Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region REPUBLIC OF KENYA ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT PROJECT REPORT FOR THE CONSTRUCTION OF ONGATA RONGAI PARKING LOT IN KAJIADO COUNTY OF NAIROBI METROPOLITAN REGION March 13, 2018 PROPONENT The Senior Principal Superintending Engineer LEAD EXPERT (NEMA No. 7284) Ministry of Transport, Infrastructure, Housing and Urban Eng. Stephen Mwaura, Development - State department for Housing & Urban P. O. Box 16320-00100, Development, NAIROBI P.O. Box 30130 - 00100 NAIROBI i|Pa ge Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region TEL 0729 377 629 ii Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Certificate of Declaration and Document Authentication This document has been prepared in accordance with the Environmental (Impact Assessment and Audit) Regulations, 2003 of the Kenya Gazette Supplement No.56 of 13th June 2003, Legal Notice No. 101. This report is prepared for and on behalf of: The Proponent Eng. Benjamin Njenga - The Project Coordinator Nairobi Metropolitan Services Improvement Project (NaMSIP) State Department of Housing & Urban Development Ministry of Transport, Infrastructure, Housing and Urban Development, P.O. Box 30130-00100, NAIROBI – KENYA. Signature________________________________ Date _________________________________ Lead Expert Eng. Stephen Mwaura is a registered Lead Expert on Environmental Impact Assessment/Audit (EIA/A) by the National Environment Management Authority –NEMA (Reg. No. 7284), confirms that the contents of this report are a true representation of the Environmental & Social Impact Assessment of the proposed Construction of Ongata Rongai Parking Lots in Ongata Rongai Town of Kajiado County in the Nairobi Metropolitan Region. This report is issued without prejudice. Lead Expert – Eng. Stephen Mwaura - (NEMA License No. 7284 Copy in this report) Signature________________________________ Date _________________________________ 3|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region ACRONYMS EA Environment Audit ESIA Environmental & Social Impact Assessment EHS Environment, Occupational Health and Safety EMCA Environmental Management & Coordination Act, 2015 ESMMP Environmental & Social Management and Monitoring Plan EMS Environmental Management System ISO International Standards Organizations MoTIH&UD Ministry of Transport, Infrastructure, Housing & Urban Development NaMSIP Nairobi Metropolitan Services Improvement Project NEMA National Environment Management Authority NMT Non-Motorized Transport NO Nitrous Oxides OSHA Occupational Safety & Health Act OHS Occupational Health & Safety PM Particulate Matter PPC Public Participation& Consultation SO Sulphurous Oxides ToR Terms of Reference 4|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region TABLE OF CONTENTS ACRONYMS............................................................................................................................................................. 3 EXECUTIVE SUMMARY……………………………………………………………………………………………..7 CHAPTER ONE: INTRODUCTION..................................................................................................................... 12 1.1 Introduction and Project Objectives…………………………………………………………13 1.2 Study Approach and Methodology…………………………………………………………………. 13 1.3 Project Description and Justification…………………………………………………………………14 1.4 Scope and content of project………………………………………………………………....15 1.5 Description of the Project’s Construction Activities………………………………………...16 1.6 Description of the Project’s Operational Activities………………………………………….17 1.7 Description of the Project’s decommissioning activities…………………………………….17 CHAPTER TWO: LEGAL, INSTITUTIONAL AND LEGISLATIVE FRAMEWORK ..................................... 18 2.1 National, Legal and Institutional Framework...................................................................... 18 2.2 Environmental Management and Coordination Act of 2015 ............................................... 18 2.3 Occupational Health and Safety, 2007................................................................................ 18 2.4 Public Health Act Cap 242................................................................................................. 19 2.5 Physical Planning Act, 1999 .............................................................................................. 19 2.6 Land Planning Act Cap 303 ............................................................................................... 19 2.7 Building Code 2000 ........................................................................................................... 19 2.8 Other Relevant Laws ......................................................................................................... 19 2.9 National Policy Framework ............................................................................................... 22 2.10 World Bank Environmental and Social Safeguard Policies………………………………….24 CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA ..................................................... 26 3.1 Physical Environment ......................................................................................................... 26 3.2 Social Environment ........................................................................................................... 28 CHAPTER FOUR: PUBLIC PARTICIPATION AND CONSULTATION.......................................................... 31 4.1 Introduction............................................................................................................................ 31 4.2 Approach to Public Participation and Consultations ................................................................ 31 CHAPTER FIVE: ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT............................................. 34 5.1 Introduction ....................................................................................................................... 34 5.2 Negative environmental impacts of construction activities ................................................. 34 5.3 Negative Social Impacts .................................................................................................... 36 5.4 Positive impacts of construction activities .......................................................................... 36 5.5 Negative environmental impacts of operational activities ................................................... 37 5.6 Positive impacts of operational activities............................................................................ 37 5.7 Positive social impacts of operational activities .................................................................. 38 5.8 Negative environmental impacts of decommissioning activities ......................................... 38 5.9 Positive environmental impacts of decommissioning activities ........................................... 39 5|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER SIX: ANALYSIS OF PROJECT ALTERNATIVES .......................................................................... 40 6.1 Relocation Option.............................................................................................................. 40 6.2 Zero or No Project Alternative ........................................................................................... 40 6.3 Analysis of Alternative Construction Materials and Technology ........................................ 40 6.4 Solid waste management alternatives ................................................................................. 40 CHAPTER SEVEN: IMPACTS MITIGATION AND MONITORING................................................................ 42 7.1 Introduction............................................................................................................................ 42 7.2 Mitigation of construction phase impacts ................................................................................ 42 7.3 Mitigation of Social Impacts................................................................................................... 44 7.4 Mitigation of operation phase impacts .................................................................................... 45 7.5 Mitigation of decommissioning phase impacts ........................................................................ 45 CHAPTER EIGHT: ENVIRONMENTAL & SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) ................................................................................................................................................................ 47 8.1 Significance of an ESMMP ................................................................................................ 47 8.2 Duties of the Proponent ..................................................................................................... 47 8.3 Duties of the Contractor ..................................................................................................... 47 CHAPTER NINE: AUXILLIARY INFORMATION ........................................................................................... 64 9.1 Budget ............................................................................................................................... 64 9.2 Monitoring Guidelines ....................................................................................................... 64 9.3 Reporting........................................................................................................................... 64 CHAPTER TEN: CONCLUSION AND RECOMMENDATIONS ....................................................................... 65 ANNEX • Site Layout Plan – Google Map • Design Layout • Plate of Photographs of Current Proposed Site • Summarized Bill of Quantities • Sample Chance Find Procedures • Consultations and Public Participation ü Minutes of Stakeholder Meetings ü Signed-in Attendance Sheets ü Questionnaires - Sample • Grievance Redress Mechanisms Documents 6|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region EXECUTIVE SUMMARY 1. Introduction This Environmental & Social Impact Assessment (ESIA) report was prepared as per the provisions of the Environmental Management and Coordination Act No. 8 of 2015, and the Environmental Impact Assessment Regulations 2003. It is also in line with the World Bank Safeguards Policies, OP4.01 (Environmental Assessment). These safeguard policies are a set of instruments to ensure that the Bank supported lending operations minimize any adverse impacts on local people, their livelihoods, culture and the environment and are a mandatory mechanism for evaluating Bank financed projects during design, implementation and completion, mainly through environmental and social impact assessments. This Project Report gives the findings of the Environmental and Social Impact Assessment Study undertaken as an integral part of the design and construction process. The project highlights salient social, economic and environmental issues associated with the design, construction and operational aspects of the proposed Ongata Rongai parking lot in Ongata Rongai Town of Kajiado County in the Nairobi Metropolitan Region. 