ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT FOR THE PROPOSED SHORT TERM WATER WORKS AND OFFICE BLOCK FOR WAJIR WATER AND SEWERAGE COMPANY (WAJIWASCO). Drilling and equiping of four boreholes in lambib, main rising from lambib to wajir minor, 13km distribution network, construction of 1Nr elavated steel tank of 50M3 and construction of office block and laboratory at wajir minor. PROJECT: WATER AND SANITATION DEVELOPMENT PROJECT (WSDP) CREDIT NO: IDA-60300KE COUNTRY: REPUBLIC OF KENYA EMPLOYER: WAJIR WATER AND SEWERAGE COMPANY 3rd MARCH 2021 THE REPUBLIC OF Wajir Water & Coast Water works KENYA Sewerage Co. LTD. development agency (WAJWASCO) (CWWDA) MINISTRY OF WATER & SANITATION PROJECT NAME: WATER AND SANITATION SERVICE IMPROVEMENT PROJECT ADDITIONAL FINANCING (WASSIP - AF) CREDIT NO.: 51030 -KE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT PROJECT REPORT FOR WATER SUPPY IN LAMBIB, WAJIR COUNTY FOR CONSULTING SERVICES FOR PREPARATION OF ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORTS, RESETTLEMENT ACTION PLANS (RAPS) AND SOCIAL ASSESSMENTS FOR WSDP CONTRACTS Works carried out under CONTRACT No.: CWSB/WASSIP-AF/C/35/2016 Report Prepared by: Zamconsult Consulting Engineers Ltd MARCH 2021 ii ESIA EXECUTIVE SUMMARY Project Background and components The Government of Kenya (GoK) through the Ministry of Water and Sanitation (MWS), the Coast Water Works Development Agency (CWWDA), the Water Services Regulatory Board (WSREB), and several counties and WSPs in the coast and northeast regions, is implementing the Word Bank-financed Water and Sanitation Development Project (WSDP). Coast water works development agency (CWWDA) and Northern Water Works Development Agency (NWWDA) are independent parastatals (Government Owned and Autonomous) created under the Water Act, 2016 but established through separate Gazette Notices. They operate under the Parent Ministry of Water and Sanitation and in accordance with: The provisions and regulations of the Water Act, 2016, The State Corporation Act Cap 446, Other Relevant Provisions of the Laws of Kenya and Rules and Regulations given in form of circulars by the Parent Ministry and Ministry of Finance. The area of jurisdiction of NWWDA covers all the three counties of North Eastern region namely: Garissa, Wajir and Mandera, two counties from Eastern Province namely Isiolo and Marsabit and another two from the Rift Valley namely Laikipia and Samburu counties. The main economic activity in the region is Pastoralism. The communities also engage in other economic activities like crop farming, animal farming and trade. The NWWDA region has a population of about 4 million people as projected from the 2019 national census The seven counties and sub counties covered by Northern Water Works Development Agency are as tabulated below (Table 0-1) Table 0-1 Counties and Sub Counties in NWWDA Area S/No County Sub counties 1 Garissa County Garissa, Ijara, Daadab, Lagdera and Fafi 2 Wajir County Wajir South, Buna, Habaswein, Wajir East, Wajir North and Wajir West. 3 Mandera County Mandera East, Mandera South, Mandera North, Mandera West, Lafey and Banissa 4 Marsabit County Moyale, Marsabit central, Laisamis, Loyangalani, 5 Isiolo Isiolo, Garbatula and Merti 6 Samburu Samburu East, Samburu Central and Samburu North 7 Laikipia Laikipia East, Laikipia West, Laikipia North The project is located within Lambib sub – location, situated to the East of Wajir Town in Wajir County. The broad scope of the work is to carry out Environment and Social Impact Assessment for Wajir town water supply works. The works will involve: • Drilling of four(4Nr) new boreholes at Lambib project sites. • Equipping of the four (4Nr) boreholes in Lambib project sites • 100m3 elevated steel tanks at the Lambib site iii • Construction of a 13Km water distribution pipeline within Wajir Town • Rehabilitation of Wajir Minor Water supply • Provide solar power for the pumps at the four (4Nr) boreholes in Lambib. • Construction of 15 number of water kiosks in Wajir Town for water distribution. • Interconnect the new elevated tank into the distribution system • Construction of new office block for WAJWASCO - floor area approximately 1500m2 • Establish and equip a water quality monitoring Laboratory within the proposed office block • Supply and installation of solar PV power and other related borehole equipment. Further to the works which will serve Wajir town, the following are also proposed to serve the host Lambib community. However, a separate ESIA report will be prepared for them. These include: • Drilling of 1Nr borehole dedicated for the host Lambib community and also serve as a test drill borehole • Construction of 1Nr elevated steel tank of 50M3 • Construction of 6Nr water kiosks • Construction of 15Nr ecosan toilets for VMGs • Pipeline distribution network to the kiosks • Solar power system for the borehole • Fence for the borehole and other borehole equipment The works are based on the Government of Kenya regulations and the World Bank Safeguards Operational Policies and will comprise an assessment of positive and negative environmental and social impacts of the sub projects and preparation of an Environmental and Social Management Plan (ESMP). This report covers the Environmental and Social Impact Assessment (ESIA) for the 4Nr boreholes in Lambib, the reticulation network, the raising mains, the 15 Nr. water kiosks and the office cum laboratory block in Wajir Town. Objectives of Conducting the ESIA The purpose of the study is to identify environmental and social impacts associated with the Water Supply project for Wajir County. Identified impacts are then to be used to modify and improve design, ensure efficient resource use and inform decision making so as to avoid serious and irreversible damage to the environment. Furthermore, the study will be used to develop an appropriate Environmental and Social Management Plan (ESMP) for the project’s sustainable development. Study Methods The study approach and methodology adopted included screening to determine the extent of the project and desktop data search and analysis for the baseline bio-physical and social environmental parameters of the project area. The Consultant engaged on multi-faceted public consultation process which included ad hoc roadside interviews, household social and environmental surveys using structured questionnaires duly analysed and key informant interviews to institutions and lead agencies and public consultation meetings. Based on these findings and expert judgement, the consultant iv has compiled the projected social and environmental impacts (positive and negative) likely to emanate from proposed project activities and the Environmental and Social Management Plan (ESMP) which details how adverse impacts will be reduced or eliminated and by whom. The review of this ESIA is undertaken during the era of the Coronavirus disease (COVID- 19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on E&S issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. Need for the Project Wajir is a perennially water deficient county as it does not have any permanent surface or groundwater sources. It is sitting on a shallow aquifer which so far has been the major source of water for the town. The water is abstracted from the aquifer through shallow wells. Water is obtained from the uppermost pervious layer of the earth primarily through shallow wells. The majority of boreholes in Wajir area are privately owned and serve small commercial concerns mostly located within the town. This lack of access to clean water promotes the spread of disease since it forces the local communities to use unprotected water sources. Water borne diseases are therefore common, especially following rains when shallow wells get contaminated by surface runoff carrying pollutants from poorly maintained bucket toilets. The traditional division of roles means that it is primarily the women and children that search for and fetch water. This takes time away from vital tasks that include earning a living for the family and children missing out on school attendance and participation in education. The project’s primary objective is therefore to improve water supply and sanitation services in Wajir Town. This will be achieved through investing in water supply and sanitation infrastructure. The project will also improve services by strengthening institutional capacity in areas such as reducing non-revenue water, improving billing and revenue collection systems. Alternatives to the Project The primary consideration in the location of the boreholes was the hydrological studies done in the Wajir area. These indicated an abundance of water in Lambib, Lafaley, Leheley, Rifeith, Ganyure and Wagalla. All these sites were identified to have a high- water table. They are also located within a 15 km radius of Wajir town, making them feasible sources of water for the Town. v Lambib and Refeith were selected as ideal since their projected yield was larger than that of the other aforementioned areas. Legislative Framework for this Study The ESIA study preparation was guided by both national and international legal and policy instruments aimed at ensuring compliance with Environmental and Social Safeguards of the Kenyan Government and the World Bank. A summary of the instruments is presented below; Kenyan Government Policy Provisions (i) Kenyan Constitution 2010 (ii) Land Policy (iii) The National Environmental Action Plan (NEAP) (iv) Sessional paper No. 6 (1999) on environment and development (v) The National Gender and Development Policy Legal Provisions (i) Environmental Management and Coordination Act (EMCA),2015 and subsequent regulations (ii) The Land Act, 2012 (iii) The Community Land Act, 2016 (iv) Water Act, 2016 (v) Physical and Land Use Planning Act, 2019 (vi) The Public Health Act (vii) Occupational Health and Safety Act (OSHA 2007) (viii) HIV and AIDS Prevention and Control Act 2011 (ix) The Sexual Offences Act, 2006 (x) The Children Act, 2001 (xi) The County Government act, 2012 World Bank Safeguard Policies and Frameworks (i) World Bank OP 4.01 on Environment Assessment (ii) World Bank OP 4.04 on Natural Habitats (iii) World Bank OP 4.10 on Indigenous People (iv) World Bank OP 4.11 on Physical Cultural Resources (v) World Bank OP 4.12 on Involuntary Resettlement (vi) World Bank Access to Information Policy Baseline Environmental Setting Socioeconomic Environment According to the 2009 Population national population and housing census, Wajir Town had an estimated population of 82,800 people living in 12,689 households. From the 2019 census, the population of Wajir town stands at 90,116 people. Utilizing a 20-year vi period design horizon, the population is projected to rise to 153,557 and 220,829 in the years 2027 and 2037 respectively. Wajir town is the administrative and Commercial Centre of Wajir East Sub-County and has relatively high standards of social amenities compared to other parts of the county. There is also the Wajir county referral hospital with a bed capacity of around 30. This is complemented by two private clinics. Provision of health services is affected by the few health facilities available. The county has a total of 109 health facilities comprising of 10 level IV hospitals, 26 health centers, 46 dispensaries, three nursing homes and 24 private clinics. The doctor patient ratio is 1:132,000 which is very low comparing with the national ratio of 1:5,000. There are a number of primary and secondary schools, some boarding while others are day schools. There are 243 ECD centres with a total enrolment of 18,673 learners among whom 7,751 are girls and 10,922 boys. The teacher/pupil ratio is 1:77 and transition rate of 90 per cent. The Primary schools are 245 with a total enrolment of 67,187 pupils of which 40,864 are boys and 26,322 are girls. The total teacher population is 931and the teacher pupil ratio is 1:72 and primary school retention and transition rates are 51 per cent and 58 per cent respectively. From a sample group of 200 households distributed within the project area, 41% have attained primary school education, 24% have secondary school education and only 6% have attained a college education, while 29% are not educated. Wajir town is the major livestock market in the county and also the main source of livestock sector inputs. Small selling points have been established in all the market centers throughout the county mainly for local trade. Wajir is mainly inhabited by people of Somali origin. Major clans living in the county are the Hawiya and the Darod. The Hawiya consist of four sub-clans namely Ajuran, Degodia, Murale and Hawadle while the Darod consist of the Ogaden Sub-clan. Other ethnic groups including other Somali clans and sub-clans exist in small numbers. Clans into which the locals separate themselves include: Degodia, Ajuran, Ogaden, and Masare. Clannism is a factor to consider in development planning and distribution of resources. Most of the conflicts experienced are related to sharing of resources especially water and pasture for livestock. (Wajir County, 2017). The Degodia and Ogaden community inhabit the Lambib area. Biophysical Environment Most of Wajir County is virtually level to gently undulating plains rising in altitude to the north where they are interrupted by isolated inselbergs or discontinuous hills and ridges of erosion-resistant rocks. The county is generally covered with young sedimentary rocks with loamy soils in the north bordering the Ethiopian highlands. The county has considerable deposits of limestone and sand which are used in the local building industry. Wajir has a warm steppe climate with many warm days. The region may experience periods with extreme dry spell and may record not a single drop of rain for months. On average, nights are 10 degrees Celsius colder than days. Chances of precipitation are vii highest in April. The annual average temperature is 29.3 degrees Celsius and the total annual Precipitation averages 373.6 mm. Wajir County has one seasonal river and lake namely Ewaso Nyiro River and Lake Yahud respectively. The county is prone to seasonal flooding during the rainy season. The county's seasonal swamps and drainage lines serve as grazing zones during the dry season as well as for cultivation during the rainy seasons. The selected site for the boreholes is flat. It is situated about 9km from the Isiolo – Mandera Road in Wajir. Lambib is accessible by gravel road. It is inhabited by a scattered population of Somali who use some of the land to grow fruit. Buildings in the area are primarily residential constructions of mud and sticks. Vegetation is scarce and scattered, consisting mainly of shrub, some of which is growing within the site. Wajir County has no gazetted forest but has 1.99 % woodland cover of Kenya's 6.99% forest cover. However, most of the vegetation cover is comprised of woody trees and shrubs used for grazing by domestic animals and wildlife. The dominant species is Acacia- Commiphora woodlands/trees which produces gums and resins that are only second to livestock in terms of supporting economic livelihoods in the county. In terms of wildlife, Wajir County is endowed with various game species like ostrich, hyenas, gazelles, lions, zebras, giraffes, warthogs, snakes and birds. At Lambib area, giraffes were noted browsing and birds hovering around. An overview of the water rest level (wrl) assessed in the study area shows the difference in the depth to access water. Areas within Wajir Town had a higher wrl as compared to Western parts of Wajir County. The shallow wells within and around Wajir Town had a wrl of up to 10m. Areas like Lambib, Wagalla, Rifeit among others had approximate wrl of less than 7m. The wrl in Wajir County range from 5m to 170m below the ground level with Discharge ranging between 3.0 and 30.0 cubic meters per hour. In the proposed project, the projected yield from 50m deep boreholes is 10m3/h for each borehole (4 Boreholes approximately 500m-800m apart). Expected Impacts Positive Impacts during Construction Stage The primary positive impact of the project during the construction phase will be the creation of employment opportunities for the local communities. This will have the effect of; • Creating employment for both skilled and unskilled labourers directly involved in the project. • Creating business opportunities especially for locals as most of them will be involved in small time trades such delivering food to site workers; • Acting as a source of livelihood for the community members/the youth who will be used to run the project; • Acting as a source of income for those supplying materials for the project. Positive Impacts during Operation Stage viii The Project will result to both direct and indirect benefits to the residents of the Project Area. These will include: ❖ Improved availability of water. This lead to o Reduction in workload for women as time will now be available to focus on other activities o Improved number and health of livestock o Improved children school attendance as a result of less time spent fetching water ❖ Provision of employment, for the people that will be managing and maintaining the 4No boreholes, 13km reticulation network, the office block and 15No water kiosks. ❖ Improved overall hygiene of the beneficiary communities as a result of improved access to clean water. This will lead to: o Reduced cases of waterborne diseases such as cholera, typhoid, amoeba and diarrhoea through provision of sanitation facilities due to improved hygiene. o Improved children school enrolment rate and reduced dropout occasioned by illnesses Risks to Vulnerable and Marginalized Groups The ESIA identified the following potential adverse Project impacts and risks to VMGs, as detailed in the tables below. In summary, these risks and mitigation measures include, inter alia: Impacts on Vulnerable and Marginalized Proposed Mitigation Measures Groups • Subsidize water bills to a • Non-affordability of Metered minimum flat rate for VMGs or if Water by VMGs feasible exempt VMGs from water • Difficulties connecting water to bills altogether VMG’s makeshift huts • Construct water kiosks in areas • Resistance to sharing water with around clusters of houses other clans • Construct water kiosks around • Elite capture of water supply schools so pupils can go home services with water rather than skip school • Rejection of outsiders working to fetch water for domestic use. with contractors but also influx. • Community • Loss of business around current sensitization/education water sources • Negotiations involving clan elders • Loss of land and vegetation and community leaders • Spread of HIV/AIDS • Revenue sharing with • GBV/SEA/ SH communities hosting water • Spread of COVID – 19 Pandemic sources through corporate social responsibility (CSR) activities. • Charge more for consumption of units above a certain minimum to discourage misuse of clean water ix • Locate the project components so as to avoid sensitive and culturally significant sites. If this cannot be avoided, negotiate with clan/bula elders and religious leaders to perform rituals for grave relocation. • Induction of outsiders on local customs and norms • Develop livestock watering points in the vicinity of redeveloped water sources • Develop market stalls next to redeveloped water sources to forestall business loss • Only perform project activities in designated land areas. • Signed agreement with community leaders to authorize access to community land for public use • Provision of Voluntary Counselling and Testing (VCT) Services in the construction sites including along pipelines • Engage respected community elders in the fight against gender- based violence • Funding women’s full participation in the project • Adherence to standard operating procedures (SOPs) for managing the spread of Covid-19 during project execution and observing laid down protocols by project staff during consultations among community members. x Negative Impacts and Mitigation Measures during Project Construction Period Table 0-2 Anticipated Negative Impacts during Construction and Proposed Mitigation Measures Impacts Mitigation Measures Summary Impact Trigger- site • Use protective clothing clearance, excavation works • Spray water on regularly used transportation routes, and, in the roads, leading to especially within settled areas the project sites. • All construction machinery shall be maintained and serviced Passage of increased number • Comply to the provisions of EMCA 2015 (Air Quality of vehicles during Regulations 2014) construction and use of • Construction vehicles to observe specified speed limits machinery within construction areas and settlements • Construction vehicles and other mobile equipment to be operated only by designated qualified personnel Impact Trigger – Pollution • Provide adequate waste handling and disposal from Civil Works facilities. • Final waste disposal to be done through NEMA and Project activities that County government licensed waste handlers at generate debris, domestic approved disposal sites; and human waste, timber, • No burning of wastes shall be done on site stones, rock, metals, paper, plastics, etc. • Ensure fuels, oils, lubricants and chemicals are stored in impermeable containers, with secondary containment and away from surface drains • Ensure spill kits are provided at the construction sites • Ensure that the machines are serviced in specific purpose-built locations off-site Site Related Oil Spills • All vehicles and equipment should be kept in good Spills resulting from working order, serviced regularly construction equipment and • Ensure spill kits are provided at the construction sites storage • Ensure fuels, oils, lubricants and chemicals are stored in impermeable containers with secondary containment and away from surface drains • ensure that the employees on site are aware of the xi Impacts Mitigation Measures Summary company procedures for dealing with spills and leaks e.g., using dispersants or adding biological agents to speed up the oil breakdown Soil-Related Impacts • Valuable top soil should be excavated separately and Soil contamination resulting piled in an adequate manner for re-use where from oil and other waste, and applicable. the disturbance of the • Plan emergency response measures in case of natural soil structure accidental oil spills. • Drainage channels with stone pitching or holding ponds can be employed in places identified as having a high risk of runoff • Trees will be planted on the site after construction • In areas prone to erosion, provision of soil stabilization in form of a planting of trees • Clearly demarcate the access routes to be used by vehicles xii Impacts Mitigation Measures Summary Impacts on Existing Water • Storage sites for hazardous materials to identify the Resources materials stored inside, and be restricted to authorised personnel and vehicles. Contamination, interruption • Have spill kits on site and diversion of the flow of • Ensure that the machines are serviced in specific seasonal rivers due to locations off-site construction works and • Ensure proper measures are in place for collection and depletion of water in shallow disposal of spilled oils and lubricants. aquifer due to puncturing • Ensure boreholes are properly cased during drilling Noise pollution • Night time's uses of certain noisy machines will be regulated. Noise generation and • Ensure use of non-mechanized construction, where vibrations in an otherwise feasible, to reduce the use of machinery quiet environment from • Positioning Powered Mechanical Equipment (PME) so construction machinery and that noise is directed away from sensitive areas; activities could adversely • Contractor to prepare a Health Management Plan affect the local people and (HMP) detailing means to protect site workers and animals. community from excessive noise and vibrations • Special care should be taken when construction is taking place near sensitive receptors such as residential estates, schools and hospitals. • Heavy vehicles should not be used at night across populated areas. • Workers exposed to noisy environment shall be provided with right PPEs, ear plugs/muffs, to reduce associated health risks Impacts on Flora and Fauna • Empty containers and other waste to be managed carefully. Disruption of the natural • Promoting non-mechanized methods of construction habits of local animals due to whenever possible noise and vibrations, and the • Spare the vegetation that must not necessarily be cutting down of trees to removed such as trees and shrubs through allow for the construction demarcation of work areas • Re-plant the indigenous vegetation as much as possible once civil works is completed. • The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks • Worker’s code of conduct to prohibit any form or illegal hunting and persecution of encountered animals • Construction drivers to observe speed limits on site to xiii Impacts Mitigation Measures Summary avoid potential accidents involving wildlife Public & Occupational Safety • Draft operational manuals such as a Health and Safety and Health Plan (HASP) for both civil and electromechanical work in line with OSHA 2007 Occupational risks due to • The contractor should prepare a code of conduct for handling of machinery, his/her staff incorporating safety and health construction material and responsibilities noise, electromechanical • Appoint a trained health and safety team for the works. duration of the construction work. • Provide First Aid Kit and ensure availability of trained first aider(s) within the construction site. • Posting of clear and prominent warning signage at appropriate potential points of entry to hazardous areas. • Keep verifiable records of all accidents, incidences and corrective actions taken. • Ensure alcohol free work force. • Spread awareness to curb vandalism of safety equipment and other installations. • Installation of barriers like fences around active sites and other locations. • Ensure that all construction machines and equipment are in good working conditions. • Provide workers with appropriate personal protective equipment (PPE). • The workers should receive requisite training especially on the operation of the machinery and equipment. Equipment to be operated only by duly qualified and authorised personnel • Construction vehicle and equipment drivers to observe speed limits within settlements and construction sites and ensure adherence to all traffic rules • Lengths of open trenches at any moment should be kept to a minimum that can be worked on and backfilled within a short period to reduce public exposure • Work to minimize or altogether eliminate mosquito breeding sites. • Provide adequate appropriate human and solid waste disposal facilities e.g., Toilets and dustbins. xiv Impacts Mitigation Measures Summary Spread of communicable • Sensitize workers and the surrounding communities diseases, STIs and HIV/AIDS on awareness, prevention and management of HIV/AIDS and sexual health and rights through staff training, awareness campaigns, multimedia and workshops or during community Barazas. • Use existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members • Ensure safety of women and girls in provision of VCT services. • The contractor should provide quality condoms to personnel on site. • Access to the contractor’s camps by outsiders should be strictly controlled. Spread of COVID-19. During • The Contractors will develop standard operating construction, procedures (SOPs) for managing the spread of Covid- 19 during project execution and submit them for the approval of the Supervision Engineer and the Client, before mobilizing to site. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions; • Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; • Avoid concentrating more than 15 workers at one location. Where two or more persons are gathered, maintain social distancing of at least 2 meters; • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for Covid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; Social Impacts • Electronic means of consulting stakeholders and holding meetings, shall be encouraged, whenever feasible. One-on-one engagements for the PAPs while Spread of COVID-19 amongst observing social distance and adhering to PPE wearing xv Impacts Mitigation Measures Summary community members during shall be enforced; consultation processes • Avoid concentrating more than 15 community members at a venue. Where two or more participants are gathered, maintain social distancing of at least 2 meters (6 feet); • The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people and stakeholders they intend to meet. • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. • Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Damage to private property • The Contractor to repair any damage done to private property. Construction activities may • The contractor should prepare a code of conduct and lead to accidents that lead to ensure that it is followed by his/her staff at all times damaged private property such as cars, fences, houses, bicycles, Crime Management • Fencing off the storage sites for the contractor’s equipment and materials. • Working with local committees to provide security within the site in addition to the Contractor’s own security. • Removing any employee who persists in any misconduct • Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel • Prohibiting alcohol, drugs, arms, and ammunition on xvi Impacts Mitigation Measures Summary the worksite • The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees to the police Child Labour and Protection • Ensure no children are employed on site in accordance with national labour laws. This can be done through incorporating prohibitive provisions in the code of conduct and also having the recruitment policies that prohibits child labour. • Ensure that any child sexual relations offenses among contractors' workers are promptly reported to the police. Effects of Immigrant workers • Contractor should use the local workforce as much as possible (preference to local community members on skills locally available). • Effective community engagement and strong grievance mechanisms on matters related to labour • All workers to sign an employment contract including a Code of Conduct governing appropriate behaviour • The workforce should be sensitized to local social and cultural practices and be educated on the expected behaviour and conduct • Contractor should prepare and enforce a No Sexual Harassment and Non-Discrimination Policy • Contractor should prepare and implement a gender action plan Sexual exploitation and • Develop and implement an SEA action plan with an abuse (SEA) Accountability and Response Framework as part of the Contractor’s ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender-based Violence in Investment Project Financing. • The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting xvii Impacts Mitigation Measures Summary mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; • Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. Gender-based violence at • The contractor will implement provisions that ensure that community level gender-based violence at the community level is not triggered by the Project, including: o effective and on-going community engagement and consultation, particularly with women and girls; o review of specific project components that are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Gender Equity, Sexual • The contractor should prepare and enforce a No Harassment and abuse Sexual Harassment and Non-Discrimination Policy amongst workers in the • The contractor should strive for an equitable workplace distribution of employment opportunities between men and women. xviii Impacts Mitigation Measures Summary • Provision of gender disaggregated bathing, changing, sanitation facilities • Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action • The employees should be trained and sensitised on appropriate behaviour Negative Impacts and Mitigation Measures during Project Operation Period Impact Mitigation measures Impacts on Aquifer Water • Sensitize and educate the beneficiaries on the need to Availability conserve water and promote best practices in the use of Suppression of aquifer water water. levels due to excessive • Ensure optimum maintenance of the water supply pumping system components including pipelines, valves and consumer taps • Ensure that the proposed boreholes are located a safe distance from existing boreholes and approval obtained from WRA • Water quality should be checked at key times of the year for bacteriological and chemical contamination • Boreholes discharge rates should be regularly monitored and records maintained as per WRA requirements Impacts related to the • Alternative sources of energy e.g. solar energy to power operation of the pump room the generators should be used instead of diesel. • All chemicals and lubricants should be stored in appropriate containers and equipment serviced by experienced personnel. • The generators should be installed on impermeable concrete surfaces to prevent seepage of spilled liquids into the soil below and provided with secondary containment for its fuel. • Trees native to the area should be planted around the boreholes. Change in Settlement Patterns • WAJWASCO should liaise with the County government to control developments in the area and ensure provision of adequate services. Spread of water borne • Waste water drainage channel be constructed to lead diseases and increase in water away from the water points and water kiosks. mosquito breeding sites • Boreholes, reticulation pipes, water kiosks and tanks should be maintained regularly • Waste water management in the beneficiary areas should be enhanced so as to reduce risk of xix contamination of ground water and to reduce spread of disease. Safety and health hazards • Provide standard operation manual inclusive of Health associated with operation and and Safety Plan (HASP) for all project operation and maintenance maintenance activities. • Provide workers with appropriate personal protective equipment (PPE). • Provide First Aid Kit within the work stations. • Posting of clear and prominent warning signage at appropriate locations with hazardous materials and maintaining Material Data Sheets. • Keep verifiable records of all accidents, incidences and corrective actions taken, in line with OSHA 2007. Cumulative Impacts and Mitigation Measures during Project Operation Period Impacts associated with aquifer • Water quality should be checked at key times of the water availability year for bacteriological and chemical contamination • Intrusion of salt water in accordance with national guidelines • Pollution induced by maintenance of other boreholes • Land subsidence • Deterioration of water quality Environmental and Social Assessment Findings The project has net positive impact – mainly on the health of the beneficiaries through the supply of adequate quantities of clean water. The negative impacts are minimal and are concentrated in the construction phase which is temporary. The negative impacts identified in this ESIA during all the phases of the project including waste generation, air pollution, noise pollution, occupational health and safety impacts, community health and safety impacts, traffic, immigration of workers and gender risks will be limited to the specific project location and can be mitigated through the measures proposed in the ESMP as well as the preparation and implementation of safeguard policies. Other plans to aid the safe project implementation can be included as the project continues. Impacts resulting from the operation of the project were associated with excessive abstraction of water. These can be rectified through appropriate licensing of boreholes and borehole operators and supervision of the water levels in the aquifer. The project will not trigger resettlement. The boreholes will be situated within community land. The community has granted consent for use of the land by the xx proponent and a report on the Community land resolution and consent for land usage is attached in appendix F. The office block is located in public land that is owned by the County Government of Wajir as per the document attached in Appendix H. The reticulation network together with the raising mains are located on the public road reserves which have not been encroached. There are no structures or businesses in the proposed project areas and the land is not in use. There is therefore expected to be no compensation for the land or livelihood (economic displacement) as there is no encroachment along the pipeline routes as determined during the assessment conducted in the project site and outcome presented in the appendix I. Any other unexpected local community issues that may arise will be address through the implementation of a Grievance Redress Mechanism (GRM). This will have three levels, each populated with local administrative officials from the project area and professionals involved with the project. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves a project committee as well as the committee appointed for this role. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) This was prepared to reduce, minimize or altogether eliminate the adverse impacts. Positive impacts are project enhancements and do not require mitigation. The ESMP is fully described in chapter 8 of this report. The table below presents the identified environmental and social impacts, their mitigation measures and the party responsible for carrying out the mitigation measures, in summary. xxi Table 0-3: Environmental and Social Management Plan (ESMP) Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Pre- Loss of land The boreholes will be located outside residential WAJWASCO/County N/A construction/ livelihood within areas. This is largely community land. The government Planning the project sites community has granted consent for use of the land by the proponent. As such no compensation for the land taken up by the project will be required. The Community land resolution and consent for land usage permit report was done in consultation with the local population. The views of the local community have been incorporated in this ESIA report. Construction Air quality • Use protective clothing like dust masks on Contractor • Kshs 100,000.00 per site construction crew. to cater for dust masks for Resident Engineer • Construction sites and regularly used transportation the whole project period for routes will be water-sprayed on regularly. all site users. • All the vehicles and construction machinery should • Kshs 10,000 per site for be operated in compliance with relevant vehicle spraying water on roads emission standards. and excavated surfaces for • All construction machinery shall be maintained and dust control serviced • Contractor shall comply to the provisions of EMCA 2015 (Air Quality Regulations 2014); • All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Construction Solid and Liquid • Provide adequate waste disposal facilities. Contractor Kshs 75,000.00 per site to Waste • Ensure spill kits are provided at the construction cater for solid waste Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Generation sites Resident Engineer management such as colour • Ensure fuels, oils, lubricants and chemicals are coded bins (red-hazardous, stored are stored in impermeable containers and yellow-recyclable & green- away from surface drains organic); as well as sealed • Ensure that the machines are serviced in specific collection drums for used oil locations off-site. disposal. Kshs 50,000.00 per site to cater for the capital of acquiring dustbins to be used during the operation period of the project. Other costs to be included in the O&M Manual Construction Site related Oil • The Contractor should ensure that the employees Contractor •Kshs 100,000 per site to spills on site are aware of the company procedures for cater for accidental oil dealing with spills and leaks Resident Engineers spils and tests on soil to • All vehicles and equipment should be kept in good ensure compliance working order and serviced regularly • Ensure spill kits are provided at the construction sites • Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers and away from surface drains Construction Impacts on Soil • The valuable top soil should be excavated Contractor, Kshs 75,000 per site for separately and piled in an adequate manner for re- planting trees on the site Resident Engineer use where applicable. after completeion of the • Plan emergency response measures in case of works accidental oil spills. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxiii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • Use drainage channels lined with stone pitching in Other costs included in solid locations identified to have a high risk of runoff and liquid waste • After completion of the construction works, trees management and in site will be planted on the site. related oil spills • Clearly demarcate the access routes to be used by vehicles and machinery so as to minimise the affected areas. Construction Impacts on water • Areas dedicated for hazardous material storage shall Contractor Costs included in solid and sources provide spill containment and facilitate clean up liquid waste management Resident Engineer through measures in case of spills and in site related oil spills • Provide solid and liquid waste disposal system and a waste collection bin for each housing unit, workshop, plant, structural shelter. • Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers and away from surface drains • Ensure that the machines are serviced in specific locations off-site. • Ensure proper measures are in place for collection and disposal of spilled oils and lubricants. • Ensure proper management of boreholes so that the safe yield is not exceeded • Ensure boreholes are cased so that the aquifer suppling the water to the shallow wells does not get drained. • Reinstate any natural drainage affected by the project works, providing temporary drainage structures where necessary Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxiv Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Noise pollution • Construction activities to be scheduled carefully. Contractor No additional costs Night time's uses of certain noisy machines will be Resident Engineer regulated. • Where possible, ensure non mechanized WAJWASCO construction to reduce the use of machinery • Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; • Contractor to prepare, for approval by WAJWASCO, a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations • Special care should be taken when construction is taking place near sensitive receptors. • To the extent possible, heavy vehicles should not be used at night across populated areas. • Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. • Workers exposed to noisy environment shall be provided with right PPEs, ear plugs/muffs, to reduce associated health risks Construction Impacts on flora • Empty containers and other waste to be managed Contractor Costs included in solid and and fauna carefully to avoid attracting and exposing animals to liquid waste management, Resident Engineer possible poisoning. site related oil spills and in • Promoting non-mechanized methods of impacts on soil construction whenever possible • Spare the vegetation that must not necessarily be removed such as trees and shrubs. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxv Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • Re-plant the indigenous vegetation once work is completed. • The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks Construction Impacts on • Draft operational manual such as a Health and Contractor Toolbox meetings and public health and Safety Plan (HASP) for both civil and awareness trainings shall be Resident Engineer safety electromechanical. included in the safety • The contractor should prepare a code of conduct for WAJWASCO trainings. his/her staff and ensure that it is followed to 900,000.00 for personal prevent accidents protective equipment for • Appoint a trained health and safety team for the 100 pieces at an average of duration of the construction work. 9,000.00 per person broken • Provide First Aid Kit within and ensure availability down as follows: safety of a trained first aider (s) at the construction site boots – 4,000.00; Helmet – throughout the implementation period. 1000.00; Reflector jackets – • Posting of clear and prominent warning signage at 400.00; Gloves – 600.00; appropriate potential points of entry to hazardous Overalls – 3,000.00. areas. • Keep verifiable records of all accidents, incidences Other costs included in and corrective actions taken. impacts on air quality. • Ensure alcohol free work force. • Spread awareness to curb vandalism of safety equipment and other installations. • Installation of barriers like fences around active sites and other locations to prevent access to facilities by unauthorized persons. • Ensure that all construction machines and Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxvi Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. • Provide workers with appropriate personal protective equipment (PPE). • The workers should receive requisite training especially on the operation of the machinery and equipment. • Work to minimize or altogether eliminate mosquito breeding sites. • Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. Construction HIV & AIDS • In conjunction with County Health Officers, sensitize Contractor Kshs 400,000.00 to cater Impacts together workers and the surrounding communities on for a comprehensive Resident Engineer with STIs awareness, prevention and management of awareness program HIV/AIDS. WAJWASCO including VCT services and • Use of existing clinics to provide VCT services to provision for ARVs construction crew The County Government throughout the project • The contractor should provide quality condoms to period. personnel on site. Kshs 50,000.00 for the • Access to the contractor’s camps by outsiders provision of condoms in site should be strictly controlled. toilets and contractor’s residential areas • The Contractors will develop a SOPs for Contractor managing the spread of Covid-19 during Construction Spread of COVID- Resident Engineer Toolbox meetings and project execution and submit them for the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxvii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact 19 amongst approval of the Supervision Engineer and WAJWASCO awareness trainings shall be workers the Client before mobilization. The SOPs included in the safety The County Government shall be in line with the World Bank trainings. guidance on COVID-19, Ministry of Health 1,000,000.00 for personal Directives and site-specific project protective equipment for conditions; 100 pieces at an average of • Mandatory provision and use of 10,000.00 per person. appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including • Avoid concentrating of more than 15 persons or workers at one location. Where two or more persons are gathered, maintain social distancing at least 2 meters All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for covid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxviii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact routinely including wiping of workstations, door knobs, hand rails etc; Construction Spread of COVID- • Electronic means of consulting stakeholders Contractor 19 during and, holding meetings, whenever possible, Resident Engineer 500,000 community shall be encouraged whenever feasible. One consultations. on one engagements for the PAPs while WAJWASCO observing social distance and adhering to The County Government of PPE wearing shall be enforced; Wajir • Avoid concentrating of more than 15 community members at one location. Communications Expert/ Where more than one person are gathered, Stakeholder engagement maintain social distancing at least 2 meters Expert • The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to allow participants to provide feedback and suggestions. • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxix Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. • Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants Construction Gender-based WAJWASCO A lumpsum of Khs 500,000 violence at • The contractor will implement provisions that The County Government community ensure that gender-based violence at the community level is not triggered by the Project, Contractor level including: Resident Engineer o effective and on-going community engagement and sensitization, particularly GBV Specialist with women and girls; Local CBO/NGO o review of specific project components that are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender- equitable approaches to employment, Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxx Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact representation, management etc The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Construction Sexual WAJWASCO A lumpsum of Kshs 500,000 exploitation and • Develop and implement an SEA action plan The County Government abuse. with an Accountability and Response Framework as part of the ESMP. The SEA Contractor action plan will follow guidance on the World Resident Engineer Bank’s Good Practice Note for Addressing Gender-based Violence in Investment Project GBV Specialist Financing. Local CBO/NGO • The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor- centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxi Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community- level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; • Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact trained community liaison officers. Construction Damage to • The Contractor to repair any damage done to Contractor No additional Costs. private property private property. Compensation to be Resident Engineer • The contractor should prepare a code of conduct determined when it and ensure that it is followed by his/her staff at all happens. times Construction Crime • Fencing off the storage sites for the contractor’s Contractor No additional cost management equipment and materials. Resident Engineer • Working with local committees to provide security within the site in addition to the Contractor’s own Local Administration security. • Removing any employee who persists in any misconduct or lack of care. • Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel. • Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. • The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees to the police and undertake the necessary follow-up. Construction Child Labour and • Ensure no children are employed on site in The contractor No additional costs Protection accordance with national labour laws. The Resident Engineer • Ensure that any child sexual relations offenses among contractors' workers are promptly reported Local Administrtion Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxiii Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact to the police. Construction Effects of • Contractor should use the local workforce as much Contractor Kshs 20,000 per site for the Immigrant as possible. Depending on the size and the skill level installation of safety signs Resident Engineer workers of the local workforce, a share of the workers around the construction required for the project may be recruited locally. Local Administration • Effective community engagement and strong grievance mechanisms on matters related to labour • All workers to sign an employment contract including a Code of Conduct governing appropriate behaviour in the accommodation facilities. • The workforce should be sensitized to local social and cultural practices and be educated on the expected behaviour and conduct • Prepare and enforce a No Sexual Harassment and Non-Discrimination Policy. • Ensure that the grievance redress mechanisms are adhered to. • Have a social/environmental specialist in the supervision consultant’s team with GBV specific skills. • Clearly define the GBV requirements and expectations in the bid documents • Have separate, safe and easily accessible facilities for women and men working on the site and in the residential accommodations. • Display signs around the project that signal to workers and the community that the project site is an area where GBV is prohibited. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxiv Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Gender Equity • Prepare and enforce a No Sexual Harassment and Contractor Kshs 200,000.00 to cater and Sexual Non-Discrimination Policy, in accordance with for hiring male and female Local Administration Harassment and national law where applicable. mobile toilets at the abuse. • Strive for an equitable distribution of employment WAJWASCO contractor’s camp. opportunities between men and women. Mainstream Gender Inclusivity in hiring of workers as required by Gender Policy 2011 and 2/3 gender rule should be enforced; • Provision of gender disaggregated bathing, changing, sanitation facilities • Ensure the contractor follows the Grievance Redress Mechanism • Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action • The employees should be trained and sensitised on appropriate behaviour on the construction site and within the residences Operation Impacts on • Policies should be set in place to regulate the drilling WAJWASCO/resident At least 5 meetings to be aquifer water and abstraction of water in the area. There should engine er/contractor and held to train the people of availability be a limit to the number of additional boreholes that WRA Wajir on the use, misuse and can be drilled and on the amount of water that can wastage of water. Cost per be abstracted from any one borehole. meeting, Kshs 50,000.00 • Licensing should be implemented and monitoring put in place to ensure that people are adhering to Kshs 50,000.00 per site for the rules set in place. testing of water quality • WAJWASCO personnel should be trained on their testing roles and responsibilities. The right personnel should be equipped with the right equipment so as Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxv Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact to ensure a quality supervision of project facilities. • Sensitize and educate the beneficiaries on the need to conserve water and promote best practices in the use of water. • Ensure optimum maintenance of the water supply system components including pipelines, valves and consumer taps • Ensure that the proposed boreholes are located a safe distance from existing boreholes. • Water quality should be checked at key times of the year for bacteriological and chemical contamination in accordance with national guidelines Operation Impacts ▪ Solar energy should be the primary source of WAJWASCO Costs included in impacts associated with power with the generators being used as an of soil pump room emergency power source. operation ▪ All chemicals and lubricants should be stored in appropriate containers and equipment serviced by experienced personnel. ▪ The generators should be installed on impermeable concrete surfaces to prevent seepage of spilled liquids into the soil below. ▪ Trees native to the area should be planted around the boreholes to help cut down on noise and air pollution Operation Mosquito ▪ Waste water drainage channel be constructed WAJWASCO Kshs 20,000.00 per water breeding and to lead water away from the water points and site for the construction of disease water kiosks. drains to prevent pooling transmission ▪ Boreholes, reticulation pipes, water kiosks and of water tanks should be maintained continuously Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxvi Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact ▪ Waste water management in the beneficiary areas should be enhanced so as to reduce risk of contamination of ground water. Operation Safety and health ▪ The risk of exposure of chemicals will be WAJWASCO WAJWASCO operation hazards minimized by having adequate storage facilities cost for the chemicals and by providing appropriate safety equipment at the workers ▪ Detailed instructions on use and precaution measures shall be available in a comprehensive Operation and Maintenance (O&M) Manual to be prepared and submitted to WAJWASCO on completion of the Works; ▪ Provide material data sheets for all chemicals used at the treatment plant and undertake continuous staff training on safety and health, in line with OSHA, 2007; ▪ Formulate and implant occupational safety and health plan for all the project the O&M activities; ▪ Undertake annual safety and health audits in line with OSHA,2007. The estimated cost for implementing the ESMP during construction and operation is Kshs. 6,800,000.00 (Kenya Shillings Six million, eight hundred thousand). Excluding Construction ESMP Costs, the cost of ESMP during operation will be Ksh 580,000. The ESMP operation costs will require annual budgeting. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxvii The project’s Bid Documents will incorporate the Provis ions of this ESMP. In addition, the Project Contract Document shall include provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (C- EMSP). Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxviii INSTITUTIONAL FRAMEWORK FOR THE IMPLEMENTATION OF ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Project Coordination Units have been established at both national (Ministry) and County levels to oversee implementation of WSDP. The PCUs at both levels incorporate environmental and social safeguards experts who will be instrumental in overseeing the ESMP implementation. Table 0-4: Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water and • Central agency responsible for holding all Sanitation information on the ESIA and RAP. • Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ESIA and RAP. County Government of Wajir Responsible for engaging with local community on matters concerning land and water distribution. CWWDA Responsible for the major contractual issues arising in this safeguards contract. WAJWASCO • Responsible for contracting the works, and supervising and managing the contractor, under the project • Responsible for day-to-day coordination and implementation of the project. • Oversee the contractor’s work • Ensure the grievance committees are established and working. • Responsible for the operations phase of the project. • Monitor the ESMP implementation. NEMA • Review of ESIA report and provide an ESIA license for the project. • Enforce all provisions of EMCA Contractor • Implementing the project • To ensure strict compliance environmental specifications of this ESMP Supervision Consultant • Ensure that the proposed ESMP is up to date and is being used by the contractor. • Periodic audits of the ESMP will have to be done to ensure that its performance is as expected. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xxxix SOO KOOBIS Gundhiga mashruuca Dowladda Kiinya iyada oo sii mareysa wasaaradda biyaha iyo fayadhowrka, guddiga adeega biyaha xeebaha, guddiga nidaaminta adeega biyaha iyo dhowr ismaamul gobaleed iyo ------- ee xeebta iyo gobalada waqooyi bari- waxa ey fulineysaa mashruuca biyaha iyo fayadhowrka ee uu maalgelinayo bangiga aduunka. Gudiga adeega biyaha iyo guddiyada adeegyada biyaha waqooyigu waa gudiyo iskood isku maamula oo madax banana dowladana qeybka ah( dowladu ey leedahay hadana iskood isku maamula) waxaa lagu abuuray xeerka biyaha 2016 hase yeeshee waxaa lagu soo saaray faafin gaar ah. Waxeyna ka hoos shaqeeyaan wasaarada biyaha iyo fayadhowrka si waafaqsan qodobada iyo nidaamka xeerka biyaha ee 2016, xeerka shirkadaha dowlada Cap 446, qodobada kale ee la xiriira qawaaniinta Kiinya, xeerarka iyo shuruucda ee wasaaradda masuulka ah iyo wasaaradda maaliyadu ey soo saaraan. Dhinacyada xukunka ee NWWDA waxa uu ka hirgelayaa dhamaan sedaxda ismaamul ee gobalka waqooyi bari oo kala ah: Garissa, Wajir iyo Mandera, labada ismaamul ee gobalka bari oo kala ah: Isiolo iyo Marsabit iyo laba kale oo ka mid ah dooxada rifti faali oo kala ah ismaamulada Laikipia iyo Samburu. Dhaqdhaqaaqa dhaqaale ee ugu weyn ee gobalka waa xoola dhaqashada. Bulshooyinku sidoo kale waxa ey ku hawlanyihiin dhaq-dhaqaaqyo kale oo dhaqaale sida tacabka beeraha, dhaqashada xoolaha iyo ganacsiga. Deegaanka NWWDA waxaa degan bulsho gaareysa 4 milyan oo qof sida ku cad tirakoobka qaran ee 2019 la sameeyay. Todobada ismaamul gobaleed iyo maamulada hoos taga ee guddiga adeega biyaha deegaanka waqooyi hoos taga shaxda hoose ( shaxda 1-1) ayaa lagu xusay. Shaxda 1-1 ismaamulada iyo maamulada hoos yimaada ee deegaanka NWWDA S/No Ismaamulka Maamulada hoos taga 1 Ismaamulka Garissa, Ijara, Daadab, Lagdera and Fafi Garissa 2 Ismaamulka Wajir koofur, Buna, Habaswein, Wajir bari, Wajir waqooyi Wajir iyo Wajir galbeed. 3 Ismaamulka Mandera bari, Mandera koonfur, Mandera waqooyi, Mandera Mandera galbeed, Lafey and Banissa 4 Ismaamulka Moyale, bartanka, Marsabit Laisamis, Loyangalani, Marsabit 5 Isiolo Isiolo, Garbatula iyo Merti 6 Samburu Samburu bari, Samburu dhexe iyo Samburu waqooyi 7 Laikipia Laikipia bari, Laikipia galbeed, Laikipia waqooyi Mashruuca waxaa laga fulinayaa deegaan hoostaga lambib kaa soo dhaca bariga magaalada wajir ee ismaamulka wajir. Baaxadda shaqada ugu weyn waa in la fuliyaa saameynta qiimeyn bulsho iyo deegaan ee lambar 4. Ceelasha laga qoday Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xl Lambib,shabakadaha qeybinta tubooyinka iyo meelaha ey isugu yimaadaan ku yaala magaalada wajir. Shaqadu waxa ey ku saleysan tahay xeerarka dowlada Kiinya iyo siyaasadaha hawlgalka badbaadada ee bangiga aduunka waxaana sidoo kale la aruurin doonaa qiimeyn ku saabsan saameynta fiican ama toosan bulsho deegaan ee maashaariicda yar yar iyo u diyaar garowga qorshe maamul deegaan iyo bulsho. Warbixintan waxaa ku jira qiimeyn ku saabsan saameynta deegaan bulsho ee ceelasha ku yaal Lambib. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County xli Table of Contents 1 INTRODUCTION ......................................................................................................................................... 10 1.1 Project Background ......................................................................................................................... 10 1.2 Need For the Project ....................................................................................................................... 12 1.3 The Terms of Reference ................................................................................................................ 13 1.4 ESIA Objectives .................................................................................................................................. 13 1.5 Methodology ....................................................................................................................................... 14 1.5.1 Environment and Social Scoping ..................................................................................... 14 1.5.2 Data and Information ............................................................................................................ 14 1.5.3 Stakeholder Consultations .................................................................................................. 15 1.5.4 Socio-economic Assessment .............................................................................................. 15 2 PROPOSED PROJECT DESCRIPTION ................................................................................................ 17 2.1 Project Area Description ............................................................................................................... 17 2.1.1 Location and Administration ............................................................................................. 17 2.1.2 Study Area................................................................................................................................... 19 2.1.3 Locations for the Boreholes ............................................................................................... 19 2.1.4 Immediate Measures for the Improvement of Water sustainability .............. 21 2.1.5 Project Activities ...................................................................................................................... 28 2.2 Implementation Cost for Immediate Measures ................................................................. 28 3 PHYSICAL, BIOLOGICAL AND SOCIAL-ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT ........................................................................................................................... 29 3.1 Socio-Economic Conditions ......................................................................................................... 29 3.1.1 Population................................................................................................................................... 29 3.1.2 Health and Education ............................................................................................................ 29 3.1.3 Transport, Energy and Communication ....................................................................... 32 3.1.4 Commerce and Industry....................................................................................................... 33 3.1.5 Wajir Demography.................................................................................................................. 33 3.2 Physiographic and Biological Environmental Conditions ............................................ 34 3.2.1 Topography ................................................................................................................................ 34 3.2.2 Hydrology and Drainage ...................................................................................................... 35 3.2.3 Climate .......................................................................................................................................... 36 3.2.4 Hydrogeology and Soils ........................................................................................................ 37 3.2.5 Biodiversity ................................................................................................................................ 42 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 1 3.3 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY...................................................... 42 3.3.1 Household Characteristics .................................................................................................. 43 3.3.2 Socio-Economical Activities and Land Use Patterns .............................................. 44 3.3.3 Sources and Quality of Drinking Water ........................................................................ 47 3.3.4 Distance to and Ownership of Drinking Water Sources ....................................... 49 3.3.5 Cost of Drinking Water ......................................................................................................... 51 3.3.6 Common Modes of Transporting Water and Challenges Faced ........................ 52 3.3.7 Waste Disposal ......................................................................................................................... 53 3.3.8 Availability of Toilet Facilities........................................................................................... 53 3.3.9 Awareness of the Proposed Project................................................................................ 54 3.3.10 Perceived Impacts of the Project ..................................................................................... 55 3.3.11 Common Diseases ................................................................................................................... 57 3.3.12 HIV and AIDS Issues ............................................................................................................... 59 4 Stakeholder Engagement and Public Consultation ................................................................... 65 4.1 General ................................................................................................................................................... 65 4.2 Applicable Laws, Regulations and Policies to Public Engagement ........................... 65 4.3 Public Participation Methodology ............................................................................................ 66 4.3.1 Key Informant Interviews ................................................................................................... 66 4.3.2 Questionnaire Administration .......................................................................................... 68 4.3.3 Public Participation Meetings ........................................................................................... 68 4.3.4 Consultation During the Project Duration .................................................................. 70 4.3.5 Community Relations in Construction Phase ............................................................ 71 4.3.6 Construction Contractor’s Role in Community Liaison ........................................ 72 4.3.7 Community Relations in Operational Phase............................................................... 72 4.3.8 Grievance Redress Management Plan ........................................................................... 72 5 ALTERNATIVES TO THE PROJECT .................................................................................................... 73 5.1 No Action Alternative ..................................................................................................................... 73 5.2 Alternative Sources of Water Previously Investigated in the Project Area .......... 73 5.2.1 Water Pans ................................................................................................................................. 73 5.2.2 Dams .............................................................................................................................................. 73 5.2.3 Tana River ................................................................................................................................... 74 6 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK ..................................................... 75 6.1 Kenyan Government Policy Provisions.................................................................................. 75 6.1.1 Land Policy ................................................................................................................................. 75 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 2 6.1.2 The National Environmental Action Plan (NEAP) ................................................... 75 6.1.3 Sessional paper No. 6 (1999)............................................................................................. 76 6.1.4 National Gender and Development Policy .................................................................. 76 6.2 Legal Framework of the GOK in Regard to Land Ownership and Transactions. 76 6.2.1 The Constitution of Kenya 2010 ...................................................................................... 76 6.2.2 Land Ownership in Kenya ................................................................................................... 77 6.2.3 Legal Provision Governing Voluntary Land Transactions in Kenya ............... 79 6.2.4 Legal Provision for Involuntary Land Acquisition in Kenya ............................... 80 6.2.5 Community Land Act 2016 ................................................................................................. 80 6.3 National Policy and Legal Provisions on Gender............................................................... 81 6.3.1 National Gender and Development Policy (2000) .................................................. 81 6.3.2 The New Constitution of August 2010 on Gender ................................................... 82 6.3.3 The Sexual Offences Act (NO 3 of 2006) ...................................................................... 83 6.4 The Environmental Management And Coordination Act (Emca).............................. 83 6.5 Tools of The Environment Management and Coordination Amended Act 2015 84 6.5.1 Environmental (Impact Assessment and Audit) Regulations 2003................ 84 6.5.2 The Environmental Management and Coordination (waste management) Regulation, 2006 ........................................................................................................................................ 84 6.5.3 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009 85 6.5.4 Draft Environmental Management and Coordination (Air Quality) Regulations, 2009 ...................................................................................................................................... 86 6.5.5 Water Quality Regulations, 2006 ..................................................................................... 86 6.6 Water Act 2016 .................................................................................................................................. 86 6.7 The Public Health Act (CAP. 242) ............................................................................................. 87 6.8 The Land Act, 2012 .......................................................................................................................... 87 6.9 Physical & Land use Planning Act 2019................................................................................. 88 6.10 The Children Act, 2001.............................................................................................................. 88 6.11 The HIV And AIDS Prevention And Control Act, 2011 ............................................... 88 6.12 Occupational Health and Safety Act .................................................................................... 93 6.13 The County Governments Act, 2012 ................................................................................... 94 6.14 World Bank Safeguard Policies ............................................................................................. 96 6.14.1 Operational Policy (OP) 4.01: Environmental Assessment, 2001 ................... 96 6.14.2 Operational Policy 4.04: Natural Habitats, 2001 ..................................................... 96 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 3 6.14.3 The Bank's Operational Policy 4.12: Involuntary Resettlement....................... 96 6.14.4 Operational Policy (OP) 4.10 - Indigenous Peoples ................................................ 97 6.14.5 Operational Policy (OP/BP) 4.11: Physical Cultural Resources ....................... 97 6.14.6 World Bank Policy on Access to Information, 2010 ............................................... 97 7 ENVIRONMENT AND SOCIAL IMPACTS OF THE PROPOSED PROJECT .......................... 99 7.1 Impact Identification ...................................................................................................................... 99 7.2 Impact Prediction .......................................................................................................................... 100 7.3 Mitigation of Impacts ................................................................................................................... 100 7.4 Impact Categories .......................................................................................................................... 100 7.5 Impacts Emanating from the Proposed Project .............................................................. 107 7.5.1 Pre-Construction/Planning Phase Impacts – Damage and Loss of Land, Structures and Livelihoods. ............................................................................................................... 107 7.5.2 Construction Phase Impacts............................................................................................ 107 7.5.3 Impacts during Operation & Maintenance ............................................................... 124 7.5.4 Cumulative impacts during Operation and maintenance ................................. 128 7.5.5 Impacts during De-Commissioning ............................................................................. 128 8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ..................................... 129 8.1 Significance of ESMP .................................................................................................................... 129 8.2 Purpose and Objectives of ESMP............................................................................................ 129 8.3 Auditing of ESMP and reporting............................................................................................. 129 8.4 Project implementation .............................................................................................................. 130 8.4.1 Contract Administration ................................................................................................... 130 8.4.2 Local contracting capacity ............................................................................................... 131 8.4.3 Selection and pre-qualification of contractors....................................................... 131 8.5 The Environmental and Social Management Plan ......................................................... 131 8.5.1 Environmental and Social Management Plan (ESMP) ........................................ 132 8.6 Environmental and Social Monitoring Plan ...................................................................... 146 8.6.1 Environmental and Social Monitoring Plan ............................................................. 147 8.7 Grievance Redress Mechanism ............................................................................................... 152 8.7.1 Grievance Log ......................................................................................................................... 152 8.7.2 Organisational Structure for Conflict Resolution.................................................. 153 8.8 Institutional Framework for Implementation of the Project and the ESMP ..... 156 9 CONCLUSION ............................................................................................................................................ 158 10 REFERENCES........................................................................................................................................ 159 11 APPENDICES......................................................................................................................................... 160 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 4 11.1 APPENDIX A: SURVEY QUESTIONNAIRE ...................................................................... 160 11.2 APPENDIX B - PUBLIC AND STAKEHOLDER CONSULTATION ........................... 164 11.2.1 Minutes of the public consultation meeting held at Lambib chiefs office on the 3rd of September 2019 at 2.30pm. ........................................................................................ 164 11.2.2 Minutes of the STAKEHOLDER engagement meeting held at WAJWASCO OFFICES on the 6TH of DECEMBER 2018 at 10.00am to 11.30 am. .............................. 170 11.2.3 Minutes of The Labbib Community and PCU Members Meeting Held At Water Services Board Room On The 27th Of July 2019 At 10:00am to 12Pm.......... 187 11.3 APPENDIX C - CHANCE FIND PROCEDURES ............................................................... 195 11.4 APPENDIX D - Sample Grievance Form .......................................................................... 205 11.5 APPENDIX E - Sample of a Grievance Resolution Form ......................................... 207 11.6 APPENDIX F - Community land resolution and consent for land usage permit report 208 11.7 APPENDIX G – OFFICE BLOCK LAND OWNERSHIP DOCUMENTS .................... 235 Table of Figures Figure 2-1: Wajir County Administrative Units ...................................................................................... 18 Figure 2-2: Location of Lambib .................................................................................................................... 19 Figure 2-3: Borehole locations in Lambib ................................................................................................. 20 Figure 2-4: Typical well field layout .......................................................................................................... 22 Figure 2-5: Typical singular borehole compound ............................................................................... 22 Figure 2-6: Typical well field collection tank compound ................................................................ 23 Figure 2-7: Chlorine dosing system ........................................................................................................... 24 Figure 2-8: Wide area layout map of Lambib Mains .......................................................................... 24 Figure 2-9: Proposed reticulation network with Water Kiosks ....................................................... 25 Figure 2-10: Office block designs ................................................................................................................ 27 Figure 3-1: Existing health facilities ........................................................................................................... 31 Figure 3-2: Local road network .................................................................................................................... 32 Figure 3-3: Elevation of Wajir County ....................................................................................................... 35 Figure 3-4: Rainfall in Wajir County (Source-Meteorological department -Kenya) ........... 36 Figure 3-5: Rainfall Distribution in Wajir county (Source-Meteorological department - Kenya) ...................................................................................................................................................................... 37 Figure 3-6 Altitude ranges of Western areas of Wajir County ...................................................... 38 Figure 3-7 Water rest levels .......................................................................................................................... 39 Figure 3-8 Borehole Depths within Wajir County .............................................................................. 39 Figure 3-9 Geology of study area ................................................................................................................ 40 Figure 3-10 Discharge/safe yield ................................................................................................................ 41 Figure 3-11 Water quality .............................................................................................................................. 41 Figure 3-12: Model 14 - Water quality ..................................................................................................... 42 Figure 3-13: Household Memebers by Age group................................................................................... 43 Figure 3-14: Household Literacy Level ..................................................................................................... 44 Figure 3-15: Household Head Occupation .............................................................................................. 44 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 5 Figure 3-16: Business Type ............................................................................................................................ 45 Figure 3-17: Types of Livestock ................................................................................................................... 45 Figure 3-18: Household Income ................................................................................................................... 46 Figure 3-19: Religion ......................................................................................................................................... 46 Figure 3-20: Types of Fuel .............................................................................................................................. 47 Figure 3-21: Sources of Water....................................................................................................................... 47 Figure 3-22: Quality of Water ........................................................................................................................ 48 Figure 3-23: Frequency of Fetching Water ............................................................................................. 49 Figure 3-24: Adequacy of Water Supply................................................................................................... 49 Figure 3-25: Distance to Water Source ..................................................................................................... 50 Figure 3-26: Ownership of Water Sources .............................................................................................. 50 Figure 3-27: Payment for Water .................................................................................................................. 51 Figure 3-28: Cost of 20l of Water ................................................................................................................. 51 Figure 3-29: Modes of Transporting Water ............................................................................................ 52 Figure 3-30: Challanges Related to Water Supply ............................................................................... 53 Figure 3-31: Methods of Waste Disposal ................................................................................................. 53 Figure 3-32: Households with Toilets ....................................................................................................... 54 Figure 3-33: Types of Toilets ......................................................................................................................... 54 Figure 3-34: Knowledge of Project ............................................................................................................. 55 Figure 3-35: Effects of Proposed Works................................................................................................... 56 Figure 3-36: Expected Positive Effects of Project ................................................................................ 56 Figure 3-37: Expected Adverse Effects of Project................................................................................ 57 Figure 3-38: Mitigation of Adverse Effects.............................................................................................. 57 Figure 3-39: Common Diseases .................................................................................................................... 57 Figure 3-40: Measures Taken in Case of Illness ...................................................................................... 58 Figure 3-41: Ownership of Health Facilities ........................................................................................... 58 Figure 3-42: Distance to Health Facilities................................................................................................ 59 Figure 3-43: Knowledge of HIV/AIDS........................................................................................................ 60 Figure 3-44: Sources of Information of HIV/AIDS ............................................................................... 60 Figure 3-45: Households Affected by HIV/AIDS................................................................................... 61 Figure 3-46: Knowledge of HIV/AIDS Prevention ............................................................................... 62 Figure 3-47: Knowledge of Location of VCT Centers ......................................................................... 62 Figure 3-48: Environmental Issues of Concern .................................................................................... 63 Figure 3-49: Conservation Initiatives ........................................................................................................ 64 Figure 3-50: Groups Carrying Out Initiatives .......................................................................................... 64 Figure 3-51: Positive Opinion of Project on Environment.............................................................. 64 Figure 4-1: Consultant and WAJWASCO Rep addressing the public .............................................. 70 Figure 11-1: Community members gathered for the meeting ....................................................... 167 Figure 11-2: Wajwasco Rep addressing community ......................................................................... 168 Figure 11-3: Consultant addressing community ................................................................................. 168 Figure 11-4: Wasjwasco rep addressing crowd ................................................................................... 168 Figure 11-5: Wajwasco rep addressing crowd ..................................................................................... 168 Figure 11-6: Community showing support for project ..................................................................... 168 Figure 11-7 Meeting stakeholders........................................................................................................... 177 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 6 List of Tables Table 0-1 Counties and Sub Counties in NWWDA Area .................................................................... iii Table 2-1: Implementation Costs for Immediate Measures .......................................................... 28 Table 3-1: Projected population of Wajir Town .................................................................................. 29 Table 3-2: Health institutions in Wajir County ..................................................................................... 30 Table 4-1: Key Stakeholders met ................................................................................................................ 67 Table 4-2: Means of Communication with External Stakeholders by the community....... 70 Table 4-3: Means of Communication with Internal Stakeholders by community members ...................................................................................................................................................................................... 71 Table 6-1: Local Permissible Noise Level for a Construction Site................................................ 85 Table 6-2: IFC Permissible Noise Levels .................................................................................................. 85 Table 7-1: Characterization of Negative Impacts ............................................................................. 102 Table 7-2: Characterization of Operation Phase Impacts ............................................................... 104 Table 7-3: Characterization of Cumulative Impacts ......................................................................... 105 Table 7-4: Characterization of Positive Impacts ................................................................................. 106 Table 8-1: Environmental and Social Management Plan (ESMP) ............................................. 132 Table 8-2: Proposed Environmental and Social Monitoring Plan ............................................ 147 Table 8-3: Institutional Framework for ESMP ................................................................................... 156 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 7 ACRONYMS AND ABBREVIATIONS AIDS Acquired Immunodeficiency Syndrome CBO Community Based Organization CLO Community Liaison Officer COVID 19 Corona Virus Disease CWWDA Coast Water Works Development Agency, formerly Coast Water service Board (CWSB) EIA Environmental Impact Assessment EMCA Environment Management Coordination ACT ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan GBV Gender Based Violence GIS Geographical Information System GoK Government of Kenya GPS Global Positioning System HASP Health and Safety Plan HIV Human Immunodeficiency Virus HMP Health Management Plan ID No. Identity Card Number IDA International Development Association K.Shs. Kenya Shillings KFS Kenya Forest Service LRCC Locational Resettlement and Compensation Committees m3 cubic metres MCA Member of County Assembly MOWS Ministry of Water and Sanitation NEMA National Environment Management Authority NGO Non-Governmental Organization NLC National Land Commission NMK National Museums of Kenya NPEP National Poverty Eradication Plan NWWDA Northern Water Works Development Agency O&M Operation and Maintenance OP Operational Policy PAP Project Affected Person PEC Poverty Eradication Commission PPE Personal Protective Equipment SCRCC Sub-County Resettlement and Compensation Committees SEA Sexual exploitation and Abuse SH Sexual Harassment SOLWODI Solidarity for Women in Distress SOP Standard Operating Procedure STD Sexually Transmitted Diseases VCT Voluntary Counselling and Testing WAJWASCO Wajir Water and Sewerage Company Ltd WaSSIP Water and Sanitation Service Improvement Project WaSSIP-AF Water and Sanitation Service Improvement Project – Additional Financing WB World Bank WHO World Health Organisation Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 8 WRA Water Resources Authority WSB Water Services Board, renamed Water Works Development Agency (WWDA) WSP Water Services Provider WSS Water Supply and Sanitation Services WSSD World Summit for the Social Development Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 9 1 INTRODUCTION 1.1 PROJECT BACKGROUND There is a growing concern in Kenya and at global level that many forms of development activities are causing damage to the environment. Development activities have the potential to damage the natural resources upon which the economies are based. A major national challenge today is how to attain sustainable development. It is now accepted that development projects must be economically viable, socially acceptable and environmentally sound. To balance economic goals and ecological imperatives, certain tools have been developed over time. Environmental and Social Impact Assessment (ESIA) is such one tool. Environmental impact assessment is management tool for the protection of the environment from the negative effects of development activities. With roots in the EPA Act of 1969 in the United States, ESIA application has spread worldwide. Although different political jurisdictions have their own legal and administrative requirements in ESIA application, there are accepted cardinal principles which inform the ESIA process no matter the jurisdiction. In Kenya, ESIA became compulsory after the enactment of Environmental Management and Coordination Act, 1999 (EMCA). According to, EMCA, 1999 and subsequent environmental (Impact and Audit) regulations, it is mandatory to get environmental clearance for certain development projects. Among these projects are; rivers and water resources development and waste disposal projects including: i. Storage projects, barrages and piers; ii. Rivers diversions and water transfers between catchments; flood control schemes; iii. Drilling for the purpose of utilizing ground water resources including geothermal energy. iv. Sites for hazardous waste disposal; v. Sewage disposal works; vi. Works involving major atmospheric emissions; vii. Works emitting offensive odours; viii. Sites for solid waste disposal. (EMCA, 1999, Second Schedule; Part IV.) The proposed water works thus falls under projects which must undergo an environmental impact assessment before implementation. In compliance with the above regulations, the Government of Kenya (GoK) through the Ministry of Water and Irrigation has received funding from World Bank. Part of these funds are to be used to improve sanitation in Wajir and Dadaab. The funds are to be disbursed through Coast Water Works Development Agency (CWWDA)/Northern Water Works Development Agency (NWWDA) in conjunction with the County Governments of Wajir and Garissa to prepare Detailed Designs and Bid Documents for Immediate and Short Term Measures as well as Feasibility Studies and Preliminary Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 10 Designs to manage Water Supply and Sanitation over the next 20 years for Wajir and Dadaab towns. The Implementation Agencies of the Study has been designed to be in accordance with the New Constitution of Kenya which was enacted in August 2010. The Constitution of Kenya (2010) has dramatically altered the administrative structure of the government from the initial 8 administrative provinces to 47 semi-autonomous Counties. The autonomy of the Counties has vested powers and privileges in each County especially on the provision of essential public services such as water, sanitation, education and other social services. The Northern Water Works Development Agency (NWWDA) under whose jurisdiction the project falls was earlier established as Northern Water Services Board (NWSB) through a Kenya Gazette Notice No. 1716 dated 12th March 2004 as a State Corporation under the State Corporations Act and the Water Act 2002. Following enactment of the Water Act 2016 in line with the new constitution, the NWSB transitioned to Northern Water Works Development Agency vide special issue of Kenya Gazette No. 28 dated 26th April 2019. It is therefore required that the formulated Program (Study) be aligned to respect and respond to the requirements of the new constitution. A key benchmark of the new Constitution is stipulated under Chapter IV-BILL OF RIGHTS, Part 2 Article 42 which stipulates: “Every person has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures, and to have obligations relating to the environment fulfilled”. Article 43 also states that every person has the right "to accessible and adequate housing and to reasonable standards of sanitation", as well as the right "to clean and safe water in adequate quantities". The Scope for the Water Supply Project under immediate works is summarised below: For Lambib site, the following works are meant to serve Wajir town and include: a. Drilling and equipping of 4Nr boreholes at Lambib b. 100M3 elevated steel tank at Lambib c. Main rising pipeline from Lambib to wajir town d. 15Nr water kiosks at wajir town e. Rehabilitation of wajir minor pipeline distribution network f. Construction of new office block and laboratory for WAJWASCO at wajir minor In addition to the above the following works are proposed to serve Lambib host community and will be assessed under a separate ESIA report. a. Drilling of 1Nr borehole that also serve as test drill borehole b. Construction of 6Nr water kiosks c. Construction 1Nr elevated steel tank of 50M3 d. Construction of 15Nr ecosan toilets for VMGs e. Pipeline distribution network to the kiosks f. Solar power system for the borehole Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 11 g. fence for the borehole and other equipment For Refeith, the proposed works include: a. Drilling and equipping a total of 5 Nr. boreholes in Kumbi and Leheley b. Construction of 100M3 elevated steel tanks in kumbi c. Construction of 2Nr elevated steel tank of 50M3 in Leheley d. Construction of main rising pipeline to Wajir Town e. Construction of 15 number water kiosks . f. Construction of 3Nr water troughs g. Construction of reticulation and interconnection pipeline to kiosks in Leheley. This Environmental and social impact assessment report covers only the works meant to serve Wajir town as mentioned above. 1.2 NEED FOR THE PROJECT Wajir is a perennially water deficient as it does not have any permanent surface or groundwater sources. It is sitting on a shallow aquifer which so far has been the major source of water for the town. The water is abstracted from the aquifer through shallow wells. The daily demand is estimated at 4400m3 against exploitation of 4200 M3 a day. The demand is expected to grow to 6600m 3 a day by year 2020 Water is obtained from the uppermost pervious layer of the earth primarily through shallow wells. The majority of boreholes in Wajir area are privately owned and server small commercial concerns mostly located within the town. This lack of access to clean water promotes the spread of illness since it forces the local communities to use unprotected water sources. Water borne illnesses are therefore common, especially following rains when shallow wells get contaminated by surface runoff carrying pollutants from poorly maintained bucket toilets. The traditional division of roles means that it is primarily the women and children that find and fetch water. This takes away from vital tasks that include earning a living for the family and children missing out on education. The project’s primary objective is therefore to improve water supply and sanitation services in Wajir Town. This will be achieved by investing in water supply and sanitation infrastructure. The project will also improve services by strengthening institutional capacity in areas such as reducing non-revenue water, improving billing and revenue collection systems. The project’s secondary objectives are: i. To improve resilience of the communities to recurrent drought events by improving the overall management of water supply and use of water resources in the pilot areas. ii. To enable the WSP to lead the process of problem identification, planning, implementation and management of the water supply and distribution project. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 12 iii. To reduce the incidence of water borne-diseases through the provision of potable water. iv. To reduce the burden on women and children by making access to safe and clean water much easier and less labour intensive. v. To reduce the impact of water unavailability on children’s education. 1.3 THE TERMS OF REFERENCE The TOR requires that an ESIA Study of proposed boreholes. The ESIA study will therefore be a study of potential environmental impacts of the project. An Environmental and Social Management Plan (ESMP) with comprehensive mitigation measures and environmental monitoring plan will be drawn and the proponent advised accordingly. The analysis includes, but not limited to the following: • Evaluation on the project impacts on flora, fauna, soils, air, water and identification of other impacts likely to be generated by the proposed project • A description of actions taking place during the main phases of the project (construction, operation, and maintenance) which could lead to environmental damage; • Identification of the potential impacts of the boreholes facility relative to surrounding land use as well as the people living or operating in areas associated with the project. • Preparation of an action plan for the repair of the damage done and for the prevention of any negative effects resulting from the proposed project. • Formulation of a plan to prevent anticipated undesirable impacts from being actualized. • Evaluation of the relationship of the proposed project to existing policies, legislation and institutional framework; 1.4 ESIA OBJECTIVES The overall objective of the ESIA is to ensure that all environmental consequences due to the construction and operation of the proposed project are addressed or mitigated. The specific objectives of the assignment are: • Analysing the physical, biological, and socio-economic environment of the project area with respect to results of the proposed project’s design. • Screening of potential issues, concerns and impacts relative to siting, construction and operation of various design components to distinguish those that are likely to be significant for a particular subcomponent and warranting further study. • To obtain background biophysical information of the site, legal and regulatory issues associated with the project; • To generate baseline data for monitoring and evaluation of how well the mitigation measures will be implemented during the Project cycle • To allow for public participation; Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 13 • To make suggestions of possible alterations to the proposed project design, based on the assessment findings • To verify the proposed Project compliance with environmental regulations both national and international; • Recommending measures to mitigate adverse issues, concerns and impacts, and to enhance any likely positive impacts. • To assess the legal and regulatory framework governing the project; • Preparing an Environmental and Social Management and Monitoring Plan indicating impact areas, recommended mitigation measures, and method of monitoring impacts, particularly during construction and operation phases. • To compile an ESIA project report for submission to NEMA. Generally, ESIA also aims to ensure that development projects are implemented in a sustainable manner. Sustainable development is increasingly becoming a common synonym to environmental management in infrastructure development. It refers to a pattern of resource use that is aimed at meeting present day human needs while preserving the environment so that these needs can be met in future generations. Sustainable development ties together concern for the carrying capacity of natural systems with the social challenges facing humanity. 1.5 METHODOLOGY The ESIA was undertaken at a level that was considered to be commensurate with the scale, complexity and sensitivity of the project. The key stages in the process included scooping, which includes key informant & household consultations, impact assessment, mitigation, review, decision-making and monitoring, as part of the preparation of this project report. 1.5.1 Environment and Social Scoping The scoping process involved identification of significant environmental and social issues associated with the proposed Works within target locations in the Project area. ESIA Scoping was achieved through reviews of the secondary documents and available data supported with field evaluations. According to the Second Schedule of EMCA, works involving drilling for purposes of using ground water resources and related infrastructure as well as water supply and distribution infrastructure are classified as Medium Risk projects. 1.5.2 Data and Information This stage involved review of various documents. This was conducted prior to site visit in order to have a clear understanding of the Project Area, Terms of Reference, Social Status of the Project, etc. Documents reviewed are listed below: • Water and Sanitation Development Program (WSDP)- Environment and Social Management Framework (EMSF) (February 2017) • Water and Sanitation Development Program (WSDP)- Resettlement Policy Framework (RPF) (February 2017) Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 14 • Social Assessment Report on Wajir Town Water Masterplan Project. February 2017 • Environmental Management and Coordination Act (EMCA)2015 • Immediate Works Design Report for the Feasibility Study and Preliminary Design of Water Supplies for Wajir Town Water Masterplan • Final Masterplan Report for the Feasibility Study and Preliminary Design of Water Supplies for Wajir Town 1.5.3 Stakeholder Consultations Informing and consulting the public are integral tasks within any environmental and social assessment process in Kenya and form part of best practice. Accordingly, the TOR required the ESIA consultant to organise and implement a public consultation exercise in undertaking the ESIA process. Informing the local people, community leaders and key stakeholders about the proposed project was carried out through community consultative meetings, key informant interviews and questionnaire administration. During the consultation process, the stakeholders were taken through the proposed project including its objectives, technologies of implementation and possible impacts associated with implementation of the project. Stakeholders were then given time to ask relevant questions regarding the proposed project to enable the consultants clarify on any issues that they may not have understood properly. 1.5.4 Socio-economic Assessment The purpose of the socio-economic assessment was to analyse the social, cultural, economic and political conditions of individuals, groups, communities and organisations in the project area. Key parameters explored included: • Land and resource use patterns • stakeholder characteristics • gender issues • stakeholder perceptions on project? • organisation and resource governance • community services and facilities • Demography and community organisation. • KAP on HIV/AIDS. • Environmental issues in the project area. Sample survey questionnaire used in household data collection is presented in Appendix A. the household questionnaires were analysed using excel and results presented using pie charts and histograms. The review of this ESIA is undertaken during the era of the Coronavirus disease (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on E&S issues, also pose a risk of infection to Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 15 communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 16 2 PROPOSED PROJECT DESCRIPTION 2.1 PROJECT AREA DESCRIPTION 2.1.1 Location and Administration Wajir Town is the headquarter of Wajir County which is situated in the North-Eastern region of Kenya. The County lies between latitudes 3o N 60‘N a nd 0o 20‘N and Longitudes 39o E and 41o E and covers an area of approximately 56,686 Km 2. It extends to the International border of Kenya with Ethiopia and Somalia and shares border with adjacent Counties. It borders Somalia to the East and Ethiopia to the North. Wajir County also borders Mandera County to the North East, Isiolo County to the South West, Marsabit County to the West and Garissa County to the South. Wajir County comprises of six Sub-Counties, namely; Eldas, Tarbaj, Wajir East, Wajir West, Wajir North and Wajir South. It is further divided into 29 Divisions, 142 Locations and 172 Sub- Locations. Wajir Town lies under the jurisdiction of Wajir East Sub- county. The figure below shows the administrative units of Wajir County. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 17 Figure 2-1: Wajir County Administrative Units Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 18 The project area is located within Wajir Town and its environs with the project sites being located within Lambib. The specific location of the boreholes is discussed in Chapter 2.1.3 of this report. 2.1.2 Study Area The study area considered is limited to Lambib area. This is located about 9km East of Wajir town. This is shown in the image below. Figure 2-2: Location of Lambib 2.1.3 Locations for the Boreholes The locations of the boreholes are summarised in the table below Location Coordinates Latitude Longitude Borehole 1 1°45'1.64"N 40° 7'58.92"E Borehole 2 1°44'57.81"N 40° 8'32.16"E Borehole 3 1°44'4.53"N 40° 8'49.28"E Borehole 4 1°44'10.78"N 40° 8'16.45"E The locations of the boreholes are shown in the maps below. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 19 Figure 2-3: Borehole locations in Lambib Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 20 2.1.4 Immediate Measures for the Improvement of Water sustainability The immediate works aim at increasing water production substantially from the existing water sources and the new water sources in Lambib. The projected yield from 50m deep boreholes is 10m3/h for each borehole (4 Boreholes approximately 500m- 800m apart). This needs to be confirmed by test drilling. Thus, the proposed works will add new consumers and improve the service to the existing consumers. The proposed immediate works are as follows: • Drill of four new boreholes at Lambib project sites. • Equipping of the 4 wells in Lambib project sites • 100m3 elevated steel tanks for the Lambib site • Construction of a 13Km water distribution pipeline within Wajir Town • Rehabilitation of Wajir Minor Water supply • Provide solar power for the pumps at the four shallow wells in Lambib water supply. • Construction of 15 number of water kiosks in Wajir Town for water distribution. • Interconnect the new elevated tank into the distribution system • Construction of new office block for WAJWASCO - floor area approximately 1500m2 • Establish and equip a water quality monitoring Laboratory within the proposed office block The project will also involve the supply of equipment to aid the management and maintenance of the installed water supply infrastructure. This equipment will include: • 7 No. 16m3 Water Bowsers for water supply and 1No. 16m3 Water Bowsers for sanitation, for distribution of water to thirsty prone areas • 4 No. of 4x4 single cabin pickups for Operations and Maintenance of borehole sites. • 2 No. crane truck for installation, repair and maintenance of borehole pumping equipment. • 30 No. Motorcycles for operations and Movement for revenue collection of water kiosks and individual connections (for meter reading and O&M) • Laboratory equipment and reagents at WAJWASCO laboratory. • Meter testing bench at WAJWASCO laboratory • Consumer meters complete with associated fittings. (400 number 13mm diameter meter, 200 number 19mm diameter meter) • Prepaid Metres for WAJWASCO. • Supply and installation of solar PV power and other related borehole equipment 2.1.4.1 Well-Field Development Figure 2-4 below shows the typical layout scheme of the Lambib and Rifeith Well fields. Figure 2-5 below shows the typical arrangement within the singular borehole compound and Figure 2-6 below shows the typical arrangement within the collection tank compound. Wajir deep aquifer which covers Lambib and Rifeit aquifers is predominantly corallites and sandstones. The depth of borehole that will produce the desired optimum yield of 7.5m3/hr will be 60m below ground level. The drilling method will be mud rotary drilling with mud pump and industrial clay/ bentonite under strict supervision. The nominal borehole diameter will be 300mm with 250mm diameter casings to specification. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 21 The total flow per hour for the four boreholes is projected to be 30m 3/hr. The design of the mains from Rifeith and Lambib will therefore be based on a discharge of 8.3l/s. Figure 2-4: Typical well field layout Figure 2-5: Typical singular borehole compound Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 22 Figure 2-6: Typical well field collection tank compound 2.1.4.2 Water Treatment Chlorination is the only form of water treatment used at the Minor Water Supply. The shock chlorination method is used, where a chlorine solution is prepared and poured into the well. Pumping is stopped for some time after dosing of chlorine to allow it to mix with water before pumping resumes. This is done twice weekly during wet season and once monthly during the dry season. An improved chlorination process involving a collection tank and a programmed inline chlorine doser as stipulated under WASREB Drinking Water Quality is proposed. This would ensure proper mixing of the water and chlorine before the water was pumped. The dosing system would use a pump-based timer. This would reduce the risk of chlorine under-/over-dosing thus allowing much greater accuracy and operational control. The figure below shows the dosing system to be adopted. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 23 Figure 2-7: Chlorine dosing system 2.1.4.3 Water Supply Mains The Figure 2-8 below shows the wide area map of Wajir town with Lambib well field to the East and Wajir Airport centrally placed on the map. Figure 2-8: Wide area layout map of Lambib Mains Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 24 2.1.4.4 Storage There will be a centralized collection tank at Lambib and at Rifeith of 100m 3 pressed steel elevated steel tank. Water from the four boreholes will be pumped to this single tank from which water will be pumped to Wajir Minor. Provision will be made for supply to community water kiosk at livestock watering troughs. 2.1.4.5 Connections and Community Water Points 2.1.4.5.1 Individual connections The existing water distribution system from the Minor Water Supply serves a small section of Wajir Town. There are approximately 57 connections in this system. The total length of the distribution system is estimated to be about approx. 13 km ranging in size from 38mm to 75mm in diameter. This will be improved as shown in the figure below. 2.1.4.5.2 Community Water Kiosks There are 15 new proposed water kiosks in Wajir Town. These water kiosks will serve better than individual connections in the short term since the available water is insufficient to be piped to every household. The Community water kiosks will ensure everyone has access to water from the date of commissioning of the water supply project as conceived in the Immediate Works. The pipe reticulation network and water kiosks locations are shown in Figure 2-9 below. Figure 2-9: Proposed reticulation network with Water Kiosks Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 25 2.1.4.6 Office Block At present, WAJWASCO does not have sufficient office space for its personnel and does not have laboratory for measuring the quality of water. Water quality tests are often performed at KEBs Laboratory in Garissa or are contracted to third parties. The tests carried out at KEBs lab are physical tests i.e. PH, suspended solids and chemical including chlorides, fluoride, nitrates, lead, copper and chlorides. Residual chlorine, turbidity and bacteriological tests are not done. It is therefore important for WAJWASCO to have their own well-equipped laboratory where the various tests including PH, turbidity, residual chlorine and bacteriological tests can be carried on a daily or weekly basis as required by WASREB Guidelines. Plans for the proposed office are attached in the image below. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 26 Figure 2-10: Office block designs Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 27 2.1.5 Project Activities 2.1.5.1 Construction Phase The project activities will include: - • Excavation of foundation for the office block • Construction of workshop, laboratory and offices for maintenance, treatment performance monitoring and management of the works. • Drilling of the 4.No. boreholes at Lambib area • Excavation of ground along the trunk and feeder pipelines and the site of the proposed treatment plant. • Laying connections of pipelines and refilling of the trenches. • Refilling of voids around the treatment works and landscaping to restore the site. 2.1.5.2 Operation Phase These will include receiving raw water and subjecting it to unit operations of treatment and temporally storing it before distribution Routine activities include at least the following • Maintenance of pipelines and treatment works. Attending to blockages and breakages along the pipelines, • Treatment performance monitoring through laboratory analysis 2.2 IMPLEMENTATION COST FOR IMMEDIATE MEASURES Engineer’s Cost Estimate determined for the Immediate Measures Wajir Town is based on the unit costs of the respective components of the Works obtained from recent contracts of similar scope and nature. The Implementation Costs as per the Master plan are given in the table below. Table 2-1: Implementation Costs for Immediate Measures Description Estimated Amount Contract sum USD (KShs.) Rehabilitation and expansion of Lambib water supply 1,053,164 101,578,355 scheme Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 28 3 PHYSICAL, BIOLOGICAL AND SOCIO -ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT This Section discusses the baseline situation in respect of climate, topography, air quality, soils and geology, hydrology, terrestrial ecology, cultural heritage sites and socio-economic structure as well as existing infrastructure and utilities such as water, sewerage, transportation network, electricity, air transport, and solid waste management in the region of the proposed project. 3.1 SOCIO-ECONOMIC CONDITIONS 3.1.1 Population The population data for the project area was taken in accordance to the 2009 census and is summarized in the table below: Table 3-1: Projected population of Wajir Town S/ Location Sub- 2009 No of Area Population projection No location Population House- in Km2 Current Future Ultimate census holds year 2017 year 2027 year 2037 1 Town-ship 11,846 1,857 10.50 15,276 21,969 31,594 Township 6,521 1,174 1.60 8,409 12,094 17,392 Almao 5,325 683 8.90 6,867 9,875 14,202 2 Jogbaru 30,387 4,847 28.80 39,187 56,354 81,043 Makor 8,201 1,362 13.80 10,576 15,209 21,872 Jogoo 8,703 1,387 1.50 11,223 16,140 23,211 Godade 13,483 2,098 13.50 17,388 25,005 35,959 3 Wagberi 23,381 3,360 39.50 30,152 43,361 62,358 Wagberi 23,381 3,360 39.50 30,152 43,361 62,358 4 Holidhan 8,800 1,394 48.70 11,348 16,320 23,470 Holdhan 8,800 1,394 48.70 11,348 16,320 23,470 5 Barawaqo 8,386 1,231 11.90 10,814 15,552 22,366 Barwaqo 8,386 1,231 11.90 10,814 15,552 22,366 Total 82,800 12,689 139.40 106,778 153,557 220,829 In the 2009 Population census Wajir Town had an estimated population of 82,800 people living in 12,689 households. At an average growth rate of 3.7% this population is to have risen to 106,778 people as of 2017. Utilizing a 20-year period design horizon the population will rise to 153,557 and 220,829 in the years 2027 and 2037 respectively. According to the 2019 census, the population of Wajir town stands at 90,116 people. This population stands to benefit from the proposed project. 3.1.2 Health and Education The town is the administrative and Commercial Centre of Wajir East Sub-County and has relatively high standards of social amenities. The Governors’s office has been constructed while other departments are operating within the governors` building with each department allocated an office at least. There are a number of primary and secondary schools some boarding while others are day schools. There is also the Wajir county referral hospital with a bed capacity of around 30. This is complemented by two private clinics. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 29 1) Health Provision of health services is affected by the few health facilities available. The county has a total of 109 health facilities comprising of 10 level IV hospitals, 26 health centers, 46 dispensaries, three nursing homes and 24 private clinics. The doctor patient ratio is 1:132,000 which is very low comparing with the national ratio of 1:5,000. There is need for the government to invest in more doctors. Due to scarcity of the facilities, people travel long distances to access health services with an average distance to the nearest health facility been 30 Km. In addition, the poor road network in the locality leads to many patients opting to forgo treatment. There is need therefore to put up staff houses and equip more health facilities as well as operationalizing the CDF and donor constructed dispensaries so that the community can access healthcare within 10 Km. Due to the infrastructure development and easy road access in Wajir Town, an influx of patients has increased in the Town. This has led to an improvement of health care. Table 3-2 shows some health facilities within Wajir County: Table 3-2: Health institutions in Wajir County Institution Type Managed by 1 African Inland Church Dispensary Dispensary Christian Health Association of Kenya 2 Alimaow Health Centre Health Centre Ministry of Health 3 Arbaqueranso Dispensary Dispensary Ministry of Health 4 Barwaqo Dispensary Dispensary Ministry of Health 5 Catholic Mission Dispensary Dispensary Christian Health Association of Kenya 6 Halane Dispensary Dispensary Ministry of Health 7 Hodhan Dispensary Dispensary Ministry of Health 8 Khorof Harar Sub-District Hospital Sub-District Ministry of Health Hospital 9 Konton Dispensary Dispensary Ministry of Health 10 Makoror Dispensary Dispensary Ministry of Health 11 Port Health Dispensary (Wajir Dispensary Ministry of Health East) 12 Riba Dispensary Dispensary Ministry of Health 13 Wagberi Dispensary Dispensary Ministry of Health 14 Wajir Beyond Zero Mobile Clinic Dispensary Ministry of Health 15 Wajir Bor Health Centre Health Centre Ministry of Health 16 Wajir County Referral Hospital District Hospital Ministry of Health 17 Wajir Girls Dispensary Dispensary Ministry of Health 18 Wajir TB Manyatta Sub - District Sub-District Ministry of Health Hospital Hospital Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 30 Figure 3-1 below shows the various existing health facility locations in Wajir Town. The health facilities are scattered within the town, with a limited number of private facilities in existence. Figure 3-1: Existing health facilities 2) Educational Institutions: Primary/Secondary schools, Polytechnics, colleges, universities There are 243 ECD centers with a total enrolment of 18,673 learners among whom 7,751 are girls and 10,922 boys. The teacher/pupil ratio is 1:77 and transition rate of 90 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 31 per cent. The Primary schools are 245 with a total enrolment of 67,187 pupils of which 40,864 are boys and 26,322 are girls. The total teacher population is 931and the teacher pupil ratio is 1:72 and primary school retention and transition rates are 51 per cent and 58 per cent respectively. There are 45 secondary schools with a total population of 10,363 students of which 7,216 are boys against 3,147 girls. Only 15 secondary schools are located in Wajir town. The total staffing stands at 395 and hence the teacher student ratio is 1:26. The completion and retention rates are 90 per cent and 87 per cent. Moreover, there are four youth polytechnics (Wajir, Habaswein, Khorof Harar and Griftu polytechnics) and one tertiary institution. (Wajir County, 2017) 3.1.3 Transport, Energy and Communication 1) Transport and Other Infrastructure Being a major Town in Nothern Kenya, the area is served by a wide network of roads. In addition, Wajir Town is home to Wajir Air strip which acts as an airport in Wajir County. Thus, the area is well served by transport network. Figure 3-2: Local road network Access in Wajir County is well versed with gravel roads linking various centres and surrounding towns. There is a new tarmac road network of approximately 28km within Wajir Town. The transport system is relatively poor and impassable during the rainy seasons. Public transport is very poor, having a few matatus taxis (four wheel drive based vehicles) and occasionally busses ply the route. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 32 The Government through its implementing agency the Rural Electrification Authority has been implementing various rural electrification projects in Northern Kenya this has improved the power distribution in Wajir Town. However, the interior centers in Wajir County are neglect of power. Such areas used diesel as a source of power to water pump generators. 2) Posts and Telecommunications: Post offices, mobile telephony, landline etc There are three mobile service providers namely Safaricom, Airtel and Orange. However, the mobile network connection is 20 per cent which is mainly limited to main settlement areas. The county has three post offices at Wajir Town, Habaswein and Griftu. There are also two private courier services. Wajir Town has six cyber cafes which facilitates communication with the rest of the country. In addition, there is Wajir community radio station which is operational. 3.1.4 Commerce and Industry Through the various priority economic policies, structural reforms and sectoral expenditure programs outlined by the county, the County Government is taking determined steps to address these challenges, bolster resilience to shock and foster sustained high and inclusive growth as part of the Strategy of achieving economic transformation for a shared prosperity. The implementation of programs, is expected to raise economic efficiency, productivity and in turn, make the county competitive, thus creating vast opportunities for productive jobs and securing livelihoods. Wajir Town has a few Jua Kali industries that offer artisan skill development eg. Tailoring, glass repair, small hotels, shops, water bottling and many more SME ’s. 1) Financial Institutions: Banks, SACCOs, Micro Finance Institutions The county has four commercial banks namely Kenya Commercial Bank (KCB), First Community Bank, Equity Bank and National Bank. First community has two branches one in Wajir and the other in Habaswein town, all the other banks have one branch in Wajir town only. There are 36 SACCOs and 78 cooperative societies. 2) Markets and Urban Centres There are 13 trading centers with the main ones being Wajir Town, Habaswein, Bute, Griftu, Kotulo, Buna, Eldas and Tarbaj. The main business is retail with 500 registered traders. In addition, there are 12 registered wholesalers. Wajir town is the major livestock market and also the main source of livestock sector inputs. Small selling points have been established in all the market centers mainly for local trade. 3.1.5 Wajir Demography Wajir is mainly inhabited by people of Somali origin. Major clans living in the county are the Hawiya and the Darod. The Hawiya consist of four sub-clans namely Ajuran, Degodia, Murale and Hawadle while the Darod consist of the Ogaden Sub-clan. Other ethnic groups including other Somali clans and sub-clans exist in small numbers. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 33 Clans into which the locals separate themselves include: Degodia, Ajuran, Ogaden, and Masare. Clannism is a factor to consider in development planning and distribution of resources. Most of the conflicts experienced are related to sharing of resources especially water and pasture for livestock. (Wajir County, 2017). The Degodia and Ogaden community inhabit the Lambib area. There are approximately 100 households in the project site area. 3.2 PHYSIOGRAPHIC AND BIOLOGICAL ENVIRONMENTAL CONDITIONS 3.2.1 Topography Most of Wajir County is virtually level to gently undulating plains rising in altitude to the north where they are interrupted by isolated inselbergs or discontinuous hills and ridges of erosion-resistant rocks. Physiographically, the County can be divided into; • a northern area of hills and ridges with intervening plains at altitudes ranging from 300 to 1,000 m (metres) and • a southern area of nearly featureless plains, sloping south and southeast from an altitude of about 300 m to sea level. There is no sharp boundary between these two areas. Moreover, to describe the topography in detail is difficult, mostly few form lines and a few spot altitudes. The northern physiographic area extends to the Ethiopian border in the north and to the Somalia border in the east. Its southern limit extends from the Somalia border approximately along the 2° north parallel, and the 300m contour, to Griftu, northwest of Wajir, thence in a north-westerly direction to the provincial boundary. The broad plains of the northern area are mantled by alluvial sand and silt and reddish sandy soils, underlain at relatively shallow depth by consolidated rock. The plains are interrupted by scattered rocky hills or ridges that have a height ranging from about 75 m to 750 m above the general surface of the plains. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 34 Figure 3-3: Elevation of Wajir County 3.2.2 Hydrology and Drainage Wajir County has one seasonal river and lake namely Ewaso Nyiro River and Lake Yahud respectively. The county is prone to seasonal flooding during the rainy season. The county's seasonal swamps and drainage lines serve as grazing zones during the dry season as well as for cultivation during the rainy seasons. The swamps are in Lagboghol area and in the western and southern part of Habaswein area. The county is generally covered with young sedimentary rocks with loamy soils in the north bordering the Ethiopian highlands. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 35 3.2.2.1 Project Site Topography The selected site for the boreholes is flat. It is situated about 9km from the Isiolo – Mandera Road in wajir. Lambib is accessible by gravel road. It is inhabited by a scattered population of Somali who use some of the land to grow fruit. Buildings in the area are primarily residential constructions of mud and sticks. Vegetation is scarce and scattered, consisting mainly of shrub, some of which is growing within the site. 3.2.3 Climate The climate is characterized by extreme variability in weather parameters such as temperature, with annual means decreasing and annual ranges increasing pole-ward, and relatively little precipitation. Wajir has a warm steppe climate with many warm days. The region may experience periods with extreme drought and may record not a single drop of rain for months. On average, nights are 10 degrees Celsius colder than days. Chances of precipitation are highest in April. The annual average temperature is 29.3 degrees Celsius. Total annual Precipitation averages 373.6 mm. Figure 3-4: Rainfall in Wajir County (Source-Meteorological department -Kenya) Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 36 Figure 3-5: Rainfall Distribution in Wajir county (Source-Meteorological department - Kenya) The driest month is October, with 0 mm of rainfall. With an average of 16 mm, the most precipitation falls in March as shown in Figure 3-5 3.2.4 Hydrogeology and Soils 3.2.4.1 Hydrogeology According to the Wajir water masterplan 2018, the hydrogeology of Wajir deep aquifer was studied using hydraulic models plotted/ contoured to show the spatial variations in the study area .The following discussion highlights the aquifer traits, water quality, geology, and discharge characteristics , amongst other parameters measured in the field. This is the area from Arbajahan to Hadado. It is generally noted that the aquifers are deep and have fresh water, but Hadado has productive saline to hard water aquifers. The set back here is the distance from Hadado /Arbajahan to Wajir town (approximately >100km). 3.2.4.1.1 Altitudes The altitude range from 240 to 350 for the deep aquifer zones of Wajir mainly from Arbajahan to Hadado/ Chandarua area. Figure 3-6 shows the altitude ranges in Wajir County. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 37 Figure 3-6 Altitude ranges of Western areas of Wajir County The quality of water improves as one nears the Merti aquifer to the West of Wajir County. The colour coding improve from blue to deep red. Where red is defined by having abundace of water as compared to blue having the least amount of water at around 7.5m3/hr. 3.2.4.1.2 Water rest levels (wrl) An overview of the wrl was assessed in the study area; showing the difference in the depth to access water. Areas within Wajir Town had a higher wrl as compared to Western parts of Wajir County. The shallow wells within and around Wajir Town had a wrl of up to 10m. Areas like Lambib, Wagalla, Rifeit among others had approximate wrl of less than 7m. Figure 3-7 showing the wrl in Wajir County; Here, the wrl values range from 5m to 170m bgl in the entire area. The coding shows the colur pink representing a wrl values <10m. Consequently, as the depth increases the colour changes to blue then green towards white representing deeper depths of around 70m, 80m to 170m respectively as you move to the west of Wajir County. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 38 Figure 3-7 Water rest levels 3.2.4.1.3 Depths Depths vary between 20 m and 280m bgl in the study area mainly from Hadado to Arbajahan. Figure 3-8 shows the change in depth as one moves towards the Western part of the Wajir County. The depth of the boreholes tend to increase to 280m towards the Merti Aquifer which has abundance of water. Figure 3-8 Borehole Depths within Wajir County Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 39 The coding increase from purple to blue to orange showing an increase in depth of borehole from 20m through 100m to a depth greater than 280m. The amount of water discharge increases as one nears the Merti Aquifer towards the West of Wajir County. 3.2.4.1.4 Geology The Geological orientation of Wajir County is of the The Daua limestone’s, measuring about 1200m in thickness near Melka Murri, outcrop in the northeast corner of Wajir County. Figure 3-9shows change in colour coding green 6.85 through to blue 8.05. the difference in geological orientation is with the levels/ thickness of limestone in the area. the lithological characteristics and thickness are shown in figure 3.9. Figure 3-9 Geology of study area 3.2.4.1.5 Discharge/ safe yield Discharge ranges between 3.0 and 30.0 cubic meters per hour. In the Hadado/ Arbajahan Zone, the probability of striking a high discharge well is higher. Figure 3-10show the discharge and safe yield amounts in Wajir County. Purple coding shows the amounts of discharge of approximately 3m 3/h with an increase to 30m3/h shown by the red coding. Figure 3-10 shows the discharge and safe yield abstraction levels for water. The figure indicates that the Western parts of the county are rich in ground water levels of abstraction. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 40 Figure 3-10 Discharge/safe yield 3.2.4.1.6 Water quality Water quality varies between hard, saline to fresh water in the study area. The colour coding indicates change in quality of water; red showing 30 is water of good quality (fresh) as seen in the model, coding 3.0 - 8.0 purple colour shows water quality saline in nature with a bit of hardness. The hardness is due to the high levels of limestone in the project area and corallite geology. Figure 3-11 depicts the quality of water in Wajir; Waters around Arbajahan shows a fresh water source and waters around Hadado showing a bit of salinity whereas Wajir Town and its environs show the hardness and salinity of the water due to lack of recharge areas and rainfall. Figure 3-11 Water quality Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 41 Figure 3-12: Model 14 - Water quality 3.2.4.2 Soils Wajir County is generally covered with young sedimentary rocks with loamy soils in the north bordering the Ethiopian highlands. The county has considerable deposits of Limestone and sand which are used in the local building industry. Fluvial sandstone in the Lamu basin is equivalent to the Mansa Guda sandstone found in the Mandera-Lugh and Anza basins. It comprises of coarse-grained arkosic sandstone with porosity between 10 and 15 percent. The sandstone grades vertically and laterally into lagoonal limestone and mudstone of the rare limestone and, farther seaward, to evaporites. Leheley area and parts of Kulaaley exhibit soils with high iron contents (Red Mould) while other soils especially near quarries in Leheley area and parts of Kulaaley exhibit soils with high salinity. 3.2.4.3 Surface and Superficial Soils Soil in the project area is distinguished on the basis of texture and colour. Hard red sandy and clayey soils overlie much of the Precambrian crystalline rocks, north of Wajir. Some of the valleys and broad low-lying plains, however, have grey or brown clayey soils. The Jurassic limestone commonly are overlain by grey calcareous silty soils. The soils overlying the alluvial deposits fall generally into two types, according to source material and subsequent sorting and redeposition: 1) well-drained sandy soils ranging in colour from white to red and 2) silty and clayey, poorly drainable soils which are gray to black in colour. 3.2.5 Biodiversity Wajir County has no gazetted forest but has 1.99 percent woodland cover of Kenya's 6.99 forest cover. However, most of the vegetation cover is comprised of woody trees and shrubs used for grazing by domestic animals and wildlife. The dominant species is Acacia-Commiphora woodlands/trees which produces gums and resins that are only second to livestock in terms of supporting economic livelihoods in the county. The main forest products include gum and resin, charcoal, firewood, posts, barks, honey, wood carvings and wild fruits. Gums and resins are products that have high value in the international markets. It is used in many applications including cosmetics and pharmaceuticals, paints, confectionaries and soft drink industries, manufacture of acaricides and pesticides, among others. In terms of wildlife, Wajir County is endowed with various game species like ostrich, hyenas, gazelles, lions, zebras, giraffes, warthogs, snakes and birds. At Lambib project site area, giraffes were noted browsing and birds hovering around. 3.3 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY The socio-economic situation of the area was captured based on findings of a household survey carried out using a structured questionnaire. A sample group of 200 households, Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 42 distributed within the project site was interviewed for purposes of the analysis. A sample group of approximately 50 households per project site (Borehole site and along the raising mains together with the distribution network), selected through random sampling was interviewed for purposes of the analysis. The population at the project site is sparsely distributed with most people residing at the Lambib centre. The dissemination of ESIA questionnaires to the project affected people was done through enumerators employed by the consultant from within the project site who could speak the local language (somali) fluently. This aided in translating the information carried in the ESIA questionnaire to the locals who could not understand the English language. The enumerators were trained on how to disseminate the information in the ESIA questionnaire to the affected people. 3.3.1 Household Characteristics The general trend shows that most of the people fall in the 6-18 and 19-35 Yrs age groups. This is shown in the figure below. Household Members by Age Group Over 65 Yrs 50 - 65 Yrs 5% 2% 36 - 49 Yrs 0 - 5 Yrs 8% 22% 19 - 35 Yrs 28% 6 - 18 Yrs 35% Figure 3-13: Household Members by Age group A majority of the population has attained a basic level of education and can therefore read and write. 41% have attained a primary school education and 24% a secondary school education. Only 6% have attained a college education and 29% are not educated. The literacy level for Wajir County stands at 74% while the country’s literacy level stand at 82% according to UNESCO. More efforts need to be put by the county of Wajir with the help of the Ministry of Education to ensure that more population receives the much needed education. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 43 Household Literacy Level College/ university 6% No Education 29% Secondary 24% Primary 41% Figure 3-14: Household Literacy Level 3.3.2 Socio-Economical Activities and Land Use Patterns 11% of the households are formally employed, and an equal number informally employed. 40% own businesses and 25% are livestock farmers who practice farming on community land. Due to the climate of the project area, only 3% are involved in farming activities. 10% of surveyed respondents were nomadic pastoralists. Household Head Occupation / Economic Activity Crop farming 3% Informal employment 11% Livestock farming Pastrolism 25% 10% Formal employment 11% Business 40% Figure 3-15: Household Head Occupation 12% of business owners run M-PESA shops, 39% run shops, 18% do groceries business and 13% have jua - kali shops. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 44 Bodaboda(Bicycle/ Type of Business motorbike) 18% Shop 39% Grocery 18% Jua kali 13% M-pesa 14% Figure 3-16: Business Type Figure 3-17 show the livestock found in the project site (Source; Respondents). Livestock Other 1% Camel Cow 12% 13% Goats 30% Sheep 31% Donkey 13% Figure 3-17: Types of Livestock Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 45 54% of income earners earn less than kshs 15,000 per month, 38% earn between kshs 15,000 and 30,000 and 8% earn more than kshs 30,000. Average Household Income per Month Above Kshs. Kshs. 30, 001 - 50,001… 50,000 3% Kshs. 15, 001 - Less than Kshs. 30,000 15,000 38% 54% Figure 3-18: Household Income 98% of residents are Muslim, and only 2% are Christians. Religion Christian 2% Muslim 98% Figure 3-19: Religion 88% of surveyed households use firewood and 12% use charcoal for cooking. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 46 Fuel Charcoal used by Households 12% Firewood 88% Figure 3-20: Types of Fuel 3.3.3 Sources and Quality of Drinking Water The most common source of water for Wajir town is ‘shallow wells’. 65% of respondents use shallow wells, 10% use private boreholes, 22% use private taps and only 3% use public taps that source water from boreholes managed by WAJWASCO. Common Source of Water Private tap 22% Public tap 3% Borehole Shallow well 10% 65% Figure 3-21: Sources of Water Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 47 93% of respondents consider the water they use to be of fair quality, the remaining 7% consider the water to be of good quality. Water Quality Good, 7% Fair, 93% Figure 3-22: Quality of Water 85% of respondents fetch water every day. Of the remaining 15%, 10% fetch water once a week and 5% fetch water on alternate days of the week. Fetching Water Frequency Every alternate day of the week 5% Once a week 10% Every day 85% Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 48 Figure 3-23: Frequency of Fetching Water 58% of respondents rated the existing water supply as inadequate. Water Supply Adequacy Adequate 42% Not adequate 58% Figure 3-24: Adequacy of Water Supply 3.3.4 Distance to and Ownership of Drinking Water Sources The majority of Wajir residents travel less than a kilometre to get their water. 52% travel less than 0.2 kilometres and 14% travel up to a kilometre. 13% travel up to 2km and 21% travel more than 2km. Considering that it is the poorest families that travel the longest distances, and that they have to do this every day or on alternate days, a lot of time and energy is spent just on water collection. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 49 Distance to Water Source Above 2 KM 21% 1 - 2 KM Less than 0.2 13% KM 52% 0.2 - 1 KM 14% Figure 3-25: Distance to Water Source Water sources are primarily privately owned with private sources accounting for 63% of water used by respondents. 32% of water sources are public, 4% owned by faith based organisations and 1% had been set up by NGO’s. Ownership Status of the Water Source NGO 1% Public 32% Private 63% Faith based 4% Figure 3-26: Ownership of Water Sources Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 50 3.3.5 Cost of Drinking Water 56% of respondents said that they paid for water, and 44% said that they did not pay. Of the paying respondents, 46% paid kshs 5, and 28% paid kshs 10, 2% paid 2 kshs and 5% paid more than kshs 10. Per 20 litres jerry can. Water Payment No , 44% Yes , 56% Figure 3-27: Payment for Water Payment for 20 ltr Jerrican Above Ksh 10 5% Ksh. 2 21% Ksh. 10 28% Ksh. 5 46% Figure 3-28: Cost of 20l of Water Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 51 3.3.6 Common Modes of Transporting Water and Challenges Faced The most common method of transporting water is by rolling jerrican on the ground. This accounted for 33% of respondents surveyed while 26% of respondents carried the jerrican on the head. 18% of respondents use pack animals, 13% use motorised vehicles and 10% use wheelbarrows. 47% of respondents complained of time loss due to long trips involved with fetching water. 24% complained of physical fatigue, 12% missed school to obtain water, 8% had had conflicts with wild life, and 9% complained of an irregular water supply. Mode of Transporting Water Trucks [] Pack Carry on the animal(donkey/ca head mel) 26% 18% Hand driven cart/weelbarrow 10% Rolling the water jellican on the ground 33% Figure 3-29: Modes of Transporting Water Challenges Faced with Water Supply Human wildlife conflict Lack of 8% water 9% Student missing school Loss of time 12% 47% Physical fatigue 24% Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 52 Figure 3-30: Challenges Related to Water Supply 3.3.7 Waste Disposal Burying is the most common method of waste disposal, accounting for 45% of respondents. 27% have their waste collected by the county, and 25% dump their garbage and waste in undesignated areas. Only 3% of respondents burn their waste. Waste Disposal Method Dumping in the area 25% Composit pit/burying 45% Burning 3% Collection by the county 27% Figure 3-31: Methods of Waste Disposal 3.3.8 Availability of Toilet Facilities 57% of respondents had access to toilet facilities, with 32% using bucket toilets, 29% using toilets connected to septic tanks, 12% using pit latrines, and 1% using mobile toilets. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 53 Household with Toilet No 43% Yes 57% Figure 3-32: Households with Toilets Mobile toilet Type of Toilet 1% Flush system connected to the sewer line Bucket toilet 26% 32% Flush system with Septic tank 29% Pit latrine 12% Figure 3-33: Types of Toilets 3.3.9 Awareness of the Proposed Project Public awareness of any infrastructure project plays a key role in the success of it`s implementation. Only 29% of surveyed respondents were aware of the project. More effort ought to be put in place by the county government of Wajir and WAJWASCO to ensure that the local population is informed about the project to ensure its success. If Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 54 more people are aware of the proposed works, then, the implementation of the project is abit easy and vice versa. Knowledge on Proposed Works Yes 29% No 71% Figure 3-34: Knowledge of Project 3.3.10 Perceived Impacts of the Project 70% of respondents pointed out that they expect that the project will have positive impacts. The expected impacts are broken down in Figure 3-35 below. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 55 Effects of Proposed Works Adverse [] Positive [] Figure 3-35: Effects of Proposed Works Positive Effects Employment for the youth 4% Reduced livestock diseases 14% Improved business 16% Reduced cases of waterborne diseases 19% Improved hygiene 47% Figure 3-36: Expected Positive Effects of Project Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 56 Adverse Effects Dust and noise 39% Soil erosion 19% Demolition of structures 19% Interruption of services (water, electricity, transport) 17% Loss of trees/crops 6% Figure 3-37: Expected Adverse Effects of Project How to Mitigate Adverse Effects Educate the public and the construction crew on health and 49% safety Install storm water drains 30% Inform the public about any interruption of services 13% Compensate the structure / crop / trees owners 6% Avoid night time construction 1% Figure 3-38: Mitigation of Adverse Effects 3.3.11 Common Diseases Malaria account for 51% of illnesses. Infections linked to contaminated water, diarrhoea and cholera account for 28% of illnesses. Common Diseases Malaria 51% Diarrhea 19% Cholera 9% Malnutrition 6% Eye problem 6% Respiratory infections 5% Intestinal worms 5% Figure 3-39: Common Diseases Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 57 83% of respondents visit health centres and hospitals when sick, and 13% take herbs. Only 2% said that they visit traditional doctors. Visit a traditional Measures Taken when Sick doctor 2% Take herbs 13% Seek medical attention from a health centre 85% Figure 3-40: Measures Taken in Case of Illness 75% of respondents said that they visit public hospitals, and 13% visit private hospitals. The remaining 12% visit faith-based facilities and traditional doctors. Ownership Status of Health Facilities Faith based 4% Traditional 8% Private 14% Public 75% Figure 3-41: Ownership of Health Facilities Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 58 Distances travelled to access medical facilities ranged from 1 to 5 kms. 45% of respondents travelled less than a km, 22% travelled 1 to 3km, 15% travelled 3 – 5km and 18% travelled more than 5km. Distance to Health Facility Above 5 KM 18% Less than 1 KM 3 - 5 KM 45% 15% 1 - 3 KM 22% Figure 3-42: Distance to Health Facilities 3.3.12 HIV and AIDS Issues 3.3.12.1 Awareness and Sources of Information HIV/AIDs remain a major health challenge in Kenya and infrastructure projects have been found to have a significant bearing on its spread. The HIV prevalence for Wajir County is 1% according to AIDS and STI Control programme 2018. More awareness campaigns need to be run by the county government and Wajir to ensure that more people are aware of the Disease and curb its spread. In the project area, 89% of respondents said they were aware of the existence and spread of HIV/AIDS. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 59 HIV/AIDS Never heard 11% Heard 89% Figure 3-43: Knowledge of HIV/AIDS Respondents said that they received information on HIV from the sources shown in the figure below. Source of HIV/AIDS Information Radio/TV 60% Religious leaders 22% Health worker/ clinic 6% Poster 4% Newspaper 3% Relative/ friend 3% Billboards 2% NGO / CBOs 1% Figure 3-44: Sources of Information of HIV/AIDS Only 1% of respondents said that they had a family member or relation with HIV. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 60 Household Member Affected by HIV/AIDS Yes 1% No 99% Figure 3-45: Households Affected by HIV/AIDS 3.3.12.2 HIV/AIDS Testing and Prevention 28% of respondents believe that AIDS can be prevented, while 28% believe that it cannot be prevented. Only 40 of respondents knew where to go for HIV voluntary testing. Efforts should be increased to sensitize people on the spread and effects on HIV and inform them on where they can get testing and counselling. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 61 HIV/AIDS Prevention Not be prevented 28% Can be prevented 44% Don't know 28% Figure 3-46: Knowledge of HIV/AIDS Prevention Those who know where to go for HIV/AIDS Voluntary Testing Yes 40% No 60% Figure 3-47: Knowledge of Location of VCT Centers Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 62 a. Environmental Issues in the Project Area i. Key Issues of Environmental Concern Key environmental issues as raised by respondents are shown in the figure below. Environmental Issues of Concern Drought 3% Solid waste 6% Overgrazing 8% Mosquitoes and malaria spread 12% Water shortage 64% Figure 3-48: Environmental Issues of Concern ii. Ongoing Environmental Conservation Initiatives Ongoing conservation initiatives identified were as shown in the figure below. Tree Planting, educating the public and cleaning of mosquito breeding sites are the major environment conservation initiatives and are performed primarily by the county council and by community based organisations. 45% of respondents were of the opinion that the proposed project would improve the environmental and living conditions in the area. Environmental Conservation Initiatives Collection of solid Tree planting wastes 15% 13% Cleaning of mosquito breeding sites 14% Educating the public 58% Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 63 Figure 3-49: Conservation Initiatives Those Involved in Conserving the Environment County council 45% Community Based Organizations 42% Non Governmental Organizations 8% Women groups 4% Youth groups 4% Figure 3-50: Groups Carrying Out Initiatives Proposed Work Help in Environmental Conservation Yes 45% No 55% Figure 3-51: Positive Opinion of Project on Environment Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 64 4 STAKEHOLDER ENGAGEMENT AND PUBLIC CONSULTATION 4.1 GENERAL Public and stakeholder consultation is required under the Amended Environmental Management and Coordination Act (2015) as well as the Environmental Impact Assessment and Audit Regulations (2003). Public and stakeholder consultation is useful for gathering environmental and socio-economic information, understanding likely impacts, determining community as well as individual preferences. Through this process, stakeholders have an opportunity to contribute to the overall project design by making recommendations and raising concerns. In addition, the process creates a sense of responsibility, commitment and local ownership for smooth implementation of the project. Effective public participation requires the availability of adequate information in public inputs. The latter involves various values, critiques, questions, information, suggestions and other inputs, which are expressed by individuals, groups or organizations among the general public in an attempt to influence decision-making. Public consultations with Interested and Affected Parties (IAPs) were done in order to: • inform the local people, leaders and other stakeholders about the proposed project and its objectives; • initiate public involvement processes, in a bid to induce and cultivate a sense of peoples’ belongingness to the project; • suggest and facilitate the peoples’ roles in the project’s sustainability, in terms of management, maintenance and productivity; • seek views, concerns and opinions of people in the area concerning the project. • establish if the local people foresee any positive or negative environmental effects from the project and if so, how they would wish the perceived impacts to be addressed; • find out if there are issues or places of cultural/or religious importance to the local communities that could be negatively impacted upon by the project and its infrastructure. 4.2 APPLICABLE LAWS, REGULATIONS AND POLICIES TO PUBLIC ENGAGEMENT The Environmental Management and Coordination Act (2015) as well as the Environmental Impact Assessment and Audit Regulations (2003) and the WB Policy guidelines set out the minimum requirements for stakeholder consultation and engagement. Further details of the legal and regulatory requirements that apply to the project are provided in Chapter 6 of this report. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 65 4.3 PUBLIC PARTICIPATION METHODOLOGY Public participation was mainly achieved through direct interviews, observations, questionnaire administration and a public meeting. The ESIA team began the public consultation process by holding preparatory meetings to strategize on how to engage the stakeholders in the ESIA process. This was done in consultation with WAJWASCO and the County Administration including chiefs and the County Health Officer, who helped in the process of identification of the significant stakeholders who could provide data relevant to the proposed project. The following is a detailed discussion of public consultation methodology used by the ESIA team. 4.3.1 Key Informant Interviews Issues of concern regarding projects like borehole projects often revolve about matters such as pollution, biodiversity loss, community safety, communicable diseases and employment and trade opportunities. Efforts were made to contact all with the information on the following issues; ✓ Assessment of the baseline environmental and social conditions. ✓ Consideration of feasible and environmentally & socially preferable alternatives. ✓ Requirements under Kenya country laws and regulations, and World Bank Guidelines. ✓ Protection of human rights and community health, safety and security (including risks, impacts and management of project’s use of security personnel). ✓ Protection and conservation of biodiversity. ✓ Sustainable management and use of renewable natural resources (including sustainable resource management through appropriate independent certification systems). ✓ Use and management of dangerous substances and major hazards assessment. ✓ Labour issues (including the four core labour standards), and occupational health and safety. ✓ Socio-economic impacts & fire prevention and life safety. ✓ Impacts on affected communities, and disadvantaged or vulnerable groups. ✓ Cumulative impacts of existing projects, the proposed project, and anticipated future projects. ✓ Consultation and participation of affected parties in the design, review and implementation of the project. ✓ Efficient production, delivery and use of energy. ✓ Pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 66 As such a cross-section of persons were consulted in Wajir County as indicated by the following consultation registers in Table 4-1. Public consultations were also conducted at the project sites and minutes attached as in Appendix B. Table 4-1: Key Stakeholders met No. Name Office Designation 1 Eng Ahmed Omar WAJWASCO Managing Director 2 Mr Katwa Wajir County Public Health Director 3 Mr. Nasri Harun Wajir County Town Administrator 4 Abdullahi Hassan Wajir County County planner 6 Noor Mohamed WAJWASCO CCO Health 4.3.1.1 Overview from the Managing Director – Wajir Water and Sanitation Company The MD acknowledged the challenge with waste disposal and access to water in Wajir. He said that the a more reliable source of water was needed in the town and in the surrounding areas. In its current state, the population of the town would soon outstrip the water supply. Most of the boreholes in the town were owned by private individuals and most of these were being used to serve commercial institutions like hotels. These did not serve the greater public, so other sources of water were required. The MD indicated that it would be ideal if metered connections were implemented, but water kiosks would go a long way in serving the people of Wajir. The system currently being used involved prepaid cards and if properly maintained, it could provide enough revenue to keep the system running. The issues attached to the boreholes were being dealt with. The issues include having proper consultation with the community and meeting the previous promises the County government of Wajir had made. This was being done with th e aid of MCA’s and chiefs from the areas of Lambib. The people of Lambib had supported the project and were willing to have the boreholes set up in the area. There had been a meeting with the community members of Lambib and officials of the County Government of Wajir and agreements had been made on what the people expected the County to do for the project to proceed. Minutes of the public consultation meeting are attached on APPENDIX B. 4.3.1.2 Overview from the County Public Health Director The Public Health Director acknowledged the need for the project. Illnesses were very common in the area and a sustainable supply of clean and potable water would alleviate the situation. During the rainy season, it was common to have water in the shallow wells getting contaminated from running ground water and with shallow wells being the primary source of water for the people of Wajir, illnesses like typhoid and cholera were very common during the rainy season. The method used to control the spread of these Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 67 diseases is shock chlorination which involves dropping chlorine pellets in the wells, but it is often not sufficient to keep the spread in check. This happens because people often revert to using standing water fetched from the side of the roadside when the water from the shallow wells is not sufficient. Waste management was also a problem in Wajir. Most of the people bucket toilets and this has presented a challenge since the infrastructure and equipment is not sufficient to maintain them. The result is that they are often full and overflowing. This is a source of the contamination that makes its way into the shallow wells during the rainy periods. An improvement of the capacity and available equipment for cleaning the toilets was needed. Malaria was also prevalent in the area. The source was the mosquitoes that breed in poorly maintained wells. This was worse during the dry season when water levels in the wells fell and people stopped using the shallow wells, allowing the mosquitoes to grow in the water. He said that alternative sources of water were needed. 4.3.1.3 Overview from the Town Administrator. The Town Administrator said that water demand in the area was far greater than the supply. The increasing population would put a significant strain on the existing supply. The existing water distribution infrastructure would need to be added upon if it was to meet the demand. He said that the improvement of the water supply infrastructure would lead to an increase in the demand and it was necessary to find other sources of water. The problems that had been experienced with the location of the boreholes were being handled with handled with the help of the area MCA’s who were being engaged by PCU members. The people of Lambib had expressed their willingness to have the boreholes drilled in the area. 4.3.2 Questionnaire Administration ESIA questionnaires were prepared by the consultant and administered to the sampled households in the project area. The consultant employed enumerators from the project sites who could speak in the local language (Somali) so that they could aid in the dissemination of the information carried on the questionnaire to the local populace. The enumerators were trained on questionnaire administration and briefed about the project. The team then organized visits to meet the representatives of all the stakeholders identified e.g, the local community, local leaders, MCAs and water representatives., whom they met and spent considerable time with, and held discussions with them on their opinions about the proposed project. The MCAs and the chiefs together with the community elders were met at the WAJWASCO offices while the general public was met at the project site (borehole site). Minutes of the public consultation meeting are attached on APPENDIX B. 4.3.3 Public Participation Meetings A Public Participation meeting was held on the 3 rd of September at Lambib Chief’s office The purpose of the Meeting was to, Interview a number of people simultaneously while generating a dialogue about issues regarding the proposed project, establish different Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 68 values or perspectives within a community about the water project and Provide information and an opportunity to key stakeholders to ask questions about the water project and more importantly, disseminate information about the water project the locals. In attendance was the chief from Lambib and representatives of the Project Affected Persons. 4.3.3.1 Issues Discussed During the Public Participation Meetings 1) Acceptance of the Project The public indicated that they were ready for the project. Issues that had prevented the project going forward had been discussed at length in meetings with WAJWASCO and Wajir county Government representatives. They had agreed on what matters that were to be fulfilled before the project proceeded. They agreed that; i. The Lambib community would get the water first, ii. The water would be piped to every household in the area iii. Community members would be given priority for any jobs that they were qualified to do. The county also agreed that it would; i. Drill and equip a borehole in the area dedicated specifically and only to the Lambib community. ii. Construct a dispensary in the area iii. Construct public toilets in the area iv. Construct a market in the area v. Pipe water to the school in the area vi. Pipe water to the chief’s office vii. Improve the road to the area viii. Construct street lights in the area The borehole dedicated to the community had been sunk as a test borehole but it was yet to be equipped. The community was ready for the project on the other four (4) boreholes to proceed and would not get in the way of the construction as long as the Wajir County Government fulfilled the agreed upon matters. A committee would be formed that would work with WAJWASCO to follow up with the county government on the projects to be fulfilled by the Wajir County as agreed with the Lambib community. 2) Availability of water The community members were eager to get the water. Concerns about the dwindling of water in the upper aquifer were also raised. This would be mitigated by casing the borehole as indicated by the consultant. The Lambib community had agreed with the County of Wajir and with WAJWASCO that water from test borehole would be dedicated to them. 3) Work and employment for the locals The local community members were eager to take on the works. As the works would be tendered by the contractor during the construction period, the locals would get the jobs Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 69 that they were qualified to do and the contractor will outsource skilled personnel that may not be locally available. The locals would also be involved in the running of the project once it was implemented. It would be members of the community managing the water kiosks. Figure 4-1: Consultant and WAJWASCO Rep addressing the public 4.3.4 Consultation During the Project Duration Continuous consultation will be carried out throughout the construction phase of the project using focus group discussions to ensure interested stakeholders are aware of construction procedures and provide a forum for feedback and recommendations for implementation in the construction. Interested stakeholders and the recommended means of communicating with them is summarised in the table below. Table 4-2: Means of Communication with External Stakeholders by the community Stakeholder/s Type of Responsibility Timing communication External Stakeholders Local administration Public meetings Contractor / Throughout representatives and monthly KIMAWASCO project Chiefs and Ward project progress implementation Representatives updates phase Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 70 Interested NGOs and Local media (Radio Contractor / Throughout the other civil societies stations) ESIA, WAJWASCO implementation of operating in Wajir disclosed ESIA at the Project location level. Translated copies of ESIA executive summary in local language Relevant National Official Contractor / During project Government and correspondence WAJWASCO design, construction County Government and meetings, and Authorities progress reports implementation Permitting procedures Kenya National Official Contractor / During project Museums due to correspondence and WAJWASCO Construction phase chance find clause of meetings OP 4.11 on physical cultural resources Permitting procedures Table 4-3: Means of Communication with Internal Stakeholders by community members Internal Stakeholders Employees Notice boards, Contractor Throughout (Contractor,) email, code of project conduct, implementatio Grievance n phase Redress Casual workers Notice boards, Mechanism, Contractor Throughout and temporary email, Grievance ssssssstaffmeeti project staff Redress implementatio ngs Mechanism, n phase meetings, staff code of conduct In addition, there is a grievance redress procedure which is provided in Chapter 0 of this report. 4.3.5 Community Relations in Construction Phase The primary responsibility for liaison will be borne by the Contractor who will develop his/her own plan and more detailed proposals for community liaison. This will build on the approach outlined in this section. All potential contractors will be required to draw up this plan as part of the tender process. The objectives of the Community Relations Programme will be to: • Provide local residents with regular information on the progress of work. • Inform the project contractor of any community related issues that may impact construction. • Monitor implementation of mitigation measures and the impact of construction via direct monitoring and feedback from Project area. • Identify any significant emerging issues during the construction period • Manage any complaints against the project contractors from local residents Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 71 The role of community relations officer will be assigned to someone whose responsibilities will be: • The de-escalation of grievances that have not been resolved in either tier of the proposed GRM • Maintenance of records of all grievances lodged and resolved. 4.3.6 Construction Contractor’s Role in Community Liaison The Contractor will be required to adhere to the requirements of the Environmental and Social Management Plan (ESMP) that sets out how the contractor will meet and monitor the mitigation measures recommended by the Plan. The role and responsibilities of the Contractor’s Community liaison include: • Provide primary interface between project and affected or interested persons; • Coordinate and implement required pre-construction activities, namely; • Produce management plans for community relations, construction camps and transport; train staff with community relations responsibilities; • Implement induction training workshops for all construction staff; • Assist in local recruitment process; • Ensure on-going communication with project and affected or interested persons. 4.3.7 Community Relations in Operational Phase The objective of the Community Relations Programme in this Phase will be to: • Maintain constructive relationships among the local residents to assist in the operation of the facilities; • Maintain awareness of safety issues among local residents in the project area; • Ensure compliance with land use constraints among land owners in the project area 4.3.8 Grievance Redress Management Plan This ESIA provides for a Grievance Redress Mechanisms (GRM) which includes instruments, methods and processes by which a resolution to a grievance is sought and provided. This is discussed in detail in section 0 of this report. The proposed structure of GRM was also discussed with the Lambib community in a meeting held on December 5, 2020 (See Appendix B). Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 72 5 ALTERNATIVES TO THE PROJECT This chapter describes and examines the various alternatives available for the project. The consideration of alternatives is one of the more proactive ways of environmental assessment. This calls for the comparison of feasible alternatives for the proposed project site, technology, and/or operational alternatives. An important alternative to be analysed always is the “no action”. This is a very important analysis because it helps the proponents measure the impacts from the project against those which would have taken place without the project. 5.1 NO ACTION ALTERNATIVE Without the project, the environmental situation will not improve but it might with time deteriorate. Development of the project on the other hand will improve water provision to the communities living within and around Wajir town. The no-project option will however lead to the following negative and long-term impacts: i. Water availability will continue to dwindle as the existing water sources are stretched to their limit. ii. Exposure to health risks will increase and incidence of diseases will also increase iii. Food security will be threatened iv. Population growth in the area as well as economic growth will stagnate This is therefore not a preferred alternative. 5.2 ALTERNATIVE SOURCES OF WATER PREVIOUSLY INVESTIGATED IN THE PROJECT AREA 5.2.1 Water Pans Surface water pans are a viable source of water supply in Wajir rural areas especially for livestock consumption. However, due to poor water quality, low yields, short perennial lifespans of 2 months and siltation, surface water pans cannot be a sustainable source of water for Wajir town. The complexity of treatment alone due to high turbidity and microbial contamination, let alone the insignificant yields would make pans not viable for potable water supply. 5.2.2 Dams A dam site has been identified 7km North of Bute town in Wajir north, located about 240km from Wajir town, which has been designed and is currently at tender stage. The yield of Bute Dam is about 6700m 3/day, which has been projected to serve some 16 settlements in Wajir North and partly Moyale town. Therefore, the yield is not enough to serve Wajir town and all the town routes like Eldas and Griftu. Another dam site with an ideal natural landform for good reservoir has been identified just south of Gurar town. The catchment area is about 10km2 and the mean annual rainfall is about 700mm per annum. The sustainable yield of this reservoir, if it were to be developed would be 1,500m 3/day using the development template for Bute dam, a few kilometers away. The major disadvantage of this dam site is the distance to Wajir Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 73 town, 220km away and the low yield as compared to Wajir town intermediate water demand of 16,359m3/day, over 10 times more. So, the dam site cannot be a sustainable source of water supply for the intermediate term to ultimate term design horizon. 5.2.3 Tana River Tana River is the largest river by mean discharge in Kenya. Analysis of data at RGS 4G01 Tana at Garissa gives a long-term mean daily discharge of 166.68 m 3/s which is 14,400,988 m3/d over a period of 75 years from 1941 to 2016. This means that the river has sufficient water to cover the water demand in Wajir town. This option was however considered too expensive as the water would have to be pumped more than 200km for it to reach its destination. The river is also very turbid and would require continuous treatment which would also increase the cost of the project. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 74 6 RELEVANT LEGISLATIVE REGULATORY AND POLICY FRAMEWORK There are many laws and regulations governing issues of environmental concern in Kenya. The principal National legislation is the Environmental Management & Coordination Act Cap 387 typically referred to as EMCA. EMCA empowers stakeholders to participate in sustainable management of the natural resources. It calls for Environmental and Social Impact assessment (ESIA) (under Section 58) to guide the implementation of environmentally sound decisions. Projects likely to cause environmental impacts require that an environmental impact assessment study to be carried out. It is under this provision that the current study is being undertaken. In addition to the local legislation, the ESIA study has identified some World Bank Policies of relevance to the project. The following is an outline of the legislative, policy and regulatory framework for which the Proponent will observe and implement in an effort to comply with Environmental and Social Sustainability. 6.1 KENYAN GOVERNMENT POLICY PROVISIONS 6.1.1 Land Policy The National Land Policy (NLP), 2009 has a vision to guide the country towards a sustainable and equitable use of land. The land policy calls for immediate actions to addressing environmental problems that affect land such as degradation, soil erosion and pollution. For instance, the policy stipulates the principle of conservation and management of land based natural resources, the principle of protection and management of fragile and critical ecosystems including wetlands and arid lands. The policy further calls for extensive overhauls to current policies and institutions in an attempt to address chronic land tenure insecurity and inequity. The National Land Policy designates all land in Kenya as public, private (freehold or leasehold tenure), or community/trust land, which is held, managed and used by a specific community. This land policy has thus been formulated to address the critical issues of land administration, access to land, land use planning, restitution of historical injustices, environmental degradation, conflicts, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management. 6.1.2 The National Environmental Action Plan (NEAP) The NEAP 2009- 2013 (2009) provides a framework for the implementation of the Environment Policy and realization of the National Millennium Development Goals and Vision 2030. The plan outlines measures to combat climate change including mitigation and adaptation, improving inter-sectoral coordination, mainstreaming sustainable land management into national planning, policy and legal frameworks and undertake research on impact of climate change on environmental, social and economic sector. The plan also aims to increase the country's forest cover and adopt economic incentives for management of forest products. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 75 6.1.3 Sessional paper No. 6 (1999) The aim of this policy is to harmonize environmental and development goals so as to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development. The World Commission on Environment and development recommends development that produces no lasting damage to the biosphere and to particular ecosystems. Economic sustainable development is that in which progress towards environmental and social sustainability occurs within available financial resources. Similarly, social sustainable development is development that maintains the cohesion of a society and its ability to help its members to work together to achieve common goals while at the same time meeting individual needs of the members 6.1.4 National Gender and Development Policy The National Gender and Development Policy provide a framework for advancement of women and an approach that would lead to greater efficiency in resource allocation and utilisation to ensure empowerment of women. The National Policy on Gender and Development is consistent with the Government’s efforts of spurring economic growth and thereby reducing poverty and unemployment, by considering the needs and aspirations of all Kenyan men, women, boys and girls across economic, social and cultural lines. The policy is also consistent with the Government’s commitment to implementing the National Plan of Action based on the Beijing Platform for Action (PFA). The overall objective of the Gender and Development Policy is to facilitate the mainstreaming of the needs and concerns of men and women in all areas in the development process in the country. This law will be of relevance to the contractor in ensuring that all genders are given an equal opportunity during recruitment during the construction phase and operation phase of the project. The employers will also provide adequate facilities for all genders within the project site. 6.2 LEGAL FRAMEWORK OF THE GOK IN REGARD TO LAND OWNERSHIP AND TRANSACTIONS 6.2.1 The Constitution of Kenya 2010 Article 42 states that every person has the right to a clean and healthy environment. This includes the right to have the environment protected for the benefit of present and future generations through legislation and other measures. Chapter 5 Part 1 dwells on land, outlining the principles informing land policy, land classification as well as land use and property. The constitution states that the land in Kenya belongs to the people of Kenya collectively as a nation. The constitution classifies the land in Kenya into different categories. These categories will dictate whether compensation will be required for the acquisition of a way leave. The categories include: private land, public land and community land. Private land is that which is owned by an individual under freehold or leasehold. Public land is vested in the government for the benefit of the people. This is managed by the National Land Commission on behalf of the national and county Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 76 governments. Community land consists of land lawfully held, managed or used by specific communities as community forests, grazing areas or shrines or ancestral lands and lands traditionally occupied by hunter-gatherer communities. Chapter 5 Part 2 directs focus on the environment and natural resources. It provides a clear outline of the state’s obligation with respect to the environment, stating that the state shall: Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; • Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; • Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; • Encourage public participation in the management, protection and conservation of the environment; • Protect genetic resources and biological diversity; • Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; • Eliminate processes and activities that are likely to endanger the environment; • Eliminate processes and activities that are likely to endanger the environment; There are further provisions on enforcement of environmental rights as well as establishment of legislation relating to the environment in accordance to the guidelines provided in this chapter. The project should ensure compliance with the constitution in so far as equitable sharing of the resources between the stakeholders. Further, the project should ensure the sustainability of livelihoods and biological resources within the project areas are protected. Any development proposals should also be cognizant of the increased powers under the Constitution given to communities and individuals to enforce their rights through legal redress 6.2.2 Land Ownership in Kenya Kenyan law recognises three categories of land in Kenya subsequent to which, basic or radical title vests either in the Government for public land, registered owners for private land, and communities for community land. 6.2.2.1 Public Land Public land includes all: • land lawfully held, used or occupied by any State organ • land transferred to the State by way of sale, reversion or surrender • government forests, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas • all roads and thoroughfares provided for by an Act of Parliament • all rivers, lakes and other water bodies as defined by an Act of Parliament Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 77 • the territorial sea, the exclusive economic zone and the sea bed • any land not classified as private or community land under this Constitution • any other land declared to be public land by an Act of Parliament Public land is held by a County Government or the National Government in trust for the people resident in the county or the people of Kenya respectively, and is administered on their behalf by the National Land Commission. Public land cannot be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use. 6.2.2.2 Community Land Community land consists of • land lawfully registered in the name of group representatives under the provisions of any law • land lawfully transferred to a specific community by any process of law • any other land declared to be community land by an Act of Parliament • land that is- a. lawfully held, managed or used by specific communities as community forests, grazing areas or shrines b. ancestral lands and lands traditionally occupied by hunter-gatherer communities c. lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62 (2) Community land is vested in and is held by communities identified on the basis of ethnicity, culture or similar community of interest, except in the case of unregistered community land where the land is held in trust by county governments on behalf of the communities for which it is held. 6.2.2.3 Private land Private land consists of: • registered land held by any person under any freehold tenure • land held by any person under leasehold tenure • any other land declared private land under an Act of Parliament The Ministry of Lands is responsible for the registration of all parties interested in private land. Land ownership is classified into the following tenure systems: • Freehold land tenure system which gives the holder absolute ownership of the land for life. A freehold title deed generally has no restrictions as to the use and occupation of the land. However, there are some conditional freeholds which may restrict the use of land for agricultural uses only. • Leasehold land tenure system which is the interest in land for a specific period subject to payment of land rent to the government and land rates to the county Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 78 governments. Once a lease expires, the land reverts to the owner or the leaseholder can apply for a renewal or extension of the lease. 6.2.3 Legal Provision Governing Voluntary Land Transactions in Kenya Towards safeguarding this unalienable constitutional right, legal provisions on land registration and ownership have been put in place as follows: 6.2.3.1 Forests Act 2005 All state forests in Kenya were gazetted under Cap 383 but are now protected under the Forest Act 2005. The Forest Act allows for several avenues towards accessing and use of forestland: ❖ Under the Forest Act, a piece of forest land can be de-gazetted and converted to other uses. Forest Act however requires all de-Gazettement of forest land to be discussed and approved by Parliament. All de-gazetted land then reverts to the Commissioner of Lands who then proceeds to allocate in line with the Land Control Act. ❖ Under the Forest Act 2005, forestland can also be leased for use for other purposes provided that such use does not contradict the purpose for land reservation. ❖ The same Act also allows for Participatory Management of Forests and thus guarantees communities (under auspices of Community Forest Associations) rights to access and utilize certain forest goods and services. 6.2.3.2 Wildlife Conservation and Management Act 2013: Nature Reserves and National Parks are controlled by the Kenya Wildlife Service under the Wildlife Management and Conservation Act 2013. The common feature with all land reserved for use by wildlife is that its conversion to any other form must be approved by parliament. 6.2.3.3 Museums and National Monuments: Quite often, sites of historical and cultural importance are gazetted and reserved under the Museums and National Monuments Act. Such land is never available for alternative uses. 6.2.3.4 Riparian Reserves and Water Courses: All riparian reserves in Kenya governed by the Water Act of 2016 which empowers the Water Resources Management Authority (WRMA) to define, conserve and regulate activity in riparian areas. WRMA will also issue the water abstraction licence to WAJWASCO to ensure that they follow the laid down procedure regarding water abstraction. 6.2.3.5 Road reserves All road reserves are public land reserved under the Physical and Land Use Planning Act 2019. Road Reserves are unique as public utility lands where all infrastructure lines such as for water supply and sanitation, power and telecommunication will be found. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 79 6.2.4 Legal Provision for Involuntary Land Acquisition in Kenya Involuntary or compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. Compulsory acquisition is a critical development tool for governments, and for ensuring that land is available when needed for essential infrastructure —a contingency that land markets are not always able to meet. In Kenya, compulsory acquisition of land is provided for in the Land Acquisition Act (Cap 295). Conditions that the government must satisfy to acquire land are as follows: • Land must be private property • The government must be have the capacity to take physical possession of the property. They cannot acquire that which is intangible. • The property should always be for public purpose. • The procedure for both types of acquisition to be followed is: • The government informs the Minister of Lands of their intentions to acquire the land. • The Minister for Lands directs the Commissioner of Lands in writing to acquire the land compulsorily. • Commissioner of Land publishes a notice in the Kenya Gazette to inform the public of their intentions. A copy is sent to everyone to be affected by the acquisition and they are informed of the venue and date of the inquiry to be held. • Commissioner determines the value of the land as per the Land Acquisition Act. • Commissioner declares an award of compensation in writing to people affected by the acquisition. This award is final unless challenged in court. 6.2.5 Community Land Act 2016 The Community Land Act, No. 27 of 2016 (the Act) came into force on 21 September 2016. The Act aims at: • Giving effect to Article 63 of the Constitution of Kenya, 2010 (the Constitution) which provides for a classification of land known as community land. To this end, the Constitution provides that community land shall vest in and be held by communities. • Providing for, first, the recognition, protection and registration of community land rights. Second, the management and administration of community land. Third, the role of county governments in relation to unregistered community land and related matters. The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of Kenya) and the Trust Lands Act (Chapter 288 of the Laws of Kenya). The project lies on community lands and therefore the relevance of this act. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 80 6.3 NATIONAL POLICY AND LEGAL PROVISIONS ON GENDER Gender issues in the country are institutionalized through • The Constitution of Kenya (2010). • Vision 2030 Blue Print. • The Presidential Directive of 2006 on 30% women's’ appointments to all positions of leadership employment and promotions • MTPs handbook. • The National Gender Policy 2000 • Sessional Paper No.2 of 2006 • Gender Department in the Ministry for Gender Children and Social Development. • The National Commission on Gender and Development enacted through an Act of Parliament in 2003 is mandated to Monitor Government Implementation of its Commitments to Women’s Rights and Gender issues • Employment Act, No. 11 of 2007: the Act prohibits discrimination in access to employment and in employment security on the basis of sex, among others • Guarantees equality of opportunity in employment • Provides for equal pay for work of equal value • Prohibits sexual harassment which the law defines to include use of language, whether written or spoken, of a sexual nature • A National Framework on Gender-based Violence. The government through the National Commission on Gender and Development has developed a National Framework on Gender Based Violence (February 2009) to form that basis of investigation of instances of sexual violence and strengthen coordination of responses to stem the vice • Launch of same on 09.11.2009 by Minister for Gender, children and social development • The Sexual Offences Bill • FGM Policy 6.3.1 National Gender and Development Policy (2000) The National Gender and Development Policy provide a framework for advancement of women and an approach that would lead to greater efficiency in resource allocation and utilization to ensure empowerment of women. The National Policy on Gender and Development is consistent with the Government’s efforts of spurring economic growth and thereby reducing poverty and unemployment, by considering the needs and aspirations of all Kenyan men, women, boys and girls across economic, social and cultural lines. The policy is also consistent with the Government’s commitment to implementing the National Plan of Action based on the Beijing Platform for Action (PFA). Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 81 The overall objective of the Gender and Development Policy is to facilitate the mainstreaming of the needs and concerns of men and women in all areas in the development process in the country. The Policy’s concerns cover the following critical areas i) The Economy;-To enable men and women to have equal access to economic and employment opportunities. ii) Poverty and Sustainable Livelihoods; - To remove obstacles to women’s access to and control over productive assets, wealth and economic opportunities, shelter, safe drinking water, and promote measures for conserving the environment. iii) Law; - To guarantee Kenyan men and women equality before the law, as provided for in the Constitution and under the obligations of the Kenyan State in international law. iv) Political Participation and Decision- Making; - To enhance gender parity in political participation and decision - making v) Education and Training; - To enhance and sustain measures to eliminate gender disparities in access, retention, transition and performance in education for both boys and girls vi) Health and Population; - To achieve the highest attainable standard of health for both men and women through addressing gender inequalities pertaining to access and use of basic health services and facilities at an affordable cost. vii) The Media; - To increase the participation of women in the media and communications sector and promote gender sensitive portrayal of both men and women in the media viii) Policy Implementation Framework and Resource Mobilisation- empowering both men and women to be equal partners in development- It focuses on the elimination of existing disparities between the two genders. It also advocates for an affirmative action to address gender disparities. 6.3.2 The New Constitution of August 2010 on Gender In the New Constitution, Chapter Four––The Bill of Rights, - Section 21 (3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities - Section 27 (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. - Part 2 on the Composition and Membership of Parliament, - Section 97 (1) The National Assembly consists of, a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; - Section 98. (1) The Senate consists of— (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 82 constituency; (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; 6.3.3 The Sexual Offences Act (NO 3 of 2006) Relevant Sections include:- 24- Sexual offences relating to position of authority and persons in position of trust. 25- Sexual relationship which pre-date position of authority or trust. 26- Deliberate transmission of HIV or any other life threatening sexually transmitted disease. 6.4 THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT (EMCA) This Act is an amendment of the Environmental Management and Co-ordination Act of 1999. The amended Act covers virtually all diverse environmental issues which require a holistic and coordinated approach towards its protection and preservation for the present generation without compromising the interests of the future generation to enjoy the same. Consequently, the amended act provides for the legal regime to regulate, manage, protect and conserve biological diversity resources and access to genetic resources, wetlands, forests, marine and freshwater resources and the ozone layer to name a few. The Environmental Management and Coordination (Amended) Act, 2015 harmonizes the various requirements of the other existing laws and regulations by stipulating that where the provisions of any existing law conflicts with itself, then the provisions of the Environmental Management and Coordination (Amended) Act, 2015 shall prevail. This way, the act is able to minimize any conflicts in enforcement of the various environmental laws and regulations as applied to the relevant sectors. The Environmental Management and Coordination (Amended) Act, 2015 represents the culmination of a series of initiatives and activities coordinated by Government and stakeholders. It accentuates the right of every person in Kenya to live in a clean and healthy environment and obliges each and every one to safeguard and enhance the environment. It is the master plan for the environment in Kenya and contains a National Environment Policy, Framework Environmental Legislation and Environmental Strategy. The Act gives power to the National Environment Management Authority (NEMA) which is a semi-autonomous government agency mandated to exercise general supervision and coordination over all matters relating to the environment and to be the principal instrument of the Government of Kenya in the implementation of all policies relating to the environment. NEMA is the body in charge of ensuring developments adhere to the policies and frameworks set out by the Authority. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 83 The amended act highlights the need for an ESIA which is presented in this report. 6.5 REGULATIONS OF THE ENVIRONMENT MANAGEMENT AND COORDINATION (AMENDMENT) ACT 2015 The Act has several regulations that aid in its implementation the relevant regulations are highlighted in the sections below: 6.5.1 Environmental (Impact Assessment and Audit) Regulations 2003 These Regulations stipulate the importance of conducting an ESIA as well as the procedure necessary. These Regulations, made under section 147 of the Environmental Management and Co-ordination Act, contain rules relative to content and procedures of an environmental impact assessment in the sense of section 58 of the Act, contain rules relative to environmental impact audit and monitoring and strategic environmental assessment and regulate some other matters such as appeal and registration of information regarding environmental impact assessment. The Regulations highlight the various reports and their contents to be submitted to NEMA for licensing. The regulations highlight the ESIA process which includes: • Submission of an ESIA project report to NEMA for review or licensing • In some cases, the Authority will request for a full study report for some projects for which the applicant will be required to prepare a Terms of Reference and submit a study report. In this case, ESIA project report has been prepared for licensing by NEMA. The project and study reports will be conducted before the implementation of the development in question, the reports will be subject to approval by NEMA, which will provide a license. The regulations also call for Environmental auditing and monitoring that will be carried out during the construction or operation of the enterprise, the regulations provide the format of the audit report which will be provided to NEMA. 6.5.2 The Environmental Management and Coordination (waste management) Regulation, 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 • Radioactive waste Relevant parts of the regulations include: • Prohibition of any waste disposal on a public highway, street, road, recreation area or in any public place except in designated waste receptacle; • All waste generator to collect, segregate and dispose such waste in a manner provided for under these regulations; Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 84 • All waste generators to minimize waste generated by adopting cleaner production methods; • All waste transporters to be licensed according to the act; • All vehicles used to transport waste to be labelled in such a manner as may be directed by the Authority; • Collection and transportation of the waste to be done in such a manner no to cause scattering of the waste; • The vehicle and equipment for waste transportation to be in such a manner not to cause scattering of or flowing out of waste; and 6.5.3 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009 These Regulations determine the level of noise that will permissible in particular during the construction of the improvements, the following factors will be considered: • Time of the day; • Proximity to residential area; • Whether the noise is recurrent, intermittent or constant; • The level and intensity of the noise; • Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and, • Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise. The Contractor will have to meet the requirements of these regulations particularly during the construction process, where some of the construction activities are bound to make some level of noise. These regulations are summarised in the table below: Table 6-1: Local Permissible Noise Level for a Construction Site Facility Local Maximum Noise Level Permitted in Decibels Day Night 1. Health facilities, 60 35 educational institutions, homes for disabled etc. 2. Residential areas 60 35 3. Areas other than 1 and 2 75 65 above In addition, the IFC regulations for permissible noise levels are summarized in the table below: Table 6-2: IFC Permissible Noise Levels Facility Maximum Noise Level Permitted in Decibels Day Night 1. Residential; institutional; 55 45 educational 2. Industrial; commercial 70 70 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 85 Comparatively both regulations are relatively similar, as such the local regulations will be used. 6.5.4 Draft Environmental Management and Coordination (Air Quality) Regulations, 2009 The objective of the Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. It provides for the establishment of emission standards for various sources such as mobile sources (e.g. motor vehicles) and stationary sources such as the improvements made to the water source. The Contractor will have to ensure allhis/her machinery do not exceed the emissions made in the regulations (presented in the first schedule of the regulations). In addition, the operation of the boreholes will not exceed the requirements set in the third schedule of the regulations. (Sulphur oxides (So x)2 60 g/m3, Oxides of Nitrogen (NOX) 60 g/m3, Nitrogen Dioxide 0.05 ppm, Suspended Particulate matter (SPM) 140 g/m 3, Respirable Particulate Matter 50g/m3), Lead (Pb) 0.75 g/Nm3, Carbon monoxide (CO)/carbon dioxide 2.0 mg/m3, Ozone 0.12 ppm. The design of the improvements has incorporated these standards into the design. 