11: Impacts on Social Setting Impact Project Impacts to social setting of the Project Mitigation High Sources area Efficiency i. Labour Influx Impacts ii. Human Rights and gender inclusivity iii. Child protection iv. Increased Transmission of communicable diseases including Nature of HIV/AIDS impact v. Sexual exploitation and abuse vi. Gender-based violence at the community level vii. Spread of COVID-19 amongst community members as a result of participation in consultations. Reversibility of Yes impact Mitigation As detailed below Measures Affected Workers and Community stakeholders Extent Site – 2 Intensity Medium-5 Magnitude Duration Medium term-4 Probability Likely – 4 (Extent+ Intensity +Duration + Significance Weighting medium Probability) x WF (2+3+3+3) x3=33 (Low) (a) Labour Influx Effects This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers from local, national and international markets. This therefore leads to concentration of people in one area drawn from diverse social and cultural backgrounds often resulting to a number of issues as listed below; (i) Strain on various resources especially water resources for road works (ii) Grievances from local community members over job opportunities. (iii) Sexual Exploitation and Abuse (iv) Unwanted Pregnancies Mitigation Measures to Labour Influx Impacts • The contractor awarded the Project will develop a labour Management Plan (LMP) in consultation with local leaders. • The contractor will ensure effective community engagement and strong grievance mechanisms on matters related to labour with a discrete mechanism for safely and confidentially reporting issues of SEA and GBV at the community level triggered by the Project • Effective contractual obligations for the contractor to adhere to the mitigation of risks against labour influx, the contractor should engage a local community liaison person who is also trained in PSEA.... • The contractor will ensure proper records of labour force on site while avoiding child and forced labour • The contractor will ensure compliance to provisions of Work Place Injuries and Benefits Act (WIBA) 2007 • The contractor will develop and implement a children Protection Strategy, this MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO strategy will ensure that no child under the legal age of 18years in employed to the Project. (b) Gender Based violence and Sexual Harassment Sexual harassment can occur between workers, particularly male workers against female workers, when there is insufficient sensitization of workers against prohibitions for sexual harassment, as well as the absence of reporting and disciplinary measures. This impact is triggered during Project Construction Phase due to the potential of the Contractor’s failure to comply with the following provisions; (i) Gender Inclusivity requirements in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule. (ii) failure to protect Human Risk areas Associated with, Disadvantaged Groups, Interfering with Participation Rights, and interfering with Labour Rights. Mitigation Measures of Human Rights and Gender Requirements • Ensure clear human resources policy against sexual harassment that is aligned with national law • Integrate provisions related to sexual harassment 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 construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse • The contractor will implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: ✓ effective and on-going community engagement and consultation, particularly with women and girls; ✓ review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; etc. • the contractor shall develop specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc • The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation (c) Child Protection The possibility of contractor children abuse is through hiring of child labour, also labour force on site might abuse children within the Project area through sexual advance that could lead to early pregnancies and school dropout including exposure to communicable diseases such as HIV and AIDS. The contractor will undertake the below listed mitigation measures. Mitigation Measures to Child Protection • The contractor will develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the MIBP 8-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Project including SEA. • All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour • Children under the age of 18years should be hired on site as provided by Child Rights Act (Amendment Bill) 2014 • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children to workers home, unless they are at immediate risk of injury or in physical danger. • Refrain from physical punishment or discipline of children). • Refrain from hiring children for domestic or other labour, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. • Comply with all relevant local legislation, including labour laws in relation to child labour specifically provisions of Kenya’s Employment Act Cap 226 of 2007 Part VII on protection of children against exploitation. (d) Increase in Prevalence of Communicable Diseases This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers from local, national and international markets. This therefore leads to concentration of people in one area drawn from diverse social and cultural backgrounds often resulting to people engaging in risky sexual activities. .Additionally, the construction and environmental and social safeguards implementation actions will be done during the COVID-19 pandemic era. The COVID – 19 is a highly infectious disease and since consultations are required such as during RAP implementation and training on E&S issues, these also pose a potentially high risk of infection to and among communities. It is important that alternative ways of managing consultations and stakeholder engagement are implemented to mitigate the impacts. Mitigation Measures to Risk of Communicable Diseases • HIV/AIDS Awareness Program and other communicable diseases to be instituted and implemented as part of the Contractor’s Health and Safety Management Plan to be enforced by the Supervising Engineer. • This will involve periodic HIV/AIDS and other communicable diseases Awareness Workshops for Contractor’s Staff • Access to Contractor’s Workforce Camps by outsiders to be controlled • Contractor to provide standard quality condoms to personnel on site Mitigation Measures to prevent the spread of COVID-19 pandemic Among construction workers during construction: i. Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters; MIBP 8-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO iii. The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; iv. 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 provide and allow participants to provide feedback and suggestions. v. 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. vi. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vii. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Amongst community members during consultations: i. Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. One-on-one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters; iii. The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; iv. 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. Allow participants to provide feedback and suggestions. v. 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. vi. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vii. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. (e) Sexual Exploitation and Abuse This impact refers to sexual exploitation and abuse committed by Project staff against communities and represents a risk at all stages of the Project, especially MIBP 8-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO when employees and community members are not clear about prohibitions against SEA in the Project. Mitigation Measures to Risk of SEA • Develop and implement a SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender - based Violence in Investment Project Financing involving Major Civil Works (Sept 2018). • The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non- compliance; project-level IEC materials; o Response to SEA: including survivor-centered coordinated multi- sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level Information Education and Communication (IEC) materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. (f) Gender-based Violence at the Community Level This impact refers to gender-based violence that women and girls may experience as a result of Project implementation. This includes, for example, an increase in intimate partner violence (IPV) when compensation schemes that share funds equally among husband and wife at the household level do not provide adequate sensitization and safety measures to reduce potential for increased tensions due to females receiving funds. This also refers to other GBV-related risks incurred as a result of water and sanitation projects that do not adequately consult women and adolescent girls in the community about safety and security issues related to the delivery of water and sanitation services. Mitigation Measures to Risk of GBV at the Community Level • Develop and implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: o effective and on-going community engagement and consultation, particularly with women and girls; o review of specific project components that are known to heighten GBV MIBP 8-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO risk at the community level, e.g. compensation schemes; employment schemes for women; delivery of water supplies; etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; water services; etc • Ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Positive Impacts During Operational Phase The Project shall result in both direct and indirect benefits to the residents of Kilifi, Kaloleni, Mazerars, Mariakani and Mtwapa Town as summarized below: (i) Improve affordable, clean, reliable water supply within Project area leading to improved health and hygiene. (ii) Reduce exposure to health risks posed by consumption of untreated water from existing community water schemes. (iii) Improve health and nutrition of beneficiaries through provision of treated safe water. (iv) Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education. (v) The Project once operational will save community members money, this is because the water will be billed at recommended tariff by Water Services Regulatory Authority as opposed to the current exorbitant tariffs posed by local community water schemes. Negative Impacts during Project Operational Phase The Operation phase will have potential negative impacts; these impacts are less significant and can be easily mitigated as described in Table 8.12 below. Table 8.12: Negative Impacts and Mitigation measure during Project Operation Issue Summary of Mitigation • Mapping and installation of beacons to illustrate the width of the pipeline reserve Risk of encroachment • Regular patrol of the pipeline corridor for encroachment. and construction of • Prosecution of encroachers as required by County By-Laws on structures on the water way leaves and road reserves maintenance. easement corridor • Conduct public sensitization programs on the importance of not interfering with way leaves and public reserve land • Regular check, repair and maintenance of the water pipeline Risk of water pipeline • Activate a community watch group for information sharing on the bursts leading to water status of the water line wastages (Non-Revenue Water percentages • Implement a leak detection and repair program (including increase) records of past leaks and unaccounted for water to identify potential problem areas) • Identify environmental issues that need mitigation during operation of the Project component. Water Discharges during • Develop management plans and procedures needed to address flushing/cleaning of the environmental concerns pipes to remove • Monitor and evaluate the performance against set targets sediments • Set a budget for environmental management and restorations • Schedule for revising and updating the ESMMP • Initiate sensitization programmes on best practices on solid waste management right from the source, sorting, transportation and disposal MIBP 8-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO Issue Summary of Mitigation • Conducting an initial audit in the first year of operation of the projects and subsequent annual audits of the operational activities. MIBP 8-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) Purpose and Objectives of ESMMP The specific objectives of the ESMMP are to: • Serve as a guiding document for the environmental and social monitoring activities for the supervising consultant, contractor and the client management including requisite progress reports. • Provide detailed specifications for the management and mitigation of activities that have the potential to impact negatively on the environment. and/or the affected population • Provide instructions to relevant Project personnel regarding procedures for protecting the environment and minimizing environmental and social effects, thereby supporting the Project goal of minimal or zero incidents. • Document environmental concerns and appropriate protection measures; while ensuring that corrective actions are completed in a timely