E2654 V11 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN KIHOTO, KARAGITA, KAMERE AND KASARANI INFORMAL SETTLEMENTS IN NAIVASHA MUNICIPALITY MAY 2014 i EIA/EA LEAD EXPERT: I/We, the undersigned, submit on behalf of Ministry of Lands, Housing and Urban Development that the particulars given in this ESIA report for the Proposed Infrastructure Upgrading in Kihoto, Karagita, Kamere and Kasarani Informal Settlements in Naivasha Municipality are correct to the best of my/our knowledge, and that the ESIA was conducted in accordance with EMCA 1999 and Legal Notice No. 101 Name: _CAS Consultants Limited Lead Firm/Firm of Experts Sign:______________________ Date:____________________ Registration No:0006 THE PROPONENT: Ministry of Lands, Housing and Urban Development I/We certify that all the information provided herein for the purpose of this Environmental and Social Impact Assessment is true to the best of my/our knowledge and the report is submitted to NEMA with our approval. Name: ____________________________ Designation: Sign:______________________ Date:____________________ ii Contacts: Eng. Sebastian Mputhia Mwarania Sidhartha Patnaik Director Regional Director & Country Head, CAS Consultants Consulting Engineers IPE Global (Pvt) Limited Rhapta Road (Westlands) Nelleon Place The Rahimtulla Tower, No. 4 Upperhill Road P.O Box 20023—00200, Nairobi Tel: P.O Box 40324-00100, Nairobi 4445240/65 Tel: 2710644 Mobile: +254 789219607 Mobile: +254 723750397 Fax: 020-4440049 Email: spatnaik@ipeglobal.com Web: Nairobi www.ipeglobal.com Email: casconsult@africaonline.co.ke Web: www.casconsult.co.ke Dr. Swapan Kanti Chaudhuri Ken Koech Kibet Economist Environmental and Social Specialist IPE Global (Pvt) Limited IPE Towers, CAS Consultants Consulting Engineers B-84, Defence Colony, Delhi - 110 024 , India Rhapta Road (Westlands) Nelleon Place Tel: +91 (11) 40755900 Mobile: P.O Box 20023—00200, Nairobi +919811213272 Tel: 4445240/65 Mobile : +254 Email: skchaudhuri@ipeglobal.com Web: 736122920 www.ipeglobal.com Fax: 020-4440049 Nairobi Email: kkoech611@gmail.com Web: www.casconsult.co.ke This report has been prepared by CAS Consultants Limited, a NEMA registered Lead firm On behalf of Ministry of Lands, Housing and Urban Development, Government of Kenya (the “Recipient”). iii Report This report is the Environmental and Social Impact Assessment Report (ESIA) for Naivasha Municipality, Nakuru County settlements. Fact Sheet Project name Kenya Informal Settlements Improvement Project (KISIP) Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements Lead implementing agency Ministry of Lands Housing and Urban Development Funding Agency World Bank Consultants CAS Consultants and IPE Global Start Date 22 August 2012 Completion Date March 2014 Team Leader Dr. Eng. Sebastian Mwarania Deputy Team Leader Sidhartha Patnaik Target Settlements Naivasha: Kihoto, Karagita, Kamere and Kasarani. Project Est Cost (KES) 1,696,932,209.00** **Summary of BoQs is provided as appendix 9. iv TABLE OF CONTENTS 1 LIST OF TABLES xi 2 LIST OF FIGURES xii ACRONYMS AND ABBREVIATIONS xiii EXECUTIVE SUMMARY 1 1 CHAPTER ONE – INTRODUCTION 6 1.1 Project Background 6 1.2 Justification of the Project 7 1.3 Objectives of the Project and ESIA 8 1.4 Scope of the study 8 1.5 Consultancy Terms of Reference 9 1.6 ESIA Approach & methodology 9 1.6.1 Screening 9 1.6.2 Scoping 10 1.6.3 Baseline study 10 1.6.4 Desktop Study 10 1.6.6 Public participation 10 1.6.7 Reporting 11 2 CHAPTER TWO – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS 12 2.1 Introduction 12 2.2 World Bank’s Safeguard Policies 12 2.2.1 World Bank Safeguard Policy 4.01- Environmental Assessment 12 2.2.2 World Bank Safeguard Policy 4.04 - Natural Habitats 12 2.2.3 World Bank Safeguard Policy 4.36 – Forests 12 2.2.4 World Bank Safeguard Policy 4.09 - Pest management 13 2.2.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources 13 2.2.6 World Bank Safeguard Policy 4.10 – Indigenous People 13 2.2.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement 13 2.3 National policy framework 14 2.3.1 KISIP’s Environmental and Social Management Framework (ESMF) 14 2.3.2 National Environmental Action Plan (NEAP) 14 2.3.3 Environment & Development policy (Sessional Paper No. 6 of 1999) 15 2.3.4 The Kenya Vision 2030 15 v 2.3.5 The National Poverty Eradication Plan (NPEP) 16 2.3.6 The Poverty Reduction Strategy Paper (PRSP) 16 2.3.7 National Policy on Water Resources Management and Development 16 2.4 Legal Framework 17 2.4.1 The Constitution of Kenya 17 2.4.2 Environmental Management and Co-ordination Act, 1999 17 2.4.3 The Water Act (Act No.8 of 2002) 18 2.4.4 The Local Government Act (CAP 265) 19 2.4.5 Occupational Safety & Health Act, (OSHA) 2007 20 2.4.6 The Public Health Act (Cap 242) 23 2.4.7 The Physical Planning Act (Cap 303) 23 2.4.8 The Penal Code 24 2.4.9 The Land Registration Land Act, 2012. 24 2.4.10 The Land Act, 2012 25 2.4.11 Way leaves Act (Cap 292) 25 2.5 Regulatory Framework 25 2.5.1 EMCA (Water Quality) Regulations, 2006 26 2.5.2 EMCA (Waste Management) Regulations, 2006 26 2.5.3 Environmental (Impact Assessment and Audit) Regulations of 2003 27 2.5.4 Noise and Excessive Vibration Pollution Control Regulations, 2009 28 2.5.5 Proposed Air Quality Regulations 29 2.5.6 Biodiversity Regulations 30 2.6 Institutional Framework 30 2.6.1 Institutional framework for EIA under EMCA 30 2.6.2 Institutional framework under KISIP 32 2.6.3 Other institutions 33 3 CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA 34 3.1 Socio-economic characteristics of the project area 34 3.2 Macro-economic setting 34 3.2.1 Population 35 3.2.2 Poverty and income levels 35 3.2.3 Education 36 3.2.4 Health and Social issues 36 3.3 Bio- physical Environment 37 3.3.1 Topography 37 3.3.2 Climate 37 3.3.3 Geology and Soils 37 3.3.4 Water Resources 38 3.3.5 Groundwater chemistry 39 3.3.6 Riparian Land 39 vi 3.3.7 Wetland of International Importance 40 3.3.8 Flora and Fauna 40 3.3.9 Land Use and Informal Settlements 41 3.3.1 Land Tenure and Ownership Error! Bookmark not defined. 3.4 Informal settlements 41 3.4.1 Karagita 41 3.4.2 Kihoto 42 3.4.3 Kamere 43 3.4.4 Kasarani 44 3.5 Infrastructure and services 45 3.5.1 Roads and Drainage 45 3.5.2 Street and Security Lighting. 45 3.5.3 Water Supply 45 3.5.4 Sewerage 46 3.5.5 Solid Wastes 46 4 CHAPTER FOUR– PROJECT DESCRIPTION 48 4.1 Project Location 48 4.2 Project Description and Design 49 4.2.1 Roads 52 4.2.2 Drainage works 52 4.2.3 Water Supply and Sewerage 53 4.2.4 Security Lighting 53 4.2.5 Solid Waste Management 53 4.3 Description of Project’s Constructional Activities 55 4.3.1 Construction procedures 55 4.3.2 Materials, inputs and technology at the construction phase 56 4.3.3 Potential wastes at the construction phase 56 4.3.4 Waste Management during the construction phase 57 4.4 Description of Project’s operational activities 57 4.4.1 Potential wastes generated at the Operational phase 58 4.5 Project’s decommissioning activities 58 5 CHAPTER FIVE – PUBLIC PARTICIPATION 59 5.1 Background 59 5.2 Objectives 59 5.3 Methodology 60 5.3.1 Public baraza/meeting 60 5.3.2 Focused Group Discussion 60 vii 5.3.3 Direct Interviews 60 5.4 Outcome 60 6 CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES 62 6.1 No Project alternative 62 6.2 Alternative investment 62 6.3 Current project option 63 7 CHAPTER SEVEN: ASSESSMENTS OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES. 64 7.1 Impact Prediction. 64 7.2 Summary of Potential Impacts 66 7.3 Predicted Positive Impacts During Construction and Operation. 68 7.3.1 Improved Access to Essential Services. 68 7.3.2 Increased Employment Opportunities and Technological Transfer. 68 7.3.3 Improved Security. 68 7.3.4 Improved Road Surface. 68 7.3.5 Improved Housing Facilities and Property Values. 68 7.3.6 Improved Drainage. 69 7.3.7 Empowerment of Women and Gender Equity. 69 7.3.8 Improved living Standards. 69 7.3.9 Improved Education. 69 7.3.10 Road Safety. 69 7.4 Predicted Negative impacts. 69 7.4.1 Land Acquisition. 69 7.4.2 Construction Material Sourcing. 70 7.4.3 Air Pollution. 72 7.4.4 Noise Pollution. 73 7.4.5 Vegetation Loss. 73 7.4.6 Impacts on Soils and Drainage. 74 7.4.7 Impacts on Local Resources. 75 7.4.8 Contractor’s Camp Site. 76 7.4.9 Solid Waste. 78 7.4.10 Liquid Wastes. 80 7.4.11 Hazardous Sites. 82 7.4.12 Diversion and Access Roads. 83 7.4.13 Disruption of Access to Property. 84 7.4.14 Relocation of Public Utilities. 84 7.4.15 Delays in Transportation. 85 7.4.16 Emergence of Unplanned Settlements. 85 7.4.17 Discrimination on Employment Opportunities. 85 viii 7.4.18 Occupational Health and Safety. 86 7.4.19 Public Health and HIV/AIDS. 86 7.4.20 Disturbance of Community. 88 7.4.21 Site Security. 89 7.4.22 Fire Incidences. 89 7.4.23 Climate Change Impacts. 90 7.5 Negative Impacts during Operation. 90 7.5.1 Noise Pollution. 90 7.5.2 Erosion and Water Quality Degradation. 91 7.5.3 Road Accidents. 91 7.5.4 Right -of – Way Encroachment. 92 7.5.5 Cultural Changes. 92 7.5.6 HIV/ AIDS. 93 7.6 Impacts during Decommissioning Phase. 93 8 CHAPTER EIGHT: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 94 8.1 Objectives of the ESMP 94 8.2 Responsibilities 94 8.2.1 National Environment Management Authority 95 8.2.2 The Resident Engineer and Environmental and Social Officer 95 8.2.3 The Contractor 96 8.2.4 Local Authorities 96 8.3 Environmental and Social Management Plan 96 8.4 Uncertainty in ESMP 128 8.5 ESMP Management Records 128 8.6 Auditing of the ESMP 128 8.7 Costs of Mitigation 128 8.8 Environmental and Social Monitoring 129 8.9 Costs for Monitoring 130 8.10 Environmental Training and Awareness 130 8.11 Environmental Risk Management 131 8.12 Emergency Procedures 131 8.13 Environmental Audits 132 ix 8.14 Occupational Health / Safety Audits 132 9 CONCLUSIONS AND RECOMENDATIONS 133 Conclusion 133 Recommendations 133 10 APPENDICES 135 10.1 Appendix 1. Estimates of Cost and Quantities’ 135 10.2 Appendix 2. Project Design Layouts 138 10.3 Appendix 3. List of public meeting attendance 143 10.4 Appendix 4. NEMA Licence for the lead firm 161 10.5 Appendix 5 KISIP Consultancy Terms of Reference 163 10.6 Appendix 6. KISIP ESMF Generic mitigation measures for contractors172 APPENDIX 7. ENVIRONMENTAL AND SOCIAL SCREENING CHECKLIST 185 Appendix 8 Photo Plate 196 APPENDIX 8. CHANCE FIND PROCEDURES 198 x LIST OF TABLES Table 1 Investment Priorities according to Socio-economic Survey, Community Consultantions and Concept Designs ................................................................................................................................................ 1 Table 2. Summary of Key Impacts of all proposed components. .............................................................. 3 Table 3-1: Current population figures for Naivasha Settlements .............................................................35 Table 4-1: List of investment priorities based on FGD .............................................................................50 Table 7.1 Type of Impacts and Examples ..........................................................................................65 Table 7.2 Summary of potential positive and negative impacts ......................................................67 Table 7.3 Summary of solid waste management strategies. .............................................................79 Table 8.1 Environmental and Social Management Plan during construction and operation phase 98 Table 8.2 Environmental Monitoring Plan ...................................................................................... 129 xi LIST OF FIGURES Figure 31: Map of project areas and Naivasha Township .........................................................................39 Figure 4-1: Boundary map of Karagita .........................................................................................................41 Figure 4-2: Boundary map of Kihoto ...........................................................................................................42 Figure 4-3: Boundary map of Kamere ..........................................................................................................43 Figure 4-4: Boundary map of Kasarani.........................................................................................................44 Figure 2.1: Map of project areas and Naivasha Township ........................................................................48 Figure 4.1 Community Cooker Layout. ................................................................................................................55 Figure 7-1 Classification of impacts ......................................................................................................66 xii ACRONYMS AND ABBREVIATIONS Cap - Chapter CBO - Community Based Organisation CDF - Constituency Development Fund CEMP - Community Environment Management Plan DEC - District Environment Committee DRSRS - Directorate of Resource Survey and Remote Sensing EA - Environmental Audit EHS - Environmental Health and Safety EIA - Environmental Impact Assessment EIAPR - Environmental Impact Assessment Project Report EMCA - Environment Management and Coordination Act 1999 ESMP - Environment and Social Management Plan ESMF - Environmental & Social Management Framework FBO - Faith Based Organisation GDP - Gross Domestic Product GOK - Government of the Republic of Kenya KISIP - Kenya Informal Settlements Improvement Project KMP - Kenya Municipal Programme Ksh - Kenya Shillings KURA - Kenya Urban Roads Authority LN - Legal Notice L. R. No. - Land Registration Number m - Metre MEWNR Ministry of Environment Water and Natural Resources MLHUD - Ministry of Lands, Housing and Urban Development N - North NCC - Nairobi City Council NEAP - National Environment Action Plan NEAPC - National Environment Action Plan Committee xiii NEC - National Environment Council NEMA - National Environment Management Authority NET - National Environment Tribunal NGO - Non Governmental Organisation NOX - Nitrogen Oxides NPEP - National Poverty Eradication Plan OP - Operational Policy OSHA 2007 - Occupational Safety and Health Act 2007 p.a - Per annum p.m - Per month PCC - Public Complaints Committee PPE - Personal Protective Equipment PRSP - Poverty Reduction Strategy paper RAP - Resettlement Action Plan RLA - Registered Land Act SEC - Settlement Executive Committee RPF - Resettlement Policy Framework TOR - Terms of Reference UNCBD - United Nations Convention on Biological Diversity UNCCD - United Nations Convention to Combat Desertification UNCED - UN Conference on Environment and Development UNEP - United Nations Environment Programme WB - World Bank WHO - World Health Organization WSSD - World Summit for Sustainable Development xiv EXECUTIVE SUMMARY This document is the Environmental and Social Impact Assessment (ESIA) Report for the informal settlements in Naivasha Town (Kihoto, Karagita, Kamere and Kasarani) selected for the KISIP program. The Kenya Informal Settlement Improvement Project (KISIP) is Government of Kenya (GoK) initiative whose overall development objective is to improve living conditions in slums and informal settlements. Naivasha is among the 15 local authorities/Municipalities in Kenya participating in KISIP. The project proponent is the Ministry of Lands, Housing and Urban Development (MLHUD), partnering with other relevant Ministries, City/Municipal Councils and other stakeholders. The upgrade of Kihoto, Karagita, Kamere and Kasarani informal settlements is to be implemented under KISIP’s Component 3: Investment on Infrastructure and Service Delivery. This ESIA complies with the requirements of Environmental Management and Coordination Act (EMCA) 1999, and Environmental (Impact Assessment and Audit) Regulations 2003 among other legal and regulatory frameworks. It has been based on the Environmental and Social Management Framework (ESMF) developed by the MLHUD and complies with the World Bank’s Social and Environmental policies. The study adopted the standard ESIA methodology that included screening, scoping, baseline studies, public consultation and desktop study. Previously under phase 1 activities of the project component, an Inception, a Socio-Economic Survey and an Environmental and Social Screening reports were developed as part of a process that would contribute not only to this study but the final project output. Kihoto, Karagita, Kamere and Kasarani settlements is home to about 145,000 inhabitants distributed in 45,597 households. The settlements are along the periphery of Lake Naivasha and the neighbouring horticultural farms. The densely populated settlements experience poor sanitation, insecurity, poor drainage, inaccessible and poorly maintained roads, and water shortage. KISIP’s prioritized investments for these settlements are: roads, sewerage, security lighting, water supply and sanitation. The table below summarizes the priority per settlement. Table 1 Investment Priorities according to Socio-economic Survey, Community Consultantions and Concept Designs Settlemen Socio-Economic Report Community Conceptual Design t Consultation Report Report Kihoto 1. Roads Roads Roads 2. Water Supply Storm water drainage Storm water drainage 3. Solid Waste Solid waste management Solid waste management 4. Drainage Water supply Water supply 5. Street/Security Lighting Street lighting Street lighting 6. Sewerage Sewerage Sewerage Karagita 1. Solid Waste Storm water drainage Roads 2. Roads Roads Storm water drainage 3. Water Supply Street lighting Street lighting 4. Street/Security Solid waste management Solid waste 1 Settlemen Socio-Economic Report Community Conceptual Design t Consultation Report Report management 5. Sewerage Electrification Water supply 6. Vending Platforms Sewerage Kamere 1. S Solid Waste Roads Roads 2. Water Supply Storm water drainage Storm water drainage 3. Roads Street lighting Street lighting 4. Street/Lighting Solid waste management Solid waste management 5. Electricity Connection Sewerage Sewerage 6. Water supply Water supply Kasarani 1. Solid Waste Water supply Water supply 2. Roads Roads Roads 3. Water Supply Solid waste management Solid waste management 4. Security/Street Lighting Sewerage Sewerage 5. Storm water drainage Storm water drainage 6. Street lighting Street lighting The project will address the aforementioned issues so as to improve living conditions for the residents in the settlements and the state of the environment will also improve. During its construction phase, the project will create employment to the local community and boost businesses. The project contributes to the realization of the goals of the Vision 2030 and Millennium Development Goals locally. ESIA study identifies potential environmental and social impacts which might be caused by the projects selected for implementation in these settlements. ESIA has also developed, where required, measures for positive impacts enhancements, suitable mitigation measures for negative impacts. Environmental measures are described in the present document, while social issues (physical or economic displacement of persons, compensation issues) are dealt with in the RAP, which is a separate document. The ESIA report is based upon the previously submitted and approved reports related to works carried out in Naivasha Town settlements: I. Socio-economic report: based on survey works carried out in each of the settlements. II. Conceptual design report: This includes a preliminary environmental and social screening report as well as a community consultation report. III. Draft Settlement Upgrading Plan report (Feasibility study): which includes a cost benefit analysis to the choice of variants in which environmental and social parameters are taken into account. 2 IV. Detailed Design report: This is being prepared simultaneously to this ESIA and includes the final design of the infrastructure components. The civil work components taken into account in this ESIA are roads, drainage, security lighting, solid waste management, water supply and sanitation The minor, temporary negative environmental impacts that the selected projects can have will manifest themselves mainly or exclusively during construction. Likewise, mitigation measures will have to be implemented during this period. The following table summarises the key impacts of all the proposed components (both positive and negative) identified. Table 2: Summary of Key Impacts of all Proposed Components Environmental Baseline Situation Project specific impacts aspect Physical Environment Air quality The settlements have earth roads This may decrease temporarily during which generate dusts during the construction and upon completion the impact dry season and susceptible to soil will have been eliminated. erosion during the rainy seasons. Exhaust gases No high traffic concentrations, no Possibility of slight increase during from traffic and other major polluting sources construction because of construction industries nearby in project area. equipment. Cooking fires Various fuels used for cooking. The project has no impact on fuel use (or use (indoor pollution) of energy in general). Noise Noise is generally not perceived as Some noise will be caused by construction a problem; any noise emission activities. Impact is temporary, mainly by which might exist is in no way construction equipment. related to the project. Water Storm water is aggravated by non Impacts depend on site situation and on functional drainage system with project type selected: storm water discharge alot of sediments and solid wastes into the lake will have been improved since on the channels. the solid wastes will have been sorted and Drinking water access has been disposed upstream. Access to safe drinking limited and only when available in water will have been enhanced; disposal of water kiosks. liquid wastes will considerably improve in the Waste water inappropriately settlements. disposed. 3 Environmental Baseline Situation Project specific impacts aspect Surface and Currently drainage and flooding By improving the overall drainage in the ground water, has a high impact in the settlements and wastewater management, the water quality settlements with destruction of project will have an overall positive impact on (drainage property and loss of livelihood. surface water draining into Lake Naivasha. component) Water drains through the There is a risk of contamination of surface settlements and is contaminated by water during construction activities. In light solid and liquid waste. Water then of the natural drainage pattern, all flows into Lake Naivasha. contamination will drain into lake Naivasha. The impact of increased However, this ESIA report has drawn urbanisation of Naivasha town on mitigation measures to manage the temporary the water quality of lake Naivasha impacts of construction. has been recorded. Stagnating surface water (rain water as well as household grey water) has been observed in all settlements and has public health impact on the local population. Natural (biological) environment Vegetation and No natural vegetation present. N/A flora Terrestrial fauna Project sites are no habitat for N/A wildlife. Aquatic fauna No habitats for aquatic fauna. Aquatic fauna will improve upon during operation phase by reduction of wastes loads entering lake Naivasha. Human environment Displacement of Project areas are densely populated Encroachment on Part Development Plan populations (urban informal settlements). road platforms and on infrastructure way Some residents have encroached leaves will have to be dealt with prior to on public right-of-ways (road construction. corridors). Local economy Unemployment is very high in the Temporary jobs may be created during informal settlements. construction. The program aims at improving Maintenance of the systems installed will be living conditions in the settlements, necessary, could create some permanent jobs. but is not a directly income Potential permanent employment for generating program. management of ablution blocks. Overall infrastructure improvements will positively impact socio-economic conditions in the settlements. 4 Environmental Baseline Situation Project specific impacts aspect Services Infrastructure and services are Temporary interference with access to or often lacking. The program aims at disruption of services during construction improving services in the phase. settlements Public Health Malaria is a high risk in all Drainage and sewerage improves the situation settlements. Eliminating mosquito by eliminating temporary (or sometimes breeding sites is one basic way to permanent) pools of stagnant contaminated reduce this. water, thus reducing risks of water related Risk of diarrhoea, dysentery or diseases. even cholera is high. Improving Sewerage and drinking water supply will hygiene is important. improve hygiene, and in this way also reduce risk of water related diseases. Pavement of roads reduces dust and thus the risk of respiratory problems. Construction works and pavement of roads could lead to increased number of road accidents In this regard, an Environmental and Social Management Plan has been developed within this report to take into account the impacts of construction and of the operation phases of the infrastructure components. Responsibilities to the implementation of the ESMP have been allocated. The projects will develop their full benefits only if they remain fully operational in the long term. This means that maintenance of all of these projects is essential to make them sustainable. Maintenance mainly requires two things, namely (i) availability of staff capable of carrying out all surveillance and work required for guaranteeing full functionality of the systems, and (ii) availability of sufficient funding for carrying out any maintenance or repair work which might be required and local councils have been advised to consider increasing their operations and maintenance budget. Generally, we conclude that the proposed projects: i. have considerable positive effects on the inhabitants of the Naivasha settlements and respond to immediate needs felt and expressed by them; ii. have considerable positive effects on the environment; though minor temporary negative environmental impacts during construction may be experienced. However, mitigation measures has been provided; iii. the projects will also decrease the overall impact of sedimentation of Lake Naivasha by solid wastes by control of solid wastes streams in the settlements. The main recommendation is that implementation of the projects, i.e. the construction phase, will be closely followed and monitored in order to make sure that the mitigation measures proposed are implemented. All contracts for construction of any of the proposed projects must stipulate the responsibilities of the contractor for implementing these measures. 5 CHAPTER ONE – INTRODUCTION 1.1 Project Background Naivasha Town has experienced faster population growth and current population is 350,000 (2009 Census). Due to rapid growth of population, the municipality is facing pressure on existing resources and provision of such amenities as parks, green belts, roads, drainage, garbage disposal, water, sanitation, shelter, security and general infrastructure etc. The Kenya Informal Settlement Improvement Project (KISIP) was initiated by the Government of Kenya (GoK) through the Ministry of Lands, Housing and Urban Development (MLHUD) to support its urban and local government sector. The project which is funded by World Bank and other partners will be rolled out in 15 Municipalities for an initial 5 year period that started in 2010 and ends in 2015; the project targets at least 2.5 million people living and working in slums and informal settlements in Kenya. KISIP follows a similar program by the government; The Kenya Municipal Program (KMP) implemented by the Ministry of Local Government (MOLG). Whereas KPM’s main focus is building institutional capacity and city wide infrastructure, KISIP will focus on poverty reduction and improvement of living conditions in informal settlements. The project has received funding from the World Bank, and implemented in partnership with the Government of Kenya. KISIP selected Kihoto, Karagita, Kamere and Kasarani settlements in Naivasha Town for upgrade. It will fund roads, sewerage, security lighting, solid waste management, water supply and sanitation infrastructure. These are prioritized investments by the residents. The Environmental Management and Coordination Act (EMCA), 1999 and Word Bank Operational Policies require that an Environmental and Social Impact Assessment (ESIA) be done for projects likely to affect the environment significantly notwithstanding any approval, permit or license granted under the Act or any other law in force in Kenya. The ESIA should anticipate environmental impacts and suggest mitigation measures to minimize the significance of these impacts, or even eliminate their likelihood. MLHUD in compliance with the requirements of the Environmental Management and Coordination Act (EMCA) 1999 and the World Bank Environmental and Social 6 Policies carried out an Environmental and Social Impact Assessment for the development in Naivasha Town. The ESIA study fulfills the requirements of EMCA, 1999 and those contained in the Environmental (Impact Assessment and Audit) Regulations. It adhered to the World Bank Environmental and Social Polices. The ESIA was also undertaken within the Environmental and Social Management Framework (ESMF) developed by KISIP for its investments. 1.2 Justification of the Project The project will have positive environmental and social benefits after implementation. It will improve living conditions for the residents and reduce environmental pollution from waste disposal activities in the settlements. The infrastructure that will be provided will ensures accessibility through roads, better evacuation of storm water and run-off, and means for disposal of domestic liquid waste and sewage. Due to poor roads and drainage about 40.5% of the residents in the four settlements prioritised roads while 28.1% preferred water and sanitation, 17.7% prioritised garbage disposal and 8.7% prioritised security lighting in the settlements. However, this project may have some settlements missing on the water supply and sewerage component because there are already initiatives in their project area; this is to optimize resource use and eliminate duplication of projects. The project will create employment during its implementation and will create a framework that will provide for a systematic improvement and continued investments in slums across the country. The project will support the Ministry of Lands, Housing and Urban Development and local authorities in tackling housing and settlement challenges anticipated in the future due to population increase. In the last census of 2009, an estimated 39% of the Kenyan population was urban based. The World Bank estimates that 54% of the population or 23.6 million people will be living in urban Kenya by 2030. Cost Benefit Analysis for Naivasha For projects where benefits cannot easily be quantified in money terms (as in case of slums), it is not feasible to carry out economic cost benefit analysis using NPV or EIRR. The Kenya Informal Settlement Improvement project aims at upgrading the existing infrastructure of settlements in Naivasha's Kihoto, Karagita, Kamere and Kasarani to improve the living standards of the communities living there. The proposed infrastructure project will improve the highly 7 deficient road systems, water supply, access to sanitation and management of solid waste currently available to these communities. The project involved community members at all levels of the project plan to ensure that their problems are recognized and voiced, and a solution was arrived at with the involvement of the community. 1.3 Objectives of the Project and ESIA The overall project development objective of the KISIP is to improve living conditions in Naivasha Settlements (Kihoto, Karagita, Kamere and Kasarani) by investing on roads, security lighting, drainage, solid waste, sanitation, and sewer system. The objectives of the ESIA are:  To identify and predict the adverse environmental and social impacts resulting from the implementation of the proposed project.  To develop mitigation measures for the identified environmental and social impacts  To identify and predict the positive environmental impacts resulting from the implementation of the proposed project.  To establish the environmental baseline conditions for monitoring  To review and analyze alternatives to the proposed project ;  To develop an Environmental and Social Management Plan for the proposed development  To present results of the ESIA in such a way that they can guide informed decision-making. 1.4 Scope of the Study The scope of the study included the carrying out of environmental investigations within the current legislative framework. This was done in line with the requirements of Environmental Management and Coordination Act (EMCA) 1999 and Environmental (Impact Assessment and Audit) Regulations 2003 among other legal and regulatory frameworks. The study also duly complied with the World Bank’s Social and Environmental policies. The scope of the study included the following:  The baseline information on the project area.  Description of the proposed development  Relevant legal, regulatory and institutional framework to the proposed project  Public/community/ and stakeholders consultation.  Identification of positive and negative impacts of the proposed project on the environment 8  Analysis of practicable alternatives to the project.  Mitigation measures and cost estimation for all negative adverse impacts of the project.  An Environmental and Social Management Plan and monitoring framework 1.5 Consultancy Terms of Reference The Consultancy Terms of References (TOR) for this ESIA are defined below: i. To determine whether the proposed project will have adverse impacts on the environment and recommend mitigation measures for any adverse impacts identified; ii. To find out the positive socio-economic and environmental impacts and benefits associated with the proposed project for the purpose of enhancement; iii. To identify health and public safety concerns associated with the implementation of the proposed project and provide an action plan for the managing public health and safety; iv. To identify and analyze alternative scenario or options. v. To review various existing institutional, legal and policy frameworks on environmental planning and management for the proposed project vi. To collect baseline information on the project site, operations and the proposed development. vii. To collect views from the public/community around the project area and relevant stakeholders. viii. To develop mitigation measures and cost estimation for all negative impacts of the project. ix. To develop an Environmental and Social Management Plan and Monitoring Framework for managing the environmental and social impacts of the proposed development during and after the implementation of the project; 1.6 ESIA Approach & methodology 1.6.1 Screening An Environmental and Social screening was applied during the feasibility stage of the project. This was to determine the applicability of both GoK and World Bank Safeguard Policies. Overall, screening sought to determine the need for an ESIA. The process determined that the Second Schedule of EMCA, 1999 and World Bank Safeguard policies were applicable due to the potential 9 significant environmental and social impacts. The screening recommended a project level ESIA be undertaken for the project. Screening Checklist is provided as Appendix 7. 1.6.2 Scoping Scoping was undertaken to determine the diversity and severity of impacts anticipated so as to determine the scope of investigations needed and the requisite ESIA skills needed. The process identified the main issues and significant environmental impacts to focus on. The Terms of Reference (ToR) were drawn following the scoping exercise. The main environmental area of focus was the impacts of the project on the Lake Naivasha. Other area of focus was the temporary impacts during construction. 1.6.3 Baseline Study The exercise involved the study of baseline description of environmental and social characteristics of the project area. It involved visits to the settlements for observations, photography, socio-economic surveys (SES), presentations, focused group discussions (FGD) and consultation with stakeholders. The description of the baseline included: bio-physical features, socio-economic, infrastructure and land. Data from secondary sources was also relied upon when establishing the baseline. 1.6.4 Desktop Study The study entailed review of literature about the project area; review of relevant legal and policy frameworks; project documents including design concepts and reports. Previous reports of the project that informed this study include: - The Inception Report for KISIP Socio-Economic Survey Consultancy Services - The Socio-Economic Survey Report for Naivasha Settlements – Ministry of Lands, Housing and Urban Development - The Environmental and Social Management Framework (ESMF) for KISIP projects – Ministry of Lands, Housing and Urban Development - The Resettlement Policy Framework (RPF) for KISIP 1.6.6 Public Participation The public and stakeholders were involved since the inception of the project. Public participation has been key to the process from the project feasibility stage, socio-economic baseline studies, 10 project screening stage, and scoping stage, analysis of alternatives and the impacts analysis and mitigation. Public barazas, focused group discussions, meetings, and interviews were employed to achieve the objective. 1.6.7 Reporting The ESIA report in accordance with regulations 7 and 8 of Legal Notice 101 of EMCA, 1999 has been prepared and submitted to NEMA. 11 CHAPTER TWO – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS 2.1 Introduction This chapter highlights the relevant policy, legal and administrative frameworks, national and international, applicable to the proposed upgrading of Kihoto, Karagita, Kamere and Kasarani Settlements in Naivasha. This ESIA report has been prepared within the purview of KISIP’s Environmental and Social Management Framework, the Environmental Management and Coordination Act, (EMCA, 1999) and the World Bank Operational Policies. Some of the policies, legal and institutional frameworks reviewed are discussed in the section below. 2.2 World Bank’s Safeguard Policies 2.2.1 World Bank Safeguard Policy 4.01- Environmental Assessment The policy on Environmental Assessment provides the framework for the screening of projects; mitigation of potential impacts, disclosure and consultation, and capacity building. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. The requirements of this safeguard policy have been responded to in this report by evaluating the impact of the project, its alternatives, existing legislative framework and public consultation. 2.2.2 World Bank Safeguard Policy 4.04 - Natural Habitats The Natural Habitats policy is concerned with avoiding, minimizing and mitigating damage to natural habitats. It forbids the funding of activities in critical natural habitats. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological functions and most native species. As the project is not expected to have direct or indirect negative impacts on natural habitats, including Lake Naivasha, the policy is not triggered. The proposed development will eventually reduce the negative impacts on the ecosystem caused by solid wastes load from the settlements. 2.2.3 World Bank Safeguard Policy 4.36 – Forests The Forests policy promotes the sustainable management of forests, while protecting the rights and welfare of people dependent on forests. It limits financing of commercial harvesting and prohibits financing of conversion of critical forest habitats to plantations. There are no forests areas around and within the urban project area; therefore this policy will not be triggered by the project. 12 2.2.4 World Bank Safeguard Policy 4.09 - Pest Management The Pest Management policy promotes biological and environmental pest management (Integrated Pest Management - IPM) where possible, and limits the selection and use of chemical pesticides. A Pest Management Plan may be needed. This policy will not be triggered by the proposed project. 2.2.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources The Cultural Property policy seeks to avoid harm to significant, non-replicable cultural property, and provides guidance in the case of chance finds. For purposes of this policy, "physical cultural resources" are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community. The project triggers this policy since it will include civil works, which may affect cultural property (e.g. graves). 2.2.6 World Bank Safeguard Policy 4.10 – Indigenous People The Indigenous Peoples policy aims to ensure that the development process fosters full respect for the dignity, human rights and cultural uniqueness of such people, through informed participation. An Indigenous Peoples’ Development Plan (IPDP) is prepared, agreed and implemented. The project will not trigger this policy; there are no indigenous populations in the settlements. 2.2.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement The Involuntary Resettlement policy applies whenever land is taken resulting in relocation, loss of shelter, loss of assets, or loss of livelihood. The policy specifies the need to, at least, restore past income levels, and the need for consultation. Where a need for resettlement has been identified, a Resettlement Action Plan (RAP) must be prepared, agreed and implemented, while a Resettlement Policy Framework (RPF) is used in cases where needs may be identified in the course of project implementation. This policy will be triggered by the proposal in some settlements where it has cases of encroachments on road reserves and way leaves, and in case of land acquisition. The abbreviated RAP to be undertaken will address it. 13 2.3 National Policy Framework 2.3.1 KISIP’s Environmental and Social Management Framework (ESMF) Prior to the approval of KISIP, an Environmental and Social Management Framework (ESMF) was prepared. The purpose of ESMF is to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the KISIP. This is a guiding document prepared in compliance with the World Bank Operational Policies and the Environmental Management and Coordination Act, (EMCA, 1999). The ESMF is applicable to the investment on infrastructure and settlement restructuring components of KISIP. ESMF provides a generic assessment of impacts and prescriptions of mitigation measures. It also gives the institutional arrangements for implementation and project monitoring. 2.3.2 National Environmental Action Plan (NEAP) The NEAP was prepared by the Kenya Government in the1990s. It was a deliberate and firm policy designed to integrate the environmental consideration into country’s sustainable development. A multi-sectoral approach was adopted to derive comprehensive framework to ensure environmental management and conservation of natural resources. According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from industrial, economic and social development programmes that disregarded environmental sustainability. This therefore established appropriate policies and legal guidelines as well as harmonization of the existing ones in the process of development. Under the NEAP process Environmental Impact Assessments were introduced targeting industrialists, business community and local authorities. Through NEAP the Government proposes to integrate environmental conservation in economic development to provide sustainable development for posterity. This includes integration of environmental considerations in development planning at all levels; promotion of environmentally sound technologies, use of both renewable and non-renewable resources in the process of national development; establishment of an institutional framework for coordinating, monitoring, and enforcing environmental regulations and standards; and finally providing human and financial resources to support an environment and development coordinating agency and an EIA institution. 14 2.3.3 Environment & Development Policy (Sessional Paper No. 6 of 1999) Following the NEAP development, the above policy was formulated with a view to harmonize environmental and developmental goals to achieve sustainable development. It contained comprehensive strategies and appropriate guidelines for the government to act. The key objectives of the Policy include: -  To ensure that from the onset, all development policies, programmes and projects take environmental considerations into account,  To ensure that an independent environmental impact assessment (EIA) report is prepared for any industrial venture or other development before implementation,  To come up with effluent treatment standards that will conform to acceptable health guidelines. Under this paper, broad categories of development issues have been covered that require a “sustainable development” approach. These issues relate to waste management and human settlement. The policy recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or non-waste technologies, increased public awareness and appreciation of a clean environment. It also encourages participation of stakeholders in the management of wastes within their localities. 2.3.4 The Kenya Vision 2030 The Kenya Vision 2030 is a vehicle for accelerating the transformation of Kenya into a rapidly industrializing middle-income nation by the year 2030. Kenya aims to be a nation that has a clean, secure and sustainable environment by 2030. The environment sector under vision 2030 has the vision of a ‘nation living in a clean, secure and sustainable environment’. The vision is inspired by the principle of Sustainable Development and by the need for equity in access to the benefits of a clean environment. To realize this, the focus will be on 4 strategic thrusts namely; Conservation: the country will intensify conservation of strategic natural resources in a sustainable manner without compromising economic growth. Kenya intends to have achieved 10% forest cover by 2030. In addition, research activities into viable usage of natural resources will be undertaken Pollution and waste management: Despite the high rates of growth envisaged in vision 2030, Kenya will progressively apply measures to guard against the adverse effects of increased pollution and waste 15 ASALs and high-risk disaster zones: enhancing disaster preparedness in all disaster prone areas and improving the capacity for adaptation to global climatic change Environmental planning and governance: building the institutional capacity in environmental planning, and improving the impact of environmental governance in order to improve the overall management of the environment. The project (KISIP) is in line with the Kenya Vision 2030 economic development goals 2.3.5 The National Poverty Eradication Plan (NPEP) Fundamental objective of NPEP was to reduce the incidence of poverty on national level both in rural as well as urban settlements. The target set was to achieve 50% reduction by year 2015. Apart from enhancing the capacity of vulnerable group to increase their earnings, it also aimed to address the gender and geographical imbalances. These goals were also in line with World Summit for Sustainable Development (WSSD) one of which was to ensure environmental sustainability by the year 2015. The proposed development responds to the MDG goal on poverty eradication, disease eradication and environmental sustainability. 2.3.6 The Poverty Reduction Strategy Paper (PRSP) This paper was developed with two key objectives in mind namely, economic growth and poverty alleviation. The proposed project aims at addressing poverty and improving conditions in the informal settlements thus supporting this policy. 2.3.7 National Policy on Water Resources Management and Development The National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country’s socio- economic progress. It also recognizes the by-products of this process as wastewater. It therefore, calls for development of appropriate sanitation systems to protect people’s health and water resources from institutional pollution. The policy provides for charging levies on wastewater on the basis of quantity and quality. The “polluter-pays-principle” applies in which case parties contaminating water are required to meet the appropriate cost of remediation. The policy provides for establishment of standards to protect water bodies receiving wastewater. The project design takes into account all environmental components and resource conservation. 16 2.4 Legal Framework The socio-economic development is always accompanied by potential for environmental degradation. There is the risk of usage of natural resources in a fashion that is not sustainable. In view of this concern, the government has enacted several pieces of legislation to safeguard against the negative impacts on the various segments of the environment resulting from development activities. Applications of national statutes and regulations on environmental conservation suggests that KISIP has a legal duty and responsibility to undertake their mandate without compromising public health, safety and the welfare of the surrounding communities as well as conserving the environment. Such legislations include: 2.4.1 The Constitution of Kenya The Constitution of Kenya is supreme law of the land. In its preamble, the constitution shows respect to the environment as the country’s heritage, and is determined to sustain it for the benefit of future generations. Article 42 of the constitution gives every Kenyan a 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 of the same constitution and (b) To have obligations relating to the environment fulfilled under Article 70 of the constitution. The proposed informal settlements’ infrastructure upgrade will address environmental sanitation and general health for citizens living in informal settlements. 2.4.2 Environmental Management and Co-ordination Act, 1999 This act is the principal environmental management legislation and its enactment was a milestone in promoting sustainable environmental management in the country. The Act provides for the harmonization of about 77 sectoral statutes, which address aspects of the environment. The EMCA, 1999 provides an institutional framework and procedures for management of the environment, including provisions for conflict resolution. The act has several subsidiary legislations which manage various segments of the environment. The Act grants every person in Kenya a right to clean and healthy environment and mandates every person to safeguard and enhance the environment as contained in the constitution. 17 Under the EMCA, 1999, for projects of the nature described in the Second Schedule, an Environmental Impact Assessment (EIA) shall be conducted while projects already in place will undertake annual Environmental Audits (EA). The EIA report and/or EA reports are submitted to the National Environment Management Authority (NEMA) in the prescribed form, and accompanied by the prescribed fees where applicable. Key provisions of the Act among others include:  The projects to be subjected to EIA/ EA are specified in the Second schedule of the Environmental Management and Coordination Act. Besides the scheduled activities, the Act empowers the Minister to prescribe for EIA/ EA appraisal of any other activity, which in his view carries significant environmental impacts.  The National Environment Management Authority (NEMA) will administer the EIA/ EA on behalf of the minister responsible for the environment. EIA/ EA will be applicable to both public and private sector development projects and programs.  A scheduled activity will not receive the necessary authorization from NEMA to proceed or continue operating until all EIA/ EA requirements have been fulfilled and accepted by NEMA and its relevant lead agencies.  EIA/ EA licenses will be granted when NEMA and the Minister are satisfied that an EIA has been satisfactorily conducted and a realistic and achievable Environmental Management Plan of an activity has been sufficiently developed.  The undertaking of all EIA/ EA and subsequent reporting will be the responsibility of the project proponent. NEMA will, on behalf of the government, provide the procedures and technical advice to project proponents on how to comply with the EIA/EA requirements.  The EIA/ EA studies will be carried out by experts or teams of experts recognized and registered by NEMA. The project proponent has complied with the provisions of EMCA by undertaking this Environmental and Social Impact Assessment. The proponent will also be guided by the Act in the subsequent stages of the project. 2.4.3 The Water Act (Act No.8 of 2002) This is an Act of Parliament to provide for the management, conservation, use and control of water resources and for the acquisition and regulation of rights to use water; to provide for the regulation and management of water supply and sewerage services; to repeal the Water Act (Chapter. 372 of the Laws of Kenya) and certain provisions of the Local Government Act; and for related purposes. In 18 addition to this act and in furtherance of the said related purposes the Minister of Water and Irrigation, through the powers conferred to him by Sections 47(6) and 110(1) of the Water Act, 2002, made the Water (Water Services Levy) Regulations, 2008. This sought to impose a levy of one per cent (1%) of all sales of water services to consumers by each water service provider operating under the Act. The Water Act, in general, gives provisions regarding the ownership of water, institutional framework, national water resources, management strategy, and requirement for permits, state schemes and community projects. Part IV of the Act addresses the issues of water supply and sewerage. The project is responding to the requirements under this Act by seeking to address sewerage, water and sanitation issues in the project. 2.4.4 The Local Government Act (CAP 265) (Repealed by the County Government (Act of 2012) The Act requires that every municipal council, every town council and every urban council shall have powers:  To establish and maintain sanitary services for the removal and destruction of, or otherwise dealing with, all kinds of refuse and effluent and, where any such service is established, to compel the use of such service by persons to whom the service is available  To establish and maintain one or more fire brigades and to take all necessary steps for the prevention and extinguishing of fires and to compensate the owners of property demolished or damaged for the purpose of preventing or extinguishing fires; Section 171 of the Act provides that a municipal council may establish and maintain any such sewage forms or sewage disposal works either within or without its area. Section 163 (e) gives powers to the local Authorities to prohibit businesses which by reason of smoke, fumes, chemical, gases, dust, smell, noise, vibration or other cause, may be or become a source of danger, discomfort or annoyance to the neighbourhood, and to prescribe conditions subject to which such business shall be carried on. Section 165 empowers the council to grant or to renew business licenses or to refuse the same. Section 170, allows the right of access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs of sewers. To ensure 19 sustainability in this regard, the local authority is empowered to make by-laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and well being of the inhabitants of its area as provided for under Section 201 of the Act. Section 173 states that any person who, without prior consent in writing from the council, erects a building on; excavate or opens-up; or injures or destroys a sewers, drains or pipes shall be guilty of an offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender. The Act under Section 176 gives power to the local authority to regulate sewerage and drainage, fix charges for use of sewers and drains and require connecting premises to meet the related costs. According to Section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility. Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the “polluter-pays-principle”. The project area falls under the Naivasha Subcounty which will be a decentralized unit under Nakuru County Government. 2.4.5 Occupational Safety & Health Act, (OSHA) 2007 The Act provides for the safety, health and welfare of workers and all persons lawfully present at work places and for connected purposes. It also provides for the formation of Health and Safety Committees in the work place. The purpose of the act is to: o Secure the safety, health and welfare of persons at work o Protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work. Some of the provision of the act includes: Health Section 47 of the Act provides that a workplace shall be kept in a clean state free from effluvia arising from any drain, sanitary convenience or nuisance. 20 Section 48 prohibits overcrowding of workplaces and provides specific measurements for space required for each employee less than which shall constitute overcrowding. The Act also requires that workplaces should have adequate ventilation, lighting, drainage of floors, and sanitary conveniences separate for each gender. Food and drinks should not be partaken in dangerous places or workrooms. Provision is made in the Act for suitable protective clothing and appliances including where necessary, suitable gloves, footwear, goggles, gas masks, and head covering, and maintained for the use of workers in any process involving exposure to wet or to any injurious or offensive substances. Safety Part VII of the Act contains general provisions regarding machinery safety in workplace. The act makes it mandatory to fence dangerous parts of machinery. Section 68 requires steam boilers must be of good construction, sound material, and adequate strength and free from defect and shall be property maintained. The Act further provides for the training and supervision of inexperienced workers, protection of eyes with goggles or effective screens must be provided in certain specified processes. Floors, passages, gangways, stairs, and ladders must be soundly constructed and properly maintained and handrails must be provided for stairs. Special precaution against gassing is laid down for work in confined spaces where persons are liable to overcome by dangerous fumes. Air receivers and fittings must be of sound construction and properly maintained. Adequate and suitable means for extinguishing fire must be provided in addition to adequate means of escape in case of fire must be provided. Other specific provision of the act are listed below i. Health  Cleanliness – dirt and refuse should be removed frequently- three times a week or if a lot, removed daily.  Overcrowding – every worker should have at least 350 cubic feet in a workroom.  Design – The workroom should not be less than 9 feet in height.  Ventilation – There should be fresh air circulation in the room.  Lighting – Should be well illuminated  Drainage of floors – Floors should be made of material that allows good drainage.  Sanitary accommodation – There should be sufficient and suitable sanitary conveniences, separate for each sex.  Dust and fumes must be properly removed 21  Protective clothing such as dust coats and masks should be provided. ii. Safety  Precaution against falls – Floors, ladders must be soundly constructed and properly maintained and handrails provided for stairs.  Fires - There should be provided adequate and suitable means for extinguishing fire. Adequate means of escape in case of fire should also be provided. iii. Welfare  Drinking water – An adequate supply of wholesome drinking water must be provided.  Washing facilities – Adequate and suitable washing facilities should be provided.  Accommodation for clothing – An adequate and suitable accommodation for clothing not worn during working hours must be provided.  First Aid – A first Aid box or cupboard of the prescribed standard, containing nothing but first aid requisites, and in charge of a responsible person who must be always readily available during working hours. It further provides that;  In every workplace there shall be provided and maintained so as to be readily accessible, means for extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case.  All stocks of highly flammable substances shall be kept either in a fire – resisting store or in a safe place outside any occupied building:  Provided that no such store as aforesaid shall be situated as to endanger the means of escape from the factory or from any part thereof in the event of a fire occurring in the store.  Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein, having regard to the circumstances of each case.  All such means of escape as aforesaid shall be properly maintained and kept free from obstruction.  The contents of any room in which persons are employed shall be arranged or disposed that there is a free passageway for all persons employed in the room to a means of escape in case of fire. The proponent will comply with all requirements under this Act. The potential health and safety impacts have been identified and measures to mitigate proposed. 22 2.4.6 The Public Health Act (Cap 242) This Acts caters for the management of the issues with impacts on public health due to an enterprise. Section 115 -No person/institution shall cause nuisance or conditions liable to be injurious or dangerous to human health. Section 116 -All local authorities take all lawful, necessary and reasonably practical measures to maintain their jurisdiction clean, sanitary to prevent occurrence of nuisance or conditions liable to be injurious or dangerous to human health. Section 118 -Under this section conditions for nuisance are defined. It narrates that any obnoxious matter or waste flowing or discharged from any premises into Public Street or into gutter or side channel or water course not approved for discharge is defined as nuisance. Other nuisances are accumulated materials or refuse which in opinion of a medical officer is likely to harbour rats or vermin. Section 130 -This section allows local authorities to make regulation prohibiting use of water supply or erection of structure dating filth or noxious matter into water supply. Section 136 -This section further defines that accumulation of water, sewerage, rubbish, refuse and other fluids which may facilitates breeding or multiplication of pests will be deemed as nuisance. All the impacts relating to occupational health and safety have been assessed and mitigation measures provided and an EMP to implement the measures. 2.4.7 The Physical Planning Act (Cap 303) Section 30 of the Act requires the local authority to provide permission for any development. It also states that NO other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local authority. Section 29 controls the criteria for develop with power vested into local authority to;  Prohibit or control development of land or building in the interest of orderly development of the area.  Reserve and maintain all land planned for open spaces.  Consider and approve all development application and grant all necessary permission.  Control or prohibit sub division of land or plots into smaller areas. 23  Formulate by-laws to regulate zoning with respect to use and density of population and development. Finally, Section 36 states that if in connection with a development application, local authority is of the opinion that the proposed development activity will have injurious impact on the environment the applicant shall be required to submit together with the application an environmental impact assessment (EIA) report. EMCA, 1999 echoes the same by requiring that such an EIA is approved by the National Environmental Management Authority (NEMA) and should be followed by annual environmental audits. The local authority Naivasha County Council is participating in the project as one of the implementers and therefore the project is implemented with necessary approval from the local authority 2.4.8 The Penal Code The statute, forbids the release of foul air into the environment which affects health of the other persons. It also provides that any person who violates the requirement of this statute is guilty of a misdemeanour – meaning imprisonment of not exceeding two years with no option of fine. The law prohibits  To make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along public ways.  To make offensive or loud noise The impacts relating to noise, health and safety have been addressed in the EMP. 2.4.9 The Land Registration Land Act, 2012. This is an Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. The Land Registration Act of 2012 repeals the following previous legislations:  The Indian Transfer of Property Act, 1882;  The Government Lands Act, (Cap 280);  The Registration of Titles Act, (Cap 281);  The Land Titles Act, (Cap 282); 24  The Registered Land Act, (Cap. 300) The project seeks to regularize tenure in the settlements selected for upgrade. The process is currently ongoing pursuant to this Act. 2.4.10 The Land Act, 2012 This is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. Previous laws repealed by this Act are:  The Wayleaves Act (Cap. 292);  The Land Acquisition Act (Cap. 295) This Act will be applicable for some sections of the settlements where there are encroachments or illegal occupation of way leaves such as road reserves and sewer traverse routes. 2.4.11 Way leaves Act (Cap 292) Section 3 of the Act empowers the Government to carry any sewer, drain or pipeline into, through, over or under any lands whatsoever, but may not in so doing interfere with any existing building. Section 8 further states that any person who, without the consent of the Permanent Secretary to the Ministry responsible for works (which consent shall not be unreasonably withheld), causes any building to be newly erected over any sewer, drain or pipeline the property of the Government shall be guilty of an offence and liable to a fine of one hundred and fifty shillings, and a further fine of sixty shillings for every day during which the offence is continued after written notice in that behalf from the Permanent Secretary; and the Permanent Secretary may cause any building erected in contravention of this section to be altered, demolished or otherwise dealt with as he may think fit, and may recover any expense incurred by the Government in so doing from the offender. This Act will be applicable for some sections of the settlements where there are encroachments or illegal occupation of way leaves such as road reserves and sewer traverse routes. 2.5 Regulatory Framework To operationalize EMCA 1999, NEMA through the relevant committee has issued the following Regulations which have a bearing on the proposed project in regard to compliance with national requirement: 25 1.3.1 EMCA (Water Quality) Regulations, 2006 These Regulations were published in the Kenya Gazette Supplement No. 68, Legislative Supplement No. 36 and Legal Notice No. 120 of 29th September, 2006. The Regulations provides for sustainable management of water resources including prevention of water pollution and protection of water sources (lakes, rivers, streams, springs, wells and other water sources). It is an offence under Regulation No. 4 (2), for any person to throw or cause to flow into or near a water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as to cause pollution. Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permit the dumping or discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge into the environment Regulation No. 14 (1) requires every licensed person generating and discharging effluent into the environment to carry out daily effluent discharge quality and quantity monitoring and to submit quarterly records of such monitoring to the Authority or its designated representatives. The regulations will apply to the activities during the operational phase. Compliance to the regulations will be observed. 2.5.1 EMCA (Waste Management) Regulations, 2006 These Regulations were published in the Kenya Gazette Supplement No. 69, Legislative Supplement No. 37 legal Notice No. 121 of 29th September, 2006. The regulations provide details on management (handling, storage, transportation, treatment and disposal) of various waste streams including: • Domestic waste • Industrial waste, • Hazardous and toxic waste • Pesticides and toxic substances • Biomedical wastes and • Radioactive waste Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle. 26 Regulation 5 (1) provides categories of cleaner production methods that should be adopted by waste generators in order to minimize the amount of waste generated and they include: a) Improvement of production process through- Conserving raw materials and energy Eliminating the use of toxic raw materials and wastes Reducing toxic emissions and wastes b) Monitoring the product cycle from beginning to end by- Identifying and eliminating potential negative impacts of the product Enabling the recovery and re-use of the product where possible, and Reclamation and recycling and c) Incorporating environmental concerns in the design and disposal of a product Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non- hazardous waste for appropriate disposal 2.5.2 Environmental (Impact Assessment and Audit) Regulations of 2003 The requirements by NEMA as detailed in the Environmental (Impact Assessment and Audit )regulations of 2003 are reflected as follows: Section 11 of EIAAR, 2003 states: an environmental impact assessment study shall be conducted in accordance with the terms of reference developed during the scoping exercise. Section 12 of EIAAR, 2003 states: the TOR shall include matters required to be considered in the making of an EIA as may be contained in the Second Schedule to these Regulations and such other matters as the Director General may in writing require. The Second Schedule of EIAAR, 2003 states that the following issues may among others, be considered in the making of environmental assessments: 1. Ecological Considerations Biological diversity including:  Effect of proposal on number, diversity, breeding habits etc of wild animals and vegetation  Gene pool of domesticated plants and animals e.g. monoculture as opposed to wild types  Sustainable use including  Effect of proposal on soil fertility  Nutrient cycles;  Aquifer recharge, water run-off rates etc.  A real extent of habitats;  Fragile ecosystems 2. Social considerations including Economic impacts  Social cohesion or disruptions;  Effect on human health;  Immigration or emigration; 27  Communication – roads opened up, closed, rerouted;  Effects on culture and objects of culture value 3. Landscape Views opened up or closed  Visual impacts (features, removal of vegetation etc.)  Compatibility with surrounding areas;  Amenity opened up or closed, e.g. recreation possibilities 4. Land uses  Effect of proposal on current land uses and land use potentials in the project area;  Possibility of multiple uses;  Effect of proposal on surrounding land uses and land use potentials; 5. Water – important aspects to consider are the effects of the proposal on:  Water sources (quantity and quality) including Rivers, springs, Lakes (natural and man made),  Underground water or Oceans as well as Drainage patterns / systems. The third Schedule of the EIAAR, 2003 provide general guidelines for carrying out an environmental impact assessment study that are summarized as:  Sources of impacts  Project inputs  Project activities  Areas of impact on the natural and human environments  Environmental impact (general impacts on the natural and human environment)  Environmental Guidelines and Standards (national legislation, international guidelines, international conventions and treaties)  Mitigation measures  Environmental Management Plans  Environmental Monitoring and Auditing. The development of this report was guided by the above recommendations and other frameworks mentioned previously 2.5.3 Noise and Excessive Vibration Pollution Control Regulations, 2009 Part II section 3(I) of these Regulations states that: no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment and section 3(2) states that in determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source. Part III, Section 11(1) states that any person wishing to (a) operate or repair any machinery, motor 28 vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device; or (b) engage in any commercial or industrial activity, which is likely to emit noise or excessive vibrations shall carry out the activity or activities within the relevant levels prescribed in the First Schedule to these Regulations. Any person who contravenes this Regulation commits an offence. Section 13(1) states that no person shall operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to emit noise in excess of the permissible levels as set out in the Second Schedule to these Regulations. These purposes include emergencies, those of a domestic nature and /or public utility construction. Section 14 relates to noise, excessive vibrations from construction, demolition, mining or quarrying sites, and states that: where defined work of construction, demolition, mining or quarrying is to be carried out in an area, the Authority may impose requirements on how the work is to be carried out including but not limited to requirements regarding (a) machinery that may be used, and (b) the permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations. It further states that the relevant lead agency shall ensure that mines and quarries where explosives and machinery used are located in designated areas and not less than two kilometres away from human settlements and any person carrying out construction, demolition, mining or quarrying work shall ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source. The Regulations will be observed during the project’s implementation phase. Noise minimization measures have been provided in the impacts mitigation section of the report and the ESMP 2.5.4 Proposed Air Quality Regulations Under the general prohibitions (Part II), section 5 states that no person shall act in a way that directly or indirectly causes immediate or subsequent air pollution. Among the prohibitions are priority air pollutants (as listed under schedule 2 of the regulations) that include general pollutants, mobile sources and green house gases. Odours are also prohibited under section 9 of the regulations (offensive emissions). Emissions into controlled areas such as schools, hospitals, residential areas and populated urban centres are also prohibited. Part VII on occupational air quality limits in section 29 states that an occupier of premises shall ensure that exposure of indoor air pollutants does not 29 exceed the limits stipulated under the Factories and Other Places of Work rules or under any other law. Other sources are recognized at sections 32 and 33 are those arising from construction equipments and materials as well as particulate matter from demolitions of structures and buildings as well as stockpiled dry materials. These regulations together with other acceptable national and international norms will be observed. 2.5.5 Biodiversity Regulations Part II of Regulations, section 4 states that no person shall engage in any activity that may have adverse impacts on ecosystems, lead to introduction of exotic species or lead to unsustainable use of natural resources without an EIA licence. The regulation puts in place measures to control and regulate access and utilization of biological diversity that include among others banning and restricting access to threatened species for regeneration purposes. It also provides for protection of land, sea. Lake or river declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999. These regulations complement each other with the World Bank OP/BP 4.04 policy. The regulations will be observed during the project implementation. 2.6 Institutional Framework The proposed project is likely to be influenced by the operational jurisdiction of various institutions established under various statutes. The main ones are listed hereunder. 