6.5.5 Water Quality Regulations, 2006 Water Quality Regulations apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes. Different standards apply to different modes of usage. These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. The regulations have standards for discharge of effluent into the sewer and aquatic environment. While it is the responsibility of the sewerage service providers to regulate discharges into sewer lines based on the given specifications, NEMA regulates discharge of all effluent into the environment. No person shall discharge any effluent from sewage treatment works, industry or other point sources into the environment without a valid effluent discharge license issued by NEMA. Every person shall refrain from any actions, which directly or indirectly cause water pollution. 6.6 WATER ACT 2016 This Act is an update of the Water Act of 2002. It makes provision for the provision of clean and safe water in adequate quantities and to reasonable standards of sanitation for all citizens. The Act gives power to Water Works Development Agencies which are charged with: a) Undertaking the development, maintenance and management of the national public water works within its area of jurisdiction. b) Operating the waterworks and providing water services as a water service provider, until such time as responsibility for the operation and management of Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 86 the waterworks are handed over to a county government, joint committee, authority of county governments or water services provider within whose area of jurisdiction or supply the waterworks is located. c) Providing a reserve capacity for purposes of providing water services where pursuant to section 103, the Regulatory Board orders the transfer of water services functions from a defaulting water services provider to another licensee. d) Providing technical services and capacity building to such county governments and water services providers within its area as may be requested; and e) Providing to the cabinet secretary technical support in the discharge of his/her functions under the constitution of this Act. The Northern Water Works Development Agency (NWWDA) under whose jurisdiction the project falls was earlier established as Northern Water Services Board (NWSB) through a Kenya Gazette Notice No. 1716 dated 12th March 2004 as a State Corporation under the State Corporations Act and the Water Act 2002. Following enactment of the water Act 2016, the NWSB transitioned to Northern Water Works Development Agency vide special issue of Kenya Gazette No. 28 dated 26th April 2019. 6.7 THE PUBLIC HEALTH ACT (CAP. 242) Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance. Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances Others include accumulation of materials or refuse which may harbour rats or vermin i.e. collections of water, rubbish or refuse and any disposable fluid which permits and facilitates breeding of pests. Section 116 of the Act requires that Local Authorities take all lawful, necessary, reasonable and practicable measures to maintain in their jurisdiction, clean and sanitary environment to prevent occurrence of nuisance or condition liable to be injurious or dangerous to health; these includes waste pipes, sewers, drains, refuse pits situated or constructed as in the opinion of a medical officer of health not to be offensive or injurious to health. Section 130 provides for making and imposing regulations by the local authorities and allows the duty of enforcing the rules in prohibiting use of water supply or erection of structures draining filth or noxious matter into a water supply. 6.8 THE LAND ACT, 2012 This Act applies to all land declared as public land in Article 62 of the Constitution and all private land as declared by Article 64 of the Constitution. The enactment of the Land Act, Sec 157(2), criminalized encroachments on public land as follows: Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 87 i. Unlawful occupation of public land is an offence which attracts fines of up to KES 500,000 and if a continuous offence, a sum not exceeding KES 10,000 for every day the offence is continued; ii. Wrongful obstruction of a public right of way is an offence and attracts a fine of up to KES 10,000,000 and if a continuous offence, a sum of up to KES 100,000 for every day the offence is continued; and in addition to these criminal sanctions, any rights over land that were obtained by virtue or on account of an offence may be cancelled or revoked. 6.9 PHYSICAL & LAND USE PLANNING ACT 2019 The act state that while giving due considerations to the rights and obligations of landowners, there shall be compensation whenever a materials site, diversion or realignment results into relocation of settlement or any change of user whatsoever of privately owned land parcels. Under the physical planning act, physical development activities are supposed to be carried out according to the physical plans. Accordingly, the processes of physical planning involve two stages; the plan making stage and the development control stage. The former involves drawing up the actual plan to indicate the various activities and zones whereas the later involves the process of determining applications by developers to carry out specific development activities. Section 55 specifically provides that as part of development control, the county government shall consider measures put in place to protect and conserve the environment. In line with this, planning authorities require major developments to be subjected to ESIA. 6.10 THE CHILDREN ACT, 2001 This Act protects the welfare of children within the Country. The Act identifies Children as a person below the age of 18 years old and protects them from exploitation. Of particular importance to this project, is section 10, which protects the child from: • Economic exploitation. • Any work that interferes with his/ her education, or is harmful to the child’s health or physical, mental, spiritual, moral or social development. 6.11 THE HIV AND AIDS PREVENTION AND CONTROL ACT, 2011 This Act commenced in March of 2009. It is an Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the protection and promotion of public health and for the appropriate treatment, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and for connected purposes. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 88 The object and purpose of this Act is to- (a) Promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS; (b) Extend to every person suspected or known to be infected with HIV and AIDS full protection of his/her human rights and civil liberties by- • Prohibiting compulsory HIV testing save as provided in this Act; • Guaranteeing the right to privacy of the individual; • Outlawing discrimination in all its forms and subtleties against persons with or persons perceived or suspected of having HIV and AIDS; • Ensuring the provision of basic health care and social services for persons infected with HIV and AIDS; (c) Promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission; and (d) Positively address and seek to eradicate conditions that aggravate the spread of HIV infection. In this Act, unless the context otherwise requires- "Acquired Immune Deficiency Syndrome (AIDS)" means a condition characterized by a combination of signs and symptoms, resulting from depletion of the immune system caused by infection with the Human Immuno- Deficiency Virus (HIV); "anonymous testing" means an HIV testing procedure whereby the person being tested does not reveal his/her true identity but instead, an identifying number or symbol is used which allows the testing centre and the tested person to match the test results with the identifying number or symbol; "Human Immunodeficiency Virus (HIV)" means the virus which causes AIDS; "Person with HIV and AIDS" means a person whose HIV test indicates, directly or indirectly, that he is infected with HIV and AIDS; "Positive", in relation to the result of an HIV test, means a result which shows that the person who is tested is infected with HIV or which shows evidence of such infection; "Post exposure prophylaxis" means the administration of one or a combination of anti- retroviral drugs after probable exposure to HIV, for the purpose of preventing transmission; "post-test counselling" refers to the process of providing a person who submitted themselves for an HIV test with risk-reduction information and emotional support at the time the test result is released; "pre-test counselling" means the process of providing a person, before such person undergoes an HIV test, with information on the biomedical aspects of HIV and AIDS and Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 89 emotional support with respect to the psychological implications of undergoing an HIV test; "self-testing" in relation to HIV infection, means a prescribed test or series of tests carried out entirely by a person on self without the involvement of another person, which determine whether a person is infected with HIV; "Testing centre" means a testing centre approved by the Minister under section 16; Part II of the Act stipulates as follows: 4. (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information campaign conducted by the Government through its various Ministries, Departments, authorities and other agencies. (2) The educational and information campaign referred to in subsection (1) shall- (a) Employ scientifically proven approaches; (b) Focus on the family as the basic social unit; (c) Encourage testing of individuals; and (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya. In Part IV - Testing, Screening and Access Health Care Services, it states as follows:- 13. (1) Subject to this Act, no person shall compel another to undergo an HIV test. (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV test as a precondition to, or for continued enjoyment of- (a) Employment; (b) Marriage; (c) Admission into any educational institution; (d) Entry into or travel out of the country; or (e) The provision of healthcare, insurance cover or any other service. (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under the Sexual Offences Act, 2006 may be compelled to undergo an HIV test. (4) A person who contravenes any of the provisions of this section commits an offence. 16. (1) No person shall carry out an HIV test except in a testing center approved by the Minister under this section or in the manner specified under paragraph (d) of subsection (4). Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 90 (2) No person shall carry out an HIV test unless such person is a healthcare provider approved by the Minister for that purpose. (3) No person shall provide pre-test or post-test counselling for the purposes of section 17 unless such person is approved by the Minister under this section. 17. (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any other person likely to be affected by the results of such test. 18. The results of an HIV test shall be confidential and shall only be released- (a) To the tested person; (b) In the case of a child, to a parent or legal guardian of such child; Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall be released to the child; or (c) In the case of a person with a disability which, in the opinion of the medical practitioner undertaking the test, renders him incapable of comprehending such result to- (i) The guardian of that person; (ii) A partner of that person; (iii) A parent of that person; or (iv) An adult offspring of that person In Part V – Confidentiality, (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or related medical assessments of another person otherwise than in accordance with the privacy guidelines prescribed under this section. 22. (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any other person except- (a) With the written consent of that person; (b) If that person has died, with the written consent of that person's partner, personal representative, administrator or executor; (c) If that person is a child, with the written consent of a parent or legal guardian of that child: Part VI - Transmission of HIV 24. (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus shall- (a) Take all reasonable measures and precautions to prevent the transmission of HIV to others; and Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 91 (b) Inform, in advance, any sexual contact or person with whom needles are shared of that fact. (2) A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV shall not, knowingly and recklessly, place another person at risk of becoming infected with HIV unless that other person knew that fact and voluntarily accepted the risk of being infected. (3) A person who contravenes the provisions of subsections (1) or (2) commits an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. (4) A person referred to in subsection (1) or (2) may request any medical practitioner or any person approved by the Minister under section 16 to inform and counsel a sexual contact of the HIV status of that person. (5) A request under subsection (4) shall be in the prescribed form. Part VIII - Discriminatory Acts and Policies 31. (1) Subject to subsection (2), no person shall be- (a) Denied access to any employment for which he is qualified; or (b) Transferred, denied promotion or have his/her employment terminated, on the ground only of his/her actual, perceived or suspected HIV status. (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that the requirements of the employment in question are that a person be in a particular state of health or medical or clinical condition. 33. (1) A person's freedom of abode, lodging, or travel, within or outside Kenya shall not be denied or restricted on the grounds only of the person’s actual, perceived or suspected HIV status. (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the grounds only of the person's actual, perceived or suspected HIV status. 34. No person shall be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status. 35. (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his/her HIV status for the purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services. (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer shall not be required to disclose his or her HIV status. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 92 (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an HIV test. 6.12 OCCUPATIONAL HEALTH AND SAFETY ACT This legislation provides for protection of workers during construction and operation phases of the project. This act will provide some of the mitigation measures for any negative impacts in particular those concerning the workers within the site. Under this Act, the duties of the Occupier are provided thus in Section 6: • Every occupier shall ensure the safety, health and welfare at work of all persons working in his/her workplace. • Without prejudice to the generality of an occupier's duty under subsection (1), the duty of the occupier includes: • The provision and maintenance of plant and systems and procedures of work that are safe and without risks to health; • Arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; • The provision of such information, instruction, training and supervision as is necessary to ensure the safety and health at work of every person employed • The maintenance of any workplace under the occupier's control, in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks to health; • The provision and maintenance of a working environment for every person employed that is, safe, without risks to health, and adequate as regards facilities and arrangements for the employees’ welfare at work; • Informing all persons employed of any risks from new technologies; and imminent danger; and ensuring that every person employed participates in the application and review of safety and health measures. • Every occupier shall carry out appropriate risk assessments in relation to the safety and health of persons employed and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all chemicals, machinery, equipment, tools and process under the control of the occupier are safe and without risk to health and comply with the requirements of safety and health provisions in this Act. • Every occupier shall send a copy of a report of risk assessment carried out under this section to the area occupational safety and health officer; • Every occupier shall take immediate steps to stop any operation or activity where there is an imminent and serious danger to safety and health and to evacuate all persons employed as appropriate. • It is the duty of every occupier to register his/her workplace unless such workplace is exempted from registration under this Act. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 93 • An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both Part VI of the Occupational Safety and Health Act, 2010, addresses provisions concerning health. These provisions are: • Cleanliness; • Overcrowding; • Ventilation; • Lighting; • Drainage of floors; and • Sanitary conveniences. The act requires employers to report all accidents as required in the Act to the Director of occupational safety and health services. These provisions are to be enforced by the Department of Occupational Health and Safety of the Ministry of Labour, social security and services. Failure to comply with the OSHA, 2010 attracts penalties of up to KES 300,000 or 3 months jail term or both or penalties of KES 1,000,000 or 12 months jail term or both for cases where death occurs and is in consequence of the employer. The Environmental Value represented by this Act is that it seeks to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces. The project area will become a workplace as defined by the Act and, henceforth, whether it is under construction or operation, all provisions of the said Act will apply. 6.13 THE COUNTY GOVERNMENTS ACT, 2012 This is an act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions and responsibilities to deliver services and for connected purposes According to section 103 the objectives of county planning shall be to; (a) Protect the historical and cultural heritage, artefacts and sites within the county; and (b) Make reservations for public security and other critical national infrastructure and other utilities and services; (c) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya as provided in Article 69 of the Constitution; and (d) Develop the human resource capacity of the county. Under section 104, Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 94 (1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. (2) The county planning framework shall integrate economic, physical, social, environmental and spatial planning. (3) The county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. (4) To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. Under section 111, (1) For each city and municipality there shall be; the (a) City or municipal land use plans; (b) City or municipal building and zoning plans; (c) City or urban area building and zoning plans; (d) Location of recreational areas and public facilities. (2) A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality. (3)A city or municipal plan shall, within a particular city or municipality, provide for; (a) Functions and principles of land use and building plans; (b) Location of various types of infrastructure within the city or municipality; (c) Development control in the city or municipality within the national housing and building code framework. (4) City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. (5) City or municipal land use and building plans shall be the regulatory instruments for guiding and facilitating development within the particular city or municipality. (6) Each city or municipal land use and building plan shall be reviewed every five years and the revisions approved by the respective county assemblies. Under section 115, (1) Public participation in the county planning processes shall be mandatory and be facilitated through; Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 95 (b) Provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including; (i) clear strategic environmental assessments; (ii) Clear environmental impact assessment reports; (iii) Expected development outcomes; and (iv) Development options and their cost implications. (2) Each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall adhere to minimum national requirements. 6.14 WORLD BANK SAFEGUARD POLICIES 6.14.1 Operational Policy (OP) 4.01: Environmental Assessment, 2001 Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential negative environmental impacts associated with Bank lending operations. The purpose of Environmental Assessment is to improve decision making, to ensure that project options under consideration are sound and sustainable, and that potentially affected people have been properly consulted. The people of Lambib and all other project site as per this policy have been duly consulted and their views incorporated in this report. 6.14.2 Operational Policy 4.04: Natural Habitats, 2001 The policy seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank- supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). The water project does not affect any natural habitat as there are no any habitats near or along the project route. 6.14.3 The Bank's Operational Policy 4.12: Involuntary Resettlement This is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 96 instruments prior to Bank appraisal of proposed projects. The water project does not involve involuntary resettlement. 6.14.4 Operational Policy (OP) 4.10 - Indigenous Peoples This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous peoples the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The provide financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such bank-financed projects include measures to a) avoid potentially adverse effects on the Indigenous Peoples’ commu nities; or b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and inter- generationally inclusive. The site where the project sites belongs to the Somali community which is the indigenous community. The community has been fully consulted about the project and their opinions taken into account. 6.14.5 Operational Policy (OP/BP) 4.11: Physical Cultural Resources The objective of this policy is to assist countries in preserving physical cultural resources and avoiding their destruction or damage. PCR are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious (including graveyards and burial sites), aesthetic, or other cultural significance. PCR may be located in urban or rural settings, and may be above ground, underground, or under water. The cultural interest may be at the local, provincial or national level, or within the international community. This policy applies to all projects requiring a category A or B environmental assessment, project located in, or in the vicinity of recognized cultural heritage sites. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices. 6.14.6 World Bank Policy on Access to Information, 2010 The World Bank policy on access to information sets out the policy of the World Bank on public access to information in its possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and took effect on July 1, 2010. This Policy is based on five principles: ❖ Maximizing access to information. ❖ Setting out a clear list of exceptions. ❖ Safeguarding the deliberative process. ❖ Providing clear procedures for making information available. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 97 ❖ Recognizing requesters’ right to an appeals process. In disclosing information related to member countries/borrower in the case of documents prepared or commissioned by a member country/borrower (in this instance, safeguards assessments and plans related to environment, resettlement, and indigenous peoples, OP/BP 4.01, Environmental Assessments, OP/BP 4.10, Indigenous Peoples, and OP/BP 4.12 Involuntary Resettlement); the bank takes the approach that the country/borrower provides such documents to the Bank with the understanding that the Bank will make them available to the public. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 98 7 ENVIRONMENT AND SOCIAL IMPACTS OF THE PROPOSED PROJECT This Chapter presents an assessment of the issues likely to arise as a result of implementation of the drilling and equipping of the boreholes, the laying of the raising mains and the distribution network, the water kiosks and the office cum laboratory block. An environmental or social impact is any change to the existing condition of the environment caused by human activity or an external influence. Impacts may be: • Positive (beneficial) or negative (adverse); • Direct or indirect, long-term or short-term in duration, and wide- spread or local in the extent of their effect. Impacts are termed cumulative when they add incrementally to existing impacts. In the case of the Project, potential environmental impacts would arise during the construction and operation phases of the Project and at both stages positive and negative impacts would occur. In general, successful implementation of the project will have high environmental and socio-economic benefits to the people and will contribute to the health and wellbeing. Overall, expected negative impacts related to the boreholes and the pipelines are localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the excavation and construction works are limited to the project areas, and that works are carried out rapidly and efficiently. 7.1 IMPACT IDENTIFICATION The identification of impacts in the ESIA study generally used the following methods: • Compilation of a comprehensive list of key environmental impacts. These are such as changes in air and water quality, noise levels, wildlife habitats, bio- diversity, landscape, social and economic systems, cultural heritage, settlement patterns, and employment levels. • Identification of all the sources of impacts such as dust, spoils, vehicles emissions, water pollution, construction camps, etc. using checklists or questionnaires. This was followed by listing possible receptors in the environment (e.g., crops, communities, and migrant labourers) through surveying the existing environmental and socio-economic conditions and consultation with concerned parties. • Identifying and quantifying various environmental and socio-economic impacts through the use of checklists, interaction matrices and overlays. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 99 7.2 IMPACT PREDICTION Prediction of impacts technically characterizes the causes and effects of impacts, and their secondary and synergistic consequences for the environment and the local community. It examines each impact within a single environmental parameter into its subsequent effects in many disciplines (e.g., deterioration of water quality). It draws on physical, biological, socio-economic, and anthropological data and techniques. In quantifying impacts, it employs socio-cultural models, economic models, and expert judgments. It is worth noting that as prediction techniques of environmental impacts, by their nature, involve some degree of uncertainty. 7.3 MITIGATION OF IMPACTS Each predicted adverse impact is evaluated to determine whether it is significant enough to warrant mitigation. This judgment of significance has been based on one or more of the following: • Comparison with laws, regulations or accepted standards; • Consultation with the relevant decision makers; • Reference to present criteria such as protected sites, or endangered species • Consistency with government policy objectives • Acceptability to the local community or the general public 7.4 IMPACT CATEGORIES Likely potential areas of concerns have been determined and ranked according to the following: Impact • Potential environmental impacts which are deemed to be highly significant and need thorough investigation in the ESIA • Potential environmental impacts that are deemed to be moderately significant, and will require reasonable investigation in the ESIA • Potential environmental impacts that are deemed low/unlikely to be significant, and will need to be listed, and addressed in some way, but which will not require detailed assessment in the ESIA. Nature: • Positive: applies to impacts that have a beneficial economic, environmental or social result, such as additional economic activity or enhancement of the existing environmental conditions. • Negative: applies to impacts that have a harmful or economical aspect associated with them such as economical cost, loss or degradation of environmental resources. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 100 Effect: • Direct: applies to impacts which can be clearly and directly attributed to a particular impacting activity. • Indirect: applies to impacts which may be associated with or subsequent to a particular impacting activity, but which cannot be directly attributed to it. Time Range: • Short Term: applies to impacts whose effects on the environment will disappear within a 1 year period, or within the construction phase. • Medium Term: applies to impacts whose effects on the environment will disappear within a 5 year period following the construction phase. • Long Term: applies to impacts whose effects on the environment will disappear in a period greater than 5 years following the construction phase. Reversibility: • Reversible: applies to impacts whose significance will be reduced and disappear over time (either naturally or artificially), once the impacting activity ceases. • Irreversible: applies to impacts whose significance will not be reduced nor disappear over time (either naturally or artificially), once the impacting activity ceases. A characterisation of the anticipated project impacts is shown in the table 7-1 below. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 101 Table 7-1: Characterization of Negative Impacts Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Construction Phase) High Mediu Low Short Medium Long Revers Irrever Positive Negative Direct Indirect m Term Term Term ible sible Loss of business x X X X x Spread of HIV AIDS and x x X x X STIs Spread of COVID19 X X X X x x Socio- Non affordability of economic X X X X X metered water Difficult of connecting X X x X X water to makeshift huts Elite capture of water x X x x x x supply services Increased local pollutant emissions and trace X X X X X Ambient Air constituents Quality Increased levels of dust and particle emissions from X X X X X construction vehicles and equipment Solid and Generation of both solid liquid waste and liquid waste at the X X X X X X X generation construction camps Contamination of soils due Site Related to oil spilled during vehicle X X X X X Oil Spills maintenance Contamination of soil due Soil-Related to poor disposal of solid X X X X X Impacts and liquid waste Impacts on Contamination and Existing X X X X X depletion of water sources Water Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 102 Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Construction Phase) High Mediu Low Short Medium Long Revers Irrever Positive Negative Direct Indirect m Term Term Term ible sible Resources Nosie generated by Noise construction equipment X X X X X Pollution and activities Impacts on Destruction of vegetation Flora and and interruption of animal X X X X X Fauna behaviour Public & Injuries and accidents Occupational occurring on site affecting X X X X X Safety and both workers and general Health community members HIV & AIDS HIV/AIDS, STIs and X X X X X X Impacts increased disease risks. Spread of Covid 19 among COVID 19 X X X X X workers during civil works Spread of Covid 19 among COVID 19 community members X X X X X during consultations Damage to Damaged private property private such as cars, fences, houses X X X X X property and bicycles Crime Crime occurring on site and X X X X X Management in residences Child Labour Employment and and X X X X X harassment of minors Protection Effects of Negative effects due to X X X X X Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 103 Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Construction Phase) High Mediu Low Short Medium Long Revers Irrever Positive Negative Direct Indirect m Term Term Term ible sible Immigrant incoming workers to workers project area Gender Equity, Sexual Unequal opportunity and X X X X X Harassment harassment of women in the workplace Table 7-2: Characterization of Operation Phase Impacts Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Operation Phase) High Medium Low Positiv Negativ Short Medium Long Reve Irreve Direct Indirect e e Term Term Term rsible rsible Impacts on Depletion and Aquifer contamination of water X X X X X Water sources Availability Impacts related to the Noise and air pollution due X X X X X operation of to pump room the pump room Change in Population of people Settlement growing around water X X X X X Patterns points Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 104 Risk of individual harm to community women and girls as a result of violation Sexual of Code of Conduct Exploitation X X X X X provisions related to the and Abuse sexual exploitation and abuse of community members by project workers. Spread of water borne diseases Increase of disease spread and and mosquito breeding due X X X X X increase in to accumulation of spilled mosquito water at water points breeding sites Table 7-3: Characterization of Cumulative Impacts Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Positive impacts) High Medium Low Short Medium Long Revers Irrever Positive Negative Direct Indirect Term Term Term ible sible Cumulative impacts Depletion and associated contamination of aquifer X X X X X with water continued pumping Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 105 Table 7-4: Characterization of Positive Impacts Characterization of Impacts Predicted Impact Impact Nature Effect Time Range Reversibility Aspect (Positive impacts) (Construction) High Medium Low Short Medium Long Revers Irrever Positive Negative Direct Indirect Term Term Term ible sible Socio economics Job creation X X X X X Socio Creation of business economics X X X X X opportunity Improvement in public Health & health and sanitation due to X X X X X X Safety availability of clean water Socio Employment and job economics creation during construction X X X X X X and operation phases Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 106 7.5 IMPACTS EMANATING FROM THE PROPOSED PROJECT The impacts are identified at the three stages in project cycle: - • pre- construction/Planning Phase Impacts • during construction and • post-construction (operation phase) 7.5.1 Pre-Construction/Planning Phase Impacts – Damage and Loss of Land, Structures and Livelihoods. These are commonly associated resettlement of people within the project sites. It should be noted that the boreholes in Lambib are located in Community land. This is largely empty of structures and habitation. The project is therefore not expected to cause resettlements. The community at the project site has been fully consulted and the community resolution and consent for land usage permit report prepared is presented in Appendix F. For the success of the project, constant consultation needs to happen between the county government of Wajir, WAJWASCO and the local community at the project site. The proposed office cum laboratory block will be constructed on a piece of land allotted to WAJWASCO while the pipeline network will be aligned on existing public road reserve Positive impacts during the planning phase of the project will arise from the planning and design of the project as well as from the stakeholder engagement. The design and consultation process involved the participation of the local community and has had the result of improving awareness of the project. 7.5.2 Construction Phase Impacts Most of the potential environmental and social impacts associated with the construction phase will be negative and temporary, and can be mitigated with the use of standard environmental management procedures. The potential social impacts or nuisance will be those typically associated with construction activities involving vehicles, equipment, and workers. The predicted impacts of the project include the following: 7.5.2.1 Positive Impacts The primary positive impact of the project during the construction phase will be the creation of employment opportunities for the local communities. This will have the effect of; ❖ Creating employment for both skilled and unskilled labourers directly involving the project. ❖ Creating business opportunities especially for locals as most of them will be involved in small time trades such delivering food to site workers; ❖ Acting as a source of livelihood for the community members/the youth who will be used to run the project; ❖ Acting as a source of income for those supplying materials for the project. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 107 Potential social impacts and risks Constitution of Kenya Article 260 identifies marginalised communities as “pastoral persons and communities whether they are (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole”. As such the whole population of Wajir County was classified as vulnerable and marginalized in the Social Assessment Report prepared by Dr. Edward Ontita, PhD. https://ewsdata.rightsindevelopment.org/files/documents/34/WB- P156634_KWgfoRM.pdf The ESIA identified the following adverse Project Impacts to VMGs: i. Non-affordability of Metered Water by VMGs Some of the VMGs will not afford metered water and this may lead to further exclusion from the service and deeper vulnerability to water-borne diseases. It may also push the burden of diseases like deadly diseases such as cholera to VMG communities as the wealthy in the town enjoy clean water supply. ii. Difficulties Connecting Water to VMG’s Makeshift Huts VMG housing units being traditional huts will not be appropriate to connect with pipe- borne water services leading to exclusion from the services. iii. Resistance to Sharing Water with other Clans Due to fierce inter-clan rivalry in the county, clans that host water sources may say no to sharing water with other clans. iv. Elite Capture of Water Supply Services Elite capture of water supply services and exclusion of majority of the VMGs from the services. This exclusion may be inadvertent to the extent that supplying water through pipes with attendant bills may appear convenient but turn out inappropriate to those who may not afford the bills or who may be unprepared to access water in the form in which it will be availed namely through pipes to homes. v. Rejection of Outsiders Working with Contractors The local community may not welcome outsiders working with contractors or even during project operation upon completion. This may be on account of aggression on or insensitivity to their culture and religion. vi. Loss of Business around Current Water Sources Concentration of people around current water sources coming there to water livestock or fetch water for domestic use and providing business opportunities for local restaurants and shops as well as selling milk to local traders will probably decline once the sources are redeveloped and water distributed to other areas along pipelines to Wajir Town. This will lead to business losses for local VMG communities involved in petty trade and restaurant business. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 108 vii. Spread of HIV/AIDS and STIs During project implementation there will be contractors bringing in people from outside the local communities and this poses the danger of spreading HIV/AIDS and Covid 19 in the VMG communities around the water sources and along the water pipelines. Mitigation Measures Non-affordability of Metered Water  WAJWASCO will subsidize water bills to a minimum flat rate for VMGs or if feasible exempt VMGs from water bills altogether Difficulties Connecting Water to VMG’s Makeshift Huts  Construct water kiosks in areas around clusters of houses  Construct water kiosks around schools so pupils can go home with water rather than skip school to fetch water for domestic use. Resistance to Share Water with other Clans  Community sensitization/education  Negotiations involving clan elders and community leaders  Revenue sharing with communities hosting water sources through corporate social responsibility (CSR) activities. Elite Capture of Water Supply Services  Discriminatory pricing of water in regard to the quantities of usage and type of business enterprise by charging more for consumption of units above a certain minimum to discourage misuse of clean water Rejection of Outsiders Working with Contractors  Induction of outsiders on local customs and norms  Community sensitization/education Loss of Business around Current Water Sources  Develop livestock watering points in the vicinity of redeveloped water sources  Develop market stalls next to redeveloped water sources to forestall business loss Loss of Land and Trees  Only perform project activities in designated land areas.  Compensation and/or negotiation with community leaders to access community land for public use Spread of HIV/AIDS  Provision of Voluntary Counselling and Testing (VCT) Services in the construction sites including along pipelines Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 109  Awareness creation/community education 7.5.2.2 Air Quality There is expected dust pollution from the site clearance, excavation works and, in some cases, the roads leading to the project sites. Passage of increased number of vehicular traffic during construction will introduce higher levels of other pollutants such as emissions of exhaust fumes, lead and associated gases such as carbon monoxide, hydrocarbons, and nitrous oxides from vehicles entering and exiting the site along with the operation of necessary equipment. This sustained high level of dust could impact negatively on various groups of the people who spend considerable time within the area adjacent to the project site, such as construction workers and road side businesses. Construction workers at the project construction site will be exposed to high dust levels under hot and dry environmental conditions for many hours each day. However, being a localised project with short construction timelines, such effects may not have serious long-term health implications on the workers. Mitigation measures  Use protective clothing like dust masks on construction crew.  Construction sites and regularly used transportation routes (those that are murram and earth standards) will be water-sprayed on regularly up to three times a day, especially if these sites are near sensitive receptors, such as residential areas or institutions (hospitals, schools etc.). traffic speed limits within construction sites and settlements to be enforced for construction vehicles  All the vehicles and construction machinery should be operated in compliance with relevant vehicle emission standards and manufacturer’s specification to minimize air pollution.  All construction machinery shall be maintained and serviced to manufacturers’ specifications  Contractor shall comply to the provisions of EMCA 2015 (Air Quality Regulations 2014);  All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. 7.5.2.3 Solid and Liquid Waste Generation There is a wide range of waste generated during construction. This includes debris, domestic and human waste, timber, stones, rock, metals, paper, plastics, etc. The quantity of waste can be substantial and can be both a health hazard and an eyesore. It also poses the potential for contamination of soils and seasonal watercourses as a result of improper disposal of liquid and solid waste from construction activities. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 110 Careless disposal of used containers for oil, lubricants, paint, and other toxic substances may land in the hands of such individuals who will use them as water containers with grave consequences to health. There is increased likelihood of littering from increased traffic movement during construction. Some of this litter could be plastic and when ingested by livestock, can cause health hazards. Mitigation measures:  Provide adequate waste disposal facilities. Ensure collection of all solid waste from generation points, safe transportation to a central point where they are sorted out and safely disposed according to type to protect the environmental resources.  Final waste disposal to be done through NEMA and County government licensed waste handlers at approved disposal sites;  No burning of wastes shall be done on site  Ensure spill kits are provided at the construction sites  Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers with secondary containment and away from surface drains  Ensure that the machines are serviced in specific locations off-site to avoid spillage of oils and grease into the surface runoff channels. 7.5.2.4 Site Related Oil Spills During construction, oil spills may result from construction equipment and storage, which may affect the flora, fauna, soils, and surface as well as underground water in the area. If the sites, machinery yard and workshops are not properly protected, animals and birds could be poisoned if they drink contaminated water caused by accidental spillage of oil, petroleum products, solvents and similar category of materials. Mitigation Measures  The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval);  All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant;  Ensure spill kits are provided at the construction sites Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 111  Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers with secondary containment and away from surface drains 7.5.2.5 Soil-Related Impacts Accidental oil spills, and petroleum products (amongst other liquid waste) particularly in areas of concentrated activities, may infiltrate into soils and cause soil pollution. This is only possible during the construction phase of the project and the impact is expected to be minor and highly localized, hence the impact is considered insignificant. All construction activities have some minor impacts on the soil. It is expected that these impacts are also short-lived during construction and mitigation measures are recommended. The key impacts will revolve around soil erosion, contamination, disturbance of the natural soil structure and thus reducing the ecological function of the soil. Mitigation Measures  The valuable top soil containing organic material, nutrients as well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where applicable.  Plan emergency response measures in case of accidental oil spills.  In cases where it is identified that during construction there is a danger of increased run-off or at the project site, drainage channels with stone pitching or holding ponds can be employed  After completion of the construction works, indigenous trees will be planted on the site as part of landscaping.  In areas prone to erosion, provision of soil stabilization in form of a planting of trees, subject to approval by the Resident Engineer  Clearly demarcate the access routes to be used by vehicles and machinery so as to minimise the affected areas. 7.5.2.6 Impacts on Existing Water Resources Various construction activities (Drenching, Excavation, Drilling, Concreate Works and Laying of pipelines) may have a negative impact on the seasonal rivers, diverting their flow and contaminating their water as a result of poorly disposed of solid and liquid waste. If the boreholes are not properly managed, over abstraction may cause the decline of the water resource availability on the adjacent boreholes which are privately owned. A poorly constructed borehole may also cause seepage from water out of the water bearing layers that supply water to the shallow wells. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 112 Mitigation Measures  Areas dedicated for hazardous material storage shall provide spill containment and facilitate clean up through measures such as: maximum separation from sensitive features (water bodies); clear identification of the materials present; access restricted to authorized personnel and vehicles only and dedicated spill response equipment  Provide solid and liquid waste disposal system - a waste collector, NEMA recommended waste disposal manual and a waste collection bin for each housing unit, workshop, plant, structural shelter.  Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers and away from surface drains  Ensure that the machines are serviced in specific locations off-site to avoid spillage of oils and grease into the surface runoff channels.  Ensure proper measures are in place for collection and disposal of spilled oils and lubricants.  Ensure proper management of boreholes so that the safe yield is not exceeded  Ensure boreholes are cased so that the aquifer supplying the water to the shallow wells does not get drained  Reinstate any natural drainage affected by the project works, providing temporary drainage structures where necessary. 7.5.2.7 Noise Pollution Noise generation and vibrations in an otherwise quiet environment from construction machinery and activities could adversely affect the local people and animals. Activities, particularly those associated with drilling will cause increase in noise levels in the vicinity of the construction sites. The operation and maintenance phases of the project will be accompanied by an increase in traffic (both motorised and non-motorised), which will in turn increase noise levels within the vicinity of the project sites. Generally, construction noise exceeding a noise level of 70 decibels (dB) has significant impacts on surrounding sensitive receptors within 50m of the construction site. These sensitive receptors include, people’s residences, schools and clinics in the area. Mitigation:  Construction activities to be scheduled carefully to minimize the impact of noise from construction machinery. Night time's uses of certain noisy machines will be regulated.  