2. Scope of the Project Report This Environmental & Social Impact Assessment (ESIA) project report was prepared as per the provisions of the Environmental Management and Coordination Act No. 8, 2015 and more specifically to Environmental Impact Assessment Regulations 2003. It is also in line with the World Bank Safeguard Policies and specifically OP4.01 (Environmental Assessment). These safeguard policies are a set of instruments to ensure that the Bank supported lending operations minimize any adverse impacts on local people, their livelihoods, culture and the environment and are a mandatory mechanism for evaluating Bank financed projects during design, implementation and completion, mainly through environmental and social impact assessments. The study process leading to this project report was further designed to address client expectations as stipulated in the Terms of Reference. 3. Objectives of the Project Report Study The main objective of the Study was to identify environmental and social impacts associated with the proposed Ongata Rongai parking lot project and to recommend an appropriate environmental management strategy for the project. Thus, a core outcome of the Study is an Environmental and Social Management and Monitoring Plan (ESMMP) for the project. 4. Study Approach and Methodology The systematic investigative and reporting methodology specified for conduct of Project Report Studies (Legal Notice 101 of EMCA) was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated through field work entailing site investigations and interviews with potentially affected people and secondary stakeholders. 7|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region To identify, predict, analyze and evaluate potential impacts that may emanate from the project, diverse study methods and tools including use of checklists, matrices, expert opinions and observations were employed. An Environmental and Social Management and Monitoring Plan comprising of an impact mitigation plan and modalities for monitoring and evaluation were then developed to guide environmental management during all phases of project development. Once approved by the Ministry of Transport, Infrastructure, Housing and Urban Development and NEMA, the Project Report will be disclosed as required from where accruing comments will be used to finalize the report. 5. Policy, Legal and Regulatory Framework This Project Report has been developed to ensure that the proposed construction of the Parking lot is in conformity with national policy aspirations towards securing sustainable development. Specifically, this report has been developed to ensure compliance with requirements of the Environmental Management and Coordination Act (EMCA) 2015-Kenya’s supreme environmental law and the National Constitution. Section 58 of EMCA requires that all proposed development in Kenya to be subjected to environmental impact assessment and to be conducted in line with the Second Schedule (of EMCA) and the Legal Notice 101 (Regulations for Environmental Assessment and Audit) of June 2003. The entire study process has been designed to conform to the regulatory framework stipulated by the National Environment Management Authority (NEMA)-the body that will review this report and make decisions on grant of an environmental license to the development. 6. Project Description The proponent aims to construct a parking lot in Ongata Rongai Town in Kajiado County of Nairobi Metropolitan Region. The design for the construction works will include excavation and removal of top soil and/or rock and back-filling with stone and finishing to paving blocks for use by parking of public transport and private vehicles. The works are located in Ongata Rongai Township in Kajiado County in a vacant plot of land that is adjacent to Ole Kasasi Primary School. The proposed parking will cover an area of approximately 4730 square meters with about 78 parking slots. The current land area is vacant with nothing on it except scanty natural grass and a few acacia shrubs. There is no displacement of people or interruption of livelihoods occasioned by this project. 7. Project Justification The broad aim of the project is to ease vehicle parking congestion within Ongata Rongai Township through providing space for parking of vehicles outside the main town. 8. Scope and content of project The works shall include but not limited to: - (a) Site clearance and earthworks as necessary (b) Excavation to remove unsuitable materials (c) Filling with approved materials as specified and directed. (d) Hand packing with approved stone as specified and directed (e) Base repairs as specified and directed (f) Repairs to existing drainage structures as specified and directed 8|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region (g) Improvement/construction to the drainage facilities as directed (h) Repairs and/or improvement/construction to footpaths and shoulders as directed (i) Laying of bituminous/ paving blocks standards on the existing earth sections (j) Maintenance of the works during the construction and maintenance periods specified (k) Traffic Management through the works and from the works (l) Relocation and/or protection of other services including but not limited to water pipes, sewer pipes, street lighting, power and telephone (m) Installation of lighting (n) Provision of NMT facilities (o) Any other works as instructed by the Engineer and/or as specified in this document The project assessment investigates and analyses the anticipated environmental and social impacts of the proposed development in line with the Environmental (Impact Assessment and Audit) 2003 regulations. 9. Scope of environmental and social assessment This Environmental & Social Impact Assessment (ESIA) Report considers the following aspects and others that may prove of significance during the study. 1. Assess the project’s impacts on ecology. This will in essence cover:- i. Impacts due to loss of vegetation cover, if any ii. Surface run-off water, containment and flood control. 2. Assess social implications of the development within the locality, region and nationally to include: - i. Economic implications of the development. ii. Security-threats, risk and enhancement. iii. Employment. iv. Livelihoods. v. Public health implications. vi. Demand and development of infrastructure and social amenities. 3. Assess the impacts of development on landscape and land use such as: - i. Determine the impact on change on civic shape, scenery, aesthetic modifications. ii. Examine the compatibility and complementarity of the development with the surrounding land uses. iii. Examine the impacts of dumping of spoil 4. Assess the impacts of the development on power demands, water demands, and town congestion as well as possible impacts on surface run-off and ground water qualities and quantities, if any. 9|Page Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 5. Impacts of safety during construction to children in the near-by Ole Kasasi Primary School – picking and dropping. This is mainly because of increased traffic during construction requiring better traffic management plan during construction for the safety of workers, safety of motorists and safety of the school children and school staff. 6. Develop an Environmental and Social Management and Monitoring Plan (ESMMP) that would mitigate the possible impacts on the environment 7. Require the contractor to develop and apply a Contractor Environmental and Social Management Plan (CESMP) and Environmental Social Health Safety (ESHS) plan 10. Public Participation Process Public participation and consultative forums were held at the site that included the neighbouring community, business community, area chief, area political leadership and county government. The aim of the consultative meetings was to obtain data related to the past and present operations of the parking lot that are significant to the future environmental status of the area, the management of the project both during and after implementation. The stakeholders responded positively to the development as long as mitigation and mending up measures and waste management among others are developed and implemented simultaneously with the project. The record of the consultations is presented in this report in the form of questionnaires, attendance sheets and minutes of meetings held that had been administered to the stakeholders seeking their views on the project and especially as regards environmental and social management during project implementation. 11. Findings from the Study (i) Potential positive impacts anticipated: The core observation of this study is that the proposed parking lot construction project is aimed at reducing congestion in the main Ongata Rongai town to improve commuter services and the broad transport sector. As such, the project in itself is already an activity in mitigation of an existing concern and this is the prime justification of the proposed investment. Other positive implications of the project will accrue from its potential to create short-term business and employment opportunities to both professional staff and workers during the design phase while, at construction phase, traders will benefit from opportunities to supply construction material while locals will be employed in works. Upon commissioning, the project will afford motorists ample parking that will to some extent reduce the congestion in the main Ongata Rongai township. (ii) Potential adverse impacts: Construction activities will introduce nuisances such as dust, noise, vibrations and fumes which however can be effectively managed through shortening the construction period. Social vices associated with influx of job seekers can disturb the social order and even lay the ground for escalation of HIV/AIDS cases whose impacts are likely to be prolonged in prevalence. The land of the proposed construction of the parking lot is vacant and therefore there is no displacement of 10 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region persons or any interruption of livelihoods. The notable potential negative environmental impacts that were identified include among others: i. Air pollution due to noise, vibration and dust; ii. Material sourcing and supply for the construction and maintenance works; iii. Any effects from uncontrolled storm-water run-off iv. The project construction should also ensure management of influx of workers and other persons and adherence to a Code of Conduct to manage this influx These have to be mitigated sufficiently for the project to progress. Mitigation measures include dust abatement, traffic management, and material sourcing from licensed quarries and borrow pits. The mitigation measures to manage these impacts are as identified in the Environmental and Social Management and Monitoring Plan (ESMMP) in this report. (iii) Residual and cumulative impacts: The project has no residual or cumulative impacts as all can be effectively mitigated. 