2.6.1 Institutional Framework for EIA under EMCA National Environmental Council (NEC) The National Environment Council (NEC) is established under Section 4 of EMCA. NEC which is chaired by the Minister in charge of the environment, is the highest policy making body under EMCA. NEC is responsible for policy formulation and directions for purposes of EMCA. NEC sets national goals and objectives and promotes cooperation among both public and private organizations engaged in environmental protection programmes. The National Environment Management Authority (NEMA) The National Environment Management Authority (NEMA) is established under Section 7 of EMCA. NEMA is the principal Government institution charged with the overall supervision and co- 30 ordination over all matters relating to the environment as well as implementation of all policies relating to the environment. NEMA is responsible for dealing with EIA. NEMA has to date considerably developed its human and other resource capacity to enable it coordinate the environmental management activities of Lead Agencies. Provincial and District Environment Committees Under section 29 (1) of EMCA, the Minister shall by notice in the gazette appoint Provincial and District Environment Committees of NEMA in respect of every province and district respectively. These committees assist NEMA in effectively carrying out its function of proper management of the environment at these levels. It is instructive to note that the membership of these committees include inter alia representatives of farmers or pastoralists, business community, women and youth. Public Complaints Committee PCC The Public Complaints Committee is established under Section 31 of EMCA. The PCC is concerned with the investigation of complaints relating to environmental damage and degradation generally. The PCC has powers to investigate complaints against any person or even against NEMA or on its own motion investigate any suspected case of environmental degradation. The PCC is required by law to submit reports of its findings and recommendations to NEC. The law however is weak in that it does not provide PCC with the mandate to see its recommendations carried through. Further, NEC is not specifically required to do anything with regard to the reports submitted by the PCC and will often note and adopt the same without any further follow up action. So far the PCC has experienced challenges such as failure to honour summons, hostility between parties, hostility directed at PCC investigators, lack of understanding of EMCA and abdication of duty by Lead Agencies. Standards and Enforcement Review Committee The Standards and Enforcement Review Committee (SERC) is a committee of NEMA and is established under Section 70 of EMCA. This is a technical Committee responsible for formulation of environmental standards, methods of analysis, inspection, monitoring and technical advice on necessary mitigation measures. The Permanent Secretary under the Minister is the Chairman of the Standard and Enforcement Review Committee. The members of the SERC are set out in the third schedule to EMCA. They consist of representatives of various relevant government ministries and 31 parastatals that are Lead Agencies as well as those responsible for matters such as economic planning and national development, finance, labour, public works, law and law enforcement, etc. Other members are drawn from public universities, and other government institutions. National Environmental Tribunal (NET) The NET is established under Section 125 of EMCA for the purpose of hearing appeals from administrative decisions by organs responsible for enforcement of environmental standards. An appeal may be lodged by a project proponent upon denial of an EIA license or by a local community upon the grant of an EIA license to a project proponent. NEMA may also refer any matter that involves a point of law or is of unusual importance or complexity to NET for direction. The proceedings of NET are not as stringent as those in a court of law and NET shall not be bound by the rules of evidence as set out in the Evidence Act. Upon the making of an award, NET’s mandate ends there as it does not have the power to enforce its awards. EMCA provides that any person aggrieved by a decision or award of NET may within 30 days appeal to the High Court. 2.6.2 Institutional Framework under KISIP Ministry of Lands, Housing and Urban Development The Ministry of Lands, Housing and Urban Development is responsible for housing policy and shelter provision in Kenya. Its main objective is to promote the provision of adequate and affordable shelter to all Kenyans. The Ministry plays a supervisory as well implementation of KISIP project in the identified Municipalities in Kenya. Ministry of Lands The Ministry of Lands is responsible foe land settlement, adjudication, registration of titles, planning and acting as custodian for government land. The Ministry will participate in the tenure and regularization under component one of the project and in the process of physical development plan. The Naivasha Subcounty and Nakuru County Government The Naivasha Subcounty is established under the Local Government Act Cap 265 (now repealed by the County Government Act of 2012 and affected by the Urban Areas and Cities Act of 2011) of the Laws of Kenya. Amongst its key responsibilities is that which entails mobilization of internal and 32 external resources and within existing regulatory framework, directing such resources towards addressing the basic needs of the populace in the town. It will be operating as the decentralized unit of the County Government of Nakuru Under KISIP, the Naivasha Subcounty is charged with the responsibility of project monitoring, operation and maintenance in all four project components. 2.6.3 Other institutions Other institutions involved as stakeholders in the project include: KURA: Kenya Urban Road Authority – The mandate of KURA as defined in the Kenya Roads Act, 2007 is the Management, Development, Rehabilitation and Maintenance of all public roads in the cities and municipalities in Kenya except where those roads are national roads. KURA is hence responsible for main town’s trunk roads and settlement level unclassified road networks. RVWSB: Rift Valley Water Service Board – Water Services Boards are responsible for capital investments in sewerage and waste water treatment. These services are paid for by a sewerage standing charge on the water bill, whilst connections to the network are paid by the households through a connection fee. NAIVAWASS: Naivasha Water Supply and Sewerage – The Water Act of 2002 states that local Water Services Providers appointed by the Water Services Boards (WSB) are responsible for operations and maintenance of all wastewater collection and treatment infrastructure. NAIVAWASS is Naivasha Town’s main water services and sewerage provider. KP: Kenya Power – Kenya Power is responsible for the transmission, distribution and retail of electricity throughout Kenya 33 CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA This chapter provides a description of the baseline environmental and socio-economic conditions of the project area based on primary and secondary information. The information was obtained through consultations, site visits and review of literature material. The proposed project site is along Lake Naivasha which is in Naivasha municipality, Naivasha District in Rift Valley Province of Kenya. The spatial extent of the municipality is approximately 941 km2, which includes the 241 km2, covered by the lake, making it one of the largest municipalities in the country. Naivasha is located 90km north west of Nairobi and 70km form Nakuru town. The Trans-African Highway serves it from Mombasa-Nairobi-Kisumu to the Uganda road and Old main road from Nairobi through the Longonot-Kijabe route. Naivasha lies between latitude 0o09’ and 0o55’ South and between longitudes 35o50’ and 36o42’ East. The local communities primarily obtain their livelihood from growing agriculture and horticulture products; crops as well as livestock herding. Stable climatic conditions play a critical part to the success of these practices. 3.1 Socio-Economic Characteristics of the Project Area The socio-economic characteristics of the project area are provided in this section. The information was obtained from both primary and secondary sources with the Socio-economic survey carried providing most of the information specific to the project area. The project area is in the proximity of Lake Naivasha which supports a diversity of activities, such as intensive agriculture under irrigation which is one of the main foreign exchange earners that employs more than 300,000 people. The lake’s water quality and levels have reduced due to agricultural activities; land degradation, pollution and environmental deterioration. 3.2 Macro-Economic Setting Kenya is slowly picking up momentum for economic growth after unimpressive performance in the past attributable to poor governance and ugly events associated with past election cycles. The impetus for growth is premised on a number of strategies by the government, key among them; the Kenya Vision 2030. The vision identifies economic, social and political pillars as necessary key strengths necessary to transform Kenya into a middle class economy by the year 2030. A stable macro-economic environment which is highly dependent on a timely and efficient monetary policy will be required for >10% growth of GDP to be realized. Important sectors that will unlock the 34 country’s economic potential include tourism, agriculture, manufacturing, and service sectors. The country is making investments on infrastructure including roads, energy, communication and technology. There is an effort to address housing challenges and the proliferation of slums and informal settlements. 3.2.1 Population Naivasha has experienced faster population growth and current population is 350,000(2009 Census), the specific populations per settlement is shown in table 3-1 as obtained from the Municipal Council of Naivasha. Due to rapid growth of population, the municipality is facing pressure on existing resources and provision of such amenities as parks, green belts, roads, street lights, security lights, drainage, garbage, water, sanitation, infrastructure shelter, etc. Table 3-1: Current population figures for Naivasha Settlements Population Census Number of Informal Settlement (2009) 2013 2034 Household Kamere 22400 24,771 50,090 170 Kihoto 10500 11,611 23,480 380 Kasarani 12000 13,270 26,834 250 Karagita 19000 19,986 28,475 350 Total 63900 69,637.25 128,877.65 1150 3.2.2 Poverty and Income Levels About 40.1% of the population in Nakuru lives below poverty line as compared to the country level poverty rate of 47.2%. In Naivasha municipality, poverty most affects casuals working in the flower farms and those looking for jobs in the same farms. The youth in general are the most affected by poverty since they lack jobs and don’t have any capital to start a viable business. It should be noted that most of the key-manufacturing firms in Nakuru and Naivasha towns have collapsed resulting in high number of unemployed people. This has also contributed significantly towards the national proportion of the poor. 35 The socio-economic survey (SES) report shows that a large proportion of the households in Kihoto and Karagita (64.8%) had monthly income ranging between Ksh9,000 (USD 110) and Ksh22,500 (USD 274). In Kamere a slightly lower number in this income bracket, the SES further indicates that a large proportion of the households (60%) had monthly income ranging between Ksh9,000 (USD 110) and Ksh22,500 (USD 274). While in Kasarani the income data further reveals that over half (55.4%) of the households had monthly income ranging between Ksh9,000 (USD 110) and Ksh22,500 (USD 274). The disposable income for households is generally low, majority of the residents live in poverty in the four settlements, the situation being worse in Kamere and Kasarani. 3.2.3 Education In Naivasha settlements, the survey carried showed there was high levels of school enrolment among children under age of 16 years in the settlements; children under 16 years of age in Kihoto 97.5%, karagita 99% Kamere 96.7% and Kasarani 96.4% settlements are attending school respectively. Adults of over 15 years of age having completed primary education are 78.2%, 76.9%, 76.9%, and 66.5% for Kihoto, Karagita, Kamere and Kasarani respectively. 3.2.4 Health and Social Issues The main health issues in Naivasha settlements include access to health facilities, child and maternal mortality and the incidences of certain diseases such as HIV/ AIDS, tuberculosis and malaria, among others. In Karagita Malaria, respiratory problems, and typhoid were identified as main diseases by 42.3%, 32.1%, and 20.1% of the households respectively. In Kihoto settlement Malaria, respiratory problems, and typhoid were identified as main diseases by 48.8%, 28.2%, and 16.2% of the households respectively. While residents of Kamere intimated Malaria, typhoid, respiratory problem, and diarrhoea were identified as main diseases by 41.7%, 30.6%, 13.2%, and 12.4% of the households respectively. Kasarani the socio-economic report revealed Malaria, typhoid, respiratory problem, and diarrhoea were identified as main diseases by 37.7%, 31.1%, 14.1%, and 9.7% of the households respectively. Access to healthcare in the settlements is generally average and diseases identified have a relation with the state of environment. Unsanitary conditions and poor drainage have predisposed the residents to these ailments. 36 3.3 Bio- physical Environment 3.3.1 Topography The area is dominated by flat to gently sloping topography, except for the western offshore areas, which are moderately steep. Lake Naivasha is a fresh water crater lake, surprisingly in alkaline environs. This is believed to be a result of underground water inflows plus the inflow of Gilgil, and Malewa rivers. The vegetation forms a zonation along a topographic gradient starting from the lake dominated by a papyrus fringe. There are other macrophites to the immediate fringe of the lake. Other vegetation include shrublands, grasslands and woodlands. The area is prone to flooding and erosion due to the runoff from the higher areas. Provision of settlement drainage will control flooding, reverse soil erosion and subsequent diposition in the lake. 3.3.2 Climate Lake Naivasha is located in the rin shadow of the Aberdare Range with a mean annual rainfall of about 650mm. The mean annual rainfall in the Aberdare Range is 1350mm. The mean temperature around Lake Naivasha is approximately 25oc with a maximum temperature of 30oc, with December – March as the hottest period. July is the coldest month with a mean temperature of 23oc. The Lake Naivasha Watershed is drained by only two perennial rivers, namely Malewa River and Gilgil River with catchment areas of 1700km2 and 400km2 respectively. The rivers and ground water sources are a key to the provision of water to the Naivasha and Nakuru municipalities as well as other adjoining human activities. 3.3.3 Geology and Soils The proposed infrastructure improvement project area is dominated by two types of quaternary deposits, one of which is lacustrine and the other volcanic in origin. These have major implications for the distribution and properties of the soils. On the basis of surface outcrops, the main products of volcanism within the Olkaria Volcanic Complex (termed the Olkaria Volcanic Group) are alkali rhyolite (comendite) lava and pyroclastic rocks. Trachyte and basalthawaiite lava have been minor products, but widespread trachytic pyroclastics to the north-west, west and south-west of the complex are believed to have been erupted from vents within the complex. Pyroclastics-ashes, agglomerates and tuffs make up a considerable proportion in them area, this covers the whole volcanic plain, easterly winds during the eruptions caused the heaviest accumulations of ejected 37 ashes, from Longonot volcano, to occur in around the proposed project area and that recent pyroclastics are more acid in composition. The ashes are usually inter-bedded with other volcanic. The age of the volcanic activity is between 0.4 and 0.45 Ma with the most recent eruptions reported to be 2000 years ago. The distribution of the soils and the underlying rocks in and around L. Naivasha is complex as a consequence of past influences, intensive variation in climatic condition and volcanic activities. Naivasha soils are light grey to brown to pinkish non-calcareous soils. The lake catchments are situated in fertile and productive Western Aberdare’s ranges and Kinangop plateau. The high human population density and forest clearing from settlement has resulted in extensive catchments degradation and changes in land use. 3.3.4 Water Resources Naivasha has a four layer aquifer system with the water strike level (main aquifer) at a depth of 97.56- 102.13 m with some shallow and deeper levels. Major water storage zones are the gravely sand sediments, -the contact zone of basic and acidic volcanic, the intercalation zones of basalts and tuffs, fissures in the acidic volcanics, solution cavities in tuffs, along fault zones. Lake Naivasha is the major water source especially for the horticultural activities in the area. The area is of medium groundwater potential and yields generally vary with depth. The recharge to groundwater is mainly from direct rainfall, and the base flow of surface water bodies (Malewa, Gilgil, Njoro Rivers. The recharge varies on variation of rainfall distribution (altitude) and geological variation. Similarly, secondary phenomena (structures/cavities), soil, vegetation type, rock mineralogy, degree/end product of weathering, compaction influenced it. the location of the Lake Naivasha and the four project sites (Kihoto, Karagita, Kamere and Kasarani are atleast 1 kilometre away from the Lake as shown in figure 3.1 below. 38 Figure 31: Map of project areas and Naivasha Township 3.3.5 Groundwater Chemistry Studies around Lake Naivasha indicate a dominant sodium bicarbonate groundwater type of rhyolitic composition with high silca and/or fluoride levels. E-coli, fecal coli form and nitrates, mainly from point sources are the main pollutants in Naivasha area. The chemistry of the water is a result of many natural interactions and human induced impacts. Water quality shows a minor change with depth even in the same rock and a significant change with change in geology. Water from the lacustrine and reworked sediments show maximum variations in quality with the amount of heavy metals, Fe, F higher in groundwater The high salinity is probably due to deeper old water lain sediments (salt rich?) and old water that is connected with shallow fresh water due to the open faults or the salt and gas rich deep circulating groundwater that comes with high pressure, as in Bogoria lake springs. 3.3.6 Riparian Land Most of the lake is surrounded by riparian land defined as the 100 meters between owned land and backside of the vegetation fringe. The frontier land beyond the riparian zone is used for agriculture 39 (horticulture and floriculture), settlements (laborers working in agricultural farms), game sanctuary, range-land and forest. Very few locals own land next to the Lake. This riparian land is under the custodian of Lake Naivasha Riparian Association (LNRA) which is an NGO formed in 1927. It is a diverse group composed of landowners, business and conservation organizations working together to manage the use of Lake Naivasha’s resources and its environs in a sustainable manner. On this land no permanent buildings are allowed, but grazing and cultivation is allowed.The project is not located in the riparian land. 3.3.7 Wetland of International Importance Recently Lake Naivasha was designated as a “Wetland of International Importance” where the mandate to manage the site resides with the local community, i.e. a Ramsar site according to IUCN/LNRA (2005). Therefore any form of development initiative in the site has to be accepted by the community since they are the custodian of the lake. 3.3.8 Flora and Fauna The lake has submerged macro flora including various species of Ceralophyllum demersum, Najas pectinara and Patomogeton spp. The lake and its’ surroundings support a high diversity of animals especially birds (400 species) and several species of macro and micro invertebrates and vertebrates. Invasive aquatic plants have colonised the Lake such as Eichornia Crassipes, Salvinia molesta and Pistia straliates and cause problems. Along its Eastern and Northwestern shores, the lake is fringed by Cyperus Papyrus and Typha domigensis with a large papyrus swamp in the North encompassing the mouth of the affluent rivers. The shoreline vegetation is composed of papyrus-typha swamp and further away from the shoreline is acacia xanthophloes. The Naivasha Thorn or Yellow Fever Tree (Acacia Xanthophloea) is the dominant terrestrial tree species forming the woodland around the lake. It’s an important habitat for birds and wildlife. The undergrowth provides an important buffer against erosion and helps prevent transport of silt and nutrients into the lake. The settlements have no much flora and fauna due to the developments in the settlements. In the main settlement areas there is limited flora and fauna since they have been converted into residential areas. There is scattered grasslands and shrubs. The project will have no direct impacts on the lake Naivasha flora and fauna. The four settlements Kihoto, karagita, kamere and Kasarani have atleast 1 kilometre away from the Lake. 40 3.3.9 Land Use and Informal Settlements Land ownership in Naivasha includes public and private. Most land is privately owned in Naivasha settlements through leaseholds. Private land is owned either by individuals or by groups of individuals with freehold titles. 3.4 Informal settlements 3.4.1 Karagita Figure 4-1: Boundary map of Karagita Karagita settlement came into existence around 1966. Most of the land owners have tittles. The settlement has some houses that are made of tin/mud/wattle and roofed with iron sheets, while others have been built using stone and iron sheets and are plastered inside. The house rents vary depending on the type of structure. 3.4.2 Kihoto The settlement is served by three roads and several feeder roads. These roads are busy throughout and have businesses and services located along them. Generally all the roads are affected by insecurity due to lack of lighting. The settlement has benefited from a collaborative project for water supply and sanitation. The project has built 15 water kiosks at a radius of 100 meters. The settlement has supply of electricity but household connection depends on an individual’s ability to make payments for connection. The settlement area is normally affected by flooding due to absence of proper drainage system. Although land was demarcated for social amenities, not much effort has been made by the government or the community to have them in place. Improvement of infrastructure will improve Karagita by controlling flooding, proper solid waste management will positively impact on the settlement and the lake. Provision of high tower flood lights will improve 41 the security of the settlement and also allow traders to trade Figure 4-2: Boundary map of Kihoto beyond sunset. Roads will enhance access into and out of the settlement.Kihoto This settlement was set up originally by 30 people who came together and bought 30 acres of land and subdivided the land according to their shareholding. On departure of the white settlers, the 30 individual bought additional acres stretching all the way to the lake. The additional land was subdivided into 30 strips as each shareholder wanted his plot to have access to the lake. Thus, the upper section of the land was used for residential purposes while the lower part was used for farming purposes. During the subdivision of the land, the issue of roads and amenities was not taken into consideration. Instead paths were created along which people used to access other plots or parts of the settlement. The settlement has an additional piece of land that is under dispute between the 30 shareholders and the municipal council. The shareholders claim that the land belongs to them while the municipal council reserved the piece of land to conserve some of the trees planted on it by the first president of Kenya. The settlement has five main earth roads that are motorable. However, most of these roads are impassable during the rainy season. The roads are narrow due to historical reasons of allocating the land and also due to encroachment. The settlement area does not have water. Majority of the residents depend on handcart delivered water. The water table is high thus the risk of water mixing with toilet waste is very high posing a major risk to the health of the residents. Less than half of the households have electricity connection. The area has no drainages and is prone to flooding. Improvement of infrastructure will improve Kihoto by controlling flooding, proper solid waste management will positively impact on the settlement and the lake. Roads will enhance access into and out of the settlement. 42 3.4.3 Kamere The settlement is named after Joseph Kamere, who sold part of his farm measuring 32 acres to individuals. He demarcated the land into several plots and then sold them to the public. The owners have allotment letters and title deeds are being processed. Poor planning and haphazard construction became a common feature of the settlement. The houses have been constructed using different materials e.g. timber and iron sheets; tin and metals; stones and iron sheets. The settlement has earth roads Figure 4-3: Boundary map of Kamere that are in poor condition. They are steep and rocky and some have been affected by soil erosion. Gullies form during heavy rains thus making them impassable. Traders have established businesses along the road sides. There are eight water Kiosks that are managed by a private contractor. Water distribution lines exist within the settlement. There is a transformer in the settlement area and 50% of the dwellers are supplied with electricity. Pit latrines are commonly used by the households but many plots lack bathroom and toilet facilities.The upper side of the settlement has a stone pitched drainage, but the lower part of the settlement does not have any drainage mechanisms which cause flooding of the area during heavy rains. Improvement of infrastructure will improve Kamere by controlling flooding, proper solid waste management will positively impact on the settlement and the lake. Provision of high tower flood lights will improve the security of the settlement and also allow traders to trade beyond sunset. Roads will enhance access into and out of the settlement. 43 3.4.4 Kasarani Kasarani land was initially Figure 4-4: Boundary map of Kasarani owned by Tarabete Cooperative Society. It was later subdivided and sold to a white settler, Municipal Council of Naivasha and four others. The white settler opened a strawberry farm which he later extended to a flower farm. This attracted people who came in as labourers and started the first settlement in 1986. With the coming of the HZ & Company, there was introduction of more workers who came in to work in the water pump project. HZ & Company settled its workers on one piece of land which they named Kasarani. Further subdivision took place upon the death of the white settler and more land buyers trickled in attracted by the cheap plots on sale. This made the settlement a cosmopolitan area as it kept growing as a shopping centre. Over the years, the settlement has grown into five villages, namely Gurumuki, Kosovo, Kasarani, Tarabete and Tumaini. There are three main earth roads all of which are in poor condition. The roads have been affected by soil erosion. Other areas in the settlement are accessed through foot paths. Due to encroachment the roads have become narrow. The settlement has three water points. One flower farm owner (known as BilaShaka) provides free water to the settlement dwellers whenever there is a water shortage. The settlement has supply of electricity but only a few houses have been able to access it. This is because the majority households cannot afford to pay charges for electricity connection. It is understood that each plot in the settlement has two toilets. There is also a communal toilet located at the market place but this is not maintained. The settlement does not have a drainage system because of which the households face flooding problem during heavy rains. Provision of water supply and sanitation will improve the health conditions of the settlement, while 44 roads and garbage collection will enhance access in the settlement and solid waste will also improve the public health condition and the Lake in general 3.5 Infrastructure and Services Infrastructure and services in Naivasha settlement are not adequate due to the rapid population growth, urbanisation and the lack of proper forward planning preceding actual development. Access to the infrastructure and services is by a few, mostly living in the well planned and the up market areas of the town. The informal settlements are poorly served or not served at all with basic infrastructure such as roads, security, sewerage, drainage, water supply and sanitation. The status of infrastructure and services in the four settlements of Naivasha is provided in this section. 3.5.1 Roads and Drainage The road network comprises of unpaved access roads and streets. Corridor extends are definable but a number of encroachments could still be observed in form of temporary structures. Existing road surfaces are unevenly poor and undermine riding quality which leads significant discomfort to the road users. Junction locations need adequate areas to improve on visibility, safety and capacity. There are no amenities for pedestrians and cyclists. In all the settlements there are no drainages or those that exist are either inadequate or malfunctioned way back in time. 3.5.2 Street and Security Lighting In kihoto settlement a paltry 4% of the households mentioned availability of street light and 70.6% of them reported that street lights had not been working all or most of the time. In Karagita only 5.5% of the households mentioned availability of street lights and 57.9% of them reported that street lights had been working all or most of the time. In Kamere and Kasarani there is no security lighting in the entire settlements. As we acknowledge the state of insecurity in the settlement which has been aggravated by the biting poverty levels, the consultant proposes to install high tower flood lights as a measure of luminating the settlement and improving the security conditions of the settlement. 3.5.3 Water Supply People living in Kihoto averred that the primary source of drinking water for about 58.8% of the households was found to be water vendors. Another one-fourth of the households reported relying 45 on water kiosks/tankers. In Karagita the primary source of water for drinking for about 55.8% of the households was found to be water kiosks. Another 28.9% of the households reported relying on water tankers/vendors. Kamere settlement has its primary source of drinking water for about 55.7% of the households was found to be water kiosk. Another 22.8% of the households reported relying on water vendor/tankers. In Kasarani the primary source of drinking water for about 49.4% of the households was found to be water kiosk. Another 15.5% of the households reported relying on water vendor/tankers 3.5.4 Sewerage Most informal settlements in Naivasha are not served by the existing water-borne sewerage system. These settlements lack proper infrastructure for sewerage and in some where the trunk sewer lines are available, they cannot connect due to the costs involved and physical impediments because of the nature of the settlements. In Karagita households were found to use different types of toilets. About 76.9% of the households mentioned using public/shared latrine, while another 17% reported using individual ordinary pit latrine. In Kihoto the households were found to use different types of toilets. About 70% of the households mentioned using public/shared latrine, while another 25.8% reported using individual ordinary pit latrine. In Kamere about 70.5% of the households mentioned using public/shared latrine, while another 18.4% reported using individual ordinary pit latrine. In Kasarani 71% of the households mentioned using public/shared latrine, while another 22% reported using individual ordinary pit latrine. These latrines are considered to be unsuitable since they lack to provide sustainable and adequate sewerage waste disposal. 3.5.5 Solid Wastes Solid waste is a serious environmental challenge especially in informal settlements. Kihoto households (64.8%) reported dumping garbage outside their house or in their own compound. About 14.8% of the households had been burning or burying garbage while another 18.8%mentioned availing city, private or CBO run garbage collection system. Majority of the households (76.9%) in Karagita reported dumping garbage outside their house or in their own compound. About 17.1% of the households mentioned that they had been using city or organized private or CBO run collection system for garbage disposal. Most households in Kamere (76%) reported dumping garbage outside their house or in their own compound. About 8.4% of the 46 households had been burning or burying garbage while another 15.4%mentioned availing city or private or CBO run garbage collection system. Majority of kasarani households (76.8%) reported dumping garbage outside their house or in their own compound. About 18.6% of the households had been burning or burying garbage while another 4.7% mentioned availing private garbage collection system. The consultant has proposed to provide transfer station with auxiliary services to ensure sustainability. 47 CHAPTER FOUR– PROJECT DESCRIPTION 4.1 Project Location The project will be implemented in Kihoto, Karagita, Kamere and Kasarani settlements in Naivasha Municipality, Nakuru County which are entirely urban informal settlements. Nakuru County has several local authorities which Naivasha Municipal is among them. Nakuru County covers 7,495 sq. km and a population of 1,603,325 (2009 Census), the density of Nakuru County is 214 persons per sq. km. The share of urban population in Nakuru is 45.8% and it is the sixth largest urban centre in the country. Naivasha was formerly in the larger Nakuru District in Rift valley province but currently it belongs to the newly created Naivasha District. It is situated about 90 km northwest of Nairobi and about 70 km from Nakuru town. In 1979, Naivasha was designated as an Urban Council and in 1993 it was elevated to its current status of a Municipality. The Council has jurisdiction over Figure 4.5: Map of project areas and Naivasha Township an area of 941sq. km including the area of the Lake Naivasha of 241 sq. km. Naivasha is one of the biggest Municipalities in Kenya. Nakuru County created under the Local 48 Government Act Cap 265, now repealed by the County Government Act, 2012. 4.2 Project Description and Design KISIP was designed with the following four components: Component 1: Strengthening institutions and project management - This component will support institutional strengthening and capacity building of the Ministry of Lands, Housing and Urban Development, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: enhancing tenure security- This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements. Component 3: Investing in infrastructure and service delivery - This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements. Component 4: Planning for urban growth- will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. During SES and FGD, the community and SEC members also identified investment priorities. The list included in order of priority the following: piped water connection and setting up of water points; roads; setting up more garbage collection points; construction of public/private toilets; storm water drainage; security lighting; vendor platforms; and electrification (Table2.1). However, it may be noted that the households did not recommend construction of vendor platform. 49 Table 4-1: List of investment priorities based on FGD Infrastructure Description of Works required Location Construction of steel and concrete tanks Kihoto, Karagita, Construction of water kiosks Kamere and Kasarani. Construction of distribution lines Water Rehabilitation of borehole-Kasarani Rehabilitation of mains connecting settlement with the town’s main water supply system-Kihoto. Upgrading of main settlement access roads based upon the Kihoto, Karagita, planned KURA urban road network where Kihoto's KH Kamere and Kasarani BRD 1 and KH GRD 6,Karagita's KR BRD 1 and KR BRD Settlement Roads 2, Kamere's KM BRD 1 and KM GRD 5 and Kasarani's KS BRD 1 and KS BRD 7 denotes main settlement access roads for the settlements. It proposed to provide 4 solid waste transfer stations as well Kihoto, Karagita, as strategic transfer stations. The ultimate disposal of the Kamere and Kasarani waste will be either utilizing the waste for cooking or Settlement periodical collection by the Naivasha Subcounty to the town’s Solid waste central dumpsite. The design for the transfer station is such management that it has both provisions. For the cooker, the consultant has liaised with the community cooker foundation to loop them into the programme if the proposal goes through due to their expertise in this field. Construction of Primary and Secondary sewer lines along the Kihoto, Karagita, existing access roads. Kamere and Kasarani Sanitation Settlement Construction of VIP (Ventilated Improved Pit) Latrines in these settlements for the residents with no latrines. Storm water D1N001: the main Naivasha Town trunk drainage (Photo Kihoto, Karagita, 50 drainage 2.1) proposed for extension to Lake Naivasha along the edge Kamere and Kasarani of a corridor designated for a road up to the lake. Settlement D2Ki001,D2Kr001,D2Km001and D2Ks001: main settlement drainage for Kihoto, Karagita, Kamere and Kasarani settlements respectively drain will follow the settlements' proposed road network. Security Kihoto, Karagita, Installation of 19 flood lights in the settlements lighting Kamere and Kasarani Source: Ministry of Lands, Housing and Urban Development Socio-Economic Survey Report for 2012 51 4.3 Prioritized Investments The prioritized investment which has been settled on for the two settlements based on their feasibility and consultation with the stakeholders are described in the following sub-sections. 4.3.1 Roads The roads will be paved and will entail tarmac, and murram roads. The draft aerial designs of the roads in the four settlements of Naivasha are shown in Appendix 2 as the project design layouts. 4.3.2 Drainage works Insufficient and malfunctioned drainage systems often cause flooding. This was considered as a major problem in some of the settlements included in this study. Typically, a project for storm water drainage will consist of the following main elements: i. Upgrading, improving and/or enlarging, if required, existing drainage channels; ii. Construction of new drains along roads if required; iii. Upgrading or construction of culverts etc; iv. Construction of main drainage channels which collects storm water from the settlement; v. Maintaining crossings and integrity of road network. The following issues have to be considered: i. Inflow of surface runoff water from higher lying ground outside of the settlement. This could potentially affect the situation and the effectiveness of the measures significantly and needs to be taken into account. ii. Settlement catchment: this will increase as a result of the proposed developments/interventions, which will increase covered surface area and thus the runoff. iii. Outflow of the drainage water from the settlement through the main channel: it has to be made sure that this will not cause problems downstream of the selected settlement. iv. Maintenance of the system: site inspection has shown that at least in some instances the immediate problem is not the lack of drains, but rather the fact that they are blocked by sediments. v. The combination of waste (plastic bags to a large extent) and sand can completely clog culverts and drains. Maintenance of the new structures will be essential, and a good solid 52 waste management should be implemented in order to reduce this problems. Aerial impressions of the proposed drainage systems per settlement are attached as Appendix 2. 