REPUBLIC OF KENYA COUNTY GOVERNMENT OF TAITA TAVETA TAVEVO WATER AND SEWERAGE COMPANY LIMITED MINISTRY OF WATER & SANITATION AND IRRIGATION PROJECT NAME: WATER AND SANITATION DEVELOPMENT PROJECT (WSDP) CREDIT NO.: 60300-KE EMPLOYER: TAVEVO WATER AND SEWERAGE COMPANY LIMITED ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT PROJECT REPORT FOR PROPOSED CONSTRUCTION OF 6NO. ABLUTION BLOCKS UNDER TAVEVO IN TAITA TAVETA COUNTY FEBRUARY 2021 Zamconsult Consulting Engineers Ltd. This ESIA was Prepared under the Contract Below: CONSULTING SERVICES FOR PREPARATION OF ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORTS, RESETTLEMENT ACTION PLANS (RAPS) AND SOCIAL ASSESSMENTS FOR WSDP CONTRACTS Works carried out under CONTRACT No.: CWSB/WASSIP-AF/C/35/2016 Report Prepared by: Zamconsult Consulting Engineers Ltd FEBRUARY 2021 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County ii Zamconsult Consulting Engineers Ltd. ESIA EXECUTIVE SUMMARY Project Background The Government of Kenya (GoK) through the Ministry of Water & Sanitation and Irrigation (MoWSI) has received “credit” from International Development Association (IDA) to undertake the Wastewater Master Plan for Mombasa and Selected Towns within the Coast Region. The Government of Kenya, through its implementing agency, Coast Water Works Development Agency (CWWDA), formerly the Coast Water Services Board (CWSB), shall require the Consultant to render all technical support services regarding the Environmental and Social Impact Assessment as well as the Resettlement Action Plan for the above project. The key objective of the proposed Wastewater Master Plan for Voi and Taveta Towns is to come up with a phased investment programme for Immediate / Short Term Plan (2015 – 2020), Medium Term Plan (2021 – 2025), Long Term Plan (2026 – 2040) and recommend a treated effluent disposal/reuse strategy for the effluent in Taita Taveta County. The broad scope of the work is to carry out Environment and Social Impact Assessment, Resettlement Action Plan of the proposed Voi Sanitation Subprojects (4No. Ablution Blocks) as well as Taveta Sanitation Subprojects (2No. Ablution Blocks) based on the Government of Kenya regulations and the World Bank Safeguards Operational policies, an assessment of positive and negative impacts of the sub projects and prepare Environmental and Social Management Plan (ESMP) for this subproject. This report covers the Environmental and Social Impact Assessment of the Proposed Construction of 6No. ablution blocks (1No at Maungu, 2 No in Voi town, 1No at Wundanyi and 2no at Taveta town) in Taita Taveta County. All the ablution blocks are proposed to be located on public land under the Taita Taveta county government (See appendix D). The proposed parcels have not been encroached by any activities and therefore, no any form of displacement is envisaged. The strategic importance of this project lies in the need for overall improved sanitation in the ballooning population of the urban areas such as Voi, Maungu, Taveta, and Wundanyi Towns. There is a significant rise in the rural – urban migration. The areas near the proposed sites for the ablution block projects are generally public areas where a myriad of activities are constantly being carried out. The main beneficiaries of the ablution block projects will be: - • The general public attending public functions at some of the mentioned locations. • Traders and customers who come from various areas hence are hampered from utilizing their personal facilities. • Commuters and bus/matatu operators near bus bays. • The local community running the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County iii Zamconsult Consulting Engineers Ltd. N.B: The review of this ESIA is undertaken during the Coronavirus disease (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 E&S issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. Need for the Project and ESIA The project objective is to improve the public sanitation infrastructure within Taita Taveta County. The use of on-plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. Such waste ends up in the environment hence affecting the terrestrial and marine lives. Study Method The study approach and methodology adopted included screening to determine the extent of the project and desktop data search and analysis for the baseline bio-physical and social environmental parameters of the project area. In addition, the consultant worked with the project design group and was briefed and obtained design approaches to be used which informed the requirements of the environmental reporting process and for which excerpts have been obtained on salient design information. The Consultant engaged on multi-faceted public consultation process which included ad hoc household social and environmental surveys using structured questionnaires duly analysed and key informant interviews to institutions and lead agencies and public consultation meetings. Based on these findings and expert judgement, the consultant has compiled the projected social and environmental impacts (positive and negative) likely to emanate from proposed project activities and the Environmental and Social Management Plan (ESMP) which details how adverse impacts will be reduced or eliminated and by whom. Legislative Framework for this Study The principal National legislation governing issues of environmental concern in Kenya is the Environmental Management & Coordination (Amended) Act of 2015 typically referred to as EMCA. EMCA calls for Environmental Impact assessment (EIA) (under Section 58) to guide the implementation of environmentally sound decisions and empowers stakeholders to participate in sustainable management of the natural resources. Projects likely to cause environmental impacts require that an environmental impact assessment study to be carried out. It is under this provision that the current study has been undertaken. Other legislation adhered to during this study are the regulations borne of EMCA Cap 387 namely the Environmental Impact Assessment and Audit Regulations 2003; The Environmental Management Coordination Act (Waste Management) Regulations 2006; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County iv Zamconsult Consulting Engineers Ltd. the Environmental Management Coordination (Water Quality) Regulations 2006; and the Environmental Management and Coordination (Noise and Excessive vibration pollution Control) Regulations2009 (Legal Notice 61), Air quality Regulations 2009 among others. Sectoral legislation applicable to this Project include the Water Act (2016), the Constitution, The Public Health Act (CAP. 242), among others. In addition to the local legislation, the Consultant identified the various World Bank operational policies relevant to the project. These policies include Operational Policy (OP) 4.01, as well as the World Bank Policy on Access to Information, 2010. Conclusions from Public Consultation Part of the ESIA process includes conducting public consultation with the local community within the project area. The Consultant conducted 2 types of meetings: i. High level meetings with the Client, Local Administrative leaders, political representatives and TAVEVO ii. Low level meeting in an open public forum within the proposed project area. During these meetings, it was apparent that the area was in dire need of the proposed sanitation facilities. In addition, the area lacks enough ablution blocks as well as a wastewater management plan. The stakeholders affirmed that the project would reduce the burden on the environment where people openly dump their wastewater hence affecting both marine and terrestrial environments. Expected impacts The expected impacts emanate from the Planning phase, the Construction Phase, the Operation phase and the De-commissioning Phase of the project. In general, successful implementation of the project will have high environmental and socioeconomic benefits to the people and will contribute to their health and well-being. Overall, negative expected impacts are related to the planning and construction activities of the project. These impacts are localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the construction and operation activities adhere to the proper construction and operation standards specified by the design and supervision engineers. The positive benefits of the project will include: i. Employment during construction ii. Improved supply of sanitation services iii. Overall improvement in hygiene The major negative impacts of the project will be felt during the planning, construction, operation and decommissioning of the project and include: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County v Zamconsult Consulting Engineers Ltd. i. Site Related Oil Spills ii. Soil Related Impacts iii. Impact on Water Resources Biophysical Impacts iv. Air Quality v. Noise Pollution vi. Impact on flora and fauna vii. Generation of solid waste viii. Traffic Congestion Socio-Economic Impacts ix. Public Health & Safety x. HIV & AIDS Impacts xi. Spread of COVID -19 among workers Social Impacts xii. Spread of COVID - 19 among community members during consultations xiii. Gender empowerment xiv. Sexual Exploitation and Abuse xv. Gender Based Violence xvi. Sexual Harassment xvii. Service Delivery Impacts xviii. Crime Management xix. Child Labour and Protection xx. Gender Equity, Sexual Harassment xxi. Liability for loss of life, injury or damage to private property xxii. Decommissioning of the Contractor’s camp ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) This was prepared to reduce, minimize or altogether eliminate the adverse impacts. Positive impacts are project enhancements and do not require mitigation. The ESMP is fully described in chapter 8 of this report, however the table below presents the identified environmental and social impacts, their mitigation measures and the party responsible for carrying out the mitigation measures, in summary. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County vi Table 0-1: The Proposed Environmental and Social Management Plan (ESMP) for the Ablution Blocks Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Pre- Spread of Covid- • The Contractors will develop standard operating TAVEVO/County 350,000.00 per site to cater construction/ 19 within the procedures (SOPs) for managing the spread of Government/Contractor/Su for supply of PPEs, sanitisers Planning/Con project sites. Covid-19 during project execution and submit pervising Engineer/ Public and soaps for hand washing struction them for the approval of the Supervision Health Department and rapid Covid-19 Engineer and the Client, before mobilizing to site. screening devices. 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 required for all project personnel including workers and visitors; • Avoid concentrating more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing of at least 2 meters; • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for Ccovid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Pre- Spread of COVID- • Electronic means of consulting stakeholders and Tavevo/County 150,000.00 for construction/ 19 amongst holding meetings, shall be encouraged, whenever Government/Contractor/Su dissemination of Planning/Con community feasible. One-on-one engagements for the PAPs pervising Engineer/Public information on radio, struction members during while observing social distance and adhering to Health Department newspapers etc. consultation PPE wearing shall be enforced; • Avoid concentrating more than 15 community Communication processes members at one location. Where more than one /Stakeholder engagent person is are gathered, maintain social distancing Expert 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. • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. • Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County viii Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Increased Traffic Provision temporary road signs or notices to indicate Contractor supervised by 300,000.00 broken down as hence Congestion ongoing works. the Resident Engineer follows: 2 traffic signs per site to inform the public and Effecting traffic controls to avoid congestion and control traffic @ 20,000; 2 accidents on roads. banksmen per site to direct Choosing suitable traffic routes/diversions to reduce traffic within site & in the the impact in the neighbourhood. diversions: 15,000 p.m for 6 months Construction Ambient air Use Respiratory Protective Equipment (RPE) like Contractor 100,000.00 per site to cater quality masks on construction crew and all visitors to the site. for dust masks for the whole Resident Engineer project period for all site Use equipment fitted with water suppression to users. minimize the amount of dust. Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew. All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County ix Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Site Related Oil The Contractor should ensure that the employees on Contractor 250,000.00: 200,000 to Spills site are aware of the company procedures for dealing cater for the safety training with spills and leaks e.g. using dispersants or adding Resident Engineer seminars throughout the biological agents to speed up the oil breakdown for project period (2 training the construction machinery though induction and seminars each costing safety training (the contractor will propose a method 100,000); 50,000 for of clean-up which will be subject to approval); purchase of dispersants. All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; Construction Soil Related The valuable top soil containing organic material, Contractor No additional cost. Impacts nutrients as well as seeds and the soil fauna should be excavated separately and piled in an adequate manner Resident Engineers for re-use where applicable. Plan emergency response measures in case of accidental oil spills. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly Contractor, Costs included in solid and resources from the construction camps, sites and offices. liquid waste management Resident Engineer below. Ensure proper measures are in place for collection County Water Officer and disposal of spilled oils and lubricants. Construction Noise and Contractor to agree noise limits/ noise control Contractor No additional Costs vibrations stations with NEMA and obtain a Construction Noise Resident Engineer Permit prior to the commencement of construction work. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County x Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time Contractor to prepare for approval by TAVEVO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. To the extent possible, heavy vehicles and equipment should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Public & Ensure consistent use of PPE by workforce. The Contractor Toolbox meetings and Occupational contractor should commit himself to strict awareness trainings shall be Resident Engineer Safety & Health implementation of OSHA regulations during included in the safety construction and operations. TAVEVO trainings listed above. 180,000.00 for personal Ensure the installation of barriers like fences around protective equipment per active sites and other locations to prevent access to site - 20 pieces at an average facilities by unauthorized persons. of 9,000.00 per person Provision of PPE. broken down as follows: safety boots – 4,000.00; Helmet – 1000.00; Reflector Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xi Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact The workers should receive requisite training jackets – 400.00; Gloves – especially on the operation of the machinery and 600.00; Overalls – 3,000.00. equipment There should be adequate warning and directional signs. Ensuring that the prepared code of conduct for staff is followed to prevent accidents. Develop a site safety action plan detailing safety equipment to be used, emergency procedures, restriction on site, frequency and personnel responsible for safety inspections and controls. Cordon off unsafe areas Provide first Aid kit within the construction site. Construction Liability for loss Recording of all injuries that occur on site in the Contractor No additional Costs. of life, injury or incident register, corrective actions for their Resident Engineer Compensation to be damage to prevention are instigated as appropriate. determined when it happens. private property Contractor to ensure compliance with the Workmen's Compensation Act, ordinance regulations and union agreements. The Contractor to repair any damage done to private property. Construction HIV & AIDS Sensitize workers and the surrounding communities Contractor 200,000.00 per site to cater Impacts on awareness, prevention and management of for a comprehensive Resident Engineer HIV/AIDS through staff training, awareness awareness program Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xii Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact campaigns, multimedia and workshops or during The County Government including VCT services and community Barazas. Provide information, education provision for ARVs TAVEVO and communication. throughout the project period. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members Construction Socio-economic Unskilled and skilled (if available) labour to be hired Contractor No additional cost impacts from the local population as far as possible to Resident Engineer minimize on influx of non-residents into the community. Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through staff training, awareness campaigns, multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xiii Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact The Contractor should enforce and maintain a code of conduct for his employees Construction Child Labour and Ensure no children are employed on site in Contractor No additional Costs Protection accordance with the law Resident Engineer Ensure that any child sexual relations offenses among Local Administration contractors' workers are promptly reported to the police Construction Gender Equity, The works contractor should be required, under its Contractor No additional cost Sexual contract, to prepare and enforce a No Sexual Resident Engineer Harassment Harassment and Non-Discrimination Policy, in accordance with national law where applicable. Local Administration Grievance redress mechanisms including non- retaliation. The contractor should prepare and implement a gender action plan, Construction Gender Ensure equitable distribution of employment The contractor 200,000.00 per site to cater empowerment opportunities between men and women for hiring male and female The Resident Engineer mobile toilets at the Provide temporary toilets and bathrooms for both contractor’s camp. male and female workers on site Construction Sexual • Develop and implement an SEA action plan with Contractor 50,000.00 per site to cater Exploitation and an Accountability and Response Framework as for community and Abuse (SEA) part of the ESMP. The SEA action plan will follow Resident Engineer stakeholder engagements guidance on the World Bank’s Good Practice Note TAVEVO and sensitisation forums for Addressing Gender-based Violence in Investment Project Financing. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xiv Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • The SEA action plan will include how the project Taita Taveta County will ensure necessary steps are in place for: Government o Prevention of SEA: including CoCs and GBV Expert ongoing sensitization of staff on Local NGO/CBO 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 IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; . Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xv Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact 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. Gender-based • The contractor will implement provisions that Contractor 50,000.00 per site for violence (GBV) at ensure that gender-based violence at the community and community level community level is not triggered by the Project, Resident Engineer stakeholder engagements including: TAVEVO and sensitisation forums o effective and on-going community Taita Taveta County engagement and consultation, particularly Government with women and girls; GBV Expert o review of specific project components that Local NGO/CBO are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc. . The contractor will ensure adequate referral Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xvi Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Resident Engineer Initiative) to provide security within the site in addition to the Contractor’s own security. Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xvii Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the offense, location, date, time, and all other pertinent details. Construction Generation of Sorting of all wastes collected by the dustbins before TAVEVO 75,000.00 per site to cater solid and liquid transporting to the relevant facilities. for solid waste management Contractor waste such as colour coded bins Continuous removal of solid waste to prevent (red-hazardous, yellow- overloading of the drainage system to ensure its recyclable & green-organic); efficiency as well as sealed collection All transporters used should have a license from drums for used oil disposal. NEMA. Operation Generation of Sorting of all wastes collected by the dustbins before TAVEVO 50,000.00 per site to cater solid waste transporting to the relevant facilities. for the capital of acquiring Contractor dustbins to be used during Continuous removal of solid waste to prevent the operation period of the overloading of the drainage system to ensure its project. Other costs to be efficiency included in the O&M Manual. All transporters used should have a license from NEMA. Operation Air Quality Provide adequate framework for disposal of septic TAVEVO No additional Cost waste from ablution blocks. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xviii Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Operation Community and TAVEVO to establish and enforce standard operating Tavevo No additional cost occupational procedures and guidelines with mainstreamed safety safety and health and health protection measures Provide and Ensure consistent use of PPE by workforce. The operation personnel shall commit to strict implementation of OSHA regulations during operations. Ensure barriers like fences around the sites and other locations are in sound state to prevent access to facilities by unauthorized persons. Provision of PPE to facility operators and maintenance personnel. The operators should receive requisite training especially on the operation of the ablution blocks. There should be adequate warning and directional signs on hazardous areas and equipment. Develop a site safety action plan detailing safety equipment to be used, emergency procedures, restriction on site, frequency and personnel responsible for safety inspections and controls. Cordon off unsafe areas Provide adequately stocked first Aid kit within the facility and have some attendants trained on basic Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xix Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact first aid administration in line with OSHA requirements. Conduct regular medical checks for the O&M personnel and cleaners in line with the OSHA Medical Examination Rules The estimated cost for implementing the ESMP during construction is Kshs. 1,955,000.00 (one million, nine hundred and fifty-five thousand Kenya Shillings) per ablution site. In total, the 6 ablution sites for Taita Taveta will require approximately Kes. 11,730,000.00 (Eleven Million, Seven Hundred and Thirty Thousand Kenya Shillings). In addition, it is anticipated that the contractor will require to establish camps that will include: office space, workshops, stores and vehicle parking among other uses. The camp sites are bound to have high human activity and use and servicing of machinery. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xx The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Table 0-3: Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water and Will be an overall implementing agency. Sanitation Central agency responsible for holding all information on the ESIA and RAP. Mobilization of financial resources from Government/ County Governments. TAVEVO Responsible for contracting the works, and supervising and managing the contractor under the project Responsible for day to day coordination and implementation of the project. Oversee the contractor’s work Assist in the establishment of the GRCs and Site Office Committee. Establish the GRCs and Site Office Committee operations. Ensure the grievance committees are established and working. Monitor the Construction Phase ESMP implementation by the contractor. Responsible for operation phase ESMP NEMA Review ESIA report and provide EIA license for the project. Escalate unsolvable grievances to the tribunal. Site Office Committee Ensure effective flow of information between the Contractor and public Coordinate GRCs and assist in resolution of escalated grievances Coordinate activities between the various institutional stakeholders and the general public. Zamconsult Consulting Engineers Ltd. Conducting extensive public awareness and consultations with the aggrieved parties so that they can air their concerns, interests and grievances. Grievance Redress Conduct extensive public awareness and consultations. Committee(s) (GRC) Help ensure that local concerns raised by stakeholders as regards environmental and social issues among others are promptly addressed by relevant authorities. Resolve manageable disputes that may arise. If it is unable to resolve, help refer such grievances to the Site Office Committee. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included. Supervisor/Department Head Oversees the day to day activities on the site of an activity. First recipient of a grievance from a staff member. Based on the severity of the grievance the Supervisor can solve it or escalate it to the Contractor’s Human Resource Manager. Contractor’s Human Resource The Contractor’s human resource manager will be in Manager charge of the entire work force within the Contractor’s camp. As such he/she will be in charge of the employment procedures, misconduct, conformance to labour laws and overall staff wellbeing, which includes second level grievances. County Employee Relations Receive unresolved complaints from employees Establish the legality of the complaint Provide a resolution on unresolved complaints in accordance to the various laws TAVEVO has established a Project Coordination Unit that also incorporates both social and environmental safeguard experts who will oversee implementation of the project ESMP. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxii Zamconsult Consulting Engineers Ltd. Table of Contents INTRODUCTION ............................................................................................................................... 1 1.1 Project Background ................................................................................................................. 1 1.2 Need For the Project ............................................................................................................... 2 1.3 ESIA Objectives........................................................................................................................ 3 1.4 Methodology........................................................................................................................... 4 PROPOSED PROJECT DESCRIPTION ................................................................................................. 5 2.1 Project Area Description ......................................................................................................... 5 Location and Administration ........................................................................................... 5 Study Area ....................................................................................................................... 6 Background to the proposed project .............................................................................. 9 Existing Water Supply and Sanitation Systems ............................................................. 15 2.2 Immediate Measures for the Improvement of Sanitation Systems ..................................... 18 Ablution Blocks.............................................................................................................. 18 Implementation Cost for Immediate Measures ........................................................... 22 PHYSICAL, BIOLOGICAL AND SOCIAL-ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT ..................................................................................................................................... 23 3.1 General Overview ................................................................................................................. 23 3.2 Physiographic and Environmental Conditions ...................................................................... 24 Climate .......................................................................................................................... 24 Topography ................................................................................................................... 26 Geology and Soils .......................................................................................................... 27 Drainage ........................................................................................................................ 28 Biodiversity.................................................................................................................... 29 3.3 Socio-Economic Infrastructure.............................................................................................. 31 Population Dynamics & Household Characteristics ...................................................... 31 Education ...................................................................................................................... 32 Religion and Culture ...................................................................................................... 32 Health ............................................................................................................................ 35 HIV/AIDs Issues ............................................................................................................. 35 Energy Sources .............................................................................................................. 36 Administration and Political Units ................................................................................ 36 Waste Disposal & Sanitation Aspect ............................................................................. 36 Settlement Patterns and Housing ................................................................................. 37 Poverty .......................................................................................................................... 37 Socio- Economic Activities and Land Use Patterns ....................................................... 37 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxiii Zamconsult Consulting Engineers Ltd. Transport ....................................................................................................................... 39 Posts and Communication ............................................................................................ 40 Financial Institutions ..................................................................................................... 40 Commerce and Industry................................................................................................ 40 Land Use ........................................................................................................................ 41 Tourism ......................................................................................................................... 44 3.4 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY ............................................................. 45 Population dynamics and household characteristics.................................................... 45 Water Supply................................................................................................................. 49 Sanitation ...................................................................................................................... 52 Environmental Situation ............................................................................................... 53 Health Status ................................................................................................................. 55 The Project .................................................................................................................... 60 CONSULTATION............................................................................................................................. 62 4.1 Legal Requirements .............................................................................................................. 62 Government Policy on Public Consultation .................................................................. 62 4.2 Persons or Agencies Consulted ............................................................................................. 62 Overview from the TAVEVO WSDP-Project Coordinator .............................................. 63 Overview from the Environmental Officer ................................................................... 63 Overview from the Voi Sub-County Public Health Officer ............................................ 64 Overview from the Voi Sub-County Chief Education Officer ........................................ 64 Overview from the Taveta Sub-County, TAVEVO Acting Branch Manager .................. 65 Overview from the Taveta Sub-County Public Health Officer ...................................... 65 4.3 Stakeholder Consultations .................................................................................................... 66 ALTERNATIVES TO THE PROJECT ................................................................................................... 69 5.1 No Action Alternative – ......................................................................................................... 69 5.2 Design Alternative ................................................................................................................. 69 5.3 Site Alternative...................................................................................................................... 70 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK ................................................................. 71 6.1 The Environmental Management And Coordination Act (Emca) ......................................... 71 6.2 The Environment Management and Coordination Act (Emca) Cap 387 and its Tools ......... 72 Environmental Impact Assessment and Audit Regulation 2003 (Legal Notice 101 of 2003) 74 The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2013 (Gazette Notice No. 13211 of 2013) ............................................................................................. 74 Water Quality Regulations (2006)................................................................................. 74 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxiv Zamconsult Consulting Engineers Ltd. The Environmental Management and Coordination (waste management) Regulation, 2006 75 EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 ............. 75 Environmental Management and Coordination (Air Quality) Regulations, 2014 ......... 75 6.3 Water Act 2016 ..................................................................................................................... 76 6.4 The Public Health Act (CAP. 242) .......................................................................................... 76 6.5 The Land Act, No. 6 of 2012 .................................................................................................. 76 Land registration under land act, 2012 ......................................................................... 76 Way leaves under land act, 2012 .................................................................................. 78 Land acquisition under land acts 2012 ......................................................................... 78 6.6 The Constitution of Kenya 2010............................................................................................ 80 Environmental obligations and rights ........................................................................... 80 Classification of land ..................................................................................................... 81 6.7 The National Museums and Heritage Act, 2006 ................................................................... 82 6.8 Legal Framework of the GOK in Regard to Land Ownership and Transactions .................... 82 Land Ownership in Kenya.............................................................................................. 82 Legal Provision Governing Voluntary Land Transactions in Kenya ............................... 83 Legal Provision for Involuntary Land Acquisition in Kenya ........................................... 84 6.9 The HIV And AIDS Prevention And Control Act ..................................................................... 84 6.10 National Legal Provisions on Gender .................................................................................... 88 National Gender and Development Policy (2000) ........................................................ 89 The New Constitution of August 2010 on Gender ........................................................ 90 The Sexual Offences Act (NO 3 of 2006) ....................................................................... 92 6.11 The Occupational Health And Safety Act, 2007 .................................................................... 93 6.12 The County Governments Act, 2012 ..................................................................................... 93 The Physical and Land Use Planning Act of 2019. ......................................................... 95 The Public Health Act (CAP. 242) .................................................................................. 95 6.13 National Policy with District Development Linkages ............................................................ 95 National Poverty Eradication Plan (NPEP) 1999-2015 .................................................. 95 Vision 2030 .................................................................................................................... 96 Private sector development strategy 2006-2010 ......................................................... 96 Kenya National HIV/AIDS Strategic Plan, KNASP 2005/06-2009/10 ............................. 96 6.14 World Bank Safeguard Policies ............................................................................................. 97 Operational Policy (OP) 4.01: Environmental Assessment, 2001 ................................. 97 Operational Policy 4.04: Natural Habitats, 2001 .......................................................... 97 The Bank's Operational Policy 4.12: Involuntary Resettlement ................................... 97 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxv Zamconsult Consulting Engineers Ltd. Operational Policy (OP) 4.10 - Indigenous Peoples ...................................................... 97 Operational Policy (OP/BP) 4.11: Physical Cultural Resources ..................................... 98 Operational Policy (Op)/Bank Procedure (Bp) 7.50: Projects International Waterways 98 World Bank Policy on Access to Information, 2010 ...................................................... 98 ENVIRONMENT AND SOCIAL EFFECTS OF THE PROPOSED PROJECT ............................................ 99 7.1 Impact Identification ........................................................................................................... 104 7.2 Impact Prediction ................................................................................................................ 104 7.3 Mitigation of Impacts .......................................................................................................... 105 7.4 Impact Category .................................................................................................................. 105 Nature: ........................................................................................................................ 105 Effect: .......................................................................................................................... 106 Time Range:................................................................................................................. 106 Reversibility: ................................................................................................................ 106 7.5 Impacts Emanating from the Proposed Project .................................................................. 106 Construction Phase Impacts........................................................................................ 107 7.5.1.1.1 Gender Equity, Sexual Harassment, Sexual Exploitation and Abuse (SEA), and Gender Based Violence (GBV) .................................................................................................... 115 Impacts during Operation & Maintenance ................................................................. 122 Impacts during De-Commissioning ............................................................................. 124 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ................................................... 125 8.1 Possible Enhancement Measures ....................................................................................... 125 8.2 Mitigation Measures ........................................................................................................... 125 8.3 Environmental and Social Monitoring Plan ........................................................................ 141 8.4 Grievance Redress Mechanism ........................................................................................... 156 Possible Sources of Grievances ................................................................................... 156 Committees Involved in the Grievance Redress and Management Processes ........... 156 The Grievance Management Process ......................................................................... 157 Grievance Redress Procedure ..................................................................................... 158 GRC Costs .................................................................................................................... 165 8.5 Institutional Framework for Implementation of the ESMP ................................................ 165 CONCLUSIONS AND RECOMMENDATIONS ................................................................................. 168 REFERENCES ............................................................................................................................ 169 APPENDICES ............................................................................................................................ 170 11.1 APPENDIX A: SURVEY QUESTIONNAIRE .............................................................................. 170 11.2 APPENDIX B - PUBLIC AND STAKEHOLDER CONSULTATION ............................................... 174 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxvi Zamconsult Consulting Engineers Ltd. Minutes of a Consultation Meeting Held at Voi County Development Fund (CDF) Office on 19th September 2018 at 2.30pm ................................................................................. 174 Minutes of the Public Consultation Meeting Held at Maungu Resource Centre On 20th September 2018 at 3.00pm ........................................................................................................ 184 Minutes of a Consultation Meeting Held at Wundanyi New Market on 13th December 2018 at 10.15am ......................................................................................................................... 192 Minutes of a Consultation Meeting Held at Taita Taveta, Bura Ndogo B CBO Hall on 9th December 2018 at 03.30pm ................................................................................................. 201 Minutes of a Consultation Meeting Held at Taita Taveta, Bahati, Railways area on 10th December 2018 at 11.10am........................................................................................................ 213 11.3 APPENDIX C - CHANCE FIND PROCEDURES ......................................................................... 222 11.4 APPENDIX D – APPROPRIATE LAND OWNERSHIP DOCUMENTS ......................................... 223 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxvii Zamconsult Consulting Engineers Ltd. Table of Figures Figure 2-1: Study Area of Wastewater Masterplan for Voi Town .......................................................... 7 Figure 2-2: Map of Taveta Service Area .................................................................................................. 9 Figure 2-3: Land for the proposed Moi Stadium Ablution Block. ......................................................... 11 Figure 2-4: Existing abandoned market stalls which shall be replaced with the new market in addition to the ablution block. ............................................................................................................................ 