12. The ESMMP An ESMMP has been developed whose pursuit can greatly improve the overall net effect of the project. This report observes that the bulk of adverse impacts will manifest at the construction stage in which case, the core effort in mitigation will be concentrated in the contract for construction. This report therefore requires that the ESMMP be integrated into the design report with appropriate allocation of funds in the Bills of Quantities. The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. The NaMSIP’s PCT will mount own internal monitoring to ascertain environmental and social sensitivity at all stages of project development. During project development, a grievance redress mechanism will also be in place to handle all complaints and there will be creation of awareness and sensitization on HIV- AIDS. The project will also address other social areas that include child protection strategy, gender based violence and labour influx management. The ESMMP budget is estimated at about Kshs. 2,485,000. Moreover, this project’s potential benefits and positive impacts far outweigh the negative impacts. 12. Total Cost of the Project Total cost of the project is approximated to be Kshs. 45,708,286/20 and a summarized bill of quantities is part of this report in the annexure. 13. Recommendations and Conclusions of this Project Report In the view of this study, the project as currently proposed is environmentally sound. An ESMMP has been outlined to guide resolution of potential adverse impacts while enhancing the positive ones. Further, all negative impacts need to be mitigated and it is recommended that this project is granted NEMA licensing and other clearances to pave way for implementation. Our conclusion is that the project is important for economic development of Kajiado County and has balanced environmental considerations and benefits. The ESIA team has given adequate measures to mitigate the negative impacts and a management plan proposed which the proponent should adhere to. 11 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER ONE: INTRODUCTION 12 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 1.1 Introduction and Project Objectives Rapid urbanization has left Kenyan cities with huge unmet demand for critical infrastructure and basic services. Nairobi Metropolitan Service Improvement Project (NaMSIP) is part of a wide municipal development initiative by the Government and the development partners to address these problems. NaMSIP is an initiative of the Kenya Government with the support of the World Bank under the Country Partnership Strategy (CPS). Investment in infrastructure also contributes to the growth agenda by improving the competitiveness of Kenya’s cities as places to live and invest. NaMSIP is intended to improve services in the metropolitan area which are critical for economic development that include solid waste management, transport systems, storm water management, water supply and sanitation, disaster management and security/street lighting among many others. In addition, the implementation of the project will give the Ministry an opportunity to build its human resource and technical capacity in carrying out metropolitan-wide activities. NaMSIP is in line with the Government’s national development priorities and policies as well as ongoing public sector reform agenda. The project also supports strengthening of public sector management and accountability. 1.2 Study Approach and Methodology The systematic investigative and reporting methodology specified for conduct of project report studies (Legal Notice 101 of EMCA) was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated through field work entailing site investigations and interviews with potentially affected people and secondary stakeholders. To identify, predict, analyze and evaluate potential impacts that may emanate from the project, diverse study methods and tools including use of checklists, matrices, expert opinions and observations were employed. An Environmental and Social Management and Monitoring Plan comprising of an impact mitigation plan and modalities for monitoring and evaluation were then developed to guide environmental management during all phases of project development. Once approved by the Ministry of Transport, Infrastructure, Housing and Urban Development and NEMA, the report will be disclosed as required from where accruing comments will be used to finalize the report. Consequently, this report provides the following; Ø The location of the project including the physical environment that may be affected by the project’s activities. Ø The activities that shall be undertaken during the project design, construction, operation and of the project Ø The materials to be used, products and by-products including waste to be generated by the project and the methods of disposal. Ø The potential environmental and social impacts of the project and mitigation measures to be taken during and after the implementation of the parking lot project. Ø An action plan for prevention and management of possible accidents during the project cycle Ø A plan to ensure the health and safety of the workers and the neighboring communities 13 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Ø The economic and social cultural impacts to local community. Ø The project cost – Kshs. 45,708,286/20. The ESMMP budget is estimated at about Kshs. 2,485,000. Ø Any other information that the proponent may be requested to provide by NEMA This report also seeks to ensure that all the potential environmental and social impacts are identified and that workable mitigation measures are adopted. The report also seeks to ensure compliance with the provisions of the EMCA 2015, Environmental (Impact Assessment and Audit) Regulations 2003 as well as other regulations and World Bank OP4.12. The report emphasizes the duties of the proponent and contractor during the construction phase as well as the operation phase of this project. All the materials and workmanship used in the execution of the work shall be of the best quality and description. Any materials condemned by the proponent shall be immediately removed from the site at the contractors cost. The premises should also be planned to be landscaped and with adequate drainage facilities. Environmental concerns need to be part of the planning and development process and not an afterthought, it is therefore advisable to avoid land use conflicts with the surrounding area. To avoid unnecessary conflicts that retard development in the project area, the proponent undertook this ESIA and incorporated environmental concerns as advised by the Authority. Finally, a comprehensive Environmental and Social Management and Monitoring Plan (ESMMP) is mandatory for a project of this magnitude and nature because large quantities of solid wastes are likely to be generated with temporary interference to the general public and services during project execution. The proposed work at the parking lot includes upgrading the parking lot by removal of the underlying soil and replacing it with pavement of concrete works and paving blocks and concrete, allowing for drainage and other necessary works as per the bills of quantities. This is as described in the scope of works in this report and in the table below. This is the subject and objective of this ESIA. 1.3 Project Description and Justification The works are located in Ongata Rongai Township of Kajiado County. The project covers a total area of approximately 4730 square meters and will involve construction of about seventy eight parking slots on current unoccupied virgin land. The broad aim of the project is to ease congestion within Ongata Rongai Township and reduce traffic jam especially during peak hours. This will also enhance mobility and restore order within the public transport sector. 14 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Ole Kasasi Road Ole Kasasi Primary School Google map of the proposed site of the parking lot 1.4 Scope and content of project The works shall include but not limited to: - (p) Site clearance and earthworks as necessary (q) Excavation to remove unsuitable materials (r) Filling with approved materials as specified and directed. (s) Hand packing with approved stone as specified and directed (t) Base repairs as specified and directed (u) Repairs to existing drainage structures as specified and directed (v) Improvement/construction to the drainage facilities as directed (w) Repairs and/or improvement/construction to footpaths and shoulders as directed (x) Laying of bituminous/ paving blocks standards on the existing earth sections (y) Maintenance of the works during the construction and maintenance periods specified (z) Traffic Management through the works and from the works (aa) Relocation and/or protection of other services including but not limited to water pipes, sewer pipes, street lighting, power and telephone (bb) Installation of lighting (cc) Provision of NMT facilities (dd) Any other works as instructed by the Engineer and/or as specified in this document 15 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region The project assessment investigates and analyses the anticipated environmental and social impacts of the proposed development in line with the Environmental (Impact Assessment and Audit) 2003 regulations. General GPS Coordinates Construction of Ongata Latitude Longitude Altitude o o Rongai parking lot in 1 24’ 1.98’’S 36 46’ 22.7’’E 1701 masl Ongata Rongai Town -1.4005506 36.77296 of Kajiado County 1.5 Description of the Project’s Construction Activities 1.5.1 Pre-construction investigations The implementation of the project’s design and construction phase will start with thorough investigation of the site biological and physical resources in order to minimize any unforeseen adverse impacts during the project cycle. 1.5.2 Excavation works Any unwanted wastes or debris arising from any excavations will be transported to licensed site for disposal. 