4.3.3 Water Supply and Sewerage In a considerable number of settlements included in the study, drinking water is a problem while the available Lake water is not good for drinking purposes due to high content of flouride. While the infrastructure of pipes may be available, there are issues concerning supply (rationing/peak demands not being met), quality and cost of the product). Very few households are connected to a sewerage system. In some instances there is no sewage infrastructure at all and where it exists, it is plagued by blockages and is not functional. Uncontrolled runoff of sewage can affect the quality of soils, surface and ground water, and can constitute a major health risk. In some settlements provision of alternative sanitation infrastructure such as communal ablution blocks have been considered. This investment menu will be rolled out in Kihoto, Kamere and Kasarani settlement. Karagita settlements will not be implemented because there are already similar initiatives on going in the settlement. Aerial impressions of the sewerage network for the settlements is attached as Appendix 2 This will entail settlement wide extension of the existing water supply and sewer connection. Rehabilitation of the existing dysfunctional infrastructure will be carried out. Additional piping and construction of manholes and chambers will be undertaken. 4.3.4 Security Lighting Providing of street or security lighting in the settlements, will ensure enhanced lumination and security in areas like public transport terminals, markets, schools, social halls, police posts, playing fields and walking routes. The consultant has proposed 18 tower masts Kihoto 5, Karagita 6, Kamere 3 and Kasarani 4. Minimal environmental and social issues are expected as a result of the implementation of this type of projects, while many positive impacts are expected. 4.3.5 Solid Waste Management The investment will entail 2 sub-components: 1.) A solid waste management infrastructure 2.) A solid waste management infrastructure 53 An elaborate household waste collection plan and a suitable transfer station have been proposed.. The community cooker station will provide a safe, easy and conveniently located where smaller loads delivered by handcarts and individuals will be consolidated, sorted and utilized. The proposed community cooker collects and burns rubbish in order to generate heat that can be used for cooking, baking, boiling water and for other light industrial purposes. The cooker turns rubbish into energy for cooking, baking and boiling water. It has two complementary functions; to address sanitation, health and environmental issues associated with the growing mounds of rubbish in informal settlements, and to provide communities with alternatives to charcoal, firewood and paraffin for cooking meals and boiling water. The Community Cooker has the potential to transform informal settlements and rural villages into resource rich communities. Simple Layout of community cooker is shown below in figure 4.1. five number community cooker will be constructed one in Kihoto, Kamere, Kasarani and two in Karagita due to the expansive and densely population. 3.) Functioning of Community Cooker. The cooker itself is made of welded steel insulated with fire bricks on all four sides. The top of the cooker consists of a metal plate, and serves as the cooking surface. The cooker has two ovens for baking located underneath the metal plate. A chimney carries the smoke from the combustion chamber to the chimney’s outlet high above the neighborhood’s roofline. Because the stove burns rubbish at over 800 degrees Celsius, it achieves 99 percent combustion, producing smoke that is white in color and almost odorless. At the bottom of the stove there is a wide metal chute that allows rubbish to be pushed from the trash storage racks into the combustion chamber of the stove. Dry, sorted rubbish is manually fed by the stove operator. The Community Cooker is deliberately designed to be labour intensive and to use locally available materials so that repairs, maintenance and operation can easily be carried out by members of the local community. In March 2011 the Community Cooker in Laini Saba site was tested for stack emissions and residual ash. The results show that the Community Cooker has combustion efficiency of 99 percent and that the levels of SO2 NOx and heavy metals detected fall within the regulatory limits of United States EPA and World Bank IFC guidelines. These Results also meet Kenya Air Quality and Waste Management Standards. Environmental Measure Report NRB1152-009421 March 2011. Also, refer to Engineering Design report for Naivasha Settlements. 54 Figure 4.6 Community Cooker Layout 4.4 Description of Project’s Constructional Activities 4.4.1 Construction Procedures The procedure will be determined in the final designs by the structural engineer. This also applies to the type of equipment and materials for construction. The general constructional activities are outlines as follows:  Site preparation and mobilisation of equipments and materials  Clearance of routes of traverse for roads, drains, sewer and water pipes, foot and bike paths.  Excavations, and disposal of waste material  Desilting and repairs of existing sewerage and storm drainage systems  Civil work for the access roads, drainage , and sewer lines  Road repair works including grading, patching and levelling  Application of bitumen and masonry work, installation of culverts 55  Laying the pipe work for water and sewerage  Construction of manholes and chambers for the sewerage systems  Paving passages and landscaping  Removal of by-products and unused materials 4.4.2 Materials, Inputs and Technology at the Construction Phase Materials The materials needed at the construction stage will include the following:-  Gravel  Bitumen  Concrete pipes  Quarry stones  Steel pipes  Concrete slaps  Cement  Sand  Manhole covers(plastic, mix concrete and steel) Inputs  Water – significant quantities will be required for concrete mixing, sprinkling dust, washing , cleaning, waste disposal and for drinking by the construction crew.  Energy- Mostly fossil fuel will be required to run machinery and transport vehicles.  Labour – Both skilled and unskilled labour will be employed in the construction, majority will come from the community. Technology The project will apply the most cost-effective and environmentally friendly technology during construction. The technology applied will meet local and internationally established standards. The proponent will adhere to best and common industry practices applicable to urban infrastructure. 4.4.3 Potential Wastes at the Construction Phase Solid Waste Construction activities will generate significant waste, both solid and liquid; 56  Soil from excavation work  Rubble/debris  Packaging materials – cement bags,  Old spare parts  Used oil and greases  Garbage  Old pipes and off-cuts Liquid Waste/Effluent  Waste water due to cleaning activities  Sanitary effluent from construction crew 4.4.4 Waste Management during the Construction Phase Prudent waste management measures should be applied during the construction phase of the project so as to minimize the negative environmental impacts It is expected that this waste will be minimal and best management practices applied in the handling and management. Primarily, the waste will be reduced at source and where inevitable, reuse or recycling of the waste will adopted. The waste management plan will be developed n close collaboration between the project proponent and Naivasha local government before beginning of civil works on the project. Handling of hazardous wastes will be done according to EMCA Waste Management Regulations of 2006 and safety standards provided for in OSHA Hazardous Substances Rules of 2007. The practice of using foam off-cuts in making re-cons will reduce waste 4.5 Description of Project’s Operational Activities The residents of Naivasha Settlements will have accessible roads, functional drainage systems, water supply and sewer reticulation. Transport activities will increase and this will influence trade activities and secondary development. In summary, the operational phase activities are outlined below:-  Movement of motorists, cyclist, and pedestrian on the access roads and paths  Disposal of sewer  Drainage of storm and waste water  Repair and maintenance of the roads, drains and sewer lines 57 4.5.1 Potential Wastes Generated at the Operational Phase Solid Waste Solid waste due to the project will include sludge from the septic tanks, rubble/debris, old pipes and other repair and rehabilitation related waste. The waste is expected to be very minimal and its generation will depend on the durability of the roads, drains and also the capacity of the sewer system to handle wastes from the settlement. Solid waste management measures will be in place and will be followed accordingly. Liquid Waste/Effluent The drainage system that will be in place will handle storm water and sanitary effluent will be disposed through the sewer system. 4.6 Project’s Decommissioning Activities Though decommissioning is not envisaged in this type of project, the following activities will characterize the phase: demolition of works including sanitary fixtures and drainage infrastructure; rehabilitation of the site, removal solid waste and any other necessary action to restore the site to its near original status. 58 CHAPTER FIVE – PUBLIC PARTICIPATION 5.1 Background Public Consultation and Participation featured in the two phases of the planning and design stage of the project. Phase 1 activities that involved consultations included the following aspect: the socio- economic survey; preliminary settlement upgrading plans; community level consultations to determine infrastructure investment priorities of residents; and the Pre-EIA Screening activity that was aimed at determining the applicability of the investments to schedule 2 of EMCA and World Bank Environmental and Social policies. In phase 2 activities where Environmental and Social Impact Assessment falls, public consultations have also been undertaken. Public consultation and participation is an aid to project planning and an important process during ESIA. The purpose is to involve, inform and consult the public in planning, management and other decision-making activities. Public participation tries to ensure that due consideration is given to public values, concerns and preferences when decisions are made. It encompasses the public actively sharing in the decisions that government and other agencies make in their search for solutions to issues of public interest. It is a mandatory requirement under EMCA 1999 and the EIA/EA Regulations, for all environmental impact assessments done in Kenya to incorporate a Public Consultation. The aim is to ensure that all stakeholder interests are identified and incorporated in the project development, implementation and operation. 5.2 Objectives The following were the objectives of the public and stakeholders consultations:  To inform the residents, leaders and other stakeholders about the proposed project and highlight the possible environmental and social impacts  To seek views, concerns and opinions from the residents of the settlements and other stakeholders in the settlements concerning the investments prioritized and their implications  To establish if the residents of the settlements and the stakeholders anticipated any positive or negative environmental and social effects from the project and if so, take their suggestions on how to address the perceived impacts. 59 5.3 Methodology 1.3.1 Public Baraza/Meeting Public barazas were organized with the facilitation of the area Provincial Administration in Kihoto, Karagita, Kamere and Kasarani on the February 21, February 11, February 10, and February 15 2013 respectively. The residents of the settlements participated with all the stakeholders including religious groups, business men and women, and community based organizations. The list of participants and minutes for the meetings is provided in the appendix 3 of the report. 5.3.1 Focused Group Discussion There was a Focused Group Discussion targeted at opinion leaders in the settlements. The group comprised majority of SEC members who are more informed about the project. 5.3.2 Direct Interviews Direct interviews were undertaken during the field studies. The Provincial Administration, village elders and youth from the settlements were interviewed on different aspects of the project and the impacts they anticipated. SEC chairpersons for all Naivasha Settlements were also interviewed. 5.4 Outcome The outcomes of the public consultations are highlighted in the sections below. Positive Impacts Anticipated i. The project will create employment opportunities for the locals especially the youth during the construction stage ii. The project will benefit a community that had been neglected by the local authorities iii. The residents will have their living conditions improved iv. Security in the settlements will improve v. The project will boost business in the area Negative Impacts Anticipated i. Interference with power and water supply installations leading and resulting shortage and power loss ii. Displacements and loss of livelihoods iii. Dust and noise will affect the residents during construction activities iv. Health and safety of the locals especially their children v. Social disruptions due to inaccessible routes under construction vi. Drug and alcohol abuse among the local youth vii. Locals not considered for casual/non skilled labour 60 viii. Cultural and social behaviours and risks of HIV/Aids Key Concerns and Suggestions During the public and stakeholders consultations, the following were suggestions and concerns raised: i. The existing roads as per the survey plans be maintained without alterations in all the four settlement-the proposed roads for improvement will follow existing and designated road corridors. ii. Relocation of services to be considered in the project cost-this will be provided for in Bill 1 of BoQs iii. An abbreviated RAP exercise be conducted and issues of possible displacements be addressed including compensation before commencement of construction activities- Abbreviated RAP will be undertaken before commencement of construction to mitigate on impacts arising from this iv. Prior advance notice for relocation be issued to all who will possibly be affected by the project e.g kiosk owners, vendors and other businesses in the settlements. This will be communicated through their respective leadership and project liasons v. The local youth be given priority for employment- the contractor will be advised to prioritize settlements especially in unskilled labour during construction vi. A by-passes or diversions to be identified and all notified to avoid inconvenience during the construction of the roads in the settlements vii. Consult with the NAIVAWASS before embarking on construction involving water supply and sewerage viii. The project not to be skewed to particular areas of the settlement. ix. The residents of the settlements were concerned of solid wastes disposal both at construction and operation phases; x. The women be considered for employment opportunities during construction stage; xi. The illegal structures and other encroachments to be voluntarily removed by those responsible before the commencement of the project. xii. The Council in conjunction with SEC should handle issues of encroachments in humane way without harassing those responsible because they are willing to comply with the directive above xiii. It was suggested that the contractor consults with utility provider prior to commencing the project work to ensure interruption of supplies are minimized or avoided xiv. The office of the local Chief to provide security for the construction camp to be established xv. The community suggested the formation of resident association that will manage the settlement in the future post-project Conclusion The communities in KCC and Soweto Kayole settlements are positive about the project and would participate fully in the implementation. Overall, the public and all the stakeholders consulted have considered the project positively and would like to see it implemented in the soonest time possible. Photo Plates of project area and Public Consultation meetings in the Photo Plate in appendix 8 61 CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES This section analyses the project alternatives and their implications. The alternatives include; alternative investment; the current project option; and the “No Project” option. The need for infrastructure in the settlement 6.1 No Project Alternative The no project alternative would imply that the status quo remains in the settlements: poor road conditions, poor drainage and sanitation conditions, and inappropriate sewage disposal leading to environmental pollution. The health related risks will persist and environmental degradation in the settlements will continue. These are the advantages and disadvantages of taking this option: Advantages i. It will save the government and the funder the cost of investing on the upgrade; ii. Potential environmental and social impacts will be avoided; iii. Social benefits accrued. Disadvantages i. The settlements will continue to lack essential life-supporting infrastructure and living conditions will continue to be deplorable; ii. The environment will continue to suffer degradation due to sewer and untreated waste water discharge; iii. The agents of diseases such as malaria and diarrhoea will thrive and continue with its attendant economic costs of the diseases; iv. The challenge of slums and informal settlements to the local authorities and government will remain unaddressed and will implications to the overall economic development; v. KISIP will not achieve its goal and medium term objective of improving living conditions to 2.5 million slum and informal settlement dwellers under its medium term plan. 6.2 Alternative Investment This alternative may not be available to the project proponent since the residents of the settlements who are the primary project beneficiaries have the discretion to prioritize the infrastructure investments. Furthermore, all the investments qualifying for funding under KISIP are all designed to improve living conditions in the settlements. The alternative investment options e.g vending platforms, electricity supply (individual connections), solid waste disposal, non motorised traffic are part of the menu within the project component and the order in which they will be implemented will not significantly affect the overall object of improve living conditions in the settlement. 62 6.3 Current Project Option This option of means the proposal to invest on infrastructure prioritized in KCC and Kayole Soweto is pursued. This is the most feasible and priority option according to the residents in Soweto and KCC settlements. It will address their immediate infrastructure needs and meets all criteria for funding under KISIP. The advantages and disadvantages of settling on the option are as follows: Advantages  The living standards of the residents will be improved by the upgrading of roads, sewerage, drainage and water supply infrastructure;  The project contribute to environmental restoration as it will provide a means for proper disposal of sanitary waste, prevention of soil erosion and reduced human health risks;  Cases of diseases related to sanitary conditions will reduce and health status of residents in the settlements will improve  The upgrade of infrastructure and tenure regularization will boost property value in the settlements and more investments will be realized  The project will contribute to the national development goals and the MDGs  The project will help in the urban planning process and contribute towards building a liveable city Disadvantages  There will short-term nuisance both environmental and social due to the proposed upgrade  The displaced will suffer losses that will have both social and economic consequences if not compensated  Unscrupulous landlords may use the opportunity to hike rent to the disadvantage of the majority low income earners Summary The current project option/alternative seem plausible from environmental, economic and social standpoint therefore is elected over the other alternatives. 63 CHAPTER SEVEN: ASSESSMENTS OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES The Environmental and Social Impact Assessment (ESIA) has been systematically conducted to determine whether or not the proposed infrastructure project will have a diverse impact on the environment, the impacts identified were not limited to: i. changes in air and water quality, noise levels, biodiversity, landscape, social and economic systems, cultural heritage, settlement patterns, and employment levels; ii. 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., residential areas, markets, businesses, institutions, communities, and migrant labours) through surveying the existing environmental and socio-economic conditions and consultation with concerned parties; iii. Identifying and quantifying various environmental and socio-economic impacts through the use of checklists, interaction matrices and overlays. 7.1 Impact Prediction Identification of impacts is characterized by the primary causes and effects of impacts, secondary, synergistic and cumulative effects on the environment and the local communities. Impact identification is multi layered both in direct and indirect effects e.g. deterioration of water quality, destruction or disruption of economic activities and resulting socio-cultural changes). It draws on physical, biological, socioeconomic, and anthropological data and techniques. In quantifying impacts, it employs socio-cultural models, economic models, and expert judgments. It is worth noting that all prediction techniques of environmental impacts, by their nature, involve some degree of uncertainty. Infrastructure development impacts are identified at the following four stages pre- construction (planning and design), during construction, post-construction (operation phase) and de – commissioning. The proposed infrastructure improvement project activities are likely to have potential impacts on natural and human environment. These impacts can be categorized in various ways. They can be 64 grouped according to their nature, into positive or negative impacts, random or predictable impacts, cumulative, local or widespread impacts, temporary or permanent impacts, short- or long-term impacts or even their level of significance. Table 7.1 Type of Impacts and Examples Type of impact Example Predictable Road accidents due to speeding. Temporary Noise and dust during haulage of raw materials from borrow pits or quarries. Permanent Change of landscape within areas where new infrastructure (roads, security lights and pipelines) are constructed. Direct impacts Land consumption, removal of vegetation, and severance of land. An example of this is removing gravel material from a borrow pit for use in in construction. Indirect impacts Degradation of surface water quality by erosion of land cleared for a new road, urban growth near a new road, and increased deforestation of an area stemming from easier (more profitable) transportation of logs to market or the influx of settlers. Cumulative Impairing the water regulating and filtering capacity of a wetland system by constructing a road across it. Source: Adopted from Wasike, 2001 65 Classification of Impacts Predictable Temporary permanent Long(L)/Short(S)  Land use conflicts  Occupational  Increased housing  Increased formal  Improved health hazards (for workers). /informal land/property  Excessive vibration  Improved land employment (s) value and noise. value  Change of  Loss/demolition  Dust  Improved housing landscape (l) of property  Solid waste  Improved business  Aesthetic beauty (  Construction  Roadside informal along the road -ve or +ve) Wastes. business  change of land   Social ills (decay) uses  improved social amenities Figure 7-1 Classification of impacts 7.2 Summary of Potential Impacts An overview of the infrastructure project design components has been presented in Chapter 4. The potential impacts of the proposed project have been listed in Table 7.2 below and analysed into different categories based on the stakeholders’ views, perceptions and the consultant’s previous experience in undertaking Infrastructure Projects ESIAs and experiences gained from other construction projects. 66 Table 7.2 Summary of potential positive and negative impacts Environmental and Social Positive/ Direct Temporar Major Occurrence Impacts Negative / y/ / Construct Decomm issioning Operatio Indirec Permanen Minor t t ion Increased employment Positive Direct Permanent Major    opportunities. / Temporary Improvement of local socio- Positive Direct Permanent Major    economy. / Temporary Improved drainage Positive Direct Permanent Major -  - Improved living standards Positive Direct Permanent Major -  - Increased security Positive Indirect Permanent Minor -  - Education Positive Direct Permanent Major -  - Road safety Positive Direct Permanent Major -  - Empowerment of women Positive Direct Permanent Major   - Land acquisition and displacement Negative Direct Permanent Minor  - - of people Construction material sourcing Negative Direct Temporary Major  - - Air pollution Negative Direct Temporary Minor    Noise pollution. Negative Direct Temporary Major    Vegetation loss Negative Direct Temporary Major  - - - Impacts on soil and drainage Negative Direct Permanent Major   - Impacts on water resources Negative Direct Temporary Minor  - - Contractor’s camp site Negative Direct Temporary Minor  - - Solid wastes Negative Direct Temporary Minor  -  Liquid wastes Negative Direct Temporary Minor  - - Hazardous sites Negative Direct Temporary Minor  - - Diversions and access roads Negative Direct Temporary Minor  - - Disruption of access to property Negative Direct Temporary Minor  - - Relocation of public utilities Negative Direct Temporary Minor  - - Delays in transportation Negative Direct Temporary Minor  - - Emergence of unplanned Negative Direct Temporary Minor   - settlements and market centres Discrimination on employment Negative Direct Temporary Minor   - opportunities Occupational Health and Safety Negative Direct Temporary Minor  -  Public health and HIV/AIDS Negative Direct Permanent Major    Disruption of community Negative Direct Permanent Minor  - - Site security Negative Indirect Temporary Minor  - - Fire Incidences Negative Direct Temporary Minor    67 Environmental and Social Positive/ Direct Temporar Major Occurrence Impacts Negative / y/ / Construct Decomm issioning Operatio Indirec Permanen Minor t t ion Climate change Negative Direct Permanent Major    Road accidents Negative Direct Permanent Major -  - Cultural changes Negative Indirect Permanent Minor  - - LEGEND Present Not present The impacts of the proposed Infrastructure Project will be both positive and negative. They have been presented according to the various phases of project cycle which includes construction, operation and decommissioning phases. 7.3 Predicted Positive Impacts During Construction and Operation The positive impacts of the proposed infrastructure Improvement project include the following: 7.3.1 Improved Access to Essential Services The communities will be able to access essential services in the settlements, these include health, security, education, government services and other social amenities whereby the lack of infrastructure cuts off essential link to these service. 7.3.2 Increased Employment Opportunities and Technological Transfer There will be job opportunities during the construction phase of the proposed project implementation. This will lead to stimulation of local economy and creation of employment in market centres and trading centres and indirect employment by those selling goods and services to the contractors. 7.3.3 Improved Security Upgrading of the infrastructure in the settlements by providing security lights and street lights will improve security hence lowering the crime rates in the area and neighbouring communities. 7.3.4 Improved Road Surface With improved road surface, there will be increased comfort in travelling and better means of transport unlike the current use of motor cycles, donkey carts and trekking. 7.3.5 Improved Housing Facilities and Property Values 68 Most of the people in the project area have shunned investing in the area and mass exit of tenants due to poor infrastructure. The project will enhance accessibility of the area by tenants, access to services, markets and stimulate economic activities in the area. Property values will increase due to demand for housing and services in the area because the area becomes desirable for both investors and tenants hence improving the housing situation in the area. 7.3.6 Improved Drainage The proposed project is expected to improve drainage infrastructure and general discharge of storm water from the roads and settlement, which will reduce soil erosion in the project area. This will be a major gain to the project site as it is facing serious road drainage problems. The siltation of Lake Naivasha and discharge of solid wastes will also be reduced by the solid waste management options proposed in the project. 7.3.7 Empowerment of Women and Gender Equity The positive impacts of the infrastructure improvement for women and gender equity is access to opportunities both employment during construction and businesses both during construction, operation and decommissioning. 7.3.8 Improved living Standards The implementation of the projects will result in the improvement of the living conditions of population living in the settlements and the entire district in general thus contributing to poverty reduction. 7.3.9 Improved Education Better infrastructure would open up the area for development which would also lead to building of more schools and colleges and also attract teachers. This would eventually lead to improvement of education institutions in the area. Any improvement in educational attainment from the current levels would be a major benefit to the community. 7.3.10 Road Safety infrastructure Projects especially roads can lead to reduction in accidents when they involve significant improvements in vertical and horizontal alignments, improved carriageway width, junction layout or greater separation of pedestrians, non-motorised traffic and motor vehicles. 7.4 Predicted Negative impacts The predicted negative impacts of the proposed infrastructure may include: 7.4.1 Land Acquisition. 69 The proposed infrastructure follows existing road corridors and alignment in many sections. However there are minimal realignments in some sections of the proposed roads due to topographic conditions and road standards requirements. The land to be acquired for above reasons will be in the surveys Land Acquisition Plans. Survey works are ongoing. Mitigation Measures The Resettlement Action Plan (RAP) and related socio-cultural impacts and mitigation measures to the community is part of this assignment. Therefore, the RAP Report will be prepared under a separate report once survey works are completed. However, land acquisition will be carried out in accordance with land administration laws of Kenya and the World Bank OP 4.12, Involuntary Resettlement. The compensation should be guided by the principle that the affected people will have their former living standards and income-earning capacity improved or at least restored. The affected people must be provided with adequate support during the transition period. 7.4.2 Construction Material Sourcing Major concerns relating to the proposed raw material sites, gravel sites and sand harvesting sites include vegetation clearance, landscape scars, dust and general disturbance during excavation, and the need to reinstate or landscape the gravel sites when the contractors have completed excavation works. The project will utilise/extend existing material sources near the project area. However, if the existing sites are inadequate or doesn’t meet the specific material requirements then new sites may be founded. If new Materials sites (quarry, borrow areas and sand harvesting sites) if not reinstated and rehabilitated after project completion, will create a waste lands 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. The pools of water that will form during the rainy season, without outflow on the borrow pits shall be suitable habitats for disease vectors for example; malaria, bilharzias and liver fluke. Further impacts in case such borrow pits are abandoned, and left without being rehabilitated are: I. Once the quarry dams are filled with water, their banks can burst hence causing flood and associated damage within the nearby sites. II. Unfenced quarry dams will be risky to public (especially children), livestock and wildlife due to drowning associated deaths, therefore should be fenced off when in use. III. Illegal excavation of ballast for sale from abandoned quarries will lead to development of badlands (barren unproductive areas), leading to erosion of topsoil. Land will be acquired for obtaining construction materials i.e. borrow pits and quarries. Sand harvesting on the other hand should not be done in rivers as may cause the following environmental problems: i. Siltation of the river; ii. Drying of river beds hence affecting the water table / storage capacity of the river. 70 Mitigation Measures The Contractor is required to do the following: I. Ensure that appropriate authorisation to use the proposed borrows pits and quarries has been obtained before commencing activities by seeking approval from the National Environmental Management Authority before use of any quarry site; II. Carry out inspection of each of the site’s soil stability before excavation; III. All borrow pits sites shall be clearly indicated on a plan and approved by the RE. IV. Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm water runoff from the site from entering the watercourse; V. The Contractor shall give 14 days’ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries; VI. Prepare health and safety plan before any work on the quarries is commenced; VII. Cordon off the quarry and borrow areas to keep livestock and children off; VIII. Maintain fences and “make good” of the sites afterwards; IX. Prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimise the risk of erosion; X. Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete; XI. The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil; XII. Decommission the borrow pits and quarries upon completion of the Contract and reinstate the land to its natural condition by grading excavations and planting suitable saplings; XIII. The contractor is expected to follow the sand harvesting regulations published by NEMA. XIV. In case of blasting: i. The Contractor will be responsible for obtaining a current and valid authorisation from the Department of Mines and Geology prior to any blasting activity. A copy of this authorisation 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; 71 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; vii. The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover. 7.4.3 Air Pollution The proposed infrastructure projects are in informal settlements with no or dilapidated roads, drainages and other infrastructure. Dust in construction areas originates mainly from the scraping of the earth surfaces, from the movement of heavy machinery on earth surfaces especially deviation routes and from haulage activities of the ballast chipping. Already there is significant dust along the project area at its current status. Mitigation Measures I. Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications; II. Workers shall be trained on dust minimisation techniques; III. The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible; IV. Do not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road; V. Water sprays shall be used on all earthworks areas. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE; VI. Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; VII. Vehicle speeds shall be limited to minimise the generation of dust on site and on diversion and access roads; VIII. Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE; IX. Plants and all construction works should be undertaken strictly during business hours; X. NEMA and the Ministry of Transport has published regulatory measures related to vehicle air pollution. It is anticipated that these measures will be adhered to and the law enforcers will take control; XI. Project-specific design improvements to limit motor vehicle air pollution impacts include: i. The carriage way provides sufficient capacity to avoid traffic congestion, with projected increases in traffic flow; ii. Avoiding steep grades and sharp curves which would promote deceleration, acceleration and shifting wherever possible; iii. Planting tall, leafy, and dense vegetation along the area to filter pollutants. 72 7.4.4 Noise Pollution Noise generating activities such as blasting in hard stone quarries, equipment operations and the workers themselves will be a public nuisance to the surrounding especially close to residential areas, health centres and schools. The movement of heavy machines, where possible, will have to be synchronized with school programs and hospitals, blasting will have to be preceded with ample notices to communities within the area. Also the workers will be briefed on the need to maintain order to minimize noise concerns. Mitigation Measures I. The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas; II. Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE; III. Construction workers will be required to wear ear muffs in areas exposed to excessive noise levels; IV. Equipment should be maintained regularly to reduce noise resulting from friction; V. No unnecessary hooting by project and resident vehicles; VI. Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE. 7.4.5 Vegetation Loss Clearing of vegetation from road reserves for access to gravel pits, and excavating gravel from gravel pits with slopes exceeding 4% could result in an increase in runoff along the slopes and thus encourage erosion. Soil erosion is likely to be an on-going problem because of the varied nature of the environment in the settlement. The proposed Project components generally follow the old alignment in many sections and therefore, during construction, only vegetation which, has encroached into the road reserve will be cleared to give way for the proposed project components. Construction phase will also involve the establishment of work camps and exploitation of borrow areas which may lead to crushing and removal of plants. Due to the rising costs of energy in the country, the labour force might rely on fuel wood. Exploitation of fuel wood as the only affordable source of energy could deplete the natural vegetation in and around the settlement. Mitigation Measures I. Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed nor should any unauthorised planting of vegetation take place; 73 II. The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc shall be encouraged; III. Areas to be cleared should be agreed and demarcated before the start of the clearing operations; IV. Clearing and removal of vegetation, especially at borrow sites must be carried out in such a way that damage to adjacent areas is prevented or minimised; V. Trees should be trimmed rather than removed wherever possible; VI. The use of fuel wood by construction workers should be discouraged. Workers should be encouraged to use alternative energy sources such as kerosene, electricity or gas; VII. The contractor should establish contracts with wood fuel suppliers, where wood is used. The suppliers should show permits from the relevant Government agencies to prevent illegal felling of trees and to ensure plantation timber is used. 7.4.6 Impacts on Soils and Drainage a) Storm Water and Soil Erosion. Soil erosion was observed at different sections along the settlements. Soil erosion is attributed to: 1. Run-off from unprotected steep slopes in the hilly areas; 2. Run-off from blockage of culverts or lack of drainage facilities; 3. Lack of scour checks on the side drains; and 4. Accumulation of storm water over long distance. Construction activities such as excavation and hauling of material from borrow pits and cuts for construction of embankments may also result in soil erosion to some degree. The Contractor shall take reasonable measures to control storm water and the erosive effects. Mitigation Measures I. Earthworks should be controlled so that land that is not required for the project works is not disturbed; II. Wherever possible, earthworks should be carried out during the dry season to prevent soil from being washed away by the rain; III. Excavated materials and excess earth should be kept at appropriate sites approved by the Supervising Engineer; IV. Wherever possible, the earth dumping sites will be designed in such a manner as to facilitate natural water discharge; V. The contractor should adhere to specified cut and fill gradients and planting embankments with shrubs and grass to reduce erosion and take care of stability problems of road embankments. Areas cleared for improving sight distance should be planted with grass to reduce erosion; VI. Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include: i. Areas stripped of topsoil; 74 ii. Soil stockpiles; iii. Spoil sites; iv. Borrow pits; v. Sites for bridges and drainage structures. VII. On any areas where the risk of erosion is evident, special measures may be necessary to stabilise the areas and prevent erosion. These may include, but not be limited to: i. Confining construction activities; ii. Using cut off drains; iii. Using mechanical cover or packing structures such as geofabric to stabilise steep slopes or hessian, gabions and mattress and retaining walls; iv. Mulch or chip cover; v. Constructing anti-erosion berms; vi. The erosion prevention measures must be implemented to the satisfaction of the RE; and vii. Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO. b) Drainage. Discharge of storm water from the settlements presents a key concern from the communities. Discharge of roadside storm water presents a very large negative impact to the project community because of the small land sizes and land topography. New drainage structures to be redesigned shall include pipe culverts, box culverts, and drains/ditches. Lack of drainages may increase the chances of soil erosion. Mitigation Measures I. Where new culverts are to be installed, consultation with people settled there will be required to avoid possible conflicts that may arise due to channelling of water; II. The Contractor shall ensure that provision is made to facilitate continuity of base water flow at all times during construction of these features across streams, rivers, lagoons and flood plains; III. Ensure that drainage structures are able to accommodate high rainfall and flash floods, drainage structures are regularly maintained by desilting; IV. The Contractor shall not divert, dam or modify any watercourse without the approval of the RE and relevant authorities as required by the law; V. The Contractor shall submit a Method Statement to the RE for approval prior to commencing construction of bridges or culverts. 7.4.7 Impacts on Local Resources Increased population associated with construction workers and vendors may exert pressure on local resources such as water and land, and may trigger price increases for commodities and services. Similarly, increased population associated with infrastructure construction workers and job speculators will stress the existing social services such as housing, health facilities and sanitation. 75 Mitigation Measures I. The contractor should consult the community on partitioning of access to local resource for construction purposes; II. The Contractor must adhere to water quality regulations described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Rules describe the following:  Water sources for domestic use;  Sewage treatment;  Ground water;  Water for agricultural use;  Water for other uses;  Schedules depicting standards. III. Abstractions from natural, municipal and / or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of the local Council for the abstraction of water. 7.4.8 Contractor’s Camp Site. The construction contractor will need to establish camps including site offices, workshops, stores, vehicle parking, and staff accommodation. The camp sites are bound to have high human activity, material storage facilities, sanitary facilities which will lead to generation of solid and liquid wastes generation which require adequate management and proper disposal. Mitigation Measures The mitigation measures have been divided according to the different components of the contractor’s camp. a) General. I. The site for the Contractor’s Camp shall be determined in collaboration with the RE taking into consideration the following: i. The security situation in the area (expressed authority must be given by the Officer Commanding Police Division of Naivasha District. ii. The local administration shall be involved in the site location to avoid destruction of any ritual site or any other conflict; iii. The Contractor’s Camp layout shall take into account availability of access for deliveries and services and any future works; iv. The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub-contractors that may work on the project. v. Decommission the camps and reinstatement of the land to its natural condition by filling excavations and planting suitable saplings. 76 II. The Contractor shall implement the following as required with the approval by the RE: i. The contractor will be required to prepare a waste management plan for the work sites and camps at the start of the project; ii. A suitable storm water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming; iii. A suitable potable water supply; iv. Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities; v. Suitable sanitation facilities, adequate for the number of staff on site; vi. Facilities for cooking; vii. Facilities for solid waste collection; and viii. Facilities for waste water management. b) Sanitation. I. The Contractor shall comply with all laws and any by-laws relating to public health and sanitation; II. All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over; III. The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE; IV. All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE; V. A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease; VI. The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal; VII. The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses. c) Workshops. I. Where practical, all maintenance of equipment and vehicles on site shall be performed in the workshop. II. If it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities; III. The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities. IV. The workshop shall be kept tidy at all times and shall have the following as a minimum: i. A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage; ii. the floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil); 77 iii. Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors); iv. The drip trays shall be inspected and emptied daily; v. Drip trays shall be closely monitored during wet weather to ensure that they do not overflow. General Materials Handling and Storage I. All materials shall be stored within the Contractor’s camp unless otherwise approved by the RE; II. Stockpile areas shall be approved by the RE; III. All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE; IV. The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required; V. Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product; VI. Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced; VII. Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner; VIII. Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected. 7.4.9 Solid Waste Construction will result in the creation of various solid wastes, principally surplus earth and rock (spoil), metal scraps, plastics (wrappings and containers), cardboard, paper, wood, office wastes including e.g. used toner cartridges, kitchen (canteen) wastes, workshop wastes including e.g. used oil filters, and waste concrete. This can be a nuisance and the site should therefore be kept clean, neat and tidy at all times. The Contractor shall implement measures to minimise waste. Mitigation Measures I. The contractor should develop a waste management plan; II. All personnel shall be instructed to dispose of all waste in a proper manner; III. At all places of work the contractor shall provide litter collection facilities; IV. The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders; V. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted; 78 VI. The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis; VII. Wherever possible, materials used or generated by construction shall be recycled; VIII. Provision for responsible management of any hazardous waste generated during the construction works; IX. Dispose of surplus material ("spoil") only at designated sites and by approved methods which must consider long-term soil stability against shrinking and swelling. In both cases the fill platforms must be secure against erosion, and not interfere with floodwaters; X. The spoil area should preferably be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict; XI. The disposal site need to be more than 20 meters from watercourses and in a position that will facilitate the prevention of stormwater runoff from the site from entering the watercourse; XII. The development and rehabilitation of spoil areas shall include the following activities; i. Stripping and stockpiling of topsoil; ii. Removal (to a nominal depth of 500mm) and stockpiling of subsoil; iii. Placement of spoil material; iv. Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site; v. Placement of excavated subsoil and then topsoil over spoil material; vi. Contouring and re-vegetation; vii. The Contractor shall ensure that the placement of spoil is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas. Table 7.3 Summary of solid waste management strategies Solid Waste Waste Management and Disposal Methods / Provisions Management Issues Responsibility of  Waste from construction activities shall be disposed in waste generators designated waste receptacles only. (contractor )  Waste generated shall be collected, segregated at the source and disposed off in designated waste receptacles only (e.g. excavated materials from the site during site preparation  Waste generators to ensure that waste is transported to a person who is licensed to transport and dispose off waste in designated waste facilities.  Use the 3R Waste Management Approach, i.e. Reduce, Reuse and Segregation of Recycle whereby waste shall be segregated – plastics, glass, tins, waste by generators papers, wood, metals etc (later to be re-used or recycled  Licensed private artisan groups (Jua Kali) to provide avenue for reuse of old and disposable items hence reducing the volume of 79 Solid Waste Waste Management and Disposal Methods / Provisions Management Issues the garbage at the site during the whole project cycle. Application of Enabling the recovery and re-use of waste where possible (e.g. Cleaner Production plastics bottles etc) principles (Waste minimization from the source) Waste During the construction and operation of the project, all the waste Transportation transport vehicles from the proposed project shall be approved by the Authority, NEMA and from Lead Agency 7.4.10 Liquid Wastes. a) Wastewater. During the construction phase, various liquid wastes including grey and black water (respectively washing water and sewage), concrete washings, runoff from camp and workshop areas, and various liquid waste streams from washing construction vehicle and equipment washing will be generated. These wastes pose real toxicity and quality threats to the soil and ground water, as well as existing wetlands within the area. Mitigation Measures I. No grey water runoff or uncontrolled discharges from the site/working areas (including washdown areas) to adjacent watercourses and/or water bodies shall be permitted; II. Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills; III. The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies; IV. Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered; V. Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted; VI. The Contractor shall notify the RE of any pollution incidents on site. b) Fuels, Oils, Hazardous Substances and other Liquid Pollutants. The construction phase will involve the use of stationary and mobile plant and equipment requiring refuelling and the construction of permanent and temporary fuel storage facilities. As with any construction activity this will increase the possibility of accidents and spills, the two most likely impacts being contamination of soil by used engine oils and the spillage of diesel from mobile browsers. Contaminated soil is injurious to plant growth and must be 80 removed. Contamination of water is potentially more serious since pollutants may move fast destroying aquatic life and rendering water unsafe for domestic and livestock use. Mitigation Measures I. The contractor should construct machinery and vehicle maintenance areas as well as sealed areas for the storage of pollutants so as to avoid any accidental discharge that would pollute water resources; II. Hazardous materials shall not be stored within 2 kilometres of the top water level of public water supply reservoirs; III. Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse; IV. Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions; V. Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; VI. The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains; VII. Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment; VIII. Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment; IX. Fence of the tank compound with locks or other adequate security controls at the site; X. Locks on unattended dispensing hoses; XI. Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans; XII. Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles; XIII. All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers; XIV. Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal; XV. Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas; XVI. Measures should be taken to ensure proper storage of fuel, oil and bitumen. Oil- water interceptors or sumps should be constructed to capture discharge of oils, fats and other polluting liquids from maintenance workshops, vehicle and equipment washing bays and kitchen drains; 81 XVII. At the work sites the contractor will be expected to maintain strict surveillance particularly when working within the vicinity of water supply points and the rivers within the project area; XVIII. A safety and emergency response plan will need to be developed for all operations with emphasis on the protection of the environment prior to start up; XIX. Oil pollution should be prevented by ensuring proper storage, handling and disposal of oil and oil wastes; XX. Rehabilitation of the existing water points, use of soak pits, stone pitching and check dams as velocity and siltation reducing measures of this water sources and springs The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings; XXI. No construction materials shall be stockpiled within areas that are at risk of flooding; XXII. The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons; XXIII. All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean and or larger particles. Silts and clays shall not be permitted in the fill; XXIV. Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river; XXV. The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile; XXVI. The Contractor shall preserve all riparian vegetation; XXVII. The Contractor shall not pollute the watercourse or sources through any construction activities. 7.4.11 Hazardous Sites Some sites which will be used to prepare construction materials such as asphalt and cement may contain hazardous chemicals and should be properly sited. a) Asphalt, Bitumen and Paving. Decanting of bitumen into the bitumen tank can be associated with spillage, and hence polluting the nearby environment. Dust from the asphalt plant, especially from the stockpiles for ballast chippings will be associated with dust during haulage procedures. The site of the asphalt plant shall be selected and maintained accordingly. Mitigation Measures I. The plant should be situated on flat ground; II. Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site; III. Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances; 82 IV. The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff; V. The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE; VI. Well-trained staff shall be responsible for plant workings. VII. Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water; VIII. An area should be clearly marked for vehicle access; IX. Drums/tanks shall be safely and securely stored; and X. Materials requiring disposal shall be disposed of at an appropriate waste facility. b) Cement / Concrete Batching. Mitigation Measures I. Concrete batching plant shall be located more than 20 m from the nearest stream/river channel; II. Topsoil shall be removed from the batching plant site and stockpiled; III. Concrete shall not be mixed directly on the ground; IV. The concrete batching works shall be kept neat and clean at all times; V. Contaminated stormwater and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away; VI. Unused cement bags are to be stored so as not to be effected by rain or runoff events; VII. Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via windblown dust); VIII. Concrete transportation shall not result in spillage; IX. Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment; X. Suitable screening and containment shall be in place to prevent windblown contamination associated with any bulk cement silos, loading and batching; XI. Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site; XII. All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable; XIII. All excess aggregate and sand shall also be removed; XIV. After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed. 7.4.12 Diversion and Access Roads The design contemplates making access roads and diversions during construction phase. This is likely to result in dusty environment and noise pollution within the area as a result of 83 the anticipated heavy traffic along the roads. The negative health and aesthetic effects will be on residents and the natural environment respectively. Mitigation Measures I. Since the major part of the construction is going to be under the current alignment the Contractor shall adhere to the road reserve (if possible) in locating the diversion routes. If diversion routes go beyond the road reserve, necessary permission should be sought; II. Where possible the diversion must be limited to already connecting routes in the area; III. The Contractor shall comply with all applicable laws and by-laws in Kenya with regard to road safety and transport; IV. Access to the construction site and works area shall utilise existing roads and tracks where possible; V. Upgrading of the access roads shall be undertaken within the existing confines of the road, unless otherwise agreed with the RE; VI. All diversion and temporary access routes shall be rehabilitated at the end of the contract to the satisfaction of the RE; VII. Damage to the existing access roads and services as a result of construction activities shall be repaired to the satisfaction of the RE. The cost of the repairs shall be borne by the Contractor; VIII. To avoid dusts and air pollution, the Contractor must sprinkle water in the diversion route, as necessary, this must be supervised by RE and ESO. 7.4.13 Disruption of Access to Property The new road alignment together with diversions and access roads may lead to disruption of access to property. Mitigation Measures I. Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption. 7.4.14 Relocation of Public Utilities Road construction could lead to disruption of existing utilities which were noted during the ESIA study. This includes water pipes and electricity lines. However, this will be temporary as the contractor will relocate the services to the edge of the road reserve. These interruptions will be of a short time but may lead to disturbances and inconveniences. Mitigation Measures I. Undertake inventory of existing utilities in the project area before construction begins; II. Relocation of services should be provided for in the BoQs 84 III. Notice should be given to the utility users prior to any interruption in supply; IV. Liaise with relevant parties which include NAIVAWASS, KPLC and other institutions having utilities on the road reserve 7.4.15 Delays in Transportation During construction phase, the road traffic will be controlled and in some cases complete road closure will be necessary. This will entail disruption to traffic flows resulting in delay to transport of people and goods. There will be also delays caused by diversion during construction. Mitigation Measures I. To avoid delays to road users, the contractor will be required to plan itineraries for site traffic on a daily basis. Traffic management and control is mandatory throughout the project; II. Temporary road signs that are visible both during the day and at night indicating road works and restrictions will be required; III. The contractor should also set aside footpaths, cycle lanes and parking bays for heavy goods vehicles and public transport vehicles; IV. Areas where construction is taking place should have clearly marked speed reduction signage. 7.4.16 Emergence of Unplanned Settlements The improvement of infrastructure is likely to lead to the growth of unplanned settlements in the project areas. Already there are a number of structures along the road at the start of the road at all the market centres traversed by the road. Mitigation Measures I. To forestall the growth of unplanned settlements around the construction camps and other work sites, the road agencies and local administration will need to undertake routine and strict surveillance around the work sites; II. The community along the project area are aware that the infrastructure is due for upgrading. They are also aware that it is normal procedure to receive compensation for crops and structures within the right of way. To mitigate against the potential increase of persons who may be affected by the project, presently and in future, the local council should inform the county administration to help in stopping further developments within the right of way. 7.4.17 Discrimination on Employment Opportunities Social conflicts may arise if local people don’t get the expected jobs at construction sites as project proponent will not necessarily employ workers living within the vicinity of the project area during its construction, operational and decommissioning phases. Mitigation Measures 85 I. To avoid conflicts with the local people on employment is it proposed that the Contractor employs the locals in liaison with local administration in unskilled and semi-skilled duties; II. To promote the livelihood of vulnerable groups such as the women-headed households, there will be a need to undertake sensitisation and awareness campaigns to the local community to promote gender equity in employment during the project construction works; III. Where feasible on-the-job training should be provided to local people; and IV. Procure locally available materials where feasible and use local suppliers where appropriate. V. Give equal employment opportunities for both men and women and encourage women to apply in skills they can be good at; VI. Expose and involve women in project construction and maintenance activities in an effort to transfer required skills to them; VII. Involve women groups in activities that they are good at such as environmental management of the project operation such e.g. planting trees and grass and in clearing bush along the area. 7.4.18 Occupational Health and Safety During construction phase, accidents, occupational diseases, ill health and damage to property can occur if precautionary measures are not taken. Increased movement of vehicles may lead to increased accidents among local communities, construction workers and vehicles operators. Mitigation Measures I. Project construction sections with running machines should be protected from general public to avoid accidents or unnecessary interference with the working procedures; II. Authorities will enhance compliance with construction safety measures for both the contractor’s workers and the communities. III. The Contractor shall comply with all standard and legally required health and safety regulations as stated in Occupational Safety and Health Act, 2007 and also the ILO Guidelines on Safety and Public Health in the construction activities; IV. The Contractor shall provide a standard first aid kit at the site office; V. There should be a Safety Officer on site who has first aid training and knowledge of safety procedures; VI. Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads; VII. The Contractor shall provide the appropriate Personal Protective Equipment for staff; VIII. The contractor must have insurance cover for the workmen. 7.4.19 Public Health and HIV/AIDS 86 The proposed infrastructure development may be instrumental in the decline in health of the local population in several ways, this include: 1. Facilitate the transmission of diseases; 2. Pollution of soil and water sources by liquid wastes (Section 7.4.10); 3. Pollute the air (Section 7.4.3); and 4. Become a source of noise pollution (as discussed in Section 7.4.4). Disease transmission will be facilitated by the migration of people, which invariably will accompany projects during construction. Work crews as well as the relatives and dependents that usually follow them may bring with them a multitude of communicable diseases including diphtheria, poliomyelitis, tetanus, and malaria. The temporary work camps, often characterized by standing water and poor waste management practices, provide the ideal conditions for vermin, and other vectors of disease, to multiply and infect the local human population. At the same time, it is possible that a disease endemic to the project area will be contracted by the work crew, and then transmitted to a population near the next work site. Presence of construction workers earning above average incomes and often coming without their families may threaten the security of women leading to breaking up of marriages, early and unwanted pregnancies among girls, and the spread of HIV/AIDS and STDs. Irresponsible sexual behaviour may also lead to increase in HIV/AIDS and other STIs. Mitigation Measures I. A comprehensive health awareness campaign, carried out in conjunction with the project construction team will be done to prevent outbreak of disease. This will include Successful preventive measures such as immunizing the vulnerable population, and educating people about diseases and how they are contracted, and how to avoid them by using treated water and keeping living areas cleaner; II. Treating affected local and migrant populations will also be used in controlling the movement of disease vectors (through contaminated water and between people). III. The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities; IV. All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected; V. The HIV/AIDS awareness campaigns should be conducted at the camps as well as in the trading / market centres. The contractor shall take an active role in civic and public health education to his employees and the community. The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free), and theatre groups. The contractor will co-ordinate with the Provincial and District HIV/AIDS control councils, health officers and the NGOs undertaking education and sensitisation programmes; 87 VI. The contractor will provide condoms at appropriate places in the work camps. The campaigns will be continuously done by the relevant Government organisation even during operation phase of the project; VII. The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognising the limitations due to the short timeframe to show behaviour change. The assessment will be supported by qualitative information from focus group discussions; VIII. Implementation of initiatives which target knowledge, attitude, behaviour, prevention, treatment and care in collaboration with Kenya National AIDS Control Council (NACC) at regional and local levels, NGOs and CBOS; IX. Interventions should give attention to high risk groups, factors perpetuating risk behaviours, female headed households, child headed household, orphans, people living with AIDS, youth, school girls and boys; X. NAIVASHA Subcounty should allocate some money for subsidizing the local clinics to meet increased demand for medicines for general ailments, antiretroviral and treatment of general opportunistic diseases associated with HIV/AIDS brought about by project workers. 7.4.20 Disturbance of Community All construction activities will cause disturbance to the community around the area. Managing the welfare of a significant number of workers is inevitably a major challenge, and the co-existence of multiple contractor crews of workers from diverse ethnic and geographic backgrounds can be problematic. During construction, the contractor will be required to implement measures to protect the welfare of the community. This should be achieved via application of a grievance mechanism, which must be developed prior to the construction programme. Mitigation Measures I. The RE is to establish a formal grievance mechanism through which affected people can lodge a grievance and to help ensure a speedy satisfactory resolution of any disputes; II. The Contractor will be required to minimise the risk of grievances with the local communities through implementing the specifications described in the ESMP; III. Where grievances occur, the Contractor will be required to assist in the process to investigate and resolve the grievance as effectively and quickly as reasonable; IV. The Contractor shall keep a ‘Complaints register’ on Site. The register shall contain: i. All contact details of the person who made the complaint and information regarding the complaint itself; ii. The investigations undertaken and response provided; iii. Actions taken and by whom; iv. Any follow-up actions taken. V. Copies of complaints received are to be copied to the RE, and where pertinent, the ESO. 88 7.4.21 Site Security The local communities may be subjected to increased crimes associated with immigrant construction workers, and others in search of jobs and business opportunities. To reduce crime associated with immigration, available local security should be reinforced and community information network enhanced. This will curb on incidences of theft which may lead to loss of property and delay in project completion. Mitigation Measures I. Security arrangements must be included in the Bills of Quantities to avoid any delays which might be caused due to insecurity; II. The Supervising Engineer and Contractor in liaison with the security organs must create awareness to the security situation on the ground all the times; III. Appropriate fencing, security gates, shelter and security guards are to be provided at the Construction Site to ensure the security of all plant, equipment and materials, as well as to secure the safety of site staff; IV. The Contractor must ensure that good relations are maintained with local communities and their leaders to help reduce the risk of vandalism and theft; V. Site staff that are found to be involved in incidences of theft or pose other security risks to the local community are to be dismissed and reported to the authorities. 7.4.22 Fire Incidences Fire is an inherent risk in any construction which might lead to loss of property and sometimes loss of life. This risk is especially high at the contractor’s camp. Mitigation Measures VI. The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site; VII. The Contractor shall ensure that there is basic fire-fighting equipment available on site; VIII. Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations; IX. Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires; X. ‘Hot’ work activities shall be restricted to a site approved by the RE; XI. Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include: i. Workshop; ii. Fuel storage areas; iii. Any areas where vegetation or other material is such as to make liable the rapid spread of an initial flame; XII. The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to: i. Regular fire prevention talks and drills; ii. Posting of regular reminders to staff; 89 iii. Any fires that occur shall be reported to the RE immediately and then to the relevant authorities; iv. In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control; v. Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire. 7.4.23 Climate Change Impacts Construction procedures for the project are some of the human activities that will change the environment. Site clearance, changes in land use pattern, deforestation, agriculture, will lead to a rise in the emission of carbon dioxide, one of the greenhouse gases. These climate change effects are due to an increase in greenhouse gases in the atmosphere. The main gases are carbon dioxide, methane, nitrous oxide and fluorocarbons, principally from the burning of fossil fuels, forest destruction and agriculture. The Project area may experience high rainfall and flash floods, storm water, which may damage the infrastructure itself or cause damage to property and crops and may be exacerbated by climate change weather patterns. Mitigation measures I. Contractor should maintain his plant and equipment to limit carbon emissions; II. Contractor should plant trees along the project area periphery in order to help absorb carbon emissions from road traffic. 7.5 Negative Impacts During Operation. 1.3.1 Noise Pollution Noise associated with the proposed infrastructure development in the area will be from four main sources discussed below: a) Vehicle Noise. Vehicle noise will come from the engine, transmission, exhaust, and suspension, and is greatest during acceleration, on upgrades, during engine braking, on rough roads, and in stop-and-go traffic conditions. Poor vehicle maintenance is a contributing factor to this noise source. b) Project Maintenance. Project maintenance generally requires the use of heavy machinery, and although these activities may be intermittent and localized, they nevertheless contribute tremendous amounts of sustained noise during equipment operation. These can degrade the human welfare and disrupt noise sensitive areas like schools and hospitals. 90 Mitigation Measures I. Vehicles using the road should adhere to the Traffic Act where they are supposed to keep the vehicles in roadworthy conditions; II. Road users to adhere to NEMA rules on noise pollution i.e. Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. 7.5.1 Erosion and Water Quality Degradation Poor maintenance of drainage structures may render the road impassable and in the long-run wear out the road. If surface runoff is not properly channelled, it may lead to soil erosion. Mitigation Measures I. Maintenance engineers from Naivasha Sub-county shall inspect all drainage structures and outfalls; II. All the damaged culverts, wing walls and aprons shall be repaired and additional measures for velocity reduction and erosion protection shall be implemented in case or development of erosion. 7.5.2 Road Accidents The improvement of the project road and changes in road furniture may lead to significantly increased running speeds and is likely to induce significant generated traffic. This may pose a greater risk to travellers, pedestrians and livestock through road accidents. However, with proper engineering design, the frequency and number of accidents should decrease. On the other hand, if the road is left in poor condition, this may probably lead to some accidents that would not normally occur on a better running surface. These accidents would be avoided after the improvement and upgrading. Mitigation Measures I. Proper design of road safety features is a very effective way to prevent accidents. The Resident Engineer and the Contractor involved with the implementation of the design of the road should: i. Examine road design standards, safety equipment specifications and training to ensure that design details take account of safety concerns and that specific safety features are correctly designed and installed; ii. Require that road design audits be done, at final design stages, by specialists in road safety and traffic operations; iii. Draft traffic management plans, including details of signs, markings, and intersection layouts, channelisation of flows, access restrictions, footpaths, bus stops, and provisions for non-motorized vehicles; iv. Painting of edge lines in order to separate shoulders; v. Provision of traffic signals with phases for bicyclists; 91 vi. Establishment of non-motorised vehicle waiting area; vii. Improvement of visibility; viii. Provision of speed limit signs; ix. Construction of bumps to reduce speeds; x. Improvement of crossing sites paintings of zebra crossings; and xi. Regulations, educations and safety trainings. II. Active police enforcement of speeds; III. Road safety and accident prevention campaigns are recommended at the end of construction. To monitor the effectiveness of the road safety information and education campaigns, the following measures are recommended: i. Naivasha Subcounty shall monitor traffic accidents through records kept at the local police stations along the project road; ii. A report will be required after two years of monitoring and the results used to recommend further mitigation measures, if necessary. 