manner. Auditing of ESMMP Coast Water Works Development Agency (CWWDA) and the Contractor shall conduct an initial and subsequent annual self-audit to the ESMMP to ensure that the system for implementation of the ESMMP is operating effectively. The World Bank will also supervise progress during regular supervision missions. The audit shall check that a procedure is in place to ensure that: • The ESMMP being used is the up to date version; • Variations to the ESMMP and non-compliance and corrective action are documented; • Appropriate environmental training of personnel is undertaken; • Emergency procedures are in place and effectively communicated to personnel; • A register of major incidents (spills, injuries, complaints), is in place and other documentation related to the ESMMP. • A discrete mechanism for safely and confidentially reporting issues of SEA and of GBV at the community level triggered by the Project • Referral pathways are in place for support of survivors of SEA and of GBV at the community level triggered by the Project • Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued. Management Responsibility of ESMMP In order to ensure the sound development and effective implementation of the ESMMP including monitoring implementation of GBV and SEA, it will be necessary to identify and define the responsibilities and authority of the various persons and Organizations that will be involved in the project. The following entities should be involved in the implementation of this ESMMP: • CWWDA/TAVEVO • NEMA Taita Taveta County • Contractor • Design Consultant; • County Government of Taita Taveta • Community members MIBP 9-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 9.3.1 Coast Water Works Development Agency (CWWDA) / Taita Taveta Water and Sewerage Company (TAVEVO) CWWDA in conjunction with TAVEVO the Project proponent, will be charged with the responsibility of ensuring that the proposed development has been put up in an environmentally sound manner. This can be achieved by inclusion of environmental specifications in the tender documents, selection of renowned environmentally conscious contractors and supervision to ensure that the objectives of this ESMMP are met. 9.3.2 National Environment Management Authority (NEMA) The responsibility of NEMA is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government of Kenya in the implementation of all policies relating to the environment. Specific NEMA roles are listed below. • Reviewing and provide approval or issuance of improvement comments on the project ESIA report. • Issue ESIA license and the associated conditions • Routinely monitor the ESMP, ESIA license conditions compliance and issuance of compliance note or stoppage or improvement orders to the project. 9.3.3 The Contractor The persons/firms contracted to put up the proposed water Projects plant will be required to comply with the requirements of the ESMMP within this report. To ensure strict compliance environmental specifications and social risk mitigation measures that address project related SEA and GBV at the community level and SH of this ESMMP should form part of the contract documents. The contractor will be required under the contract to engage a competent Environment Safety Health and Safety Advisor/officer to advise them on the ESMP compliance; Undertake risk assessments and prepare project specific Construction ESMPs for review and approval before implementation. 9.3.4 Consultant The sourced consultant will have to ensure that the relevant sections related to the contractor’s responsibilitiesis up to date and is being used by the contractor. Periodic audits of the ESMMP will have to be done to ensure full compliance. The Consultant will also be responsible for mitigating social risks (detailed above) during implementation stage and developing monthly and quarterly E&S monitoring reports as envisaged in the project ESMF. Further, in line with the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 and its 2015 revisions, and World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be promptly reported to the respective regulatory institution in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank. Records of All incidents shall also be maintained and available for inspection through the project implementation phase. Investigation shall be conducted, and a corrective action plan developed for every reportable incident to prevent recurrence. MIBP 9-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) REPORT and Tender Documents for Water Distribution Works for FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS Mombasa and 3WSPs FOR TAVEVO 9.3.5 County Government of Taita Taveta The relevant departmental officers within Taita Taveta County will be called upon where necessary during Project implementation to provide the necessary permits and advisory services to the TAVEVO. Environment and Social Management and Monitoring Plan Tables 9.1 and 9.2 on Page 9-4 to Page 9-18 present the ESMMP for the proposed for Improvement of Water Distribution Network within TAVEVO area of Jurisdiction during construction, operation and decommissioning phases respectively. MIBP 9-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Table 9.1: Construction Phase: Environmental and Social Management and Monitoring Plan Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator Seeking ▪ The Contractor shall ensure that all pertinent approvals from permits, certificates and licences have been All the Project NEMA for ESIA, Delay in obtained prior to any activities commencing components • Number of approval of implementation of on site and are strictly enforced/ adhered to; approvals / campsite by the Project due to Low ~KShs.100,000 ▪ The Contractor shall maintain a database of Responsibility permits issued Directorate of objections and all pertinent permits and licences required for TAVEVO & Occupational stop orders the contract as a whole and for pertinent Contractor Health and activities for the duration of the contract Safety (DOSH) ▪ Isolate through fencing the camp sites from access by the public for their safety Campsites • Number of ▪ Preferably to be located on land already Construction Environmental public outcry Medium cleared land wherever possible ~KShs. 200,000 Campsites degradation risks due to ▪ The Contractor’s Camp layout shall take into Responsibility accidents account availability of access for deliveries Contractor and services and any future works ▪ Utilize to the extent possible the existing public roads to avoid social and economic disruption • Cases of private Access to Environmental No direct cost ▪ Ensure road safety measures for the Access Roads land required campsites and degradation risks associated and risk to female Medium construction vehicles to the extent possible • Accidents construction by observing all traffic regulations workers of sexual Responsibility occurrence sites harassment ▪ All workers to sign Code of Conduct which Contractor incidences addresses SH at the workplace and penalties; Sensitize workers on dangers and consequences of sexual harassment. MIBP 9-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator ▪ The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMMP ▪ The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this ESMMP in his costs and programming ▪ An initial environmental awareness training session shall be held prior to any Risks of work commencing on site, with the target • Number of Environmental audience being all project affected Trainings Held Environmental and Social persons • Availability of ▪ Through an approved occupational All Workers and Social degradation risks Training reports Training and and occupational Medium safety and health advisor, train workers • Attendance list KShs. 200,000 on proper working and handling of Responsibility Awareness health and safety of participants asbestos cement material before Contractor related accidents during the and risk mitigation commencement of works. Refer to training of SH and SEA detailed mitigation guidelines in sessions Appendix 3. ▪ The Contractor will be required to provide for the appropriate Social Risk Management Training and Awareness as described in this ESMMP, including specific and ongoing training on the COC in his costs and programming ▪ An initial social risk awareness training on SH and SEA shall be held prior to any work commencing on site, with the target audience being all project affected persons HIV/AIDS Risks of ▪ The Contractor shall institute HIV/AIDS All Workers • Number of awareness and Increased HIV awareness and prevention campaign Trainings Held Medium KShs. 200,000 prevention and Aids amongst his workers for the duration of the • Availability of campaign transmission in contract, contracting an implementing Responsibility Training reports MIBP 9-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator the area organisation, with preference for an Contractor • Attendance list organisation already working on this issue in of participants the Project area; during the ▪ The campaign shall include the training of training facilitators within the workers, information sessions posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free), coordination with GBV prevention messages and theatre groups • The Contractors will develop a SOPs for managing the spread of Covid-19 during project execution and submit them for the approval of the Supervision Engineer and the Client before mobilization. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions; • Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be All the Project COVID-19 required for all project personnel including components • Avoid concentrating of more than 15 workers at • Availability of Spread of COVID- one location. Where two or more people are SOP(s), Training 19 amongst High material, PPE, gathered, maintain social distancing of at least 2 Responsibility workers sanitizing facilities meters. MAWASCO & etc • All workers and visitors accessing worksites Supervising Eng. & every day or attending meetings shall be Contractor(s) subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for covid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social MIBP 9-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; ▪ • Electronic means of consulting stakeholders and, holding meetings, whenever possible, shall be encouraged whenever feasible. One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; • Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters; • The team carrying out engagements within the communities on one-on-one basis will be All the Project provided with appropriate PPE for the number of components Availability of Spread of COVID- people they intend to meet; SOP(s), 19 amongst • Use traditional channels of communications (TV, Training COVID-19 community newspaper, radio, dedicated phone-lines, public material, Responsibility members during announcements and mail) when stakeholders do PPE, consultations MAWASCO & sanitizing not have access to online channels or do not use processes facilities etc.; them frequently. Ensure to provide and allow Supervising Eng. & participants to provide feedback and suggestions. Contractor(s) • • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. • Ensure online registration of participants, MIBP 9-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator distribution of consultation materials and share feedback electronically with participants ▪ Wherever possible, the Contractor shall use local labour, and women must be • Number of Delay in Project encouraged to be involved in construction workforce implementation work All the Project Lots employed from Local Labour / due to opposition ▪ The contractor shall ensure compliance to the local No direct costs Employment Medium from aggrieved the gender balance as required by the 2/3 Responsibility community associated community gender rule Contractor • Number of members ▪ The contractor shall implement strategies females presented in section 8.5.5.2 to reduce risk of employed GBV ▪ Construction activities will be limited to Project sites / routes which already exist All work areas therefore limited destruction to vegetation Vegetation Cover cover, Responsibility • Soil erosion Low to destruction ▪ Compensatory planting of trees that will be Contractor in extend and KShs.200,000 medium cut by the contractor during excavation of water liaison with Kenya intensity on site pipeline trenches , this will be achieved Forest Services through a tree planning program to be Coastal Region initiated under the works contractor. • No grey water runoff or uncontrolled Excavations discharges from the site/working areas (Vegetation (including wash down areas) to adjacent clearance, storm water shall be permitted; channeling and • Water containing such pollutants as site cements, concrete, lime, chemicals and All work areas Impacts on Water • Water quality preparations) Low to fuels shall be discharged into a No direct cost Resources - water flowing through medium conservancy tank for removal from site Responsibility pollution storm where applicable Contractor • The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to storm water channels Siltation and • Any work along storm water channels will civil works areas • Silt load in storm Sedimentation low be isolated to prevent silt propagating water