1.5.3 Sourcing and transportation of construction materials Construction materials will be transported to the project site from their extraction, manufacture, or storage sites using transport trucks. The materials to be used in construction of the project will be sourced from neighboring areas of Ongata Rongai Town. Greater emphasis will be laid on procurement of construction materials from within the local area, which will make both economic and environmental sense as it will reduce negative impacts of transportation of the materials to the project site through reduced distance of travel by the materials transport vehicles. 1.5.4 Storage of materials Construction materials will be stored on site, if need be. Bulky materials such as rough stones, ballast, sand and suchlike will be brought to site only when needed owing to space constraints. To avoid piling large quantities of materials on site, the contractor should order bulky materials such as sand, gravel and stones in batches. 1.5.5 Excavation and foundation works Excavation will be carried out to prepare the site for construction of foundations, pavements and drainage systems. This will involve the use of heavy earthmoving machinery, human effort and appropriate equipment. 1.5.6 Construction This involves putting the different layers – sub-base, base and final finish – in aggregates and a final finish in blocks as well as compaction as required of different levels. 1.5.7 Landscaping To improve the aesthetic value or visual quality of the site once construction ceases, the contractor will carry out landscaping. 16 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 1.6 Description of the Project’s Operational Activities 1.6.1 General repairs and maintenance The parking lot will be repaired and maintained by Kajiado County Government during its operational phases. 1.7 Description of the Project’s decommissioning activities 1.7.1 Demolition works Upon decommissioning (unlikely), the project components including pavements and drainage systems will be demolished. This will produce a lot of solid waste, which will be reused for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company. 1.7.2 Site restoration Once all the waste resulting from demolition and dismantling works is removed from the site, the site will be restored through replenishment of the topsoil. Photo of Site 17 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER TWO: LEGAL, INSTITUTIONAL AND LEGISLATIVE FRAMEWORK 2.1 National, Legal and Institutional Framework Kenya has approximately 77 statutes that guides on environmental management and conservation. Most of these statutes are sector specific, covering issues such as public health, soil conservation, protected areas conservation and management, endangered species, public participation, water rights, water quality, air quality, excessive noise control, vibration control, land use among other issues. The National Environment Management Authority (NEMA) in conjunction with the various lead agencies studies proposed projects to ensure all aspects of the proposed project adheres to all Institutional Frameworks requirements. The institutional framework directly governing road development projects are: Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC (Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations,2006, Land Acquisition Act (Cap.295), Land Act Way Leaves Act (Cap. 292), Public Roads and Roads Access Act (Cap. 399), Forest Act, Physical Planning Act (CAP 286), Local Government Act (CAP 265), Traffic Act Chapter 295, Water Act 2002, Public Health Ac (Cap. 242), Lakes and River Act Chapter 409, Wildlife Conservation and Management Act, Cap 376 and the Penal Code (CAP 63) 514. The project should adhere to these legislations. 2.2 Environmental Management and Coordination Act of 2015 This project report has been undertaken in accordance with the Environment (Impact Assessment and Audit) regulation 2003, which operationalize the environment management and coordination act 1999. The report is prepared in conformity with the requirements stipulated in the environmental management and coordination act no 8 of 1999 (EMCA) and the Environmental Impact Assessment and audit regulations 2003 regulation7 (1) and the second schedule. Part II of the said act states that every person is entitled to a clean and healthy environment and has the duty to safeguard the same. In order to achieve the goal of a clean environment for all, new projects listed under the second schedule of Section 58 of EMCA No 8 0f 1999 shall undergo an Environmental Impact Assessment that will systematically examine the impacts to the environment by the projects as indicated in the second schedule of this Act and propose measures how the adverse or negative ones will be mitigated. This includes development activities such as this new project. 2.3 Occupational Health and Safety, 2007 The Occupational Safety and Health Act, 2007, is an Act of Parliament to provide for the safety, health and welfare of all workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act applies to all workplaces and workers associated with it; whether temporary or permanent. The main aim of the Act is to safeguard the safety, health and welfare of workers and non-workers. Part 9 states that the occupier or employer shall establish a health and safety committee 18 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region where twenty or more people are employed and such an employee shall prepare a written statement of his general policy with respect to the safety and health at the work place. Further, the occupier shall prepare annual safety and health audits by a qualified person. The contractor shall adhere to all sections of this Act as it relates to this project, such as observing safety guidelines, ensuring sanitary conditions on site, provision of personal protective clothing, clean water, and insurance cover are observed so as to protect all from work related injuries or other health hazards. These provisions apply to this parking lot project. 2.4 Public Health Act Cap 242 Part IX section 115 of the Act states that no person or institution shall cause nuisance or condition liable to be injurious or dangerous to human health section 116 requires that local authorities take all lawful necessary and reasonable practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to injuries or dangerous to human health. This will have to be provided for this project. 2.5 Physical Planning Act, 1999 The said Act section 29 empowers the local authorities to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section allows for prohibition or control of the use and development of an area. Section 30 states that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local authority. 2.6 Land Planning Act Cap 303 Section 9 of the subsidiary legislation (the development and use of land Regulations 1961) under which it requires that before the local authority submits any plans to the minister for approval, steps should be taken as may be necessary to acquire the owners of any land affected by such plans. Particulars of comments and objections made by the landowners should be submitted, which intends to reduce conflict of interest with other socio economic activities. 2.7 Building Code 2000 Section 194 requires that where sewer exists, the occupants of the nearby premises shall apply to the Local Authority for permit to connect to the sewer line and all the wastewater must be discharged in to sewers. The code also prohibits construction of structures or building on sewer lines. 2.8 Other Relevant Laws 2.8.1 EMCA (Waste Management) Regulations, 2006 These Regulations guides on the appropriate waste handling procedures and practices. It is anticipated that, the proposed project will generate large quantity of solid waste (mostly excavated top soil) during construction which will need to be managed through reuse, appropriate disposal. Others include solid waste from the generated from construction materials such as cement bags, bitumen, empty drums, among others. This regulation requires that:- i. The contractor should not dispose any waste on the highway, street road, recreational area and public places; 19 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region ii. Waste should be segregated and grouped according to their similarity for example plastics, toxic, organic etc; iii. All waste should be deposited in a designated dumping are approved by the local authority; iv. All waste handlers engaged by the proponent should be licensed by NEMA and posses all relevant waste handling documents such as waste transport license, tracking documents, license to operate a waste yard, insurance cover, vehicle inspection documents among others; v. Contractor should implement cleaner production principles of waste management strategy namely reduce, reuse and recycle; vi. All hazardous wastes are labeled as specified in section 24 (1-3) of the regulation. vii. The fourth schedule lists wastes considered as hazardous and solvents, emulsifiers/emulsion, waste oil/water and hydrocarbon/water mixtures. Road and parking lots projects involve use of inputs which are likely to generate the mentioned wastes and thus will need to be handled as required by the regulations. This law requires that all wastes generated by this project in all its phases are managed in an environmentally friendly manner. 2.8.2 EMCA (Noise and Vibrations Control) Regulations, 2009 These Regulations provides guidelines for acceptable levels of noise and vibration for different environments during the construction and operation phase. Section 5 of the regulation warns on operating beyond the permissible noise levels while section 6 gives guidelines on the control measures for managing excessive noises and copy of the first schedule indicating the permissible noise levels for different noise sources and zones. The project team should observe the noise regimes for the different zones especially when working in areas termed as silent zones which are areas with institutions and worship places. These areas are permitted exposure to sound level limits of not exceeding 40 dB (A) during the day and 35 dB (A) at night. The regulation states that a day starts from 6.01 a.m. to 8.00 p.m. while night starts from 8.01 p.m. – 6.00 a.m. Construction sites near the silent zones are allowed maximum noise level of 60 dB (A) during the day and night levels are maintained at 35 dB (A). The time frame for construction sites is adjusted and the day is considered to start at 6.01 a.m. and ends at 6.00 pm while night duration from 6.01 p.m. to 6.00 a.m. Part III of the regulation gives guidelines on noise and vibration management from different sources. Sections 11, 12 and 13 of the stated part give guidelines on noise and vibration management from machines, motor vehicles and night time construction respectively. Section 15 requires owners of activities likely to generate excessive noise to conduct an ESIA to be reviewed and approved by NEMA. It is anticipated that the proposed project will generate excessive noise and/or vibrations due to earthworks and this noise will originate from the construction equipments, vehicles and the workers. This legal notice also requires that maximum permissible noise levels for construction sites be 75 dB(A) during the day and 60 dB(A) during the night. It is also required from this notice that no person shall make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or 20 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30 metres from any moving source. It is therefore recommended that the construction team develops mitigations to reduce noise propagation in the project area and also ensure that the project works are only conducted during the day. It is also important that the vibrations are controlled. 