7.5.3 Right -of – Way Encroachment After completion of construction, there are high chances of encroachment on the right-of- way. Encroachment is a common practise in Kenya and illegal structures can be sighted on most road reserves. Mitigation Measures I. Naivasha Subcounty should clearly demarcate the road reserve using, for example, concrete bollards or beacons at 100m intervals in the project area. II. Naivasha Subcounty should create awareness among local population on the need to respect the public utilties during the safety and accident prevention campaigns. III. Prior to completion of the Contract, the Contractor shall contract an implementing agency to undertake an awareness campaign in the communities, mainly in market centres about environmental protection. 7.5.4 Cultural Changes The Projects are in areas inhabited by a cosmopolitan community. The communities have established social organisation systems. The upgrading of the infrastucture is likely to increase the attractiveness of the area, which may result in the following: 1. Degradation of the cultural values and norms in the area; 2. Increase in the levels of crime of the area; 3. Increased desirable and undesirable social interaction in the area. Mitigation Measures I. Strengthen the cultural organizations and encouraging competitions through organization of cultural tournaments; II. Ensure that the project contributes to the creation of an atmosphere that is conducive to the functioning of all social centres which are in the project zone of influence. 92 7.5.5 HIV/ AIDS Nowhere is impact prevention more important than in the area of road safety and human health. The project may have serious negative consequences for the health of local populations. Throughout the world, the spread of AIDS and other sexually transmitted diseases (STDs) can be linked to the construction and the resultant opening-up of new regions. Although there are no empirical data to support this theory as far as Kenya is concerned, it is believed that migrant populations, particularly truck drivers and construction workers whose mobility is enhanced by new projects are the most likely vectors for these diseases. Moreover with opening of the region there is likely to be building of cheap lodgings in the area which is likely to turn into brothels. Mitigation Measures I. Sensitisation and awareness campaigns should be the responsibility of the NACC in Kenya together with their district co-ordinators. 7.6 Impacts During Decommissioning Phase. The Project is expected to be in operation for many years and therefore decommissioning is not anticipated to happen soon but should this happen all the positive impacts mentioned in this report would be reversed to be negative. Other negative impacts during decommissioning may include: 1. Waste generation; 2. Noise pollution; 3. Dust and exhaust emissions; 4. Occupational hazards. Positive impacts may be realised during decommissioning phase. They may include: 1. Rehabilitation of the whole area; 2. Employment opportunities. 93 CHAPTER EIGHT: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN The Environmental and Social Management Plan (ESMP) is prepared to show how site specific concerns and mitigation measures are addressed through the detailed design, pre-construction, construction and post-construction / operation phase of the Project. The ESMP has been developed with project knowledge and information available to date. Some of the Project’s final details, such as proposed locations of construction camps, actual locations of borrow areas to be used by the Contractor, disposal areas for construction debris among other issues, are unknown at the present time. As project commencement and scheduling plans are developed and changed, components of the ESMP might require amending. This is therefore a working document, which can be updated whenever new information is received or site conditions change. 8.1 Objectives of the ESMP The Environmental and Social Management Plan (ESMP) describes the range of environmental issues associated with the Project and outlines corresponding management strategies that will be employed to mitigate potential adverse environmental impacts. The ESMP conveys the project's environmental and social constraints. The Project will comply with all local laws and regulations, which seek to ensure that the construction work does not adversely affect the environment and social community resources. The Supervising Consultant may periodically revise the ESMP in consultation with the Contractor, and subject to the approval from the Naivasha Subcounty and the National Environment Management Authority. Revisions may be made to accommodate changes in work, weather and site conditions. The ESMP should be made available to all project staff. The objectives of the ESMP are: 1. To bring the project into compliance with applicable national environmental and social legal requirements; 2. To outline the mitigating/enhancing, monitoring, consultative and institutional measures required to prevent, minimise, mitigate or compensate for adverse environmental and social impacts, or to enhance the project beneficial impacts; 3. To address capacity building requirements within the relevant ministries if necessary. 8.2 Responsibilities In order to ensure the sound development and effective implementation of the ESMP, it will be necessary to identify and define the responsibilities and authority of the various persons and 94 organisations that will be involved in the project. The following entities will be involved on the implementation of this ESMP: 1. Ministry of Land, Housing and Urban Development; 2. National Environmental Management Authority; 3. Resident Engineer. 4. Environmental and Social Officer; 5. Contractor; 6. Local Authority. 8.2.1 National Environment Management Authority The responsibility of the National Environment Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment and to ensure that all mitigation measures proposed are actually implemented. 8.2.2 The Resident Engineer and Environmental and Social Officer The Resident Engineer (RE) will be appointed by Ministry of Lands, Housing and Urban Development or Supervising Consultant and will be required to oversee the construction programme and construction activities performed by the Contractor, in compliance with the present ESMP. The consultant proposes the RE to have an Environmental and social officer (ESO) in its team to co-ordinate all aspects of the environment during project implementation. This will include following the construction to monitor, review and verify the implementation of the project’s ESMP. During construction, the ESO will be responsible for the following tasks: 1. Updating environmental aspects (not covered in the ESIA / ESMP) during project implementation; 2. Auditing environmental and safety aspects at the work sites; 3. S/He shall participate in the definition of the no working-areas and the location of campsite, borrow pits, quarries and other areas; 4. Recommending solutions for specific environmental problems; 5. S/He shall facilitate the creation of Community Liaison Groups and shall monitor the compliance of the social clauses of the Contract, in terms of local labour force and HIV/AIDS campaign; 6. Overseeing strategies for sensitising the local population on health and safety problems; 7. Attending consultations held at key stages of the project with the community and interested parties; 8. S/He will be required to liaise with the respective Environmental Authorities on the level of compliance with the ESMP achieved by the Contractor on a regular basis for the duration of the contract; 9. Controlling and supervising the implementation of the ESMP; 10. Preparing quarterly environmental and social progress or “audits” reports on the status of implementation of measures and management of work sites. 95 8.2.3 The Contractor The Contractor will be appointed by the MLHUD and will be required to comply with the requirements of the ESIA/ ESMP and the Standard Specifications for Road Works in Kenya and any other applicable Standard specification, which include specifications for Environmental Protection and Waste disposal, Borrow Pit and Quarry Acquisition and Exploitation, Landscaping and grassing and so on. 8.2.4 Local Authorities The relevant departmental officers in the local authorities should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers. Some of the areas for which the officers will be required include: 1. Approving locations for establishing work camps; 2. Involvement in creation of wayleaves or relocation of project affected persons in the settlement; 3. Liaising with the NGOs in the project area to assist in the sensitisation campaigns for HIV/ AIDS and public health to the workforce and the local community; 4. Issuing permits for tree felling, vegetation clearing, exploitation of quarries and borrow sites (whenever necessary); 5. Identifying locations for disposal of construction debris; 6. Issuing permits or relevant documentation for health and safety monitoring in accordance with local health and safety legislation and / or ILO standards. 8.3 Environmental and Social Management Plan The set of instructions provided in this Chapter and summarised in Table 8.1 constitute the Environmental and Social Management Plan (ESMP). To facilitate the use of this ESMP, the environmental management instructions are presented according to the sequence of project stage activities as follows: 1. Construction; 2. Operation. 3. Decommissioning The following issues require special attention: 1. Material sources, especially the quarry sites; 2. Designs must take into considerations the topography and soil conditions. 3. Informative signs shall be considered for all social amenities (educational institutions, hospitals, trading centres etc); 4. The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced / adhered to; 5. The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract. 96 Table 8.1 is a summary of the environmental and social management plan. It includes the impacts, mitigation measures, responsible parties and the estimated costs. 97 Table 8.1 Environmental and Social Management Plan during construction and operation phase Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Construction Phase RAP  The Resettlement Action Plan should be undertaken.  To undertake Ministry of Pre- This Resettlement exercise will involve the following Land Lands, construction KShs activities: Acquisition Housing and and 13,779,150.  The local administration, SEC and county KISIP and Urban Construction 00 team must ensure that all the issues pertaining to compensate Development relocation are cleared before the Contractor moves Project on site; Affected  The project team must undertake a pre-construction Persons inspection of each section of the alignment and all (PAPs) ancillary sites. The inspection shall involve a site review of the alignments and any identified ancillary sites required by the Contractor.  Land required for sourcing construction materials (quarries, borrow sites, water harvesting basins) must be negotiated by the Contractor with the landowners, in the presence of local administration. Construction  Ensure that appropriate authorisation to use the  Proper Contractor Construction As material proposed borrows pits and quarries has been obtained sourcing of specified by sourcing before commencing activities by seeking approval from construction the the National Environmental Management Authority materials and Standard before use of any active quarry site; rehabilitation Specificatio  Carry out inspection of each of the site’s soil stability of quarries and ns for before excavation; borrow sites Roads and Bridges 98 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  All borrow pits sites shall be clearly indicated on a plan after and approved by the RE. completion of  Borrow pits and quarries shall be located more than 20 construction. meters from watercourses in a position that will facilitate the prevention of storm water runoff from the site from entering the watercourse;  The Contractor shall give 14 days’ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries;  Prepare health and safety plan before any work on the quarries is commenced;  Cordon off the quarry and borrow areas to keep livestock and children off;  Maintain fences and “make good” of the sites afterwards;  Prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimise the risk of erosion;  Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete;  The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil;  Decommission the borrow pits and quarries upon 99 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators completion of the Contract and reinstate the land to its natural condition by grading excavations and planting suitable saplings;  The contractor is expected to follow the sand harvesting regulations published by NEMA  In case of blasting:  The Contractor will be responsible for obtaining a current and valid authorisation from the Department of Mines and Geology prior to any blasting activity. A copy of this authorisation shall be given to the RE;  A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times;  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);  The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site;  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;  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; 100 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover. Air quality and  Workers shall be trained on management of air  To reduce Supervising Construction 1,000,000.0 dust pollution from vehicles and machinery. All pollution of Engineer and 0 construction machinery shall be maintained and ambient air the serviced in accordance with the contractor’s Contractor. specifications;  Workers shall be trained on dust minimisation techniques;  The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible;  Do not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road;  Water sprays shall be used on all earthworks areas within 200 metres of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE;  Vehicles delivering soil materials shall be covered to reduce spills and windblown dust;  Vehicle speeds shall be limited to minimise the generation of dust on site and on diversion and access roads; 101 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO;  Plants and all construction works should be undertaken strictly during business hours;  NEMA and the Ministry of Transport has published regulatory measures related to vehicle air pollution. It is anticipated that these measures will be adhered to and the law enforcers will take control;  Project-specific design improvements to limit motor vehicle air pollution impacts include: Noise  The Contractor shall keep noise level within acceptable  To avoid Contractor Construction As limits and construction activities shall, where possible, exposure of specified by be confined to normal working hours in the residential the community the areas; living around Standard  Schools, hospitals and other noise sensitive areas shall the project Specificatio be notified by the Contractor at least 5 days before area and ns for construction is due to commence in their vicinity. Any workers to Roads and excessively noisy activity shall be conducted outside of noise nuisance Bridges school hours, where approved by the RE;  Construction workers will be required to wear ear muffs in areas exposed to excessive noise levels;  Equipment should be maintained regularly to reduce noise resulting from friction;  No unnecessary hooting by project and resident vehicles;  Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE. Vegetation loss  Except to the extent necessary for establishing the  To protect Contractor Construction As 102 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators construction site and carrying out the construction vegetation specified by works, vegetation shall not be removed, damaged or the disturbed nor should any unauthorised planting of Standard vegetation take place; Specificatio  The clearance of the site for construction purposes ns for shall be kept to a minimum. The use of existing cleared Roads and or disturbed areas for the Contractor’s Camp, Bridges stockpiling of materials etc shall be encouraged;  Areas to be cleared should be agreed and demarcated before the start of the clearing operations;  Clearing and removal of vegetation, especially at borrow sites must be carried out in such a way that damage to adjacent areas is prevented or minimised;  Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas;  Trees should be trimmed rather than removed wherever possible;  The use of fuel wood by construction workers should be discouraged. Workers should be encouraged to use alternative energy sources such as biogas, kerosene, electricity or gas;  The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources;  The contractor should establish contracts with wood fuel suppliers, where wood is used. The suppliers should show permits from the relevant Government agencies to prevent illegal felling of trees and to ensure plantation timber is used. 103 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Storm water  Earthworks should be controlled so that land that is  To conserve Contractor Construction No and Soil not required for the project works is not disturbed; soil and avoid additional erosion  Wherever possible, earthworks should be carried out stripping of cost. during the dry season to prevent soil from being top soil Provided in washed away by the rain; the BOQs  Excavated materials and excess earth should be kept at appropriate sites approved by the Supervising Engineer;  Wherever possible, the earth dumping sites will be designed in such a manner as to facilitate natural water discharge;  The contractor should adhere to specified cut and fill gradients and planting embankments with shrubs and grass to reduce erosion and take care of stability problems of road embankments. Areas cleared for improving sight distance should be planted with grass to reduce erosion;  Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion.  On any areas where the risk of erosion is evident, special measures may be necessary to stabilise the areas and prevent erosion.  The erosion prevention measures must be implemented to the satisfaction of the RE;  Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO. 104 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Drainage  Where new culverts are to be installed, consultation  To ensure Contractor Construction No with people settled there will be required to avoid drainage additional possible conflicts that may arise due to channelling of structures are cost water; constructed  The Contractor shall ensure that provision is made to well to avoid facilitate continuity of base water flow at all times erosion during construction of these features across streams, rivers, lagoons and flood plains;  Ensure that drainage structures are able to accommodate high rainfall and flash floods, drainage structures are regularly maintained by desilting;  The Contractor shall not divert, dam or modify any watercourse without the approval of the RE and relevant authorities as required by the law;  The Contractor shall submit a Method Statement to the RE for approval prior to commencing construction of bridges or culverts. Impact on  The contractor should consult the community on  To ensure the Contractor Construction No local resources partitioning of access to local resource for construction community additional purposes; resources are cost  The Contractor must adhere to water quality used well and regulations described in Legal Notice No. 120 of the not depleted Kenya Gazette Supplement No. 68 of September 2006.  Abstractions from natural, municipal and / or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction 105 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators of the Naivasha Subcounty for the abstraction of water. Contractors  The site for the Contractor’s Camp shall be determined  To ensure Contractor Construction As camp in collaboration with the RE taking into consideration proper siting specified by  General the following: of contractor’s the  The security situation in the area (expressed authority camp Standard must be given by the Officer Commanding Police Specificatio Division of Naivasha District and preferably to be ns for located on the existing market centres within the Roads and settlement. Bridges  The local administration shall be involved in the site location to avoid destruction of any ritual site or any other conflict;  The Contractor’s Camp layout shall take into account availability of access for deliveries and services and any future works;  The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub-contractors that may work on the project.  Decommission the camps and Reinstate the land to its natural condition by filling excavations and planting suitable saplings.  The Contractor shall implement the following as required with the approval by the RE:  The contractor will be required to prepare a waste management plan for the work sites and camps at the start of the project;  A suitable stormwater drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming; 106 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  A suitable potable water supply;  Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities;  Suitable sanitation facilities, adequate for the number of staff on site;  Facilities for cooking;  Facilities for solid waste collection;  Facilities for waste water management.  Sanitation  The Contractor shall comply with all laws and any by-  To ensure Supervising Construction As laws relating to public health and sanitation; proper Engineer and specified by  All temporary/ portable toilets or pit latrines shall be sanitation Contractor the secured to the ground to the satisfaction of the RE to Standard prevent them from toppling over; Specificatio  The type and exact location of the toilets shall be ns for approved by the RE prior to establishment. The use of Roads and septic tanks may only be used after appropriate Bridges investigations have been made and the option has been approved by the RE;  All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE;  A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease;  The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate 107 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators location/facility for disposal;  The Contractor shall instruct their staff and sub- contractors that they must use toilets provided and not the bush or watercourses.  The contractor to provide a mobile toilet facility and portable water for remote sites.  Workshops  Where practical, all maintenance of equipment and  To ensure Contractor Construction No vehicles on site shall be performed in the workshop. proper additional  If it is necessary to do maintenance on site, but outside maintenance cost of the workshop area, the Contractor shall obtain the of equipment approval of the RE prior to commencing activities; and machinery  The Contractor shall ensure that there is no and cleanliness contamination of the soil, vegetation or surface water in the in his workshop and other plant or emergency workshop maintenance facilities.  The workshop shall be kept tidy at all times and shall have the following as a minimum:  A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage;  the floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil);  Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors);  The drip trays shall be inspected and emptied daily;  Drip trays shall be closely monitored during wet 108 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators weather to ensure that they do not overflow.  General  All materials shall be stored within the Contractor’s  To ensure Contractor Construction As Materials camp unless otherwise approved by the RE; proper specified by Handling  Stockpile areas shall be approved by the RE; handling and the and Storage  All imported fill, soil and/or sand materials shall be storage of Standard free of weeds, litter and contaminants. Sources of materials Specificatio imported materials shall be listed and approved by the ns for RE; Roads and Bridges  The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required;  Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product;  Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced;  Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner;  Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected. Solid wastes  The contractor should develop a waste management  To maintain Supervising Construction As plan; sound waste Engineer and specified by  All personnel shall be instructed to dispose of all waste management the the 109 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators in a proper manner; practice. Contractor. Standard  At all places of work the contractor shall provide litter Specificatio collection facilities; ns for  The final disposal of the site waste shall be done at the Roads and location that shall be approved by the RE, after Bridges consultation with local administration and local leaders;  The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis;  Wherever possible, materials used or generated by construction shall be recycled;  Provision for responsible management of any hazardous waste generated during the construction works;  Dispose of surplus material ("spoil") only at designated sites and by approved methods which must consider long-term soil stability against shrinking and swelling. In both cases the fill platforms must be secure against erosion, and not interfere with floodwaters;  The spoil area should preferably be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict;  The need to be more than 20 meters from watercourses and in a position that will facilitate the prevention of stormwater runoff from the site from entering the watercourse;  The development and rehabilitation of spoil areas.  The Contractor shall ensure that the placement of spoil 110 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas. Wastewater  No grey water runoff or uncontrolled discharges from  To maintain Supervising Construction No the site/working areas (including washdown areas) to properly Engineer and additional adjacent watercourses and/or water bodies shall be dispose the cost permitted; wastewater Contractor.  Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills;  The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies;  Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered;  Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted;  The Contractor shall notify the RE of any pollution incidents on site. Fuels, Oils,  The contractor should construct machinery and vehicle  To ensure Supervising Construction As Hazardous maintenance areas as well as sealed areas for the storage proper Engineer and specified by Substances and of pollutants so as to avoid any accidental discharge handling of the the other Liquid that would pollute water resources; fuels and Contractor. Standard 111 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Pollutants  Hazardous materials shall not be stored within 2 hazardous Specificatio kilometres of the top water level of public water supply substances ns for reservoirs; Roads and  Hazardous materials shall be stored above flood level Bridges and at least 20 metres from any watercourse;  Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions;  Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them;  The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains;  Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment;  Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment;  Fence of the tank compound with locks or other adequate security controls at the site;  Locks on unattended dispensing hoses;  Appropriate training for the handling and use of fuels and hazardous material is to be provided by the 112 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Contractor as necessary. This includes providing spill response and contingency plans;  Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles;  All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers;  Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal;  Stormwater shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas;  Measures should be taken to ensure proper storage of fuel, oil and bitumen. Oil-water interceptors or sumps should be constructed to capture discharge of oils, fats and other polluting liquids from maintenance workshops, vehicle and equipment washing bays and kitchen drains;  At the work sites the contractor will be expected to maintain strict surveillance particularly when working within the vicinity of water supply points and the rivers 113 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators within the project area;  A safety and emergency response plan will need to be developed for all operations with emphasis on the protection of the environment prior to start up;  Oil pollution should be prevented by ensuring proper storage, handling and disposal of oil and oil wastes;  Rehabilitation of the existing water points, use of soak pits, stone pitching and check dams as velocity and siltation reducing measures of this water sources and springs The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings;  No construction materials shall be stockpiled within areas that are at risk of flooding;  The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons;  All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean and or larger particles. Silts and clays shall not be permitted in the fill;  Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river;  The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile; 114 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  The Contractor shall preserve all riparian vegetation;  The Contractor shall not pollute the watercourse or sources through any construction activities. Asphalt,  The plant should be situated on flat ground;  To ensure Supervising Construction No Bitumen and  Topsoil shall be removed prior to site establishment proper siting Engineer and additional Paving and stockpiled for later rehabilitation of the site; and operation the cost  Bitumen drums / products shall be stored in an area of asphalt, Contractor. approved by the RE. This area shall be indicated on the bitumen and construction camp layout plan. The storage area shall paving have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances;  The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff;  The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE;  Well-trained staff shall be responsible for plant workings.  Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water;  An area should be clearly marked for vehicle access;  Drums/tanks shall be safely and securely stored;  Materials requiring disposal shall be disposed of at an appropriate waste facility. 115 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Cement /  Concrete batching plant shall be located more than 20  To ensure Supervising Construction As Concrete m from the nearest stream/river channel; proper siting Engineer and specified by Batching  Topsoil shall be removed from the batching plant site and operation the the and stockpiled; of Contractor. Standard  Concrete shall not be mixed directly on the ground; cement/concr Specificatio ete batching ns for  The concrete batching works shall be kept neat and Roads and clean at all times; Bridges  Contaminated stormwater and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away;  Unused cement bags are to be stored so as not to be effected by rain or runoff events;  Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via windblown dust);  Concrete transportation shall not result in spillage;  Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment;  Suitable screening and containment shall be in place to prevent windblown contamination associated with any bulk cement silos, loading and batching;  Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site;  All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable; 116 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  All excess aggregate and sand shall also be removed;  After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed. Diversion and  Since the major part of the road is going to be under  Use of existing Supervising Construction No access roads the current alignment the Contractor shall adhere to roads and Engineer and additional the road reserve (if possible) in locating the diversion proper use of the cost routes. If diversion routes go beyond the road reserve, diversion and Contractor. necessary permission should be sought; access roads  Where possible the diversion must be limited to already connecting routes in the area;  The Contractor shall comply with all applicable laws and by-laws in Kenya with regard to road safety and transport;  Access to the construction site and works area shall utilise existing roads and tracks where possible;  Upgrading of the access roads shall be undertaken within the existing confines of the road, unless otherwise agreed with the RE;  All diversion and temporary access routes shall be rehabilitated at the end of the contract to the satisfaction of the RE;  Damage to the existing access roads and services as a result of construction activities shall be repaired to the satisfaction of the RE. The cost of the repairs shall be borne by the Contractor;  To avoid dusts and air pollution, the Contractor must 117 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators sprinkle water in the diversion route, as necessary, this must be supervised by RE and ESO. Disruption of  Disruption of access to property must be kept to a  Minimise Supervising Construction No Access to minimum at all times. Where such disruption is disruption of Engineer and additional Property unavoidable, the Contractor shall advise the affected access to the cost parties and the RE at least seven working days in property Contractor. advance of such disruption. Relocation of  Undertake inventory of existing utilities in the project  Minimum Supervising Construction 10,000,000. public utilities area before construction begins; disruption of Engineer, 00  Relocation of services should be provided for in the access to Contractor, BoQs public utilities KPLC and  Notice should be given to the utility users prior to any Meru water interruption in supply; service company  Liaise with relevant parties which include Kenya Pipeline Company, Naivasha water service company, KPLC and other institutions having utilities on the road reserve Delays in  To avoid delays to road users, the contractor will be  Traffic Supervising Construction No transportation required to plan itineraries for site traffic on a daily management Engineer, and additional basis. Traffic management and control is mandatory plan Contractor cost throughout the project;  Temporary road signs that are visible both during the day and at night indicating road works and restrictions will be required;  The contractor should also set aside footpaths, cycle lanes and parking bays for heavy goods vehicles and public transport vehicles;  Areas where construction is taking place should have clearly marked speed reduction signage. 118 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Emergence of  To forestall the growth of unplanned settlements  To curb Supervising Construction No unplanned around the construction camps and other work sites, against Engineer, additional settlements the road agencies and local administration will need to unplanned Contractor cost undertake routine and strict surveillance around the settlements and Provincial work sites; Administratio  The community along the project area are aware that n the infrastructure aredue for improvement. They are also aware that it is normal procedure to receive compensation for crops and structures within the right of way. To mitigate against the potential increase of persons who may be affected by the project, presently and in future, the local council should inform the district administration to help in stopping further developments within the right of way. Discrimination  To avoid conflicts with the local people on  Employment Contractor Construction No on employment is it proposed that the Contractor employs of local and local additional employment the locals in liaison with local administration in communities administration cost opportunities unskilled and semi-skilled duties;  To promote the livelihood of vulnerable groups such as the women-headed households, there will be a need to undertake sensitisation and awareness campaigns to the local community to promote gender equity in employment during the construction works. Occupational  The Contractor shall comply with all standard and  To reduce Supervising Construction As Health and legally required health and safety regulations as chances of Engineer and specified by Safety promulgated by Factories and Other Places of Work accidents Contractor. the Act and also the to ILO Guidelines on Safety and Standard Public Health in the construction activities; Specificatio  The Contractor shall provide a standard first aid kit at ns for 119 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators the site office; Roads and  There should be a Safety Officer on site who has first Bridges aid training and knowledge of safety procedures;  Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads;  No unauthorised firearms are permitted on site;  The Contractor shall provide the appropriate Personal Protective Equipment for staff;  The contractor must have insurance cover for the workmen. Public Health  A comprehensive health awareness campaign, carried  To reduce Supervising Construction 12,000,000. out in conjunction with the project team will be done transmission Engineer, 00 to prevent outbreak of disease. This will include of diseases; Contractor, Successful preventive measures such as immunizing the  To create NGOS, vulnerable population, and educating people about awareness of Provincial and diseases and how they are contracted, and how to avoid the District them by using treated water and keeping living areas HIV/AIDS. HIV/AIDS cleaner; control  Treating affected local and migrant populations will councils, and also be used in controlling the movement of disease health officers vectors (through contaminated water and between people).  