Where possible, ensure non mechanized construction to reduce the use of machinery Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 113  Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas;  Contractor to prepare, for approval by WAJWASCO, a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations  Special care should be taken when construction is taking place near sensitive receptors such as residential estates, schools and hospitals.  To the extent possible, heavy vehicles should not be used at night across populated areas.  Ensure that construction equipment is operating optimally and with operational noise mufflers where possible.  Workers exposed to noisy environment shall be provided with right PPEs, ear plugs/muffs, to reduce associated health risks 7.5.2.8 Impacts on Flora and Fauna Direct impact through noise and vibration occasioned by machinery and construction workers can affect wildlife feeding habits and even migration patterns. Mobile construction equipment including trucks can also hit wildlife encountered in the area while non local workers may engage in illegal hunting. The vegetation clearance activity will lead to interference with habitats causing total loss or change and leading to the destruction of the environment. The primary cause of this will be cutting down sanctuary trees within the project site to pave way for construction. These trees act as perching and nesting sites for a wide range of bird species. They also provide shade for mammals especially ungulates like giraffes. Mitigation:  Empty containers and other waste to be managed carefully to avoid attracting animals and exposing animals to possible poisoning.  Minimize the amount of destruction caused by machinery by promoting non-mechanized methods of construction whenever possible. E.g., trenching for pipeline in town areas  Spare the vegetation that must not necessarily be removed such as trees and shrubs through demarcation of work areas.  Re-plant the indigenous vegetation as much as possible once civil works is completed.  The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 114 contractor will propose a method of clean-up which will be subject to approval);  Workers code of conduct to prohibit any form or illegal hunting and persecution of encountered animals  Construction drivers to observe speed limits on site to avoid potential accidents involving wildlife 7.5.2.9 Public & Occupational Safety and Health The project works will expose workers to occupational risks due to handling of machinery, construction material and noise, electromechanical works etc. These include accidents that may happen due to negligence, on part of the workers, machine failure or breakdown or accidental falls from elevated points of the structure. These incidents can be reduced through proper work safety procedures. Construction activities of site clearance, excavation, materials delivery, and concrete mixing as well as construction traffic will also generate a lot of dust and this may affect the respiratory system of all site users and neighbours. Construction sites may also be a source of both liquid and solid wastes. If these wastes are not well disposed these sites may become a breeding ground for disease causing pests such as mosquitoes and rodents. Mitigation:  Draft operational manuals such as a Health and Safety Plan (HASP) for both civil and electromechanical work in line with OSHA for approval by WAJWASCO. This will detail safety procedures and the personnel responsible for safety inspection and controls  The contractor should prepare a code of conduct for his/her staff and ensure that it is followed to prevent accidents  Appoint a trained health and safety team for the duration of the construction work.  Provide First Aid Kit and ensure availability of trained first aider (s)within the construction site.  Posting of clear and prominent warning signage at appropriate potential points of entry to hazardous areas.  Keep verifiable records of all accidents, incidences and corrective actions taken.  Ensure alcohol free work force, through code of conduct.  Spread awareness to curb vandalism of safety equipment and other installations.  Installation of barriers like fences around active sites and other locations to prevent access to facilities by unauthorized persons.  Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 115  Provide workers with appropriate personal protective equipment (PPE).  The workers should receive requisite training especially on the operation of the machinery and equipment. Equipment to be operated only by duly qualified and authorised personnel  Construction vehicle and equipment drivers and operators to observe speed limits within settlements and construction sites and ensure adherence to all traffic rules  Lengths of open trenches should be kept to a minimum that can be worked on and backfilled within a short period to reduce public exposure  Work to minimize or altogether eliminate mosquito breeding in work sites.  Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. 7.5.2.10 Increase in Prevalence of Communicable Diseases 7.5.2.10.1 Health Impact – Spread of COVID-19 amongst construction workers The World Health Organization declared COVID-19 a global pandemic after assessing both its alarming levels of spread and severity, and the alarming levels of inaction. Consequentially, WHO issued various guidance and measures to prevent the spread of the virus. The measures have been adopted worldwide. Similarly, the Kenyan government has since then issued several guidance and directives after the first case was registered on March 13 th 2020. These included complete cessation of movement to and from areas considered hot spots and night curfew, social distancing guidelines, closure on non – critical and essential enterprises, closure of places of worship and public gatherings, mandatory use of masks in public places, among others. During project execution (civil works), workers will be required to assemble together in consultation engagements, meetings, toolbox talks and even at work sites; varied number of workforce including suppliers of material and services are also expected to come in from various places in the country which may be COVID-19 hot spots; and interaction of workers with the project host community will happen as workers find accommodation close to work sites, and/or return to their homes after works. The potential for the spread of any infectious disease like COVID-19 by projects is high. There is also the risk that the project may experience large numbers of its workforce becoming ill and will need to consider how they will receive treatment, and whether this will impact on local healthcare services including the project host community. The possible presence of international workers, especially if they come from countries with high infection rates, may also cause social tension between the foreign workers and the local populations. Recently, the WHO has warned that the virus is here to stay for a long time and might persist and become our new way. The Government of Kenya has also lifted some of the initial movement controls and allowed the resumption of business, with certain industry specific guidelines being enforced. The duty of care has now been transferred to individual citizens and enterprises. Recognizing the potent risk this may present, it’s difficult to clearly outline exhaustive mitigation measures under the mitigation impacts. As such, there is need for the client and the contractor to develop and adopt COVID-19 Standard Operating Procedure (SOPs) Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 116 in line with the World Bank guidance, Ministry of Health Directives and site-specific project conditions. These SOPs need to be communicated to all workers and enforced to the latter without fail. In addition to the requirement of the SOPs, the following mitigation measure shall also be adopted: Mitigation:  The Contractors will develop SOPs for managing the spread of Covid-19 during project execution and submit them for the approval of the Supervision Engineer and the Client before mobilization. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions;  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors;  Avoid concentrating of more than 15 persons or workers at one location. Where two or more persons are gathered, maintain social distancing of at least 2 meters All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs;  The project shall put in place means to support rapid testing of suspected workers for covid-19;  Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of work stations, door knobs, hand rails etc; 7.5.2.10.2 Social impacts Spread of COVID 19 among community members during consultations This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers from local, national and international markets. This therefore leads to concentration of people in one area drawn from diverse social and cultural backgrounds often resulting in people engaging in sexual activities. Additionally, the construction and environmental and social safeguards implementation actions will be done during the COVID-19 pandemic era. The COVID – 19 is a highly contagious infectious disease and since consultations are required such as during RAP implementation and training on E&S issues , these also pose a potentially high risk of infection to and among communities. It is important that alternative ways of managing consultations and stakeholder engagement implemented to mitigate the impacts. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 117 Mitigation:  Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. One-on-one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced;  Avoid concentrating of more than 15 community members at one location. Where two or more persons are gathered, maintain social distancing of at least 2 meters;  The team carrying out engagements within the communities on one-on- one basis will be provided with appropriate PPE for the number of people they intend to meet;  Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions.  Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration.  In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups.  Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 7.5.2.11 Liability for damage to private property Some of the Construction activities may lead to accidents that lead to damaged private property such as cars, fences, houses, bicycles, or another type of personal possession, or it may lead to personal injuries. This may also occur due to negligence on the part of the workers or due to wilfully destructive behaviour. Mitigation:  The Contractor to repair any damage done to private property.  The contractor should prepare a code of conduct and ensure that it is followed by his/her staff at all times  Contractor to maintain general liability cover throughout the project implementation period 7.5.2.12 Crime Management and Contractor’s Security Construction sites tend to be a target for thieves and vandals because valuable items are left on site for long periods of time. Also, the Counties of Northern Kenya have experienced terror attacks in recent times and this is prone to happen at the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 118 construction sites. As some of the project sites are located within the town and others rural, and are expected to attract a lot of traffic, incidences of crime including, theft of construction materials or individual property, terror violence targeting construction workers, vandalism drug abuse and alcoholism are likely to occur. This can directly impact the success of a project and diminish the potential profitability of the project under construction. Security is the protection of people and things such as buildings and sites from harm, terror activities, theft, or sabotage and encompasses several components such as physical, personnel, investigations and awareness and information security. Crime prevention on construction sites has become a major concern for building contractors and losses from theft as vandalism and loss of material and equipment can make the difference between a successful project and a failure. Mitigation:  Install a security fence around the camp site. The gate allowing access to the site should always be manned by a security guard.  Ensure that all workers on the sites are educated on the policy for crime management and that they are aware of all security procedures.  Make individual members of the staff personally responsible for the equipment they use.  Clearly mark all tools and lock them up when not in use.  Working with local committees (e.g. “nyumba kumi) to provide security within the site in addition to the Contractor’s own security.  Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment.  Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site.  Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel through a signed code of conduct in local languages.  The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite or are associated with the civil works activities.  The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 119 offense, location, date, time, and all other pertinent details.  Rely on the security apparatus to provide security to the construction crew and also provide updates about any terrorism activities that may happen in the area so as to avoid adverse impacts.  The national government, county government to put the community at the centre of their counterterrorism policies and measures, and to develop community-based approaches, with a particular emphasis on prevention and development of partnerships with the public. 7.5.2.13 Child Labour and Protection The Children Act of Kenya prohibits contractors from “employing children in a manner that is economically exploitative, hazardous, and detrimental to the child’s education, harmful to the child’s health or physical, mental, spiritual, moral, or social development. It is also important to be vigilant towards potential sexual exploitation of children, especially young girls. The contractor should adopt a ‘Child Protection Code of Conduct’; that all staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour. Mitigation:  Ensure no children are employed on site in accordance with national labour laws.  Ensure that appropriate disciplinary actions are taken against contractor staff who goes against the code of conduct and engages in any sexual crimes against children. 7.5.2.14 Effects of Migrant workers Construction projects often attract labour from communities outside the recipients of the projects. This may be due to a lack of skilled people within the project areas, or due to speculative followers who follow the project seeking employment, seeking to execute business opportunities or seeking to exploit opportunities for criminal or illicit behaviour. This inflow of workers is often only temporary, lasting the length of the project, or when excess labour is required. It can occur rapidly, happening over a matter of weeks, and with people coming and going, the number of people working on the project can fluctuate up or down depending on the phase of implementation. Incoming workers are typically associated with negative impacts. These include: • Increased demand and competition for local social and health services, as well as for goods and services, which can lead to price hikes and crowding out of local consumers. • Conflicts between locals and non-locals concerning employment opportunities, wages, natural resources, or over matters concerning religious, cultural or ethnic differences Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 120 • Incoming workers can also contribute gender-based social impacts. A workforce will typically be mostly males who are working far from their families. This can lead to an increase in unplanned pregnancies • Incoming workers can lead to an increase in illicit behaviour, crime, and the perception of insecurity by the local communities. Illicit behaviour can include theft, physical assaults, substance abuse, prostitution and increased sexually transmitted diseases. • As the workers or often young men, inappropriate behaviour such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with minors from the local community can occur. Increases in crime and violence against women and girls may be particularly acute in settings where there is an existing gender differentiation in terms of power and norms • Provision of clean drinking water and water for hygiene purposes can result in increased pressure on freshwater resources in the project area. Mitigation:  Contractor should use the local workforce as much as possible. Depending on the size and the skill level of the local workforce, a share of the workers required for the project may be recruited locally. This may be easier for unskilled workmen. Specialised workmen may be hired from elsewhere. Local workers may also be trained especially if they are required for the operation of the project.  Effective community engagement and strong grievance mechanisms on matters related to labour  All workers to sign an employment contract including a Code of Conduct governing appropriate behaviour in the accommodation facilities. This will be strictly enforced by the contractor. Project related staff should also be trained on the behaviour obligations required by the Code of Conduct.  The workforce should be sensitized to local social and cultural practices and be educated on the expected behaviour and conduct  As the project area is rural, with Wajir town a short distance away, the contractor should house workers in accommodation within the town. They should be housed together. This will enable easier supervision and better security for the incoming workers. The accommodation should include facilities such as dining areas, washing and laundry areas.  Ensure that the contractor adheres to the mitigation of risks against labour influx. Depending on the risk factor, appropriate mitigation measures may be deployed. These may range from engagement with a local community liaison to the use of the local Bulla elders.  The works contractor should be required, under the contract, to prepare and enforce a No Sexual Harassment and Non-Discrimination Policy, in accordance with national law as well as to the World Bank Code of Conduct guidelines where applicable.  The contractor should prepare and implement a gender action plan, to include at minimum: • Ensure that the grievance redress mechanisms are adhered to. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 121 • Have a social/environmental specialist in the supervision consultant’s team with GBV specific skills to supervise issues related to GBV such as verifying working GRM for GBV is in place. • Clearly defined GBV requirements and expectations in the bid documents • Have separate, safe and easily accessible facilities for women and men working on the site and in the residential accommodations. • Display signs around the project that signal to workers and the community that the project site is an area where GBV is prohibited. 7.5.2.15 Gender Equity, Sexual Harassment and exploitation, and Gender Based Violence (GBV) The construction industry is famously male-centric. Women are under-represented in all construction occupations and professions. This is because of stereotypes promote the idea that women are not tough but rather delicate and can therefore not handle a tough job. The workplace culture in most construction sites is one that promotes long working hour and excessive risk taking. As women are often the ones responsible for their families, they do not stay on site late and do not take on the responsibilities that would put them in unnecessary danger. Knowing this, women often avoid the work place and those hiring avoid hiring women. The result of this discriminatory environment leads to a small number of women who in turn often become the focus of inappropriate attention from their male workers. Gender based violence and harassment of women on site can follow, making the work environment a hostile place for the women. This can take forms such as; • Physical abuse including assault • Sexual violence including rape and sexual assault • Sexual harassment • Sexual exploitation and abuse • Verbal and sexist abuse • Psychological abuse, intimidation and threats of violence • Economic and financial abuse Mitigation:  In cases where communal shelter is the only option, ensure that that appropriate divisions between genders are established  Ensure that women and minority group community members are provided opportunities to meaningfully participate in decision-making processes concerning location of services such as toilets and Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 122 accommodation.  Liaise with local/host authorities to encourage them to participate and take an active interest in the host community’s welfare  The contractor should be required, under its contract, to prepare and enforce a No Sexual Harassment and Non-Discrimination Policy, in accordance with national law where applicable.  The contractor should employ and train committed female staff to positions of authority. These will help promote the employment of female staff  The contractor should strive for an equitable distribution of employment opportunities between men and women. Mainstream Gender Inclusivity in hiring of workers as required by Gender Policy 2011 and 2/3 gender rule should be enforced;  Provision of gender disaggregated bathing, changing, sanitation facilities  Ensure the contractor follows the Grievance Redress Mechanism  Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action  The employees should be trained and sensitised on appropriate behaviour on the construction site and within the residences  Effective and on-going community engagement and consultation, particularly with women and girls;  review of specific project components that are known to heighten GBV risk at the community level, e.g.; community level water management, representation or related economic activities etc.  Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to employment, representation, management etc  The Contractor should develop and implement an SEA action plan with an Accountability and Response Framework as part of the ESMP. The SEA action plan will follow guidance on the World Bank's Good Practice Note for Addressing Gender-based Violence in Investment Project Financing.  The Contractor should develop a management and coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 123 management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. 7.5.2.16 Gender Empowerment Impacts There is need to promote gender equality in all aspects of economic development and more so in construction. Women roles in construction are mainly confined to supply of unskilled labour and vending of foodstuffs to the construction workers. Where available skilled women will be used. Mitigation:  The contractor should employ and train committed female staff to positions of authority. These will help promote the employment of female staff  Strive for an equitable distribution of employment opportunities between men and women. Mainstream Gender Inclusivity in hiring of workers as required by Gender Policy 2011 and 2/3 gender rule;  Provide separate toilets and bathrooms for male and female workers on site  Provision of gender disaggregated bathing, changing, sanitation facilities 7.5.3 Impacts during Operation & Maintenance 7.5.3.1 Positive Environmental and Socio-Economic Impacts The several positive impacts are summarized below: ❖ Improved availability of water. This lead to o Reduction in workload for women as time will now be available to focus on other activities o Improved number and health of livestock o Improved children school attendance as a result of less time spent fetching water ❖ Provision of employment, for the people that will be managing and maintaining the boreholes, reticulation network and water kiosks. ❖ Improved overall hygiene of the beneficiary communities as a result of improved access to clean water. This will lead to: o Reduced cases of waterborne diseases such as cholera, typhoid, amoeba and diarrhoea through provision of sanitation facilities due to improved hygiene. o Improved children school enrolment rate and reduced dropout occasioned by illnesses Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 124 7.5.3.2 Impacts on Aquifer Water Availability When drilling a borehole, consideration has to be given to the availability of ground water and its chemical characteristics. It is also important that the effects of pumping the ground water be taken into account. The drilling process exerts a downward pressure on the water level. The result is a suppression of the water level. Once the water table has been intercepted, and pumping begins, it is important that the water be protected so as to maintain the project’s viability, and also to protect the environment. Water drawdown due to excessive water extraction Drawdown is the change in water level within an aquifer from initial levels. This may occur due to pumping from a borehole, or from interference from neighbouring boreholes. 1. The most severe consequence of excessive water extraction is the depletion of water sources. Aquifers are meant to be replenished. This recharge happens when the aquifer receive precipitation which seeps into the water bearing rock and travels through a combination of hydrostatic forces and capillary action. As the rate of recharge for any particular aquifer is fixed, drawing too much water from the aquifer can actually cause severe decreased in water availability for all boreholes relying on the aquifer for water. Additionally, a cone of depression forms around the borehole. This causes the water in the aquifer to flow down towards the borehole currently being pumped and taking even more away from other users. 2. As the water in the aquifer is flowing through it, it will often exit the aquifer in streams, lakes and wetland. If depleted, the available water reaching these water bodies will also be cut. Depleted wetlands will have severe impacts on the fauna that rely on the water. 3. Land subsidence can also happen due to excessive water extraction. The water contained in the aquifer is often held under great pressure applied by the strata of soil above. This pressure contributes to the overall strength of the aquifer and when the water is removed, the rock can collapse into itself. It can happen over a very large area of land or can happen in localised places causing sinkholes. Though it should be mentioned that no such event has been recorded along the Merti Aquifer. 4. As the pumping of water is continued and the level continues to drop, the cost associated with drawing water from the aquifer increases. This happens because the water has to be pumped from greater and greater depths and any future boreholes have to be drilled deeper, therefore increasing the general cost associated with the water. 5. Deterioration of water quality can occur due to saltwater intrusion. Water found in the deepest strata tends to be very saline. Under natural conditions the boundary between the freshwater and saltwater tends to be relatively stable, but pumping can cause saltwater to migrate upward, resulting in saltwater contamination of the water supply. Mitigation: Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 125  With the help of WAJWASCO and the County Government, policies should be set in place to regulate the drilling and abstraction of water in the area. There should be a limit to the number of additional boreholes that can be drilled and on the amount of water that can be abstracted from any one borehole. This can be done with the WRA guidelines. WRA will control the licensing and monitoring put in place to ensure that people are adhering to the rules set in place. Licensing should entail giving borehole operators and drillers the license to carry out their duty. This will restrict the functionality of unlicensed drillers and operators and fear of sanction will prompt them to get their license.  WAJWASCO personnel should be trained on their roles and responsibilities. The right personnel should be equipped with the right equipment so as to ensure a quality supervision of project facilities.  Sensitize and educate the beneficiaries on the need to conserve water and promote best practices in the use of water. Steps should be taken to avoid wastage and misuse of water so as to avoid the necessity of excessive abstraction.  Ensure optimum maintenance of the water supply system components including pipelines, valves and consumer taps  Ensure that the proposed boreholes are located a safe distance from existing boreholes to avoid the abstraction affecting other boreholes.  Water quality should be checked at key times of the year for bacteriological and chemical contamination in accordance with national guidelines (e.g. arsenic, nitrate, fluoride, iron, manganese). Groundwater levels as well as continued adherence to groundwater protection measures need to be monitored 7.5.3.3 Impacts related to the operation of the pump room Diesel generators tend to be more reliable than other energy sources and are easy to maintain. This has led to their being popular for use as alternative sources of energy in projects like this. They can however be very loud and can cause noise pollution. The effect of this on operators can range from hearing loss to sleeping problems. Animals in the area can also be affected, leading to changes in feeding and reproductive habits. Pollution can occur due to maintenance works associated with the pump rooms. Oils and lubricants can be spilled and leak into the ground and can find its way into surface water and ground water. Poorly maintained generators can generate a lot of smoke causing air pollution. For this project, solar powered generators are proposed with sufficient energy back up. Mitigation:  Alternative sources of energy should be used in place of the generators. The proposed solar energy should be the primary source of power with the generators being used as an emergency power source.  All chemicals and lubricants should be stored in appropriate containers and equipment serviced by experienced personnel. The generators Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 126 should be installed on impermeable concrete surfaces to prevent seepage of spilled liquids into the soil below. 7.5.3.4 Spread of water borne diseases and increase in mosquito breeding sites With increasing population and demand of water resources, more energy may be directed into enhancing water flow but forgetting the management of sanitation and wastewater. Water spillage around the taps during operation may provide breeding ground for vectors of diseases such as worms and mosquitoes. This can also happen as a result of broken reticulation pipes that leads to leakage and loss of water. Increased use of water will also lead to an increase in generation of waste water. Poorly managed, this can lead to contamination of shallow ground water sources and further spread of disease. Mitigation:  Waste water drainage channel be constructed to lead water away from the water points and water kiosks.  Boreholes, reticulation pipes, water kiosks and tanks should be maintained continuously  Waste water management in the beneficiary areas should be enhanced so as to reduce risk of contamination of ground water and to reduce spread of disease. 7.5.3.5 Operation and maintenance safety and health hazards During operation and maintenance of works by the attendants, there may be a certain risk of health impact for workers handling chemicals used for water treatment and the laboratory i.e. Chlorine. In addition, activities involving servicing and maintenance of electrical and pumping machines, cleaning of washout vales, opening trenches for buried lines, operating trucks and motor cycles etc. when undertaken without proper mechanisms in place, can result in serious injuries and long-term health deterioration of affected workers. Mitigation:  The risk of exposure of chemicals shall be minimized by having adequate storage facilities for the chemicals and by providing appropriate safety equipment at the worker’s disposal;  Detailed instructions on use and precaution measures shall be available in a comprehensive Operation and Maintenance (O&M) Manual to be prepared and submitted to WAJWASCO on completion of the Works;  Provide material data sheets for all chemicals used at the treatment section and laboratory and undertake continuous staff training on safety and health, in line with OSHA, 2007;  Formulate and implant occupational safety and health plan for all the project the O&M activities; Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 127  Undertake annual safety and health audits in line with OSHA,2007 7.5.4 Cumulative impacts during Operation and maintenance Cumulative impacts are those that result from the successive, incremental, and/or combined effects of an action, project, or activity when added to other existing, planned, and/or reasonably anticipated future ones. The assessment of cumulative impacts considers the environmental and socio-economic cumulative effects of the Project in combination with other existing, planned and reasonably predictable future projects and development activities in that region. 7.5.4.1 Cumulative impacts associated with continued pumping Intrusion of salt water Intrusion of saline water from lower levels of the aquifer can occur as the number of boreholes tapping water from the same general area of the aquifer increases. Abstracting large amounts of water disturbs the boundary between the salt and the fresh water leading to contamination of the fresh water Pollution induced by maintenance of other boreholes When a well has been unused for a while, chemicals are used to dissolve the in-crusting materials that grow in the well shaft. These chemicals can make their way into the water to be picked up by other boreholes. Land subsidence This can occur when a large amount of water is drawn out of an aquifer. This subsidence can present itself as a general sinking of the land where the water is being abstracted, or as sinkholes. Deterioration of water quality As the water level in an aquifer falls due to continued pumping, its quality can worsen. The level of dissolved substances in the water can increase, leading to health problems in the people and animals that drink the water. Mitigation measures:  Policies should be set in place to regulate the drilling and abstraction of water in the area.  Water quality and water levels should be monitored at key times of the year for bacteriological and chemical contamination in accordance with national guidelines 7.5.5 Impacts during De-Commissioning De-commissioning of the Project is not envisaged. Project components however will be rehabilitated and improved over time. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 128 8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) 8.1 SIGNIFICANCE OF ESMP An Environmental and Social Management Plan (ESMP) for developing projects is used to provide a logical framework within which identified negative environmental impacts can be avoided, mitigated and monitored. In addition, the ESMP assigns responsibilities of actions to various actors and provides a timeframe within which mitigation measures and monitoring can be done. The ESMP is a vital output of an Environmental and Social Impact Assessment as it provides a checklist for project monitoring and evaluation. The ESMP outlined below will address the identified potential negative impacts and mitigation measures of the Project. 8.2 PURPOSE AND OBJECTIVES OF ESMP The specific objectives of the ESMP are to: • Serve as a guiding document for the environmental and social monitoring activities for the supervising consultant, contractor and the client management including requisite progress reports. • Provide detailed specifications for the management and mitigation of activities that have the potential to impact negatively on the environment. • Provide instructions to relevant project personnel regarding procedures for protecting the environment and minimizing environmental effects. • Document environmental concerns and appropriate protection measures; while ensuring that corrective actions are completed in a timely manner. 8.3 AUDITING OF ESMP AND REPORTING WAJWASCO and the contractor shall conduct regular audits to the ESMP 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: • The ESMP being used is the up to date version; • Variations to the ESMP and non-compliance and corrective action are documented; • Appropriate environmental training of personnel is undertaken; • Emergency procedures are in place and effectively communicated to personnel; • A register of major incidents (spills, injuries, complaints) is in place and other documentation related to the ESMP shall be maintained and available for inspection through the project implementation phase. In addition, in line with the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 and its 2015 revisions, and World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 129 promptly reported to the respective regulatory institution in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank. Investigation shall be conducted, and a corrective action plan developed for every reportable incident to prevent recurrence; and • Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued 8.4 PROJECT IMPLEMENTATION The project will involve the drilling and equipping of 4 No. boreholes in Lambib area, laying of raising mains and a reticulation network in Wajir town, construction of 15No water kiosks, and a water office and laboratory block in Wajir. As a basis for construction management a bar chart showing the project's implementation will be prepared. It will define phasing targets for the entire development. The programme should incorporate practical time-frames for the construction contract lengths and the periods required for the construction stages. Sufficient time should be allowed for: • the preparation of tender documents • tendering and tender analysis, recommendations and acceptance • and the contractor's mobilization. In order to accelerate implementation, some activities can, be initiated before the real start of a project. These initial actions will include the pre-qualification and selection of design and supervision consultants and the preparation of tender documents for any site-preparation works in advance of the main construction contract. 8.4.1 Contract Administration Design and supervision consultants, will be appointed to oversee the works. Apart from day-to-day supervision of the project, their responsibilities will also cover the preparation of the tender documents, including working details, tender drawings, specifications and bills of quantities, an overall cost plan and procurement schedules for obtaining equipment. Before initiating construction operations, a number of issues related to construction supervision and monitoring procedures will need to be resolved: • definition of responsibility of the client's representatives • who will have responsibility for setting out the works • who will have authority for giving instructions on the site • who will be responsible for preparing a schedule of defects at the end of the contract period • the length of the "defects-liability period" Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 130 • the date for '"practical completion" of the works The project’s Bid Documents will incorporate the Environment, Soci al Health and Safety Provisions discussed under this ESMP. The Project Contract Document shall include provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (C-EMSP). The C-ESMP shall provide for incident classification criteria and an incident escalation hierarchy. 8.4.2 Local contracting capacity To achieve the desired goals, the selection of the contractors should ensure that the selected contractor can perform adequately and cost effectively. The abilities of local contractors will, therefore, need to be assessed. The criteria to be used for the assessment are related to the technical personnel they employ, the construction equipment they possess, their experience in terms of projects completed and their financial assets. 8.4.3 Selection and pre-qualification of contractors. Bidding will be on a selective tendering basis, taking into account the need for the contractors to have experience. Drilling and equipping of the boreholes will require experience in the installation of pumping equipment and laying of reticulation pipes. 8.5 THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN Mitigation measures have already been discussed in Chapter 7. However, a brief summary is included in the Environmental and Social Management Plan (ESMP) in Table 8-1 below. Also considered in this management and monitoring plan are the persons responsible for implementation. The cost of some of the proposed mitigation measures will have been included in the main engineering Bills of Quantities and therefore need not be included in the Environmental mitigation costs. These costs will also include cost of supervision for implementation of mitigation measures. These costs will be added to the Bill of Quantities as the Environmental Mitigation Costs. The tables below show cost estimates for environmental mitigation. The brief description of the items is for identification purposes and does not supersede or modify the detailed descriptions of works in the Bills of Quantities and Design Reports. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 131 8.5.1 Environmental and Social Management Plan (ESMP) Table 8-1: Environmental and Social Management Plan (ESMP) Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Pre- Loss of land The boreholes will be located outside residential WAJWASCO/County N/A construction/ livelihood within areas. This is largely community land which the government of Wajir Planning the project sites locals indicated they would give land use right for the project. As such no compensation for the land taken up by the project will be required. The community land resolution and consent for land usage permit report has been prepared. in consultation with the local population. Construction Air quality • Use protective clothing like dust masks on Contractor • Kshs 100,000.00 per site construction crew. to cater for dust masks for Resident Engineer • Construction sites and regularly used transportation the whole project period for routes will be water-sprayed on regularly. all site users. • All the vehicles and construction machinery should • Kshs 10,000 per site for be operated in compliance with relevant vehicle spraying water on roads emission standards. and excavated surfaces for • All construction machinery shall be maintained and dust control serviced • Contractor shall comply to the provisions of EMCA 2015 (Air Quality Regulations 2014); • All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Construction Solid and Liquid • Provide adequate waste disposal facilities. Contractor Kshs 75,000.00 per site to Waste • Ensure spill kits are provided at the construction cater for solid waste sites management such as colour Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 132 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Generation • Ensure fuels, oils, lubricants and chemicals are Resident Engineer coded bins (red-hazardous, stored are stored in impermeable containers and yellow-recyclable & green- away from surface drains organic); as well as sealed • Ensure that the machines are serviced in specific collection drums for used oil locations off-site. disposal. Kshs 50,000.00 per site to cater for the capital of acquiring dustbins to be used during the operation period of the project. Other costs to be included in the O&M Manual Construction Site related Oil • The Contractor should ensure that the employees Contractor •Kshs 100,000 per site to spills on site are aware of the company procedures for cater for accidental oil dealing with spills and leaks Resident Engineers spils and tests on soil to • All vehicles and equipment should be kept in good ensure compliance working order and serviced regularly • Ensure spill kits are provided at the construction sites • Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers and away from surface drains Construction Impacts on Soil • The valuable top soil should be excavated Contractor, Kshs 75,000 per site for separately and piled in an adequate manner for re- planting trees on the site Resident Engineer use where applicable. after completeion of the • Plan emergency response measures in case of works accidental oil spills. Other costs included in solid • Use drainage channels lined with stone pitching in Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 133 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact locations identified to have a high risk of runoff and liquid waste • After completion of the construction works, trees management and in site will be planted on the site. related oil spills • Clearly demarcate the access routes to be used by vehicles and machinery so as to minimise the affected areas. Construction Impacts on water • Areas dedicated for hazardous material storage Contractor Costs included in solid and sources shall provide spill containment and facilitate clean liquid waste management Resident Engineer up through measures in case of spills and in site related oil spills • Provide solid and liquid waste disposal system and a waste collection bin for each housing unit, workshop, plant, structural shelter. • Ensure fuels, oils, lubricants and chemicals are stored are stored in impermeable containers and away from surface drains • Ensure that the machines are serviced in specific locations off-site. • Ensure proper measures are in place for collection and disposal of spilled oils and lubricants. • Ensure proper management of boreholes so that the safe yield is not exceeded • Ensure boreholes are cased so that the aquifer suppling the water to the shallow wells does not get drained. Construction Noise pollution • Construction activities to be scheduled carefully. Contractor No additional costs Night time's uses of certain noisy machines will be Resident Engineer regulated. • Where possible, ensure non mechanized Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 134 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact construction to reduce the use of machinery WAJWASCO • Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; • Contractor to prepare, for approval by WAJWASCO, a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations • Special care should be taken when construction is taking place near sensitive receptors. • To the extent possible, heavy vehicles should not be used at night across populated areas. • Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Impacts on flora • Empty containers and other waste to be managed Contractor Costs included in solid and and fauna carefully to avoid exposing animals to possible liquid waste management, Resident Engineer poisoning. site related oil spills and in • Promoting non-mechanized methods of impacts on soil construction whenever possible • Spare the vegetation that must not necessarily be removed such as trees and shrubs. • Re-plant the indigenous vegetation once work is completed. • The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks Construction Impacts on • Draft operational manual such as a Health and Contractor Toolbox meetings and public health and Safety Plan (HASP) for both civil and awareness trainings shall be Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 135 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact safety electromechanical. Resident Engineer included in the safety • The contractor should prepare a code of conduct trainings. WAJWASCO forhis/herstaff and ensure that it is followed to 900,000.00 for personal prevent accidents protective equipment for • Appoint a trained health and safety team for the 100 pieces at an average of duration of the construction work. 9,000.00 per person broken • Provide First Aid Kit within the construction site. down as follows: safety • Posting of clear and prominent warning signage at boots – 4,000.00; Helmet – appropriate potential points of entry to hazardous 1000.00; Reflector jackets – areas. 400.00; Gloves – 600.00; • Keep verifiable records of all accidents, incidences Overalls – 3,000.00. and corrective actions taken. • Ensure alcohol free work force. Other costs included in • Spread awareness to curb vandalism of safety impacts on air quality. equipment and other installations. • Installation of barriers like fences around active sites and other locations to prevent access to facilities by unauthorized persons. • Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. • Provide workers with appropriate personal protective equipment (PPE). • The workers should receive requisite training especially on the operation of the machinery and equipment. • Work to minimize or altogether eliminate mosquito breeding sites. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 136 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. Construction HIV & AIDS • In conjunction with County Health Officers, sensitize Contractor Kshs 400,000.00 to cater together with workers and the surrounding communities on for a comprehensive Resident Engineer STIs Impacts awareness, prevention and management of awareness program HIV/AIDS. WAJWASCO including VCT services and • Use of existing clinics to provide VCT services to provision for ARVs construction crew The County Government throughout the project • The contractor should provide quality condoms to period. personnel on site. Kshs 50,000.00 for the • Access to the contractor’s camps by outsiders provision of condoms in site should be strictly controlled. toilets and contractor’s residential areas • The Contractors will develop a SOPs for managing Toolbox meetings and the spread of Covid-19 during project execution and awareness trainings shall submit them for the approval of the Supervision be included in the safety Engineer and the Client before mobilization. The WAJWASCO & Supervising Eng. & trainings. Contractor SOPs shall be in line with the World Bank guidance 1,000,000.00 for personal on COVID-19, Ministry of Health Directives and site- protective equipment for Construction Spread of COVID- specific project conditions; 100 pieces at an average of 19 amongst • Mandatory provision and use of appropriate 10,000.00 per person. workers Personal Protective Equipment (PPE) shall be required for all project personnel including • Avoid concentrating of more than 15 persons or workers at one location. Where more than one Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 137 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact person are gathered, maintain social distancing at least 2 metersAll workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; • The project shall put in place means to support rapid testing of suspected workers for covid-19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc Spread of COVID-19 • Electronic means of consulting stakeholders and, WAJWASCO & Supervising Eng. & 500,000 amongst community Contractor holding meetings, whenever possible, shall be members during consultations encouraged whenever feasible. One on one Communication Expert/ processes engagements for the PAPs while observing social Stakeholder Consultation Expert distance and adhering to PPE wearing shall be Construction enforced; • Avoid concentrating of more than 15 community members at one location. Where more than one person are gathered, maintain social distancing at least 2 meters • The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 138 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. • Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. • In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. • Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Damage to • The Contractor to repair any damage done to Contractor No additional Costs. private property private property. Compensation to be Resident Engineer • The contractor should prepare a code of conduct determined when it and ensure that it is followed byhis/herstaff at all happens. times Construction Crime / Terror • Fencing off the storage sites for the contractor’s Contractor No additional cost activities equipment and materials. Resident Engineer management • Working with local committees to provide security within the site in addition to the Contractor’s own Local Administration Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 139 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact security. County Government of • Removing any employee who persists in any Wajir misconduct or lack of care. • Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel. • Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. • The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees to the police and undertake the necessary follow-up. • Relying on security apparats to provide continued updates on security matters and advising accordingly. Construction Child Labour and • Ensure no children are employed on site in The contractor No additional costs Protection accordance with national labour laws. The Resident Engineer • Ensure that any child sexual relations offenses among contractors' workers are promptly reported Local Administration to the police. Construction Effects of • Contractor should use the local workforce as much Contractor Kshs 20,000 per site for the Immigrant as possible. Depending on the size and the skill level installation of safety signs Resident Engineer workers of the local workforce, a share of the workers around the construction required for the project may be recruited locally. Local Administration • Effective community engagement and strong grievance mechanisms on matters related to labour • All workers to sign an employment contract including a Code of Conduct governing appropriate Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 140 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact behaviour in the accommodation facilities. • The workforce should be sensitized to local social and cultural practices and be educated on the expected behaviour and conduct • Prepare and enforce a No Sexual Harassment and Non-Discrimination Policy. • Ensure that the grievance redress mechanisms are adhered to. • Have a social/environmental specialist in the supervision consultant’s team with GBV specific skills. • Clearly define the GBV requirements and expectations in the bid documents • Have separate, safe and easily accessible facilities for women and men working on the site and in the residential accommodations. • Display signs around the project that signal to workers and the community that the project site is an area where GBV is prohibited. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 141 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Construction Gender Equity • Prepare and enforce a No Sexual Harassment and Contractor Kshs 200,000.00 to cater and Sexual Non-Discrimination Policy, in accordance with for hiring male and female Local Administration Harassment national law where applicable. mobile toilets at the • Strive for an equitable distribution of employment WAJWASCO contractor’s camp. opportunities between men and women. Mainstream Gender Inclusivity in hiring of workers as required by Gender Policy 2011 and 2/3 gender rule should be enforced; • Provision of gender disaggregated bathing, changing, sanitation facilities • Ensure the contractor follows the Grievance Redress Mechanism • Whenever harassments are recorded on site, the contractor should ensure prompt and effective remedial action • The employees should be trained and sensitised on appropriate behaviour on the construction site and within the residences Operation Impacts on • Policies should be set in place to regulate the drilling WAJWASCO and WRA At least 5 meetings to be aquifer water and abstraction of water in the area. There should held to train the people of availability be a limit to the number of additional boreholes that Wajir on the use, misuse and can be drilled and on the amount of water that can wastage of water. Cost per be abstracted from any one borehole. meeting, Kshs 50,000.00 • Licensing should be implemented and monitoring put in place to ensure that people are adhering to Kshs 50,000.00 per site for the rules set in place. testing of water quality • WAJWASCO personnel should be trained on their testing roles and responsibilities. The right personnel should be equipped with the right equipment so as Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 142 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact to ensure a quality supervision of project facilities. • Sensitize and educate the beneficiaries on the need to conserve water and promote best practices in the use of water. • Ensure optimum maintenance of the water supply system components including pipelines, valves and consumer taps • Ensure that the proposed boreholes are located a safe distance from existing boreholes. • Water quality should be checked at key times of the year for bacteriological and chemical contamination in accordance with national guidelines Operation Impacts ▪ Solar energy should be the primary source of WAJWASCO Costs included in impacts associated with power with the generators being used as an of soil pump room emergency power source. operation ▪ All chemicals and lubricants should be stored in appropriate containers and equipment serviced by experienced personnel. ▪ Trees native to the area should be planted around the boreholes to help cut down on noise and air pollution Operation Mosquito ▪ Waste water drainage channel be constructed WAJWASCO Kshs 20,000.00 per water breeding and to lead water away from the water points and site for the construction of disease water kiosks. drains to prevent pooling transmission ▪ Boreholes, reticulation pipes, water kiosks and of water tanks should be maintained continuously ▪ Waste water management in the beneficiary areas should be enhanced so as to reduce risk of contamination of ground water. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 143 Project Environmental Cost (KShs.) Mitigation Measure Responsibility Phase / Social Impact Operation GBV and Sexual ▪ Implement provisions that ensure that gender- Contractor To be determined as part exploitation and based violence at the community level is not of annual operation cost Local Administration abuse. triggered by the Project. ▪ Ensure adequate referral mechanisms are in WAJWASCO place if a case of GBV at the community level is reported related to project operation. ▪ Develop and implement an SEA action plan with an Accountability and Response Framework as part of the ESMP. ▪ Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc. Operation Safety and ▪ Provide standard operation manual inclusive of WAJWASCO To be determined as part health hazards Health and Safety Plan (HASP) for all operation of annual operation cost and maintenance activities. ▪ Provide workers with appropriate personal protective equipment (PPE). ▪ Provide First Aid Kit within the work stations. ▪ Posting of clear and prominent warning signage at appropriate locations with hazardous materials and maintaining Material Data Sheets. ▪ Keep verifiable records of all accidents, incidences and corrective actions taken, in line with OSHA 2007. ▪ Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 144 The estimated cost for implementing the ESMP during construction and operation is Kshs. 6,800,000.00 (Kenya Shillings Six million, eight hundred thousand). Excluding Construction ESMP Costs, the cost of ESMP during operation will be Ksh 580,000. The ESMP operation costs will require annual budgeting. The project’s Bid Documents will incorporate the Provisions of this ESMP. In addition, the Project Contract Document shall in clude provisions for the contractor preparing and implementing site specific Construction Environment and Social Management Plan (C- EMSP). Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 145 8.6 ENVIRONMENTAL AND SOCIAL MONITORING PLAN The purpose of the Environmental and Social Monitoring Plan for the proposed project is to initiate a mechanism for implementing mitigation measures for the potential negative environmental impacts and monitor the efficiency of these mitigation measures based on relevant environmental indicators. The Environmental and Social Management Plan identified certain roles and responsibilities for different stakeholders for implementation, supervision and monitoring. The objectives of the Environmental and Social Monitoring Plan therefore are: • To ensure that the recommendations in the approved ESIA report are adhered to by the various institutions • To ensure that the environmental and social mitigation and their enhancement actions are well understood and communicated to all involved stakeholders. • To ensure that the proposed environmental and social remedial measures are implemented during the project execution stage. • To evaluate the effectiveness of environmental and social remedial measures. • To evaluate the effectiveness of various evaluation techniques and procedures. • To provide the Proponent and the relevant Lead Agencies with a framework to confirm compliance with relevant laws and regulations. Conversely, environmental monitoring provides feedback about the actual environmental impacts of the project. Monitoring results help judge the success of mitigation measures in protecting the environment. They are also used to ensure compliance with environmental standards, and to facilitate any needed project design or operational changes. A monitoring program, backed up by powers to ensure corrective action when the monitoring results show it necessary, is a proven way to ensure effective implementation of mitigation measures. By tracking the project’s actual impacts, monitoring reduces the environmental risks associated with the project, and allows for project modifications to be made where required. The table below the indicators that will be used to monitor the implementation of the sanitation project. The indicators are selected based on the project and major anticipated impacts. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 146 8.6.1 Environmental and Social Monitoring Plan Table 8-2: Proposed Environmental and Social Monitoring Plan Frequency Responsibility Environmental Monitoring Phase Performance Indicators of Corrective Action Component Requirements monitoring Construction Air quality • Level of dust generated. • Physical inspection Weekly Environmental Implement & operation • Provision of PPE. • Interview residents Supervisor recommendations • Respiratory infections including workers reported in the nearby • Liaise with other health facility. stakeholders Construction Solid and Liquid • Flow of wastewater on the • Physical inspection Monthly Environmental Implement & operation Waste ground surface. • Number of complaints Supervisor recommendations Generation • Amount of solid waste on Contractor site • Status of housekeeping on site Construction Site related Oil • Presence of oil spillage due • Physical inspection Monthly Environmental Implement and spills to the construction activities. • Number of complaints Supervisor recommendations operation • Presence of oil spills on the Contractor construction site. • Construction Impacts on Soil • Presence of oil spillage due • Physical inspection Monthly Environmental Implement to the construction activities. Supervisor recommendations • Number of vehicles being Contractor serviced outside the designated areas • Presence of erosion channels as a result of project activities Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 147 Frequency Responsibility Environmental Monitoring Phase Performance Indicators of Corrective Action Component Requirements monitoring Construction Impacts on • Presence of solid and liquid • Physical inspection Monthly Environmental Implement water sources waste in water resources. • Chemical inspections Supervisor recommendations • Evidence of oil spills in water • Number of complaints Contractor resources. from locals • Evidence of chemical WAJWASCO contaminants in water sources Construction Noise pollution • Machinery operating near • Physical inspection Weekly Environmental Implement and schools and hospitals • Number of complaints Supervisor recommendations operation • Machinery operating at night from locals Contractor Construction Flora and fauna • Amount of vegetation • Documentation of Bi-Monthly Environmental Implement removed uprooted and cut Supervisor recommendations • Use of machinery where down trees human labour can sufice • Physical Inspection Construction Public health • Prevalence rates of common • Contractor Weekly Environmental Investigate non- and safety diseases. • Resident Engineer Supervisor compliance and • Provision of condoms, • WAJWASCO make contraceptives and mosquito recommendations nets. Implement • Conduction of campaign recommendations meetings on transmission of diseases like HIV/AIDS and other STDs. • Availability of adequate solid waste bins. • System of safe disposal of Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 148 Frequency Responsibility Environmental Monitoring Phase Performance Indicators of Corrective Action Component Requirements monitoring both solid and liquid waste in place. • Availability of first aid facilities. • Outpatient attendance registers. • Compliance with the Health and Safety Act. Construction HIV & AIDS & • Number campaign meetings • Inspection of Monthly Contractor Implement STIs on transmission of diseases HIV/AIDS prevention recommendations Environmental like HIV/AIDS and other services within the Supervisor STDs. site. • Number of condom • Number of condoms, dispensers within the site. ARVs provided. • Number of ARVs provided to vulnerable persons Construction Damage to • Record of accidents and • Review of records Weekly Environmental Implement private property damages done • Interviews with staff Supervisor recommendations and local community. Construction Crime • Number of reported crimes • Review of records Weekly Environmental Implement management • Number of complaints • Interviews with staff Supervisor recommendations and local community Construction Child Labour • Record of employees • Review of records Weekly Environmental Implement and Protection including IDs • Interviews with staff Supervisor recommendations • Records of all people visiting and local community the contractor’s residential Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 149 Frequency Responsibility Environmental Monitoring Phase Performance Indicators of Corrective Action Component Requirements monitoring area • Relevant plans and policies to the project should be checked on a regular basis to ensure compliance. Construction Immigration of • Complaints regarding • Review of records Weekly Environmental Implement workers employee behaviour • Interviews with staff Supervisor recommendations and local community Construction Gender Equity • Number of female employees • Review of company Weekly Environmental Implement and Sexual • Number of male and female staff records. Supervisor recommendations Harassment toilets • Records on • Complaints from female harassment SEA employees • Physical Inspection Construction COVID-19- • • Monitoring Weekly Availability of SOP(s), Training material, Spread of • Spread of COVID-19 amongst compliance with WAJWASCO & PPE, sanitising COVID-19 workers covid-19 relevant Supervising Eng. & facilities etc; amongst requirements Contractor(s) workers Construction Spread of • Spread of COVID-19 amongst • Monitoring Weekly WAJWASCO & Availability of SOP(s), and COVID-19 Supervising Eng. & Training material, Community members compliance with Contractor(s) PPE, sanitising Operation amongst covid-19 relevant facilities etc; community requirements members during • consultations processes Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 150 Frequency Responsibility Environmental Monitoring Phase Performance Indicators of Corrective Action Component Requirements monitoring Operation Aquifer water • Yields from project • Review of licences Monthly WAJWASCO Implement availability boreholes and other offered to borehole recommendations boreholes in the area operators • Quality of water from other • Records on the quality boreholes of water from project boreholes and other boreholes Operation Mosquito • Water collected at water • Physical Inspection Monthly WAJWASCO Implement breeding and points and from broken recommendations disease pipes transmission • Availability of appropriate PPEs at site. Operation Health and • Safety procedures; • Relevant OSHA Annually WAJWASCO Implement safety • Safety training for workers permit/work place recommendations • Incident/ accident reports, registration • community consultations • EHS records and feedback • Annual OSHA audit Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 151 Zamconsult Consulting Engineers Ltd. Oct 2019 8.7 GRIEVANCE REDRESS MECHANISM Construction activities are bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the construction works so that they do not have an adverse effect on the project. A grievance redress mechanism (GRM) is presented below to ensure the project’s social and environmental safeguards are adhered to. The purpose of the GRM is to record and address any complaints that may arise during the implementation phase of the project. The GRM is designed to address concerns and complaints promptly and transparently with no impacts (cost, discrimination) on project affected persons. The GRM works within existing legal and cultural frameworks, providing an additional opportunity to resolve grievances at the local, project level. The key objectives of the grievance redress mechanism are: • Record, categorize and prioritize the grievances; • Settle the grievances via consultation with all stakeholders (and inform those stakeholders of the solutions) • Forward any unresolved cases to the relevant authority. This procedure will not replace the existing legal system for dealing with grievances, however the PAPs and interested parties will be persuaded to use the proposed mechanism, and make use of the legal redress as a last resort at their own cost. For ease of handling the Grievances Redress Mechanism, the RAP has been combined with the ESIA mechanisms. 8.7.1 Grievance Log Documentation of complaints and grievances is important, including those that are communicated informally and orally. These should be logged, assessed, assigned to an individual for management, tracked and closed out when resolved. Records provide a way of understanding patterns and trends in complaints, disputes and grievances over time. The log will contain a record of the person responsible for an individual complaint, and record dates for the following events: i. Date the complaint was reported; ii. Date the grievance log was uploaded onto the project database; iii. Date information on proposed corrective action sent to complainant (if appropriate); iv. The date the complaint was resolved A sample grievance redress form is shown in Error! Reference source not found. of this report. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 152 Zamconsult Consulting Engineers Ltd. Oct 2019 Once parties agree on a path forward – such as an apology, compensation or an adjustment to operations – an action plan should be formalized and implemented. Depending on the issue, responses may vary from a single task to a program of work that involves different parts of the operation. Effective responses will also include engagement with parties involved to ensure that the response continues to be appropriate and understood. 8.7.2 Organisational Structure for Conflict Resolution It is recommended that the proposed GRM include members of the local administration, representatives of project affected persons from all locations affected by project activities as well as local and external professionals. The GRM for the project has been divided into three levels. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves project committee as discussed below. 8.7.2.1 Level one: Local Committee A committee consisting of the following members or their representatives will be formed to address grievances at the local level: i. Chairman: Area Chief ii. Secretary: Assistant Chief iii. Member of the county assembly representative iv. Representative from the county government of Wajir v. Members: Six PAP representatives consisting of two men (elders), two women(elders) and two youth (18-30 years) This committee will sit at the office of the Area Chief. The following procedure for registering grievances at this level is as follows: i. A PAP registers a grievance and within one working day, the committee members are alerted of the case ii. The affected person is immediately informed on the next date of the scheduled hearing. Depending on the case load, a maximum of seven working days will be given between the date that a case is recorded and the date when the hearing is held iii. The committee will meet once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held iv. The committee will communicate its judgement to the affected person within three working days after conclusion of hearings v. If no resolution is met or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within five days of the hearing vi. If the PAP is not satisfied with the judgement, he/ she will be allowed to move the case to the next level Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 153 Zamconsult Consulting Engineers Ltd. Oct 2019 8.7.2.2 Level two: County Committee Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing solutions. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. A county level committee constituted of the following members has therefore been proposed i. Respected opinion leader in the community such as a religious leader or community elder ii. Deputy County Commissioner iii. Members: Three PAP representatives consisting of a man, a woman and a youth This committee will be chaired by the opinion leader but the proposed secretary is the representative from the PAPs. The committee will sit once a month at the County government office. The following procedure for committee deliberations has been proposed i. A grievance is forwarded from the local level committee and lodged at the County Government office. This includes cases forwarded from the local committee level; ii. Within five working days, a notice is sent out to all interested parties informing them of the date of the hearing; iii. Prior to the hearing, the chairman and the secretary will determine the need for an arbiter and invite them to the hearing; iv. A hearing will then be held within twenty days of the grievance being raised; v. In cases where an arbiter is required, the committee ruling is final. The complainant shall however be made aware of the fact early prior to commitment to the arbiter; vi. The ruling of the hearing shall be communicated within three working days. vii. Disputes that cannot be resolved at this level will be forwarded by the committee to the next level within five working days. 8.7.2.3 Level three: Project Committee Some grievances may also occur that are outside of the direct control of the county committee and would require intervention at national or county level. These include disputes that require policy interpretation or investigations prior to conclusive resolution. In such cases, the committee may require legal interpretation on certain aspects. A project level committee constituted of the following members has therefore been proposed. i. Chairman: Chief Executive, Lands Housing and Urban Development ii. Secretary: Deputy County Commissioner iii. A specially delegated representative from WAJWASCO iv. Members: Three PAP representatives consisting of a man, a woman and a youth. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 154 Zamconsult Consulting Engineers Ltd. Oct 2019 This committee will sit once in three months at the County Government office. The following procedure is proposed for committee deliberations: i. A grievance is lodged at the County Government office and within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing. This includes cases forwarded from the county committee level ii. A hearing will then be held within thirty days of the grievance being raised iii. In the event that the investigations and technical witnesses are required, a maximum of three calendar days will be taken prior to a hearing being held iv. The committee decision will be communicated in writing within five days of the date of hearing v. If the committee does not resolve an issue, the affected persons are free to go to the Environment and Land Court Considering the various levels of decision making required at this stage, it is proposed that the final decision from this committee be communicated within three months. A Samples of the grievance form and a sample of a Grievance Resolution Form are attached in appendix D AND E respectively. The GRM process considers a special attention to GBV cases due to it sensitivity and urgency of support that are required. The GRM will have 13 focal person at the site who will be working and document on cases of gender-based incidents in close relation with the establish local committee. The committee will resolve any arising minor disputes on gender related issues that does not meet the threshold for criminal liability. However, where cases of GBV that amount to capital offences such as sexual violence against women and girls or serious assault with grievous body harm, the GBV focal person in support of local committee will link and refer the victim/survivor to Wajir gender and technical working group (WGTWG) to ensure offenders are apprehended and prosecuted in the local formal justice system and justice is delivered to the survivor. The Gender technical working group is a proactive multi-sectoral county stakeholder group which support cases of sexual and gender base violence reported county wide. It comprises of police, county department of gender, department of children services, county department of health, civil society (ALDEF KENYA, Wajir women for peace and Kenya red cross) wajir court users committee and local FMs. The technical working group has established gender recovery centre within Wajir county referral hospital and has a hotline number and gender-based violence desk. progress reports are shared during every bi-monthly GTWG meetings supported by wajir women for peace in partnership with UNDP Amkeni program and wajir legal aid program runed by ALDEF KENYA and its implementing partners. WAJWASCO legal officer is also a member of GTWG and the wajir court users committee who support wajir legal aid program on matters of GBV. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 155 Zamconsult Consulting Engineers Ltd. Oct 2019 8.8 INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF THE PROJECT AND THE ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs, local community and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Project Coordination Units have been established at both national (ministry) and county levels to oversee implementation of WSDP. The PCUs at both levels have both environmental and social safeguards experts who will be instrumental in overseeing the ESMP implementation. Table 8-3: Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water and • Central agency responsible for holding all Sanitation information on the ESIA and RAP. • Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ESIA and RAP. • A Project Coordination Unit has been established at the ministry level to oversee the implementation of WSDP and will have both environmental and social safeguards experts as part of the coordination team. County Government of Wajir Responsible for engaging with local community on matters concerning land and water distribution. CWWDA Responsible for the major contractual issues arising in this safeguards contract. WAJWASCO • Responsible for contracting the works, and supervising and managing the contractor, under the project • Responsible for day-to-day coordination and implementation of the project. • Oversee the contractor’s work • Ensure the grievance committees are established and working. • Monitor the ESMP implementation. NEMA • Review ESIA report and provide ESIA license for the project. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 156 Zamconsult Consulting Engineers Ltd. Oct 2019 • Monitor and enforce provisions of EMCA Contractor • Implementing the project • To ensure strict compliance environmental specifications of this ESMP Community Members • Responsible in ensuring that the projects are implemented as agreed upon. • Reporting negative and positive issues brought about by the project to the relevant agencies. • Acting as watchdogs for the project and future generations. Supervision Consultant • Ensure that the proposed ESMP is up to date and is being used by the contractor. • Periodic audits of the ESMP will have to be done to ensure that its performance is as expected. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 157 Zamconsult Consulting Engineers Ltd. Oct 2019 9 CONCLUSION In summary, it can be said that the project has net positive impact – mainly on the health of the beneficiaries through the supply of adequate quantities of clean water. The negative impacts are minimal and are concentrated in the construction phase which is temporary. The negative impacts identified in this ESIA during all the phases of the project including waste generation, air pollution, noise pollution, occupational health and safety impacts, community health and safety impacts, traffic, immigration of workers, and risks such as GBV, SEA and and COVID 19 pandemic will be limited to the specific project location and can be mitigated through the measures proposed in the ESMP as well as the preparation and implementation of safeguard policies. Other plans to aid the safe project implementation can be included as the project continues. Potential impacts resulting from the operation of the project were associated with excessive abstraction of water. These can be rectified through appropriate licensing of boreholes and borehole operators and supervision of the water levels in the aquifer. The project will not trigger resettlement. The boreholes will be situated within community land which the locals have been engaged and a community resolution and consent for land usage obtained. There are no structures in the proposed project areas and the land is not in use. Any local community issues that may arise will be address through the implementation of a Grievance Redress Mechanism (GRM). This will have three levels, each populated with local administrative officials from the project area and professionals involved with the project. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves a project committee. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 158 Zamconsult Consulting Engineers Ltd. Oct 2019 10 REFERENCES Wajir Town Water Master Plan – Zamconsult Consulting Engineers Republic of Kenya, Environmental Management and Coordination Act (EMCA, Cap 387), Government Printer, Nairobi Republic of Kenya, Water Act (2002), Government Printer, Nairobi Republic of Kenya, Public Health Act, Cap 242, Government Printer, Nairobi. Republic of Kenya, Environmental Impact Assessment/Audit Regulations 2003, (Legal Notice No.101) Government Printer, Nairobi The Constitution of Kenya, 2010 The Land Act, No. 6 of 2012 The Community Land Act, No. 27 of 2016 The Physical and Land Use Planning Act, 2019 The Occupational Health and Safety Act, 2007 The HIV and AIDS Prevention and Control Act, No. 14 of 2006 The Sexual Offences Act, No. 3 of 2006 The Children’s Act, No. 8 of 2001 The County Governments Act, No. 17 of 2012 International Finance Corporation and World Bank Environmental, Health and Safety (EHS) Guidelines World Bank Operational Policies Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 159 Zamconsult Consulting Engineers Ltd. Oct 2019 11 APPENDICES 11.1 APPENDIX A: SURVEY QUESTIONNAIRE Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 160 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 161 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 162 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 163 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2 APPENDIX B - PUBLIC AND STAKEHOLDER CONSULTATION 11.2.1 Minutes of the public consultation meeting held at Lambib chief’s office on the 3rd of September 2019 at 2.30pm. 1 Present • Nyamweya Maxwell - Zamconsult • Abdi Mohamed Adan– WAJWASCO Consulting Engineers • Kevin Moranga - Zamconsult Consulting • Fatuma Elmi Muhamed Engineers • Halima Abdille Omar • Mohamed Omar • Ebla Irsak Muhamed • Said Osman • Abdi Muktar Issak • Adow Osman • Mohamed M. Harun - Chief • Ibrahim Muhamed Alason • Habiba Ahmed Alass • Kasim Abdi Barow • Rukuya Share Yussuf • Guhad Adow Osman • Rukiya Abdi Muhamed • Abdi Ahmed Abdullahi • Halima Billow Issak • Muhamed Mude Hassan • Diis Osman Muhamed • Adan Ibrahim Hassan • Alass Hussein Issak • Hassan File Jamale • Muhamed Issak Adan • Ibrahim Diriye Omar • Osman Diriye Omar • 2 Introduction Introductions were then done by WAJWASCO representative Abdi Mohamed Adan. He introduced the project and the consultant and gave a general description of the project. 3 Presentation on the Project The Consultant gave a brief presentation on the scope of the proposed project The project would involve the drilling and equipping of four boreholes in the area. A test borehole will be sunk in the area and this will be dedicated to the community at the Lambib area. Each boreholes would require a piece of land 50m x 50m in size. This would be fenced and would contain the pumping equipment, a solar facility and a security station. One of the borehole sites would also include a 100m 3 storage tank and a house for the operator. The water, in this phase of the project, would be distributed via water kiosks that will be managed by a community representative in consultation with WAJWASCO. Water being pumped to Wajir Town would be distributed through 15 water kiosks that would be connected to the storage tanks in Wajir Minor. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 164 Zamconsult Consulting Engineers Ltd. Oct 2019 The one borehole to be used by the locals had already been sunk by the Wajir County government. The consultant and WAJWASCO were awaiting test results to determine the yield from the borehole. The Consultant explained the purpose of the public engagement and explained the reason for doing the ESIA. Both environmental and social impacts were expected from the project. These would include the loss of vegetation, dust and noise, and injury during construction and GBV cases. Mitigation measure would be put in place to minimize or eliminate such impacts these impacts. The land required for the boreholes would be acquired prior to the commencement of the project. The locals had previously indicated that they were willing to give land use right needed for the project but they had attached conditions to the land usage permit. The conditions attached were discussed with WAJWASCO and the County Government of Wajir. The land lease permit would mean that the community would not be compensated for the land taken up by the project. Comments and questions from the public would be addressed in the meeting and matters arising that may impinge on the project as currently designed would be included in the report to be presented to NEMA as recommendations. Where necessary advice on future improvements and alterations to the design would also be proposed following the results of the meetings. 4 Questions, Comments and Feedback 1. In previous engagements, the locals had indicated that they had approached both the county government and WAJWASCO on issues concerning water, health and access to the project area that the community had indicated had to be overcome if the project were to proceed. The consultant asked whether the community had reached an agreement on the matters and asked what the agreement reached had entailed. Alas Hussein indicated that a meeting had taken place and that representatives of Wajwasco and the County Government had been present. Wajwasco had prepared minutes for the meeting and had forwarded them to the county government. With regard to the water project, the community and the County Government agreed that; iv. The community members would get the water first, v. The water would be piped to every household in the area vi. Community members would be given priority for any jobs that they were qualified to do. The county also agreed to; ix. Construct a dispensary in the area x. Construct public toilets in the area xi. Construct a market in the area xii. Pipe water to the school in the area xiii. Pipe water to the chief’s office xiv. Improve the road to the area Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 165 Zamconsult Consulting Engineers Ltd. Oct 2019 xv. Construct street lights in the area 2. The consultant asked the community whether they were benefitting from the borehole that had been sunk by the County. Said Osman said that the borehole had been sunk recently and was yet to be equipped. They were yet to benefit from the borehole. Mohamed Harun said that he had been there when the borehole was being tested. They were waiting for the test results so that they could know whether the borehole had enough water to serve the community. 3. With regard to the matters agreed upon with the County, the consultant informed the community that Wajwasco could only handle matters relating to water. He asked the community if they would allow the project to continue if the County was to delay in implementing their part of the agreement, like the construction of streetlights and the improvement of the roads. Alas Hussein indicated that the community would allow the project to continue if Wajwasco was to spearhead the initiatives with the county. He wanted Wajwasco to work with the relevant County departments to ensure that the agreement was held to. He indicated that they would not interfere with the water project and would work with WAJWASCO to ensure its success. The Chief indicated that in the last meeting with the county, the community had agreed to form a committee that would pursue the County and ensure that the projects were implemented. The committee was yet to be set up. 4. Mohamed Omar indicated that the engineers doing the test on the borehole that had been drilled in the area had told him that the borehole did not have enough water. Wajwasco representative informed the community that the test results were yet to be released. He requested the community be patient and wait before passing judgement. 5. Abdi Abdullahi said that he had been to several of these meetings and he was disappointed that the disabled members of the community were never asked to attend the meetings. He also indicated that the Wajwasco were the only one that had been consulting with the community. He wanted the other departments of the County that had agreed to implement various projects attached to the drilling of the borehole also come to the ground and consult with the community. He also said that he had been there during the testing of the borehole and he agreed with the Mohamed that the borehole would not be enough to serve the community. The consultant agreed with Abdi that the disabled people were not often represented in the meeting. It would be a good if they were informed of the meetings so that they would show up in sufficient numbers. Reiterating what the Wajwasco representative had said, the consultant asked the community to wait for the test results. With regards to the other departments of the County meeting the community, he reiterated what the chief had said, reminding the community to form a committee and to work with Wajwasco to follow up with the County. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 166 Zamconsult Consulting Engineers Ltd. Oct 2019 6. Kassim Abdi said that he wanted the community to manage the water project. The consultant informed the members of the community that the management of the boreholes would be done by people hired through Wajwasco. It would be people from the community that would be hire to man the water kiosks and manage the boreholes. 5 Conclusion There being no other matters, the consultant thanked everyone for the attending and sharing their opinions. Concluding remarks were made by the Wajwasco representative. 6 Adjournment The meeting ended at 3:45pm. Photos Figure 11-1: Community members gathered for the meeting Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 167 Zamconsult Consulting Engineers Ltd. Oct 2019 Figure 11-2: Wajwasco Rep addressing community Figure 11-3: Consultant addressing community Figure 11-4: Wasjwasco rep addressing crowd Figure 11-5: Wajwasco rep addressing crowd Figure 11-6: Community showing support for project Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 168 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 169 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2.2 Minutes of the STAKEHOLDER engagement meeting held at WAJWASCO OFFICES on the 6TH of DECEMBER 2018 at 10.00am to 11.30 am. Present • Nyamweya Maxwell - Zamconsult Adan Bunow Hussein Consulting Engineers • Kevin Moranga - Zamconsult Consulting • Nasir Harun Engineers • Ahmed Omar MD WAJWASCO • Abdi Ali • Abdi Mohamed Adan– Sociologist • Halima Adbullahi WAJWASCO • Abdisalan – Environmentalist • Mohamed Farah- director water service • Ahmed Hussein Samow-water quality • Ebla Bashir Hassan – CEC Water, Wajir officer County • Mahat Rashid- MCA Ibrahim Urey • Hussein Abdisallan Dahir-MCA habaswein • Abdulizak Bare Muhamed- MCA • Ahmed Ismail Dugow-MCA LAGBOQOL SOUTH • Mohamed Ahmed Muhamud • 7 Introduction The meeting kicked off at 10:00 am. WAJWASCO MD, Ahmed Omar, introduced the project and the consultant and gave a brief description of the project and its components. He explained that the meeting had been called so as to involve the MCA’s in the consultation with the communities. Their involvement was important since the community had shown some reluctance towards the project, and their presence would help smooth the process. 8 Presentation on the Project The Consultant gave a brief presentation on the scope of the proposed project The project would involve the drilling and equipping of five boreholes in the area. Of the five, four would supply water to Wajir town and one would be set aside for use by the locals in the area. The boreholes would require a piece of land 50m x 50m. This would be fenced and would contain the pumping equipment, a solar facility and a security station. One of the borehole sites would also include a 100m 3 storage tank and a house for the operator. The water, in Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 170 Zamconsult Consulting Engineers Ltd. Oct 2019 this phase of the project, would be distributed via water kiosks that were to be managed by WAJWASCO. Water being pumped to Wajir Town would be distributed through 15 water kiosks that would be connected to the storage tanks in Wajir Minor. The one borehole to be used by the locals had already been sunk by the County. The consultant and WAJWASCO were awaiting test results to determine the yield from the borehole. The Consultant explained the purpose of the public engagement and explained the reason for doing the ESIA. Both environmental and social impacts were expected from the project. These would include the loss of vegetation, dust and noise, and injury during construction. Mitigation measure would be put in place to minimize or eliminate such impacts these impacts. The land required for the boreholes would be acquired prior to the commencement of the project. Occupants and owners of the land would receive compensation both for the structures that would be demolished and for the land itself. They would receive cash for the land, or if they so chose, they would be compensated in kind. This would involve moving them to other pieces of land and constructing their residences anew. The locals had previously indicated that they were willing to give land use right needed for the project but they had attached conditions to the land usage permit. The permit would mean that the community would not be compensated for the land taken up by the project. Comments and questions from the public would be addressed in the meeting and matters arising that may impinge on the project as currently designed would be included in the report to be presented to NEMA as recommendations. Where necessary advice on future improvements and alterations to the design would also be proposed following the results of the meetings. 9 Questions, Comments and Feedback 1. Elba Hassan said that it was important to overcome the hurdles that were facing the project. Wajir has perennial problems with water and sanitation and it was pertinent to include the community through consultations if their objections were to be overcome. It was therefore good that the leaders of the community had gathered to lay a path on how the matter would be solved. Objectors would always be present, so it would be the responsibility of the community leaders to engage with their community through meetings so as to soften their objections to the project. In Any project, there will be merits and demerits, both would be presented to the community. The borehole would not be drilled by force. The community would be consulted, with the consultations starting with the leaders in the areas, the chiefs, the MCA’s and the Elders and the Governor and his deputies. The County Executive Department was committed to seeing the project through and she was eager to work with the MCA’s to seeing the project implemented. She wanted to know what the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 171 Zamconsult Consulting Engineers Ltd. Oct 2019 community wanted. If the needs of the community could not be met fully, she wanted to know what could be done by the County Government and by the World Bank. If the area MCA has negative attitude towards the project, then it would be difficult to solve the problem. It was important to look beyond personal gain so as to benefit the community. She requested that the MCA’s present have a civil discussion on th e best way to implement the project. 2. Abdi Mohamed reiterated that the process of consultation was important in the implementation of the project. It would involve the chiefs and the elders at the lowest levels and it was pertinent that the MCA’s get involved in determining the way forward. Large sections of Wajir were experiencing water shortages. It was, therefore important to have the support of the community in getting the project implemented. 3. Mohamed Ahmed Muhamud raised the matter of a meeting that had been held with the community of in Kulaley. Many things were promised to the community. Among these were setting aside one borehole to be used by the community there, shallow wells would be sunk in the area. He was disappointed that none of these had been implemented and wanted a way forward from the MD of WAJWASCO. 4. Abdi Mohamed informed the participants that the project had two primary components, these were the water supply and the sanitation components. The other things that had been demanded by the community fell under Corporate Social Responsibility and were the responsibility of the county government and should not hamper the implementation of the project. These could already have been implemented. The problem was not stemming from WAJWASCO but from the County Resources Department. The project should not fail because of this. His demand was that the County Government take care of the CSR components and that it be made clear that the project was to handle the water sanitation components. It was important that this information be relayed to the community so that the responsible parties be put to task. 5. Ahmed Omar indicated that the leaders would meet and would finalize on matters raised in the previous meeting. 6. Kevin Morang’a indicated that it was important for the WAJWASCO team to meet with the local leaders. He pointed out that it was important that a firm date be set so that the consultations that needed to be done by the consultant could also be decided upon. The meetings with the stakeholder would be instrumental in determining whether the consultant would continue with his consultations. 7. Ahmed Omar requested that a meeting be arranged for the following Monday. 8. Adbi Adan requested that the Consultant supply him with a checklist that would be used to ensure that the meeting with stakeholders met with what was required. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 172 Zamconsult Consulting Engineers Ltd. Oct 2019 9. Kevin Morang’a indicated that he did not have such a checklist. An environmental impact assessment had been carried out initially and had involved the chief and the MCA in Lambib. It was for the land issues that more consultations had been mandated by the World Bank. He could not direct the meetings WAJWASCO was holding with other stakeholders and the community. He could only record their outcome. 