2.8.3 EMCA (Air Regulations), 2014 This Act is meant to ensure that all activities at least maintain ambient quality standards of air and any pollution to air (in particulate matter, dust or obnoxious and poisonous gases) needs to be sufficiently mitigated. On this, World Bank and WHO standards require that PM10, NO2 and SO2 do not exceed 50, 20 and 200 ug /m3 respectively. 2.8.4 Way Leave Act Cap 292 Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever, provided it shall not interfere with any existing building or structure of an ongoing activity. Notice, however, should be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per Section 8 of the Act that states that any person whom without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alterations will be done at his/her costs. 2.8.5 Public Roads and Roads of Access Act (Cap 399) Sections 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Sections 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads. 2.8.6 Traffic Act Chapter 403 This Act consolidates the law relating to traffic on all public roads. The Act also prohibits encroachment on and damage of roads including land reserved for roads. This Ongata Rongai Parking lot project is under the provisions of the Act. 2.8.7 County Governments Act, 2012 This Act delineates the roles and responsibilities of county governments with their administrations as well as the role of county citizens in public participation and consultations regarding projects at the county level. CPP is part of this Parking lot project involving the county government and other stakeholders. 2.8.8 HIV Aids Prevention and Control (Cap 246A) This Act is to promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS. It also seeks to positively address and seek to address conditions that aggravate the spread of HIV infection. In the Ongata Rongai Parking lot project, there will be awareness creation and sensitization on the workers and other persons on the risks of infections and fostering prevention and control. It is also recommended that condoms for use by workers will be availed at site to prevent infections as well as creation of awareness and sensitization on HIV-AIDS to prevent and control its spread and infections. 21 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 2.8.9 The Water Act, 2002 The Act vests the water in the State and gives the provisions for the water management, including irrigation water, pollution, drainage, flood control and abstraction. It is the main legislation governing the use of water. The proposed project shall require some quantities of water during the construction phase and generation of equally large volumes of surface run-off during operations. The water supplied by the local water provider and local rivers might be the sources of water for construction. Any water body near the project will be receiving bodies for the surfaces run-off, as all the drainage systems shall be designed to discharge into them. The contractor shall ensure that there will be no pollution to the nearby drainage system, and will seek the necessary permits to abstract the water from the rivers, or any other sources, and shall abide by the conditions attached to the permit(s). 2.8.10 The Water Resources Management Rules (2007) These Rules are described in Legal Notice Number 171 of the Kenya Gazette Supplementary Number 52 of 2007. They apply to all water resources and water bodies in Kenya, including all lakes, water courses, streams and rivers, whether perennial or seasonal, aquifers, and shall include coastal channels leading to territorial waters. The Water Resources Management Rules empower Water Resources Management Authority (WRMA) to impose management controls on land use falling under riparian land. It also enables any person with a complaint related to any matter covered by these rules to the appropriate office in WRMA as per the Tenth Schedule which provides a format for report on complaints. WRMA is to reply to the complainant with “copies to all other relevant parties within twenty one days of receiving the complaint, starting with what action is being taken, the position of the Authority on the matter and any recommendation to the complainant.” The contractor shall seek the necessary permits to abstract the water from the rivers, or any other sources, and shall abide by the conditions attached to the permit(s). The contractor/proponent will adhere to the provision of this regulation by obtaining relevant water permit from WRMA or consult with the relevant Water and Sewerage Company for its water sources. 2.9 National Policy Framework Several policies have been developed over the years to guide the development and management of proposed projects to ensure both economic and social sustainability these policies are discussed below. 2.9.2 The National Poverty Eradication Plan (NPEP) The objective of the NPEP is to reduce the incidences of poverty in both rural and urban areas by 50 percent by the year 2015, as well as to strengthen the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better- educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for Social Development (WSSD) of 1995. The plan focuses on the four WSSD themes of poverty eradication; reduction of unemployment; social integration of the disadvantage people and creation of an enabling economic, political, and cultural environment which can be achieved through developing the transport and communication 22 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region sector. The plan will be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government ministries, Community Based Organization (CBO), private sector, Non-Governmental Organization (NGO), bilateral and multilateral donors. 2.9.3 The Poverty Reduction Strategy Paper (PRSP) The PRSP has the twin objectives of poverty reduction and enhancing economic growth. The paper articulates Kenya’s commitment and approach to fighting poverty; with the basic rationale that the war against poverty cannot be won without the participation of the poor themselves. The proposed project through improving transport in the area will, contribute towards economic growth, as well as relieve the daily pressure of poverty for sustainable number of people by enabling them reach the markets and suppliers on time. 2.9.4 National Environmental Action Plan (NEAP) The NEAP for Kenya was prepared in mid 1990s. It was a deliberate policy whose main effort is to integrate environmental considerations into the country’s economic and social development. The integration process was to be achieved through multi-sectoral approach to develop a comprehensive framework to ensure that environmental management and the conservation of natural resources forms an integral part of societal decision-making. The application of this plan is widening as the government through NEMA does not approve a development project unless the impacts of the proposed project are evaluated and mitigation measures proposed for incorporation in the project’s development plan which is in line with the requirements of the NEAP. 2.9.5 Environmental and Development Policy (Session Paper No.6 1999) As a follow-up to the foregoing, the goal of this policy is to harmonize environmental and developmental goals so as to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development. It is recommended that the requirements of this policy are observed, as much by: i. Taking measures to enhance the water catchment by replanting trees, using clean energy to reduce deforestation; ii. Undertaking environment friendly practices during project implementation; iii. Take measures to reduce pollutants leading to eutrophication of water bodies both above- and underground water bodies; and iv. Rehabilitate project affected areas and public infrastructure among other 2.9.6 International Policy Framework Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment which aims at achieving sustainable development. According to the Registrar of International Treaties and other Agreements in Environment (UNEP 1999), there are 216 treaties, 29 of which are of interest to Kenya. The country is a signatory to 16 such agreements, which range from use of oil, protection of natural resources and protection of the atmosphere. The agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. The agreements of interest to Kenya can be categorized as those for protecting natural resources, atmosphere and social wellbeing of man. 23 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 2.9.7 The National Environment Management Authority The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. The Authority shall review the project report for the proposed project, visit the project site to verify information provided in the report and issue an ESIA license if it considers that all the issues relevant to the project have been identified and mitigation measures to manage them proposed. 