12 Figure 2-5: Maungu Site location is near the market, transport hub and an old dysfunctional public toilet. ..................................................................................................................................................... 12 Figure 2-6: Actual land to be occupied by the proposed facility in Taveta New Market. .................... 13 Figure 2-7: Car wash near the proposed site for the facility. ............................................................... 14 Figure 2-8: Area to be occupied by the facility will be next to the new market................................... 15 Figure 2-9: Main Components of Existing Water Supply System ......................................................... 15 Figure 2-10: Typical Site Layout Plan for an Ablution Block ................................................................. 20 Figure 2-11: Typical Plan, Views and Sections of an Ablution Block ..................................................... 21 Figure 3-1: Taita-Taveta County Map Highlighting the Project Areas .................................................. 23 Figure 3-2: Climate graph for Voi Town ................................................................................................ 25 Figure 3-3: Topography of Voi Town. Terrain indicated by contour lines. ........................................... 27 Figure 3-4: River Voi relative location to Voi town. .............................................................................. 29 Figure 3-5: Mathenge shrub in Taveta .................................................................................................. 30 Figure 3-6: Acacia shrubs are common in the county. ......................................................................... 31 Figure 3-7: Mwazindika Drums. A key component of the Mwazindika dance. .................................... 33 Figure 3-8: Taveta Traditional Dance – Urwasi. Dance perfumed to Taveta Sub-County visitors........ 35 Figure 3-9: Sisal Farming in Taita Taveta County .................................................................................. 39 Figure 3-10: Existing Land Use Map of Taveta ...................................................................................... 43 Figure 3-11: Wildebeest in the Tsavo. .................................................................................................. 44 Figure 3-12: Zebras in the Tsavo. .......................................................................................................... 44 Figure 3-13: Age Distribution of the Population ................................................................................... 45 Figure 3-14: Household Literacy Level .................................................................................................. 46 Figure 3-15: Religion of the Population ................................................................................................ 46 Figure 3-16: Sources of Energy ............................................................................................................. 47 Figure 3-17: Household Socio-Economic Activities............................................................................... 48 Figure 3-18: Business types in the project area .................................................................................... 48 Figure 3-19: Household Income per Month.......................................................................................... 49 Figure 3-20: Main Sources of Water for the Community ..................................................................... 49 Figure 3-21: Percentage Population Paying for Water ......................................................................... 50 Figure 3-22: Amount paid per 20 litre jerry can ................................................................................... 50 Figure 3-23: General Status of the Water Quality ................................................................................ 51 Figure 3-24: Frequency of fetching water............................................................................................. 51 Figure 3-25: Common Waste Disposal Methods .................................................................................. 52 Figure 3-26: Respondents Who Have Toilets in Their Compound ........................................................ 52 Figure 3-27: Types of Toilets Respondents Have in Their Compound .................................................. 53 Figure 3-28: Environmental Issues of Concern ..................................................................................... 53 Figure 3-29: Environmental Conservation Initiatives ........................................................................... 54 Figure 3-30: Implementers of Environmental Conservation Initiative ................................................. 54 Figure 3-31: Will the Sanitation Project help in conserving the Environment ..................................... 55 Figure 3-32: Prevalence of Diseases in the Area................................................................................... 55 Figure 3-33: Type of Treatment ............................................................................................................ 56 Figure 3-34: Ownership Status of the Health Facilities......................................................................... 56 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxviii Zamconsult Consulting Engineers Ltd. Figure 3-35: Distance to the Health Facilities. ...................................................................................... 57 Figure 3-36: Level of Awareness on HIV/AIDS ...................................................................................... 57 Figure 3-37: Source of information on HIV/AIDS .................................................................................. 58 Figure 3-38: Household Members affected by HIV/AIDS ..................................................................... 59 Figure 3-39: Knowledge on whether HIV/AIDS can be prevented ....................................................... 59 Figure 3-40: Respondents who know where to go to for Voluntary HIV/AIDS Testing ........................ 59 Figure 3-41: Public Awareness of the Intended Construction of the Facility ....................................... 60 Figure 3-42: Perceived Impact of the Sanitation Project ...................................................................... 60 Figure 3-43: Positive Impacts of the Proposed Project ......................................................................... 61 Figure 4-1: Summary of the meetings held .......................................................................................... 66 Figure 4-2: Consultant addressing the public at Voi CDF Hall............................................................... 67 Figure 4-3: Public response to the Voi Township sanitation facility projects ....................................... 67 Figure 4-4: Response to the Bura Ndogo B ablution block project....................................................... 68 Figure 8-1: Figure Showing the Dispute Resolution Procedure .......................................................... 163 Figure 8-2: Internal Grievance Redress Procedure ............................................................................. 165 Figure 11-1: Judia Mulagui addressing her concerns.......................................................................... 181 Figure 11-2: Mohammed Washallah giving feedback on the project................................................. 182 Figure 11-3: Consultant addressing the forum. .................................................................................. 182 Figure 11-4: Public response to the project. ....................................................................................... 183 Figure 11-5: Maungu Chief opening the meeting with a few remarks. .............................................. 190 Figure 11-6: The TAVEVO Rep & Consultant presenting to the public ............................................... 190 Figure 11-7: Madam Maghiri Mandavu giving his feedback on the consultant’s presentation ......... 191 Figure 11-8: Public response to the project. ....................................................................................... 191 Figure 11-9: The consultant clarifying contentious issues to the public. ........................................... 199 Figure 11-10: Area Pastor giving his feedback on the project. ........................................................... 199 Figure 11-11: Member of the public addressing his concerns about the project. ............................. 200 Figure 11-12: Public response to the project. ..................................................................................... 200 Figure 11-13: Area Chief chairing the meeting. .................................................................................. 211 Figure 11-14: Area MCA giving feedback on the project. ................................................................... 211 Figure 11-15: “Mzee wa Nyumba” Kumi addressing the forum. ........................................................ 212 Figure 11-16: Public response to the project. ..................................................................................... 212 Figure 11-17: Area Assistant Chief chairing the meeting.................................................................... 220 Figure 11-18: Member of the public giving feedback on the project. ................................................ 220 Figure 11-19: Consultant addressing the forum. ................................................................................ 221 Table of Tables Table 2-1:Sub-locations and Study Area ................................................................................................. 6 Table 2-2:Sub-locations and Study Area ................................................................................................. 8 Table 2-3: Summary of Existing Water Supply System ......................................................................... 16 Table 2-4: Implementation Costs for Immediate Measures (As per the masterplan) .......................... 22 Table 2-5: Implementation Costs for Immediate Measures (Revised as per available sites) ............... 22 Table 3-1: Taveta - Average temperatures ........................................................................................... 25 Table 3-2: Taveta - Average precipitation............................................................................................. 26 Table 3-3: Summary of Sewage and BOD5 Generated per Drainage Area ........................................... 28 Table 3-4: Population per constituency ................................................................................................ 31 Table 3-5: Employment Characteristics in Voi. ..................................................................................... 38 Table 3-6: Table Summary of Existing Land Use ................................................................................... 42 Table 4-1: Cross section of persons/agencies consulted ...................................................................... 63 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxix Zamconsult Consulting Engineers Ltd. Table 4-2: Summary of the meetings held ............................................................................................ 66 Table 7-1: Characterization of expected impacts ............................................................................... 100 Table 8-1: The Proposed Environmental and Social Management Plan (ESMP) for the Ablution Blocks ............................................................................................................................................................ 127 Table 8-2: Proposed Environmental and Social Monitoring Plan ....................................................... 143 Table 8-3: Table Showing a Sample Grievance Form .......................................................................... 160 Table 8-4: Sample of a Grievance Resolution Form ............................................................................ 162 Table 8-5: Institutional Framework for ESMP ..................................................................................... 166 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxx Zamconsult Consulting Engineers Ltd. ACRONYMS AND ABBREVIATIONS AB Ablution Block AIDS Acquired Immunodeficiency Syndrome CBO Community Based Organization CLO Community Liaison Officer COVID-19 Corona Virus Disease CWWDA Coast Water Works Development Agency EIA Environmental Impact Assessment EMCA Environment Management Coordination ACT ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FGDs Focus Group Discussions GHG Greenhouse Gases GIS Geographical Information System GoK Government of Kenya GPS Global Positioning System HASP Health and Safety Plan HIV Human Immunodeficiency Virus HMP Health Management Plan ID No. Identity Card Number IDA International Development Association K.Shs. Kenya Shillings KFS Kenya Forestry Service LRCC Locational Resettlement and Compensation Committees m3 cubic metres MOWS Ministry of Water and Sanitation NEMA National Environment Management Authority NGO Non-Governmental Organization NLC National Land Commission NMK National Museums of Kenya Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxxi Zamconsult Consulting Engineers Ltd. NPEP National Poverty Eradication Plan O&M Operation and Maintenance OP Operational Policy PAP Project Affected Person PEC Poverty Eradication Commission PPE Personal Protective Equipment SCRCC Sub-County Resettlement and Compensation Committees SOLWODI Solidarity for Women in Distress SOP Standard Operating Procedures STD Sexually Transmitted Diseases TAVEVO Tavevo Water and Sewerage Company Ltd VCT Voluntary Counselling and Testing WaSSIP Water and Sanitation Service Improvement Project WaSSIP-AF Water and Sanitation Service Improvement Project – Additional Financing WB World Bank WHO World Health Organisation WRMA Water Resources Management Authority WSB Water Services Board WSP Water Services Provider WSS Water Supply and Sanitation Services WSSD World Summit for the Social Development WTP Water Treatment Plant Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County xxxii Zamconsult Consulting Engineers Ltd. INTRODUCTION 1.1 PROJECT BACKGROUND The Government of Kenya (GoK) through the Ministry of Water & Sanitation and Irrigation (MoWSI) has received “credit” from International Development Association (IDA) to undertake the Wastewater Master Plan for Mombasa and Selected Towns within the Coast Region. The Government of Kenya, through its implementing agency, the Coast Water Works Development Agency (CWWDA), formerly Coast Water Services Board (CWSB) shall require the Consultant to render all technical support services regarding the Environmental and Social Impact Assessment as well as the Resettlement Action Plan for the above project. The CWWDA is a parastatal (Government Owned and Autonomous) created under the Water Act, 2016 and established through a Gazette Notice No. 59 of 26th April 2019. Change from CWSB to CWWDA followed repeal of the Water Act 2002 by the Water Act of 2016. The Agency’s main responsibility is the provision of efficient and economical water and sanitation services to the people of the Coast Region. The CWWDA covers the following six counties in the region: Mombasa, Kwale, Kilifi, Taita-Taveta, Lamu and Tana River. The CWWDA operates under the Parent Ministry of Water & Sanitation and Irrigation and in accordance with: - • The provisions and regulations of the Water Act, 2016; • The State Corporation Act Cap 446; • Other Relevant Provisions of the Laws of Kenya and • Rules and Regulations given in form of circulars by the Parent Ministry and Ministry of Finance. The main goal of the Master Plan is to identify a sound and rational strategy for the development of sewerage services in selected towns within the Coast Region over the next twenty-five (25) years i.e. up to Year 2040, to improve the quality of effluent to rivers, Indian Ocean and groundwater and to safeguard the health of the residents of the Study Areas. The key objective of the proposed Wastewater Master Plan for Taita-Taveta County is to come up with a phased investment programme for Immediate / Short Term Plan (2015 – 2020), Medium Term Plan (2021 – 2025), Long Term Plan (2026 – 2040) and recommend a treated effluent disposal/reuse strategy for the effluent in various towns within the county including Voi, Maungu, Taveta, and Wundanyi. The broad scope of the work is to carry out Environment and Social Impact Assessment, Resettlement Action Plan of the proposed Voi Sanitation Subprojects (4No. Ablution Blocks), and Taveta Sanitation Subprojects (2No. Ablution Blocks) based on the Government of Kenya regulations and the World Bank Safeguards Operational policies, an assessment of positive and negative impacts of the sub projects and prepare Environmental and Social Management Plan (ESMP) for this subproject. This report covers the Environmental and Social Impact Assessment of the proposed construction Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 1 Zamconsult Consulting Engineers Ltd. of 6No. ablution blocks: 1No at Maungu, 2No in Voi town, 1no at Wundanyi town and 2 No at Taveta town within Taita Taveta County. The strategic importance of this project lies in the need for overall improved sanitation in the ballooning population of the urban areas such as Voi, Maungu, Taveta, and Wundanyi Towns. There is a significant rise in the rural – urban migration. The areas near the proposed sites for the ablution block projects are generally public areas where a myriad of activities are constantly being carried out. The main beneficiaries of the ablution blocks projects will be: - • The general public attending public functions at some of the mentioned locations. • Traders and customers who come from various areas hence are hampered from utilizing their personal facilities. • Commuters and bus/matatu operators near bus bays. • The local community running the project. In compliance with the Environmental Management and Coordination Act, the Consultant carried out the Environmental Impact Assessment of the Proposed Project Works in order to develop an ESIA Project Report for submission to NEMA and the World Bank. World Bank would review and clear the reports and NEMA would also review and thereafter issue a license in order for the works to proceed. 1.2 NEED FOR THE PROJECT The project objective is to improve the public sanitation infrastructure within Voi, Maungu, Taveta, and Wundanyi Towns. There is no proper sewage disposal systems or sewerage treatment plants in the towns. The use of on-plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. Private owners of septic tanks manage their raw waste by dumping it in the dysfunctional existing facility at Railways/Kaloleni and near the Muslim and Christian cemeteries in Taveta Town. Such waste ends up in the environment hence affecting the terrestrial and marine life and consequently the lives of people depending on it. In situations of suppressed water supply, such as in Voi, Maungu, Taveta, and Wundanyi Towns, the use of on-plot sanitation systems though unsustainable environmentally is manageable. If the water supply situation is improved through the development of additional water resources and expansion of water distribution networks, the use of on- plot sanitation systems will not suffice and thus health and environmental hazards are bound to occur. The implementation of the project will also contribute to the improved performance of the economic sectors and the delivery of social services in the project environs. The Terms of Reference The TOR requires that an ESIA Study of proposed subprojects be conducted. The ESIA study will therefore be a study of potential environmental impacts of the projects. An Environmental and Social Management Plan (ESMP) with comprehensive mitigation Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 2 Zamconsult Consulting Engineers Ltd. measures and environmental monitoring plan will be drawn and the proponent advised accordingly. The analysis includes, but not limited to the following: • Evaluation on the project impacts on flora, fauna, soils, air, water and identification of other impacts likely to be generated by the proposed project; • A description of actions taking place during the main phases of the project (construction, operation, and maintenance) which could lead to environmental damage; • Identification of the potential impacts of the ablution blocks relative to surrounding land use as well as the people living or operating in areas associated with the project; • Preparation of an action plan for the repair of the damage done and for the prevention of any negative effects resulting from the proposed project; • Formulation of a plan to prevent anticipated undesirable impacts from being actualized; • Evaluation of the relationship of the proposed project to existing policies, legislation and institutional framework. 1.3 ESIA OBJECTIVES The overall objective of the ESIA is to ensure that all environmental consequences due to the construction and operation of the proposed subproject are mitigated or minimised. The specific objectives of the assignment are: i. To screen the subprojects for potential environmental and socio-economic impacts. ii. To provide baseline information about the environmental, social, economic and cultural conditions in the project area; iii. To identify, analyze and evaluate the type and extent of likely potential environmental and social impacts with emphasis on significance, magnitude and distribution of beneficial/adverse effects of the planned subprojects on the existing biophysical, socio-economic and cultural components, and assess the capacity of the institutions responsible for management of these impacts; iv. To develop an Environmental and Social Management Plan (ESMP). The ESMP shall outline environmental management and social mitigation/ enhancement measures to adopt during pre and post implementation of the subprojects, consultation mechanisms and institutional strengthening measures to prevent, minimize, mitigate or compensate for adverse environmental and social impacts and to enhance beneficial impacts, costs of the measures and monitoring requirements. Generally, ESIA also aims to ensure that development projects are implemented in a sustainable manner. Sustainable development is increasingly becoming a common synonym to environmental management in infrastructure development. It refers to a pattern of resource use that is aimed at meeting present day human needs while preserving the environment so that these needs can be met in future generations. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 3 Zamconsult Consulting Engineers Ltd. Sustainable development ties together concern for the carrying capacity of natural systems with the social challenges facing humanity. 1.4 METHODOLOGY The ESIA was undertaken at a level that was considered to be commensurate with the scale, complexity and sensitivity of the project. The key stages in the process included proposal definition, screening which included key informant & household consultations, impact assessment, mitigation, review, decision-making and monitoring, as part of the preparation of this project report. For this ESIA to be good, recommendations have been integrated into the project development process. This should not be seen as a barrier to development or as an unnecessary cost. As well as being a stepping-stone to consent from environmental regulators and financial backers, it is a management tool for use during project planning and execution and will help avoid unnecessary impacts, delays and unexpected costs. The consultant used a holistic approach to obtain the necessary baseline data and information on the below-listed aspects of the ESIA. An in-depth desk study, comprehensive field observation, and wide consultation with stakeholders, key informant interviews and structured socio-economic interviews were carried out so as to obtain the requisite data and information on the following themes: • Human Environment including; Socio-economic, Socio-cultural and Socio-legal • Natural Environment including; Flora, Fauna, Soil, Water, Air, Climate and Landscape • Built environment including; Material Assets, Historical /Archaeological Sites and Monuments and • Aesthetic Environment Particular interest was placed on the social conditions of the sites provided for the projects. This is owing to the fact that being sanitation facilities especially the SDB, profound impact of bad odour is prone to affect the neighbouring residents of the areas during the operation and maintenance phase of the project. The consultant used the available information to derive or predict or assess impacts and classify them under human, natural and built environment at pre-construction/ planning, Construction and Operation phases of each project sub-component. Any negative impact was widely assessed and the most suitable mitigation measure apportioned as a solution to the problem. Positive impacts were noted as such and further reinforced by statements of actions that enhance their productivity and sustainability in the development process during and after the implementation of the project. ESIA was done for all the phases of the project including planning, construction, and operation and decommissioning. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 4 Zamconsult Consulting Engineers Ltd. PROPOSED PROJECT DESCRIPTION 2.1 PROJECT AREA DESCRIPTION Location and Administration 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. 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 Aruhsa-Holili-Taveta-Taveta 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. The market is fuelled in part by Taveta’s rail connection through Taveta with the Mombasa-Nairobi-Kampala line, built during the era of British Colony in Kenya. Large numbers of people walk across the border from Tanzania to buy and sell wares in Taveta. 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 Voi and Taveta is managed by Taita Taveta – Voi Water and Sewerage Company Limited (TAVEVO). Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 5 Zamconsult Consulting Engineers Ltd. Study Area The study area for Voi Wastewater Master Plan is confined within the boundary of Voi Town. It comprises of parts of six sub-locations and covers approximately 30% of Voi Sub-county. The sub-locations forming Voi Town and total coverage areas as well as the study area is given in Table 2.1 below; Table 2-1:Sub-locations and Study Area Coverage in the Study Sub-locations Total Area (km²) Area (km²) Mwangea 20.3 20.1 Ndara/ Sagala 70.5 3.5 Kaloleni 77.9 21.7 Mraru 36.1 7.3 Tausa 32.9 0.5 Tsavo East National Park 0.0 10.5 Total 237.7 63.7 Figure 2.1 shows the Study Area of Wastewater Master Plan for Voi Town. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 6 Zamconsult Consulting Engineers Ltd. Figure 2-1: Study Area of Wastewater Masterplan for Voi Town Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 7 Zamconsult Consulting Engineers Ltd. The study area for Taveta Wastewater Master Plan is confined within the boundary of Taveta Town and covers approximately 25% of Taveta Sub-county. The Study Area has been demarcated in consideration of the location of Taveta Town, projected land use plans for years 2025 and 2040 and the nature of development and population densities in the Taita-Taveta County. The sub-locations forming Taveta Town and total coverage areas as well as the study area is given in the table below. Table 2-2:Sub-locations and Study Area Sub-locations Total Area (km²) Coverage Within the Study Area (km²) Mahoo 7 7 Malukiloriti 12 9 Mrabani 57 0 Njoro 7 0 Ndilidau 9 2 Mboghoni 14 3 Lesesia 9 6 Mjini 3 3 Total 119.2 29.9 Figure 2.2 shows the Study Area of Wastewater Master Plan for Taveta Town. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 8 Zamconsult Consulting Engineers Ltd. Figure 2-2: Map of Taveta Service Area Background to the proposed project A brief summary of the proposed project is as follows: FACILITY TOWN COORDINATES 1. Moi Stadium Ablution Block Voi 451507.08 m E 9625094.72 m S 451492.42 m E 9625090.41 m S 451517.88 m E 9625076.43 m S 451502.66 m E 9625070.13 m S 2. Caltex Mkt Ablution Block. Voi 449794.10 m E 9624489.74 m S 449783.82 m E 9624478.57 m S 449802.14 m E 9624466.44 m S 449812.84 m E 9624476.90 m S 3. Maungu Centre Ablution Block Maungu 472137.11 m E 9606434.31 m S 472126.56 m E 9606419.27 m S 472107.68 m E 9606433.20 m S 472116.01 m E 9606445.58 m S 4. Taveta New Mkt Ablution Block Taveta 350783.02 m E 9625492.55 m S 350761.96 m E 9625502.37 m S 350768.39 m E 9625516.14 m S 350789.44 m E 9625506.27 m S 5. Bura Ndogo B Ablution Block Taveta 353205.65 m E 9624781.84 m S 353197.94 m E 9624843.08 m S 353281.05 m E 9624855.22 m S 353295.89 m E 9624775.76 m S 353290.31 m E 9624762.31 m S Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 9 Zamconsult Consulting Engineers Ltd. 353257.85 m E 9624752.21 m S 6. Wundanyi Mkt. Ablution Block Wundanyi 429542.40 m E 9623446.69 m S 429536.06 m E 9623465.14 m S 429549.83 m E 9623467.81 m S 429555.40 m E 9623446.81 m S All the 6 No. ablution blocks are proposed to be located on public land under the Taita Taveta county government (See appendix D). The proposed parcels have not been encroached by any activities and therefore, no any form of displacement is envisaged. 2.1.3.1 Ablution Blocks The use of on-plot sanitation systems though unsustainable environmentally is manageable at present due to the suppressed water supply situation in Taita Taveta County. If additional water resources are developed and distribution network expansion carried out, the use of on-plot sanitation systems will not suffice and thus health and environmental hazards are bound to occur. The implementation of the proposed ablution block projects as an immediate measure to cater especially for the needs of the community under the WSDP program in the towns, will be a major step in improving the sanitation infrastructure in congested and high catchment areas. Generally, the residents have adequate toilets within their residences and a few in public utility areas. However, some important high catchment areas such as the market areas and bus stop have insufficient facilities to cater for the needs of the human traffic in the areas. In addition, there are slum areas within these towns that may not have adequate ablution blocks hence residents use primitive means of relieving themselves such as the bushes or in some instances flying toilets and consequently increasing the risk of transmission of waterborne diseases. This highlights the need for their inclusion in similar future projects. For the existing facilities, which may have been constructed under the county government or other financiers’ kitties there is the adequacy to serve the demands of the ballooning population in the towns, in addition to some of them being either mismanaged or dysfunctional implying that they don’t serve their intended purpose. One such facility is the public municipal toilet within the vicinity of the Taveta bus park. However, the facility constructed under funding from Government of Kenya through Water Sector Trust Fund (WSTF) and run by TAVEVO in the bus park area is a good example of a properly maintained facility. The implementation of this project will provide a safe human waste facility option for local residents, traders and tourists. The approximate size of the proposed ablution block sites is 23m by 15m as described above. In summary, the current sanitation infrastructure in the towns is insufficient to meet the sanitation needs of the growing population and there is need for development of a waterborne sanitation system which is sustainable. The following is a brief description of the proposed project sites. 2.1.3.1.1 Moi Stadium Ablution Block Site - Voi This proposed site is located at the first entry point to Moi Stadium from the tarmac road connecting Voi town to the A109 Nairobi-Mombasa Highway. There is a motorbike Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 10 Zamconsult Consulting Engineers Ltd. (bodaboda) stage right next to the proposed site but the demarcated land is not encroached by any traders/squatters. The stadium is often used for major sports activities and various public functions from time to time. Furthermore, it is near Voi town implying that it can also serve the commuters, traders and customers, the transportation industry among others. As such, the area is ideal since it is a high catchment region. While the vicinity of this area has a notable amount of human traffic, there is no elaborate sanitation facility except for a few institutions around such as restaurants. In fact, there is a concern by some key informants on how to handle the needs for such a facility in large institutions such as banks and public offices. This area being frequented by people of all calibres and hence payment for services may not be an issue. Figure 2-3: Land for the proposed Moi Stadium Ablution Block. 2.1.3.1.2 Caltex Market Ablution Block Site - Voi This site is located in a public parcel of land within the Caltex New Market in close proximity to the Mombasa Road – Mwatate Road Junction. The site is within the market area positioned where old dilapidated market stalls are being cleared for modern developments, part of which is the ablution block projects. There is no dependant of the land as it is under the trade department which operates on behalf of the county government of Taita Taveta. There are some existing ablution blocks within the market, however, they’re not sufficient to cater for the needs of all traders and customers who utilise the market. As such, the proposed project will feed the demand for ablution blocks especially for the traders. Further, there is a nearby bus terminal, a petrol station and many small businesses within the vicinity of the new market from whom, business for the ablution block is also envisaged. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 11 Zamconsult Consulting Engineers Ltd. Figure 2-4: Existing abandoned market stalls which shall be replaced with the new market in addition to the ablution block. 2.1.3.1.3 Maungu Centre Ablution Site – Next to Chief’s Office This site is in close proximity to the chief’s office and a water kiosk belonging to TAVEVO. It is on public land that is bare hence no claims are anticipated. In addition, it is a transportation hub whereby several transit trucks park and there are markets, kiosks and all manner of trading activities going on as observed during the consultant’s visit. The accessibility to the site is not hindered hence being a high catchment area, is likely to serve the intended purpose. Figure 2-5: Maungu Site location is near the market, transport hub and an old dysfunctional public toilet. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 12 Zamconsult Consulting Engineers Ltd. 2.1.3.1.4 Taveta – New Market Ablution Block Facility The proposed ablution block will be located at the periphery of the Taveta New Market whose construction is currently ongoing. There is a toilet facility within the market within the market which is too small to cater for the needs of the market. No displacement is anticipated at the proposed site and the land is under the public utility land of the County Government of Taita Taveta. The catchment includes traders and customers both from Taveta on the Kenyan side, and Holili on the other side of the Kenya-Tanzania border, especially on the Wednesday and Saturday market days. Proper maintenance is key since the market will have massive traffic. All in all, the siting was adequate to handle the minimum requirements of the proposed facility. Figure 2-6: Actual land to be occupied by the proposed facility in Taveta New Market. 2.1.3.1.5 Bura Ndogo B Ablution Block Facility - Taveta The proposed ablution block will be located at the public land within Bura Ndogo B at the old cemetery area where a community car wash has also been placed. The area has adequate land for the proposed facility and the locals are ready to benefit from the project. No displacement is also anticipated within this site. The catchment is quite low at the moment but is prone to increase once other public amenities are put in place in the near future. While it was anticipated that the area would have some local politics to deter the development project, it was later determined during the public participation forum that the local administration including the chief, the area MCA as well as the “wazee wa nyumba kumi” in addition to the general public, were all in support of the project. Further, the siting was adequate to handle the minimum requirements of the proposed facility. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 13 Zamconsult Consulting Engineers Ltd. Figure 2-7: Car wash near the proposed site for the facility. 2.1.3.1.6 Wundanyi Market Ablution Block Facility The proposed ablution block will be located at the public land within Wundanyi Town at the market area near the bus park. The area had old market stalls which were demolished prior to the consultant’s visit to the site hence no displacements are anticipated in the proposed site. Further, Wundanyi town is a small congested town hence the location will have adequate catchment of traders, customers, travellers and the general public. Further, the locals were optimistic about the project and await to reap its benefits. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 14 Zamconsult Consulting Engineers Ltd. Figure 2-8: Area to be occupied by the facility will be next to the new market. Existing Water Supply and Sanitation Systems 2.1.4.1 Water Supply 2.1.4.1.1 Voi Town Voi Town is presently served with water from Mzima Springs, through Mzima pipeline. Other Towns being served by Mzima pipeline include Mombasa, Mazeras, Kaloleni and Mariakani. The installed capacity of Mzima pipeline is approximately 35,000 m³/d. The capacity of Mzima Pipeline is expected to increase significantly upon the construction and commissioning of Mzima II pipeline. The major off-take on Mzima Pipeline conveys water to Voi Town reservoirs. A Pumping Station has been situated at the Town reservoirs to pump water to a high-level reservoir at Mwakingali hill from where water distribution is done by gravity. The existing Water Supply System comprises of the main components given in the table below. Figure 2-9: Main Components of Existing Water Supply System Water Source Mzima-Mombasa pipeline from Mzima Springs Water Treatment Chlorination at BPT 2 (along Mzima Spring Pipeline) Water Pumps 2 No. Vertical Pumps (30m3/hr) Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 15 Zamconsult Consulting Engineers Ltd. 4km DN 250/200/150 AC/GI from Mzima Pipeline to Water Mains Town Reservoir Water Storage 450 m3 and 125 m3 at Pumping Station Facilities 450m3 reservoir (Mwakingali Tank) 14km of GI pipes from DN 50 to DN 200 5km of AC pipes from DN 75 to DN 250 Water Distribution 3km of uPVC pipes from DN 100 to DN 150 System 8,000 connections of which 4,000 are active and 100% metered Water Supply for Voi Town is inadequate to serve the Town and cater for the future needs of its growing population. Development of additional water resources and extension of the distribution network is therefore required. Upon completion of the plan Mzima II Pipeline, it is expected that the Water Supply for Voi Town will be increased. Besides, preparation of Water Distribution Master Plan for Voi Town is currently in progress and its implementation will result to further improvement of water supply situation. 2.1.4.1.2 Taveta Town Taveta Town is presently served with water from Njoro Kubwa springs and boreholes. The existing water supply system for Taveta Town is as summarised in the table below: Table 2-3: Summary of Existing Water Supply System Water Source 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) Water Storage 4Nr. Storage ReserTavetars: Facilities 1,400m3 ReserTavetar at California 100m3 ReserTavetar at Eldoro 30m3 ReserTavetar at Office Water Mains and 9.47km - Rising Main diameter varying in size from 75mm to Water Distribution 250mm System Gravity mains diameter varying in size from 15mm to 250mm (54.78 km for dia > 50mm). Water Source Njoro Kubwa Springs and 3Nr. Boreholes (Lutheram, Eldoro and Office Borehole). Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 16 Zamconsult Consulting Engineers Ltd. Water Supply for Taveta Town is inadequate to serve the Town and cater for the future needs of its growing population. Development of additional water resources and extension of the distribution network is therefore required. 2.1.4.2 Sanitation System At present, Voi and Taveta Towns 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 waste water treatment and disposal facility for effluent discharge by the exhaust vacuum tankers (Waste Stabilization Ponds). Currently, septage from septic tanks is discharged directly to the environment near the boundary of Tsavo National Park and next to Muslim and Christian Cemeteries in both towns. The use of on-plot sanitation systems though unsustainable environmentally is manageable at present due to the suppressed water supply situation in the towns. If additional water resources are developed and distribution network expansion carried out, the use of on-plot sanitation systems will not suffice and thus health and environmental hazards are bound to occur. In summary, the current sanitation infrastructure in Taita Taveta County is insufficient to meet the sanitation needs of the growing population and there is need for a development of a waterborne sanitation system which is sustainable. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 17 Zamconsult Consulting Engineers Ltd. 2.2 IMMEDIATE MEASURES FOR THE IMPROVEMENT OF SANITATION SYSTEMS The Final Wastewater Master Plan for Taita Taveta County describes the development strategy for the long-term water-borne sanitation system comprising of a wastewater collection / conveyance system and the treatment / proper disposal of the treated effluents. However, this long-term sanitation strategy is not planned for immediate implementation. In consideration of the current sanitation systems and the growing sanitation needs, an immediate intervention is urgently required. Thus, Immediate Sanitation Measures have been developed. These measures include construction of Ablution Blocks in selected Public Places. The details of all the facilities including area coordinates and available land ownership documents are attached in the Appendix. Ablution Blocks Ablution Blocks are essential in the county for improved access to sanitation facilities especially in public places e.g., markets, bus stops, schools, etc. They are important to market vendors, market customers, long distance travellers, bus operators and the general public. Their locations in Voi, Taveta, Maungu, and Wundanyi Towns were be selected in consultation with the CWWDA, TAVEVO and the Taita Taveta County Government. Considering the population densities and the number of public utilities, a total of four (4) Ablution Blocks is proposed for construction in Voi region, and a two number in Taveta region hence a total of 6No. for the County. Each Ablution Block comprises of six (6) toilets and two (2) Shower Rooms with equal number for each gender i.e. Ladies and Gents. The allocated number of toilets in each Ablution Block ensures provision of sufficient service levels for the target population. It is estimated that on average, a user spends 5 minutes in the facility. Thus, for a single facility with 6 toilets and 10 hours of operation in a day, a maximum number of 720 persons can be served in a day. Each section (ladies and gents) is provided with a toilet fitted with special amenities for use by disabled persons. The “Gents” are provided with separate urinals to increase the service levels especially during the peak hours. The shower rooms are equipped with a dressing area and hand-wash basins. In addition, a spacious common area with hand-wash basins, hand driers and wall mounted mirrors is provided. Each of the shower units is fitted with coat hangers behind the doors for convenience. To enhance natural lighting within the facility, transparent polycarbonate roofing material have been incorporated in the design. Proper ventilation is ensured by the louvered windows and gap between the ring beam and the roof. The gap is fitted with louver blocks and plastic-coated coffee tray wires to prevent insect entry. A septic tank with a holding capacity of 16 m3 is provided at the facility for storage and partial treatment of sewage. The septic tank will require desludging after every 3 months with septage disposal at an approved wastewater disposal facility. In addition, a Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 18 Zamconsult Consulting Engineers Ltd. 5,000-litre water tank mounted on a 3.5m high reinforced concrete tower within the facility provides a 3-day storage of potable water. Other services provided at the site include; electricity for use at night and for security lighting, controlled access through 4m wide metallic gate and boundary chain-link fence where applicable. Permission to use the facility is to be on a pay-per-use basis. This is an effective model used in many parts of the country to raise money required for operation and maintenance. A personnel office complete with a shop for essential commodities and a storage room shall be provided at the entrance of the facility with grilled opening for ease of payment before use. A typical Site Layout, Plan and Elevations of the proposed Ablution Block are given in the figures below. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 19 Zamconsult Consulting Engineers Ltd. Figure 2-10: Typical Site Layout Plan for an Ablution Block Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 20 Zamconsult Consulting Engineers Ltd. Figure 2-11: Typical Plan, Views and Sections of an Ablution Block Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 21 Zamconsult Consulting Engineers Ltd. Implementation Cost for Immediate Measures Engineer’s Cost Estimate determined for the Immediate Measures for Improvement of Sanitation Systems in Taita Taveta County is based on the unit costs of the respective components of the Works obtained from recent contracts of similar scope and nature. The Implementation Cost is given in the table below. Table 2-4: Implementation Costs for Immediate Measures (As per the masterplan) Number to S/No. Component Cost, Kshs. Cost, USD be Provided 1. Ablution Blocks 8 124,000,052 1,203,884 Table 2-5: Implementation Costs for Immediate Measures (Revised as per available sites) Number to S/No. Component Cost, Kshs. Cost, USD be Provided 1. Ablution Blocks 6 93,000,039 902,913 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 22 Zamconsult Consulting Engineers Ltd. PHYSICAL, BIOLOGICAL AND SOCIAL-ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT 3.1 GENERAL OVERVIEW One of the study areas is located in the township of Voi, located South-Eastern Kenya in Taita Taveta County, 327 km South-East of Nairobi and 159 km North-West of Mombasa. Voi covers 2,972 km2 and it is situated at an altitude of approximately 580 MASL at the western edge of the Taru desert. It borders Tsavo East National Park in the north and east, and Sagala Hills in the south, and Voi Sisal Estates in the west. On the other hand, Taveta Town lies at the border with Tanzania, directly across from the town of Holili. This is approximately 111 kilometres (69 mi), by road, west of Voi, the nearest large town, on the Arusha–Holili–Taveta–Voi Road. The coordinates of the town are: 3°23'44.0"S, 37°40'34.0"E (Latitude:-3.395565; Longitude:37.676113). In addition to Mount Kilimanjaro, Taveta also enjoys proximity to Lake Chala, a volcanic freshwater lake of extraordinary depth. Figure 3-1: Taita-Taveta County Map Highlighting the Project Areas Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 23 Zamconsult Consulting Engineers Ltd. Voi started to grow at the end of the 19th century when the Kenya- Uganda Railway was constructed. People moved in to work on the railway and the nearby sisal estates. However, township status with an area of about 16.27 Kms2 was not granted until 1932. The town has long since outgrown the original grant. Voi is the junction of the feeder railway line to Taveta, Kenya and Arusha, Tanzania with the main line being between Nairobi and Mombasa and thus Voi has a major railway station. Voi town and its surroundings has got many environmental and social similarities with the rest of the Taita Taveta zone including geology and soils, vegetation types, hydrology, land use, cultural trends as well as economic patterns. Within Voi town, economic demands and migration of different cultures into the town has led to land use change (heavy commercial focus and few settlements in the vicinity of the town). The pulling factors for in-migration include the much better job and education opportunities in Voi, compared to the surrounding periphery characterized by traditional agriculture and grazing. During the evaluation of baseline conditions and field visits, physical inspection was backed up with literature of the wider Taita Taveta region. Social and cultural characteristics were also drawn from interviews and historical knowledge of Taita Taveta people and the transformation time. This Chapter discusses the baseline situation in respect of climate, topography, air quality, soils and geology, hydrology, terrestrial ecology, cultural heritage sites and socio-economic structure as well as existing infrastructure and utilities such as water, sewerage, transportation network, electricity, air transport and telephone/telecommunications and solid waste management in the region of the proposed project. In addition, it also provides the base of the impact’s identification. 3.2 PHYSIOGRAPHIC AND ENVIRONMENTAL CONDITIONS Climate Voi town is characterized by a semi-arid climate with temperatures and annual rainfall averaging to 25.1 °C and 588mm respectively. The month of July is considered as both the driest and the coldest with the average rainfall amounting to 5mm while the temperatures average to 22.8°C. The county has a bimodal rainfall pattern with the long rains occurring between March and May and the short rains taking place between October and December with a peak in November. The wettest month is November registering an average rainfall of 121mm.The warmest month of the year is March with a recorded average temperature of 27.2 °C. The dry spells are experienced between January and February and also between August and September. The precipitation varies 116 mm between the driest month and the wettest month. The average temperatures vary during the year by 4.4 °C. The annual potential evaporation (Eo) ranges from 12 00 to 2 100 mm. The climate graph of Voi Town is represented below: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 24 Zamconsult Consulting Engineers Ltd. Figure 3-2: Climate graph for Voi Town The climatic condition of Taveta Town is similar to that of the larger Taita Taveta County. Taveta Town 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. This, coupled with the cooler temperatures, makes the highlands have more potential for the production of horticultural crops, maize and beans. The lowland areas, which are mainly ASAL, are only suitable for planting of crops with short gestation period like sorghum, millet and maize varieties. The average rainfall ranges from 400 mm in the hinterland to over 1200 mm. 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. Here are the average temperatures. Table 3-1: Taveta - Average temperatures Febru Mar Apr Jun Septemb Novemb Decemb January ary ch il May e July August er October er er Avg. 24.9 25.3 25.3 24.1 22.6 21.3 20.6 21 22 23.5 24.4 24.6 Temperature (°C) Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 25 Zamconsult Consulting Engineers Ltd. Febru Mar Apr Jun Septemb Novemb Decemb January ary ch il May e July August er October er er Min. 17.9 18.1 18.8 18.9 18.1 16.5 15.6 15.5 15.7 16.8 17.8 18 Temperature (°C) Max. 32 32.5 31.8 29.4 27.1 26.2 25.6 26.5 28.4 30.2 31 31.2 Temperature (°C) Avg. 76.8 77.5 77.5 75.4 72.7 70.3 69.1 69.8 71.6 74.3 75.9 76.3 Temperature (°F) Min. 64.2 64.6 65.8 66.0 64.6 61.7 60.1 59.9 60.3 62.2 64.0 64.4 Temperature (°F) Max. 89.6 90.5 89.2 84.9 80.8 79.2 78.1 79.7 83.1 86.4 87.8 88.2 Temperature (°F) Here is the average precipitation. Table 3-2: Taveta - Average precipitation January February March April May June July August September October November Decembe Precipitation 39 41 93 153 79 15 9 7 8 26 87 59 / Rainfall (mm) Topography Voi is located at latitude -3,3833 (322'59.988"S) and longitude 38,5667 (3834'0.120"E). The town is situated at the foot of two hills (Mwakingali in the North and Mwangea in the South). It is located at an altitude of 627 meters above the sea level. The landscape is therefore gentle sloping. The highlands of the County are experiences high human population pressure and ongoing down-slope migration into the agro-Sahel (semi and lowlands). The larger part of Voi is covered by the Tsavo East National Parks thus further restricting settlements in the lowlands and creating an additional problem, the human-wildlife conflict. The study areas lie on one of the three major geographical regions of Taita Taveta County i.e. the lowlands (Tsavo National Parks and rangelands) and bordered by the mountainous Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 26 Zamconsult Consulting Engineers Ltd. zone of the Taita Hills (Kasigau, Sagala and Taita Ranges). To the east side of the airstrip lies the Tsavo East nation park while to the western lies the Sagala hills. Figure 3-3: Topography of Voi Town. Terrain indicated by contour lines. Taveta Town on the other hand, is situated at the foot of Mount Kilimanjaro on sloping planes and is therefore prone to soil erosion. Gullies developing within the Town are a common occurrence. The altitude of the sub-county varies between 700m above sea level in the lowlands to 1,004m above sea level for the highlands, giving two distinct climatic characteristics, with the hills experiencing lower temperatures compared to the lower zones. The major geologic formation of the Town is lateritic stone which makes excavation of pit latrines and septic tanks very difficult. Geology and Soils Taita Taveta County is underlain by the Precambrian basements system of rocks consisting mainly of crystalline limestones, gneisses and sedimentary rocks (alluvial sediments). The sedimentary rocks are found almond River Voi and other seasonal streams. The limestones are used majorly for construction purposes. The alluvial soils contain distinctive young soils with fertility being moderate to high. There are three predominant soils in the county comprising of sandy loam, sandy clay loams and loam sandy soils. Sandy clay loams are found along River Voi while Loam sandy soil is found in areas occupied by the Voi sisal Estate Company. The soils are vulnerable to soil erosion, have a low water holding capacity and low soil fertility. Food Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 27 Zamconsult Consulting Engineers Ltd. crops such as maize, cassava, cowpeas, pigeon peas, green grans, sweet potatoes, tomatoes and sorghum are grown at a subsistence level. The Taita hills (Sagala, Taita and Kasigau) are block-faulted basement (crystalline) rocks in the Mozambique belt composed of Precambrian paragneisses from metamorphosed politic arenaceous and calcareous sediments from about 290 to 180 million years ago. The dominant soils are cambisols and originate from weathered gneiss and are often gravely to sandy–loamy and shallow and are well drained and moderately fertile. On steep slopes and transitional zones the dominant soil types are Regosols, which are shallow soils, have high permeability and low water holding capacity. The rocks in Taveta Town are divided into three groups; • Mozambique Belt (Basement system) – Is poorly exposed, outcrops confined to the inselbergs and few dry river valleys and gullies. • Tertiary volcanic – Consists of lava flows, some of which have erupted from Mt. Kilimanjaro, others from subsidiary vents on the plains. May be divided into; Rombo series which the following succession: Kijabe type Basalts and olivine soda trachytes Melanocratic basalts with olivine and augite phenocrysts Dense basalts Lavas and ashes of subsidiary cones – lavas extruded from volcanoes on The plains and consists of essentially vesicular olivine basalts. • Pleistocene and Recent Deposits Includes calcareous tuffaceous grits, lacustrine deposits at Lake Jipe, alluvium along the Tsavo River and Secondary Limestone around Salaita and between Salaita and Vilima Viwili. Drainage The Sewerage System for Taveta Town has been developed based on drainage areas. A drainage area refers to a natural boundary within which the topography permits convergence of surface water flow to a single point at a lower elevation. The entire study area of Taveta Town has a definite topography and thus, resulting to a single drainage area. Based on the projected land use, population and water demand (including suppressed conditions) as detailed in the previous Chapters, the sewage generated (Dry Weather Flow) at the various design horizons by Drainage area including BOD5 is given in the table below Table 3-3: Summary of Sewage and BOD5 Generated per Drainage Area Coverage (Ha) Year 2025 Year 2040 DWF (m³/d) BoD₅ (mg/l) DWF (m³/d) BoD₅ (mg/l) 2,986 1,900 490 4,000 513 Voi is mainly drained by the seasonal River Voi which originate from the Taita Hills flows into Aruba dam in Tsavo East National Park.The town is also drained by several Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 28 Zamconsult Consulting Engineers Ltd. seasonal streams. The River floods during the rainy seasons (March to May and November to December). Figure 3-4: River Voi relative location to Voi town. Biodiversity Taita Taveta County has total area of forest is currently 10,233.62 ha. Statistics on private forests are not available. They consist of exotic tree plantations and bush land but also pockets of indigenous forests. Of the total area, 41.5% are indigenous forests, 12% exotic forests, 1% contains endemic species and 46% are bush land. The biodiversity of Taveta is majorly regular flora and fauna with most of the vegetation including shrubs: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 29 Zamconsult Consulting Engineers Ltd. Figure 3-5: Mathenge shrub in Taveta Voi and its surrounding lowlands is covered mainly by an Arid and semi-arid lands vegetation: - grass, wood and shrubs composed of savanna species in some of the places where the where the groundwater table is high, riverine/permanent wetland vegetation types occur. Due to its location in the west and east of the Tsavo East national park some of the endemic bird species can be spotted but mainly the fauna comprises of domestic animals. The main livestock breeds in the town include; beef cattle, sheep, goats, poultry. Beekeeping takes place around the drier lowlands. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 30 Zamconsult Consulting Engineers Ltd. Figure 3-6: Acacia shrubs are common in the county. 3.3 SOCIO-ECONOMIC INFRASTRUCTURE Population Dynamics & Household Characteristics The population of Taita Taveta was 284,657 in the 2009 population census which placed females at 139,323 and males at 145,334. Urban population was 22% or 64,285 people. In 2012, the estimated urban population was 78,201 which amounted to 25.5 percent of projected population 306,203. There are about 150 market centres serving as agricultural and livestock products market outlets. Below is a table showing the population per constituency in Taita Taveta County. Table 3-4: Population per constituency Constituency Area in Sq. Km Population (2009 Census) Taveta 3,501.8 67,665 Wundanyi 701.2 56,021 Voi 3,269.0 87,803 Total 17,083.9 284,657 The Voi constituency population according to the 2009 Kenya Population and Housing Census is estimated to 86801 in an area covering approximately 3,269 square kilometers. 44418 of the population are male while 42383 are female. The estimated Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 31 Zamconsult Consulting Engineers Ltd. population below 15 years, above 64 years and the working ages of 15 years to 64 years was 38.0%, 4.7% and 53.7% respectively. 35.4% of the population is estimated to have migrated to Voi from Taita-Taveta, 29.2% are estimated to be originally born in Voi, 14.6% are estimated to have originated from other coastal regions while 20.8% are estimated to have migrated from other parts of the country. Education Taita Taveta County has over 425 Early Childhood Development Education centres, 260 primary schools with an estimated population of 56,988, and 85 public secondary schools. The transition rate from primary to secondary school is however quite low at 67.5% as at 2010. The Taita Taveta University College, a public university, and the Coast Institute of Technology and Bura Teachers Training Collage are among the higher education institutions found in the County in addition to various private colleges. The County has 14 government-assisted youth polytechnics, eight community sponsored youth polytechnics and one private youth polytechnic which train youth on various skills To improve education standards, the County governments has put in place various initiatives to ensure the situation improves. These include employing more teachers, providing teaching and learning facilities. The County government also invites private education providers to supplement the efforts of the County government by establishing private schools and colleges. Voi constituency has 94 schools in total, 75 being primary schools and 19 secondary schools. All these schools have, naturally, a wide range of quality education. Religion and Culture Majority of the population constitutes of Christians, who amount to approximately 72.9% of the population while the remaining 27.1% is composed of Muslim. The people in this community have different ways of life as a result of their customs and traditions. The culture of the people is shown through:- 3.3.3.1 Festivals Harvest: Festivals were held after something special has taken place like good harvest/music competition. Child birth: Ceremonies are held to mark a major event like birth, naming of a baby, initiation, marriage or death. Child Naming: The birth of the child was considered a major event. People come with gifts to see the new-born baby and special food and drinks are made and this child is blessed. The children are named after their dead relatives, naming after relatives, according to season depending on when the time the child is born – like Mwanjala (born Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 32 Zamconsult Consulting Engineers Ltd. during drought), Wamvua (born during the rainy season), Tabu (born during troubles), Mwashimba (born when lions were seen). Initiation: Initiation is a rite of passage from childhood to adulthood. After circumcision one starts being treated as an adult and one had to change his or her behaviour completely. Mostly they learn how to behave as responsible members of the community. Both boys and girls were circumcised using knives, we call it Kuchwa in Taita language. But today the circumcision of girls is discouraged because it affects their health and education. Currently the boys are taken to hospital. This helps the spread of diseases such as HIV/AIDS. 3.3.3.2 Dress Sometimes back ancestors (living dead) used to wear skins from goats or sheep. They were used to cover the lower part of body. Some used to wear the barks of big trees. Most woman used banana leaves as a woman respective attire. There is also a mode of dressing meant for woman called Mahando. This was worn during traditional dances and it is made from sisal. 3.3.3.3 Dance The traditional dance is called Kirindi in Taita language. They used instruments, live horns (Nderera), whistle (Firimbi), jingles (Njuga), Mwazindika (a drum made with a hollow trunk of tree covered with skin on top and bottom. Figure 3-7: Mwazindika Drums. A key component of the Mwazindika dance. 3.3.3.4 Houses The traditional houses walls were made from mud and the roofs were made of grass. The house itself is round shaped and has a kingpost which is located at the centre to support the other wooden pieces which were tied round the house to create space for Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 33 Zamconsult Consulting Engineers Ltd. the grass to be thatched through. In these houses they used hides as their beddings and also they used them as chairs (hides). 3.3.3.5 Farming The Taita people used to grow maize, peas, cowpeas, green grams, cassava, sweet potatoes, yarms, pumpkins, bananas, millet, water melons, orange trees, avocado, guavas, locots, and wild passion fruit. They also kept cows, goats, sheep, camels, and donkey. They used the animals for food, transport, traditional medication, and dowry. The person who kept many cattle was considered to be rich. Early means of transport were canoes, foot and some used park animals to carry their goods. 3.3.3.6 Lifestyle of the of the Taita people Traditionally, one of the most important aspects of Taita tribal culture was male circumcision. Circumcision was considered an important ritual in training young boys, normally aged between 7 and 11 years, to take on more adult responsibilities. Traditional circumcision no longer takes place in most parts of Taita, as many parents opt to have the operation done in a hospital. One very unique aspect of Taita culture is the respect accorded to the dead. In the past, when a person died, they were buried for a period of about one year, at which time their body would be exhumed. The skull would be severed from the rest of the body and taken to a sacred cave - their "proper" abode with the ancestors. While this is no longer practiced today, the caves where the skulls can still be found are treated as sacred in many parts of Taita. 3.3.3.7 Taitas and Music The Taita people have always enjoyed expressing themselves through music. They had many interesting forms of traditional dance, the most fascinating of which was the pepo spirit-possession dance called Mwazindika. The Tavetas also have a dance called Urwasi pictured below. This and other traditional dances have since died off and are now only performed during national holidays. Members of the Taita tribe are, however, still very talented musically. The late Fadhili Williams of the hit song Malaika was one of many recent Taita musicians. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 34 Zamconsult Consulting Engineers Ltd. Figure 3-8: Taveta Traditional Dance – Urwasi. Dance perfumed to Taveta Sub-County visitors. Health Taita Taveta County has three County hospitals (Moi, Wesu and Taveta), 8 health centres and 25 dispensaries supported by GOK. There are also a number of NGO supported dispensaries namely Wusi, Wutesia, Bura Mission, Vighombonyi and Eldoro Mission and three others are managed by the sisal estates, namely Teita Estate Sisal clinic, Ziwani Sisal Clinic and Taveta Sisal Clinic. Accessibility of health services is, however low. Majority of the population live over 10 kilometres to the nearest health facility. Accessibility of health services is, however low. Most of the facilities are characterized by shortage of staff with doctor patient ratio stands at 1: 41,000. The common morbidity diseases in Voi town in order of importance are malaria which is caused by poor drainage system, accidents as the town is located along the busy Mombasa- Nairobi highway, Anaemia, Enteristis, Pneumonia, Hypertension, Pulmonary tuberculosis, Mental disorders, Febrile convulsions and Abortion. Most common mortality diseases in order of importance include Anaemia, Dehydration, Neoplasm, Pneumonia, Immunosuppression, Kwashiorkor, Diabetes mellitus, Malaria, Convulsions and Pharyngitis. HIV/AIDs Issues According to the records available at the Ministry of Health, bed occupancy from HIV/AIDS related illnesses stands at 60% in Voi constituency. The HIV/AIDS prevalence stands at 14.3% with the most affected persons between the age groups of 15 to 40 years. This age group covers the economically active segment of the labour force. The alarming rate of new infections is attributed to the community cultural beliefs and poverty levels. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 35 Zamconsult Consulting Engineers Ltd. Energy Sources On energy, 7.7 per cent of total households in the County use have access to electricity for lighting. Many households therefore use firewood, charcoal and Kerosene. This is however expected to change with the ongoing Rural Electrification programme. The County has embarked on a street light programme in all the major town and rural centres. This will not only enhance security but enable local people to participate in a 24 hours economy. Administration and Political Units The Taita Taveta County has four constituencies - Wundanyi, Mwatate, Voi and Taveta. There are also 20 electoral wards distributed across the four constituencies. In 2013, the Independent Boundaries and Elections Commission – IEBC –records had112, 219 registered voters. This County comprises of the following units: County Administration; Town Administration. In the advent of devolution, the coordination of service provision has been possible at the sub-counties, Towns, Wards and village levels through: • Establishment of Sub-county and Ward offices. • Establishment of Town committees and Administration structures. Voi Constituency covers Voi and Tausa divisions. There are three local authorities in the County. These are Voi Municipal Council, Taveta Town Council and Taita Taveta County Council, with a total of thirty-four electoral wards. The borders of Voi Township, however, were drawn back in 1932, the centre point being the Voi railway station in Voi, from where a full circle with 1-mile radius was drawn. It is clear that these administrative boundaries no longer serve their original purpose, because Voi has grown well outside the circle. Statistics based on administrative boundaries should thus be used with caution. Taveta has the following wards which are under the leadership of Members of the county assembly of Taita Taveta; Chala, Bomani, Mahoo, Mata, Mboghoni. Waste Disposal & Sanitation Aspect Solid waste generated in the County is categorized under trade, industrial, municipal, agricultural, institution, domestic, construction debris and waste from mining operations. The towns in the county lacks installed receptacles for solid waste disposal. At domestic level, solid waste is mainly managed by use of refuse pits that are then burnt or composted. In urban centres, the business of handling solid wastes is vested to the local authorities but due to insufficient dump trucks to collect the solid waste most of it ends up scattered along roadways, waterways and settlement areas. Collected solid waste by the municipal refuse collection services is disposed of in open dumpsites. In health institutions, bio hazardous wastes are managed by crude burning. The towns also lack a Municipal sewer system, therefore, waste water generated in the house from kitchen, bathroom as well as water closets is disposed of via septic tanks and soak pits which are individually owned. Majority of the residents use pit latrines of average depths of 6 to 10 feet and discharge the waste into shallow trenches. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 36 Zamconsult Consulting Engineers Ltd. Settlement Patterns and Housing The indigenous people of Taveta are the Taitas. Taitas migrated from Central Africa alongside other Bantu tribes, arriving in present day Kenya from the south through Shungwaya before finally settling in the fertile Taita hills. However, Taveta is now cosmopolitan. Their chief neighbours are the Maasai. In the urban setting, it is estimated that some 75% of the total population of Voi town lives in informal settlements. Of the total housing units in Voi, 70% are constructed of temporary materials. A big squatter settlement can be found, for example, just a few kilometers west from Voi, in the land belonging to Mwatate Sisal Estates. In the urban setting, it is estimated that 75% of the total population of Voi town lives in informal settlements (VMC 1995:5). The majority of the migrants settle in informal settlements, because the rents is affordable, and also because there is no formal low-income housing available (VMC 1995). Furthermore, the majority of Voi's population are from Taita and Sagala tribes. Although each settlement has its distinctive characteristics, common characteristics shared by all informal settlements in Voi are (1) insecurity of tenure, (2) lack of planning, (3) lack of infrastructure (e.g. roads, water pipes, drainage systems, toilets, waste collection, electricity), (4) poor environmental condition, (5) lack of public facilities (schools, dispensaries), and (6) unemployment and poverty. Poverty Taita Taveta County has an absolute rural level of poverty of 66% contributing 1.26% to national poverty. One of the biggest obstacles for development in the developing county is rapid population growth. This, together with continuing poverty and a lack of basic needs for an acceptable life (e.g. food, clean water, shelter, basic health care, security of tenure) imposes a great challenge for sustainable development. The worst affected by poverty in the county include the aged, the disabled, small holders with less than 0.05 ha, landless and squatters, children, and female headed households. The distribution of poverty in the County is biased towards the marginal farming areas of Tausa, Mwatate, and Voi divisions. Poverty is a major challenge to the demographic parameters in the county. Due to high poverty levels, the poor are not in a position to afford essential drugs, or transport to the nearest health facility, or a balanced diet. This contributes also to reduction in life expectancy and increase crude death rates, infant and under five mortality rates. Socio- Economic Activities and Land Use Patterns Taveta is a market place for the agricultural and meat products from the fertile Taita Hills as well as other surrounding areas but industries are non-existent. Its Town centre consists of mostly general stores, shops, markets, kiosks and a few hotels. It also has branches of major banks like KCB, Cooperative Bank, Equity Bank and Barclays Bank. It is a major Tourist Centre and several lodges and hotels have sprung up in Taveta Town due to its proximity to the Tanzania Border. Owing to the harsh climatic conditions of Voi, which is occasionally affected by drought, food crops such as maize beans and pulse are grown for subsistence. Cassava is also Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 37 Zamconsult Consulting Engineers Ltd. grown to supplement maize. Sisal is the main cash crop grown at the Voi sisal estate. The estate also practice fruit, beef, dairy and vegetable production to diversify and reduce reliance on sisal production alone. Livestock farming concentrates on Zebu breeds due to their better tolerance of prevailing harsh conditions, climate and diseases. The average milk production is low and milk is consumed locally. Most of the local residents depend on farm employment in the sisal estate to earn their living. Voi is characterized with small scale enterprises that are geared to the needs and income of the local people and are mainly dependent on local markets. These include motor vehicles garages, tuk-tuk drivers, Jua Kali workshops, carpentry workshops, supermarkets, wholesale shops, timber yards, retail shops/Kiosks, hotels/food kiosks, saloons, hawking among others. Voi town centre is the market place for the agricultural produces and meat from the fertile environs of Taita Hills and surrounding areas. It has a vast selection of hotel lodges and resorts which host tourists visiting to go for safaris’ at the Tsavo National park. Voi is favored as a stopping place by the truck drivers travelling between Mombasa and Nairobi. Buses operating on the Nairobi-Mombasa route also drive through the town, bringing much activity and business for the hawkers. The table below shows the statistics generated in a report prepared by Kenya National Bureau of Statistics (KNBS) and Society of International Development-East Africa (SID) in 2013 of the relationship between employment and the education level of the Voi population. Table 3-5: Employment Characteristics in Voi. Employment Statistics Education Work Family Family Intern/ Retired/ Fulltime Incapa No Number of level for Businesses. Agricultural Volunteer Homemaker Student citated work individuals Pay. Holdings. 30.5 13.1 15.6 1.3 19.5 10.9 0.7 8.6 47418 Employment and Education Level Statistics. Total 30.5 13.1 15.6 1.3 19.5 10.9 0.7 8.6 47418 None 20.8 11 24.8 2.3 30.4 0.7 2.6 7.5 4660 Primary 26.7 12.3 17.8 1.2 21.9 10.2 0.5 9.3 24715 Secondary 38.1 14.6 10.2 1.3 13.4 14.4 0.3 7.8 18043 Out of the 17,059.1 Sq. Km (4.3M acres) of total County land, the total agricultural land is approximately 10,630 Sq. Km (2.7M acres) of which 2,055 Km (508,000 acres) is arable. The rest is rangeland suitable for livestock rearing. The National park covers 10,650 Sq. Km (2.7M acres). Water bodies mainly Lake Challa and Lake Jipe cover approximately 16 Sq. Km (3,954 acres). The remaining 22% of land is used for settlement and agricultural activities. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 38 Zamconsult Consulting Engineers Ltd. Figure 3-9: Sisal Farming in Taita Taveta County Transport Taita Taveta County is served by 1,713 kms of roads. Of the total road network 199km is bitumen, 138.2km is gravel and 663km is earth roads. The main bitumen roads are A109 -Bachuma to Mtito Andei (150 Km), Voi-Mwatate -Wundanyi (42Km) and C105 Voi loop (6Km). The County and National governments are focussing on improving the road network. Currently the Mwatate Taveta road is under construction while other local roads are to be rehabilitated using the newly acquired County road construction equipment. Two railway lines transverse the County; the Nairobi – Mombasa railway line with stations in Maungu, Voi and Manyani and the 96 km Voi – Taveta line with stations at Mwatate, Bura and Mwakitau which is however not in operation. The proposed standard gauge railway also passes through the County with Voi Town earmarked to have one of the stations. There are 17 airstrips in the County with 6 located in Taveta, 5 in Voi and 6 in Mwatate. Plans are underway to upgrade Taveta and IKanga Airstrips so as to boost travel for tourism and businesses. Situated strategically, Voi lies at the crossroads of the Nairobi-Mombasa highway (A109) and the road leading to Taita Hills. Voi town also lies along the A23 road which links Kenya to the Tanzanian boarder. Both A109 and A23 are bituminous roads. G1, G2, G3 and K662 are gravel roads serving Voi town and its environs. Most access roads have earth surfaces which pose accessibility challenges during the rainy seasons. Voi is an old railway hub at the junction of the feeder Kenya-Uganda railway line to Taveta, Kenya and Arusha, Tanzania. It also has a major railway station at Kasarani area for the Mombasa-Nairobi standard gauge railway line. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 39 Zamconsult Consulting Engineers Ltd. Voi town has two airstrips at Ikanga and Voi Safari Lodge Hotel. The first airstrip operates under the Ministry of Transport and Communications while the second operates under the African Tours and Hotels. The main transportation system in Taveta is by road. The types of roads in the locality range from bitumen roads, gravel roads to earth roads. There are plans to improve the transport system in Taveta with the following being part of the plans. • Upgrading of Major roads to bitumen standard. • Routine maintenance and spot improvement. • Construction of Footbridges. • Revival of the Voi-Taveta railway line • Expansion and upgrading of local airstrips in Voi and Taveta Posts and Communication On mobile telephone services, the coverage stands at 41% of the County. This is however expected to improve as mobile providers continue laying their infrastructure in various parts of the County Internet usage amongst the population at 1.2 per cent but its growth is rising fast due to the adoption of smart phones that offer internet connectivity. On electronic media, aside from the nationwide offerings by the national broadcaster, Kenya Broadcasting Corporation (KBC) and Standard groups’ Radio Maisha which cover most of the County, there are two local FM stations namely Mwanedu and Anguo which broadcast in local languages. Other FM stations include Sifa FM, Milele FM, Capital FM, and Radio Jambo amongst others. Financial Institutions 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 Microfinance Institutions (MFIs) operating in the County. Other institutions offering financial services in the County include Kenya Post Office Savings Bank (Postbank), which has branches situated in each of the four major sub-County towns, and 27 Savings and Credit Cooperative (SACCO) societies. To enhance access to financial services, the County government is encouraging financial institutions to opens outlets at Mashinani. Commerce and Industry 3.3.15.1 Industrial Activities Around the project areas most of the local people depend on farm employment to earn their living. Some depend on small-scale enterprise/industries to earn a living. Taita Taveta at large is characterized with small –scale enterprises that are geared to the needs and income of the local people and are mainly dependent on local markets. Taita Taveta county processing and fabricating industries are therefore mainly agricultural based. Industrial activities are distributed mainly in the urban centres in the form of Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 40 Zamconsult Consulting Engineers Ltd. production and service industries. The production embraces processing activities e.g. Jua Kali and sisal processing, processing of mining products and construction industry. The service industry comprises of, for instance, banking, insurance, and the hotel/lodge/restaurant trade. Although the County has different geological resources namely, minerals, rocks and sand. Mining is done in the lowlands, where especially harvesting of gemstone attracts mainly people from outside the County 3.3.15.2 Trade There are different types of trade going on in the Voi town, which includes motor vehicles garages, Jua Kali workshops, carpentry workshops, supermarkets, wholesale shops, timber yards, retail shops/Kiosks, hotels/food kiosks, saloons and hawking among others. Some of the project areas are characterized with very few business activities almost to none. Two Kilometres from the Ikanga airstrip towards Voi is one hotel, Coco cola distributers and one motel. As you progress toward Voi town the number of business tends to increase. The potentials of economic activities are not fully exploited due to several setbacks, mainly poverty, low investment opportunities, poor infrastructure, marketing problems, land tenure and lack of adequate management and entrepreneurial skills. Furthermore, poor marketing guidance and channelling, lack of business-orientation and the poor co- operatives management are constraining Trade Development Land Use Taveta is the third largest Town in Taita Taveta County after Taveta and Wundanyi respectively. Taveta is a cross border Town between Kenya and Tanzania. It also serves as a custom base for Kenya Revenue Authority. Previous studies indicated that the poor state of roads in Taveta Town caused difficulties in accessing the Town and resulted to staggered commercial activities. This contrasts with early 1980s and 1990s when Taveta market was quite vibrant and the Town easily accessible by road and railway. The on-going upgrading of the Holili- Mwatate-Taveta road is expected to increase the vibrancy of the Town. A study was also conducted to identify the social and environmental impact of the Arusha-Holili/Taveta-Taveta Road Project. The study indicated that the Project has a great potential to promote regional integration, minimize the cost of transportation, create employment opportunities, improve access to social services, increase agricultural productivity, minimize traffic congestion and improve transport safety and comfort. Planning actions have been evident in Taveta Town. The Town has been among the Towns in Taita Taveta County which have benefited from the preparation of the Taita Taveta first County Integrated Development Plan. One of the programmes incorporated in the plan is the street lighting programme for Taveta Towns, Taveta, Mwatate amongst other Towns in Taita Taveta County (Republic of Kenya, 2013). The purpose of the Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 41 Zamconsult Consulting Engineers Ltd. project was to enhance urban security. The plan also proposed provision of a Sewerage System in Taveta Town. Taveta Town has two zones borrowing the transport analysis concept of Uniform Analysis Zones (UAZ); Taveta North and Taveta South. The railway separates the two zones. Other factors which have determined the Town’s zoning are: Sub locations, administrative, physical features as well as the current development pattern of Taveta Town. Upgrading of the Arusha-Holili-Taveta Road will contribute to developments along the areas which the road passes through. The Holili border point will also boost growth of trans-boundary tourism, cross border trade among other benefits. Taveta Town is expected to grow towards the north in future. Efforts to expand the Town are evident since 4900 acres of land previously covered by a sisal plantation has been acquired by the Town council of Taveta to facilitate expansion of Taveta Town. A buffer is provided in areas which the Holili-Mwatate-Taveta road passes through. At present, commercial land use in Taveta is concentrated along the transport routes in a linear pattern with agricultural land use concentrated in the outskirts of the town. Undeveloped land use has the highest coverage. It covers 1,206.91ha which represents 43.17% of the land. It’s then followed by agricultural whose coverage is 949.25ha. The least land use is public purpose. It covers 14.61 ha. Table below shows a summary of existing Land Use of Taveta Town. Table 3-6: Table Summary of Existing Land Use Land Use Area (ha.) Percentage Residential 577.29 20.65 Educational/Institutional 25.45 0.9 Public /Special purposes 14.61 0.52 Commercial 22.48 0.80 Agriculture 949.25 33.95 Undeveloped 1206.91 43.17 Total 2795.99 100% The main drivers of growth in Taveta Town are as follows: 3.3.16.1 Infrastructure A key infrastructural improvement which is being undertaken in Taveta at present is the upgrading of the Holili-Mwatate-Taveta Road. The road section is 114km long. This road links Kenya and Tanzania and is expected to enhance cross border trade and trans-boundary tourism. It will also create employment opportunities for the local community, boost agricultural productivity and improve access to social services among other benefits. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 42 Zamconsult Consulting Engineers Ltd. 3.3.16.2 Holili Border Point The one stop border point is aimed at increasing efficiency by minimizing time consumption and transportation costs incurred while crossing from one County to another. The one stop border point will promote cross border trade since it will minimize the cost of trade. It will therefore play a key role in boosting the economy of Taveta Town. 3.3.16.3 Agriculture It’s the main economic activity in Taveta Town. The sisal plantation has created employment opportunities to the local community. It’s also a source of government revenue. Other crops within the Town are maize among others. Upgrading of the Holili- Mwatate-Taveta road will boost the agricultural sector since it will minimize the transportation cost as follows: The factors constraining the Town’s growth are: a. Sisal Plantation - A big sisal plantation located at the western part of the town limits its growth. b. Swampy Grounds - Swampy grounds are evident at the southern part of the Town towards Elboro. This has limited growth of the Town towards the south. Figure 3-10: Existing Land Use Map of Taveta Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 43 Zamconsult Consulting Engineers Ltd. Tourism Tsavo East and Tsavo West National Parks have been key players of the Kenya tourism circuit for many decades. The main tourist attraction remains the big five found in large numbers in the Tsavo National Park. Other tourist attractions include; The Lugard Falls, Aruba dam, Yatta Plateau – a birdwatchers paradise, Rock Climbing, historical and cultural sites. The County has ensured security is maintained within the park. Voi and Taveta are a major tourist hub. They neighbour the world famous Tsavo East National Park one entrance to the park is near Voi town. It is home to resorts, hotels and lodges which host tourist who visit for ‘safaris’ at Tsavo East National Park. Some of the well-known hotels are; Ndololo Camp, Voi Safari Lodge, Voi Wildlife Lodge, Swahili Dishes, New Distar Hotel and Leopards Lodge. Figure 3-11: Wildebeest in the Tsavo. Figure 3-12: Zebras in the Tsavo. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 44 Zamconsult Consulting Engineers Ltd. 3.4 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY The socio-economic situation of the area was captured based on findings of a household survey carried out using a structured questionnaire. A sample group of approximately 50 households for each project site, selected through random sampling was interviewed for purposes of the analysis. In total, 400 households were interviewed. Population dynamics and household characteristics The average household size is 4 people. The general trend shows that most of the people fall in the 19-35 and 6-18 age groups, showing that the area is predominantly made up of young families. Figure 3.6 shows the population age brackets. Figure 3-13: Age Distribution of the Population Source: Survey data. Literacy levels were as follows: - Primary level 36%, Secondary level 29%, college /university 20% and no education at all 15%. Therefore, the areas have average literacy levels, which is common in peri-urban settings. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 45 Zamconsult Consulting Engineers Ltd. Figure 3-14: Household Literacy Level Source: Survey data. Christianity is the predominant religion in the area with 73% of the population professing the faith. Figure 3-15: Religion of the Population Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 46 Zamconsult Consulting Engineers Ltd. Charcoal is the main source of energy used by the community with 47% of the population depending on it. Other fuel sources are firewood, kerosene, electricity and LPG gas as represented below. Figure 3-16: Sources of Energy Source: Survey data. Being that the project area is in the peri-urban area, business and formal employment are the main socio-economic activities with 44% and 31% respectively. The other socio- economic activities are shown below: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 47 Zamconsult Consulting Engineers Ltd. Figure 3-17: Household Socio-Economic Activities Source: Survey data. The household conducting business constitutes 44% of the total population. The most popular business in the area is the Jua Kali industry comprising of 39% of the enterprising population. 