The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities;  All works which may pose a hazard to humans and domestic animals are to be protected, fenced, 120 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected;  The HIV/AIDS awareness campaigns should be conducted at the camps as well as in the trading / market centres. The contractor shall take an active role in civic and public health education to his employees and the community.. The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T- shirts and caps), availability of condoms (free), and theatre groups. The contractor will co-ordinate with the Provincial and District HIV/AIDS control councils, health officers and the NGOs undertaking education and sensitisation programmes;  The contractor will provide condoms at appropriate places in the work camps. The campaigns will be continuously done by the relevant Government organisation even during operation phase of the project;  The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognising the limitations due to the short timeframe to show behaviour change. The assessment will be supported by qualitative information from focus group discussions. Disruption of  The RE is to establish a formal grievance mechanism  To minimise Supervising Construction No 121 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators Community through which affected people can lodge a grievance disruption of Engineer additional and to help ensure a speedy satisfactory resolution of community Contractor cost any disputes; and adequately and ESO.  The Contractor will be required to minimise the risk of address grievances with the local communities through grievances implementing the specifications described in the ESMP;  Where grievances occur, the Contractor will be required to assist in the process to investigate and resolve the grievance as effectively and quickly as reasonable;  The Contractor shall keep a ‘Complaints register’ on Site. The register shall contain:  All contact details of the person who made the complaint and information regarding the complaint itself;  The investigations undertaken and response provided;  Actions taken and by whom;  Any follow-up actions taken.  Copies of complaints received are to be copied to the RE, and where pertinent, the ESO. Site Security  Security arrangements must be included in the Bills of  To improve Supervising Construction As Quantities to avoid any delays which might be caused site security Engineer and specified by due to insecurity; and avoid Contractor. the  The Supervising Engineer and Contractor in liaison cases of theft Standard with the security organs must create awareness to the Specificatio security situation on the ground all the times; ns for  Appropriate fencing, security gates, shelter and security Roads and 122 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators guards are to be provided at the Construction Site to Bridges ensure the security of all plant, equipment and materials, as well as to secure the safety of site staff;  The Contractor must ensure that good relations are maintained with local communities and their leaders to help reduce the risk of vandalism and theft;  Site staff that are found to be involved in incidences of theft or pose other security risks to the local community are to be dismissed and reported to the authorities. Fire Prevention  The Contractor shall take all reasonable and  Fire Supervising Construction No and Control precautionary steps to ensure that fires are not started prevention and Engineer and additional as a consequence of his activities on site; control Contractor. cost  The Contractor shall ensure that there is basic fire- fighting equipment available on site;  Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations;  Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires;  ‘Hot’ work activities shall be restricted to a site approved by the RE;  Smoking shall not be permitted in those areas where there is a fire hazard.  The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur.  Any fires that occur shall be reported to the RE 123 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators immediately and then to the relevant authorities;  In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control;  Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire. Climate change  Contractor should maintain his plant and equipment to  Reduce RE, Project life No limit carbon emissions; environmental Supervising cycle. additional  The contractor should seek permission or notification pollution Engineer and costs to KFS before cutting trees. Contractor  Contractor should plant trees in the area periphery in order to help absorb carbon emissions from road traffic Operation Phase Noise pollution  Vehicles using the road should adhere to the Traffic  To reduce Traffic police Operation No Act where they are supposed to keep the vehicles in chances of and NEMA additional roadworthy conditions; noise nuisance cost  Road users to adhere to NEMA rules on noise pollution i.e. Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Control Regulations, 2009 Erosion and  Maintenance engineers from Naivasha Subcounty shall  To ensure Naivasha Operation No water quality inspect all drainage structures and outfalls; drainage Subcounty additional  All the damaged culverts, wing walls and aprons shall systems are in cost be repaired and additional measures for velocity good condition 124 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators reduction and erosion protection shall be implemented in case or development of erosion. Road  Proper design of road safety features is a very effective  To avoid road Naivasha Construction No Accidents way to prevent accidents. The Resident Engineer and accidents Subcounty and operation additional the Contractor involved with the implementation of and Traffic cost.. the design of the road should: police  Examine road design standards, safety equipment specifications and training to ensure that design details take account of safety concerns and that specific safety features are correctly designed and installed;  Require that road design audits be done, at final design stages, by specialists in road safety and traffic operations; and  Draft traffic management plans, including details of signs, markings, and intersection layouts, channelisation of flows, access restrictions, footpaths, bus stops, and provisions for non-motorized vehicles;  Painting of edge lines in order to separate shoulders;  Provision of traffic signals with phases for bicyclists;  Establishment of non-motorised vehicle waiting area;  Improvement of visibility;  Provision of speed limit signs;  Construction of bumps to reduce speeds;  Improvement of crossing sites paintings of zebra crossings;  Regulations, educations and safety trainings.  Active police enforcement of speeds; 125 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators  Road safety and accident prevention campaigns are recommended at the end of construction. To monitor the effectiveness of the road safety information and education campaigns, the following measures are recommended:  Naivasha Subcounty shall monitor traffic accidents through records kept at the local police stations along the project road;  Naivasha Subcounty and the respective Agriculture shall record accidents with livestock;  A report will be required after two years of monitoring and the results used to recommend further mitigation measures, if necessary. Right -of –  Naivasha Subcounty should clearly demarcate the road  Avoid Naivasha Operation No Way reserve using, for example, concrete bollards or encroachment Subcounty additional Encroachment beacons at 2m intervals along the project road; on Right-of- and Local cost..  Naivasha Subcounty should create awareness among way Administratio local population on the need to respect the road n reserve during the road safety and accident prevention campaigns. Illegal trade on  There needs to be consultation between Naivasha  Curb against Naivasha Operation No trees and its Subcounty and other Government departments, such illegal trade on Subcounty additional products as the KFS on how best manage the problem; trees and its and KFS No  Prior to completion of the Contract, the Contractor products additional shall contract an implementing agency to undertake an cost. awareness campaign in the communities, mainly in market centres about environmental protection. Cultural  Strengthen the cultural organizations and encouraging  To reduce the Naivasha Operation No Changes competitions through organization of cultural breakdown of Subcounty additional 126 Environment Recommended mitigation, monitoring and/ or Goals Responsibilit Time frame Cost al / social management measure y for and (KES) aspect implementati monitoring on indicators tournaments; the socio- and local cost  Ensure that the project contributes to the creation of culture of the administration an atmosphere that is conducive to the functioning of natives. all social centres which are in the project zone of influence. HIV/AIDS  Sensitisation and awareness campaigns should be the  To reduce Naivasha Operation No responsibility of the National Aids Control Councils in prevalence Subcounty additional Kenya together with their district co-ordinators. rates and National cost Aids Control Councils 127 8.4 Uncertainty in ESMP Uncertainty in ESMP may be occasioned by the following aspects:- 1. Non homogenous baseline due to ever changing external factors occurring during the entire project cycle; 2. Changes in legal and regulatory policy which influences the assessment of future baselines and post development issues; 3. Non uniform soil profiles which may be realized during project implementation; 4. Non compliance of the proponent and contractor with the implementation schedule. The proponent and Naivasha Subcounty ought to beware of the above listed issues and together with the contractor adopt a proactive strategy to address the emerging issues and knowledge gaps. 8.5 ESMP Management Records Environmental management records shall be kept on site during the duration of construction and shall include the following: 1. The updated version of the ESMP; 2. All necessary permits and licences; 3. All site specific plans prepared as part of the updated ESMP; 4. All written instructions and reports issued by the RE / Supervising Consultant; 5. A register of audit non-conformance reports and corrective actions; 6. All related environmental, social, health and safety management registers and correspondence, including any complaints; 7. All records shall be kept at site premises and maintained in a legible state for the full period of construction. 8.6 Auditing of the ESMP The ESO shall conduct quarterly audits to ensure that the system for implementation of the ESMP is operating effectively. The audit shall check that a procedure is in place to ensure that: 1. The ESMP being used is the up to date version; 2. Variations to the ESMP and non-compliance and corrective action are documented; 3. Appropriate environmental training of personnel is undertaken; 4. Emergency procedures are in place and effectively communicated to personnel; 5. A register of major incidents (spills, injuries, complaints, legal transgressions, spot fines and penalties etc) is in place and other documentation related to the ESMP; 6. Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued through the RE. 8.7 Costs of Mitigation Construction related costs for mitigation of environmental impacts will be included in the Bill of Quantities (BoQ) as part of the design and tender documentation for the settlement upgrading final designs. 128 8.8 Environmental and Social Monitoring Environmental and social monitoring during construction and operation helps to predict unforeseen environmental and social impacts and allows measures to prevent or avert adverse impacts to be developed or introduced in a timely manner. Maintenance of infrastructure during construction and operation is also important in contributing towards environmental conservation by for example, preventing soil erosion along the road and its upstream and downstream catchments and ensuring proper drainage of run-off, away from the road. During the construction and operation phase, monitoring will be undertaken to ensure that proposed mitigation measures for negative impacts and enhancement measures for positive impacts are implemented. Table 8.2 Environmental Monitoring Plan Environ Location Responsibility Responsibility Mode and Frequency mental during design for monitoring Period of Aspect and during operation (c) = monitoring construction Construction (o) = Operation Land  Way leave MLHUD and SURVEY Before Once. acquisition Naivasha REPORT construction and Subcounty Resettlem ent Solid  Constructi Contractor, Naivasha Site visit and Weekly(c) Waste on Camp Supervising Subcounty visual inspection  Project Engineer. (c) sites Air  Project Design Traffic Police; Visual inspection Daily (c) pollution site Engineer, Naivasha (c) Contractor, Subcounty. Random (o) Supervising Speed gun (o) Engineer, Noise  Project Supervising Traffic Police and Speed gun (o). Random (o) pollution: site. Engineer and Naivasha Observation/Insp Contractor. Subcounty ection (c) Liquid  Project Design Naivasha Visual inspection Daily (c). wastes site (work Engineer, Subcounty (c). Twice a year shops) Supervising Routine (o). Engineer, and maintenance (o). Contractor. 129 Environ Location Responsibility Responsibility Mode and Frequency mental during design for monitoring Period of Aspect and during operation (c) = monitoring construction Construction (o) = Operation Vegetatio  Way leave Design Naivasha Visual Inspection At the end n loss Engineer, Subcounty (c) of Contractor, construction Supervising Engineer. Water  Material Contractor, Naivasha Water quality Monthly sites and Supervising Subcounty and analysis(c) project Engineer Naivasha Water area and Sewerage Company Soil  Project Contractor, Naivasha Drainage of Weekly erosion area Supervising Subcounty project area (c) Engineer Social  Project Naivasha Naivasha Public Quarterly impacts area Subcounty Subcounty consultations Contractor, Supervising Engineer 8.9 Costs for Monitoring The costs for mitigation of construction related impacts will be included in the contract documents. During construction and decommissioning phases of the project, the Environmental and Social Officer will co-ordinate the monitoring programme and prepare reports for submission to the environmental authorities. 8.10 Environmental Training and Awareness The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMP. The Contractor will therefore be required to provide for the appropriate Environmental Training and Awareness as described in this ESMP in his costs and programming. An initial environmental awareness training session shall be held prior to any work commencing on site, with the target audience is all project personnel. The training should include but not limited to the following: 1. Basic awareness and understanding of the key environmental features of the work site and environs; 2. Understanding the importance of and reasons why the environment must be protected; 3. Ways to minimise environmental impacts; 130 4. Relevant requirements of the ESMP; 5. Prevention and handling of fire; 6. Health risks pertinent to the site, including prevention of communicable diseases; 7. Awareness, prevention and minimisation of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases; 8. The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS and natural resources; and 9. The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE. 8.11 Environmental Risk Management The failure of environmental mitigation can result in serious impacts such as erosion, increased road accidents and disruption of the community lifestyles. Construction projects also involves occupational health and safety risks to communities, workers, primarily in the areas of storage and handling of dangerous materials, and operation of heavy machinery close to traffic, slopes and watercourses. The anticipated risks in this project include: 1. Exposure to excessive dust particles or toxic fumes from bitumen and other chemicals used in road works; 2. Potential for collapse of trenches; 3. Risk of accidents involving passing traffic; 4. Risk of rock falls during blasting; 5. Risk of fuel spills and therefore contaminating soil and groundwater. The risks can be mitigated to a large extent through: 1. Strengthening staff skills and training in environmental management; 2. Monitoring environmental actions and responsibilities and making provision for remedial actions; 3. Planning for remedial measures in case initial planned actions are not successful; 4. Limiting time of exposure to dust particles, chemicals and noise; 5. Establishing safety and inspection procedures in materials handling, operating heavy equipment and constructing trenches; and 6. Safe handling of toxic materials, explosives and other hazardous substances. 8.12 Emergency Procedures The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to: 1. Accidents at the work place; 2. Accidental fires; 3. Accidental leaks and spillages; 4. Vehicle and plant accidents; Specific to accidental leaks and spillages: 131 1. The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks; 2. The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times. Specific to hydrocarbon spills: 1. The source of the spill shall be isolated and the spillage contained using sand berms, sandbags, sawdust, absorbent material and/or other materials approved by the RE; 2. The area shall be cordoned off and secured; 3. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/breakdown the spill; 4. The quantity of such materials shall be able to handle a minimum of 200l hydrocarbon liquid spill; 5. The Contractor shall notify the relevant authorities of any spills that occur; 6. The Contractor shall assemble and clearly list the relevant emergency telephone contact numbers for staff and brief staff on the required procedures. These contact details shall be listed in English and Kiswahili; 7. The treatment and remediation of areas affected by emergencies shall be undertaken to the reasonable satisfaction of the RE at the cost of the Contractor where his staff has been proven to be responsible for the emergency. 8.13 Environmental Audits One of the methods that will be used in monitoring will be through formal Environmental Audits according to EMCA 1999 EIA/EA Regulations 2003. The Audits will be carried out by contracted road design engineer, environmentalist, Project Supervision engineers in collaboration with the contractor. NEMA´s DEO, Naivasha Subcounty environment officials, relevant NGOs and CBOs will also be involved during and after construction to ensure sustainability of measures put in place. 8.14 Occupational Health / Safety Audits The audits should be carried out in accordance as a legal requirement of the Directorate of Occupational Health and Safety. NEMA´s Initial and follow up audits (Self Audits) should be carried out within raw material borrow sites such as quarries and borrow pits. 132 CHAPTER NINE: CONCLUSIONS AND RECOMENDATIONS 9.1 Conclusion The findings of the Environmental and Social Impact Assessment (ESIA) conclude that the impact of construction of KISIP Project components is positive overall on the socio- economics of the area. However, the impact of the project on the bio-physical environment is low to moderately negative both in the construction phase and over the project life (operation phase), if appropriate mitigation and support measures are not employed. The social impacts of land take and Resettlement will not be there as the constructed are constructed on the already existing or allocated/designated areas. The environmental and social management measures proposed are generally straight forward. Majority of the measures relate directly to sound operating practices both during the construction phase and subsequently over the operational life of the investments. Provided the project is constructed, operated and maintained with due attention to the mitigation and management measures outlined, the project will have a positive impact on both the bio-physical and socio-economic environment of the project area. It is recommended that this project be implemented and that the proposed mitigation and monitoring measures are enforced. 9.2 Recommendations 1. The proposed KISIP project in Naivasha town should be granted a licence to commence; 2. Implementation Plan: The consultant recommended that the proposed project be implemented in compliance with all the relevant policy, legislative and planning requirements of both Kenya and development partners; 3. A monitoring programme should be adhered to by the supervising Engineers and Naivasha Subcounty during construction and operation phases; 4. Naivasha Subcounty should liaise with other entities/organisations having utilities on the road (pipeline, water, electricity and communication lines) to ensure that they only use the edges of the road reserve to avoid future costs of relocation of service and inconvenience; 5. Naivasha Subcounty should survey and put beacons on the public utilites in the settlements and provide service line crossing so as to stop encroachment, stop cuts on the road and ease maintenance of roads; 6. Annual Environmental Audits: MLHUD and Naivasha Subcounty should undertake an environmental audit (EA) of the projects, in accordance to NEMA Regulations, twelve (12) months after commencement of the project to confirm the efficacy and 133 adequacy of the ESMP. This can be done by seeking the services of Environmental Consultants; 7. MLHUD and Naivasha Subcounty should attach an Environmental and Social Officer to the project during 134 APPENDICES 1.1 Appendix 1: Estimates of Cost and Quantities’ LOT 1 GRAND SUMMARY OF BILLS OF QUANTITIES FOR ROADS AND ASSOCIATED DRAINS BILL DESCRIPTION AMOUNT (KES) NO. 1 PRELIMINARY AND SUPERVISORY SERVICES 130,572,000.00 4 SITE CLEARANCE AND TOP SOIL STRIPPING 14,519,777.57 5 EARTHWORKS 96,429,607.88 8 CULVERT AND DRAINAGE WORKS FOR ROADS 354,452,269.26 9 PASSAGE OF TRAFFIC 26,426,384.00 12 HANDPACKED STONES FOR SUBBASE AND BASE 140,112,560.00 15 BITUMINOUS SURFACE TREATMENT AND SURFACE DRESSING 42,125,160.00 16 BITUMINOUS MIXES 170,209,856.25 20 ROAD FURNITURE 78,085,011.00 22 DAY WORKS 39,982,000.00 23 CONCRETE PAVING BLOCKS 54,252,100.00 25 HIV/AIDS AWARENESS CAMPAIGN 12,000,000.00 26 ROAD SAFETY AWARENESS CAMPAIGN 7,200,000.00 SUB TOTAL A 1,166,366,725.95 ALLOW 5% OF SUB TOTAL (A) ABOVE FOR PHYSICAL CONTINGENCIES 58,318,336.30 ADD 5% OF SUB TOTAL A ABOVE FOR VARIATION OF PRICE TO BE EXPENDED IN 58,318,336.30 WHOLE OR IN PART AS DIRECTED BY THE ENGINEER SUB TOTAL B 1,283,003,398.55 ADD 16% VAT 205,280,543.77 TOTAL CARRIED FORWARD TO FORM OF BID 1,488,283,942.31 135 LOT 2 GRAND SUMMARY OF BILLS OF QUANTITIES FOR LOT 2 : CONSTRUCTION OF FLOODLIGHTS BILL AMOUNT DESCRIPTION NO. (KSHS) 1 PRELIMINARY AND GENERAL ITEMS 9,150,000.00 2 CONSTRUCTION & INSTALLATION OF FLOODLIGHTS ( HIGH MASTS ) 56,984,000.00 SUB TOTAL A 66,134,000.00 ALLOW 7.5% FOR PHYSICAL CONTINGENCIES 4,960,050.00 ADD 7.5% FOR PRICE CONTINGENCY 4,960,050.00 SUB TOTAL B 76,054,100.00 Add 16% VAT 12,168,656.00 TOTAL CARRIED FORWARD TO FORM OF BID 88,222,756.00 136 LOT 3 KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT BILL NO. KIHOTO,KASARANI,KAMERE,KARAGITA NAIVASHA GRAND SUMMARY BILLS TOTAL BILL DESCRIPTION AMOUNT NO. Kshs. A PRELIMINARIES & GENERAL 14,850,000.00 B WATER SUPPLY - KASARANI 24,101,044.00 C WATER SUPPLY-KARAGITA 14,600,456.00 D WATER SUPPLY - KIHOTO 27,503,552.00 E WATER SUPPLY-KAMERE 23,153,070.00 F SEWERAGE - KAMERE 14,086,427.00 G SOLID WASTE - 4 SETTLEMENTS 16,186,903.60 H DAYWORKS 559,580.00 SUB TOTAL 1 104,208,122.00 ADD 7.5% OF SUB TOTAL 1 FOR PHYSICAL CONTINGENCIES 7,815,609.15 SUB TOTAL 2 112,023,731.15 ADD 7.5% OF SUB TOTAL 2 FOR PRICE CONTINGENCIES 8,401,779.84 LESS TAXES GRAND TOTAL CARRIED TO FORM OF TENDER 120,425,510.99 137 Appendix 2: Project Design Layouts 138 139 140 141 142 Appendix 3: List of public meeting attendance 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 Appendix 4: NEMA Licence for the lead firm (see next page) 161 162 Appendix 5: KISIP Consultancy Terms of Reference Terms of Reference for consultancy for Socio economic surveys, Infrastructure upgrading plans and Detailed Engineering Designs in Informal Settlements (Nairobi, Naivasha & Machakos) 1.0 Introduction The Government of Kenya has received a credit from International Development Association (IDA) towards the cost of the Kenya Informal Settlements Improvement Project (KISIP) and intends to apply part of the proceeds of this credit to procure consultancy for Socio economic surveys, Infrastructure upgrading plans and Engineering Designs in selected Informal Settlements in Nairobi, Naivasha & Machakos. The overall project development objective of the KISIP is to improve living conditions in informal settlements in selected municipalities in Kenya. This will be achieved by enhancing security of tenure and improving infrastructure based on plans developed in consultation with the community. This project will create and test a framework for systematic improvement and continued investments in slums, one that can reach all slums over the medium to long term. In addition to supporting improvements in the existing slum settlements, the project will support Ministry of Housing and local authorities in dealing with future inflow – that is, anticipated population growth and the associated need for additional land and housing –The project has the following four components: Component 1: Strengthening institutions and project management. This component will support institutional strengthening and capacity building of the Ministry of Housing, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: Enhancing tenure security. This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements. Component 3: Investing in infrastructure and service delivery. This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements. 163 Component 4: Planning for urban growth. This component will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. The project covers 15 municipalities namely: Embu, Eldoret, Garissa, Kakamega Kisumu, Kitui, Kericho, Machakos, Malindi, Mombasa, Nairobi, Naivasha, Nakuru, Nyeri and Thika. The infrastructure to be covered in the municipalities includes but is not limited to:  Unpaved and paved foot paths, bike paths, roads and vending platforms;  Street and security lighting;  Storm water drainage infrastructure and maintenance equipment,  Solid waste management and collection;  Water supply and sanitation infrastructure (some of this will be financed by ongoing projects supported by development partners, including World Bank and AFD);  Electrification (it is expected that most, if not all, of this infrastructure will be financed under the multi-donor supported Kenya Electricity Expansion Project); and  Open spaces and public parks. A first step in the provision and improvement of the above facilities in the selected informal settlements is to carry out socio economic surveys in targeted settlements, prepare preliminary upgrading plans and feasibility studies for proposed infrastructure investments, and, subsequently, prepare detailed designs and bidding documentation for the agreed infrastructure investment. The Ministry of Housing would therefore like to acquire the services of one consultancy firm/Consortium to undertake the work in different settlements, as specified below. 2.0 Objective of the Consultancy The key objective of this assignment is to prepare settlement upgrading plans for selected informal settlements. This involves three major tasks: (i) carry out a socio economic survey; (ii) in consultation with the community, prepare a preliminary settlement upgrading plan, including preliminary designs and feasibility studies for proposed infrastructure investments; and (iii) prepare a final upgrading plan as well as detailed engineering designs and bid documents for the agreed infrastructure investments. The consultant will work in close consultation with KISIP, respective municipal council, Water Service Boards, service providers and settlement executive committees (elected community representatives). The works must be consistent with government regulations and World Bank’s 164 safeguards policies, in particular, the agreed Environmental and Social Management Framework (ESMF), and Resettlement Policy Framework (RPF) applicable to the KISIP. The assignment will be divided in two phases: Phase 1 includes, for each settlement: a) Socioeconomic survey, b) Baseline indicators, c) Draft settlement upgrading plan, including preliminary designs and feasibility studies for the proposed infrastructure investments, including environment and social screening (per the Screening Form in the ESMF), d) Preliminary cost estimates, e) Economic analysis of proposed investments, and f) Preliminary consultations with communities Phase 2 includes, for each settlement: g) Detailed engineering design, h) Phasing plan for each municipality, i) Environmental Impact Assessment (EIA), j) Environmental Management Plans (EMPs), k) Resettlement Action Plans (RAPs), l) Operations and maintenance manual, m) Estimation of investment and operating cost, n) Bidding documents, and o) Evaluation assistance 3.0 Scope of Services The scope of work is limited to selected informal settlements in three Municipalities namely, Nairobi, Naivasha, and Machakos. In order to undertake this assignment, KISIP has prioritized informal settlements in the three municipalities, where processes are underway to facilitate infrastructure improvements. These processes include: (i) mobilization and organization of communities (with the support of local NGOs and CBOs); (ii) physical planning processes (either complete or underway); and/or (iii) clarification and/or regularization of land tenure issues in the settlement. The settlements in the list below are scheduled for implementation of infrastructure during year 1 and possibly year 2 of the project. In the remaining settlements that KISIP targets in the 15 participating municipalities, the implementation will take place during year 2 and 3 of the project. List of the settlements Naivasha i. Kihoto ii. Karagita iii. Kamere iv. Tarabete/Kasarani 165 Nairobi i. KCC (Embakasi) ii. Kayole Soweto Machakos i. Kariobangi ii. Swahili village 4.0 Specific Tasks The tasks to be carried out by the Consultants in each settlement will include: Phase 1: a) Undertake socioeconomic study. Specifically, the consultants will conduct a sample survey of resident households in each of the assigned settlements. The sample size will depend on population of residents in a given settlement, but is expected to be between 100-500 households for most settlements. The survey will cover various aspects, with an emphasis on household characteristics, tenure, and access to services. (A sample questionnaire is attached and will be finalized, based on a technical discussion, jointly by the consultant, MoH and the World Bank). b) Prepare a preliminary settlement upgrading plan, including proposed infrastructure. Examine feasibility of different infrastructure options, and recommend options that are more appropriate to the context, are cost-effective, and likely to be economically justifiable. c) In each settlement, conduct community level consultations to determine infrastructure investment priorities of residents. Due to budget limitation, the overall investment plan must be within the cost cap per hectare established by MoH. Residents will have to be explained why and how design decisions are being made based on the cost per hectare cap provided by MoH. Consultants will work with residents to identify, for example, which road and paths will be upgraded, and with what materials (taking into account the cost implications of alternative materials and standards). Residents have to agree with consultants on the final choice of investments and on design decisions. Consultants will refer to the Environment and Social Screening Form to determine the scope of the EIA, 166 nature and magnitude of environment and social issues, impacts, and applicability of GOK regulations and ensure that communities are aware of these. d) Prepare estimated cost based on the preliminary design and proposal for packaging of works contracts in consultation with MoH. e) Using data from the socio-economic survey and the preliminary settlement upgrading plan, prepare a baseline for the set of indicators in the Results Framework in the Project Appraisal Document, including an environment and socio-economic profile of the settlement. f) Overall, this phase will result in the preparation of a draft settlement upgrading plan (SUP), in close consultation with the community. This document should include an assessment of: (a) the technical feasibility of the upgrading plan and the proposed infrastructure options; (b) the socio-economic feasibility of upgrading in that settlement (e.g. impact of the ratio of owners to tenants in the settlement; whether the community is interested in the project; are there major land/tenure disputes; is the location acceptable etc); (c) the economic justification of investment; (d) nature and magnitude of environment and social issues pertaining to the identified activities. Phase 2: a) Develop detailed engineering design of prioritized infrastructure; these need to include investment specific EMPs prepared as a result of the EIA. Additionally the RAP would need to be prepared for the social impacts identified during the feasibility stage. The required census surveys and consultations should be carried out as part of RAP preparation as required. b) Prepare a phasing plan for implementation in each municipality. c) Prepare Environmental Impact Assessment (EIA) report for approval by NEMA. The report should contain (but not limited to) – environment and social baseline conditions, environment and social screening, environment and social impacts, analysis of alternatives (for investments), management and monitoring plans for identified impacts, institutional arrangements for implementation of management plans. Additionally, the results of the household surveys should include number of affected families, outcomes of consultations with affected groups (also covering environment aspect), inventory of affected structures and community facilities and details of affected land for various proposed investments. d) Develop Environmental Management Plans (EMPs) and guidelines, where applicable, to manage identified impacts; e) Prepare Resettlement Action Plans (RAPs) in accordance with the Environment and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF). The RAP should include baseline socio – economic characteristics of the affected 167 peoples, details of compensation assistance in line with the RPF provisions, details of alternative resettlement sites and livelihood restoration measures, and implementation mechanisms such as institutional arrangements, grievance redress mechanisms, assistance to vulnerable groups and monitoring and evaluation provisions. f) Prepare operations and maintenance manual of the facilities, including a Community Environment Management Plans (CEMP to be developed as guided by the ESMF). g) Prepare Engineers estimate /confidential cost estimates; the EMP and RAP costs need to be included in the cost estimates. h) Prepare Bidding Documents. The Bidding documents need to include construction stage elements of the EMP, specifying works to be carried out by the contractor. Guidelines to include EMPs in bidding and contract documents are provided in the ESMF i) Support KISIP in evaluation and preparation of evaluation report(s) for selection of contractors. 5.0 Outputs Phase 1: Draft Settlement Upgrading Plan which will include the following for each settlement:  Results of the socioeconomic survey (a standardized format will be made available to facilitate presentation).  Indicators: baseline (or pre-intervention) values; and (b) estimated values post- intervention (using the target indicators)  Report on priorities identified by the community and design decisions taken as a result of consultations with the stakeholders in the identified LAs and Settlements. The Report will include a section on outcomes of consultations per guidelines provided in the ESMF.  Preliminary design and cost estimate for the prioritized infrastructure  Report and presentation on proposal for design criteria and packaging of works contract; in consultation with MoH.  Environment and Social Screening Report Phase 2: Final Settlement Upgrading Plan for each settlement, which will include a final version of the socio-economic report and detailed design of prioritized infrastructure in the main report. The following should be included as annexes to the main report:  Operations and Maintenance manual(s) of the facilities  Environmental Impact Assessment (EIA) report for approval by NEMA; 168  Environmental Management Plans (EMPs); (inclusive of contract clauses to be included in the Bidding documents)  Resettlement Action Plan (RAPs);  Bidding Documents based on World Bank guidelines dated May 2004 revised October 2006 and May 2010 for procurement of works and goods;  Engineer’s estimate /confidential cost estimates; and  Bid Evaluation Report(s) for selection of contractors 6.0 Obligations of the Consultant The Consultant shall be responsible for the provision of all the necessary resources to carry out the services including appropriate qualified staff and shall make arrangements for the establishment of office, supporting office equipment and furniture, vehicles, accommodation, utilities, communications, insurance and any other required resources. 7.0 Duration and timing of services It is expected that the work will start shortly after the signing of the contract. For the two phases it is envisaged that the assignment will be completed within twelve (12) months from commencement date. The services will be carried out by a team consisting of around 6- 8 consultants for a minimum of 60 person-months. 