2.10 World Bank Environmental and Social Safeguard Policies Like in any project financed by, or with financial participation of, the World Bank, the environmental and social safeguards as defined in the Bank's Operational Procedures (OPs) will be respected for the purposes of this project implementation. The WBG EHS guidelines as stipulated by the Bank should be strictly adhered to in this project and the more stringent between the Bank’s or local legislation should be complied with. WB classifies its projects into four Environmental Assessment categories according to the likely impacts on the environment they will have. This classification is as follows (only main conditions mentioned): (a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts. (b) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas— including wetlands, forests, grasslands, and other natural habitats—are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects. This particular NaMSIP subproject has been categorized as B. (c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. (d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts; this case, in any way, is not applicable to the NaMSIP project. The table below shows the applicability of World Bank Operational Safeguards as it applies to this construction of this Ongata Rongai parking lot in Kajiado County of Nairobi Metropolitan Region. Table 1: Applicability of WB OPs 24 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region OP Title Comments 4.01 Environmental Applicable. As a result of environmental and social Assessment screening, the project was identified as Category B 4.04 Natural Habitats Not applicable. 4.09 Pest Management Not applicable. 4.10 Indigenous Not applicable. Peoples 4.11 Physical Cultural Not applicable. Site visits and inventories have not indicated Resources the presence of any cultural (historical, archaeological) sites in the proposed land. However, to manage “chance finds” an appropriate procedure is included in this ESIA. Such procedure must be followed by the Contractor during the construction phase. 4.12 Involuntary Not Applicable Resettlement 4.36 Forests Not applicable. 4.37 Safety of Dams Not applicable. 7.50 Projects on Not applicable. International Waterways 7.60 Projects in Not applicable. Disputed Areas 25 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA 3.1 Physical Environment 3.11 Climate The climate in Ongata Rongai is warm and temperate with a significant amount of rainfall during the year with temperatures averaging at 18.3 °C. Precipitation here averages 844 mm. The driest month is July, with 12 mm of rain. With an average of 185 mm, the most precipitation falls in April. March is the warmest month of the year. The temperature in March averages 19.9 °C. July has the lowest average temperature of the year. It is 16.0 °C. The figure below summarizes the climatic conditions: Figure 3-1: Summary of Climatic Conditions of Ongata Rongai 3.12 Topography and Physiographic Features Kajiado County has a beautiful and diverse topography ranging from volcanic hills and valleys to expansive plains. The main physical features of Kajiado County are plains, valleys and occasional volcanic hills ranging from an altitude of 500 metres above sea level at Lake Magadi to 2500 metres above sea level in Ngong Hills. Topographically, the county is divided into three different areas namely; Rift Valley, Athi Kapiti plains and Central Broken Ground. The Rift Valley is a low depression on the western side of the county running from north to south. It is made up of steep faults giving rise to plateau, scarps and structural plains. The depression has important physical features such as Mount Suswa and Lake Magadi. The lake has substantial deposits of soda ash and it is commercially exploited. The altitude ranges between 600 and1740metres above sea level. The Athi Kapiti Plains consist mainly of gently undulating slopes, which become rolling 26 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region and hilly towards the Ngong hills. The altitude ranges from 1580 to 2460 metres above sea level. The hills are the catchment areas for Athi River, which is fed by Mbagathi and Kiserian tributaries. The Central Broken Ground is an area stretching 20-70 kilometres wide from the north-eastern boarder across the county to the southwest where altitude ranges from 1220 to 2073 metres above sea level. 3.1.3 Geology and soils The county consists of three geological regions: quaternary volcanic, Pleistocene and basement rock soils. Alluvia soils are also found in some areas. Quaternary Volcanic soil is found in the Rift Valley. Basement System Rocks which comprise various gneisses, cists, quartzite and crystalline limestone, are found mainly along the river valleys and some parts of the plains. Pleistocene soils are found in the inland drainage lake system around Lake Amboseli. Quarrying of building materials is also done within the county. 3.1.4 Hydrology Within Ongata Rongai there is the Kandisi River, a tributary of the Mbagathi River which is adjacent to the proposed project location. Studies have indicated that pollution of the river was found to increase downstream. Minimal pollution was noted upstream before entry to Ongata Rongai. However, water quality had deteriorated before the river’s entry to Nairobi National Park which borders Ongata Rongai. This is an indication that Ongata Rongai Township is indeed responsible for pollution of Mbagathi River. Pollution of the river was found to be mainly due to human activities. Such activities are washing of clothes and motorcycles into the river, uncontrolled disposal of solid wastes and release of raw sewerage into the river. Other minor causes include are surface run off and agricultural activities. 3.1.5 Biological Environment (Flora and Fauna) The county has a total forest area of 16,866.9 ha comprising of indigenous and exotic forests. A total of 15,626.8 ha of the forest land is gazetted forest while 1,240 ha is Trust land. The local forest area has been diminishing rapidly because of excessive logging for firewood and also heavy destruction by wild animals congested in the parks and animal conservation centres. Most parts of the county are Arid and Semi-Arid (ASAL) with livestock rearing being the predominant economic activity. Most of the land is not arable, with a small proportion of the population undertaking subsistence farming. The main food crops produced in the county are maize, beans, potatoes, cassava and vegetables. Commercial farming of cotton, onions and tomatoes is done throughout the county though some are grown in small quantities. Horticulture is also gaining popularity through irrigation schemes mainly in Isinya and Kajiado North Sub-Counties. The main livestock types are sheep, goat, beef and dairy cattle, exotic commercial chicken, indigenous chicken, donkeys, pigs and camels. Livestock products in the county include: beef, milk, skins and hides. The number of group ranches has greatly reduced following major sub-divisions and sale of land. Parts of population embrace bee keeping as an alternative method of livestock farming, an effort that is bearing fruit. Fish farming is also being promoted in various parts of the county. 3.1.6 Air Quality A limited spot check survey and analysis was undertaken in the project area as part of this ESIA process. Measurements of the baseline PM10, SO2 and NO2 levels were undertaken at proposed 27 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region parking lot market (1°24'1.98"S 36°46'22.7"E). The results obtained were well within WHO and Kenyan standards; Environmental Management and Coordination (Air Quality) Regulations 2014. The air quality is expected to be impacted by construction, operation and demolition activities; however, implementation of the proposed recommended measures will keep the levels within the acceptable limits. The results are presented in the following Table 3-1. Table 0-1: Air Quality Results for Proposed Parking Lot Area Site / GPS Parameter Results Kenyan IFC/WB EU Location Coordinates limits guidelines standards* / WHO Guidelines Unit ug /m3 ug /m3 ug /m3 ug /m3 Ole Kasasi PM 10 32.00 100 50 50 Proposed 1°24'1.98"S NO2 0.78 80 200 - Parking 36°46'22.7"E SO2 <0.76 80 20 12520 Lot 3.1.7 Ambient Noise levels Noise surveys were undertaken on 20th October, 2016 as part of this assessment. Measurements were undertaken at one location along longitude 1°23'32.31"S and latitude 36°44'45.95"E at the proposed project site using Type 1 Precision Impulse Integrating Sound Level Meter, in accordance with international standards for sound level meter specifications IEC 61672:1999, IEC 61260:1995 and IEC 60651, as well as ISO 19961:2003 and ISO 3095:2001 for the measurement and assessment of environmental noise. Ambient noise levels measured at the site during this study averaged at 51dB (A). The levels are expected to increase during construction operation and demolition phases; however, implementation of the proposed recommended measures will keep the levels within the acceptable limits. 3.2 Social Environment 3.2.1 Demographics The county population as per the 2009 population census was 687,312(345,146 males and 342,166 females). The 2012 projected population based on a growth rate of 5.5% was 807,069 (405,285 males and 401,784 females). By 2015, the population is projected to grow to 898,291 (451,093 males and 447,198 females) and to 999,819 (502,077 males and 497742 females) by 2017. The increase in the overall population calls for more investment in economic and social facilities, education, agriculture, health as well as creating employment opportunities. Population Projections by Constituency indicates that Kajiado North is the most populated constituency, and the population is expected to keep on increasing through the years. Table 3-2 shows population projections by constituency. Table 0-2: Population Projections by Constituency in Kajiado County Constituenc 2009 Census 2012 Projection 2015 Projection 2017 Projection y Male Femal Total Male Femal Total Male Femal Total Male Femal Total e e e e 28 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Kajiado 10114 101505 20265 11874 119167 23791 13219 132667 26486 14716 147690 29485 6 1 5 2 8 5 7 7 North Kajiado 50466 52512 10297 59247 61649 12089 65959 68633 13459 73428 76405 14983 8 6 2 3 Central Kajiado 70779 66474 13725 83095 78040 16113 92508 86882 17939 10298 96720 19970 4 5 0 3 3 East Kajiado 53575 53318 10693 62897 62595 12549 70023 69687 13970 77952 77578 15552 3 2 9 9 West Kajiado 68837 68659 13749 80815 80606 16142 89970 89737 17970 10015 99899 20005 6 0 7 8 7 South Total 34480 342468 68731 40479 402057 80685 45065 447606 89826 50168 498291 99997 3 2 9 6 8 3 8 9 Source: Kajiado County Development plan 2013-2017 3.2.2 Land use Land is mainly used for livestock rearing and crop growing. There is a significant change in land use in the urban areas where industrial and commercial use is gaining momentum. Only 16% (3,468.4 km2) of the total county land is arable, with the average land holding size being approximately 9 ha on small scale and 70 ha on large scale. There is growing level of land speculation in the urban areas of the county, leading to excessive subdivision of land to small and sometimes uneconomical plots. 