19% have shops while 23% are in the Bodaboda industry. Other businesses are shown in the figure below. Figure 3-18: Business types in the project area Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 48 Zamconsult Consulting Engineers Ltd. Source: Survey data. Most of the populations’ income lies between Kshs. 0 and 30,000. This is attributable to the area having businesses and formal employees in various tourist amenities. Figure 3-19: Household Income per Month Source: Survey data. Water Supply The project areas majorly receive piped water either through public taps or private taps provided by TAVEVO as shown below. Figure 3-20: Main Sources of Water for the Community Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 49 Zamconsult Consulting Engineers Ltd. Source: Survey data. Majority of the population pays for water with 100% of the sampled population paying for water, with the population paying both a monthly bill to TAVEVO as well as often paying local vendors for jerrycans of water. The rates for water are shown in the figures below: Figure 3-21: Percentage Population Paying for Water Source: Survey data. Figure 3-22: Amount paid per 20 litre jerry can Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 50 Zamconsult Consulting Engineers Ltd. Source: Survey Data The water quality is generally good with 92% of the respondents indicating that the water quality is good. The rest of the population find the water quality to be fair as represented below. Figure 3-23: General Status of the Water Quality Source: Survey data. In addition the frequency of receiving water is mostly on a daily basis as shown in the statistics below: Figure 3-24: Frequency of fetching water Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 51 Zamconsult Consulting Engineers Ltd. Source: Survey Data Sanitation The methods used by the population to dispose refuse are distributed as follows: 43% burning their waste, 24% make arrangements for the council to collect it, 23% burn their waste, and 8% dump in open areas. The chart below shows the waste disposal figuratively. Figure 3-25: Common Waste Disposal Methods Source: Survey data. 100% of the households interviewed have access to a toilet. This is understandable due to the peri-urban nature of the project areas. Most of the respondents have a private septic tank as the area lacks a comprehensive sewerage system. Figure 3-26: Respondents Who Have Toilets in Their Compound Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 52 Zamconsult Consulting Engineers Ltd. Source: Survey data. Figure 3-27: Types of Toilets Respondents Have in Their Compound Source: Survey data. Environmental Situation The environmental concerns in the area include water shortage, mosquitos and malaria spread, overgrazing, drought, poor sanitation, invasive species, solid wastes generation, among others as shown in the figure below. Figure 3-28: Environmental Issues of Concern Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 53 Zamconsult Consulting Engineers Ltd. There are a number of environmental conservation initiatives in the area such as tree planting, educating the public on environmental conservation, construction of toilets and clearing of mosquito breeding sites and others such and collection of solid wastes. Figure 3-29: Environmental Conservation Initiatives Source: Survey data. These activities are carried out by youth groups, the county council, individuals, women groups, NGOs, and CBOs in no particular order, as indicated in the figure below. Figure 3-30: Implementers of Environmental Conservation Initiative Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 54 Zamconsult Consulting Engineers Ltd. 70% of the population feel that the sanitation project will help conserve the environment due to the reduced raw sewage making its way to the Indian Ocean, while only 30% feel that it will not. Figure 3-31: Will the Sanitation Project help in conserving the Environment Source: Survey data. Health Status The prevalent diseases in the area are malaria, diarrhoea, cholera and respiratory infections most of which are water based. In addition, no major water-borne disease outbreaks have been experienced in the recent past. Figure 3-32: Prevalence of Diseases in the Area Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 55 Zamconsult Consulting Engineers Ltd. Source: Survey data. Almost all the respondents when sick, seek medical attention from a health centre. Figure 3-33: Type of Treatment Source: Survey data. The health facilities sought by the local population are mainly public-owned health facilities. Figure 3-34: Ownership Status of the Health Facilities. Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 56 Zamconsult Consulting Engineers Ltd. In such a peri-urban setting, the health centres are located nearby with majority located less than 3Km away as shown in the figure below. Figure 3-35: Distance to the Health Facilities. Source: Survey data. The level of HIV/AIDS awareness is high. 100% of the population is aware of HIV/AIDS. Figure 3-36: Level of Awareness on HIV/AIDS Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 57 Zamconsult Consulting Engineers Ltd. Source: Survey data. Information about HIV/AIDS is mainly got from the media, family members and friends, health workers, and NGOs/CBOs. Figure 3-37: Source of information on HIV/AIDS Source: Survey data. 27% of the respondents have been affected by the disease, either directly or indirectly. The high rate within the project areas may be due to the fact that the area is highly influenced by the tourism in the area. The affected population is treated as a vulnerable group due to the stigmatization of the scourge, and can be assisted by provision of Counselling services and/or ARVs during the project duration. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 58 Zamconsult Consulting Engineers Ltd. Figure 3-38: Household Members affected by HIV/AIDS Source: Survey data. 92% of the respondents feel that HIV/AIDS can be prevented while a small fraction of the population 6% don’t know whether anything can be done to prevent it. Figure 3-39: Knowledge on whether HIV/AIDS can be prevented Source: Survey data. 98% of the respondents know where to go for voluntary counselling and testing for HIV/AIDS, which reflects positively on the awareness of HIV/AIDS and its repercussions. Figure 3-40: Respondents who know where to go to for Voluntary HIV/AIDS Testing Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 59 Zamconsult Consulting Engineers Ltd. Source: Survey data. The Project A greater percentage of the residents -55% are aware of the proposed project as shown in the figure below Figure 3-41: Public Awareness of the Intended Construction of the Facility Source: Survey data. 82% of the respondents perceived that the construction of the sanitation facility will bring positive impacts. Figure 3-42: Perceived Impact of the Sanitation Project Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 60 Zamconsult Consulting Engineers Ltd. The positive impacts expected include improved hygiene, employment opportunities and reduced cases of waterborne diseases among others as shown below. Figure 3-43: Positive Impacts of the Proposed Project Source: Survey data. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 61 Zamconsult Consulting Engineers Ltd. CONSULTATION It is a right of key stakeholders in any project to be consulted and informed about a particular development that will affect them in a positive or negative way. Their input will ensure any possible modifications are be done prior to the establishment of any development project in order for the project to best serve its intended purpose. In lie with that, there are legal requirements regarding public involvement in projects as briefly outlined below. 4.1 LEGAL REQUIREMENTS Government Policy on Public Consultation The overall objective of the Government is to involve communities in policy formulation and implementation at the local level. More specifically, the Community Action Planning Programme objective is to put in place a durable system of intra-community co- operation through collective action, which creates communal discussion forums for the implementation of development activities. 4.2 PERSONS OR AGENCIES CONSULTED The fundamental issue of concern in the community sanitation projects within developing nations will always relate to the availability of water within the project areas before offering any sanitation services. In addition, other key issues of such a project include pollution, biodiversity loss, community safety, communicable diseases and employment and trade opportunities. Efforts were made to contact all with the information on the following issues; ✓ Assessment of the baseline environmental and social conditions. ✓ Consideration of feasible and environmentally & socially preferable alternatives. ✓ Requirements under Kenya country laws and regulations, World Bank Guidelines and applicable international treaties and agreements. ✓ Protection of human rights and community health, safety and security (including risks, impacts and management of project’s use of security personnel). ✓ Protection and conservation of biodiversity. ✓ Sustainable management and use of renewable natural resources (including sustainable resource management through appropriate independent certification systems). ✓ Use and management of dangerous substances and major hazards assessment. ✓ Labour issues (including the four core labour standards), and occupational health and safety. ✓ Socio-economic impacts & fire prevention and life safety. ✓ Impacts on affected communities, and disadvantaged or vulnerable groups. ✓ Cumulative impacts of existing projects, the proposed project, and anticipated future projects. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 62 Zamconsult Consulting Engineers Ltd. ✓ Consultation and participation of affected parties in the design, review and implementation of the project. ✓ Efficient production, delivery and use of energy. ✓ Pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. With that, a cross section of persons were consulted in Taita Taveta as indicated below. Key Informants Consulted Table 4-1: Cross section of persons/agencies consulted No. Name Office Designation Contacts 1. Mr. Patrick Wadu TAVEVO - Voi Project Coordinator +254711234286 2. Ms. Joan Lavoga Department for Environmental +254724274557 Lands, Officer Environment and Natural Resources 3. Mr. Suleiman Voi Sub-County Sub-County Public +254726131681 Juma Public Health Health Officer Office 4. Mrs. Rachael Sub County Chief Education +254713718259 Mwarigha Ministry of Officer Education Office 5. Mr. Chrispus TAVEVO - Taveta Acting Branch +254728273948 Mwambogha Manager 6. Mr. Charles District Public Sub-County Public +254725797538 Sarino Mrombo Health Office Health Officer Overview from the TAVEVO WSDP-Project Coordinator The Project Coordinator welcomed the consultants and assured them that all the sites had been secured and that they were under the public utility parcels belonging to the County Government of Taita Taveta. He explained to the consultant that the parcels were obtained through close cooperation between the WSP and various County Government agencies such as the Public Health Ministry, the Lands as well as the Environmental Departments. Overview from the Environmental Officer The Environmental Officer welcomed the consultant and stated that it would be wise to consider constructing an ablution block at the junction not far away from Caltex, where buses stop and since the point is a major transport hub. This point was ideal in her own view since there could also be business for the toilets from the various small Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 63 Zamconsult Consulting Engineers Ltd. shops/’Vibandas’ as well as the trailers that have a parking bay near the same point. Regarding the impacts expected from the project, the officer noted that dust was already a major issue in Voi Town hence the construction of the sanitary facilities should put adequate measures such as sprinkling of water to ensure that a no more dust is generated from the projects. Furthermore, she insisted that noise emanating from construction activities should be put in check and all sites should be cordoned off from the public. She further went ahead to mention that solid and liquid waste management has been a point of concern in most construction projects in Voi hence a detailed EMP should be formulated to deal with the menace. The environmental officer was also keen to point out that the environmental effects of the project during the operation phase should also be handled including timely emptying of the septic tanks, good landscaping and in case water is recycled, proper treatment should be done in order to maintain the ecosystem. In addition, environmental audits and inspections should be done throughout the lifespan of the project and no natural vegetation should be cleared unless it is necessary. Overview from the Voi Sub-County Public Health Officer The Sub-County Public Health Officer stressed on the need for the ablution block facility at Maungu as the area totally lacked such a facility despite being a major market and transport hub. He couldn’t overemphasize the humiliation that people undergo while relieving themselves in the public, a notorious case in Maungu. The officer pointed out some of the initiatives geared at improving the overall sanitation of the area to include open defecation free villages. This, however, doesn’t apply to the market areas hence posing health risks such as diarrhoea and stomach upsets/abdominal pains. Some other concerns raised by the officer include that the area of sanitary facilities has been neglected also in various institutions such as banks, salons etc. In fact, severe cases of diarrhoea (600-700 cases per month) have been reported in Voi sub-county both for the over 5yr and under 5yr old. Other cases experienced in the area include typhoid, fever, dysentery and intestinal worm infection, which are the rationale behind the officer fully supporting the project. Overview from the Voi Sub-County Chief Education Officer The Voi Sub-County Chief Education Officer welcomed the consultant and stated that there are a few schools in need of such a facility in Voi such as the Voi Primary School. However, due to the operational requirements of such a facility, the officer was quick to point out that in case the ablution block facility is installed in a learning institution, it shouldn’t interfere with the process of learning and hence should not be open to the public. Matters of concern in case the facility is open to the public include the fact that it would pose a security threat to school property, expose the students to diseases and infiltration of drugs would pose a social concern. She also stated that the sustainability of such a facility would be a challenge due to the water needs of the project. Due to this fact, she proposed that either the facility is changed to be pit latrines or the cost implication on the learning institutions could be taken care of by the sinking of a Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 64 Zamconsult Consulting Engineers Ltd. borehole to run the project. In addition, she preferred that if the project is implemented, it should be done during the holidays in order not to affect learning. Overview from the Taveta Sub-County, TAVEVO Acting Branch Manager The acting manager warmly welcomed the consultant stating that such a project was very important to the people of Taveta. He went on to state that the public participation component was crucial and for the area at hand, he advised the consultant to involve the local administration in sensitizing the public on the project benefits and adverse impacts. He emphasized that the views of the “wazee wa nyumba kumi” were highly respected and hence they should be sought for and addressed. Regarding the water situation in the area, the acting manager stated that the New Town area lacked piped water, but Bahati and Bura Ndogo B areas were well connected. Further, he stated that connected areas received water on a daily basis, apart from some periods during the rainy season where R.Lumi, the source of water for the town, overflows ending up silting the spring which makes it hard for extracting the water for the town. As such, he added that all areas without an adequate water supply were supplemented by the use of water boozers. Also, the Bura Ndogo B, Bahati,Taveta Town, Lang’ata and parts of California areas are also supplied with water from boreholes which are treated (chlorinated) hence contain freshwater. In terms of sanitation, the acting manager stated that the area was generally a faecal- free zone since there were adequate toilets in people’s residences within the area. He reiterated the importance of the sanitation project but also pointed that the Operation and Maintenance of the project should emulate the one for the toilet at the Bus Park, which was under TAVEVO as opposed to the poorly maintained municipality toilets within the town. Overview from the Taveta Sub-County Public Health Officer The Sub-County Public Health Officer reiterated the importance of involving the Public Health Officer in siting the various alternatives for the location of the proposed facilities. Further, he stated that slum areas in Bura Ndogo lacked enough sanitary facilities hence open defecation was common. Some of the measures taken by the public health office in improving the state of sanitation in the town include the use of community-led total sanitation, which was receptive in the rural areas, whereas the urban areas had unique challenges that necessitated a different approach. He stated that some of the water-borne/sanitation diseases included diarrhoea especially for children under the age of 5-years-old. Other initiatives taken by the department include health education, water treatment eg boiling, and treatment of wells through chlorine obtained from their department. Regarding the reception of the PHO Department initiatives by the public, the PHO stated that the community receptiveness was low and required involvement of the public and local administration i.e., a multi-agency approach. This would assist in proper waste and wastewater management before the situation is quelled when the County will bring a proper sewerage system. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 65 Zamconsult Consulting Engineers Ltd. The community on the other hand has created community health units that involve the public through community health volunteers to link the community with health personnel, although the initiative has not been entirely effective. As such, he proposed that the county should provide incentives to boost the morale of volunteers. 4.3 STAKEHOLDER CONSULTATIONS The Consultant conducted four public consultation meetings in the project area following written and verbal communication with the local administration, ward administrators as well as the TAVEVO representatives. Meetings were held within the proposed project sites as represented in the table below. The locals had a major concern about the availability of water in the area and preferred a water project instead of the sanitation project. Further, the suitability of the Kariokor site was in question as it was not clear the target catchment of people for the site. The public fully supported all the other proposed projects at their proposed sites but rejected the Kariokor site, proposing other possibilities such as the Voi Primary School where it would capture the needs of the growing student population in the institution. In Wundanyi, one of the two proposed sites acquired public approval while the other site for the ablution block was not ideal. Below is a table showing the summary of meetings conducted by the consultant. Records of the meetings are presented in Appendix B. Table 4-2: Summary of the meetings held VOI SUB-COUNTY Meeting Location Date Scope 1. Voi CDF Hall 19th Sept 2018 -Caltex AB (9.53 am) -Moi Stadium AB -Kariokor AB -Kaloleni SHF 2. Maungu Resource 20th Sept 2018 -Maungu AB Centre (11.00 am) 3. Wundanyi Mkt 13th December Wundanyi AB 2018 (9.30am) TAVETA SUB-COUNTY 4. Bura Ndogo B CBO 9th December 2018 - Bura Ndogo B – AB Hall (3.00 pm) -New Market AB 5. Railways Complex 10th December - New Market AB 2018 (11.00 am) -Taveta New Town SDB Note: The consultations undertaken and records presented in Appendix B encompassed all sanitation works project scope of 8 No. ablution blocks and 2 No. sludge handling facilities. However, this ESIA covers only the 6 No. ablution blocks as follows: 1No. at Maungu, 2No. in Voi town, 1No at Wundanyi and 2no in Taveta town in Taita Taveta County. The remaining scope of 2 no. ablution blocks and 2no. sludge treatment plants will be covered by a separate ESIA and if necessary, a Resettlement Action Plan. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 66 Zamconsult Consulting Engineers Ltd. Figure 4-1: Consultant addressing the public at Voi CDF Hall. Figure 4-2: Public response to the Voi Township sanitation facility projects Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 67 Zamconsult Consulting Engineers Ltd. Figure 4-3: Response to the Bura Ndogo B ablution block project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 68 Zamconsult Consulting Engineers Ltd. ALTERNATIVES TO THE PROJECT This section highlights all alternatives that could have been considered during the design of the ablution block projects, including the different locations, environmental considerations as well as the technology employed in the design. The situation on the ground warrants the presence of the public facilities especially in the areas identified as high traffic public areas notably near bus stops, markets, transport zones and schools with the lack of, inadequate or dysfunctional facilities. 5.1 NO ACTION ALTERNATIVE – being a small-scale localized community project, the ablution blocks project is prone to be inclined to social benefits rather than economic benefits. This is because it is intended to be beneficial to the community rather than improve the overall economy of the project area. According to the design report, the project is meant to sustain itself both in operation and maintenance phases. As such, indirect economic benefit will occur to the community members selected to run the project as they will benefit by way of jobs. In addition, the massive traffic that lacks washroom facilities will benefit and not pollute the environment by using dubious means to relieve themselves such as open defecation. 5.2 DESIGN ALTERNATIVE – two aspects of design could have been considered in the overall design of the ablution block as described below: • Different design for the ablution blocks targeted solely for the education institutions. This owes to the fact that the running of such a facility is different from that which is open to the public. A facility accessible to the public targets people who can pay a certain fee whose proceeds are meant to maintain the facility. A facility in an education institution for instance may access its running costs by charging the students a certain fee per term which may be included in their school fee. Also, the design of such a facility that targets a large education institution does not require additional features such as a store, shop or an office. Instead, such provisions should be modified to give additional toilet facilities to cater for the intermittent periods when a large volumes of students seek access to the facility. • There could be a provision to separate black water from grey water generated by the facility. This would also require dual plumbing, a significant increase in the initial cost. The grey water could be reused especially for flashing the toilets. As such, the running costs of such a facility are likely to reduce by a significant margin. In addition, there is an option for commercial grey water treatment systems which are too expensive to treat ablution water expected to be produced at the proposed projects, in comparison to paying for piped water from the local WSP. Such a typical system would include a sand trap, an ablution water collection tank, a filtration unit, chlorination chute, and treated water collection tank. Treatment and reuse is automated using submersible pumps and timers. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 69 Zamconsult Consulting Engineers Ltd. • The voice of the public in addition to public health officers indicated that the English-type of toilet proposed in the project is risky in terms of spread of infections as a precautionary measure since the hygiene standards of public facilities are questionable in various cases. As such, it could be wise to alter two of the toilets to be the Asian/squatting type, while leaving one to cater for the old people as well as those with special needs. 5.3 SITE ALTERNATIVE –The sites for the project were determined by the Taita Taveta County Government in conjunction with the WSP (TAVEVO). In order to avoid unnecessary RAP issues, the proposed parcels fell under public utility land. However, there were occasional cases whereby the proposed locations were unsuitable for a number of reasons, the most significant being the intended catchment may not be sufficient for the self-sustenance of the project. As such, in consultation with the public and other stakeholders, it was deemed necessary for such projects to be relocated in other suitable areas. Such is the case with the proposed Kariokor municipal grounds that the public’s opinion revealed that the area was majorly residential and almost all, if not all the residents in that area had a toilet facility in their compounds. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 70 Zamconsult Consulting Engineers Ltd. RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK There are many laws and regulations governing issues of environmental concern in Kenya. The principal National legislation is the Environmental Management & Coordination Act Cap 387 typically referred to as EMCA. EMCA empowers stakeholders to participate in sustainable management of the natural resources. It calls for Environmental and Social Impact assessment (ESIA) (under Section 58) to guide the implementation of environmentally sound decisions. Projects likely to cause environmental impacts require that an environmental impact assessment study to be carried out. It is under this provision that the current study is being undertaken. The following is an outline of the legislative, policy and regulatory framework for which the Proponent shall observe and implement in an effort to comply with Environmental Sustainability. 6.1 THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT (EMCA) The Act covers virtually all diverse environmental issues which require a holistic and coordinated approach towards its protection and preservation for the present generation without compromising the interests of the future generation to enjoy the same. Consequently, the Act provides for the legal regime to regulate, manage, protect and conserve biological diversity resources and access to genetic resources, wetlands, forests, marine and freshwater resources and the ozone layer to name a few. The Environmental Management and Coordination Act (EMCA) harmonizes the various requirements of the other existing laws and regulations by stipulating that where the provisions of any existing law conflicts with itself, then the provisions of the EMCA shall prevail. This way, the EMCA is able to minimize any conflicts in enforcement of the various environmental laws and regulations as applied to the relevant sectors. EMCA represents the culmination of a series of initiatives and activities coordinated by Government and stakeholders. It accentuates the right of every person in Kenya to live in a clean and healthy environment and obliges each and every one to safeguard and enhance the environment. It is the master plan for the environment in Kenya and contains a National Environment Policy, Framework Environmental Legislation and Environmental Strategy. The Act consists of Sectoral Plans for the medium and long term intended to lead to sustainable development in the country. EMCA puts special emphasis on environmental management, pollutions and nuisances, and the necessity to safeguard the well-being of the populations. The second schedule of EMCA stipulates that an EIA is required for: • Any structure of a scale not in keeping with its surrounding • Waste disposal works such as sites for solid waste disposal. • Works emitting offensive odours Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 71 Zamconsult Consulting Engineers Ltd. The financing institutions (The World Bank through its IFC branch) have also developed a policy on social and environmental sustainability that calls for positive development outcomes in the public and private sector. In order to achieve this, the World Bank has set up performance standards on environmental and social sustainability as well as general and industry specific environmental, health and safety guidelines against which projects are reviewed. The thrust of the standards is to ensure that projects financed by the bank are developed in a manner that is socially responsible and reflect sound environmental management practices. Environmental and Social Impact Assessments (ESIAs) are carried out in order to identify potential positive and negative impacts associated with a proposed project. The aim is to amplify the positive impacts and develop mitigation measures for the negative ones. The ESIA also ensures that baseline environmental and socio-economic data for the proposed project is collected and used in the design of projects financed by the bank. Also, this data is used for monitoring and evaluating project impacts during the project cycle. It is a requirement by both NEMA and the World Bank that a clear management plan and action plan that describes and prioritizes the actions required implementing mitigation measures are put in place. The government of Kenya has established regulations to facilitate the process on ESIAs and environmental audits. The regulations are contained in Kenya Gazette Supplement No. 56, legislative, Supplement No.31, Legal Notice No.101 of 13th June 2003 and Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2009. In Kenya, it is a legal requirement that any proposed project of the scale described in this report should undergo an Environmental and Social Impact Assessment. These requirements are stipulated in the Environmental Management and Coordination Act (EMCA 1999) and EIA/EA Regulations 2003. This section outlines the Policy, Legal and Institutional framework pertaining to the proposed development project. 6.2 THE ENVIRONMENT MANAGEMENT AND COORDINATION ACT (EMCA) CAP 387 AND ITS TOOLS The most pertinent and overriding statute that will be evoked is the Environmental Management and Coordination Act (EMCA Cap 387 -2012 revised version of EMCA 1999). EMCA 1999 was enacted in 2000 to harmonize environmental legislation previously scattered among 77 national laws. As the principal environmental legislation in Kenya, EMCA sets the legal framework for environmental management basically as follows: 6.2.1.1 Requirement for Environmental Impact Assessments for all new projects Section 58 of the Environmental Law requires that an Environmental Impact Assessment (EIA) study precede all development activities proposed to be implemented in Kenya. The Act further requires that EIA studies so designed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 72 Zamconsult Consulting Engineers Ltd. Gazette Supplement No. 56 of 13th June 2003) as published by the National Environmental Management Authority (NEMA). It is for this reason that CWWDA instructed the consultant to carry out an environmental and social impact assessment on the project. CWWDA ensures that for all proposed projects an environmental and social impact assessment is carried out 6.2.1.2 Requirement for Annual Environmental Audits In order to mitigate and control environmental damage from ongoing projects, Sections 68 and 69 of the EMCA require that all ongoing projects be subjected to annual environmental audits as further expounded in Regulation 35 (1) and (2) of Legal Notice 101 of June 2003. CWWDA is committed in ensuring environmental safeguard and requires consultants to submit quarterly and annual environmental audit reports for all on-going projects. The Environmental Impact Assessment is guided by the Environmental Management and Co-ordination Act, 1999 through the National Environment Management Authority (NEMA). The preparation of the EIA study and subsequent approval procedures are set out in the EIA Study, legal notice 101 of 2003. According to the regulations, an EIA study should incorporate but not limited to the following:- ❖ The proposed location of the project ❖ The objective of the project ❖ The technology, procedures and process to be used in the implementation of the project. ❖ The materials to be used in the construction and implementation of the project. ❖ The products and by-products and waste generated by the project. ❖ The environmental effects of the project including the socio-cultural impacts, effects and direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated. ❖ A concise description of national environmental legislative and regulatory framework, baseline information and any other information related to the project. ❖ A description of the potentially affected environment. ❖ Alternative technologies and processes available and reasons for preferring the chosen technology and processes. ❖ An analysis of alternatives including project sites, design and technologies and reasons for preferring the proposed site, design and technologies. ❖ An Environmental management plan proposing the measures for eliminating , minimizing or mitigating adverse impacts on the environment, including the cost, time frame and responsibility to implement the measures. ❖ The provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the cause of carrying out activities. ❖ The measures to prevent health hazards and to ensure security in the working environment for the employees and for the management of emergencies. ❖ An identification of gaps in the knowledge and uncertainties which were encountered in compiling the information. ❖ An economic and social analysis of the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 73 Zamconsult Consulting Engineers Ltd. ❖ An indication of whether the environment of any other state is likely to be affected and the available alternative and mitigating measures. Environmental Impact Assessment and Audit Regulation 2003 (Legal Notice 101 of 2003) Environmental Impact Assessment is a tool for environmental conservation and has been identified as a key component in on-going project execution. Section 58 of the Environmental Management and Coordination Act (EMCA Cap 387), Second Schedule 12(c & e), and Environmental (Impact Assessment and Audit) Regulation 2003, stipulate that both new and old projects must undergo Environmental Impact Assessment and Audits. This is necessary as many forms of developmental activities cause damage to the environment and hence the greatest challenge today is to maintain sustainable development without interfering with the environment. There are many environmental problems and challenges in Kenya today among them land degradation, water management and environmental pollution. This is aggravated by lack of awareness and inadequate information amongst the public on the consequences of their interaction with the environment. According to Kenya Subsidiary Legislation, 2003 part V of the EIA and EA regulation, provides for environment Audit and monitoring. The policy recommends the need for enhanced reuse/recycling of residues including waste water and use of non-waste technologies. It recommends participation of stakeholders in the management of wastes within their localities. It encourages better planning in both urban and rural areas and provision of basic needs such as water, drainage and waste disposal facilities. The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2013 (Gazette Notice No. 13211 of 2013) Pursuant to regulation 48 of the Environmental (Impact Assessment and Audit) Regulations, 2003, as read with paragraph 4 of the fifth schedule thereof. The Environmental Impact Assessment fees payable has been reviewed as follows: The EIA fees required for submission of EIA reports to NEMA for review and approval in order to obtain a NEMA license have been scrapped off. Water Quality Regulations (2006) Water Quality Regulations apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes. Different standards apply to different modes of usage. These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. Everyone is required to refrain from any actions, which directly or indirectly cause water pollution, whether or not the water resource was polluted before the enactment of the Environmental Management and Coordination Act (EMCA) gazetted in 1999. It is an offence to contravene the provisions of these regulations with a fine not exceeding five hundred thousand shillings. According to these regulations, “Every person shall refrain from any action which directly or indirectly causes, or may cause immediate or subsequent water pollution, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 74 Zamconsult Consulting Engineers Ltd. and it shall be immaterial whether or not the water resource was polluted before the enactment of the Act”. The Environmental Management and Coordination (waste management) Regulation, 2006 The Waste Management Regulations are meant to streamline the handling, transportation and disposal of various types of waste. The aim of the Waste Management Regulations is to protect human health and the environment. The regulations place emphasis on waste minimization, cleaner production and segregation of waste at source. The regulation requires licensing of transporters of wastes and operators of disposal site (sections 7 and 10 respectively). In section 14 (1) every trade or industrial undertaking is obliged to install anti- pollution equipment for the treatment of waste emanating from such trade or industrial undertaking. The Developer shall ensure that the garbage collector contracted has a valid license from the National Environment Management Authority (NEMA). EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 These Regulations determine that no person or activity shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. In determining whether noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered: • Time of the day; • Proximity to residential area; • Whether the noise is recurrent, intermittent or constant; • The level and intensity of the noise; • Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and, • Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise. These regulations also relate noise to its vibration effects and seek to ensure no harmful vibrations are caused by controlling the level of noise. Any person(s) intending to undertake activities in which noise is suspected to be injurious or endangers the comfort, repose, health or safety of others and the environment must make an application to NEMA and acquire a license subject to payment of requisite fees and meeting the license conditions. Failure to comply with these regulations attracts a fine of KES 350,000 or 18 months jail term or both. Environmental Management and Coordination (Air Quality) Regulations, 2014 The objective of these Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. The general prohibitions state that no person shall cause the emission of air pollutants listed under Second Schedule (Priority air pollutants) to exceed the ambient air quality levels as required stipulated under the provisions of the Seventh Schedule (Emission limits for controlled and non- controlled facilities) and First Schedule (Ambient air quality tolerance limits). Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 75 Zamconsult Consulting Engineers Ltd. 6.3 WATER ACT 2016 This Act is an update of the Water Act of 2002. It makes provision for the provision of clean and safe water in adequate quantities and to reasonable standards of sanitation for all citizens. The Act highlights the fact that the area service provider TAVEVO will be under the jurisdiction of the County, in accordance to the regulations set out by the Water Services Regulatory Board. This regulatory board will also determine the water tariffs in the area. This Act will particularly impact the operation of the project, highlighting the roles of the major stakeholders in the operation of the facilities. 6.4 THE PUBLIC HEALTH ACT (CAP. 242) Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance. Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances The Act addresses matters of sanitation, hygiene and general environmental health and safety. 6.5 THE LAND ACT, NO. 6 OF 2012 Under section 19. (1) The Commission shall make rules and regulations for the sustainable conservation of land based natural resources. (2) Without limiting what the Commission may prescribe under subsection (1), the rules and regulations may contain; (a) Measures to protect critical ecosystems and habitats; (b) Incentives for communities and individuals to invest in income generating natural resource conservation programmes; (c) Measures to facilitate the access, use and co- management of forests, water and other resources by communities who have customary rights to these recourses; (d) Procedures for the registration of natural resources in an appropriate register; (e) Procedures on the involvement of stakeholders in the management and utilization of land- based natural resources; and (f) Measures to ensure benefit sharing to the affected communities. Land registration under land act, 2012 Under section 5 (1) of the land act, 2012 there shall be the following forms of land tenure- (a) Freehold; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 76 Zamconsult Consulting Engineers Ltd. (b) Leasehold; (c) Such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and (d) Customary land rights, where consistent with the Constitution. (2) There shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Title to land may be acquired through; (a) Allocation; (b) Land adjudication process; (c) Compulsory acquisition; (d) Prescription; (e) Settlement programs; (f) Transmissions; (g) Transfers; (h) long term leases exceeding twenty one years created out of private land; or (i) Any other manner prescribed in an Act of Parliament. Under section 8 (a), the Land Commission shall identify public land, prepare and keep a database of all public land, which shall be geo-referenced and authenticated by the statutory body responsible for survey; (d) May require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument. Section 9 (1) states that any land may be converted from one category to another in accordance with the provisions of this Act or any other written law. (2) Without prejudice to the generality of subsection (1); (a) Public land may be converted to private land by alienation; (b) Subject to public needs or in the interest of defence, public safety, public order, public morality, public health, or land use planning, public land may be converted to community land; (c) Private land may be converted to public land by; i. Compulsory acquisition; ii. Reversion of leasehold interest to Government after the expiry of a lease; and iii. Transfers; or iv. Surrender. (d) Community land may be converted to either private or public land in accordance with the law relating to community land enacted pursuant to Article 63(5) of the Constitution. (3) Any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or county assembly as the case may be. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 77 Zamconsult Consulting Engineers Ltd. Way leaves under land act, 2012 Subject to and in accordance with section143 (1) and section 146, the Commission may, create a right of way which shall be known as public right of way. 144.(1) Unless the Commission is proposing on its own motion to create a way leave, an application, for the creation of a way leave, shall be made by any State department, or the county government, or public authority or corporate body, to the Commission. (2) An application shall be made in the prescribed form and shall be accompanied by any prescribed information or other information that the Commission may, in writing require the applicant to supply and the Commission shall not begin the process of creating a way leave until all prescribed or required information has been submitted to it. (3) In order to enable a proposed way leave to be created by the Commission of its own motion to comply with the provisions of this section, the Commission shall complete an application form as if it were applying to create a way leave and references to "the applicant" in this Sub-part in relation to an application to create a way leave shall be taken to apply as well to the Commission. (4) The applicant shall serve a notice on: - (a) all persons occupying land over which the proposed way leave is to be created, including persons occupying land in accordance with customary pastoral rights; (b) The county government in whose area of jurisdiction land over which the proposed way leave is to be created is located; (c) All persons in actual occupation of land in an urban and per-urban area over which the proposed way leave is to be created; and (d) Any other interested person. (5) The Commission shall publish the application along the route of the proposed way leave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed way leave is likely to be created. A county government, an association, or any group of persons may make an application to the commission for a communal right of way on accordance to section 145 (1). Land acquisition under land acts 2012 Under section 110 (1) of Land Acts 2012 Land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfilment of the stated public purpose. Part 2 of this section states that if, after land has been compulsorily acquired the public purpose or interest justifying the compulsory acquisition fails or ceases, the Commission may offer the original owners or their successors in title pre-emptive rights to re-acquire the land, upon restitution to the acquiring authority the full amount paid as compensation. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 78 Zamconsult Consulting Engineers Ltd. Section 111 (1) states that if land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The commission shall make rules to regulate the assessment of just compensation. Likewise, where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to section 113 (1). (2) Subject to Article 40 (2) of the Constitution and section 122 and 128 of this Act, an award- (a) Shall be final and conclusive evidence of- ❖ The size of the land to be acquired; ❖ The value, in the opinion of the Commission, of the land; ❖ The amount of the compensation payable, whether the persons interested in the land have or have not appeared at the inquiry; and (b) Shall not be invalidated by reason only of a discrepancy which may thereafter be found to exist between the area specified in the award and the actual area of the land. Section 124 of the Act allows for the temporary acquisition of land for public purpose or public interest; or for, the possession of the land is necessary in the interests of defence, public safety, public order, public morality, public health, urban planning, or the development or utilization of any property in such manner as to promote the public benefit; for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before as per section 125. The compensation to be paid under section 120 shall be limited to the damage done to trees, plants, growing crops and permanent improvements on the land, together with a periodical sum for diminution in the profits of the land and of adjoining land by reason of that use. 148. (1) Subject to the provisions of this section, compensation shall be payable to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a way leave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer. (2) Compensation relating to a way leave or communal right of way shall not be paid to a public body unless there is a demonstrable interference of the use of the land by that public body. (3) Damage caused as a result of the creation of a way leave shall include any preliminary work undertaken in connection with surveying or determining the route of that way leave, and whether the trees, crops or buildings so damaged were included in the route of the way leave as delineated in the order of the Cabinet Secretary. (4) The duty to pay compensation payable under this section shall lie with the State Department, county government, public authority or corporate body that applied for the public right of way and that duty shall be complied with promptly. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 79 Zamconsult Consulting Engineers Ltd. (5) If the person entitled to compensation under this section and the body under a duty to pay that compensation are unable to agree on the amount or method of payment of that compensation or if the person entitled to compensation is dissatisfied with the time taken to pay compensation, to make, negotiate or process an offer of compensation, that person may apply to the Court to determine the amount and method of payment of compensation and the Court in making any award may, make any additional costs and inconvenience incurred by the person entitled to compensation . (5) The Commission shall make Regulations prescribing the criteria to be applied in the payment of compensation under this section and to give effect to this section. 6.6 THE CONSTITUTION OF KENYA 2010 Environmental obligations and rights Article 42 states that every person has the right to a clean and healthy environment, which includes the right; (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) To have obligations relating to the environment fulfilled under Article 70. Section 43 (d) every person has the right to clean and safe water in adequate quantities; Under Article 69 (1) The State shall — (a) Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) Encourage public participation in the management, protection and conservation of the environment; (e) Protect genetic resources and biological diversity; (f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) Eliminate processes and activities that are likely to endanger the environment; and (h) Utilise the environment and natural resources for the benefit of the people of Kenya. (2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. 70. (1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 80 Zamconsult Consulting Engineers Ltd. infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate –– (a) to prevent, stop or discontinue any act or omission that is harmful to the environment; (b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) To provide compensation for any victim of a violation of the right to a clean and healthy environment. (3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury. Classification of land Under Article 61 (1) all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals. (2) Land in Kenya is classified as public, community or private. 62. (1) Public land is (a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date; (b) Land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private lease; (c) Land transferred to the State by way of sale, reversion or surrender; (d) Land in respect of which no individual or community ownership can be established by any legal process; (e) Land in respect of which no heir can be identified by any legal process (f) All minerals and mineral oils as defined by law; (g) government forests other than forests to which Article 63 (2)(d) (i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas; (h) All roads and thoroughfares provided for by an Act of Parliament; (i) All rivers, lakes and other water bodies as defined by an act of parliament; (j) The territorial sea, the exclusive economic zone and the sea bed; (k) The continental shelf; (l) All land between the high and low water marks; (m) Any land not classified as private or community land under this Constitution; and (n) Any other land declared to be public land by an Act of Parliament; (i) in force at the effective date; or (ii) enacted after the effective date. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 81 Zamconsult Consulting Engineers Ltd. (4) Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use. Section 63 (1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. (3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held. (4) Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively. 64. Private land consists of; (a) registered land held by any person under any freehold tenure; (b) Land held by any person under leasehold tenure; and (c) Any other land declared private land under an Act of Parliament. 6.7 THE NATIONAL MUSEUMS AND HERITAGE ACT, 2006 This is an act of parliament to provide for the establishment, control, management and development of national museums and the identification, protection, conservation and transmission of the cultural and natural heritage of Kenya. Due to the project area’s rich and diverse history and background, there might be historical and cultural sites which may be affected. However, it should be noted that during the ESIA no historical or cultural heritage sites were identified, however there is still a possibility of uncovering buried heritage sites that will need to be preserved, or moved taking into account their value. The chance find procedures presented in appendix 11.3 of this report taken into account this act for its implementation. 6.8 LEGAL FRAMEWORK OF THE GOK IN REGARD TO LAND OWNERSHIP AND TRANSACTIONS Land Ownership in Kenya Kenyan law recognises three categories of land in Kenya subsequent to which, basic or radical title vests either in the Government for Government land, registered owners in the case of titles granted by the Government; and in the County government for both community land and registered titles derived from former Trust land. 6.8.1.1 Public Land Land that previously vested in the Regions was relocated to the Government of Kenya in 1964 and this situation continues to this date. Government land includes all un-alienated government land held and occupied by government agencies, territorial sea and sea bed, all public roads whether gazetted or not and land that remained un-adjudicated under the Land Titles Act (Cap.282). With the promulgation of the new constitution in 2010, the land previously classified as government land is now classified as public land as elaborated in section 6.6.2 above. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 82 Zamconsult Consulting Engineers Ltd. 6.8.1.2 Community land Article 63 of the 2010 constitution provides that community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. Community lands include those lawfully held in the name of group representatives, lands lawfully transferred to a specific community and any other land declared to be community land by any Act of parliament. It will also include lands lawfully held, managed or used by specific communities as community forests, grazing areas or shrines and ancestral lands and lands traditionally occupied by hunter gatherer communities. 6.8.1.3 Private land Private land is all land with registered title in accordance with any registration statute. Under the National Constitution, all land is vested with the Government and occupants of private land only enjoy usage rights either under lease or freehold arrangements. Section 70 of the Constitution of Kenya recognizes and protects the right to private property including land. Legal Provision Governing Voluntary Land Transactions in Kenya Towards safeguarding this unalienable constitutional right, legal provisions on land registration and ownership have been put in place as follows: 6.8.2.1 Forests Act 2005 All state forests in Kenya were gazetted under Cap 383 but are now protected under the Forest Act 2005. The Forest Act allows for several avenues towards accessing and use of forestland: ❖ Under the Forest Act, a piece of forest land can be de-gazetted and converted to other uses. Forest Act however requires all de-Gazettement of forest land to be discussed and approved by Parliament. All de-gazetted land then reverts to the Commissioner of Lands who then proceeds to allocate in line with the Land Control Act. ❖ Under the Forest Act 2005, forestland can also be leased for use for other purposes provided that such use does not contradict the purpose for land reservation. ❖ The same Act also allows for Participatory Management of Forests and thus guarantees communities (under auspices of Community Forest Associations) rights to access and utilize certain forest goods and services. 6.8.2.2 Wildlife Conservation and Management Act of 2013: Nature Reserves and National Parks are controlled by the Kenya Wildlife Service under the Wildlife Conservation and Management Act of 2013. The common feature with all land reserved for use by wildlife is that its conversion to any other form must be approved by parliament. 6.8.2.3 Museums and National Monuments: Quite often, sites of historical and cultural importance are gazetted and reserved under the Museums and National Monuments Act. Such land is never available for alternative uses. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 83 Zamconsult Consulting Engineers Ltd. 6.8.2.4 Riparian Reserves and Water Courses: All riparian reserves in Kenya governed by the Water Act of 2016 which empowers the Water Resources Authority (WRA) to define, conserve and regulate activity in riparian areas. 6.8.2.5 Road reserves All road reserves are public land reserved under the Physical and Land Use Planning Act, 2019 . Road Reserves are unique as public utility lands where all infrastructure lines such as for water supply and sanitation, power and telecommunication will be found. 6.8.2.6 Community Lands Management of community land is elaborated in the Community Land Act of 2016. According to article 26 of the act, a community may set aside part of community land for public purposes. 6.8.2.7 Private Land: Transactions in private land in Kenya is regulated as defined in the Constitution of Kenya Chapter Five on Land and Environment and the relevant Acts of Parliament. Legal Provision for Involuntary Land Acquisition in Kenya The Kenyan law has an explicit provision for expropriation of land under any of three categories. In Kenya, expropriation is provided for in the Constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. Section 75(1) provides that the Government can take possession of private land if this is necessary in the interest of town planning among other public interests, or if the development and utilization of the said land is to promote public benefit: a) The development and utilization of the property will promote public benefit among other things. b) The necessity for expropriation is great enough to justify any hardship caused to any persons c) Law for prompt payment of full compensation makes the provision 6.9 THE HIV AND AIDS PREVENTION AND CONTROL ACT This Act commenced in March of 2009. It is an Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the protection and promotion of public health and for the appropriate treatment, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and for connected purposes. The object and purpose of this Act is to- (a) Promote public awareness about the causes, modes of transmission, consequences, means of 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 by- Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 84 Zamconsult Consulting Engineers Ltd. • Prohibiting compulsory HIV testing save as provided in this Act; • Guaranteeing the right to privacy of the individual; • Outlawing discrimination in all its forms and subtleties against persons with or persons perceived or suspected of having HIV and AIDS; • Ensuring the provision of basic health care and social services for persons infected with HIV and AIDS; (c) Promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission; and (d) Positively address and seek to eradicate conditions that aggravate the spread of HIV infection. In this Act, unless the context otherwise requires- "Acquired Immune Deficiency Syndrome (AIDS)" means a condition characterized by a combination of signs and symptoms, resulting from depletion of the immune system caused by infection with the Human Immuno- Deficiency Virus (HIV); "anonymous testing" means an HIV testing procedure whereby the person being tested does not reveal his true identity but instead, an identifying number or symbol is used which allows the testing center and the tested person to match the test results with the identifying number or symbol; "Human Immunodeficiency Virus (HIV)" means the virus which causes AIDS; "Person with HIV and AIDS" means a person whose HIV test indicates, directly or indirectly, that he is infected with HIV and AIDS; "Positive", in relation to the result of an HIV test, means a result which shows that the person who is tested is infected with HIV or which shows evidence of such infection; "Post exposure prophylaxis" means the administration of one or a combination of anti- retroviral drugs after probable exposure to HIV, for the purpose of preventing transmission; "post-test counseling" refers to the process of providing a person who submitted themselves for an HIV test with risk-reduction information and emotional support at the time the test result is released; "pre-test counseling" means the process of providing a person, before such person undergoes an HIV test, with information on the biomedical aspects of HIV and AIDS and emotional support with respect to the psychological implications of undergoing an HIV test; "self-testing" in relation to HIV infection, means a prescribed test or series of tests carried out entirely by a person on self without the involvement of another person, which determine whether a person is infected with HIV; "Testing center" means a testing center approved by the Minister under section 16; Part II of the Act stipulates as follows: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 85 Zamconsult Consulting Engineers Ltd. 4. (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information campaign conducted by the Government through its various Ministries, Departments, authorities and other agencies. (2) The educational and information campaign referred to in subsection (1) shall- (a) Employ scientifically proven approaches; (b) Focus on the family as the basic social unit; (c) Encourage testing of individuals; and (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya. In Part IV - Testing, Screening and Access Health Care Services, it states as follows:- 13. (1) Subject to this Act, no person shall compel another to undergo an HIV test. (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV test as a precondition to, or for continued enjoyment of- (a) Employment; (b) Marriage; (c) Admission into any educational institution; (d) Entry into or travel out of the country; or (e) The provision of healthcare, insurance cover or any other service. (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under the Sexual Offences Act, 2006 may be compelled to undergo an HIV test. (4) A person who contravenes any of the provisions of this section commits an offence. 16. (1) No person shall carry out an HIV test except in a testing center approved by the Minister under this section or in the manner specified under paragraph (d) of subsection (4). (2) No person shall carry out an HIV test unless such person is a healthcare provider approved by the Minister for that purpose. (3) No person shall provide pre-test or post-test counseling for the purposes of section 17 unless such person is approved by the Minister under this section. 17. (1) Every testing center shall provide pre-test and post-test counseling to a person undergoing an HIV test and any other person likely to be affected by the results of such test. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 86 Zamconsult Consulting Engineers Ltd. 18. The results of an HIV test shall be confidential and shall only be released- (a) To the tested person; (b) In the case of a child, to a parent or legal guardian of such child; Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall be released to the child; or (c) In the case of a person with a disability which, in the opinion of the medical practitioner undertaking the test, renders him incapable of comprehending such result to- (i) The guardian of that person; (ii) A partner of that person; (iii) A parent of that person; or (iv) An adult offspring of that person In Part V – Confidentiality, (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or related medical assessments of another person otherwise than in accordance with the privacy guidelines prescribed under this section. 22. (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any other person except- (a) With the written consent of that person; (b) If that person has died, with the written consent of that person's partner, personal representative, administrator or executor; (c) If that person is a child, with the written consent of a parent or legal guardian of that child: Part VI - Transmission of HIV 24. (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus shall- (a) Take all reasonable measures and precautions to prevent the transmission of HIV to others; and (b) Inform, in advance, any sexual contact or person with whom needles are shared of that fact. (2) A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV shall not, knowingly and recklessly, place another person at risk of becoming infected with HIV unless that other person knew that fact and voluntarily accepted the risk of being infected. (3) A person who contravenes the provisions of subsections (1) or (2) commits an offence and shall be liable upon conviction to a fine not exceeding five hundred Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 87 Zamconsult Consulting Engineers Ltd. thousand shillings or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. (4) A person referred to in subsection (1) or (2) may request any medical practitioner or any person approved by the Minister under section 16 to inform and counsel a sexual contact of the HIV status of that person. (5) A request under subsection (4) shall be in the prescribed form. Part VIII - Discriminatory Acts and Policies 31. (1) Subject to subsection (2), no person shall be- (a) Denied access to any employment for which he is qualified; or (b) Transferred, denied promotion or have his employment terminated, on the ground only of his actual, perceived or suspected HIV status. (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that the requirements of the employment in question are that a person be in a particular state of health or medical or clinical condition. 33. (1) A person's freedom of abode, lodging, or travel, within or outside Kenya shall not be denied or restricted on the grounds only of the person’s actual, perceived or suspected HIV status. (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the grounds only of the person's actual, perceived or suspected HIV status. 34. No person shall be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status. 35. (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services. (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer shall not be required to disclose his or her HIV status. (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an HIV test. 6.10 NATIONAL LEGAL PROVISIONS ON GENDER Gender issues in the country are institutionalized through The current newly enacted Constitution Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 88 Zamconsult Consulting Engineers Ltd. Vision 2030 Flagship projects The Presidential Directive of 2006 on 30% women's’ appointments to all positions of leadership employment and promotions MTPs handbook has gender outcome indicators The National Gender Policy 2000 Sessional Paper No.2 of 2006 Gender Department in the Ministry for Gender Children and Social Development. The National Commission on Gender and Development enacted through an Act of Parliament in 2003 is mandated to Monitor Government Implementation of its Commitments to Women’s Rights and Gender issues Employment Act, No. 11 of 2007: the Act prohibits discrimination in access to employment and in employment security on the basis of sex, among others Guarantees equality of opportunity in employment Provides for equal pay for work of equal value Prohibits sexual harassment which the law defines to include use of language, whether written or spoken, of a sexual nature A National Framework on Gender-based Violence. The government through the National Commission on Gender and Development has developed a National Framework on Gender Based Violence (February 2009) to form that basis of investigation of instances of sexual violence and strengthen coordination of responses to stem the vice Launch of same on 09.11.2009 by Minister for Gender, children and social development The Sexual Offences Bill FGM Policy being developed National Gender and Development Policy (2000) The National Gender and Development Policy provide a framework for advancement of women and an approach that would lead to greater efficiency in resource allocation and utilization to ensure empowerment of women. The National Policy on Gender and Development is consistent with the Government’s efforts of spurring economic growth and thereby reducing poverty and unemployment, by considering the needs and aspirations of all Kenyan men, women, boys and girls across economic, social and cultural lines. The policy is also consistent with the Government’s commitment to implementing the National Plan of Action based on the Beijing Platform for Action (PFA). Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 89 Zamconsult Consulting Engineers Ltd. The overall objective of the Gender and Development Policy is to facilitate the mainstreaming of the needs and concerns of men and women in all areas in the development process in the country. The Policy’s concerns cover the following critical areas i) The Economy;-To enable men and women to have equal access to economic and employment opportunities. ii) Poverty and Sustainable Livelihoods; - To remove obstacles to women’s access to and control over productive assets, wealth and economic opportunities, shelter, safe drinking water, and promote measures for conserving the environment. iii) Law; - To guarantee Kenyan men and women equality before the law, as provided for in the Constitution and under the obligations of the Kenyan State in international law. iv) Political Participation and Decision- Making; - To enhance gender parity in political participation and decision - making v) Education and Training; - To enhance and sustain measures to eliminate gender disparities in access, retention, transition and performance in education for both boys and girls vi) Health and Population; - To achieve the highest attainable standard of health for both men and women through addressing gender inequalities pertaining to access and use of basic health services and facilities at an affordable cost. vii) The Media; - To increase the participation of women in the media and communications sector and promote gender sensitive portrayal of both men and women in the media viii) Policy Implementation Framework and Resource Mobilisation- empowering both men and women to be equal partners in development- It focuses on the elimination of existing disparities between the two genders. It also advocates for an affirmative action to address gender disparities. The New Constitution of August 2010 on Gender In the New Constitution, Chapter Four––The Bill of Rights, Section 21 (3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities Section 27 (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. Part 2 on the Composition and Membership of Parliament, Section 97 (1) The National Assembly consists of, a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; Section 98. (1) The Senate consists of— (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; (b) sixteen women members who shall be nominated by political parties Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 90 Zamconsult Consulting Engineers Ltd. according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; Section 100 Parliament shall enact legislation to promote the representation in Parliament of— (a) Women; Section 127 (1) There is established the Parliamentary Service Commission. (2) The Commission consists of— (a) The Speaker of the National Assembly, as chairperson; (b) A vice-chairperson elected by the Commission from the members appointed under paragraph (c); (c) Seven members appointed by Parliament from among its members of whom— (i) Four shall be nominated equally from both Houses by the party or coalition of parties forming the national government, of whom at least two shall be women; In Chapter Thirteen, on the Public Service, Part 1—Values and Principles of Public Service Section 232 (1) the values and principles of public service include—(i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of–– (i) Men and women; (ii) The members of all ethnic groups; and (iii) Persons with disabilities. Section 232 (2) the values and principles of public service apply to public service in— (a) All State organs in both levels of government; and (b) All State corporations (3) Parliament shall enact legislation to give full effect to this Article. In the composition, appointment and terms of office, the new constitution says that the chairperson and vice-chairperson of a commission shall not be of the same gender. In addition, clause (8) says that the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. The new constitution provides for the elimination of gender discrimination in law, customs and practices related to land and property. Under Kenya's previous law, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 91 Zamconsult Consulting Engineers Ltd. inheritance was governed by customary law, often preventing women from inheriting property from their parents or laying claim to joint assets when their husbands' die. In summary, the New Constitution provides as follows- The New Kenyan Constitution ensures that women will be able to pass on citizen ship to their children regardless of whether or not they are married to Kenyans. Article 14 (1) The New Kenyan Constitution provides that parties to a marriage will be entitled to equal rights at the time of marriage, during the marriage and at its dissolution. Article 45 (3) The New Kenyan Constitution assures that parental responsibility shall be shared between parents regardless of marital status. Article 53 (1) (e). The New Kenyan Constitution eliminates gender discrimination in relation to land and property and gives everyone including women the right to inheritance and unbiased access to land. Article 60 (1) (f). The New Kenyan Constitution provides for the enactment of legislation for the protection of matrimonial property with special interest on the matrimonial home during, and upon the termination of the marriage. Article 68 (c) (iii). The New Kenyan Constitution maintains a one third requirement for either gender in elective bodies giving women of Kenya at least 1/3 minimum in elective public bodies. Article 81 (b). The New Kenyan Constitution ensures that gender equality is maintained in political parties providing a basic requirement for political parties as amongst other to respect and promote gender equality. Article 91 (f) The New Kenyan Constitution provides that Parliament shall formulate law to promote the representation of women, persons of disabilities, ethnic and other minorities and marginalized communities in Parliament. Article 100. The New Kenyan Constitution ensures that women and men will have the right to equal treatment and opportunities in political, economic, cultural and social spheres without discrimination. Article 27 (3). The New Kenyan Constitution accords the right to health including reproductive health to all. Article 43 (1) (a). The New Kenyan Constitution affords adequate and equal opportunities for appointment, training and advancement for women and men at all levels within the Public Service Commission. Article 232 (i). The Sexual Offences Act (NO 3 of 2006) Relevant Sections include: - 24- Sexual offences relating to position of authority and persons in position of trust. 25- Sexual relationship which pre-date position of authority or trust. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 92 Zamconsult Consulting Engineers Ltd. 26- Deliberate transmission of HIV or any other life threatening sexually transmitted disease. 6.11 THE OCCUPATIONAL HEALTH AND SAFETY ACT, 2007 This is an Act of Parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act has the following functions among others: Secures safety and health for people legally in all workplaces by minimization of exposure of workers to hazards (gases, fumes & vapors, energies, dangerous machinery/equipment, temperatures, and biological agents) at their workplaces. Prevents employment of children in workplaces where their safety and health is at risk. Encourages entrepreneurs to set achievable safety targets for their enterprises. Promotes reporting of work-place accidents, dangerous occurrences and ill health with a view to finding out their causes and preventing of similar occurrences in future. Promotes creation of a safety culture at workplaces through education and training in occupational safety and health. Failure to comply with the OSHA, 2007 attracts penalties of up to KES 300,000- or 3- months jail term or both or penalties of KES 1,000,000- or 12-months jail term or both for cases where death occurs and is in consequence of the employer 6.12 THE COUNTY GOVERNMENTS ACT, 2012 This is an act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions and responsibilities to deliver services and for connected purposes According to section 103 the objectives of county planning shall be to; (a) Protect the historical and cultural heritage, artefacts and sites within the county; and (b) Make reservations for public security and other critical national infrastructure and other utilities and services; (c) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya as provided in Article 69 of the Constitution; and (d) Develop the human resource capacity of the county. Under section 104, (1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. (2) The county planning framework shall integrate economic, physical, social, environmental and spatial planning. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 93 Zamconsult Consulting Engineers Ltd. (3) The county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. (4) To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. Under section 111, (1) For each city and municipality there shall be; the (a) City or municipal land use plans; (b) City or municipal building and zoning plans; (c) City or urban area building and zoning plans; (d) Location of recreational areas and public facilities. (2) A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality. (3)A city or municipal plan shall, within a particular city or municipality, provide for; (a) Functions and principles of land use and building plans; (b) Location of various types of infrastructure within the city or municipality; (c) Development control in the city or municipality within the national housing and building code framework. (4) City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. (5) City or municipal land use and building plans shall be the regulatory instruments for guiding and facilitating development within the particular city or municipality. (6) Each city or municipal land use and building plan shall be reviewed every five years and the revisions approved by the respective county assemblies. Under section 115, (1) Public participation in the county planning processes shall be mandatory and be facilitated through; (b) Provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including; (i) clear strategic environmental assessments; (ii) Clear environmental impact assessment reports; (iii) Expected development outcomes; and (iv) Development options and their cost implications. (2) Each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall adhere to minimum national requirements. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 94 Zamconsult Consulting Engineers Ltd. The Physical and Land Use Planning Act of 2019. Under the Physical and Land Use Planning Act of 2019, physical development activities are supposed to be carried out according to the physical plans. The Act provides for the preparation and implementation of local physical land use and development plans and for related purposes. It gives provisions for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use and development of land. Accordingly, the processes of physical planning involve two stages; the plan making stage and the development control stage. The former involves drawing up the actual plan to indicate the various activities and zones whereas the latter involves the process of determining applications by developers to carry out specific development activities. Section 36 states “if in connection with a development application a local authority is of the opinion that proposals for industrial location, dumping site, sewerage treatment, quarries or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environment impact assessment report”. The site documentation for the facility in Voi is appended in this report. The proponent shall secure all mandatory approvals and permits as required by the law. The Public Health Act (CAP. 242) Part IX Section 8 & 9 of the Act states that no person/ institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance. Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances. The Act addresses matters of sanitation, hygiene and general environmental health and safety. The Act places responsibility for protection of water supplies from any pollution dangerous to health on the local authorities. The Act empowers the Minister for Health to make rules and impose on local authorities and others, the duty of enforcing such rules. 6.13 NATIONAL POLICY WITH DISTRICT DEVELOPMENT LINKAGES The consultant takes full cognizance of the various policy papers that have relevance to development in the national space and give them relevance to this particular water infrastructure development activity. Examples of such policy derivations are: i) National Poverty Eradication Plan 1999-2015 ii) Vision 2030 iii) Private sector development strategy 2006-2010: National Poverty Eradication Plan (NPEP) 1999-2015 The NPEP has the objective of reducing the incidence of poverty in both rural and urban areas by 50% by the year 2015, as well as strengthening the capabilities of the poor and Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 95 Zamconsult Consulting Engineers Ltd. vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better-educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for the Social Development (WSSD) of 1995. The plan focuses on the four WSSD themes of the poverty eradication; reduction of unemployment; social integration of the disadvantaged people and the creation of an enabling economic, political, and cultural environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government Ministries, community-based organizations and private sector. Vision 2030 Vision 2030 is a Government development strategy that is aimed at steering Kenya to a middle-income country by the year 2030. It is based on the 3 pillars of political, social and economic advancement and it aims to transform the economy to newly industrialized status by 2030 and achieve sustainable growth. Environmental considerations of development are contained within the social and economic pillar. On poverty reduction, the vision aims at creating opportunities for the poor by making institutions stronger. Private sector development strategy 2006-2010 The strategy focuses on improving Kenya’s business environment, institutional transformation, trade expansion, improved productivity and support to entrepreneurship and indigenous enterprise development. One of the key factors for the improvement of productivity is the adoption of modern, appropriate technologies. Kenya National HIV/AIDS Strategic Plan, KNASP 2005/06-2009/10 The plan is linked with the National Development Plan and the National Poverty Eradication Plan 1999 – 2015. The overarching theme is Social Change to reduce HIV/AIDS and Poverty. The goal of the KNASP 2005/06-2009/10 is to reduce the spread of HIV, improve the quality of life of those infected and affected and mitigate the socio-economic impact of the epidemic at individual, community, sector and national levels. The priority areas for KNASP 2005/06-2009/10 are three-fold: Priority Area 1: Prevention of new infections The objective of this priority area is to reduce the number of new HIV infections among both vulnerable groups and the general population Priority Area 2: Improve the quality of life of people infected and affected by HIV/AIDS The objective of this priority area is to improve the treatment and care, protection of rights and access to effective services for infected and affected people by HIV/AIDS in Kenya. Priority Area 3: Mitigation of socio-economic impact The objective of this priority area is to adapt existing programs and develop innovative responses to reduce the impact of the epidemic on communities, social services and economic productivity. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 96 Zamconsult Consulting Engineers Ltd. 6.14 WORLD BANK SAFEGUARD POLICIES Operational Policy (OP) 4.01: Environmental Assessment, 2001 Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential negative environmental impacts associated with Bank lending operations. The purpose of Environmental Assessment is to improve decision making, to ensure that project options under consideration are sound and sustainable, and that potentially affected people have been properly consulted. Operational Policy 4.04: Natural Habitats, 2001 The policy seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank- supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). The Bank's Operational Policy 4.12: Involuntary Resettlement This is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. Operational Policy (OP) 4.10 - Indigenous Peoples This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous peoples the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The provide financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and inter-generationally inclusive. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 97 Zamconsult Consulting Engineers Ltd. Operational Policy (OP/BP) 4.11: Physical Cultural Resources The objective of this policy is to assist countries in preserving physical cultural resources and avoiding their destruction or damage. PCR are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious (including graveyards and burial sites), aesthetic, or other cultural significance. PCR may be located in urban or rural settings, and may be above ground, underground, or under water. The cultural interest may be at the local, provincial or national level, or within the international community. This policy applies to all projects requiring a category A or B environmental assessment, project located in, or in the vicinity of recognized cultural heritage sites. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices. Operational Policy (Op)/Bank Procedure (Bp) 7.50: Projects International Waterways Waterways may affect the relations between the World Bank and its borrowers, and between riparian states. Therefore, the Bank attaches great importance to the riparian making appropriate agreements or arrangements for the entire waterway, or parts thereof, and stands ready to assist in this regard. In the absence of such agreements or arrangements, the Bank requires, as a general rule, that the prospective borrower notifies the other riparian of the project. The Policy lays down detailed procedures for the notification requirement, including the role of the Bank in affecting the notification, period of reply and the procedures in case there is an objection by one of the riparian to the project. World Bank Policy on Access to Information, 2010 The World Bank policy on access to information sets out the policy of the World Bank on public access to information in its possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and took effect on July 1, 2010. This Policy is based on five principles: ❖ Maximizing access to information. ❖ Setting out a clear list of exceptions. ❖ Safeguarding the deliberative process. ❖ Providing clear procedures for making information available. ❖ Recognizing requesters’ right to an appeals process. In disclosing information related to member countries/borrower in the case of documents prepared or commissioned by a member country/borrower (in this instance, safeguards assessments and plans related to environment, resettlement, and indigenous peoples, OP/BP 4.01, Environmental Assessments, OP/BP 4.10, Indigenous Peoples, and OP/BP 4.12 Involuntary Resettlement); the bank takes the approach that the country/borrower provides such documents to the Bank with the understanding that the Bank will make them available to the public. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 98 Zamconsult Consulting Engineers Ltd. ENVIRONMENT AND SOCIAL EFFECTS OF THE PROPOSED PROJECT This chapter presents the general environmental and social impacts which may result from the proposed project. The emphasis will be initially on the specific impacts that are likely to result from the nature of works including excavation and concrete works. The construction of the various sanitation infrastructure facilities will greatly benefit the environment, however some of the project activities will have negative effects on the environment. In general, successful implementation of the project will have high environmental and socio-economic benefits to the people and will contribute to the health and wellbeing. Overall, expected negative impacts are related to the construction activities. These impacts are, however, localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the contractor to undertake the assignment is well-organized and able to utilize the least time possible in efficiently implementing the construction works. Table 7-1 presents a characterization of expected impacts. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 99 Zamconsult Consulting Engineers Ltd. Table 7-1: Characterization of expected impacts Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Positiv Negativ Indirec Short Medium Long Reversibl Irreversibl Direct e e t Term Term Term e e Increased traffic along the Traffic project routes X X X X Land Land use change; Landscape change and Visual Intrusion X X X X X Climate Change - Increased local pollutant emissions and trace constituents such as VOCs Increased GHG Ambient Air emissions such as CH4 and Quality CO2 X X X X Increased levels of dust and particle emissions from construction vehicles and equipment X X X X Contamination of Soil/Water groundwater from minor oil Pollution/ spills during construction X X X X X Quality Changes Surface water pollution from construction wastes X X X X X Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 100 Zamconsult Consulting Engineers Ltd. Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Positiv Negativ Indirec Short Medium Long Reversibl Irreversibl Direct e e t Term Term Term e e Contamination of soil from the oil spills during construction X X X X X Increase of noise and Noise and vibration levels due to vibrations construction activities and traffic X X X X General construction related public health & safety risks for workers & residents. X X X X X Public & HIV/AIDS and increased Occupationa disease risks. X X X X X X X l Safety and Health Improvement in public health and sanitation through improved access to sanitation facilities. X X X X X Employment, job creation and gender empowerment Socio- during construction and economics operation phases X X X X X Service Interruption X X X X X Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 101 Zamconsult Consulting Engineers Ltd. Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Positiv Negativ Indirec Short Medium Long Reversibl Irreversibl Direct e e t Term Term Term e e Child Labour Potential for exploitation of & Protection child labour X X X X Risk of social conflict as a Labour result of increase in influx influx population X X X X X Increased harassment of Gender females within and around Equity the site X X X X Spread of Covid -19 Increased spread of Covid-19 among disease among workers in workers construction sites X X X X X Spread of Covid -19 among community members Increased spread of Covid-19 during disease among community consultation members in targeted project s areas. X X X X X Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 102 Zamconsult Consulting Engineers Ltd. Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Positiv Negativ Indirec Short Medium Long Reversibl Irreversibl Direct e e t Term Term Term e e Sexual Exploitation Increased cases of SEA in and Abuse family and general (SEA) community X X X X X X X Gender Increased cases of physical, Based sexual and psychological Violence violence in family and (GBV) general community X X X X X X X Crime Managemen Increased insecurity around t the project sites X X X X Generation of both solid and Solid and liquid waste at the Liquid construction camps and Waste project routes. X X X X X X Impacts on Loss of flora and fauna/ Flora and biodiversity within the Fauna project site X X X X Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 103 Zamconsult Consulting Engineers Ltd. The general environmental and social impacts which may result from the proposed project is presented in this chapter. The emphasis will be initially on the specific impacts that are likely to result from the nature of works (e.g. trenching and excavation) and works category (e.g. actual construction of the structures). A vast range of environmental and social implications will surely arise from the sanitation facility projects, notably within the project location and along the routes leading to the project site. In general, successful implementation of the project will have high social and hygienic benefits to the people and will contribute to the overall health and wellbeing. Overall, expected negative impacts are related to general construction. These impacts are localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the construction works are carried out rapidly and efficiently. Nevertheless, environmental and social impact assessments (ESIA) are now recognized as an essential component in any development project and as an important decision- making tool, and the appropriate procedures were followed. 7.1 IMPACT IDENTIFICATION The identification of impacts in the ESIA study generally used the following methods: • Compilation of a comprehensive list of key environmental impacts. These are such as changes in air and water quality, noise levels, wildlife habitats, bio- diversity, landscape, social and economic systems, cultural heritage, settlement patterns, and employment levels. • Identification of all the sources of impacts such as dust, spoils, vehicles emissions, water pollution, construction camps, etc. using checklists or questionnaires. This was followed by listing possible receptors in the environment (e.g., crops, communities, and migrant labours) through surveying the existing environmental and socio-economic conditions and consultation with concerned parties. • Identifying and quantifying various environmental and socio-economic impacts through the use of checklists, interaction matrices and overlays. 7.2 IMPACT PREDICTION Prediction of impacts technically characterizes the causes and effects of impacts, and their secondary and synergistic consequences for the environment and the local community. It examines each impact within a single environmental parameter into its subsequent effects in many disciplines (e.g., deterioration of water quality). It draws on physical, biological, socio-economic, and anthropological data and techniques. In Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 104 Zamconsult Consulting Engineers Ltd. quantifying impacts, it employs socio-cultural models, economic models, and expert judgments. It is worth noting that prediction techniques of environmental impacts, by their nature, involve some degree of uncertainty. 7.3 MITIGATION OF IMPACTS Each predicted adverse impact is evaluated to determine whether it is significant enough to warrant mitigation. This judgment of significance has been based on one or more of the following: • Comparison with laws, regulations or accepted standards; • Consultation with the relevant decision makers; • Reference to present criteria such as protected sites, or endangered species • Consistency with government policy objectives • Acceptability to the local community or the general public 7.4 IMPACT CATEGORY First the likely significance of the potential issues of concerns has been determined and ranked according to the following: ➢ Potential environmental impacts which are deemed to be highly significant and need thorough investigation in the ESIA ➢ Potential environmental impacts that are deemed to be moderately significant, and will require reasonable investigation in the ESIA ➢ Potential environmental impacts that are deemed unlikely to be significant, and will need to be listed, and addressed in some way, but which will not require detailed assessment in the ESIA. Secondly, the following characteristics have been defined for each impact: Nature: ➢ Positive: applies to impacts that have a beneficial economic, environmental or social result, such as additional economic activity or enhancement of the existing environmental and hygienic conditions. ➢ Negative: applies to impacts that have a harmful or economical aspect associated with them such as economical cost, loss or degradation of environmental resources. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 105 Zamconsult Consulting Engineers Ltd. Effect: ➢ Direct: applies to impacts which can be clearly and directly attributed to a particular impacting activity. ➢ Indirect: applies to impacts which may be associated with or subsequent to a particular impacting activity, but which cannot be directly attributed to it. Time Range: ➢ Short Term: applies to impacts whose effects on the environment will disappear within a 1 year period, or within the construction phase. ➢ Medium Term: applies to impacts whose effects on the environment will disappear within a 5 year period following the construction phase. ➢ Long Term: applies to impacts whose effects on the environment will disappear in a period greater than 5 years following the construction phase. Reversibility: ➢ Reversible: applies to impacts whose significance will be reduced and disappear over time (either naturally or artificially), once the impacting activity ceases. ➢ Irreversible: applies to impacts whose significance will not be reduced nor disappear over time (either naturally or artificially), once the impacting activity ceases. 7.5 IMPACTS EMANATING FROM THE PROPOSED PROJECT The impacts are identified at three stages: - • pre- construction/Planning Phase Impacts • during construction and • post-construction (operation phase) 1. Planning Phase Impacts – Spread of COVID-19 within the Project Sites There will be a likelihood for spread of COVID-19 during the pre-construction phase among workers, community members and visitors coming to the project sites. Mitigation measures  The Contractors will develop a standard operating procedures (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 mobilizing to site. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 106 Zamconsult Consulting Engineers Ltd.  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors;  Avoid concentrating more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing of at least 2 meters;  All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs;  The project shall put in place means to support rapid testing of suspected workers for Ccovid-19;  Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; Construction Phase Impacts Most of the potential environmental and social impacts associated with the construction phase will be negative and temporary, and can be mitigated with the use of standard environmental management procedures. The potential social impacts or nuisance will be those typically associated with construction activities involving vehicles, equipment, and workers. The few positive impacts are summarized below: ❖ Source of livelihood for the community members/the youth who will be used to run the project; ❖ Business opportunities especially for locals as most of them will be involved in small time trades such delivering food to site workers; ❖ Employment creation for both skilled and unskilled labourers directly involving the project. ❖ Local sourcing of materials will also boost the livelihoods of residents. The predicted adverse impacts include the following: 7.5.1.1 Air Quality There is expected dust pollution from the site clearance, excavation works and, in some cases, the roads leading to the project sites as well as deviations to reroute traffic where need be. This situation will be mitigated by periodical pouring of water to reduce the harmful effects of dust. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 107 Zamconsult Consulting Engineers Ltd. Passage of increased number of vehicular traffic during construction will introduce higher levels of other pollutants such as emissions of exhaust fumes, lead and associated gases such as carbon monoxide, hydrocarbons, and nitrous oxides from vehicles entering and exiting the site along with the operation of necessary equipment. These will need to be monitored all through the construction period. This sustained high level of dust could impact negatively on various groups of the people who spend considerable time within the area adjacent to the project site, such as construction workers and road side businesses. Construction workers at the project construction site will be exposed to high dust levels under hot and dry environmental conditions for many hours each day. However, being a localised project with short construction timelines, such effects may not have serious long-term health implications on the workers. Mitigation measures  Use Respiratory Protective Equipment (RPE) like masks on construction crew and all visitors to the site.  Use equipment fitted with water suppression to minimize the amount of dust.  Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards.  The contractor to provide protective clothing like, dust masks to construction crew. 7.5.1.2 Traffic Congestion Traffic congestion is anticipated from site related traffic from Contractor vehicles. The project site is not in a high catchment area hence not many people will be affected by congestion. However, for those affected through increased traffic and interaction between the Contractor’s vehicles and local traffic (motorized and non-motorised traffic), the mitigation measures will be as follows: Mitigation measures  The Contractor should provide temporary road signs or notices to indicate ongoing works;  The Consultant and Contractor should choose traffic routes to reduce the impact in the neighbourhood avoiding, as far as practical any sensitive areas;  For the site traffic the Contractor has to ensure that they • Only park in designated parking areas; • Don't block other traffic routes; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 108 Zamconsult Consulting Engineers Ltd.  The resident Engineer has to ensure that the Contractor: i) Introduces speed limits particularly in the residential areas; ii) Reduces the need for reversing vehicles, by introducing a one way system; iii) Uses a qualified BANKSMAN to control deliveries and reversing vehicles; iv) Designates loading/unloading areas. 7.5.1.3 Solid and Liquid Waste Generation There is a wide variety of waste generated during construction. This includes debris, domestic and human waste, timber, stones, rock, metals, paper, plastics, etc. The quantity of waste can be substantial and can be both a health hazard and of visual intrusion. Furthermore, there is potential for contamination of soils and watercourses as a result of improper disposal of liquid and solid waste from construction activities. Careless disposal of used containers for oil, lubricants, paint, and other toxic substances may land in the hands of such individuals who will use them as water containers with grave consequences to health. There is increased likelihood of littering from increased traffic movement during operations. Some of this litter could be plastic and when ingested by livestock, can cause health hazards. Mitigation measures:  Provide adequate waste disposal facilities. Ensure collection of all solid waste from generation points, safe transportation to a central point where they are sorted out and safely disposed according to type to protect the environmental resources. 7.5.1.4 Site Related Oil Spills During construction, oil spills may result from construction site equipment and storage, which may affect the flora, fauna, soils, and surface as well as underground water ways in the area. If the machinery yard, workshops and labour camps are not properly protected, animals and birds could be poisoned if they drink contaminated water caused by accidental spillage of oil, petroleum products, solvents and similar category of materials. Mitigation Measures  The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval); Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 109 Zamconsult Consulting Engineers Ltd.  All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; 7.5.1.5 Soil-Related Impacts Accidental oil spills, and petroleum products (amongst other liquid waste) particularly in areas of concentrated activities, may infiltrate into soils and cause soil pollution. This is only possible during the construction phase of the project and the impact is expected to be minor and highly localized, hence the impact is considered insignificant. All construction activities have some minor impacts on the soil. It is expected that these impacts are also short-lived during construction and mitigation measures are recommended. The key impacts will revolve around soil erosion, contamination, disturbance of the natural soil structure and thus reducing the ecological function of the soil. Mitigation Measures  The valuable top soil containing organic material, nutrients as well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where applicable.  Plan emergency response measures in case of accidental oil spills. 7.5.1.6 Impacts on Existing Water Resources (Water Quality) Oil spills, bitumen and greases generation by construction traffic as well as traffic during operation could lead to pollution by altering the chemical and biological characteristics of surface and ground water resources There is potential for contamination of water resources as a result of improper disposal of liquid and solid waste from construction activities and construction camps. Mitigation Measures  Areas dedicated for hazardous material storage shall provide spill containment and facilitate clean up through measures such as: maximum separation from sensitive features (water bodies); clear identification of the materials present; access restricted to authorized personnel and vehicles only and dedicated spill response equipment  Provide solid and liquid waste disposal system - a waste collector, NEMA recommended waste disposal manual and a waste collection bin for each housing unit, workshop, plant, structural shelter. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 110 Zamconsult Consulting Engineers Ltd. 7.5.1.7 Noise Pollution Noise generation and vibrations in an otherwise quiet environment from construction machinery and activities could adversely affect the local people. Activities associated with sanitation facility construction will cause increase in noise levels in the vicinity of the construction sites. This impact can be of concern at construction sites within the larger urban environments The operation and maintenance phases of the project will be accompanied by significant increases in traffic (both motorised and non-motorised), which will in turn increase noise levels significantly within the vicinity of the sites. Generally, construction noise exceeding a noise level of 70 decibels (dB) has significant impacts on surrounding sensitive receptors within 50m of the construction site. These sensitive receptors include, schools and clinics in the area. Mitigation:  Noise mitigation may be achieved through a variety of measures that modify the noise source, noise path, or receiver characteristics. Construction activities to be scheduled carefully to minimize the impact of noise from construction machinery. Night time's uses of certain noisy machines will be regulated.  Contractor to agree noise limits/ noise control stations with NEMA and obtain a Construction Noise Permit prior to the commencement of construction work.  Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas;  Harmonized sleeping time  Contractor to prepare for approval by TAVEVO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations  Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals.  To the extent possible, heavy vehicles should not be used at night across populated areas.  Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. 7.5.1.8 Public & Occupational Safety and Health Construction staff and the general public will be exposed to safety hazards arising from construction activities. It is proposed that the projects be located within existing public lands belonging to the county government. Despite this, there is the possibility of disrupting public functions, and houses especially during construction. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 111 Zamconsult Consulting Engineers Ltd. The project works will expose workers to occupational risks due to handling of machinery, construction material and noise, electromechanical works etc. Construction activities of site clearance, excavation, materials delivery, and concrete mixing as well as construction traffic will generate a lot of dust and this may affect the respiratory system of all site users. Construction sites may be a source of both liquid and solid wastes. If these wastes are not well disposed these sites may become a breeding ground for disease causing pests such as mosquitoes and rodents. Mitigation:  Draft and operational manuals such as a Health and Safety Plan (HASP) for both civil and electromechanical work in line with OSHA for approval by TAVEVO.  Posting of clear and prominent warning signage at appropriate potential points of entry to hazardous areas.  Keep verifiable records of all accidents and incidences.  Ensure alcohol free work force.  Draft operational policies on safety e.g. Alcohol use, speed limits.  Spread awareness to curb vandalism of safety equipment and other installations.  Installation of barriers like fences around active sites and other locations to prevent access to facilities by unauthorized persons.  Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards.  Appoint a trained health and safety team for the duration of the construction work.  Provide workers with appropriate personal protective equipment (PPE).  Work to minimize or altogether eliminate mosquito breeding sites.  Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. 7.5.1.9 HIV & AIDS Impacts Immigration of construction personnel from different regions may lead to behavioural influences which may increase the spread of diseases such as HIV/AIDS. Mitigation:  Sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS through staff training, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 112 Zamconsult Consulting Engineers Ltd. awareness campaigns, multimedia and workshops or during community Barazas.  Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members 7.5.1.10 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 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 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 113 Zamconsult Consulting Engineers Ltd. workers and enforced to the letter without fail. In addition to the requirement of the SOPs, the following mitigation measure shall also be adopted: Mitigation Covid-19 – Mitigation measures against spread of Covid-19 amongst workers:  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;  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors;  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. All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs;  The project shall put in place means to support rapid testing of suspected workers for covid-19;  Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; 7.5.1.11 Social Risk – Spread of COVID-19 among community members during Consultations During implementation of the ESMP, 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. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 114 Zamconsult Consulting Engineers Ltd. 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  Covid-19 – Mitigation measures against spread of Covid-19 amongst community members:  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 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 provided with appropriate PPE for the number of people they intend to meet;  Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. 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. 7.5.1.1.1 Gender Equity, Sexual Harassment, Sexual Exploitation and Abuse (SEA), and Gender Based Violence (GBV) The construction industry is famously male-centric. Women are under-represented in all construction occupations and professions. This is because of stereotypes promote the idea that women are not tough but rather delicate and can therefore not handle a tough job. The workplace culture in most construction sites is one that promotes long working hour and excessive risk taking. As women are often the ones often responsible for their families, they do not stay on site late and do not take on the responsibilities that would put them in unnecessary danger. Knowing this, women often avoid the work- place and those hiring avoid hiring women. The result of this discriminatory environment leads to a small number of women who in turn often become the focus of inappropriate attention from their male workers. Gender based violence and harassment of women on site can follow, making the work environment a hostile place for the women. This can take forms such as; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 115 Zamconsult Consulting Engineers Ltd. • Physical abuse including assault • Sexual violence including rape and sexual assault • Sexual harassment • Sexual exploitation and abuse • Verbal and sexist abuse • Psychological abuse, intimidation and threats of violence • Economic and financial abuse. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 116 Zamconsult Consulting Engineers Ltd. Mitigation:  In cases where communal shelter is the only option, ensure that that appropriate divisions between genders are established  Ensure that women and minority group community members are provided opportunities to meaningfully participate in decision-making processes concerning location of services such as toilets and accommodation.  Liaise with local/host authorities to encourage them to participate and take an active interest in the host community’s welfare  The contractor should be required, under its contract, to prepare and enforce a No Sexual Harassment and Non-Discrimination Policy, in accordance with national law where applicable.  The contractor should employ and train committed female staff to positions of authority. These will help promote the employment of female staff  The contractor should strive for an equitable distribution of employment opportunities between men and women. Mainstream Gender Inclusivity in hiring of workers as required by Gender Policy 2011 and 2/3 gender rule should be enforced;  Provision of gender disaggregated bathing, changing, sanitation facilities  Ensure the contractor follows the Grievance Redress Mechanism  Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action  The employees should be trained and sensitized on appropriate behavior on the construction site and within the residences  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.; community level water management, representation or related economic activities etc.  Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc  The Contractor should develop and implement an SEA action plan with an Accountability and Response Framework as part of the ESMP. The SEA action plan will follow guidance on the World Bank's Good Practice Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 117 Zamconsult Consulting Engineers Ltd. 7.5.1.12 Social Impacts- Gender Equality Impacts There is need to promote gender equality in all aspects of economic development and more so in construction. Women roles in construction are mainly confined to supply of unskilled labour and vending of foodstuffs to the construction workers. Where available skilled female personnel will be utilised. Potential for conflict in competition for employment opportunities between indigenous communities and migrant workers. Mitigation  Ensure that solid waste materials are properly disposed to suitable locations.  Employing as many people as possible from the locality especially unskilled workforce will help them accept skilled labour from outside. This will promote cohesion and the spirit of the project.  The contractor should source labour from the local communities as much as possible.  Ensure equitable distribution of employment opportunities between men and women.  Provide toilets and bathrooms for both male and female workers on site.  Carry out recruitment in a manner that gives minimum chance of unrest.  The respective County Governments in conjunction with the WSPs to devise a fair plan of the operation and maintenance of the various facilities. 7.5.1.13 Liability for loss of life, injury or damage to private property Some of the Construction activities may lead to accidents that may be mild or fatal depending on various factors. During the implementation of the proposed project, accidents could be due to negligence on part of the workers, machine failure or breakdown or accidental falls from elevated points of the structure. These incidents can be reduced through proper work safety procedures. In addition, during Construction, there may be damage to private property that may not be foreseen. Mitigation:  Provision of PPE.  The workers should receive requisite training especially on the operation of the machinery and equipment.  There should be adequate warning and directional signs. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 118 Zamconsult Consulting Engineers Ltd.  Ensuring that the prepared code of conduct for staff is followed to prevent accidents.  Develop a site safety action plan detailing safety equipment to be used, emergency procedures, restriction on site, frequency and personnel responsible for safety inspections and controls.  Provide First Aid Kit within the construction site.  Recording of all injuries that occur on site in the incident register, and ensure corrective actions for their prevention are instigated as appropriate.  Contractor to ensure compliance with the Workmen's Compensation Act, ordinance regulations and union agreements.  The Contractor to repair any damage done to private property. 7.5.1.14 Crime Management Some of the facilities will be located in an area with squatters hence is prone to have a few incidences of crime including, stealing of construction materials or individual property, drug abuse and alcoholism among others, within and without the construction site. Mitigation:  Fencing off the Contractor’s camp with plant and materials.  Working with local committees (e.g. “nyumba kumi) to provide security within the site in addition to the Contractor’s own security.  Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment.  Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site.  Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel.  The contractor and Resident Engineer should register in a log all events of a criminal nature that occur at the worksite or are associated with the civil works activities. 7.5.1.15 Child Labour and Protection The Children Act of Kenya prohibits contractors from “employing children in a manner that is economically exploitative, hazardous, and detrimental to the child’s education, harmful to the child’s health or physical, mental, spiritual, moral, or social development. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 119 Zamconsult Consulting Engineers Ltd. It is also important to be vigilant towards potential sexual exploitation of children, especially young girls. The contractor should adopt a ‘Child Protection Code of Conduct’; that all staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour. Mitigation:  Ensure no children are employed on site in accordance with national labor laws.  Ensure that any child sexual relations offenses among contractors' workers are promptly reported to the police. 7.5.1.16 Service Delivery Impacts There are likely associated risks or impacts of disruption of services. Some businesses such as delivery of farm produce from the farms within the project area may be delayed due to use of alternative routes which may not be ideal for transportation. Mitigation:  Provide appropriate signage to warn motorists and other road users of the construction activities, to ward off traffic accidents on routes leading to project sites.  In the event that delivery trucks damage parts of the road, the contractor should repair the spots immediately.  The contractor should communicate any intended disruption of services to enable the people to prepare. 7.5.1.17 Impacts on Flora and Fauna/Biodiversity of the Region Direct impact through noise and vibration occasioned by machinery and construction workers can affect their feeding habits and even migration patterns. Some animals can be more aggressive in the face of such sudden noise and vibration. The vegetation clearance activity, especially within the sanitary facility sites, will lead to interference with habitats causing total loss or change and leading to the destruction of the environment. Cutting down sanctuary trees (trees above 5 m height with well-developed canopy) within the project site to pave way for construction. These trees act as perching and nesting sites for a wide range of bird species. They also provide shade for mammals especially ungulates. Improper disposal of solid and liquid waste from the Contractor’s camp will have a negative impact on the biodiversity surrounding the camp. Mitigation: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 120 Zamconsult Consulting Engineers Ltd.  Empty containers and other waste to be managed carefully to avoid exposing animals to possible poisoning.  Spare the vegetation that must not necessarily be removed such as trees.  Provide appropriate signage to warn motorists and other road users of the construction activities, to ward off traffic accidents.  Re-plant the indigenous vegetation as much as possible once work is completed.  The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval);  Provision of dustbin and sanitation facilities within the Contractor’s camp to prevent seepage into the natural environment. 7.5.1.18 Construction Material Sourcing Since the facilities are a small-scale localised project, the impact on material sourcing is not expected to be profound. Materials shall be sourced from existing raw material sites where environmental impacts with regards to the sites are pre-existent. Major concerns relating to the sites include vegetation clearance, landscape scars, dust and general disturbance during excavation, and the need to reinstate or landscape the material sites when the contractors have completed excavation works. Materials sites if not reinstated and rehabilitated after project completion, will create a badlands type of landscape with water bodies, scattered boulders and rubble of ballast on the soil surface. This calls for economic use of these stone resources by the contractor to avoid wastage. Mitigation:  Ensure that appropriate authorization to use the proposed quarries has been obtained before commencing activities;  Prepare health and safety plan before any work on the quarries is commenced;  Where applicable, cordon off the quarry areas to keep livestock and children off;  Where applicable, maintain fences and “make good” of the sites afterwards;  The contractor is expected to follow the sand harvesting regulations published by NEMA.  In case of blasting: I. The Contractor will be responsible for obtaining a current and valid authorization from the Department of Mines and Geology Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 121 Zamconsult Consulting Engineers Ltd. prior to any blasting activity. A copy of this authorization shall be given to the RE; II. A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times; III. The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area); IV. The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site; V. The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor’s expense to the satisfaction of the RE and the relevant authorities; VI. The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given. Impacts during Operation & Maintenance During the operation of the sanitation facilities, the positive impacts greatly outweigh the negative impacts, and with proper maintenance, potential negative impacts can be mitigated. 7.5.2.1 Positive Environmental and Socio-Economic Impacts The several positive impacts are summarized below: ❖ Improved overall hygiene of the congested areas hence better overall health and reduction of potential water-borne diseases such as bilharzia and cholera. ❖ A reduction in health risks that were associated with inadequate access to sanitation services, as a result of improvements in project roads; ❖ Economic benefits to the section of the community that shall be selected to run and maintain the project for the rest of the project life hence reduced idleness which in most cases leads to crime and drug abuse. ❖ Improved access to sanitation facilities by many private septic facility owners who emit the waste into the environment affecting the natural environment and all who depend on it. Other potential impacts typically associated with operation and maintenance activities are such as: 7.5.2.2 Generation of Solid Waste The establishment of an improved immediate sanitation option for the high population region within Taita Taveta County will mostly create benefits but with the provision of such services comes the increase in the generation of solid and liquid waste. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 122 Zamconsult Consulting Engineers Ltd. Mitigation measures:  Provide adequate waste disposal facilities. Ensure collection of all solid waste from generation points, safe transportation to a central point where they are sorted out and safely disposed according to type to protect the environmental resources. 7.5.2.3 Air Quality The establishment of any sanitation facility may lead to bad odour and poor air quality if the facilities are not well maintained according to plan. Mitigation measures:  Provide adequate framework for disposal of septic waste from ablution blocks and an adequate provision for the wastewater treatment systems to handle the waste generated by the ablution blocks.  Constant monitoring of the ablution blocks.  Odours generated by the facility can be controlled by use of suppressants. 7.5.2.4 Health and safety hazards Potential of exposure to safety and health hazard events during operation activities such as toxic ablution facility cleaning chemicals, coming into direct or close contact with fecal matter and wastewater, operating equipment used in emptying and conveyance of fecal sludge and wastewater; and working in confined and often dangerous spaces, as well as electrical fire outbreaks. Unhygienic conditions at the ablution blocks can also facilitate spread of contagious diseases among the general public who patronise the facilities. Mitigation measures:  TAVEVO to establish and enforce standard operating procedures and guidelines with mainstreamed safety and health protection measures  Provide and enforce use of appropriate PPE for cleaners and other maintenance personnel  Install soap dispensers and emphasize good personal hygiene habits such as hand washing  Display personal hygiene posters to create awareness on good hygiene practices Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 123 Zamconsult Consulting Engineers Ltd.  Fire extinguishers should be located at identified fire points around the site. The extinguishers shall be appropriate to the nature of the potential fire and regularly inspected for serviceability  Adequately stocked First aid kit shall be made available on site and some of the attendants trained on administering basic first aid in line with OSHA requirements  Conduct regular medical checks for the O&M personnel and cleaners in line with the OSHA Medical Examination Rules Impacts during De-Commissioning De-commissioning of the Project is not envisaged. Project components however will be rehabilitated and/or expanded over time having served their useful life as projected by the design engineer to be 30 years. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 124 Zamconsult Consulting Engineers Ltd. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) By design, the potential positive impacts of the project can readily be optimized while the potential negative environmental and social impacts are mostly restricted to the planning and construction period. These are assessed and considered as minor to medium, being reversible and short-term and can be managed through well-defined mitigation and monitoring measures. 8.1 POSSIBLE ENHANCEMENT MEASURES Possible enhancement measures of beneficial impacts would include the following: ❖ Construction should adhere to recommended best construction practices that make effective and economical use of locally available resources including materials, expertise and labour. ❖ Ensure that the poor and other vulnerable groups within the vicinity of the project sites will be catered for by the project to safely satisfy their basic needs. ❖ Carrying out periodic assessment of different components of the sanitation facilities, to initiate immediate rehabilitation whenever problems are identified to reduce dilapidation. 8.2 MITIGATION MEASURES Mitigation measures for negative environmental impacts include the following: • Construction site environmental and social management plans, prepared by the contractor, will be required for all works based on the ESIA report. This plan will include a waste management plan for all activities during the construction period. • Air pollution due to dust when excavated material is stockpiled, should be limited by working in small periods to prevent extended hours of posing the hazard to affected persons. • Construction activities should be scheduled appropriately to reduce high noise levels particularly at night from noisy activities. • At the end of construction works, level off the soils and facilitate vegetation regeneration. • Minimize land clearing areas by employing mechanization only when necessary. Most of the work should be done by hand. • Prevention of work place injuries during construction is taken care of by the contractors, e.g. by means of signs, signals, fencing, etc. • Employ occupational Safety and Health measures as required by law. • 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 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 125 Zamconsult Consulting Engineers Ltd. will be supervised by a communications/stakeholder engagement/social safeguards expert in the project proponent’s team. • To minimise the health risk of spread of COVID-19 among construction workers, The Contractors will develop standard operating procedures (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 mobilizing to site. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site- specific project conditions. Mitigation measures have already been discussed in Chapter 7. However, a brief summary is included in the Environmental and Social Management Plan (ESMP) in Table 8-1. Also considered in this management and monitoring plan are the persons responsible for implementation. Management of the ESHS risks is required to be as provided for by the Occupational Health and Safety Act (OSHA 2007), EMCA 1999 and their subsidiary regulations. The contractor is expected to develop the project Construction ESMP to guide the implementation phase. The Construction ESMP shall provide for incident classification criteria and an incident escalation hierarchy. The draft Construction ESMP will be reviewed and approved by the Bank before commencement of works. The cost of some of the proposed mitigation measures will have been included in the main engineering Bills of Quantities and therefore need not be included in the Environmental mitigation costs. These costs will also include cost of supervision for implementation of mitigation measures. These costs will be added to the Bill of Quantities as the Environmental Mitigation Costs. The tables below show cost estimates for environmental mitigation for the ablution blocks. The brief description of the items is for identification purposes and does not supersede or modify the detailed descriptions of works in other sections of this report. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 126 Zamconsult Consulting Engineers Ltd. Table 8-1: The Proposed Environmental and Social Management Plan (ESMP) for the Ablution Blocks Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Pre- Spread of Covid- • The Contractors will develop standard operating Tavevo/County 350,000.00 per site to cater construction/ 19 within the procedures (SOPs) for managing the spread of Government/Contractor/Su for supply of PPEs, sanitisers Planning/Con project sites. Covid-19 during project execution and submit pervising Engineer/ Public and soaps for hand washing struction them for the approval of the Supervision Health Department and rapid Covid-19 Engineer and the Client, before mobilizing to site. screening devices. 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 required for all project personnel including workers and visitors; • Avoid concentrating more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing of at least 2 meters; • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for Ccovid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 127 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact including wiping of workstations, door knobs, hand rails etc; Pre- Spread of COVID- • Electronic means of consulting stakeholders and Tavevo/County 150,000.00 for construction/ 19 amongst holding meetings, shall be encouraged, whenever Government/Contractor/Su dissemination of Planning/Con community feasible. One-on-one engagements for the PAPs pervising Engineer/Public information on radio, struction members during while observing social distance and adhering to Health Department newspapers etc. consultation PPE wearing shall be enforced; • Avoid concentrating more than 15 community Communication processes members at one location. Where more than one /Stakeholder engagement person is are gathered, maintain social distancing Expert 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. • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 128 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Increased Traffic Provision temporary road signs or notices to indicate Contractor supervised by 300,000.00 broken down as hence Congestion ongoing works. the Resident Engineer follows: 2 traffic signs per site to inform the public and Effecting traffic controls to avoid congestion and control traffic @ 20,000; 2 accidents on roads. banksmen per site to direct Choosing suitable traffic routes/diversions to reduce traffic within site & in the the impact in the neighbourhood. diversions: 15,000 p.m for 6 months Construction Ambient air Use Respiratory Protective Equipment (RPE) like Contractor 100,000.00 per site to cater quality masks on construction crew and all visitors to the site. for dust masks for the whole Resident Engineer project period for all site Use equipment fitted with water suppression to users. minimize the amount of dust. Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 129 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Construction Site Related Oil The Contractor should ensure that the employees on Contractor 250,000.00: 200,000 to Spills site are aware of the company procedures for dealing cater for the safety training with spills and leaks e.g. using dispersants or adding Resident Engineer seminars throughout the biological agents to speed up the oil breakdown for project period (2 training the construction machinery though induction and seminars each costing safety training (the contractor will propose a method 100,000); 50,000 for of clean-up which will be subject to approval); purchase of dispersants. All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; Construction Soil Related The valuable top soil containing organic material, Contractor No additional cost. Impacts nutrients as well as seeds and the soil fauna should be excavated separately and piled in an adequate manner Resident Engineers for re-use where applicable. Plan emergency response measures in case of accidental oil spills. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly Contractor, Costs included in solid and resources from the construction camps, sites and offices. liquid waste management Resident Engineer below. Ensure proper measures are in place for collection County Water Officer and disposal of spilled oils and lubricants. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 130 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Noise and Contractor to agree noise limits/ noise control Contractor No additional Costs vibrations stations with NEMA and obtain a Construction Noise Resident Engineer Permit prior to the commencement of construction work. Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time Contractor to prepare for approval by TAVEVO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. To the extent possible, heavy vehicles and equipment should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Public & Ensure consistent use of PPE by workforce. The Contractor Toolbox meetings and Occupational contractor should commit himself to strict awareness trainings shall be Resident Engineer Safety & Health implementation of OSHA regulations during included in the safety construction and operations. TAVEVO trainings listed above. 180,000.00 for personal protective equipment per Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 131 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Ensure the installation of barriers like fences around site - 20 pieces at an average active sites and other locations to prevent access to of 9,000.00 per person facilities by unauthorized persons. broken down as follows: safety boots – 4,000.00; Provision of PPE. Helmet – 1000.00; Reflector The workers should receive requisite training jackets – 400.00; Gloves – especially on the operation of the machinery and 600.00; Overalls – 3,000.00. equipment There should be adequate warning and directional signs. Ensuring that the prepared code of conduct for staff is followed to prevent accidents. Develop a site safety action plan detailing safety equipment to be used, emergency procedures, restriction on site, frequency and personnel responsible for safety inspections and controls. Cordon off unsafe areas Provide first Aid kit within the construction site. Construction Liability for loss Recording of all injuries that occur on site in the Contractor No additional Costs. of life, injury or incident register, corrective actions for their Resident Engineer Compensation to be damage to prevention are instigated as appropriate. determined when it happens. private property Contractor to ensure compliance with the Workmen's Compensation Act, ordinance regulations and union agreements. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 132 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact The Contractor to repair any damage done to private property. Construction HIV & AIDS Sensitize workers and the surrounding communities Contractor 200,000.00 per site to cater Impacts on awareness, prevention and management of for a comprehensive Resident Engineer HIV/AIDS through staff training, awareness awareness program campaigns, multimedia and workshops or during The County Government including VCT services and community Barazas. Provide information, education provision for ARVs and communication. TAVEVO throughout the project period. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members Construction Socio-economic Unskilled and skilled (if available) labour to be hired Contractor No additional cost impacts from the local population as far as possible to Resident Engineer minimize on influx of non-residents into the community. Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through staff training, awareness campaigns, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 133 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members The Contractor should enforce and maintain a code of conduct for his employees Construction Child Labour and Ensure no children are employed on site in Contractor No additional Costs Protection accordance with the law Resident Engineer Ensure that any child sexual relations offenses among Local Administration contractors' workers are promptly reported to the police Construction Gender Equity, The works contractor should be required, under its Contractor No additional cost Sexual contract, to prepare and enforce a No Sexual Resident Engineer Harassment Harassment and Non-Discrimination Policy, in accordance with national law where applicable. Local Administration Grievance redress mechanisms including non- retaliation. The contractor should prepare and implement a gender action plan, Construction Gender Ensure equitable distribution of employment The contractor 200,000.00 per site to cater empowerment opportunities between men and women for hiring male and female The Resident Engineer mobile toilets at the contractor’s camp. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 134 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Provide temporary toilets and bathrooms for both male and female workers on site Construction Sexual • Develop and implement an SEA action plan with Contractor 50,000.00 per site to cater Exploitation and an Accountability and Response Framework as for community and part of the ESMP. The SEA action plan will follow Resident Engineer Abuse (SEA) stakeholder engagements guidance on the World Bank’s Good Practice Note TAVEVO and sensitisation forums for Addressing Gender-based Violence in Investment Project Financing. Taita Taveta County • The SEA action plan will include how the project Government will ensure necessary steps are in place for: GBV Expert o Prevention of SEA: including CoCs and Local NGO/CBO 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; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 135 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; . Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including 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. Gender-based • The contractor will implement provisions that Contractor 50,000.00 per site for violence (GBV) at ensure that gender-based violence at the community and community level community level is not triggered by the Project, Resident Engineer stakeholder engagements including: TAVEVO and sensitisation forums o effective and on-going community Taita Taveta County engagement and consultation, particularly Government with women and girls; GBV Expert o review of specific project components that Local NGO/CBO are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 136 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc. . The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Resident Engineer Initiative) to provide security within the site in addition to the Contractor’s own security. Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 137 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the offense, location, date, time, and all other pertinent details. Construction Generation of Sorting of all wastes collected by the dustbins before TAVEVO 75,000.00 per site to cater solid and liquid transporting to the relevant facilities. for solid waste management Contractor waste such as colour coded bins Continuous removal of solid waste to prevent (red-hazardous, yellow- overloading of the drainage system to ensure its recyclable & green-organic); efficiency as well as sealed collection All transporters used should have a license from drums for used oil disposal. NEMA. Operation Generation of Sorting of all wastes collected by the dustbins before TAVEVO 50,000.00 per site to cater solid waste transporting to the relevant facilities. for the capital of acquiring Contractor dustbins to be used during Continuous removal of solid waste to prevent the operation period of the overloading of the drainage system to ensure its project. Other costs to be efficiency included in the O&M Manual. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 138 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact All transporters used should have a license from NEMA. Operation Air Quality Provide adequate framework for disposal of septic TAVEVO No additional Cost waste from ablution blocks. Operation Community and TAVEVO to establish and enforce standard operating Tavevo No additional cost occupational procedures and guidelines with mainstreamed safety safety and health and health protection measures Provide and Ensure consistent use of PPE by workforce. The operation personnel shall commit to strict implementation of OSHA regulations during operations. Ensure barriers like fences around the sites and other locations are in sound state to prevent access to facilities by unauthorized persons. Provision of PPE to facility operators and maintenance personnel. The operators should receive requisite training especially on the operation of the ablution blocks. There should be adequate warning and directional signs on hazardous areas and equipment. Develop a site safety action plan detailing safety equipment to be used, emergency procedures, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 139 Zamconsult Consulting Engineers Ltd. Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact restriction on site, frequency and personnel responsible for safety inspections and controls. Cordon off unsafe areas Provide adequately stocked first Aid kit within the facility and have some attendants trained on basic first aid administration in line with OSHA requirements. Conduct regular medical checks for the O&M personnel and cleaners in line with the OSHA Medical Examination Rules The estimated cost for implementing the ESMP during construction is Kshs. 1,955,000.00 (one million, nine hundred and fifty-five thousand Kenya Shillings) per ablution site. In total, the 6 ablution sites for Taita Taveta will require approximately Kes. 11,730,000.00 (Eleven Million, Seven Hundred and Thirty Thousand Kenya Shillings). In addition, it is anticipated that the contractor will require to establish camps that will include: office space, workshops, stores and vehicle parking among other uses. The camp sites are bound to have high human activity and use and servicing of machinery. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 140 Zamconsult Consulting Engineers Ltd. 8.3 ENVIRONMENTAL AND SOCIAL MONITORING PLAN The purpose of the Environmental and Social Monitoring Plan for the proposed project is to initiate a mechanism for implementing mitigation measures for the potential negative environmental impacts and monitor the efficiency of these mitigation measures based on relevant environmental indicators. The Environmental and Social Management Plan identified certain roles and responsibilities for different stakeholders for implementation, supervision and monitoring. The objectives of the Environmental and Social Monitoring Plan therefore are: • To ensure that the recommendations in the approved ESIA report are adhered to by the various institutions • To ensure that the environmental and social mitigation and their enhancement actions are well understood and communicated to all involved stakeholders. • To ensure that the proposed environmental and social remedial measures are implemented during the project execution stage. • To evaluate the effectiveness of environmental and social remedial measures. • To evaluate the effectiveness of various evaluation techniques and procedures. • To provide the Proponent and the relevant Lead Agencies with a framework to confirm compliance with relevant laws and regulations. Conversely, environmental monitoring provides feedback about the actual environmental impacts of the project. Monitoring results help judge the success of mitigation measures in protecting the environment. They are also used to ensure compliance with environmental standards, and to facilitate any needed project design or operational changes. A monitoring program, backed up by powers to ensure corrective action when the monitoring results show it necessary, is a proven way to ensure effective implementation of mitigation measures. By tracking the project’s actual impacts, monitoring reduces the environmental risks associated with the project, and allows for project modifications to be made where required. Incident reporting Before commencement of works, the contractor will prepare and submit for review and approval a project Construction Environmental and Social Management Plan (C-ESMP) that will be fully implemented during project implementation. During Project Implementation, the Contractor and the supervising consultant will report monthly and quarterly to the Project proponent on progress of implementation of the ESHS provisions detailed in this ESIA. 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, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 141 Zamconsult Consulting Engineers Ltd. 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. Table 8-2 presents the indicators that will be used to monitor the implementation of the sanitation project. The indicators are selected based on the project and major anticipated impacts. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 142 Zamconsult Consulting Engineers Ltd. Table 8-2: Proposed Environmental and Social Monitoring Plan Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring Pre- Spread of • Availability • The Contractors will develop a SOPs for Daily Tavevo, County Implement construction COVID-19 of SOP(s), managing the spread of Covid-19 during Government, recommendations / amongst Training project execution and submit them for Public Health planning/Co workers material, Department, & the approval of the Supervision Engineer nstruction PPE, Supervising sanitizing and the Client before mobilization. The SOPs shall be in line with the World Bank Eng. & facilities etc Contractor 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 required for all project personnel including • Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters. • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for covid-19; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 143 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; Pre- Spread of Availability of • Electronic means of consulting Daily Tavevo, County Implement construction COVID-19 SOP(s), stakeholders and, holding meetings, Government, recommendations / amongst Training whenever possible, shall be encouraged Public Health planning/Co community material, PPE, Department, & whenever feasible. One on one ntruction members during sanitizing Supervising facilities etc engagements for the PAPs while consultations observing social distance and adhering Eng. & processes Contractor 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 provided with appropriate PPE for the number of people they intend to meet; Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 144 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring • 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. • 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, distribution of consultation materials and share feedback electronically with participants Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 145 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring Construction Increased • Level of • Physical inspection Weekly Environmental Implement Traffic hence traffic Supervisor recommendations • Number of complaints Congestion generated. Contractor • Lack of proper and adequate signage to reroute vehicles. Construction Ambient air • Level of • Physical inspection Weekly Environmental Implement quality dust Supervisor recommendations • Interview residents including workers generated. • Liaise with other stakeholders • Provision of PPE. • Respiratory infections reported in the nearby health facility. Construction Site Related Oil • Presence of • Physical inspection Monthly Environmental Implement Spills oil spillage Supervisor recommendations • Number of complaints due to the constructio Contractor n activities. Construction Soil • Presence of • Physical inspection Monthly Environmental Implement oil spills on Supervisor recommendations Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 146 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring the • Number of complaints Contractor constructio n site. • Flow of wastewater on the ground surface. Construction Impacts on • Presence of • Physical inspection Monthly Environmental Implement Water resources solid and Supervisor recommendations • Number of complaints liquid waste in Contractor water resources. • Evidence of oil spills in water resources. Construction Noise and • Level of • Liaise with other stakeholders. Monthly Environmental Implement vibrations noise Supervisor recommendations • Documentation on complaints about generated. noise • Provision of PPE. • Compliance with existing noise Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 147 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring standard issued by NEMA. Construction Public & • Prevalence • Physical inspection Weekly Environmental Investigate non- Occupational rates of Supervisor compliance and • Documentation Number of complaints Safety & Health common make (including diseases. • Interview with residents recommendations Liability for loss • Provision of Implement of life, injury) condoms, recommendations contracepti ves and mosquito nets. • Conduction of campaign meetings on transmissio n of diseases like HIV/AIDS and other STDs. • Availability of adequate solid waste bins. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 148 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring • System of safe disposal of both solid and liquid waste in place. • Availability of first aid facilities. • Outpatient attendance registers. • Compliance with the Health and Safety Act. Construction Liability for loss • Record of • Review of records Monthly Environmental Implement of life, injury or accidents Supervisor recommendations • Interviews with staff and local damage to and community. private property damages done Construction HIV & AIDS • Number • Inspection of HIV/AIDS prevention Monthly Contractor Implement campaign services within the site. recommendations meetings Environmental • Number of condoms, ARVs provided. Supervisor on transmissio n of Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 149 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring diseases like HIV/AIDS and other STDs. • Number of condom dispensers within the site. • Number of ARVs provided to vulnerable persons Construction Gender • Number of • Review of company staff records. Monthly Environmental Implement Empowerment female Supervisor recommendations • Physical Inspection employees • Number of male and female toilets Construction Child Labour • Record of • Review of records Monthly Environmental Implement and Protection employees Supervisor recommendations • Interviews with staff and local including community IDs Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 150 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring Construction Gender Equity, • Number of • Review of grievance redress forms. Monthly Environmental Implement Sexual complaints Supervisor recommendations • Interviews with local community Harassment Construction Crime • Number of • Review of records Monthly Environmental Implement Management reported Supervisor recommendations • Interviews with staff and local crimes community • Number of complaints Construction Sexual • Number of • Develop and implement an SEA action Weekly Social Implement Exploitation and complaints plan with an Accountability and Safeguards recommendations Abuse Response Framework as part of the Supervisor 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. • 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 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 151 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring 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 IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; . Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 152 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring • 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. Construction Gender Based • Number of • The contractor will implement Weekly Social Implement Violence complaints provisions that ensure that gender-based Safeguards recommendations violence at the community level is not Supervisor 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.; community level water management, representation or related economic activities etc. Specific plan for mitigating these known risks, Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 153 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring e.g. sensitization around gender- equitable approaches to employment, representation, management etc. • . The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Construction Flora and • Amount of • Documentation of uprooted trees Bi-Monthly Environmental Implement fauna/Biodivers vegetation Supervisor recommendations • Physical Inspection ity within the removed project site Construction Solid & Liquid • Scattered • Physical inspection Monthly Environmental Implement & Operation waste litter Supervisor recommendations • Number of complaints. • Flow of Contractor wastewater on the ground surface. • Provision of sanitary facilities to the Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 154 Zamconsult Consulting Engineers Ltd. Frequency Responsibility Environmental Performance Phase Monitoring Requirements of Corrective Action Component Indicators monitoring constructio n crews. • Pollution of the Indian Ocean Operation Air Quality • Level of • Physical inspection Quarterly Environmental Implement odour Supervisor recommendations • Interview residents including workers generated. • Liaise with other stakeholders Operation Occupational • Availability • Physical inspection Monthly OSH Implement safety and of SOP(s), Expert/officer recommendations • Documentation Number of complaints health Training material, • Interview with residents and workers PPE etc. • Compliance with public health and Occupation al safety and Health Acts. • Record of accidents and disease infections reported. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 155 Zamconsult Consulting Engineers Ltd. August 2019 8.4 GRIEVANCE REDRESS MECHANISM The proposed project will slightly infringe on peoples’ right to free movement within the project areas and access routes. Construction activities are bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the construction works so that they do not have an adverse effect on the project. In addition, to potential grievances from the general public or PAPs, potential grievances may occur within the Construction working environment may possibly bring out grievances within the Contractor’s camp and work site among staff. This chapter briefly outlines a mechanism for settling the anticipated disputes. This procedure will not replace the existing legal system for dealing with grievances, however the PAPs and interested parties will be persuaded to use the proposed mechanism, and make use of the legal redress as a last resort at their own cost. Possible Sources of Grievances Some of the issues that may elicit disputes in the project implementation include: • Failure to understand the essence of the project and various impacts on access routes, etc. • Improper behavior of the Contractor’s staff • Emerging issues such as unforeseen impacts • Poor construction methods • Accidents or Incidents with regards to the project • Poor work environment and employee relations • Injuries and compensation issues for affected staff members. Committees Involved in the Grievance Redress and Management Processes 8.4.2.1 Grievance Redress Committee (GRC) These committees will be based in each administrative location and the actual project areas. It will be established by democratically through stakeholder consultative meetings chaired by the Contractor’s CLO. S/he will be assisted by the locational chief, who is the government local representative at the location and will form a member of the committee. The GRC will act as the voice of the general public and local stakeholders, and will work under guidance and coordination of CLO in handling grievances. The GRC will be meeting in the local chief’s office or the resident’s association/group office and will be made up of: • The locational Chief, who is the Government administrative representative at the locational unit and who deals with community disputes will represent the Government in the GRC of a Local Association/Group Representative • Assistant Chiefs, who support the locational Chief and Government in managing local community disputes in village units will form membership of the team. • Female representative, elected by women stakeholders, will represent women and children related issues as regards ESMP implementation Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 156 Zamconsult Consulting Engineers Ltd. August 2019 • Youth representative, elected by youths, will represent youth related concerns in the GRC • Vulnerable persons representative, will deal and represent vulnerable persons issues in the GRC. • Business representative, will represent business people concerns in GRC • CBO representatives • The Contractor’s Community Liaison Officer 8.4.2.2 Site Office Committee This will be a higher level committee that will sit monthly or when necessary and will be made up of: • A representative of the Contractor’s team (CLO) • A representative from the RE’s office (Environmentalist or Sociologist) • A representative of the Client • Three representatives from the GRC 8.4.2.3 Supervisor/Department Head This individual oversees the day to day activities on the site of an activity for example concrete works, pipe laying, etc. with regards to grievances among staff the Supervisor will be the first recipient of a grievance from a staff member. Based on the severity of the grievance the Supervisor can solve it or escalate it to the Contractor’s Human Resource Manager. 8.4.2.4 Contractor’s Human Resource Manager The Contractor’s human resource manager will be in charge of the entire work force within the Contractor’s camp. As such he/she will be in charge of the employment procedures, misconduct, and conformance to labour laws and overall staff wellbeing, which includes second level grievances. The Grievance Management Process 8.4.3.1 The Process for the General Public, Stakeholders and PAPs The overall process of grievance management will be as follows:- i. During the initial stages of the CLO will organize a public consultation meeting in order to select the members of GRC for each of the locations and resident associations. Following the selection of the committee members will be given copies of grievance procedures as a guide on how to handle the grievances. The GRC will pass the information to the rest of the community and stakeholders. The information will include who to contact (a phone number, address and location, time) as well as type of grievances they can refer to this committee. These procedures will be made available at the available Chief’s office or resident association office where it can be distributed to the stakeholders. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 157 Zamconsult Consulting Engineers Ltd. August 2019 ii. The process of grievance redress will start with registration of the grievances to be addressed for reference at the locational level through GRC. In all instances, records will be kept to enable progress updates of the cases. iii. Traditional local mechanisms will be used and will include local leaders and the affected persons trying to find a solution with the concerned parties. iv. In cases where a solution cannot be found at the locational GRC level reference will be made to the Site Office Committee. v. These will ensure transparency, fairness, consensus building across cases, eliminate nuisance claims and satisfy legitimate claimants at low cost. vi. The response time will depend on the issue to be addressed but all measures will be put in place to ensure efficiency, vii. Once the grievance is addressed and agreement reached, the committees can mark the issue as addressed. 8.4.3.2 The Process for the Contractor’s staff i. Following the employment of the staff, each staff member will sign a copy of the Contractor’s code of conduct and expectations from the Contractor. ii. During the entire construction process, the employees will be divided into their working teams under the respective supervisor. The various teams will have daily and weekly staff meetings where workers can exchange views with the upper management through the supervisor and get feedback and expectations from their supervisors. During these meetings grievances can be aired and a resolution sought. If a solution is not available at this level, the grievance will be escalated to the Human Resource Manager. In addition, depending on the nature of the grievance, a staff member can approach the supervisor on an individual level. iii. Records of the grievances, and their resolution or escalation will be included in the Supervisor’s weekly report and kept in the Human Resource Office. Grievance Redress Procedure 8.4.4.1 General Procedure The Grievance redress will be the functions of the GRC and Site Office Committee. All the grievances will be channelled to the GRC. A grievance log will be established by Site Office Committee and copies of the records kept by both GRC and Site Office Committee to be used for monitoring of complaints. The grievance redress mechanisms are designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. If the GRC cannot adequately address the grievance, then reference will be made to the Site Office Committee who shall strive to address the grievances raised. If a complaint pattern emerges, the Site Office Committee who will discuss and involve other relevant institutional stakeholders on possible remedial measures. Once they agree on necessary and appropriate changes, then a written description of the changed process Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 158 Zamconsult Consulting Engineers Ltd. August 2019 will be made. TAVEVO, GRCs, Site Office Committee and the local leaders will be responsible for communicating any changes to the stakeholders and affected parties. The procedure for managing grievances under will be as follows: 1) The affected person will file his/ her grievance, relating to any issue associated with the construction works in writing to the respective GRC, through a complaints box placed at the local chief’s office (or Resident Association Office) or physically to a member of the GRC. The grievance note should be signed and dated by the aggrieved person. A selected member of the Committee will act as the Project Liaison Officer (PLO) who will be the direct liaison with affected party (ies). 2) The Contractor’s Community Liaison Officer (CLO) will be working in collaboration with the other GRCs and Site Office Committee. Where the affected person is unable to write, the CLO will write the note on the aggrieved person’s behalf. Any informal grievances will also be documented by the Project Liaison officer. The note should be embossed with aggrieved person’s signature or thumbprint. A sample grievance form is provided in the table below. A copy of this completed form should be submitted by the Community Liaison Officer to Site Office Committee. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 159 Zamconsult Consulting Engineers Ltd. August 2019 Table 8-3: Table Showing a Sample Grievance Form Reference No. Contact Information Address: Please mark how you wish to be Telephone: - contacted (mail, telephone, e- mail) Email: - Preferred Language for English Communication (Please mark how you wish to be Kiswahili contacted) National Identity Number Description of Incident or Grievance: What happened? Where did it happen? Who did it happen to? What is the result of the problem Date of Incident/ Grievance One time incident/ grievance (date----------------) Happened more than once (How many times-------- ) Ongoing (Currently experiencing problem………….) What would you like see happen to resolve the problem? Signature: ………………………… Date: ………………………………. Please return this form to: COMMITTEE Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 160 Zamconsult Consulting Engineers Ltd. August 2019 3) The GRC will consult to determine the validity of claims. If valid, the Committee will notify the complainant that s/he will be assisted and a response will be given in the due time. 4) The GRC will meet and respond within 14 days during which time any meetings and discussions to be held with the aggrieved person will be conducted. During deliberations and based on the extremity of the complaint, the resolution might take a while during which the aggrieved person must be notified by the Project Liaison Officer that his/her complaint is being considered. 5) If the complainant’s claim is rejected by the Committees, the Community Liaison Officer will assist the aggrieved person to take the matter to the Site Office Committee. The Site Office Committee will look at the complaint raised by the aggrieved party and provide direction, explanation and a response. Sometimes, it will necessitate the aggrieved person to present him or herself to the Site Office Committee to explain him/herself. All efforts will be made to try and reach some consensus with the complainant. 6) If the aggrieved person does not receive a response or is not satisfied with the outcome by Site Office Committee within the agreed time, s/he may lodge his/her grievance to the County NEMA Office, also mandated to help resolve such matters). If requested, or deemed necessary by the, the Community Liaison Officer will assist the aggrieved person in this matter. 7) Where the matters cannot be resolved through local routes, the grievance will be referred to the NEMA tribunal. The Site Office Committee will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible. After the process, a grievance resolution form will be filled in order to document the resolution made. A sample of the form is provided below: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 161 Zamconsult Consulting Engineers Ltd. August 2019 Table 8-4: Sample of a Grievance Resolution Form Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 162 Zamconsult Consulting Engineers Ltd. August 2019 The Community Liaison officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. This will be done via a grievance log which will also contain a record of the person responsible for an individual complaint, and records dates for the following events:  Date the complaint was reported;  Date the grievance log was uploaded onto the project database;  Date information on proposed corrective action sent to complainant (if appropriate);  The date the complaint was closed out; and  Date response was sent to complainant.  Nature and type of grievances being raised The entire grievance redress procedure can be summarised in the figure below An aggrieved party files grievance with the GRC GRC determines the issue and communicates decision within Grievance 14 days resolved No further action Grievance forwarded to the Site Office Committee and Grievance No further Action communicates within 7 days resolved Unresolved grievances referred to the Environment tribunal Figure 8-1: Figure Showing the Dispute Resolution Procedure Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 163 Zamconsult Consulting Engineers Ltd. August 2019 8.4.4.2 Staff Procedure Grievances among the Contractor’s staff will be the responsibility of the supervisors and the Human Resource Manager. These mechanisms are designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. If a complaint pattern emerges, the Human Resource Manager will discuss and involve the company managers and attempt to mitigate these occurrences. The procedure for managing grievances under will be as follows: i. Whenever any staff feels that he/she has been treated unjustly or has any information/complaint regarding another staff or company operations; he/she should first seek an audience with the immediate supervisor/departmental head. ii. The immediate supervisor and/or departmental head may solve the matter on their own or report it to the Human Resource department for consultation and direction on the matter. iii. The staff is at liberty at any stage to appeal/report to the Human Resource department through the County Employee Relations Office and is not obligated to immediately report to the direct supervisor. iv. The decision taken will be communicated to the staff concerned. If the matter is still unresolved, his/her complaint should go to the Managing Director, through the head of Human Resource Department. Records of the complaints will be initially made by the supervisor in his/her weekly reports and kept in the human resources department as well as measures undertaken to resolve the grievances. The internal grievance redress process is summarized in the figure below: Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 164 Zamconsult Consulting Engineers Ltd. August 2019 An aggrieved party reports grievance to supervisor Supervisor deliberates the required resolution with the Grievance aggrieved party resolved No further action Grievance escalated to the Human Resource Manager Grievance No further Action resolved Unresolved grievances referred to the County Employee Relations Figure 8-2: Internal Grievance Redress Procedure GRC Costs The administration of the GRCs will not be at any additional cost to the Contractor as has been indicated in the Environmental and Social Management Plan provided in Table 8-1 above. 8.5 INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF THE ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 165 Zamconsult Consulting Engineers Ltd. August 2019 Table 8-5: Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water and Will be an overall implementing agency. Sanitation Central agency responsible for holding all information on the ESIA. Support TAVEVO in overseeing implementation of the ESMP in the approved ESIA. TAVEVO Responsible for contracting the works, and supervising and managing the contractor under the project Responsible for day-to-day coordination and implementation of the project. Oversee the contractor’s work Assist in the establishment of the GRCs and Site Office Committee. Establish the GRCs and Site Office Committee operations. Ensure the grievance committees are established and working. Monitor the Construction Phase ESMP implementation by the contractor. Responsible for operation phase ESMP TAVEVO has a Project Coordination Unit (PCU) that incorporates Environmental and Social Safeguards Experts who will help oversee the implementation of the ESMP. NEMA Review ESIA report and provide EIA license for the project. Escalate unsolvable grievances to the tribunal. Site Office Committee Ensure effective flow of information between the Contractor and public Coordinate GRCs and assist in resolution of escalated grievances Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 166 Zamconsult Consulting Engineers Ltd. August 2019 Coordinate activities between the various institutional stakeholders and the general public. Conducting extensive public awareness and consultations with the aggrieved parties so that they can air their concerns, interests and grievances. Grievance Redress Conduct extensive public awareness and consultations. Committee(s) (GRC) Help ensure that local concerns raised by stakeholders as regards environmental and social issues among others are promptly addressed by relevant authorities. Resolve manageable disputes that may arise. If it is unable to resolve, help refer such grievances to the Site Office Committee. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included. Supervisor/Department Head Oversees the day to day activities on the site of an activity. First recipient of a grievance from a staff member. Based on the severity of the grievance the Supervisor can solve it or escalate it to the Contractor’s Human Resource Manager. Contractor’s Human Resource The Contractor’s human resource manager will be in Manager charge of the entire work force within the Contractor’s camp. As such he/she will be in charge of the employment procedures, misconduct, conformance to labour laws and overall staff wellbeing, which includes second level grievances. County Employee Relations Receive unresolved complaints from employees Establish the legality of the complaint Provide a resolution on unresolved complaints in accordance to the various laws Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 167 Zamconsult Consulting Engineers Ltd. August 2019 CONCLUSIONS AND RECOMMENDATIONS In summary, the implementation of the proposed sanitary facilities as an immediate measure to cater especially for the needs of the county, will be a major step in improving the sanitation infrastructure before a major sewerage system complete with a treatment plant is constructed. This is due to the fact that there is no elaborate wastewater disposal facilities in the county. In addition, a sizeable portion of the population including commercial entities use privately owned and operated septic tanks. The waste from these facilities are emitted into the environment causing profound harm to the environment. The implementation of this project will provide a safe wastewater disposal option for Taita Taveta residents. The negative impacts identified in this ESIA during all the phases of the project including waste generation, air pollution, noise pollution, occupational health and safety impacts, community health and safety impacts, traffic, labour influx and gender impacts will be limited to the specific project location and can be mitigated through the measures proposed in the ESMP as well as the preparation and implementation of safeguard policies including but not limited to: o Waste Management Plan o Labour influx strategy o Gender based violence plan o Child protection strategy o Employment plans o Occupational Health and Safety Plan o Decommissioning Plan o Hazard Material Management Plan Other plans to aid the implementation of the safe project implementation can be included as the project continues. In addition, the recommendations of the public consultation and participation was incorporated into the findings of this report, some of the major issues addressed in the public participation include air pollution during the operation of the project as well as the water concerns of the locals within the project area. The ESIA concludes that the short-term benefits of the project will be realised once the project is fully implemented according to plan. However, Taita Taveta County in its entirety requires an elaborate wastewater management plan including a proper sewerage system and a large-scale treatment plan. The adverse impacts on the physical and natural environment will be “in sum total,” not significant, and can be handled through the recommended mitigation measures. There are incremental costs required to achieve these. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 168 Zamconsult Consulting Engineers Ltd. August 2019 REFERENCES • Collar, N.J. & Stuart, S.N. 1988. Key forests for threatened birds in Africa. ICBP, Cambridge. • Daniel Theuri, 2008. Kenya-Solar-Wind-Energy-Resource-Assessment-Report • Design, construction and evaluation of an ablution water treatment unit in Oman: A case study. Available from: https://www.researchgate.net/publication/228804121_Design_construction_and_e valuation_of_an_ablution_water_treatment_unit_in_Oman_A_case_study [accessed Oct 19 2018]. • Health Economics, Health Economics Unit, Department of Community Health, University of Cape Town, Observatory 7925, Azio Road, Cape Town, S. Africa. Tel. (27-12) 4066579., Fax: (27-21) 4488152. Email: JK@anat. Uct. Ac.za. • International Finance Corporation and World Bank Environmental, Health and Safety (EHS) Guidelines • Taita Taveta County Website • Republic of Kenya, Environmental Management and Coordination Act (EMCA, Cap 387), Government Printer, Nairobi • Republic of Kenya, Public Health Act, Cap 242, Government Printer, Nairobi. • Republic of Kenya, Water Act (2016), Government Printer, Nairobi • The Constitution of Kenya 2010 • The Final Wastewater Master Plan Report for Taita Taveta County – Design Report • The Kenya National Bureau of Statistics • The Land Act, No. 6 of 2012 • World Bank Operational Policies Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 169 Zamconsult Consulting Engineers Ltd. August 2019 APPENDICES 11.1 APPENDIX A: SURVEY QUESTIONNAIRE Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 170 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 171 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 172 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 173 Zamconsult Consulting Engineers Ltd. August 2019 11.2 APPENDIX B - PUBLIC AND STAKEHOLDER CONSULTATION Minutes of a Consultation Meeting Held at Voi County Development Fund (CDF) Office on 19th September 2018 at 2.30pm 11.2.1.1 Present • Shaban Nkrumah – Assistant Chief, Voi • Sio M. Luka – TAVEVO representative • Oldina Mwakina - TAVEVO representative • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Timothy Koome - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public 11.2.1.2 Minutes Introductions The meeting started at 02.30pm with a word of prayer by Mrs Emily Mwabili. The meeting was chaired by the area Assistant Chief who introduced the Consultant to the attendees and later the meeting. He then invited the Consultant to give his presentation. Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks located at Moi Stadium, Kariokor next to old Municipal Offices, Caltex New market, Maungu as well as the Sludge Handling Facility at Kaloleni. However, he explained that since all the proposed locations apart from Maungu were in close proximity to each other, the meeting intended to capture the four projects as they directly affect the immediate locals. He stated that another meeting would be held at Maungu to address the Maungu ablution block. He went ahead to mention that the ablution blocks would be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either sides will be constructed for persons with disabilities. Additionally, the facility on either sides will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilets facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be conducted by an active community group or organization selected by TAVEVO in liaison with the local chief/administration. He also explained that the project also involved the construction of a sludge handling facility within the public utility land at Kaloleni. He stated that the facility is a small-scale treatment plant for safe disposal of septage from on-plot sanitation systems such as septic tanks or pit latrines once conveyed via an Exhaust Vacuum Tanker. He explained that the facility largely relies on biological processes for the treatment of septage. This results to low capital investment requirement as well as Operations and Maintenance requirements (skills, complexity and labour costs), thus making it a suitable Immediate Sanitation Measure. He further explained the availability of land in Kaloleni as Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 174 Zamconsult Consulting Engineers Ltd. August 2019 well the overall county plans for long-term waste and wastewater management in the Kaloleni site was the reason why the facility had been proposed to be placed in that site. In addition, the site was within economical distance from the intended sources of septage. The Consultant then outlined that the proposed Sludge Handling Facility will comprise of the following units; a. Exhaust Vacuum Tanker Discharge Bay b. Sludge Drying Lagoons c. Septic Tanks complete with Soak Pits and French Drains d. Associated Site and Ancillary Works including Operators Office / Guard House The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan was being carried out in order to identify all the project affected persons (PAPs). Fortunately, the ablution blocks and sludge handling facility are intended for construction on public land hence only 4No. Households were identified as PAPs at the sludge site since there was minimal encroachment into the proposed site locations. He informed them that the affected would be mapped using GPS with an accuracy of 1metre in UTM coordinate system. He outlined that the cut-off date for the RAP exercise would be determined ( this was later determined to be 3rd Dec 2018 after the consultant conducted the RAP, following the actual demarcation of the Sludge Handling Facility Site). As such, any further developments within the project site would not be considered for compensation after RAP is completed. Potential PAPs would include farmers utilizing the land adjacent to the existing dysfunctional sludge dumping site. He explained to them that a questionnaire will be used to collect the PAP’s details including the actual measurements of the affected property and confirmation of the PAP’s preferred mode of compensation. He informed the attendees that the PAPs to be compensated will include those owning properties and those who will lose their source of livelihood. He further explained that the data will be forwarded to the clients where a meeting will be held between the client and the PAPs in the presence of the local administration for discussion of the procedures for compensation and to inform the community on the rates for compensation after evaluation of property on encroached land during the RAP implementation stage of the project. The Consultant also explained that a RAP verification process would be done by TAVEVO in liaison with the local chief before any negotiations/compensation can be done. Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Mr Kombe Mwanake Kala from Kariokor inquired why they had set aside the Kariokor site, whereas he thought that the site was not ideal. The consultant responded by stating that part of the reason of listening to the public was for them to air some views like those and that his views would be included in the report and presented to the client. In Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 175 Zamconsult Consulting Engineers Ltd. August 2019 addition, the consultant asked Mr Kombe to propose any alternative site for the consultant to include in the report. Q2) Mr Nasir Alfan Mwakafua from Kaloleni inquired why bring them toilets instead of industries or other superior development projects. In addition, he inquired on the operation arrangements of the facility as a way to prevent health hazards to the public. The Assistant Chief responded by stating that the county government had prepared proposals for various development projects which were presented to potential financiers and the fact that the sanitation project was at hand only meant that other projects were underway. Regarding the operation arrangement of the project, the consultant responded by stating that the project was a community project to be implemented and operated by involving the community. However, he stated that the WSP- TAVEVO which is in charge of implementing the project shall formulate an operation and maintenance manual that shall guide the operation of the project. Q3) Mrs. Mary Mazozo from Kariokor asked whether the facility was being paid for. The consultant responded by informing the meeting attendees that a fee will be discussed by the local chief and TAVEVO considering the Operation and maintenance manual prepared by the WSP on a considerable amount to be charge as a way of maintaining the facility. Q4) Mr Omar Malala from Kaloleni insisted that water was a more immediate need for the people of Voi hence asked why wasn’t there a water project to proceed an ablution blocks project. The consultant reiterated that the water projects were probably underway and that the mission for which the consultant was hired was the sanitation project. As such, information on all projects earmarked for the county could be obtained from the county government offices. Q5) Mr Mohammed from Kariokor inquired on how the project came into consideration and who was involved in recommending the project to the people of Voi. He further inquired on the department that was involved in the costing/valuation of the project. Finally he inquired on how the project was intended to be maintained and where the income of the projects would be channelled to. The TAVEVO representative responded by stating that all projects in various departments under the county are contained in the County Integrated Development Plan (CIDP). He stated further that thorough research was done before listing all the projects in the CIDP Document. He went on to state that TAVEVO was the client hence would deal with all the procurement processes during the construction stage. In addition, since the project was for the community, TAVEVO is not supposed to make profits from the project, but it would be actively involved in conjunction with the community in running the project. All proceeds from the project would be channelled to running (operation and maintenance) of the project. Q6) Mrs Precious, Mr Nuria Albert from Kariokor, Mr Idi Athmani and Mr Shukurani Kao from Kaloleni were all against the project for various reasons such as the fact that the public was not initially involved, preference to a water project, lack of public land belonging to TAVEVO as well as the state of poverty for the locals. The Assistant Chief responded by stating that there is a dire need for the sanitation projects within Voi and its vicinity. He reiterated that all the land parcels utilized for the projects were searched in the lands department to prove that they were public parcels and that in case anyone had any claims they would be duly compensated after verification is done, as required by the World Bank before commencement of the construction period. Furthermore, he urged the public to welcome the project for the benefit of the locals through a few employment opportunities, improvement of the hygiene through reduction of open defecation and to assist all those who get stranded for the lack of such facilities. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 176 Zamconsult Consulting Engineers Ltd. August 2019 The consultant went ahead to urge the public that all their concerns would be addressed in the report and in case they wished that any project be relocated, they should provide their preferred options. Q7) Mr Hamisi Salim requested that if possible, the Kariokor Ablution Site be relocated to Ndovu Health Centre or Voi Primary School. The consultant responded by stating the operation of such a facility in an institution would be different from those in public areas. That they would be under the institutions and specific operation and maintenance guidelines would be as provided by the institutions. For instance, in case of the school, such a facility may not be accessible to the public, to which the public nodded by stating that would not be an issue as long as it serves the purpose of reducing the burden to the facility. 11.2.1.3 Conclusion The Consultant thanked everybody for accepting the project and for their active participation throughout the exercise. He requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The Assistant Chief thanked everyone for attending the meeting and requested that the youth should be given jobs during the project construction phase. He thanked the guests for informing the people about the project in a good and simple way. He requested the people to own the project. 11.2.1.4 Close of Meeting The meeting ended at 11.18am with a word of prayer by Mr Hamisi Salim. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 177 Zamconsult Consulting Engineers Ltd. August 2019 11.2.1.5 Meeting’s Attendance List Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 178 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 179 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 180 Zamconsult Consulting Engineers Ltd. August 2019 11.2.1.6 Public Participation Photos Figure 11-1: Judia Mulagui addressing her concerns. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 181 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-2: Mohammed Washallah giving feedback on the project. Figure 11-3: Consultant addressing the forum. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 182 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-4: Public response to the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 183 Zamconsult Consulting Engineers Ltd. August 2019 Minutes of the Public Consultation Meeting Held at Maungu Resource Centre On 20th September 2018 at 3.00pm 1) Present • Peter S. Rangi – Chief Maungu • Dricilah Mejele – Assistant Chief Maungu Marungu • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Timothy Koome - Zamconsult Consulting Engineers (Consultant) • Masden Mwangemi – TAVEVO representative Maungu • Mary Wali Mgoda - Ward Administrator Marungu • General Public 2) Minutes Introduction The meeting started at 3.00 pm and was chaired by the chief, who introduced the Consultant to the attendees. He then invited the Consultant to give his presentation. Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning). The proposed project comprises of ablution blocks facilities in different towns within the Coast region. The consultant explained that Maungu Site was one of the proposed sites in Voi where the ablution block would be constructed. He informed everyone present of the ideal location for the ablution block which was adjacent to the TAVEVO water kiosk, next to the entrance to the chief’s camp. He further explained all the different features of the modern ablution block which include: • Six toilets with equal number for each gender • Two shower rooms; one for each gender • Toilet fitted with special amenities for use by disabled persons • A shop, store and offices • A septic tank • A 5,000-litre water tank He went on to explain that the septic tank will require desludging at an approved disposal point. He also mentioned that the project was funded by World Bank and all World Bank projects are community based thus the need to involve the community at every stage. He explained that the location was chosen based on the fact that the land is public land and no one would be displaced from the proposed site because it was vacant. He also explained that an ESIA had been carried out in the area to sensitize the public about the ablution block and now the meeting was being conducted so as to disseminate information on the findings of Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 184 Zamconsult Consulting Engineers Ltd. August 2019 the ESIA. He further explained all the mitigation measures put in place in view of the anticipated disturbances and assured the public that in case the contractor fails to adhere with the regulations put in place, they could address their complaints to the resident engineer or the grievance redress mechanism in place for relevant action to be taken. Questions, Answers and Feedback on the Maweni & Cleopatra Ablution Blocks Q1. Nichodemus Mudaki, a pastor from Maungu inquired on where the materials for the project would be sourced from. He also asked on the manner of addressing their grievances if any. The consultant responded by stating that all the materials and workmanship would be sourced as much as possible from the local community unless the specifications of the same could not be met from the nearby area. As such the community will be the priority beneficiary. The consultant went ahead to state that his report would include the grievance redress procedure that shall be availed to the public prior to the commencement of the project. It will provide step- by-step guidance on how to report any complaints regarding the manner in which the project is being handled at all stages. Q2. Judia Mulagui from Maungu Market addressed a complaint to the administrators on what was being done to provide them with a toilet in a market that they’ve been using since its establishment in 2004, making the traders and customers alike to use open defecation method of relieving themselves. The assistant chief mentioned that there was a kitty under the county government that would cater for the construction of a toilet in the market and that the project at hand was under a different program. Further, he stated that most of the market users who are in large numbers only on market days may not have the luxury of paying for such a facility. Q3. Idris Mohammed from Maungu inquired on how the toilet will be managed. The consultant responded by stating that there would be an operation and maintenance manual from TAVEVO that would involve the local administration and the community to run the project. The WSP would spearhead the operation. Q4. Mrs Esmili Chali from Marungu supported the idea of placing the proposed toilet project in the vicinity of the chief’s camp stating the major catchment at the site including traders, public meeting attendees, truck drivers etc and also stated that it would reduce waterborne diseases in the area. She also applauded the consultant for the public awareness exercise that he was conducting. The consultant noted her feedback. Q5. Mr Evans Mwachoki reiterated that the proposed project site was ideal and that he had no confidence in the long awaited public toilet to be constructed in the market under the county government’s fund. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 185 Zamconsult Consulting Engineers Ltd. August 2019 The consultant noted that various projects of similar nature under the government were majorly neglected due to a lack of a proper maintenance program. He stated that people should have confidence in this particular project as the WB had placed guidelines that would ensure the project is sustainable. Q6. Maghairi Mandavu, Felista Mdoe, Sofia Koko and Costa Tamaru all favoured the project being at the proposed ground due to the high catchment and disregarded proposals to relocate it to the existing market place that could only capture customers and few traders, most of whom are small time and may not be able to pay for the services provided by the project. The consultant noted down their sentiments. Q7. Mrs Mary Wali, the area ward administrator suggested that there should be transparency in handing over the project as well as in operation and maintenance of the same. She added that employment opportunities should be availed to the locals. The consultant responded by stating employment to the locals was a key requirement in the project. He also stated that the bank was involved at all stages of the project hence misappropriation of funds and all other irregularities were highly unlikely to occur. 3) Conclusion The Consultant thanked everybody for accepting the project and for their active participation throughout the exercise. He requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The Assistant Chief thanked everyone for attending the meeting. He thanked the guests for informing the people about the project in a good and simple way. He requested the people to fully own the project. 4) Close of Meeting The meeting ended at 11.18am with a word of prayer by Mr Mwashiriwa Mwakiro. 5) Meeting’s Attendance List Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 186 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 187 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 188 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 189 Zamconsult Consulting Engineers Ltd. August 2019 6) Public Participation Photos Figure 11-5: Maungu Chief opening the meeting with a few remarks. Figure 11-6: The TAVEVO Rep & Consultant presenting to the public Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 190 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-7: Madam Maghiri Mandavu giving his feedback on the consultant’s presentation Figure 11-8: Public response to the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 191 Zamconsult Consulting Engineers Ltd. August 2019 Minutes of a Consultation Meeting Held at Wundanyi New Market on 13th December 2018 at 10.15am Present • Givan Mwangage –Assistant Chief, Muteni Sub Location - Wundanyi. • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Lydia Mutuku - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public Minutes Introductions The meeting started at 10.15am with a word of prayer by Bi Mercy Mwashumba. The meeting was chaired by the Area Assistant Chief, who introduced the Consultant to the attendees. He then invited the Consultant and to give their presentation. Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks proposed to be located at the Wundanyi New Market behind the bus park. In addition, the client in conjunction with the local trade department had also proposed a site to be located at the spot where vendors were relocated to, in which case, a new relocation would be done. He further mentioned that the ablution blocks will be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either sides will be constructed for persons with disabilities. Additionally, the facility on either sides will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilets facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be conducted by an active community group or organization selected by TAVEVO in liaison with the local chief. He communicated that a fixed tariff will be charged for a visit to the toilet or the shower where the amount will be proposed by the client therefore the operators will not be allowed to determine or fluctuate the price of water and sanitation services. He explained that the client was in the process of preparing the operation and maintenance manual which will show the structured expenses of the facility including the maintenance and repairs of the facility, water bills, operator wages, and costs associated with the collection and transportation of sewerage from the facility to the wastewater treatment site which will greatly determine the tariff charge since the facility will be required to be self-sustainable but non-profitable. He explained that the tariff cost will be affordable for all the community member to benefits from the services of the facility thus improving the sanitation standards of the Wundanyi town. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning), including possible resettlement of Project Affected Persons (PAPs). He disclosed that with the help of the County Government surveyor, the consultant had visited the proposed sites for both the ablution blocks and found that there was no encroachment but assured the public that the issue will be looked into keenly during Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 192 Zamconsult Consulting Engineers Ltd. August 2019 the PAP identification period after the community public sensitization. He informed them that the affected would be mapped using GPS with an accuracy of 1metre in UTM coordinate system and photographs of the property or livelihood business taken during the PAP survey. He outlined that the cut-off date for the RAP exercise was 13th of December 2018. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by TAVEVO in liaison with the local chief before any negotiations/compensation can be done. Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Mr Jezerel Mugo, the market chairperson inquired if the facilities shall attract any charges from the users. The consultant responded by stating that the WSP, TAVEVO would be at the forefront in handling the operation of the facility. However, the community would be involved in the everyday running since the project was a community development project. As such, since the project has to be maintained in terms of hygiene and operations, the charges that will be set are solely for the benefit of running the project as opposed to being a profitable venture. Q2) Agatha Shiki stated that she didn’t need the project as the area lacks roads or markets which is what the public needs more than the toilets. The consultant responded by stating that the project at hand was the sanitation project. As such, it is unlikely to alter the project into a preferable one by the public. However, he stated that her sentiments for having their preferred infrastructure developments would be forwarded to the client and in case anything was in the pipeline, he would advise the client or the county government to inform them in due course. Q3) Mchungaji Claude Mnyambwa, the chairperson of the Young Pastors Association stated that the need for more awareness on the project including the operation and maintenance arrangements for the same. The consultant thanked the pastor for raising a very important point. He responded that there would be awareness seminars during the construction phase as well as the operation phase of the project. The program will touch on issues to do with maintaining the general hygiene of the facility, how to use the facility and the importance of the facility to the target catchment. As such, it will be easy for the public to appreciate the project in one voice. Q4) Mr. Oliver Ng’ang’a stated that there are members of the public who may not afford to use the facility. He inquired if there were any arrangements for them. Regarding the payment, the strategic location of the ablution block near the market was to cater for the traffic of people who are unable to access the services as they are far from their residences. Further, the fee to be paid will be manageable and is not a new concept as all public WCs that are properly maintained are never free as the proceeds are used to pay for those maintaining the facility. However, he stated that he will communicate to the operation and maintenance stakeholders on how to include those unable to pay for the facility so as to find ways in which they’re not left out. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 193 Zamconsult Consulting Engineers Ltd. August 2019 Q5) Priscilla Chari expressed her concern on where the PAPs will relocated to for the case of the ablution blocks in the old market, stating that the area was also not ideal. The consultant responded by stating that the location for a second ablution block in the area near the old market was also contentious because in as much as a shade was provided for traders by the trade department, actual structures were implemented by individuals. In fact, other structures were in the process of being set up. Furthermore, there was an existing ablution block adjacent to the proposed one. All these factors contributed to the facility not being properly sited and the consultant informed the public that one ablution block would be forfeited for the town due to lack of an ideal site, while the other one would proceed to construction. Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbors about the proposed project and PAPs census survey exercise. It was concluded that only one of the two proposed sites in Wundanyi was ideal for the project and the public supported it. For the other site that was intended to replace the rejected site at Kariokor in Voi Town, it was unfortunate that the conditions on the ground did not also favor its location. Endless claims would arise with the rising number of traders occupying the land every day. While it took time for the public to understand the project as a whole, it is clear that they were in full support after all their grievances were addressed. The assistant chief thanked everyone for attending the meeting and requested that the community embrace the project since it will benefit the community directly. He thanked the guests for informing the people about the project in a good and simple way Close of Meeting The meeting ended at 012.45pm with a word of prayer by Mrs. Susan Warombo. Meeting’s Attendance List Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 194 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 195 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 196 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 197 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 198 Zamconsult Consulting Engineers Ltd. August 2019 Public Participation Photos Figure 11-9: The consultant clarifying contentious issues to the public. Figure 11-10: Area Pastor giving his feedback on the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 199 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-11: Member of the public addressing his concerns about the project. Figure 11-12: Public response to the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 200 Zamconsult Consulting Engineers Ltd. August 2019 Minutes of a Consultation Meeting Held at Taita Taveta, Bura Ndogo B CBO Hall on 9th December 2018 at 03.30pm 11.2.4.1 Present • Wilson Sagurani – Chief, Garigashi location- Taveta. . • Chrispus Masaga – MCA,Bomeni Ward. • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Lydia Mutuku - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public 11.2.4.2 Minutes Introductions The meeting started at 03.30pm with a word of prayer by Madam Agnes Wanjala. The meeting was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant and to give their presentation. Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks located at Bura Ndogo B old cemetery grounds and new market. He further mentioned that the ablution blocks will be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either sides will be constructed for persons with disabilities. Additionally, the facility on either sides will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilets facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be conducted by an active community group or organization selected by TAVEVO in liaison with the local chief. He communicated that a fixed tariff will be charged for a visit to the toilet or the shower where the amount will be proposed by the client therefore the operators will not be allowed to determine or fluctuate the price of water and sanitation services. He explained that the client was in the process of preparing the operation and maintenance manual which will show the structured expenses of the facility including the maintenance and repairs of the facility, water bills, operator wages, and costs associated with the collection and transportation of sewerage from the facility to the wastewater treatment facility which will greatly determine the tariff charge since the facility will be required to be self-sustainable but non-profitable. He explained that the tariff cost will be affordable for all the community member to benefits from the services of the facility thus improving the sanitation standards of the Taita Taveta region. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning). Fortunately, the ablution blocks are intended for construction on public land. He disclosed that with the help of the County Government surveyor, the consultant had visited the proposed sites for the ablution blocks and Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 201 Zamconsult Consulting Engineers Ltd. August 2019 found that there was no encroachment but assured the public that the issue will be looked into keenly during the PAP identification period after the community public sensitization. He informed them that the affected would be mapped using GPS with an accuracy of 1metre in UTM coordinate system and photographs of the property or livelihood business taken during the PAP survey. He outlined that the cut-off date for the RAP exercise was 6th of December 2018. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by TAVEVO in liaison with the local chief before any negotiations/compensation can be done. Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Samuel Mkala commented by supporting the initiative of improving the sanitation condition of Taita Taveta through the proposed project and mentioned that the project will reduce open defecation which has become rampant exposing the community to diarrheal diseases especially within the Bura Ndogo B where most people are the vulnerable groups. The consultant noted down the comments. Q2) Roger Hamisi inquired on whether the proposed sites at the new market could be moved to a different location since there are two existing functional facilities serving the market. The consultant explain that the site was selected by the county government since it was situated on public land and due to the ongoing expansion of the market which will lead to increased human traffic and demand for public toilets. He iterated the county government surveyors concerns that the current facilities in the market are not adequate for the business area and the condition would worsen once the market expansion is complete. The surveyor had further explained that the facilities will be spaced out throughout the market for convenience of users and it will serve a large number of the community members since the main economic activity of most residents is farming and selling commodities at the market area. The consultant responded by ensuring the public that the site will be assessed and the viability of having the ablution block located at the market established through the ESIA and RAP process. He assured them that their sentiments will be forwarded to the client for consideration. Q3) Muthuri Elias recommended that the borehole drilled within the Old cemetery grounds adjacent to the proposed site revived since it was out of service to benefit the community as well use the water from the borehole in cases of water shortages and interruptions. The consultant replied by informing the public that the facility has been designed with an overhead tank to cater for the facility water demands and informed them that the borehole project was under the county government and their sentiments to revive the borehole will be forwarded to TAVEVO for consideration. Q4) Elena Akinyi requested that during the selection of the group to operate the facility the local government be mindful of selecting groups within the proposed area. The consultant informed the public that the reason of involving the local administration in selecting the active group or organization within the community to be the operators of the facility is due to their knowledge and understanding of the persons capable of running the daily operations of the facility within the proposed area of the project.He assured them as a requirement by the world bank Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 202 Zamconsult Consulting Engineers Ltd. August 2019 all employment for both skilled and unskilled labour which is inclusive of the facility operation will be sourced from the project area. Q5) Morris Odhiambo inquired on whether the Bura Ndogo B Community Based Organization (CBO) would be offered an office within the facility. The consultant communicated that the offices within the facilities is a provision for the operators of the facility on either side of the female and male toilets. He assured them that their sentiments will be forwarded to the client for consideration.. 11.2.4.3 Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The chief thanked everyone for attending the meeting and requested that the community should embrace the project since it will benefit the community directly. He thanked the guests for informing the people about the project in a good and simple way 11.2.4.4 Close of Meeting The meeting ended at 04.45pm with a word of prayer by Madam Agnes Wanjala. 11.2.4.5 Meeting’s Attendance List Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 203 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 204 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 205 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 206 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 207 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 208 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 209 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 210 Zamconsult Consulting Engineers Ltd. August 2019 11.2.4.6 Public Participation Photos Figure 11-13: Area Chief chairing the meeting. Figure 11-14: Area MCA giving feedback on the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 211 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-15: “Mzee wa Nyumba” Kumi addressing the forum. Figure 11-16: Public response to the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 212 Zamconsult Consulting Engineers Ltd. August 2019 Minutes of a Consultation Meeting Held at Taita Taveta, Bahati, Railways area on 10th December 2018 at 11.10am 11.2.5.1 Present • Siamo Kiluda – Assistant Chief, Lessesia Sub-Location, Taveta. • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Lydia Mutuku - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public 11.2.5.2 Minutes 11.2.5.2.1 Introductions The meeting started at 11.10am with a word of prayer by Mr.Stephen Otieno. The meeting was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant and to give their presentation. 11.2.5.2.2 Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks located at Bura Ndogo B old cemetery grounds, new market and a sludge handling facility within the public utility land at New town area adjacent to Railways area. He stated that the facility is a small-scale treatment plant for safe disposal of septage from on-plot sanitation systems such as septic tanks or pit latrines once conveyed via an Exhaust Vacuum Tanker. He explained that the facility largely relies on biological processes for the treatment of septage. This results to low capital investment requirement as well as Operations and Maintenance requirements (skills, complexity and labour costs), thus making it a suitable Immediate Sanitation Measure. He further explained that the proposed land was within the public utility land intended for developing a waste and wastewater treatment plan hence the reason of the land provision by the County Government of Taita Taveta. In addition, the site was within economical distance from the intended sources of septage. The Consultant then outlined that the proposed Sludge Handling Facility will comprise of the following units; a. Exhaust Vacuum Tanker Discharge Bay b. Sludge Drying Lagoons c. Septic Tanks complete with Soak Pits and French Drains d. Associated Site and Ancillary Works including Operators Office / Guard House He went ahead to mention that the ablution blocks would be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either sides will be constructed for persons with disabilities. Additionally, the facility on either sides will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilets facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 213 Zamconsult Consulting Engineers Ltd. August 2019 conducted by an active community group or organization selected by TAVEVO in liaison with the local chief/administration. The Consultant explained the various impacts associated with the projects, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). He informed the public that bad odours will be mitigated by providing a 30 metre buffer zone landscaped with trees to break the wind and suppressants will be added to the sewerage waste to cub any bad odours emitted by the facility. He disclosed that with the help of the County Government surveyor, the consultant had visited the proposed sites for the sludge handling facility and found that there was no encroachment but assured the public that the issue will be looked into keenly during the PAP identification process that will be conducted after the community public sensitization. He informed them that the affected would be mapped using GPS with an accuracy of 1metre in UTM coordinate system and photographs captured of the property or livelihood business He outlined that the cut-off date for the RAP exercise was 6th of December 2018. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by WSDP before any negotiations/compensation can be done. 11.2.5.2.3 Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Rachael Halwale requested that some community representatives visit the actual site proposed for the sludge handling facility. The consultant advised the public to select community representatives among the village elders to visit the proposed site and communicated to the County government surveyor informing him of the arrangements, urging him to make arrangements in liaison with the assistant chief to show the selected village elders the land boundaries and distance from the residential zones and other socio- environmentally sensitive areas Q2) Daniel Andiga sought to know if compensations will be done directly to the PAP or it will pass through channels. The consultant informed the public that during the PAP identification phase the details of the affected person and measurements or extent of damage that will be imposed to the property or livelihood will be recorded and during the RAP implementation phase a meeting will be held in presence of the local administration to agree on rates during the valuation where the PAPs will be required to open bank accounts and the compensation amount will be wired directly to the affected person. Q3) Zachariah Isaiah asked to whom the community will forward complaints during the construction period where need be. The consultants informed the attendees that a grievances redress mechanism has been set where two committees will be formed named the Sub-County Resettlement and Compensation Committee (SCRCC), established at the sub-county level and Locational Resettlement and Compensation Committees (LRCCs) established by SCRCC through PAPs and stakeholder consultative meetings Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 214 Zamconsult Consulting Engineers Ltd. August 2019 chaired by a representative of TAVEVO. He further explained that since the LRCC will be based in the Local administration it will deal directly with the community and the members of the committee will be composed of the local chief and the assistant chief, the contractor’s community liaison officer(CLO), community representatives for female PAPs, the youth, vulnerable persons, CBO and business persons. The person forwarding their grievances will be required to fill a form and where the affected person is unable to write, the CLO will write the note on the aggrieved person’s behalf for record purposes. Q4) Joseph Mwalusanya inquired on whether the community will benefit from the dried sludge for use as manure The consultant informed the attendees that once the sludge is dried up it will be require safe disposal to landfills therefore the farmers can benefit from the dried up sludge for agricultural use once laid out a program to collect the manure with TAVEVO or County Government has been established. Q5) . Omar Ali Irei requested the village elders be taken to sites where such projects have been implemented before the construction works commence. The consultant informed the attendees that their sentiments will be forwarded to the client for consideration. 11.2.5.3 Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The assistant chief thanked everyone for attending the meeting and requested the attendees support the project to reduce the outbreaks of diarrheal diseases that have been reported repeatedly. She informed them that the current location where septage is being disposed is an undesignated area between the Muslim and Christian cemetery in Bahati which is also used for solid waste disposal. She thanked the guests for informing the people about the project in a good and simple way. 11.2.5.4 Close of Meeting The meeting ended at 12.48pm with a word of prayer by Mr.Omar Ali Irei. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 215 Zamconsult Consulting Engineers Ltd. August 2019 11.2.5.5 Meeting’s Attendance List Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 216 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 217 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 218 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 219 Zamconsult Consulting Engineers Ltd. August 2019 11.2.5.6 Public Participation Photos Figure 11-17: Area Assistant Chief chairing the meeting. Figure 11-18: Member of the public giving feedback on the project. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 220 Zamconsult Consulting Engineers Ltd. August 2019 Figure 11-19: Consultant addressing the forum. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 221 Zamconsult Consulting Engineers Ltd. August 2019 11.3 APPENDIX C - CHANCE FIND PROCEDURES Chance find procedures are an integral part of the project ESMMP and civil works contracts. The following is proposed in this regard: • If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: ✓ Stop the construction activities in the area of the chance find; ✓ Delineate the discovered site or area; ✓ Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; ✓ Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 222 Zamconsult Consulting Engineers Ltd. August 2019 11.4 APPENDIX D – APPROPRIATE LAND OWNERSHIP DOCUMENTS STATUS OF LAND OWNERSHIP DOCUMENTS FOR PROJECTS UNDER TAVEVO FACILITY TOWN COORDINATES REQUEST APPROVAL LETTER PDPs TITLE DEED LETTER 1. Moi Stadium AB. Voi Available Available Available for zone 32 YES 2. Caltex Mkt AB. Voi Available Available 43 3. Maungu Centre AB. Maungu Available Available Available for zone 53 YES 4. Taveta New Mkt AB. Taveta Available Available YES 5. Bura Ndogo B AB. Taveta Available Available Available for zone 410 YES 6. Wundanyi Mkt. AB. Wundanyi Available Available Available for Zone 52 YES In total, all the six sites have approval from the county with 5 sites being mentioned in the approval letter and one site having a title deed. Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 223 Zamconsult Consulting Engineers Ltd. August 2019 TAVEVO Proposed Ablution Blocks Sites GPS Coordinates WGS84/UTM zone 37s FACILITY TOWN COORDINATES 1. Moi Stadium Ablution Block Voi 451507.08 m E 9625094.72 m S 451492.42 m E 9625090.41 m S 451517.88 m E 9625076.43 m S 451502.66 m E 9625070.13 m S 2. Caltex Mkt Ablution Block. Voi 449794.10 m E 9624489.74 m S 449783.82 m E 9624478.57 m S 449802.14 m E 9624466.44 m S 449812.84 m E 9624476.90 m S 3. Maungu Centre Ablution Block Maungu 472137.11 m E 9606434.31 m S 472126.56 m E 9606419.27 m S 472107.68 m E 9606433.20 m S 472116.01 m E 9606445.58 m S 4. Taveta New Mkt Ablution Block Taveta 350783.02 m E 9625492.55 m S 350761.96 m E 9625502.37 m S 350768.39 m E 9625516.14 m S 350789.44 m E 9625506.27 m S 5. Bura Ndogo B Ablution Block Taveta 353205.65 m E 9624781.84 m S 353197.94 m E 9624843.08 m S 353281.05 m E 9624855.22 m S 353295.89 m E 9624775.76 m S 353290.31 m E 9624762.31 m S 353257.85 m E 9624752.21 m S 6. Wundanyi Mkt. Ablution Block Wundanyi 429542.40 m E 9623446.69 m S 429536.06 m E 9623465.14 m S 429549.83 m E 9623467.81 m S 429555.40 m E 9623446.81 m S Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 224 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 225 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 226 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 227 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 228 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 229 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 230 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 231 Zamconsult Consulting Engineers Ltd. August 2019 Environmental & Social Impact Assessment Project Report for Sanitation Development Projects under TAVEVO in Taita Taveta County 232 Zamconsult Consulting Engineers Ltd. 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