channels No direct cost Control downstream; Responsibility MIBP 9-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator • Debris and other material will be Contractor prevented from entering Storm water channels; contamination by other pollutants); • Sand/silt traps should be used so as to prevent silt and any other sediments from getting into storm water channels • Site compounds and stockpiles will be located away from shallow wells and storm water channels • Excavations should be controlled so that land that is not required for the Project works is not disturbed; • Wherever possible, excavations should be civil works areas • Extend of soil Soil Erosion carried out during the dry season to low erosion on site No direct cost Impacts prevent soil from being washed away by Responsibility the rain. Contractor • Excavated materials should be kept at appropriate sites approved by the Supervising Engineer. ▪ Contractor to provide a Healthy and Safety Plan (HSP) prior to the commencement of works to be approved by the Supervising Engineer. ▪ Provide Personal Protective Equipment (PPE) including gloves, gum boots, overalls • Number of and helmets to workers. Use of PPE to be civil works areas fatalities and enforced by the Supervising Engineer. accidents Site Activities Risk of Accidents High ▪ Fully stocked First Aid Kits to be provided Responsibility at Work Sites recorded in the KShs.200,000 within the Sites, Camps and in all Project Contractor incidence book Vehicles Supervision ▪ Strict use of warning signage and tapes where the trenches are open and at other active construction sites ▪ Contractor to Employ and train Road Safety Marshalls who will be responsible for management of traffic on site MIBP 9-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator ▪ The contractor shall develop a comprehensive Waste Management Plan (WMP) prior to commencement of works ▪ Properly labelled and strategically placed • Quantity of solid waste disposal containers shall be provided civil works areas Wastes at all places of work Solid Wastes Responsibility Generated and High ▪ Litter bins should have secured lids to impacts Contractor appropriately KShs.200,000 prevent animals and birds from scavenging Supervision disposed ▪ All personnel shall be instructed to dispose of all waste in a proper manner ▪ Recycling of construction material shall be practiced where feasible e.g. containers and cartons • The contractor will ensure clear human resources policy against sexual harassment that is aligned • SH Policy Sexual with national law civil works areas • Number of Harassment • The contractor will integrate provisions related to Responsibility trainings for staff sexual harassment in the employee COC Contractor between project on SH ▪ The contractors will ensure appointed human Supervision workers • HR trained in SH resources personnel to manage reports of sexual harassment according to policy ▪ Water containing pollutants such as concrete or chemicals should be directed to a conservancy tank for removal from the site where applicable ▪ Potential pollutants of any kind and form Site Activities shall be kept, stored and used in such a • Quantity of manner that any escape can be contained civil works areas liquid Wastes ▪ In case of any form of pollution the Liquid Wastes Generated and High contractor should notify the Resident Responsibility Impacts appropriately KShs.200,000 Engineer (RE) Contractor disposed ▪ Wash areas shall be placed and constructed Supervision in such a manner so as to ensure that the surrounding areas including groundwater are not polluted ▪ No grey water runoff or uncontrolled discharges from the site or working areas to any adjacent Storm water channels. Sanitation High ▪ The Contractor shall -laws relating to public All work areas Incidence of No direct cost MIBP 9-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator issues resulting health and sanitation reported cases of associated from both solid ▪ All temporary/ portable toilets or pit latrines Responsibility water related and liquid shall be secured to the ground to the ▪ Contractor diseases among wastes on site satisfaction of the RE to prevent them from ▪ Engineer the workforce and toppling over neighbor Risks associated ▪ A wash basin with adequate clean water and community with water borne soap shall be provided alongside each toilet. diseases exposed Staff shall be encouraged to wash their to community and hands after use of the toilet, in order to workforce minimise the spread of possible disease ▪ Toilets will be sex-segregated in order to ensure the privacy, safety and dignity of women and men ▪ The contractor shall ensure that the machines and equipment are in good condition when on site. • Quantity of ▪ Ensure proper handling of lubricants, fuels civil works areas waste fuels and Fuels, Oils and and solvents while maintaining the plant and oils other hydro- High equipment. Responsibility appropriately KShs.200,000 carbons ▪ Any chemical or fuel spills shall be cleaned ▪ Contractor disposed up immediately. The spilt liquid and clean-up ▪ Engineer material shall be removed, treated and Site Activities transported to an appropriate site licensed for its disposal. Storage of fuel oils, lubricants, All work areas chemicals and ▪ Follow specifications of the Occupational Incidence of flammable Health and Safety Act 2007, EMCA 2015 Responsibility reported cases of No direct cost High materials and others in the development and ▪ Contractor fuel leaks and fire associated Hazards of fire operation of stores. ▪ Supervision incidences outbreak, oil and Engineer chemical spills. Noise and ▪ The Contractor shall keep noise level within No direct cost civil works areas Vibration control acceptable limits and construction activities Reported associated from plant and shall, where possible, be confined to normal complaints from Responsibility Site Activities equipment High working hours in the residential areas neighbor ▪ Contractor Risk to health and ▪ hospitals and other noise sensitive areas community and ▪ Supervision safety of shall be notified by the Contractor at least 5 institutions Engineer community and days before construction is due to MIBP 9-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator workers commence in their vicinity ▪ Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE ▪ The Contractor must adhere to Noise Prevention and Control Rules of April 2005 ▪ Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications ▪ The removal of vegetation shall be avoided Air Quality until such time as clearance is required and All work areas Control Cases of exposed surfaces shall be re-vegetated or No direct costs Air pollution respiratory stabilised as soon as practically possible Responsibility (integrated in causing High complication at ▪ The contractor shall not carry out dust ▪ Contractor the works respiratory nearby health generating activities (excavation, handling ▪ Supervision costs) disorders to centre and transport of soils) during times of strong Engineer human winds ▪ Vehicles delivering soil materials shall be covered to reduce spills and windblown dust ▪ Water sprays shall be used on all excavated areas within 200metres of human settlement. ▪ Strict use of protection, warning signage and tapes where the trenches are open and Civil works areas Risks of Accidents, active sites Accidents Traffic Injuries or death of ▪ Employ and train road safety Marshalls who Responsibility occurrence No direct cost management on workers or high will be responsible for management of traffic ▪ Contractor incidences site community on site ▪ Supervision member ▪ Contractor to provide a traffic management Engineer plan during construction to be approved by the resident engineer • Implement ARAP assessment prepared for the All the Project • Numbers of Project. components. satisfied PAPS Resettlement High • The total number of Project Affected Persons in Kshs.818,830 Impacts Voi Town are 5 PAPs among them 1 PAP is Responsibility • Extent of route female while 4 PAPs are male. No vulnerable TAVEVO / Taita opened to the MIBP 9-12 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator PAPs were enumerated in Voi. Taveta County contractor • The assessment identified that all the Water Government Lines within Mwatate, Wundanyi and Taveta Towns had no PAPs and are free from encroachment at the time of ARAP field census activities. • The contractor awarded the Project will develop a labour Management Plan (LMP) in consultation with local leaders. • The contractor will ensure effective community engagement and strong grievance mechanisms on matters related to labour including sexual exploitation and abuse • Effective contractual obligations for the contractor to adhere to the mitigation of Project Corridor • Number of risks against labour influx, the contractor grievances Medium to should engage a local community liaison recorded by No direct Labour Influx person. Responsibility High disgruntled cost • The contractor will ensure proper records ▪ Contractor works force and of labour force on site while avoiding child ▪ Supervision community and forced labour Engineer • The contractor will ensure comply to provisions of Work Place Injuries and Benefits Act (WIBA) 2007 • The contractor shall require his/her employees, sub-contractors, sub-consultations and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct, with specific prevision on protection from sexual exploitation and abuse • The contractor will mainstream Gender Project Corridor Inclusivity in hiring of workers and entire Gender Project Management as required by • women and Inclusivity in Gender Policy 2011 and 2/3 Gender Rule. No direct Low Responsibility Men employed Project • Special provisions for reporting and addressing cost ▪ Contractor by the Project activities any GBV risks at the community level (ie. ▪ Supervision backlash in the home) related to employment of women Engineer MIBP 9-13 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator • The existing community structures headed by location chiefs should be involved in local labour hire, emphasize the requirement of hiring women, youth and people with disability and VMGs • Protecting Human Risk areas associated with, Disadvantaged Groups, Interfering with Participation Rights and interfering with Labour Rights • To include promotion of human rights, including gender equality and equity in Employee’s Code of Conduct • The contractor will develop and implement a Children Protection Strategy that will ensures minors are protected against Project Corridor negative impacts associated by the Project. Number of cases Children • All staff of the contractor must sign, No direct High Responsibility reported involving abuse impacts committing themselves towards protecting cost ▪ Contractor abuse of children children, which clearly defines what is and ▪ Supervision is not acceptable behaviour Engineer • Children under the age of 18years should not be hired on site as provided by Child Rights Act (Amendment Bill) 2014 • HIV/AIDS Awareness Program and other communicable diseases to be instituted and • Number of implemented as part of the Contractor’s Trainings Held Budgeted Health and Safety Management Plan to be Increase of enforced by the Supervising Engineer. All Workers • Availability of above in communicable Training reports (HIV/AIDS • This will involve periodic HIV/AIDS and diseases High other communicable diseases Awareness • Attendance list and including HIV Responsibility of participants Awareness Workshops for Contractor’s Staff and Aids Contractor during the Prevention • Access to Contractor’s Workforce Camps Campaign) training by outsiders to be controlled sessions • Contractor to provide standard quality condoms to personnel on site Gender-based • The contractor will implement provisions that • Mitigation plan for violence at the ensure that gender-based violence at the GBV occurring at MIBP 9-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator community community level is not triggered by the Project, the community level including: level as a result of • Effective and on-going community project engagement and consultation, implementation particularly with women and girls; • Number of GBV • Review of specific project cases happening components that are known to at the community heighten GBV risk at the level that receive community level, e.g. survivor-centered compensation schemes for referral and care women, employments schemes for women, etc.; • Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment • The contractor will ensure adequate referrals mechanisms are in place if a case of GBV at the community level is reported related to project implementation • Develop and implement a SEA action plan with an • SEA Action Plan Accountability and Response Framework as part • Code of Conduct of the C-ESMP. The SEA action plan will follow • Number of staff guidance on the World Bank’s Good Practice Note trainings for Addressing Gender-based Violence in • SEA FP Investment Project Financing involving Major Civil • Community Sexual Works (Sept 2018). Liaison Officer Exploitation • The SEA action plan will include how the project trained in PSEA and Abuse by will ensure necessary steps are in place for: • IEC materials for project o Prevention of SEA: including COCs and workers sites and workers ongoing sensitization of