3.2.3 Administrative and political Units The county is divided into five administrative sub-counties, 17 administrative divisions, 105 locations and five parliamentary constituencies. Although largely located within Nairobi metropolitan, it does not fall within the administrative boundaries of the city and is separated from Nairobi city proper by the Mbagathi River. It is itself divided into two administrative locations, Nkaimurunya and Rongai, which are separated by the Magadi road. 29 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Figure 0-1 Constituencies Source: Kajiado North Constituency Map. 30 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER FOUR: PUBLIC PARTICIPATION AND CONSULTATION 4.1 Introduction Legal Notice 101 of EMCA 2015 (The Environmental Regulations, 2003) requires that all environmental assessment process in Kenya to incorporate public participation and consultations. The aim is to ensure that all stakeholder interests are identified and incorporated in project development, implementation and operation. Of necessity, stakeholder consultations should take place alongside project design and implementation to ensure that the project puts in place measures to cater for stakeholder concerns in all project phases. 4.2 Approach to Public Participation and Consultations In case of the proposed Ongata Rongai parking lot project, public participation and consultations followed these steps: 1) Identification of Stakeholders Like in all civil works projects, the core stakeholders comprised people to be directly served by the parking lot and include surrounding community (including Ole Kasasi Primary School), matatu and bus drivers and their conductors, businessmen and owners of private vehicles. This is the group that is likely to benefit or be affected by the proposed development hence the primary stakeholders. This study also identified a second category of stakeholders comprised of County Government officers who are likely to be impacted by the parking lot construction project. This category was also consulted as key informants on sectoral policy and to advise this ESIA study on mitigation measures to be put in place so as to minimize adverse impacts in respective sectors. Each category of stakeholders called for a different approach to consultation. 2) Modalities for stakeholder consultation The following techniques and instruments were used for public participation and consultation; Ø Photography and direct observation Photography was particularly useful as it captured the real situation on the ground that was relevant to the study. Direct observation involved site viewing of the proposed project location as well as observing those who participated in the interviews. Ø Interviews Interviews and stakeholder engagements were carried out in the form of a public meeting where attendance sheets were filled in and minutes of meeting taken. It also included filling in of questionnaires to solicit views regarding this project from these persons. The status of the project as well as its design was disclosed to the stakeholders at this point. The questionnaire initially gave introduction and created awareness to these stakeholders of the proposed project. Afterwards, the 31 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region ESIA team enquired on the acceptance of the project and whether the project would cause any negative impacts on the following; a) Local residents and their businesses; b) Ecology of the area; c) Human environment; d) Recreational and leisure facilities; e) Public health and safety; f) Effect on water resources and quality; g) Effect on the soils; h) Effect on road transport and; i) Waste disposal. The said parameters were directly mentioned to foresee which could have intense negative impact. 4.3 Issues Raised The issues raised in the public meeting included the following; Linus Njeru, requested that the project to commence as Eng. Malika Badiribu, the County soon as possible since it is long overdue and approved Engineer, responded that the parking drawings to be available and whether the adjacent occupies 0.15Ha just adjacent to the project of the market will be done together. market. She also assured them the approvals delayed the work but by the end of the week they will be ready. Mr. Peter Nyanchio recommended the project and Eng. Malika said that the project will observed that it should improve the livelihood of the definitely improve the face of Ongata people. Rongai town besides bringing job opportunities to the residents. Mrs. Violet Ogutu asked whether casual jobs will be Eng. Stephen Mwaura (NaMSIP offered to locals as well as having committee to work Environmental Expert) assured that with contractor. casual jobs will be given to locals by the contractor by liaising with the area Mca Hon Mwathi Pere. He also assured them that the works will be to high quality and will be supervised by a Resident Engineer of the client. There will also be a grievance redress system where grievances will be attended to and responded to in a timely manner. Mrs Beverly Kaosa asked whether the parking lot and Eng. Mwaura assured them that the the market will be supervised by different contractors. parking and market projects are two different contracts and will be done by the contractors who qualify during bidding. Further issues are as reflected in the minutes of meetings in the Annexure. The attendance sheets, questionnaires and minutes of meeting for CPP are as attached in this report. 32 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Plate of Photographs of the Public Participation and Consultation Meetings Held at Site 33 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER FIVE: ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT 5.1 Introduction This chapter outlines the potential negative and positive impacts that will be associated with the parking lot project. The impacts will be related to activities to be carried out during construction of the project and the operation stage of the project. The operational phase impacts of the project will be associated with the activities carried out within the premises. In addition, closure and decommissioning phase impacts of the parking lot project are also highlighted. The impacts of the project during each of its life cycle stages (construction, operation and decommissioning) can be categorized into: impacts on the biophysical environment; health and safety impacts and socio- economic impacts. 5.2 Sensitive Receptors Ole Kasasi Primary School on the far side of the land of the proposed parking lot is a key receptor of the negative impacts of noise during construction and possibly dust and vehicle emissions. The school has an enrolment of 464 with a total of about 15 teaching and non-teaching staff. 5.3 Negative environmental impacts of construction activities 5.3.1 Extraction and use of construction materials Construction materials such as rough stone, ballast and bitumen required for construction of the parking lot project will be obtained from quarries and bitumen dealers. Since substantial quantities of these materials will be required for construction of the parking lot, the availability and sustainability of such resources at the extraction sites will be negatively affected, as they are not renewable in the short term. In addition, the sites from which the materials will be extracted may be significantly affected in several ways including landscape changes, displacement of animals and vegetation, poor visual quality and opening of depressions on the surface leading to several human and animal health impacts. 5.3.2 Dust emissions During construction and transportation of materials, the project may or will generate substantial quantities of dust at the construction site and its surrounding. The sources of dust emissions will include excavation and leveling works, and to a small extent, transport vehicles delivering building materials. Emission of large quantities of dust may lead to significant impacts on construction workers and the local residents, which will be accentuated during dry weather conditions. 5.3.3 Exhaust emissions The trucks used to transport various building materials from their sources to the Parking lot project site will contribute to increases in emissions of CO2, NO2 and fine particulate along the way as a result of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of building materials are required, some of which are sourced outside Ongata Rongai, such emissions can be enormous and may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are 34 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region sourced and at the construction site as a result of frequent running of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas. 5.3.4 Noise and vibration The construction works, delivery of construction materials by heavy trucks and the use of machinery/equipment including bulldozers, generators, tippers and concrete mixers will contribute to high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the residents, passers-by and other persons within the vicinity of the project site. .The movement of trucks and other equipment in the project area during the works implementation will cause noise and dust if the works will be in dry weather. This noise and dust may also affect the schools in the vicinity of the construction works. 5.3.5 Risks of accidents and injuries to workers Because of the intensive engineering and construction activities including concrete work, construction workers will be exposed to risks of accidents and injuries. Such injuries can result from accidental falls, injuries from hand tools and construction equipment and risk of vehicular accidents. 5.3.6 Increased soil erosion Excavation works associated with this project may lead to increased soil erosion at the project site and release of sediments into the drainage systems. Uncontrolled soil erosion can have adverse effects on any local water bodies. This may be exacerbated due to the slight slope of the area. 5.3.7 Solid waste generation Quantities of solid wastes will be generated as a result of excavations in the existing unused land as well as during the actual construction of the parking lot. Such solid waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. This may be accentuated by the fact that some of the waste materials contain hazardous substances such as paints, cement, adhesives and bitumen, while some of the waste materials including plastic containers are not biodegradable and can have long-term and cumulative effects on the environment. 5.3.8 Energy consumption The parking lot project will consume fossil fuels (mainly diesel) to run transport vehicles and construction machinery. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability. The project may also use electricity supplied by Kenya Power & Lighting Company (KPLC) Ltd. Electricity in Kenya is generated mainly through natural resources, namely, water and geothermal resources. In this regard, there will be need to use electricity sparingly since high consumption of electricity negatively impacts on these natural resources and their sustainability. 