8.0 Reporting requirements/deliverables The required reports are as summarized below: Reports Submittal Date after Contract Effective Date Phase 1 Inception Report Summarizing the consultant’s state of 2 Weeks mobilization, site meetings. Socioeconomic Report – inclusive of environment baseline 2 month Draft conceptual design based on consultations and costing report 4 months Environment and Social Screening Report Draft Settlement Upgrading Plan containing proposal for design 6 months Criteria and proposal for packaging of works Contract. 169 Phase 2: Environmental Impact Assessment report 7 months Final Detailed design report 8 months Resettlement Action Plan 9 months Operations and Maintenance Manuals – inclusive of CEMPs 10 months Final Settlement Upgrading Plan containing Bidding documents 11 months and Engineers estimate/Confidential cost estimates – including EMP and RAP costs Completion of the assignment incorporating MoH comments into 12 months the Final report 9.0 Clients Input The Client will provide to and collaborate with the Consultant in making available the following documents relevant to the assignment:  List of prioritised settlements (see attached preliminary list)  KISIP Project Appraisal Document (PAD)  Strategic Guidelines for Informal Settlements  ACP-EU project documents (complementary investment)  Available maps, Part Development Plans (PDPs) and data for the settlements  Resettlement Policy Framework  Environmental and Social Management Framework  Environmental Management and Coordination Act (EMCA) 1999  Report on cost cap per hectare for infrastructure investment in informal settlements The Client will also facilitate the Consultant’s access to Government departments and local authorities. 10.0 Institutional Arrangements Ministry of Housing is the Client for these services. The Permanent Secretary has appointed the Project Coordinator for KISIP to whom the Consultant will report on contractual matters. The KISIP Project Coordinator will also be responsible for all payments to the consultants once the work has been accepted and cleared for payment by the Component Leader for Component 3. 170 The Consultants will report on technical matters to the Component Leader for Component 3 for Phase 1 and 2, and will work as part of their team, ensuring the harmonization of work projects and the involvement of Government Officers wherever practical. The Consultant will liaise with the participating Local Authorities from the commencement of the services to completion. In particular, the consultant will involve the Local Authorities in the identification of the facilities, selection of priorities, adoption of the final designs and preparation of the Operations and Maintenance manuals. 171 Appendix 6: KISIP ESMF Generic mitigation measures for contractors Permits and licences (i) The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced/ adhered to; (ii) The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract and renew if so required. Site preparation phase Location of Contractor’s camp site Where the contractor will require setting up a site, the same shall be determined in collaboration with the RE taking into consideration the following: (i) Preferably to be located on land already cleared wherever possible; (ii) Not to be installed in the areas used as wildlife grazing areas or migratory corridors or in the area with more dense vegetation or densely settled areas; (iii) It should also avoid the areas, where the soil has higher erosion risk; (iv) The need to be more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (v) The local administration and the community representatives (CBO) shall be involved in the site location to avoid destruction of any ritual site or any other conflict; (vi) The Contractor’s Camp layout shall take into account availability of access for deliveries and services and any future works; (vii) The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub- contractors that may work on the project. Environmental Training and Awareness (i) The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the EMP; (ii) The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this EMP in his costs and programming; (iii) An initial environmental awareness training session shall be held by the LA prior to any work commencing on site, with the target audience being all project personnel; (iv) The training shall include but not limited to the following • Basic awareness and understanding of the key environmental features of the work site and environs; • Understanding the importance of and reasons why the environment must be protected; • Ways to minimise environmental impacts; • Relevant requirements of the EMP; • Prevention and handling of fire; • Health risks pertinent to the site, including prevention of communicable diseases; 172 • Awareness, prevention and minimisation of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases; • The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS, protection of wildlife and natural resources; • The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE. HIV/AIDS awareness and prevention campaign (i) The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst his workers for the duration of the contract, contracting an implementing organisation, with preference for an organisation already working on this issue in the project area; (ii) The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T- shirts and caps), availability of condoms (free), and theatre groups. Local Labour / Employment (i) Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work. Construction phase EMP management records Environmental management records shall be kept on site during the duration of construction and shall include the following: (i) The updated version of the EMP; (ii) All necessary permits and licences; (iii) All site specific plans prepared as part of the updated EMP; (iv) All written instructions and reports issued by the RE / Supervising Consultant; (v) A register of audit non-conformance reports and corrective actions; (vi) All related environmental, social, health and safety management registers and correspondence, including any complaints; (vii) All records shall be kept at site premises and maintained in a legible state for the full period of construction. Contractor’s Camp The Contractor shall implement the following as required: (i) A suitable storm-water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming; (ii) A suitable potable water supply; 173 (iii) Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities; (iv) Suitable sanitation facilities, adequate for the number of staff on site; (v) Facilities for cooking; (vi) Facilities for solid waste collection; (vii) Facilities for waste water management. The method for provision of these services will be approved by the RE. Water Supply The Contractor must adhere to water quality regulations and rules as described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Rules describe the following: (i) Water sources for domestic use; (ii) Sewage treatment; (iii) Ground water; (iv) Water for agricultural use; (v) Water for other uses; (vi) Schedules depicting standards. Abstractions from natural, municipal and/or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of MoR for the abstraction of water. Conservation of vegetation and protection of wildlife (i) Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed. Nor should any unauthorised planting of vegetation take place; (ii) The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc shall be encouraged; (iii) Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas. (iv) Trees should be trimmed rather than removed wherever possible; (v) The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources; (vi) There is a possibility of encountering wildlife during the construction works, these animals should be avoided and not perturbed; (vii) Wildlife poaching or game hunting is forbidden. Protection of watercourses (i) The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings; 174 (ii) Sedimentation from the construction works of perennial rivers and streams must be minimised; (iii) No construction materials shall be stockpiled within areas that are at risk of flooding; (iv) The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons; (v) All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean sand or larger particles. Silts and clays shall not be permitted in the fill; (vi) Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river; (vii) The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile; (viii) The Contractor shall preserve all riparian vegetation; (ix) The Contractor shall not pollute the watercourse through any construction activities. Planning Borrow Pits and Quarries Where required, all borrow pits sites shall be clearly indicated on a plan and approved by the RE. (i) The Contractor will be responsible for ensuring that appropriate authorisation to use the proposed borrows pits and quarries has been obtained before commencing activities; (ii) Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (iii) The Contractor shall give 14 days’ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries; (iv) The Contractor shall prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimise the risk of erosion. Construction and Operation of New Borrow Pits and Quarries (i) Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete; (ii) Storm-water and groundwater controls shall be implemented to prevent runoff entering streams and the slumping of soil from hillside above; (iii) The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil. Blasting (i) If blasting is required, the Contractor will be responsible for obtaining a current and valid authorisation from the Department of Mines and Geology prior to any blasting activity. A copy of this authorisation 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); 175 (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; (vii) The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover. Asphalt, Bitumen and Paving The site of the asphalt plant shall be selected and maintained according to the following basic criteria: (i) The plant shall be situated on flat ground; (ii) Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site; (iii) Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances; (iv) The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff; (v) The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE; (vi) Well-trained staff shall be responsible for plant workings. (vii) Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water; (viii) An area should be clearly marked for vehicle access; (ix) Drums/tanks shall be safely and securely stored; (x) Materials requiring disposal shall be disposed of at an appropriate waste facility. Cement/Concrete Batching (i) Where required, a Concrete batching plant shall be located more than 20m from the nearest stream/river channel; (ii) Topsoil shall be removed from the batching plant site and stockpiled; (iii) Concrete shall not be mixed directly on the ground; (iv) The concrete batching works shall be kept neat and clean at all times; (v) Contaminated storm-water and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away; (vi) Unused cement bags are to be stored so as not to be effected by rain or runoff events; (vii) Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via windblown dust); 176 (viii) Concrete transportation shall not result in spillage; (ix) Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment; (x) Suitable screening and containment shall be in place to prevent windblown contamination associated with any bulk cement silos, loading and batching; (xi) Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site; (xii) All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable; (xiii) All excess aggregate and sand shall also be removed; (xiv) After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed. Air and dust emissions Air emissions from construction machinery, including dust, is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimised. The Contractor shall be responsible for the control of air emissions and dust arising from his operations and activities. (i) Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications; (ii) Asphalt plants and concrete batching plants shall be well sealed and equipped with a dust removal device; (iii) Workers shall be trained on dust minimisation techniques; (iv) The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible; (v) The contractor shall not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road; (vi) Water sprays shall be used on all earthworks areas within 200 metres of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE; (vii) Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; (viii) Vehicle speeds shall be limited to minimise the generation of dust on site and on diversion and access roads; (ix) Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO. Disruption of Access to Property 177 Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption. Spoil Sites Where the Contractor is required to spoil material, environmentally acceptable spoil sites must be identified and approved by the RE and EO, taking into consideration the following: (i) Preferably to be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict; (ii) The need to be more than 20 meters from watercourses and in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (iii) The development and rehabilitation of spoil areas shall include the following activities: (iv) Stripping and stockpiling of topsoil; (v) Removal (to a nominal depth of 500mm) and stockpiling of subsoil; (vi) Placement of spoil material. (vii) Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site; (viii) Placement of excavated subsoil and then topsoil over spoil material; (ix) Contouring and re-vegetation; (x) The Contractor shall ensure that the placement of spoil is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas. Noise Control (i) The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas; (ii) Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE; (iii) Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE; (iv) The Contractor must adhere to Noise Prevention and Control Rules of April 2005. Storm-water Management and Erosion Control The Contractor shall take reasonable measures to control storm water and the erosive effects. During construction the Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works as soon as possible and by taking measures to prevent the surface water from being concentrated in drainage channels or streams and from scouring slopes, banks or other areas. Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include: (i) Areas stripped of topsoil; 178 (ii) Soil stockpiles; (iii) Spoil sites; (iv) Borrow pits; (v) Sites for bridges and drainage structures. On any areas where the risk of erosion is evident, special measures may be necessary to stabilise the areas and prevent erosion. These may include, but not be limited to: (i) Confining construction activities; (ii) Using cut off drains; (iii) Using mechanical cover or packing structures such as geofabric to stabilise steep slopes or hessian, gabions and mattress and retaining walls; (iv) Mulch or chip cover; (v) Constructing anti-erosion berms; (vi) The erosion prevention measures must be implemented to the satisfaction of the RE; (vii) Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO; (viii) The Contractor shall be liable for any damage to downstream property caused by the diversion of overland storm water flows. Equipment Maintenance and Storage (i) All vehicles and equipment shall be kept in good working order, are serviced regularly and stored in an area approved by the RE; (ii) Leaking equipment shall be repaired immediately or removed from the site; (iii) All washing of equipment shall be undertaken in the workshop or maintenance areas which shall be equipped with suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate/nitrate-type detergents; (iv) Rivers and streams shall not be used for washing of equipment and vehicles. Sanitation (i) The Contractor shall comply with all laws and any by-laws relating to public health and sanitation; (ii) All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over; (iii) The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE; (iv) All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE; (v) A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease; 179 (vi) The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal; (vii) The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses. Solid Waste Management The site is to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimise waste and develop a waste management plan to include the following:- (i) All personnel shall be instructed to dispose of all waste in a proper manner; (ii) At all places of work the contractor shall provide litter collection facilities; (iii) The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders; (iv) The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis; (v) Wherever possible, materials used or generated by construction shall be recycled; (vi) Provision for responsible management of any hazardous waste generated during the construction works. Wastewater and Contaminated Water Management (i) No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent watercourses and/or water bodies shall be permitted; (ii) Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills; (iii) The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies; (iv) Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered; (v) Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted; (vi) The Contractor shall notify the RE of any pollution incidents on site. Workshops Where practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop. (i) if it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities; (ii) The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities. The workshop shall be kept tidy at all times and shall have the following as a minimum: (i) A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage; 180 (ii) The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil); (iii) Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors); (iv) The drip trays shall be inspected and emptied daily; (v) Drip trays shall be closely monitored during wet weather to ensure that they do not overflow. General Materials Handling, Use and Storage (i) All materials shall be stored within the Contractor’s camp unless otherwise approved by the RE; (ii) Stockpile areas shall be approved by the RE; (iii) All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE; (iv) The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required; (v) Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product; (vi) Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced; (vii) Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner; (viii) Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected. Fuels, Oils, Hazardous Substances and other Liquid Pollutants (i) Hazardous materials shall not be stored within 2 kilometres of the top water level of public water supply reservoirs; (ii) Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse; (iii) Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations; (iv) Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions; (v) Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; (vi) The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains; (vii) Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment; (viii) Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment; 181 Health, Safety and Security General Health and Safety (i) The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Occupational Health and Safety Act and the Factories and Other Places of Work Regulations; (ii) The Contractor shall provide a standard first aid kit at the site office; (iii) The Contractor shall ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases, particularly HIV/AIDS and how to prevent or minimise such risks; (iv) The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities; (v) All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected; (vi) Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions; (vii) No unauthorised firearms are permitted on site; (viii) The Contractor shall provide the appropriate Personal Protective Equipment for staff. Security Security shall be provided to guard against vandalism when the site is unattended. This includes: (i) Fencing of the tank compound with locks or other adequate security controls at the site; (ii) Locks on unattended dispensing hoses; (iii) Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans; (iv) Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles; (v) All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers; (vi) Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal; (vii) Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas. HIV/AIDS The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognising the limitations due to the short timeframe to 182 show behaviour change. The assessment will be supported by qualitative information from focus group discussions. Fire Prevention and Control (i) The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site; (ii) The Contractor shall ensure that there is basic fire-fighting equipment available on site; (iii) The Contractor shall supply all living quarters, site offices, kitchen areas, workshop areas, materials, stores and any other areas identified by the RE with tested and approved fire fighting equipment; (iv) Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires; (v) ‘Hot’ work activities shall be restricted to a site approved by the RE; Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include: (i) Workshop; (ii) Fuel storage areas; (iii) Any areas(e.g. park/forest areas) where vegetation or other material is such as to make liable the rapid spread of an initial flame; The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to: (i) Regular fire prevention talks and drills; (ii) Posting of regular reminders to staff; (iii) Any fires that occur shall be reported to the RE immediately and then to the relevant authorities; (iv) In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control; (v) Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire. Emergency Procedures The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to: (i) Accidents at the work place; (ii) Accidental fires; (iii) Accidental leaks and spillages; (iv) Vehicle and plant accidents; Specific to accidental leaks and spillages: (i) The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks; (ii) The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times; 183 184 APPENDIX 7: ENVIRONMENTAL AND SOCIAL SCREENING CHECKLIST Project/Site Screening Worksheet1 KISIP Roads, Drainage Security Lighting and Water Supply Investment Priorities in Naivasha Settlements. Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment Part A: Triggers to EMCA Applicability of Second Schedule YeS Applies to any structure of a OP 4.01 Project Level of EMCA scale not keeping with its surrounding Part B: Details of Site location Yes/No Description GoK/ WB Policies Proposed mitigations or applicable enhancements   185 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment  Is the site or proposed EMCA 1999, EIA Will be addressed during investment a protected or Lake Naivasha is a protected regulation 2003, the EIA stage. reserved site Provide area by international Ramsar Convention proximity in kms conventions. The area IUCN/LNRA  Biosphere Reserve surrounding the lake has (2005), WB  National park private game sanctuaries and Operational Policy, a riparian area under the OP 4.01,the 1992  Wildlife / Bird Sanctuary Yes over Lake Naivasha .Riparian United Nations  Wetland 1KM from Association (LNRA. There Framework  Important Bird Areas project sites. are no migratory routes, Convention on  Coastal area with corals mangrove, habitat of Climate Change  Mangrove areas (or Estuary migratory birds, areas with (UNFCCC), Rio with, mangroves) threatened species, protected Declaration-Agenda  Natural lakes areas, and national parks e.tc. 21, Millennium  Habitat of migratory birds in 1Km radius to the project Development Goals (outside protected areas) site. Construction of roads (MDGs),  Migratory Route of Wild and drainage facilities if not Animals/Birds mitigated will increase eutrophication and siltation  Area with threatened/ of the lake due to wash down rare/endangered fauna of soils into the Lake. (outside protected areas)  Area with threatened/rare/ endangered flora (outside protected areas)  Reserved/Protected Forest  Zoological Park /Botanical Garden  Are there vulnerable or NO There are no endangered endangered species (terrestrial species in the project sites or aquatic) in the area? and also in lake Naivasha 186 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment  Are there natural habitats in Yes L.NAIVASHA distance of EMCA 1999,WB the site? Or in its proximity over 1 kilometres is enough OP 4.01, buffer since the lower part of Convention on the project area into the lake Biological Diversity, is a fenced off area with EIA/EA private occupations and this Regulations, The will limit construction Environmental activities extending into the Management and Lake. The scale of Co- construction activities will ordination(Conserva have no impact on the tion of Biological natural habitats around the Diversity and lake Resources, Access to Genetic Resources and Benefit Sharing) Regulations,2005.  If there are natural habitats, No Within the four project sites are they fragile, unique, and there are no fragile limited in size? Are these ecosystems or protected world heritage / Ramsar sites areas.  Are there wetlands, areas of No None on the project sites saturated soils (permanent or temporary), or evidence of pending (cracks, high clay content in soils, dead vegetation, water marks)?  Is the site already degraded Yes Eroded land areas due to EMCA 1999, Water EIA stage (low groundwater, poor soil surface runoff on the upper Quality Regulations quality)? parts of the settlement. 2006, Water Act 2002,Public Health 187 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment Act, Agriculture Act  Are there steep slopes in the YES Kamere settlement has steep EMCA1999, Water proximity of the investment gradients posing a serious Quality Regulations site? erosion challenge 2006, Water Act 2002,Public Health Act, Agriculture Act  Do people live on the Yes The four project sites are Millennium proposed site? settlement areas with Development Goals populations as follows (MDGs) and 1. Kihoto 30,000 Sessional Paper No. 2. Karagita 20000 3 of 2009 on 3. Kamere 50000 National Land 4. Kasarani 45000. Policy  List existing land uses Yes residential, agriculture and Local government (ranching, farming)? business. Act,and Physical Planning Act. Land policy, Various Land Acts  Is there existing site access Yes Several service roads. Kenya Roads Act, (roads)? Policies Traffic Act and Physical Planning Act  Is the site vulnerable to NO  The area is surrounded Agriculture Act natural hazards (in floodplain, by passive volcanic areas near volcano, on seismic fault, forming hills and ranges near coastline in hurricane surrounding the four zone)? project sites.  Are there land title conflicts? NO There are no land title conflicts as most land owners 188 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment have their respective allotment letters and leaseholds  Are there known No  There are no archaeological, historical or archaeological, historical other cultural property? Are or cultural properties as any of these world heritage/ these are build up areas. UNESCO designated etc  Do indigenous peoples live on No  There are no indigenous or near the site? people living in the project sites Part C: Analysis of likely physical Impacts (i) Scope of proposed activities Will the investment generate an yes construction phase will EMCA, Waste IEA Stage,??? increase in solid wastes or generate significant quantities Management machine wastes (oil, etc)? of wastes Regulations of 2006,Public Health Act (ii) Water Resource Impacts Could the investment result in a No modification of groundwater levels by altering flows, paving surfaces or increasing water extraction? Could it affect groundwater No quality? Could it affect quality (through Yes if wastes are not handled Water Resources Actual impacts to be sediment, wastewater, storm properly, or soil exposed to Management determined during EIA discharge or solid waste) of erosive forces; it will end up Regulations, EMCA nearby surface waters (lake, in the nearby river Water Quality 189 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment rivers, and streams)? Regulations, Solid Waste Management Regulations Will it affect water quantity in YES runoff will increase the Agriculture Act As above nearby water bodies (lake, river, discharge into the lake. and stream)? Are there nearby potable water No sources that need to be protected? (iii) Ecosystem Impacts Could the investment affect Yes If soil erosion is not EMCA 1999, United natural habitats or areas of high controlled it would lead to Nations Convention ecological value? eutrophication and siltation on Biological of the lake. Diversity, Convention on Wetlands or Ramsar Convention, OP 4.04 Natural Habitats; Could it affect natural No characteristics of adjacent or nearby sites? Could it affect wildlife or natural No vegetation? (iv) Drainage Impacts Will the investment in storm Yes Through improved drainages OP 4.04Natural Magnitude of the impacts water drainage affect existing the project will improve the Habitats; to be determined during drainage patterns? existing drainage water and Convention on EIA subsequently drain into the Wetlands or Ramsar 190 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment lake.if erosion control Convention measures and strategies aren’t United Nations employed in the upper areas Convention on of Mirera the lake would be Biological Diversity, greatly eutrophied. EMCA 1999 and Agriculture Act Will it cause standing water, which No The project will improve could cause public health risks? drainage facilities in the four project sites. Will erosion result in sediment Yes If soil control measures are Convention on discharge to nearby water bodies? not adequately designed and Wetlands or Ramsar implemented it will affect the Convention nearby Lake Naivasha. United Nations Convention on Biological Diversity, EMCA 1999 and Agriculture Act Will surface drainage patterns be Yes The excavated sites in the Public Health Act affected in borrow pits and borrow ares if not and EMCA 199 quarries? rehabilitated will act as the runoff receptacle posing public health concerns. Will infiltration patterns be No The infiltration will not be affected? affected since the project seeks to enhance drainage and easement of storm water. Socio-economic impacts Will the project entail resettlement No The identified infrastructure of population? will be constructed on the existing alignment hence no need of further acquisition 191 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment except in areas requiring improvement of engineering aspects. Will the project affect indigenous No There are no indigenous peoples? people in the four project sites Will it limit access to natural No The project intends to resources to local populations? improve transportation and living conditions in the project area. Hence, the project will enhance access to resources Will it have an impact on land YES Expansion of residential Local Government To be determined during use? units into agricultural land. Act EIA Will it induce further YES Expansion of residential Local Government As above encroachment of nearby areas? units into agricultural land. Act. Will it cause any health impacts? Yes Project construction may Occupational, Safety cause varied occupational and health Act 2007. and health threats Will it disturb nearby communities yes Diversion of access roads, during construction? noise, air, dust pollution, disruption of service, constrains on local resources may occur during project construction Could cultural resources be No There are no cultural affected? resources in the four project areas Could it affect nearby properties? Yes demolition incase of Acts related to land EIA Stage encroachment into roads and wayleaves Act. reserves and acquisition for RPF 192 Criteria Yes/No Comments Other GoK/ WB Recommended scale of Policies applicable Environmental Assessment improvement of engineering aspects Part D Analysis of Resettlement Impacts Criteria Yes No Remarks/identified problems Acquisition of private land? √ This may occur but limited to certain areas where engineering aspects are to be improved. This will be determined at preliminary design stage. Alienation of any type of government land √ The project activities will not be start up projects but including that owned by urban local body? improvement of existing facilities in the four project area. Clearance of encroachment from .√ There are informal structures especially kiosks and government/ urban local body land? community water tanks constructed on the road corridor. This may cause community disharmony especially water tanks. Clearance of squatting from √ There are no occupations for residential purposes on the Government/Urban local body? proposed project sites except temporary grocery shops. But the local councils have identified designated markets for the traders. Number of structures, both authorized N/A To be determined at feasibility and design stage and/or unauthorized to be acquired/cleared? Number of household to be displaced? N/A But will be determined at EIA/ design stage if any arises. Details of village common properties to be N/A alienated, Pasture land(acres)cremation /burial ground and others specify? Describe existing land uses on and around YES The four project sites are residential areas for the residents the project area( e.g Community facilities, majority working in the nearby flower farms and others are agriculture, tourism, private property)? traders in the settlements. The lake Naivasha is the only community resource in the area. However the flower farms owned majorly by the multinationals are their sole source of livelihood. 193 Will the project result in construction √ the project concepts intends to source majority of the workers or other people moving into or labour and human resources from the settlement as a way of having access to the area (for a long period reversing the high unemployment rates. and in large numbers compared to permanent residents)? Are financial compensation measures √ The acquisitions on the areas requiring more land to expected to be needed? improve on the engineering aspect. Loss of Crops, fruit, household infrastructure and livelihood Criteria Yes No Remarks/identified problems Will the project result in the permanent or temporary loss of  Crops? √ There are no crop production in the four project sites as they are residential areas  Fruit trees/coconut palms? Specify √ There are no such trees on the four project sites. with numbers  Household infrastructure? Specify √ This will be identified after the preliminary with numbers engineering designs  Loss of agriculture land? specify √ The project sites are residential areas and no with numbers agricultural lands. Occupational health and safety, welfare , employment and gender Criteria Yes No Remarks/identified problems Is the project likely to provide local √ The local community will be prioritized where they employment opportunities, including merit. employment opportunities for women? Is the project being planned with sufficient √ . This is done so as to achieve Kenya Vision 2030 and attention to local poverty alleviation millennium Development Goals.the project will also objectives? provide employment to the locals at construction stage. Is the project being designed with sufficient √ A socio-economic survey was undertaken followed local participation of women in the by Focussed Group Discussion and various planning design and implementation consultation including consultation and Public process? participation during EIA. Historical, Archaeological, or cultural Heritage sites 194 Criteria Yes No Remarks/identified problems Based on available sources, consultation with local Authorities, local knowledge and/ or observation could the project alter? Historical heritage site(s) or require √ There are no historical heritage sites on the project excavation near the same? sites. Archaeological heritage site(s) or require √ There are no archaeological heritage sites in the four excavation near the same? settlements Cultural heritage site(s) or require √ Cultural heritage sites do not exist in the four project excavation near the same sites Graves or sacred locations or require √ There are no graves or sacred locations in the four excavation near the same? settlements as they are planned areas for human settlements. Part D (i) : Result/Outcome of Environmental/ Social and Resettlement Screening Exercise No Environment Impact Assessment Required Yes, Project level EIA required as the project falls under category B as per Environment Impact Assessment Required World Bank guidelines Environmental Assessment (OP 4.01). d OP4.12 category ( S1, S2, S3) S2 NO but will be determined at Draft design stage. An abbreviated RAP may be RAP category required required due to the acquisitions for improvement of engineering aspects. Any special conditions None Part E : Authorisation Signature..................... Screening undertaken by: .................. Designation............ Date.................................. Approved by... Signature..................... Designation................................... Date.................................. Signature..................... PMU Confirmation by: ......................................... Designation................. Date.................................. 195 Appendix 8: Photo Plate Public Meeting at Kamere Public Meeting at Karagita Public Meeting at Kasarani Consultative Meeting for Naivasha Settlement. 196 A dumping site in Kamere, a solid waste Eroded road in karagita management plan has been proposed. No sewerage in Kasarani Lack of drainage infrastructure at Kihoto. 197 APPENDIX 9: CHANCE FIND PROCEDURES Chance finds procedures should be incorporated into each sub-project EMP and civil works contracts. The following wording is proposed: 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 supervisory 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 finding 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 archaeological 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 198