staff on community against responsibilities related to the COC and • Discrete SEA community consequences of non-compliance; project- reporting pathway members level IEC materials; • Relevant policies, o Response to SEA: including survivor- e.g. investigations centered coordinated multi-sectoral and discipline and referral and assistance to complainants whistlblower according to standard operating protection procedures; staff reporting mechanisms; • Monthly minutes written procedures related to case from SEA MIBP 9-15 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Associated Impact Target Areas & Monitoring Budget Activity Management Actions Impacts Levels Responsibilities Indicator oversight, investigation and disciplinary coordination procedures at the project level, including meetings confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness- raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. ▪ The site is to be cleared of all construction materials, including litter prior to hand over ▪ Fences, barriers and demarcations All work areas associated with the construction phase must Contractor de- Associated risks be removed from the site mobilization Closeout audit No direct of environmental Medium ▪ Fences, barriers and demarcations Responsibility and site report findings anticipated degradation associated with the construction phase must ▪ Contractor reinstatement be removed from the site ▪ Supervision ▪ Rehabilitation Activities of Environmental Engineer Cases identified must continue throughout the defect liability period Total Estimated Cost for ESMMP EMP 1,400,000.00 RAP Cost RAP 818,830.00 MIBP 9-16 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Table 9.2: Operational Phase: Environmental and Social Management and Monitoring Plan No. Issue Action required Responsibility Provisional Budget • Mapping and installation of beacons to which illustrate the width of the pipeline reserve To be established at • Regular inspection of the pipeline corridor for encroachment. Risk of encroachment and construction of operation phase and included 1 • Prosecution of encroachers as required by City County By laws TAVEVO structures on the water easement corridor in the operation of the on way leaves and road reserves maintenance. projects • Conduct public sensitization programs on importance not interfering with wayleaves and public reserve land Risk of water pipeline bursts leading water wastages (Non-Revenue Water • Regular check, repair and maintenance of the water pipeline percentages increase) • Activate a community watch group for information sharing on To be established at the status of the water line operation phase and included 2 Water system leaks can reduce the • Implement a leak detection and repair program (including TAVEVO in the operation of the pressure of the water system records of past leaks and unaccounted- for water to identify projects compromising its integrity and ability to potential problem areas) protect water quality (by allowing leakage of contaminated water into the system) • This is common in the informal settlements where residents illegally tap the water pipeline • This will require constant inspection by TAVEVO officials and To be established at Risk of illegal connection to the water installation of leak and burst detectors at designated areas operation phase and included 3 pipeline TAVEVO along the pipeline. in the operation of the • Conduct public sensitization programs on importance not projects interfering with the water pipeline and the need to seek official water connection from TAVEVO • Identify environmental issues that need mitigation during Project operation. Water Discharges during flushing/cleaning • Develop management plans and procedures needed to of pipes to remove sediments is also a address the environmental concerns potential impact in this phase. • Monitor and evaluate the performance against set targets To be established at • Set a budget for environmental management; and restorations The major environmental aspect of water operation phase and included 4 pipe flushing is the discharge of flushed • Schedule for revising and updating the ESMMP. TAVEVO in the operation of the water, which may be high in suspended • Initiate sensitization programmes on best practices on solid projects solids, residual chlorine, and other waste management right from the source, sorting, contaminants that can harm terrestrial and transportation and disposal aquatic fauna and flora • Conducting an initial audit in the first year of operation of the projects and subsequent annual audits of the operational activities. MIBP 9-17 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO No. Issue Action required Responsibility Provisional Budget • Identify and assess GBV/SEA risks at the community level • Establish procedures to review and update risk assessments during project implementation • Assess the capacity and the availability of quality, safe and ethical services for survivors Risk of Sexual Exploitation and Abuse by • Conduct a GBV service mapping To be established at operation 5 project workers against community • Include GBV sensitive approaches in GRM TAVEVO phase and included in the members • Develop and implement a SEA Action plan including a operation of the projects prevention and Accountability and Response Framework (as detailed above) • Develop and implement GBV mitigation Plan • Consider having a GBV specialist in the supervision consultant’s team MIBP 9-18 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Decommissioning Flow Chart The Project has been designed to operate effectively for over 20 years. In the event that the infrastructure will be required to be overhauled, then steps should be considered in order to undertake the procedure in a structured manner with minimum impact to both human and natural environment as illustrated in Table 9.3 below. Table 9.3: Decommissioning Flow Chart Stage Action Actor Initiation Development of an Objective Worksheet and Step 1 checklist incorporating references, legal and Proponent policies Undertake decommissioning audit Prepare Road Map for Decommissioning Design Step 2 Conduct design review to validate elements of the Proponent design and ensure design features are incorporated in the decommissioning design. Public consultations Prepare and Award Contract Prepare a contract that incorporates validated Step 3 Proponent Project information and award to a contractor as per the Procurement rules. Execute Decommission Works Implement design elements and criteria on the Project in accordance with specifications and Step 4 drawings. Inspect during decommissioning and at Contractor Project completion to ensure that all design elements are implemented according to design specifications. Commissioning Environmental Management Step 5 Contractor Plan Non-Conformance, Corrective/Preventive Action Step 6 Determine root cause Contractor Propose corrective measures Propose future preventive measures. MIBP 9-19 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO 10.0 FINDING AND CONCLUSION Conclusion The Environmental and Social Impact Assessment (ESIA) undertaken for the Project indicates that the area is located within Voi, Wundanyi, Mwatate and Taveta Towns, these towns are influenced by anthropogenic activities and no sensitive environment ecosystems were identified along the Proposed Water line routes. Therefore, there will be no direct interaction of the Project activities at the time of construction with the natural sensitive ecosystems. The Environment and Social impacts will be less significant impacts which can be mitigated as discussed in Chapter 8 of this assessment. Recommendations This assessment requires the following provisions: (i) The Bid Documents prepared for the Project incorporates the Environment, Social Health and Safety Provisions discussed under Chapter 8 (Environment and Social Impact Assessment and Mitigation Measures). (ii) The Project Contract Document shall include provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (CEMSP), annexes to the CEMSP will include: ✓ Health, Hygiene and Safety Plan ✓ Labour Management Plan ✓ Child Protection Strategy ✓ Waste Management Plan ✓ Contractors Code of Conduct including provisions on VAC, SEA, and SH ✓ Gender Based Violence and Sexual Harassment prevention Strategy ✓ HIV/Aid Prevention Strategy ✓ GBV Action Plan, including: • SEA Prevention and Response Strategy • SH Policy • GBV Mitigation Plan • SEA Redress Mechanism • SH Redress Mechanism (iii) The Project supervising engineer will engage on a fulltime basis environment and social safeguards officers who will be in charge of ensuring compliance of the contractor to environment and social provisions provided by the ESIA and Construction Environment and Social Management Plans (CEMP) prepared by the contractor. The officer will participate in monthly and quarterly meetings and will generate monthly and quarterly environment and social safeguards compliance reports. The contractor should also recruit a community liaison officer who will act as a link between the community and the contractor. (iv) At Project Implementation Stage, the Contractor will report to the Project management team comprising of the Consultant and the Project proponent monthly on how ESHS provisions detailed in this ESIA are addressed. MIBP 10-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO (v) At Project completion stage, within the defects liability Period, Coast Water Works Development Agency (CWWDA) will initiate and an Initial Environment and Social Audit for the Project as required by EIA/EA Audit regulation of the year 2003 and subsequent annual audits. The audit will develop an Environment and Social Audit Action Plan (ESAAP) that will used to track Project Environment and Social Compliance during Project operation. The ARAP report prepared for the Project will be implemented in line with the provisions of the ARAP as required by World Bank OP 4.12 on Involuntary Resettlement. The ARAP findings were that the total number of PAPs in the Project area are 5 PAPs, among them, 4 PAPs are male while 1 PAP is female with no vulnerable PAPs. All the 5 PAPs will lose structures used for business livelihood established on the proposed water pipeline easement referenced as V03 and V12 in Kaloleni Location, Voi Town The ARAP provides a total implementation budget of Kshs. 818,830 (Eight Hundred and Eighteen Thousand, Eight Hundred and Thirty Kenya Shillings). MIBP 10-2 Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs APPENDICES MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs LIST OF APPENDICES Appendix 1 Public Participation Minutes and List of Participants Appendix 2 Chance Find Procedures Appendix 3 Abstract on Asbestos Cement Water Pipeline Health Risk and Handling protocol Appendix 4 Environment and Social Screening Checklist Appendix 5 Grievance Redress Mechanism Appendix 6 Lead Expert License 2019 MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs APPENDIX 1 PUBLIC PARTICIPATION MINUTES AND LIST OF PARTICIPANTS MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO PUBLIC CONSULTATIVE MEETING WITH VOI COMMUNITY HELD BY THE CONSULTANT FOR CWWDA AT BOMU SOCIAL HALL SOFIA- VOI TOWN ON 14TH MARCH 2019 TAITA TAVETA COUNTY MEMBERS PRESENT 1. Area MCA 2. Chief 3. Village elders 4. Consultant representative 5. Community members of Voi AGENDA 1. Brief about Water Project 2. legal and policy provisions with regard to RAP and ESIA 3. Environment Impacts 4. RAP impacts 5. Plenary discussion MIN 1/3/2019: Introduction The meeting was called to order at 10:30pm by Partrick (Technical Manager TAVEVO) who asked one of the community members present to pray before the meeting begun. He thanked all the attendees for coming, further he explained that the aim of the meeting was to (i) Introduce the Project to the community (ii) Gather Community Views and concerns The consultant representative thanked everyone for attending the forum, he further added that this was an open forum thus everyone should participate to make it a success. He urged the community to fully support the project as it would improve the water supply and distribution to the targeted areas. MIN 2/3/2019: LEGAL AND POLICY PROVISIONS WITH REGARDS TO RAP and ESIA The consultant representative guided people present on legal and policy provision with regards to RAP. Land Act 2012 and World Bank OP 4.12 on Involuntary Resettlement were the main statutes which protect PAPs against impacts caused to them by development projects. Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. ENVIRONMENT IMPACTS MIN 4/3/2019: DUST AND AIR POLLUTION The meeting discussed this agenda at length with community members raising their concerns of how contractors normally avoid addressing this issue during project construction phase. They were advised that the EIA has provided mitigation measure to be adopted by the contractor to suppress dust such as use of water sprays. In addition, vehicle speeds shall be reduced by speed humps to minimize the generation of dust on site and on diversions. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIN 5/3/2019: OPEN TRENCHES AND UNCOVERED EXCAVATIONS The issues of health and safety risks posed by open trenches was discussed in the forum. The assistant chief suggested that in case any open trenches were to be left overnight or any time of the day, warning signs must be provided to alert members of the public. The gathering was informed that appropriate mitigation measures have been provided in the ESIA to eliminate such risks. In addition, health and safety officers will be employed on a permanent basis by the contractor to monitor compliance. MIN 6/3/2019: WATER POLLUTION The gathering discussed likely pollution of water resources especially shallow wells and seasonal stream with the project location. The trigger of this is related to accumulation of solid wastes from the construction activities and related oil and fuel spills from plant and equipment. They were informed that the EIA has also provided appropriate measures among them proper collection and disposal of solid wastes and appropriate servicing including collection and disposal of effluent s from plant and equipment on site. MIN 7/3/2019: VEGETATION CLEARANCE This came out as a concern by a village elder whose main worry was that due to the dryness of the area, during the clearing of the bushes, soil erosion might occur as a result. The consultant advised that clearing of vegetation would be minimized only to the project area and that this would ensure that there’s little effect on the soil. In addition, a follow up compensatory planting of trees will be mandatory to cub the effects. RESETTLEMENT IMPACTS MIN 8/3/2019: RESETTLEMENT IMPACTS The community members were informed that after census in Voi town, only 5PAPs were enumerated whose structures are used for business. The structures are constructed with the water pipeline easement in Kaloleni location. (i) PAP’s whose structures used for business will be affected (ii) PAP’s whose business or sources of livelihood will be affected. Further the gathering were informed that the PAPs will be entitled to the below. (i) Loss of Structures will be replaced at full replacement cost, the owners will also be given three months’ notice to remove the affected asset and the right to salvage materials. (ii) Loss of Business: Affected businesses will be given cash grants equivalent to average income as a means of facilitation. (iii) Vulnerability: PAPs will be facilitated with an additional amount due to their stature. In addition, they will also receive preferential/ specialized assistance throughout the RAP process and priority in disbursement of compensation funds MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIN 9/3/2019: PLENARY DISCUSSION The below listed issued in table below were discussed with the community members at the plenary session. Plenary Discussion during the Meeting issues Discussion Way forward A tourist town The town being close to the Tsavo East The project will not interact with National Park is mostly frequented by the park, in addition the EIA has tourist who pass through or stay the night in provided appropriate mitigation the hotels around. Due to the stakeholders measures for any anticipated asked to be given enough time so as to impacts prepare themselves and also their businesses Environmental • The community members wanted to A detailed EIA report with an impact issues know the kind of impacts that they will ESMP had been developed and face during the project implementation will address all these issues with phase key implementing authorities • Ways in which conservation of the soil fully involved. would be maintained after the project to avoid erosion. • Air and noise pollution during the construction phase Time notice The community members requested for The RAP provide for adequate before the adequate notice to be communicated to notice to be given to the PAPs infrastructure them prior to commencement of Project At least 3month prior to any project activities. demolishing after PAPs commences compensation Disruption of The community members wanted to know The master plan for water social and when the project will start and how long it distribution has proposed the economic will take, they were keen on existing public short term measures to be activities utilities such as existing water pipelines and implemented between 2019 to access culverts 2020 while medium term measures to be implemented between 2021 to 2030 MIN 12/3/2019: AOB The chief thanked the people for turning out for the meeting and asked them to always attend such forums. Further the community thanked the consultant for the good work they have been doing so far by always engaging them in the project matters. The MCA urged the community to support the project when it rolls on as this was really long overdue project. He however urged those in charge of the project to be more transparent and accountable in the way they manage the resources. There being no business the forum adjourned at 1:00 pm with a word of prayer from the community member.. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs PHOTO PLATE: Stakeholders following the proceedings One of the PAPS addressing their concerns The Chief addressing the crowd PAPS raising their hands in order to share their opinions MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Attendance List to Meetings MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs PUBLIC CONSULTATIVE MEETING FOR PERSON’S AFFECTED BY PROJECT (PAPs) HELD BY THE CONSULTANT FOR CWWDA AT BOMU SOCIAL HALL SOFIA- VOI TOWN on 30th AUGUST 2018 TAITA TAVETA COUNTY MEMBERS PRESENT 1. Assistant Chief 2. Village elders 3. Consultant representative 4. Person’s affected by Project (PAPs) AGENDA 1. Legal and Policy Provisions with regard to RAP 2. Identified RAP impacts 3. Environment Impacts 4. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 2:30pm and asked one of the community members present to pray before the meeting begun. He thanked all the attendees for coming Further he explained the aim of the meeting was to hear the environmental and resettlement concerns associated with the project. The consultant representative thanked everyone for attending the forum, he further added that this was an open forum thus everyone should participate to make it a success. He urged the community to fully support the project as it would improve the water supply and distribution to the targeted areas. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS TO RAP and ESIA The consultant guided people present on legal and policy provision with regards to RAP. Land Act 2012 and World Bank OP 4.12 on Involuntary Resettlement were the main statutes which protect PAPs against impacts caused to them by development projects. Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project MIN 3/8/2018: RESETTLEMENT IMPACTS The PAPs were informed that after census the below listed category of impacts were recorded in the settlement. (iii) PAP’s whose structures used for business will be affected (iv) PAP’s whose business or sources of livelihood will be affected. Further the gathering were informed that the PAPs will be entitled to the below. (iv) Loss of Structures will be replaced at full replacement cost, the owners will also be given three months’ notice to remove the affected asset and the right to salvage materials. (v) Loss of Business: Affected businesses will be given cash grants equivalent to average income as a means of facilitation. (vi) Vulnerability: PAPs will be facilitated with an additional amount due to their stature. In addition, they will also receive preferential/ specialized assistance throughout the RAP process and priority in disbursement of compensation funds MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIN 7/8/2018: DUST AND AIR POLLUTION The meeting discussed this agenda at length with community members raising their concerns of how contractors normally avoid addressing this issue during project construction phase. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements to suppress the dust produced. In addition, vehicle speeds shall be reduced to minimize the generation of dust on site and on diversions. MIN 8/8/2018: OPEN TRENCHES AND UNCOVERED EXCAVATIONS It was noted with serious concerns that this would become a safety matter during the project implementation period. The assistant chief suggested that in case any open trenches were to be left overnight or any time of the day, warning signs must be provided to alert members of the public. The employment of safety marshals was also emphasized as a way of helping to guide the community on dangerous places with uncovered excavations. MIN 9/8/2018: WATER POLLUTION The PAPs were informed that this was likely to take place during the project implementation period when a lot of construction activities are going on and solid waste from project site is washed off into the water sources around the area. Also oil spills could take place leading to further pollution. They were informed that designated area for servicing of tools and machines used in the project would be clearly mapped out so as to avoid issues of spills contaminating the water. MIN 10/8/2018: VEGETATION CLEARANCE This came out as a concern by a village elder whose main worry was that due to the dryness of the area, during the clearing of the bushes, soil erosion might occur as a result. The consultant advised that clearing of vegetation would be minimized only to the project area and that this would ensure that there’s little effect on the soil. In addition, a follow up compensatory planting of trees will be mandatory to cub the effects. MIN 11/8/2018: PLENARY DISCUSSION The below listed issued in table below were discussed with the PAPs at the plenary session. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Plenary Discussion during the Meeting issues Discussion Way forward A tourist town • The town being close to the Tsavo East The project will not interact National Park is mostly frequented by with the park, in addition the tourist who pass through or stay the EIA has provided appropriate night in the hotels around. Due to the mitigation measures for any stakeholders asked to be given enough anticipated impacts time so as to prepare themselves and also their businesses Environmental • The PAPS wanted to know the kind of A detailed EIA report with an impact issues impacts that they will face during the ESMP had been developed project implementation phase and will address all these • Ways in which conservation of the soil issues with key implementing would be maintained after the project to authorities fully involved. avoid erosion. • Air and noise pollution during the construction phase Time notice before • They requested for time maybe a few This RAP provides for the infrastructure months to be given before operations on adequate notice to be given project commences the pipeline begin so that they can to the PAPs At least 3month decide how to handle the affected prior to any demolishing after assets on the road corridor. PAPs compensation MIN 12/8/2018: AOB A village elder urged the community to support the project when it rolls on as this was really long overdue project. Further the community thanked the consultant for the good work they have been doing so far by always engaging them in the project matters. There being no business the forum adjourned at 14:00 pm with a word of prayer from a PAP. PHOTO PLATE: the stakeholders following the proceedings The assistant chief addressing the meeting MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Further deliberations A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MINUTES OF STAKEHOLDERS MEETINGS PUBLIC CONSULTATIVE MEETING FOR STAKEHOLDERS HELD BY THE CONSULTANT FOR CWWDA AND TAVEVO AT THE CHIEF’S OFFICE- MWACHABO LOCATION- MWATATE TOWN on 30th AUGUST 2018 TAITA TAVETA COUNTY MEMBERS PRESENT 1. Chief 2. Village elders 3. Consultant representative 4. Stakeholders AGENDA 1. Legal and Policy Provisions with regard to ESIA 2. Project Positive Impacts 3. Environment Impacts 4. Plenary discussion MIN 1/8/2018: Introduction The chief called the meeting to order at 2:30pm and a prayer was said by one the elders in attendance. He thanked all the attendees for coming Further he explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The consultant representative thanked everyone for attending the forum. He further added that this was an open forum thus everyone should participate to make it a success. He urged the community elders to fully support the project as it would improve the water supply and distribution to the targeted areas. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project MIN 3/8/2018: PROJECT BENEFITS The stakeholders were happy with the approach used by the consultant in seeking their views about the project especially the area chief. He added that the area was facing difficulties with water supply but also appreciated the work done by TAVEVO officers in Mwatate town in always addressing their issues. They both agreed that the project would bring positive and negative impacts to the town once it was implemented. Some of the positive impacts identified after the project’s implementation would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Improved health and nutrition of Mwatate town people through consumption of treated safe water v. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions. The meeting agreed that the removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line had been proposed from the hospital tank which very near the hospital hence could affect the patients. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: PLENARY DISCUSSION The below listed issued in table below were discussed with the stakeholders at the plenary session. Plenary Discussion during the Meeting Issues Discussion Way forward Kitivo Primary • The present stakeholders raised a concern on why The consultant was to forward School road the road heading to the Primary school wasn’t these recommendations and chosen for the project. deliberation to the team • Their main issue was that; the area had majority of involved the population around the sub-location hence priority needed to be given. • The area near the sisal estate was also thought to be neglected by the project, hence the community elder asked if it could be put in the plans so that they could get water Employment • One of the stakeholders raised the issue with The office of the chief would opportunities complaints of unemployment among the youth in be used to ensure that this the town. would be achieved as he will • They were assured that in case any working be asked to provide any youth opportunities arose during the project, the local that might need a job. people would be considered by the contractor MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Issues Discussion Way forward Transit town • The position of Mwatate town in Taita Taveta The implementation should County places it a very central and crucial occur swiftly to avoid connection between the towns of Voi, Wundanyi unnecessary inconveniences and Taveta. • Due to this factor, the consultant was asked to take keen note and fast track the project when it came so as not to derail any economic activities of the town Health and safety • This issue was agreed upon and stressed by the The ESIA report had also of both the workers chief to be given the seriousness it deserved. capture this in detail with how and residents • Serious measures by the contractor should be put the mitigation measures in site with proper safety and warning signs to help should be put in place. The everyone involved. meeting was informed that the contractor will also develop his own Health and Safety Plan to be approved by the engineer. MIN 4/3/2018: AOB All the stakeholders agreed in unison that the project would really benefit the targeted area as the population around was slowly increasing and getting safe water for domestic use was becoming a challenge. Mwatate Town roads reserves are free from encroachment. Therefore, the Project will not trigger any adverse social impacts to people’s assets and sources of livelihood. There being no additional issues to discuss the forum adjourned at 11:00 am with a word of prayer from a village elder. Photo plate: A question being asked The area chief going through the proposed lines MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO The stakeholders keenly following the meeting A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MINUTES OF STAKEHOLDERS MEETINGS PUBLIC CONSULTATIVE MEETING FOR STAKEHOLDERS HELD BY THE CONSULTANT FOR CWWDA AND TAVEVO AT THE WATER TORO TANK – MWATUNGU VILLAGE- WUNDANYI TOWN on 31ST AUGUST 2018 TAITA TAVETA COUNTY MEMBERS PRESENT 1. Assistant Chief 2. Village elders 3. Consultant representative 4. Stakeholders AGENDA 1. Legal and Policy Provisions 2. Environment Impacts 3. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 8:30am. She thanked all the attendees for coming Further she explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The issue of the low turnout was noted by the chief who said to make a further follow up on why the villagers weren’t attending meetings. The consultant representative thanked everyone for attending the forum and assured them that their views would be well captured as the project was coming to their benefit. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS TO ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. In addition, he added that the area was clear of any encroachments as they had walked around with the chief to ensure that no one affected was being left out. MIN 3/8/2018: PROJECT POSITIVE IMPACTS The TAVEVO area representative appreciated the work that was being done by the consultant and emphasized that the project would really improve their existing distribution networks. This was also seconded by the area assistant chief. They both agreed that the project would bring positive impacts to the town once it was implemented. Generally, once it was implemented no negative impacts would rise since the area needed the water. Some of the general positive impacts identified after the project’s implementation would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Improved health and nutrition of Mwatungu people through consumption of treated safe water v. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions. The meeting agreed that The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line had been proposed from the hospital tank which very near the hospital hence could affect the patients. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: PLENARY DISCUSSION The below listed issued in Table 2 below were discussed with the stakeholders present at the plenary session. Table 2: Plenary Discussion during the Meeting Issues Discussion Way forward Position of the • The stakeholders raised an important issue The consultant was to proposed new regarding the flow of water by gravity. forward these tanks • Complaints majorly came from those living uphill recommendations and who had issues since they were not getting any deliberation to the team water and had to go for long distances down the hill involved. to fetch water for domestic use. • An elder even offered his piece of land which is uphill for this purpose and the assistant chief witnessed this. • It was agreed that the piece of land should be considered as a location for putting up a tank Water Toro Project • This came up during the meeting as a project which TAVEVO representative in wasn’t fully benefiting the village which was having the meeting confirmed in lots of water issues. the meeting that the issue • It was agreed that the locations of the tank should be will be addressed by the placed at a higher point in the village due to the water company. general topography of the area. • This was resolved as earlier indicated in the first issue. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Issues Discussion Way forward Employment • The assistant chief present asked the consultant if The office of the chief would opportunities the young men and women from the village would be be used to ensure that this given employment opportunities by the contractor would be achieved as he when the implementation phase reached. will be asked to provide any • She raised the issue after receiving many complaints youth that might need a job, of how her people were being left out of the ESIA has provided that development opportunities. the local community • All the stakeholders present confirmed this by asking members be given job that they be given work opportunities especially opportunities. those that didn’t need skills Transit town • The position of Mwatate town in Taita Taveta County The meeting was informed places it a very central and crucial connection the project will be properly between the towns of Voi, Wundanyi and Taveta. supervised by a resident • Due to this factor, the consultant was asked to take engineer who will enforce keen note and fast track the project when it came so project timelines. as not to derail any economic activities of the town MIN 4/3/2018: AOB All the stakeholders agreed in unison that the project would really benefit the targeted area as the population around was slowly increasing and getting safe water for domestic use was becoming a challenge. The last matter was a concern from the assistant chief that the parents were not being responsible for their children. This was making the village have many young men and women who were just idling at home. She encouraged the parents to give responsibilities to the youth especially farming as this would help out in many ways. There being no additional issues to discuss the forum adjourned at 11:00 am with a word of prayer from a village elder. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Photo plate: The assistant chief addressing the One of the elders raising a concern stakeholders A path where there is a proposed water main The attendants following the meeting augmentation and it passes in Wesu Forest MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MINUTES OF STAKEHOLDERS MEETINGS PUBLIC CONSULTATIVE MEETING FOR STAKEHOLDERS HELD BY THE CONSULTANT FOR CWWDA AND TAVEVO AT THE YOUTH OFFICE– NGARIGASHI LOCATION, LESSESIA SUB-LOCATION TAVETA TOWN on 31ST AUGUST 2018 TAITA TAVETA COUNTY MEMBERS PRESENT 1. Chief 2. Assistant chief 3. Village elders 4. Consultant representative 5. Stakeholders AGENDA 1. Environment Impacts 2. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 8:30am. She thanked all the attendees for coming Further she explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The issue of the low turnout was noted by the chief who said to make a further follow up on why the villagers weren’t attending meetings. The consultant representative thanked everyone for attending the forum and assured them that their views would be well captured as the project was coming to their benefit. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. In addition, he added that the area was clear of any encroachments as they had walked around with the chief to ensure that no one affected was being left out. MIN 3/8/2018: PROJECT POSITIVE IMPACTS The chief of the area appreciated the work that was being done by the consultant and emphasized that the project would really improve their existing distribution networks. This was also seconded by the area assistant chief. They both agreed that the project would bring positive impacts to the town once it was implemented. Generally, once it was implemented no negative impacts would rise since the area needed the water. Some of the general positive impacts identified after the project’s implementation would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education v. The value of the properties around would rise due to the availability of water. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions. The meeting agreed that the removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line was passing near the houses of people. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. This measure would be strictly adhered to ensure smooth implementation of the project. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: OPEN TRENCHES AND UNCOVERED EXCAVATIONS It was noted with serious concerns that this would become a safety matter during the project implementation period. The chief suggested that in case any open trenches were to be left overnight or any time of the day, warning signs must be provided to alert members of the public. The employment of safety marshals was also emphasized as a way of helping to guide the community on dangerous places with uncovered excavations. This was seconded by a resident who added that their children could get into accidents around the sites if proper warning signs aren’t put in place. MIN 9/8/2018: PLENARY DISCUSSION The below listed issued in table below were discussed with the stakeholders present at the plenary session. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Plenary Discussion during the Meeting issues Discussion Way forward Border town • The chief and other key stakeholders around The meeting was informed stressed the fact why they urgently needed the that it is because of the project to kick off immediately. problem of water shortage • The town was receiving very many visitors at a that this project has been go and the water insufficiency was really hurting initiated. the economy of the town. • Many businesses and homes had resorted to digging boreholes so as to be able to sustain the demand for water, and this was costly for business. • The project would therefore reduce the cost of running a business if it’s implemented. Capacity of the • This was argued against by most of the The meeting was informed California tank stakeholders present in the sense that currently that the design engineers the supply they were getting wasn’t enough have proposed bigger hence the need for the project. capacity tanks therefore • A proposal was put that before the piping could their concerns are start the proposed new tanks ought to be addressed constructed first or the capacity of California tank be increased. Employment • They asked if they could get opportunities for the The contractor will be opportunities youth around the area. obliged to hire local • The chief told the consultant that he was ready to community members, the work with his team to ensure that this was ESIA has provided for this. achieved without any hitches. • He advised the consultant to ensure that the contractor followed through with this commitment Population growth • This was identified as a major cause of the The meeting was informed and development of current water shortages in the area. that the design report has the border town • Taveta town was quickly taking shape and new considered population buildings were being put up very frequently growth of the area until the leading to urban development at a higher rate. year 2030 • The consultant was asked to consider this during planning of the proposed new lines in the area as other places like the new town also needed connections MIN 4/3/2018: AOB The water committee for the California area suggested if the route from the Lessesia tank could be changed so as they get water directly to their homes without fast passing to the other tanks. This they said would improve the time and frequency of supply of water to their homes. They also took the consultant around the area to confirm lack of encroachment along the proposed new lines. All the stakeholders agreed in unison that the project would really benefit the targeted area as the population and new developments were quickly building up since devolution of resources to the counties. The meeting was closed at 18:00 pm with a word of prayer from a village elder. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO Photo plate: The residents following keenly A question being asked by one of the residents The water committee chairperson consulting Part of the deliberations. with the residents MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs SUMMARY OF DISCUSSION WITH KEY INSTITUTIONS INSTITUTION ISSUES DISCUSSED TAVEVO – Technical • He welcomed the consultant team in Voi Town and TAVEVO Water Manager and Sanitation Company in general • That he will assign the team with a technical team person who will accompany the consultant’s team to the field • The proposed new distribution lines would greatly improve the existing water networks. • Finally, co-operation in any way will be provided to the consultant if required especially with organizing of the public meetings. TAVEVO- Assistant • He also welcomed the consultant’s representative in Voi Town and Technical Manager generally TAVEVO supply area • That the project would great improve the supply and distribution network within the selected towns • His cooperation whenever needed would be provided, especially in contacting the branch managers of Mwatate, Wundanyi and Taveta Towns. • The need of public participation to sensitize the people about the incoming projects around the areas of residence • He appreciated the fact that the designs were mainly proposed along the road reserves and hence the reduction of resettlement action plan issues was appreciated. TAVEVO- Ag Branch • Her office would work with the consultant hand in hand to ensure Manager Mwatate successful implementation • They would accompany the team to the field to get a feel of the area. • The new hospital tank currently is not serving the needs of the Mwatate people; a request to increase its capacity was made as new additional lines needed new or boosted supply. • Some areas should also be considered in the immediate phase of 2020, the area mentioned was specifically Kitivo Primary School and its surroundings Chief- Mwachabo • The area chief welcomed the consultant to the location and wanted to Location be given an overview of the consultant’s scope of work. • The chief advised the consultant to involve village elders to walk along the proposed lines so that they have the full picture • He also requested that when the project implementation phase came through the locals should be considered first in employment opportunities • That currently his area was facing lots of water shortages and something needed to be done, by this he appreciated the project TAVEVO- Branch • He received and welcomed the consultant’s team Manager Wundanyi • That currently the town needed their supply boosted and due to this the project would be welcomed. • His concerns were about the Kungu tank which he felt was not serving to its full capacity due to its location. The tank needed to be moved to a higher ground where the water would flow through gravity and serve lots of the people. • Another issue was also about Wesu Treatment Works; the facility currently was functioning well but was prone to breakdowns due to its age. In addition, if pumping system was introduced instead of using gravity the water would reach more residents. Assistant Chief- • The chief welcomed the consultant’s team to the area. Shiaimaro • That they would support the project as an office. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO INSTITUTION ISSUES DISCUSSED • He also advised that the people needed to be educated about the intended project and how it would impact their lives. • Any working opportunities should be given to the locals around the area. Assistant Chief – • She welcomed the team to their office and appreciated that her area Wundanyi was targeted by the project. • The need for a public participation with the key stakeholders was necessary for the project to succeed. • She would help organize for the meeting when the time came. • Job opportunities during the project should be given to the people within her sub location as currently unemployment was a big issue around • She also appreciated the fact that the proposed lines were placed along existing road reserves and that there would be minimal damages. • She would support the project and educate her people more about the benefits. Assistant Chief – • The chief also supported the sentiments by his colleagues that the Sungululu project would be welcomed in the area. • Water supply needed to be boosted to help the residents as currently a huge number was not getting sufficient water. • They would tell the people about the incoming project TAVEVO- Branch • The area manager gave the team a warm welcome Manager Taveta • Her main issue was about the size of the California tank which was small as per the needs of the area. • Due to population growth of the area and the improved facilities in Taveta town, the capacity of the existing tanks was very small hence the proposed new tanks needed to be built fast before new distribution lines were laid. • He welcomed the project in her area and pledged support once the ground work begun Chief - Taveta • The chief received the consultant’s team in Taveta town • He assured the team that his assistant in charge of the targeted location will be there to help organize for a public forum with the people to benefit from the project • In addition, he will be sensitizing people of the intended project as the area greatly needed the water Assistant Chief – • The assistant chief promised to call all the relevant stakeholders for a Lessesia forum where they would tell the consultant their issues with water. • She also advised the consultant to walk around with an elder of the area so as to know all the proposed routes. • That generally the people in her sub-location needed better supply of water, and she appreciated the project. • She will cooperate with the team to ensure the project goes through. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Attendance List to Meetings MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR TAVEVO MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs APPENDIX 2 CHANCE FIND PROCEDURES MIBP ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT PROJECT REPORT (ESIA) FOR IMPROVEMENT OF WATER DISTRIBUTION NETWORK WITHIN (TAVEVO) JURISDICTION TAVEVO PROJECT AREA Policy and Legal Provision National Museums and Heritage Act 2006 laws of Kenya provides for; ‘if you believe that you may have encountered any archaeological materials or any material national importance stop work in the area and follow the procedure box below’ Chance Find Procedures (i) All construction activity in the vicinity of the remains is to cease immediately. (ii) The Supervising engineer or Environment Officer shall contact Kenya National Museums Immediately Public relations: E-mail: publicrelations@museums.or.ke Director General: - Email: dg@museums.or.ke Fax: +254 -20-3741424 Tel: +254-20-8164134/35/36 (iii) The find location will be recorded and all remains will be left in place. (iv) Potential significance of the remains will be assessed and mitigative options will be identified. (v) If the significance of the remains is judged to be sufficient to warrant further action and they cannot be avoided, then the Director of Kenya National Museums will determine the appropriate course of action (vi) In the case of human remains, if the remains are assessed to be archaeological, then Director of Kenya National Museums will determine how to handle them. (vii) Options could include avoidance or respectful removal and reburial. (viii) If human remains are encountered and they are not archaeological, then Taita Taveta County Government will be contacted immediately for appropriate reburial. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs APPENDIX 3 ABSTRACT ON ASBESTOS CEMENT WATER PIPELINE HEALTH RISK MIBP ABSTRACT ASBESTOS CEMENT DRINKING WATER PIPES AND POSSIBLE HEALTH RISKS REVIEW Introduction Asbestos cement pipes have been widely used in many countries for many years, although installation of new asbestos cement water pipes has declined significantly over the past 10 years because of difficulties in handling, public perception and the availability of better materials (HDPE pipes). The health effects resulting from chronic inhalation of asbestos dusts are well established and include asbestosis and mesothelioma, a highly characteristic cancer of the lung. There is a very good qualitative understanding of the effects of inhaled asbestos fibres and the physical characteristics of the fibres are considered to be very important in determining their ability to cause disease. Concern that ingested asbestos fibres could also lead to possible health effects has resulted in this topic having been widely studied by both epidemiology and by studies in laboratory animals. Occurrence of asbestos fibres in drinking water Measurement of asbestos fibres in food and water is extremely difficult and requires the use of highly specialised techniques involving electron microscopy. Analysis for asbestos fibres in drinking water is not, therefore, carried out on a routine basis. However, research has indicated that most waters, whether or not distributed through asbestos cement pipes, contain asbestos fibres. Asbestos cement pipes do give rise to an increase in the numbers of asbestos fibres in drinking water in some circumstances (Chatfield and Dillon 1979, Webber et al 1989 Millette et al 1983, Conway and Lacey 1984), although studies from Italy showed that the numbers of fibres in water passing through asbestos cement pipes was apparently independent of the aggressiveness of the water. This was considered to be due to inorganic deposits and organic slimes on the surface of the pipes that acted as a physical barrier to fibres entering the water. The Italian studies also indicated that the highest number of fibres appeared just after the installation of new pipes, but this decreased rapidly. As indicated above, the physical characteristics, including fibre dimensions and surface properties, are an important factor in the pathogenicity of asbestos. In general, the fibres that are considered to be of significantly greater risk are long thin fibres of greater than 8 mm length and less than 1.5 mm in diameter. In the WRC studies, the fibre size was predominantly less than 5 mm in length and that only one of 13 drinking water sites showed greater than 1 million fibres per litre. Epidemiological Studies The findings in the ESIA on health risks associated with Asbestos Cement Drinking Water Pipes and Possible Health Risks have discussed in reference to empirical research work done by John K Fawell (2002). The abstract from the research is para phrased below. “The World Health Organisation considered asbestos in drinking water arising from asbestos cement pipe in their 1993 edition of the Guidelines for Drinking Water Quality. The guidelines state “Although well studied, there has been little convincing evidence of the carcinogenicity of ingested asbestos in epidemiological studies of populations with drinking water supplies containing high concentrations of asbestos. Moreover, in extensive studies in laboratory species, asbestos has not consistently increased the incidence of tumours of the gastrointestinal tract. There is therefore no consistent evidence that ingested asbestos is hazardous to health and thus it was concluded that MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs there was no need to establish a health-based guideline value for asbestos in drinking water”. The assessment also referred to other epidemiological studies carried that clarify possible health risks associated with asbestos cement drinking water pipelines and possible health risks are summarized below 1. Studies carried out in the San Francisco Bay area of California found some positive associations with gastrointestinal, peritoneal and lung cancer (Kanarek et al 1980) and a follow up study by Conforti et al (1981) found a significant excess of colon cancers in males and peritoneal cancers in females. There were, however, a number of serious flaws in these studies, not least of which was inappropriate statistical analysis and the fact that population mobility in the area was particularly high, so there was considerable uncertainty regarding the exposure period. There was also a lack of control for several important confounding variables. 