10. Ahmed Ismail indicated that he had been in several meetings with the community already. Things always went smoothly but other meetings have taken place without his knowledge. This has happened several times and he wanted to always be involved in future consultations and site visits. He raised the matter of the promises that had been made to the community. An irrigation system had been promised to the community of Lambib. Implementing the water project without first implementing the promises would make it look to the community that they were involved. The community was even visited by the Consultant without first consulting the MCA’s and he had received news that the implementation was proceeding without his involvement. It was important that the local leaders were involved, including the youth, the women and the elders. 11. Kevin Morang’a indicated that all visits to the site had been done with the Chiefs. It was expected that the cheifs would communicate with the MCA’s. The last visit to Lambib the day before had only been to ascertain the locations of the sites. 12. Ahmed Ismail insisted that whenever anyone was visiting his area, he had to be informed. He should be told who they are and why they were there. It was after he received this information that he would communicate with the chiefs and instruct them to receive the visitors. 13. Ahmed Ismail said that the MCA’s and County representatives did not have a direct line of communication with the chiefs. He insisted that all communications got through the MCA’s and not the chiefs. The project had run into hurdles because of a lack of consultation and communication. Lambib had only been launched because the community had been promised several things. Since the project had begun a year earlier, he had not received any communication on the project. It would not be possible to implement the project while leaving the leaders in the dark. There was a lot to be done before the project could begin. Things that had been promised to the community of Lehelley included classrooms for the school, an office for the chief, a health centre, irrigation for the small scale farmers in the area. All this was to be under the water supply project 14. Kevin Morang’a pointed out that what was being proposed fell under CSR. All matters that had been raised by the community would be documented by the Consultant. He, Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 173 Zamconsult Consulting Engineers Ltd. Oct 2019 however, informed them that the he had not received minutes for the consultations with the community where all these demands were raised. He asked whether it was made clear that the consultations were being done for this particular project. Ahmed Ismail informed him that it was all done under this project. Kevin Morang’a indicated that similar issues had been raised the last time he was in Wajir and that the questions had been answered at the time. It had been indicated to the community that the purview of the Consultant was the implementation of the water supply. The demands of the community were recorded at the time. The promises made by the County Government were made at a later date in a meeting in which the Consultant was not involved. 15. Hussein Dahir indicated that a similar thing had happened in Habaswein. The main issue revolved around consultation and the CSR components. All records regarding the meeting should be shared with all parties involved so that the MCA’s and the chiefs can present it to the community appropriately. The people of Lehelley refused to have water from their community being sent to Wajir. This is similar to what the people had Habaswein had said. Most of the sub-counties were not at par with the governance of Wajir and were not willing to share their resources. The final decision regarding the sharing of resources often comes down to the Finance Department and the Governor. They were not always fair in the distribution of resources and it would be very difficult to convince the people to share resources laterally. With regards to the CSR, this was meant to be part of every project. All such projects have this component and if there was not meant to be any such component in the project, it should have been made clear at the onset. The County Government which made these promises has a track record of not fulfilling promises and they will not be believed this time round. 16. Abdi Mohamed said that future consultations would go through the MCA’s. He, however, expressed concerns that with so many people involved, the information would not make it all the way down the chain to the village representatives and the elders without distortion. It may be necessary to consult all involved parties so as to ensure the project progressed smoothly. 17. Adan Bunow said that the issue that had happened in Habaswein happened due to a lack of consultation. If the activity had started by involving the community on the ground, then it would have moved. The problem arose because of a lack of communication. The voice of the community also has to be considered. The role of the public participation is to cater for the needs of the community. Implementing the project without the consultations with the MCA’s and the community would not be allowed. To Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 174 Zamconsult Consulting Engineers Ltd. Oct 2019 solve the problem, it was necessary to involve all parties, including the elders, the youth and the MCA’s. 18. Abdi Mohamed suggested that the WAJWASCO representatives visit the County Representatives and discuss the distribution of resources. 19. Ebla Bashir requested that the MD supply them with a list of all activities that had taken place and all activities that were planned. A clear picture of the current state of the project would help in planning. She also wanted it cleared how the CSR would be implemented and how soon it would be done. She also wanted a plan on how Lehelley will be taken care off with regards to water once it had grown into a big town. 20. Ahmed Hussein informed the MCA’s that the project had two primary components. These were the sanitation and the water components. The two components of the project were intertwined. The project has been going on for a while, so it was important for the administration to be involved and have a clear understanding of the project. He informed the MCA’s present that the Consultant was in Wajir to determine the impacts of the project. The reports would be shared with them 21. Ebla Bashir informed the participants that the project was nearing its implementation. This was the reason for the public consultations. The MCA’s were pushing for involvement because they were not involved in the project and were interested in its implementation. They were very interested in making sure that the community’s needs were met so that all parties involved were contented with the outcome of the project. The discussions would continue to involve leaders such as the governor. It was not expected that anyone in the administration would be opposed to the project. 22. Ahmed Hussein reminded the participants that the project would be overseen by a project coordination unit. The political administration of the county would not play a significant role in the implementation of the project. 23. Ahmed Omar asked of the MCA’s what the way forward would be. He wanted to know what had been agreed in previous meetings with regards to the CSR and asked for documentation of the meetings to be supplied. He recommended that a team be formed whose purview would be consulting with the community. This would include the elders, imams, women and youth leaders. 24. Kevin Morang’a reminded the participants that the contract was drawing to a close. It was therefore important that the meetings with the community be expedited. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 175 Zamconsult Consulting Engineers Ltd. Oct 2019 He also indicated that the demands of the community would be included in the report. He therefore requested that the meeting with the community be held within two days so as to allow the works to proceed. 25. Abdi Mohamed pointed out that the biggest hurdle facing the project currently was the demands that had been raised by the community. As the implementation of this fell to the County, it was the County that was standing in the way of the County. He wanted the county to be pushed to do their part so that the demands of the people would not stand in the way of the project. It was wise to have the CSR implemented before the project begun. 10 Conclusion It was decided that a meeting would be held on the Saturday the 15 th. This would discuss the matter of the project with the community leaders. The consultant would receive documentation of the meeting, including minutes and attendance and the decisions that would be made before he held his own meeting. There being no other matters, the consultant thanked everyone for the attending and sharing their opinions. Concluding remarks were made by the WAJWASCO representative. 11 Adjournment The meeting ended at 11:30pm. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 176 Zamconsult Consulting Engineers Ltd. Oct 2019 12 Photos Figure 11-7 Meeting stakeholders 11.2.3 MINUTES OF LEADERS MEETING HELD AT WAJWASCO MD OFFICE ON 10TH DECEMBER 2018 AT 9:00AM. PRESENT MEMBERS. NAMES DESIGNATION Ebla bashir - CECM water services Ahmed Omar MD WAJWASCO Ahmed Ismail Dugow - MCA KHOROF HARAR Abdulizak Bare Muhamed - MCA LAGBOQOL SOUTH Mahat Rashid MCA Ibrahim Urey MCA-Adan Bunow Hussein - MCA DADAJABULA Abdi Mohamed Adan SOCIAL SAFEGUARD EXPERT Mohamed Farah- director water service DIRECTOR WATER SERVICES Hussein Abdisallan Dahir- MCA Habaswein AGENDAS Preliminary Project description. Concerns of the leaders Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 177 Zamconsult Consulting Engineers Ltd. Oct 2019 Way forward. 1. Preliminary The meeting was called on at around 9:30am with a word of prayer by the Ahmed omar. He gave vote of thank for attending the meeting. 2. DESCRIPTION OF THE PROJECT. The MD described the project and gave detail of what the project entails. He informed that the project is funded by World Bank through a loan to the Kenya government and grant to the county government. Further informed that the project has PIU team at the national level and PCU team at the county level. The PIU set at the Ministry of water and irrigation with some representative from the national treasury. PCU comprised of project coordinator, project engineer, environmental safeguard, social safeguard, procurement officers, finance manager and M&E He presented that the project has two components; water and sanitation where each subcomponent of the project composed of the following items: Project Items in the component component Water ➢ Drilling of 5No boreholes at Lambib component ➢ Main rising pipeline from Lambib to Wajir ➢ Fencing for the boreholes. ➢ Construction of pump housed ➢ Solar panels for each borehole ➢ Main water reservoir at Lambib ➢ Water troughs for animals ➢ Drilling of 5No boreholes at reihfet, maqarale and qumbi ➢ Main rising pipeline from rehfeit to wajir ➢ Fencing for the boreholes. ➢ Construction of pump housed ➢ Solar panels for each borehole ➢ Main water reservoir at rehfeit ➢ Water troughs for animals ➢ Water kiosk for each of the above-named sites i.e lamib and leheley ➢ Main rising from the dedicated borehole of the community to the town kiosks ➢ Connection lines to institutions like hospitals and schools. Sanitation ➢ Construction of 15 No ablution blocks for schools, 4No septic tank for component institutions: wajir police line, AP camp, Wajir reheral hospital and airport police camp, Clearing of wajir sanitary lane, 35 No Ecosans for pro-poor households in locations within wajir town, 5No econs Toilets for the VMGs in lambib and leheley. Apart from the works stated above he also conveyed that the project has consultancy services and component of goods. Which are as follows: a. Goods: purchase of 20 No gensets, 30No motorcycles, installation solar panels to 20No boreholes, 7No water boozers, 4No double Cubin pick up, 2No mountain cranes, 2No exhausters and bulky & normal meters for water connection, Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 178 Zamconsult Consulting Engineers Ltd. Oct 2019 b. Consultancy: Consultancy on behaviors change communication, CLTs, supervision of works consultancy, utility turn around consultancy and consultancy on development ESIAs. He informed that all the items stated above none of them had been implemented. He shared that all the activities are on design review stage. 3. Concerns of leaders in previous meeting. a. Involvement of leaders in project meetings. MD apologized to the meeting members and the entire leaders who raised concern of not being involved in the project implementation. He gave surety and reiterated that in the forthcoming meeting until the end of the project all stakeholders including the leaders will be invited and there will be not meeting without their blessing will proceed at the ground. He acknowledged that leaders are the gatekeepers of the community and nothing without them can be implemented successful. he as well acknowledged the individual effort of enquiring of some of the leaders about the project. b. Community promises. The MD acknowledged that each of the site (leheley and lambib) the shallow wells are progressively drying up hence it is paramount for these communities to benefit from the project interm of provision of water. He informed that before any water is pumped to Wajir town there will be at list piped water in these two locations. There will be a dedicated borehole for both the two-site accompanied by other water works that include kiosks, piping to kiosk, construction of reservoir or tank, fencing for the borehole, trough for watering livestock and provision of toilets to the communities. Further he informed the team that he has no mandate to implement other infrastructures that are squarely under the respective department in the county. The project budget cannot facilitate all the demands of the community which include construction of hospitals, construction of chief office, piping to kulaley town, and many others that were raised by the community. At this juncture he requested the leaders to factor in the county budget and ward development fund in order to fulfill CSRs outside water and sanitation. 4. Feedback from the leaders. MCA Ahmed applauded the MD for his presentation and accepted the apology of the MD. He acknowledges that all the CSRs raised by the community cannot be met at once but rather said it is good to budget for from the county budget. He assured that in his capacity he will consider at least to allocate one or two items from his ward development fund. He said that information sharing is very important and community always listen from their leaders and held them responsible for whatever is undertaken in their locality and promised to them. He requests as a team we shouldn’t promise what we cannot fulfil as county but tell the community the truth. Further he informed the meeting that him or his representative will be available for subsequent meeting upon notification. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 179 Zamconsult Consulting Engineers Ltd. Oct 2019 Abdirizak-MCA lagboqol thank the MD and the team. He informed that today he has the detail of the project and can answer several questions that were not clear to him. He informed that several occasion the community questioned him about the project and he couldn’t answer them. He said that community issues are very sensitive and should be handle with care otherwise the project will not proceed. The community informed him that one time a consultant from World Bank said to them that the project will not cater their need. This confirmed the wrong perceptions and feelings of the community about the county resources sharing formular. At this juncture I confirmed to them that no project will proceed without taking care of the need of Leheley community. He said that today he is happy that community needs have been considered and at least the community will be happy and welcome the project. He assured that the project will be given necessary corporation but there is a need fast to implement the community water related needs in order to win the heart of the community. He raised that Leheley community feels that they have not received their fair share of employment from the county and that is one of the key issues where the community want to be considered. He said any employment opportunity that arises community should fast be given priority. He informed that the works should take care of the community he informed that there are several community men who can carry out some of the works. He assured to the team that he fully supports the project and ensure the realization of the goal of the project. MCA- Mahat raise that as long as we are guided by the need of the community there should be affair share of allocation in term of provision of water infrastructures that the two communities requested. He said that information will be exchanged easily by these two communities leaving both Lehely and Lambib. He informed that once one of the communities learn that they were less considered in the allocations the project will face challenges. He therefore requests whatever Leheley is given should also be given to Lambib community. CECM water requested from the area MCAs to reach the ground before the consultant and informed the community that: 1. the project is priority for the county. 2. Their water needs will be facilitated before pumping to Wajir town through the allocated dedicated respective boreholes. 3. Any job opportunity that arises priority will be given to them. 4. Any other need outside water will be look into during the county budget preparation. She also requested that upon preparation of project reports especially ESIAs the leaders should be given copies and regularly updated so that they answer any queries concerning the project. conclusion Inconclusion the MD gave vote of thank and assured to the leaders that whatever discussed and raised will be taken in to account. It was agreed that the area MCAs will reach to the respective locations and discuss the project with the community before the consultant goes to the ground. 6.Adjournement. There being no any other business the meeting was adjourned at 10: 30am. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 180 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 181 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2.4 Minute held by Lambib community on drilling of borehole at Lambib on 26 th July, 2019 at 10:00AM. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 182 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 183 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 184 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 185 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 186 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2.5 Minutes of The Lambib Community and PCU Members Meeting Held At Water Services Board Room On The 27th Of July 2019 At 10:00am to 12Pm Present members s/no names Designation 1 Ebla bashir hassan CECM water service 2 Abdisalan Ibrahim Environmentalist (pcu member) 3 Omar daud khalif Sub-county administrator(w.east) 4 Ahmed ismail dugow MCA- khorof harar 5 Abdi mohamed Social safeguard specialist(pcu member) 6 Mohamed farah muhumed Director water services 7 Mowlid Hussein issak Ward admin khorof harar 8 Mohamed M. harun Assistant chief- lambib 9 Mohamed mude hassan Community member 10 Alas Hussein issak Community member 11 Kasim abdi barrow Community member 12 Daud adow ibrahim Community member 13 Hassan iisk adan Community member 14 Noor mohamed(ugas) Community member 15 Abdi jimale ahmed Community member 16 Yunis Hussein gadafey Community member 17 Abdi yussuf EIA expert 18 Ahmed farah Community member 19 Hassan abdi haji Community member Agendas 1. Introduction 2. Feedback from the Lambib community. 3. Land use right 4. AOB 5. adjournment MIN01: 27/08/19: Introduction. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 187 Zamconsult Consulting Engineers Ltd. Oct 2019 The meeting officially called on at 10:30 am and open with a word of prayer by one of the community members. All members introduced themselves. The CECM water services gave vote of thank to the present members and welcome all the members. She highlighted the issues agreed on previous meeting which included the management of the test drilled borehole, tariff of the water, the community consent on the project. Min02: 27/08/19: feedback from Lambib community In line with the agreement of the previous stakeholders meeting held at lambib on 24th of july where the community request to deliberate the matter and table there verdict in two days’ time, Noor mohamed (Ugas) the eldest in the community members gaved his vote of thank and assured to the team that the two days given to them was enough to deliberate. He mentions that the present members were the officially selected community members to negotiate and present the community needs to the project team. He assured that majority of the community members are in agreement and consented the project to kick off. He mentioned that the project has taken too long and requested to fasten the project process. He tabled a minute detailing the needs of the community. The following were the needs of the community. 1. Project Job opportunity to be given the community members. 2. Piped water to the households 3. Zero tariffs for water services 4. Construction of water tanks and piping system for the farms. 5. Construction of health facility. 6. Construction of toilets for the community 7. Upgrading of road network in Lambib sub-location 8. Construction of chief’s office. 9. Construction of modern market 10. Construction of baraza park 11. Provision of street lights 12. Fencing of the primary school 13. Construction of dormitory. In the discussion the needs were categorized into two types and it was agreed to be fast-tracked in the following manner. 1. Any related water needs. a) Piping to the household: In this item it was agreed that there will be a construction of enough number of water kiosk in the location and piping to the kiosk will be done as well. We further agreed that team Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 188 Zamconsult Consulting Engineers Ltd. Oct 2019 from the department will assess and quantify the number of kiosks needed with the help of elders from the community. b) Water tariffs: The test drilled borehole will be managed by the lambib community and the tariffs will be upon the community to decide since water services can never be free as there is attached cost of running the borehole. c) Construction of water tanks for the functional farms: it was agreed that the farms will be provided for water tanks if there will be enough budget. d) Sanitation (toilets). Though it was not quantified in the meeting it was agreed that the project will look in to the sanitation item and provide some sanitation facilities. It was agreed that the team who does the assessment of water kiosks and piping will also compile a report on this. e) Jobs opportunities. It was agreed that the community will be given priority on any vacancies that may arises during both the project implementation and operation. However, any technical person that cannot be sourced from the community will be outsourced. 2. Other need related to respective county department. In the deliberation the committee was informed that WAJWASCO does not have the capacity to implement neither it is not under its jurisdiction to handle any items that is not under water and sanitation services. However, the CECM water service assured to the community that she will table these items to the cabinet and ensures that the respective departments will be tasked to handle it. In this regard the community was request to bring forth 5 follow up committee members that will work with the CECM water services in ensuring on how to secure the above said items. In the meeting the MCA- khorof harar promised to put the construction of health facility in ward development budget of 2019/2020 financial year. Min03: 27/08/19: land use permit. Alas a member of the community official assured to the team that the community granted permit the parcels of land earmarked for the boreholes for the benefit of community good. Min04: 27/08/19: A.O.B There was no any A.O.B for discussion. Min 05:27/08/19: Adjournment. The meeting was adjourned at 1:00pm with a closing word of prayer from one of the members. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 189 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 190 Zamconsult Consulting Engineers Ltd. Oct 2019 13 Attendance Lists Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 191 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 192 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 193 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 194 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2.6 Minute of a meeting between Lambib community, project proponent and other stakeholders held at chief office on 5th December 2020 at 9:00am. Members present. S/NO NAME gender Id no: ORGANIZATION/DESIGNATION 1. Mohamed M harun M 27470854 Area chief 2 Richard K tuwei M 20477250 ACC1 3 Abdihakim B Noor M 27110850 CECM-Water services 4 Mowlid Hussein issak M 27234954 Ward admin 5. Mmbetsa O Beja M 10226223 Dcc wajer east 6 Ahmed O abdille M 0052796 TSM wajwasco 7. Abdinasir mohamud M 29208064 driver 8 Ibrahim abdille ali M 27794597 driver 9 Liban adam Mohamed M 27098419 Wajwasco staff 10 Mohamed omar issack M 29480065 Wajwasco company secretary 11 Mowlid abdullahi M 29376966 Wajwasco ass. engineer 12. Abdi Mohamed adan M 27271888 Wajwsco social safeguard expert 13. Abdikarim h omar M 21532457 Lambib community elder 14. Adow Osman abdi M Community elder 15 Bishar musa abdi M Community elder 16. Ibrahim diriye M Community elder 17 Ahmed Mohamed ali M Community elder 18 Ali issak M 23081888 Community elder 19 Yunis gathafey M 0055915 Community elder 20 Ahmed hilow M Community elder 21 Kasim abdi barow M 26943109 Community elder 22 Musa sumbul M 21325204 Community elder 23 Daud adow M 30301858 Community elder 24 Mohamed ahmed M 29932705 Community elder 25 Ibrahim abdullahi M 29630185 Community elder 26 Yussuf dacar wehwliye M 25194193 Community elder Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 195 Zamconsult Consulting Engineers Ltd. Oct 2019 27 Mohamed hassan omar M 0053297 Community chair Community 28 Alas Hussein issak M 0055910 Community elder 30 Hassan file M 29632714 Community elder 31 Adan farah ibrahim M 0041559 Community elder 32 Issa jelle M 849371 Community elder 33 Sarura hassan muhumed F Community member 34 Rukia issak adan F Community member 35 Sangaba adow F Community member 36 Robai idow F Community member 37 Nasra ugas F 34252483 Community member 38 Halima abdulahi F 24869127 Community member 39 Rukia abdi F Community member 40 Adana alasow F Community member 41 Halima ibrahim F Community member 42 Asha jimale F Community member 43 Habiba issak F Community member 44 Nuria elmi F Community member 45 Halima abdille F Community member 46 Mohamed adan M 24756865 Community member mohamed ABSENT WITH APOLOGY: 1. Ahmed ismail -MCA khorof hara Abbreviation: 1. Wajwasco: ----------Wajir water and sewerage company 2. DCC: ------------------district county commissioner 3. GRM: ----------------- grievance redress mechanism Mint1: 12/2020: Preliminary The meeting was officially opened by the area chief with a word of prayer and there after introduced the present members from Wajir to the community. He requests the proceeding of the meeting to be translated by ward admin. It was also his request from the community to clearly air their views in an orderly manner. He informed the Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 196 Zamconsult Consulting Engineers Ltd. Oct 2019 community that this a very important meeting where we will be signing document with the project implementers (wajwasco). The Dcc gave his opening remark and told the community that the project is a very essential project that will promote water needs in lambib area as well as improve the current water crises in wajir town. He informed that project need to be implemented swiftly and requested each and every member of the community to contribute ideas that can hasten the process rather than derailing the project. He informed that he is very happy to hear that several public participations have happen before including the preparation of the environmental and social impact assessment report. He informed that for a community to prosper they should look for ways to utilize the untapped resource like this underground water. Mint2: 12/2020: Project preparedness status. Engineer Ahmed briefly went through project component and informed the present members the project is still on course. He informed the community the priority of the project on both water and sanitation is still intact as we have discussed earlier in our previous discussions. This priority includes the dedicated borehole that was already drilled and distribution of water to a number of kiosks within the lambib town and the sanitation components. He also informed that upon completion of boreholes and it is equiping the community will receive three-month grace period of free water where each and every household will receive 60L of water per day and thereafter the implementation of pro-poor traffic will be effected. On safeguard he informed that we are under review stage of the final document prepared by the consultant. The bank team has reviewed most of this document and our safeguard team are up to the task in addressing the bank comments. He informed that today’s meeting will be majorly on safeguard issues including land and signing of consent and land use permit form. He informed that we have translated the consent form and Abdi will take us through the details in the form. At this junction the area chief confirmed that he has disclosed the form and already discussed with the community members. ALASS the community chairman confirmed that the community is in agreement with the terms in the form. Mint3: 12/202 Land and consent document. In the discussion Abdi the social safeguard expert read out each and every clauses and term of licensing in the consent form to the community and informed them that: 1. The cumulative land required by the project on permanent terms is 12,500M 2 since the four boreholes are not in one compound. the distribution lines will pass along the road reserve hence no person will be affected by project neither no settlement will be lost. 2. The licensing of the land doesn’t confer the proprietary right of the land to wajwasco but rather give them the right to use and right of way. 3. The land will be used for only the development of boreholes and other infrastructure belonging to the boreholes. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 197 Zamconsult Consulting Engineers Ltd. Oct 2019 4. The land demarcated for the boreholes are surveyed and a copy of the surveyed map will be shared with the community. 5. The land is unregistered community land currently there is no any known claim of the ownership of the land. 6. The community own more than 20KM2 of land and the licensed parcels of land that is located in different areas of the land will not reduce the livelihood status of the community. 7. The land licensed is free from encroachment and it is ownership is not contested. 8. Any cost associated with the licensed land will be covered by wajwasco. Upon discussion the community unanimously agreed and resolved to sign the consent form. The community also made it clear and resolved that the following community members will be their representative that signed for land use permit on their behalf and work closely with the project. s/no Name Id no contact designation 1. Alas Hussein Issak 0055910 072596499 Community chairman 2. Yuniss Yussuf 0055915 0713378687 Community elder Gathafey 3. Mohamed Mude 3453127 0723980516 Community elder Hassan 4. Kasim Abdi Barrow 26943109 0704871901 Community elder 5. Hassan File Jimale 29632714 0708274851 Community elder 6 Ahmed Mohamed Ali 23106017 0726267935 Community elder 7 Adan Farah Ibrahim 0041559 O746886346 Community elder 8 Musa Sumbull 23325202 0725441638 Community elder Mohamed 9 Abdi Siyat Omar 0179800 No phone number Community elder 10. Ibrahim Diriye Omar 21644995 0721338534 Community elder 11 Mohamed M. Harun 27470854 0724966135 Assistant chief Mint4: 12/20 Management of the boreholes. Upon discussion on the management of the borehole it was unanimously agreed that wajwasco will directly manage the day to day running of the borehole and source the required personals from lambib community. For sustainability of the boreholes it was agreed that it is upon the responsibility of Wajwasco to meet the maintenance cost of the boreholes including the dedicated borehole to the community. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 198 Zamconsult Consulting Engineers Ltd. Oct 2019 In regard to tarrif the community agreed that upon completion of boreholes and it is equipping they will receive three-month grace period of free water where each and every household will receive 60L of water per day and thereafter the implementation of pro-poor traffic will be effected. .Mint 5: 12/2020: Grievance redress mechanism. It was agreed that the GRM process will have three level committee that will address any issues concerning the project. Ahmed Omar technical service manager requested the members around to disperse and disseminate the necessary information to other community members that may not be present in the meeting in order for them to channel their grievances to the committee. He informed that community can use any form of channel of communication that they may deem convenient. The committee will be capacity build for them to handle matters satisfactorily and to expectation required. Abdi social safeguard person explained to the members that the fast committee will handle grievances and refer the cases to the next committee if they couldn’t resolve or the complaint is not contended with the decision taken by the respective committee. He informed that all the grievances will be accorded with reasonable time to be resolved. Further he informed the composition of each and every committee to the community. The local committee include: the area chief, representative of the member of county assembly, officer from wajwasco or county and six members from the list of select community members registered with office of DCC. The county committee includes: opinion leaders especially the religious leader in the community, assistant county commissioner, three members from the community and the area ward administrator. Project committee includes: The chief officer land and urban planning, Chief executive officer wajwasco, a member of project coordination unit, wajir east deputy county commissioner and three community members. Alas Hussein the community chairman reiterated that the community has a faith in the respective mentioned committees and hope that any complain or grievances that might arise will be resolved amicably. Mint6: 12/2020: A.O.B. COVID -19. The deputy county commissioner informed the community that the disease is real and has high mortality rate. He shared with the community that the symptom of the disease which include coughing, high fever, loss of appetite and loss of smell. Further he cautioned that the no person should rely of the ongoing myth that does not prevent neither cure the disease. It was shared that each and every member in the community to observe all preventive measure and follow the guidelines provided by the ministry of health. He reiterated that people should wear mask, wash hand regularly and keep social distance. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 199 Zamconsult Consulting Engineers Ltd. Oct 2019 He informed that the government has lift the bans and some of the containment measure not because that it doesn’t care it is people but rather acknowledged that citizens have learnt on how to cope with the disease as the likes of HIV AIDS. The Dcc instructed the area chief to come on his office on Monday 7 th December 2020 to collect mask for the people that don’t have or cannot afford to purchase mask. Mint7:12/2020: Adjournment. Having no any other business to discuss the meeting was adjourned at 1:00pm Below are photos of the meeting Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 200 Zamconsult Consulting Engineers Ltd. Oct 2019 11.2.7 Photos showing posters notifying the public on the meetings at Lambib Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 201 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 202 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 203 Zamconsult Consulting Engineers Ltd. Oct 2019 11.3 APPENDIX C - CHANCE FIND PROCEDURES Chance find procedures are an integral part of the project ESMP and civil works contracts. The following is proposed in this regard: If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: • Stop the construction activities in the area of the chance find; • Delineate the discovered site or area; • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; • Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or 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. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 204 Zamconsult Consulting Engineers Ltd. Oct 2019 11.4 APPENDIX D - SAMPLE GRIEVANCE FORM Grievance Form Grievance Number Copies to forward to: Name of the Recorder (Original)-Receiver Party Sub-County (Copy)-Responsible Party Date INFORMATION ABOUT GRIEVANCE Define The Grievance: Forms of Receive INFORMATION ABOUT THE COMPLAINANT Name-Surname □Phone Line Telephone Number □ Community/ Information Meetings Address □ Mail Village □ Informal Sub-County □ Other Signature of Complainant DETAILS OF GRIEVANCE 10. Access to 2. Damage to 3. Damage to 4. Decrease or 5. Traffic Land Infrastructure or Loss of Accident and Resources Community Assets Livelihood a) House a) Road/Railway a) Agriculture a) Injury a) Lands b) Land b) Bridge/ b) Animal b) Damage to c) Pasturelands c) Livestock Passageways husbandry property d) House d) Means of c)Power/Telephone c) Beekeeping c) Damage to e) Commercial site livelihood Lines d) Small scale livestock f) Other e) Other d) Water sources, trade d) Other canals e) Other and water infrastructure for irrigation and animals e) Drinking water f) Sewerage System g) Other 6. Incidents 7. Resettlement 8.Employment 9. Construction 10. Other Regarding Process (Specify) and Camp (Specify) Expropriation and Recruitment and Community Compensation (Specify) Relations (Specify) a) Nuisance from dust b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the project personal/worker e) Complaint follow up f) Other Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 205 Zamconsult Consulting Engineers Ltd. Oct 2019 Grievance Date Resolved Comment from the Comment from the Signatures of Resolved aggrieved party mediation team Both Parties Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 206 Zamconsult Consulting Engineers Ltd. Oct 2019 11.5 APPENDIX E - SAMPLE OF A GRIEVANCE RESOLUTION FORM Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 207 Zamconsult Consulting Engineers Ltd. Oct 2019 11.6 APPENDIX F - COMMUNITY LAND RESOLUTION AND CONSENT FOR LAND USAGE PERMIT REPORT Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 208 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 209 Zamconsult Consulting Engineers Ltd. Oct 2019 ENGLISH FORMAT OF THE ABOVE TRANSLATED LETTER. THE PRESIDENCY MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT Telegrams:” DISTICTER”: ……………………… OFFICE OF THE ASS. CHIEF Telephone: ………………………………………. ........................SUB-LOCATION When replying please quote PO BOX…………………… Ref. No: …………………………………………….. WAJIR COUNTY And date Date: ………………. RE: PROJECT LAND IN LAMBIB I Mohamed M. harun, ID No. 27470854 Assistant chief Lambib sub-location has verified that no settlement will be lost from Lambib sub-location as a result of licensing the project area defined in the community land resolution and consent form for land use permit . The land permitted and granted for right to use will be used for; 1. Drilling of five boreholes 2. Construction of water reservoirs (steel tanks) 3. Construction of kiosks and troughs 4. Laying of main rising pipelines and distribution lines 5. Construction of pump house. 6. Construction of borehole fence. Each borehole will be fence separately. Further, the project will require 1.25(Ha) on permanent basis. It has been verified that all parties; Ogaden and Degodia with interest in the land are also benefiting from the projects` main water benefits in form of a dedicated borehole. The members of the Community have been duly informed that they have the right of refusal to grant land use rights to WAJWASCO and the term of licensing include free water for three month, toilets and implementation of pro-poor tariffs after the three month elapses. The members of the Community that have interest in the land being licensed are identified as (Clan ogaden and Degodia. Name: ____________________________________________________________________ Signed : _________________________________________ Date: ______________________ Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 210 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 211 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 212 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 213 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 214 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 215 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 216 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 217 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 218 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 219 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 220 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 221 Zamconsult Consulting Engineers Ltd. Oct 2019 ENGLISH FORMAT OF THE ABOVE SOMALI TRANSLATED LAND CONSENT FORM COMMUNITY LAND RESOLUTION AND CONSENT FORM FOR LAND USAGE PERMIT No. ________ ITEM DESCRIPTION Project name Name of Investment Detailed specifications of investment Project Location: GPS coordinates and measurement of affected area (m2) Total area belonging to the community (km 2). Please specify under the “Description” column whether it is equivalent to the “catchment area”. Description of impacts Specifically, impacts on assets: • Trees that will be destroyed • Fruit Trees • Trees used for other economic or household purposes • Mature forest trees • Others Any other assets that must be moved or will be lost in order to implement the project. If any, please indicate the cost and source of valuation. Eventual owner of the land after licence granted for temporary use No. of Motnhs of free water to be received Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 222 Zamconsult Consulting Engineers Ltd. Oct 2019 BACKGROUND Wajir Water and Sewerage Company (WAJWASCO) will be granted permission in form of a licence by the Community to use the project area defined in this Community Land resolution and Consent form for Land Usage Permit. For this reason, we agree to the following terms of agreement. TERMS OF LICENCE AGREEMENT This agreement is between _______________________________________Community (the “Community “), represented by the undersigned, and the Wajir Water and Sewerage Company (WAJWASCO) of P.O Box _____________________________. WHERE AS i. Community Consultations were held on ……………………….. to which all residents of the investment area (specify) ……………………………………………………………….. were involved (Annex of list of members consulted) ii. Community representatives were duly nominated, who shall represent the interests of the Community under this agreement and subsequent engagements in this regard. That the following issues under this agreement were discussed and the residents and regular users of this land are in unanimous agreement to grant to ____________________________________ a licence over (measurement of land) ___________________ . iii. Location of the investment detailed in the map (Annex 3) for purpose of that the land be utilised as the site of the proposed -----development of borehole and auxualary equiped-------- ------------------------------------------------------------------------------------------------------- iv. The Community understands that they will pay a fee to -------------------------wajwasco--------- --------------------- to access water from the borehole investment, save for the three months’ grace period of free water granted by Wajir Water and sewerage Company ( WAJWASCO) as consideration for the licence under this agreement. v. The community Land Resolution and Consent form for Land Usage Licence No. --------------- ----------------- and all annexes hereto form part of this agreement. The Community Represents: 1. We all are aware that the land set aside for the investment is community land and no one is claiming individual ownership, because it belongs to the Community, and no alternative claims will be made at a later date on the land. 2. We have all agreed unanimously that the project implementation should continue. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 223 Zamconsult Consulting Engineers Ltd. Oct 2019 3. We all shall strive to peacefully resolve any conflicts with other communities concerning the investment. 4. We shall all strive to peacefully resolve any conflict arising out of the investment facility following due process provided by the laws of Kenya. 5. The land to be granted for temporary use was identified in consultation with all residents and users (if any) of the land. 6. We all understand the likely impacts of proposed investment on the licenced land. That include: ------------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------. 7. We all agreed to this investment and land usage permit / licence without coercion, manipulation, or any form of pressure on the part of public or traditional authorities. 8. We have been informed that we are entitled to request monetary or non-monetary benefits as consideration for the licence, as per World Bank Operational Policy, but have agreed that granting this licence is not conditional upon receiving monetary considerations. 9. We understand that we will have to pay a fee to use water from the borehole, which fee can be adjusted from time to time. . 10. We confirm that granting a licence over the project-affected land will not adversely affect the livelihoods of occupiers and regular users of the land. 11. If any structure will be moved or any access to land be limited as a result of the sub-project, support will be promptly provided by WAJWASCO to the affected individual or family so their livelihoods are not adversely affected. 12. That the project affected land is free of any encumbrances or encroachment and its ownership is not contested. 13. We understand that any other costs associated to the licence (such as taxes, registration fees, measurement costs, documentation and notarial fees as relevant), will be covered by WAJWASCO. 14. We understand that granting this licence means that it will be a legally binding arrangement in which WAJWASCO will have full control of the licenced land for the period of the investment. Representation by WAJWASCO: a) We understand that the project-affected land is unregistered community land under the laws of Kenya. b) We understand that this is a licence for use of the project-affected parcel of land, and this licence does not confer proprietary interest over the land. . c) We understand that as a consideration for this licence, WAJWASCO shall give us water free of charge for ninety days ( 90 days) from the date of the completion of the borehole. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 224 Zamconsult Consulting Engineers Ltd. Oct 2019 d) We confirm we will use the granted parcel of land only for the purpose of investment described in on the form and attached to this agreement. e) Confirm the above information to be true and that we have resolved to abide by ALL terms of this agreement. (Please attach minutes of the community meeting including the signed attendance sheet and photos of the meeting). In witness therefore, WAJWASCO DIRECTOR (Name and Signature) DIRECTOR / COMPANY SECRETARY (Name and Signature) WITNESS: (Lawyers Stamp and Signature) THE COMMUNITY Those signing below have been recognized as community representatives by all community members and verified by the County Commissioner in a letter dated ________________________________________________. S/No. Name Village/Location ID/No. Signature 1. 2. 3. Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 225 Zamconsult Consulting Engineers Ltd. Oct 2019 4. 5. Witnessed on this ………. Day of ………………….. in the Year…………………..: by: 1. Deputy County Commissioner Name ID/No. Signature & R/Stamp 2. Area Chief Name ID/No. Signature & R/Stamp 3. Ward Administrator Name ID/No. Signature & R/Stamp 4. Land Registrar/adjudication officer Name ID/No. Signature & R/Stamp 5. County Government (Physical Planning Department) Name ID/No. Signature & R/Stamp 6. County Ministry Relevant to the project e.g. Water/Livestock Production etc. Name ID/No. Designation Signature & R/Stamp Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 226 Zamconsult Consulting Engineers Ltd. Oct 2019 7. County Project Team Leader Name ID/No. Signature & R/Stamp Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 227 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 228 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 229 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 230 Zamconsult Consulting Engineers Ltd. Oct 2019 11.7 APPENDIX G – WELL FIELD MAP 11.7.1 Lambib well No 1 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 231 Zamconsult Consulting Engineers Ltd. Oct 2019 11.7.2 Lambib well No 2 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 232 Zamconsult Consulting Engineers Ltd. Oct 2019 11.7.3 LAMBIB WELL No 3 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 233 Zamconsult Consulting Engineers Ltd. Oct 2019 11.7.4 Lambib well No 4 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 234 Zamconsult Consulting Engineers Ltd. Oct 2019 11.8 APPENDIX H – OFFICE BLOCK LAND OWNERSHIP DOCUMENTS Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 235 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 236 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 237 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 238 Zamconsult Consulting Engineers Ltd. Oct 2019 11.9 APPENDIX I – LETTERS CONFIRMING PIPELINE ROUTES ON ROAD RESERVES Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 239 Zamconsult Consulting Engineers Ltd. Oct 2019 Environmental & Social Impact Assessment Project Report –Boreholes in Lambib- Wajir County 240