2. A study in Quebec (Wigle 1977, Toft et al 1984) found that in areas of very high drinking water asbestos, there was an increase in overall cancer mortality in men, slight increases in stomach cancer in men and pancreatic cancer in women but no excess of overall cancers of the gastrointestinal tract. The authors concluded that the excess in males was probably due to occupational exposure. There were a number of flaws due to the lack of control for a significant number of confounding variables. 3. Epidemiological studies were also carried out in two areas where asbestos cement pipes had been extensively used. In Connecticut, studies by Harrington et al (1978) and Meigs et al (1980) found no consistent patterns of cancer associated with ingestion of asbestos from drinking water. However, there were limitations to both studies. 4. In Florida, a study in Escambia County by Millette et al (1983) concluded that there was no observed association between asbestos cement pipe and cancer mortality but noted that the study would not be sufficiently large to identify small changes. 5. In Washington State there have been studies of the impact of naturally occurring asbestos fibres in drinking water in the Puget Sound area. The first by Polissar et al (1982) found consistent associations with cancer of the small intestine but these were not statistically significant. A number of other positive and negative associations were also observed but none of these was consistent throughout the study groups. 6. In 1984, Polissar et al published a case control study as a follow up to the original ecological study. This second study was more sensitive than the ecological studies and was considered to be the best study to date. This found no consistent evidence of an increased risk of cancer from ingestion of asbestos fibres in drinking water. Provisions of Good Practice Note: Asbestos: Occupational and Community Health Issues of the World Bank The note provided that good practice is to minimize the health risks associated with Asbestos Cement Material (ACM) for water pipes by avoiding their use in new construction and renovation, and, if installed asbestos-containing materials are encountered, by using internationally recognized standards and best practices including Kenya’s Water Quality Regulations of 2006 as listed below their impacts should be mitigated. 1. ISO 10312 (1995): Ambient air -- Determination of asbestos fibres -- Direct transfer transmission electron microscopy method 2. ISO 13794 (1999): Ambient air – Determination of asbestos fibres – Indirect-transfer transmission electron microscopy method. 3. ISO/FDIS 16000-7: Indoor air – Part 7: Sampling strategy for determination of airborne asbestos fibre concentrations. MIBP 4. ISO 8672: Air quality -- Determination of the number concentration of airborne inorganic fibres by phase contrast optical microscopy -- Membrane filter method 5. Kenya’s EMCA 2015: Waste Management Regulations, 2006 (Fourth Schedule Y36 Wastes containing asbestos in the form of dust or fibres) 6. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The World Bank Good Practice Note on Asbestos refers to Health hazards from breathing asbestos dust include asbestosis, a lung scarring disease, and various forms of cancer (including lung cancer and mesothelioma of the pleura and peritoneum). These diseases usually arise decades after the onset of asbestos exposure. Mesothelioma, a signal tumor for asbestos exposure, occurs among workers’ family members from dust on the workers’ clothes and among neighbours of asbestos air pollution point sources. Some experimental animal studies show that high inhalation exposures to all forms of asbestos for only hours can cause cancer. Very high levels of airborne asbestos have been recorded where power tools are used to cut A-C products and grind brake shoes. Mitigation against Risk Associated with exposure to Asbestos fibre / dust Therefore, with an understanding as per the analysis (above) and as provided by the International Labor Organization (ILO) that established an Asbestos Convention (C162) in 1986 to promote national laws and regulations for the “prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Project may involve interaction with old Asbestos Cement (AC) Mains. To mitigate Environmental Health and Safety issues associated with handling and disposal of AC Mains and given the absence of a licensed asbestos disposal site nearby, the mains will be decommissioned and left below the ground where encountered. In the event handling, decommissioning and disposal has to be carried out, the following mitigation measures shall be implemented within the Project Area: 1. Proper mapping of existing asbestos cement pipes as provided in the layout plans in the Project Design Report. A work plan will be developed prior to demolition work, to protect workers as well as the general community and provide for proper waste disposal. This will be guided by a detailed risk assessment to be conducted by a duly registered occupational safety and health advisor, as per the OSHA (2007) and NEMA (2013) Guidelines in safe management and disposal of asbestos, to be retained on site by the contractor before commencing works and during the works along the affected pipeline sections. 2. Filing Notification to NEMA as per the NEMA notification from (providing information on the location, condition of the materials, estimated the quantities involved, the quantities to be disposed etc.) 3. Asbestos Cement Material (ACM) should be transported in leak-tight containers to a secure landfill operated in a manner that precludes air and water contamination that could result from ruptured containers. The waste will be disposed appropriately by a licensed NEMA hazardous waste handler 4. Protection from “retaliatory and disciplinary measures” of workers who remove themselves from work because they believe ACM poses a danger to their health 5. Provision of appropriate Personal Protective Equipment (PPEs) for workers 6. Provision of adequate changing rooms on site and at campsite and wash facilities to prevent dust from being carried to homes MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs 7. Training of workers about the health hazards of ACM to themselves and their families. The training shall further involve inspections, maintenance, removal, or laboratory analysis of waste material 8. Periodic medical examination of workers during the contract period as per the OSHA (Medical Examination) Rules, 2005 9. Periodic air monitoring of the work environment with records filed at the local NEMA office in Wundanyi Further, the National guidelines on safe management and disposal of asbestos by National Environment Management Authority (NEMA) 2013 also provide measures for safe handling and storage of asbestos material as summarized below. Removal of asbestos shall adhere to the listed provisions below. 1. Secure the site to prevent unauthorized persons and to restrict movement 2. Wet the asbestos sheets before removal. If asbestos sheets should begin to crack or crumble, immediately wet the cracked or broken areas with the pintsize spray bottle or garden pump sprayer. NB. Breakage releases asbestos fibres. 3. Remove pieces of asbestos sheets by pulling any fasteners (nails, screws, rivets) or cutting fastener heads so as to minimize breakage. If necessary, carefully lift asbestos sheets with pry tools to expose the fasteners’ heads. 4. Do not slide asbestos sheet over each other. 5. Carefully lower removed asbestos sheets to the ground. Do not throw or drop it. 6. Care should be taken not to stand or sit on the asbestos sheets to avoid breakage. 7. The workers removing the asbestos must have the appropriate Personal protective equipment as defined in the NEMA guidelines (including: Respirators, coverall, eye protection and rubber boots) which must be removed as they enter the shower room immediately after removal of the asbestos Temporary Storage of asbestos shall adhere to the listed provisions below 1. Temporary storage refers to the time between removal and final disposal of asbestos waste. 2. The duration for temporary storage of asbestos waste should not exceed thirty (30) days from the time of removal. 3. The temporary site should be within the premises where the asbestos is being removed. 4. The removed bulky asbestos, such as roofing sheets, beams, joists, and studs, should be stacked and wrapped, into stacks which can be easily loaded into the transportation vessel, in a plastic sheet of a minimum of 500 gauge double wrapped and secured with tape and labeled 5. Any debris (broken pieces) should be collected in a sealed polythene woven bag or any other air tight container. The bags should then be wrapped, into stacks which can be easily loaded into the transportation vessel, in a polythene sheet awaiting final disposal. 6. The bags should be considered full when half full and should be tightly sealed or when filled up to a level where the open neck can be twisted tightly, folded over into a "gooseneck," and the ends sealed to the side of the bag with heavy plastic tape such as duct tape. 7. Care should be taken to ensure that sharp pieces do not puncher the bags/ wrappers Removed asbestos sheets should not be allowed to lie about the site where they may be further broken or crashed by machinery or site traffic. 8. The storage area must have restricted entrance and locked or secured on a 24-hour basis. 9. Warning label (“Asbestos hazard area, keep out”) and danger signs should be affixed to each wrapped stack or storage area using English, Swahili and Local language 10. The contractor shall maintain Asbestos waste tracking documents as per the EMC (Waste Management) Regulations MIBP APPENDIX 4 ENVIRONMENT AND SOCIAL SCREENING CHECKLIST MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs APPENDIX 5 GRIEVANCE REDRESS MECHANISM MIBP GRIEVANCE REDRESS MANAGEMENT PLAN This ESIA provides for a Grievance redress mechanisms (GRM) includes instruments, methods, and processes by which a resolution to a grievance is sought and provided. The processes are as shown below. (i) Local Residents Complaints Procedure The purpose and scope of local resident’s complaints procedure is to ensure all complain ts from local residents are dealt with appropriately with corrective actions being implemented and the complainant being informed of the outcome. It will be applicable to all complaints received from any local within the project area. The contractor will employ a Community Liaison Officer and or sociologist who will be responsible for collating written complaints and co-coordinating responses to all complaints. (ii) Procedure All complaints shall be handled in accordance with the flowchart in below. Both verbal and written complaints are to be entered a Grievance Complaint Log When receiving a complaint all employees shall refer the complainant to the Community Liaison Officer (CLO) or the resident engineer. The person receiving a complaint shall ensure that the Grievance Complaint Log is completed. The form shall then be forwarded to the Community Liaison Officer who will assign it a number. The Community Liaison Officer shall ensure that all actions are made to close out the complaint. (iii) Grievance Complaint Log Ensures that each complaint has an individual number and that tracking and recording actions are carried out. It also records who is responsible for an individual complaint and records dates for the following actions: • Date the complaint was reported; • Information on proposed corrective action sent to complainant (if appropriate); • The date the complaint was closed out; and • Date response sent to complainant. (iv) Responding to a Complaint All complaints shall be responded to in writing, though a verbal response will be provided as well if this is more appropriate in the circumstances (e.g., where the complainant cannot read). All complaints must be responded to within two weeks of being received, even if the response is just a summary of what is planned and when it is likely to be implemented. Further correspondence should be given once the complaint is closed out. (v) Monitoring Complaints The CLO through the contractor will be responsible for providing a Monthly report detailing the level of complaints and any outstanding issues to be addressed. Monthly reports will include analysis of the type of complaints, levels of complaints and action taken to reduce complaints. The CLO shall file all documentation related to complaints in a file in his office. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs Grievance Resolution Flow Chart Stakeholder Engagement Plan (SEP) Environmental & Social Impact Assessment Report Complaint Received Record date on (verbally or writing) the Complaint Log Close out of Complaint Complete Complaint Action Form Complete Immediate Action Section (if Appropriate) and assign responsibility YES NO Immediate action enough to satisfy complaint Establish long-term corrective action Establish follow-up details Inform complainant (if appropriate) of Record date on the proposed corrective action the Complaint Log Implement the corrective action Carry out follow-up of the Record date on corrective action the Complaint Log YES NO Corrective action satisfies the complaint Inform complainant of Record date on corrective action the Complaint Log MIBP APPENDIX 6 LEAD EXPERT LICENSE 2019 MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP TAVEVO ESIA - and Tender Documents for Water Distribution Works for APPENDICES Mombasa and 3WSPs MIBP