5.3.9 Water use The construction activities will require large quantities of water mainly for concrete mixing, dust suppression and sanitary and washing purposes. Excessive water use may negatively impact on the water source and its sustainability. 5.3.10 Increased Traffic 35 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region The construction phase will be characterized by increased traffic that may cause traffic jams and inconvenience to transporters and commuters. 5.3.11 Oil Spills The construction phase could be characterized by oil spills especially if the construction vehicles are not well maintained that they spill oils onto the soil or environment whilst operating or even when stationary. Poor handling of oils in containers could result in spills onto the soil or environment. Additionally, if the contractor has a garage or oil pit for oil change of construction vehicles or equipment, there could be poor management of waste oil or waste oil containers and oil-soaked rags or cartons that would pollute the environment or soils. Such spilt oil can soak and seep into the subterranean environment polluting it as well as any near-by water sources like streams or rivers. 5.4 Negative Social Impacts 5.4.1 HIV-AIDS Infections There is risk of infections to workers and other persons to sexually transmitted diseases and HIV- AIDS during project implementation following increased incomes of workers as well as some of the contractor workers being away from their homes. 5.4.2 Labour Influx The construction works may result in workers moving in to the area seeking employment in the construction. 5.4.3 Gender Mainstreaming Construction works may favour one gender over the other especially when allocating tasks to different gender. 5.4.4 Community Health and Safety The construction works may adversely affect the surrounding community especially if they can access the active site. 5.4.5 Children at Site Some contractors use children at site as they are cheaper and easy to manipulate. Sometimes, children are able to access the site uncontrolled or unrestricted. 5.4.6 Complaints and grievances from surrounding community There is likelihood that the surrounding community and the school may express some complaints regarding one matter or another for the construction of the parking lot. 5.5 Positive impacts of construction activities 5.5.1 Creation of temporary employment opportunities Several employment opportunities will be created for construction workers during the construction phase of the project. This will be a significant impact since unemployment is currently quite high in Ongata Rongai and the surrounding areas. 5.5.2 Provision of market for supply of construction materials The project will require supply of large quantities of construction materials most of which will be sourced locally in Kajiado County and the surrounding areas. This provides ready market for 36 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region construction material suppliers such as quarrying companies, hardware shops and individuals with such materials. 5.5.3 Increased business opportunities The large number of project staff required will provide ready market for various goods and services, leading to several business opportunities for small-scale traders such as food vendors around the construction site. 5.6 Negative environmental impacts of operational activities 5.6.1 Increased storm water flow The pavements will lead to increased volume and velocity of storm water or run-off flowing across the area covered by the roads. This will lead to increased amounts of storm water entering the drainage systems, resulting in overflow and damage to such systems in addition to increased erosion or water logging in the neighboring areas if not adequately mitigated. 5.6.2 Oil Spills The operations phase could be characterized by oil spills especially if the parking lots are uncontrollably used as garages or for storing unmaintained, un-serviced or broken down vehicles. Poor handling of oils in containers in this case could result in spills onto the ground or environment. Additionally, if the vehicle owners decide to go for oil change in the parking lot, there could be poor management of waste oil or waste oil containers and oil-soaked rags or cartons that would pollute the environment or soils. Such spilt oil can soak and seep into the subterranean environment polluting it as well as any near-by water sources like streams or rivers. 5.6.3 Exhaust emissions Idling of vehicles in the parking lot would result in generation of exhaust emissions to the environment of the parking lot. This will contribute to increases in emissions of CO2, NO2 and fine particulates in the environment of the parking lots. 5.6.4 Solid wastes generation Quantities of solid wastes will be generated from motorists using the parking lots. Such solid waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. 5.7 Positive impacts of operational activities 5.7.1 Revenue to national and local governments Through payment of relevant taxes, rates and fees to the government and the local authority, the roads project will contribute towards the national and local revenue earnings from those using the improved facilities. 5.7.2 Other positive impacts 37 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Other positive impacts include reduction of dust emissions in the use of a modern parking facility as well as decongesting Ongata Rongai Township. 5.8 Positive social impacts of operational activities The operational activities after this project is commissioned will have several positive long-term social impacts that include the following; o Convenience of affordable and organized parking for motorists o Potential convenient utilization once the proposed market on the same piece of land is constructed and functional o Improved drainage will reduce the flood damage and improve accessibility of households in the area o Long term spurring of physical development in the area leading to increased jobs for Ongata Rongai Town residents o Cleaner and orderly environment o Improved safety and security o Reduction of dust since the ground of the parking lot will be paved. 5.9 Negative environmental impacts of decommissioning activities 5.9.1 Solid waste Demolition of the parking lot and related infrastructure will result in large quantities of solid waste. The waste will contain the materials used in construction including concrete, metal, kerbs, bitumen, stones and ballast. Although demolition waste is generally considered as less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. In addition, even the generally non-toxic chemicals such as chloride, sodium, sulphate and ammonia, which may be released as a result of leaching of demolition waste, are known to lead to degradation of groundwater quality. 5.9.2 Dust Dust will be generated during demolition works. This will affect demolition staff as well as the neighboring residents. 5.9.3 Noise and vibration The demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas. 38 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 5.10 Positive environmental impacts of decommissioning activities 5.10.1 Rehabilitation Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil that will lead to improved visual quality of the area. 5.10.2 Employment Opportunities Several employment opportunities will be created for demolition staff. 39 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER SIX: ANALYSIS OF PROJECT ALTERNATIVES This section analyses the project alternatives in terms of site, technology scale and waste management options. 6.1 Relocation Option Relocation option to a different site is not an option available for the project implementation as this project is to improve parking lot facilities in Ongata Rongai to assist in decongesting it and there is hardly space for such a facility in the main township area. 6.2 Zero or No Project Alternative The No Project option in respect to the proposed project implies that the status quo is maintained. This option is the most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing conditions. This option will however, involve several losses both to the county and the community as a whole. The township will continue being congested. The No Project Option is the least preferred from the socio-economic and partly environmental perspective due to the following factors: • The economic status of the Kenyans and the local people would remain unchanged. • The parking lot would remain unconstructed and unutilized. • No employment opportunities will be created for construction workers • Increased urban poverty and crime in Kenya. • Discouragement for investors and loaners • Development of infrastructural facilities will not be undertaken. From the analysis above, it becomes apparent that the No Project alternative is no alternative to the local people, Kenyans, and the Government of Kenya. 6.3 Analysis of Alternative Construction Materials and Technology The proposed project will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. Equipment that saves energy and water will be given first priority without compromising on cost or availability factors. The parking lot will be made using locally sourced stones, cement, sand (washed and clean) and other materials that meet the Kenya Bureau of Standards requirements. The alternative technologies available include the conventional concrete, prefabricated concrete panels, or even temporary structures. These may not be desirable from a cost and durability perspective. The technology to be adopted will be the most economical and one sensitive to the environment. 6.4 Solid waste management alternatives Solid wastes will be generated from the proposed project. An integrated solid waste management system is recommendable. First, the proponent will give priority to reduction at source of the 40 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region materials. This option will demand a solid waste management awareness program in the management and the staff. Recycling and reuse options of the waste will be the second alternative in priority. This will call for a source separation program to be put in place. The third priority in the hierarchy of options is combustion of the waste that is not recyclable. Finally, the proponent will need to establish agreement with the Kajiado County to ensure regular waste removal and disposal in an environmentally-friendly manner. In this regard, a NEMA registered solid waste handler would have to be engaged. This is the most practical and feasible option for solid waste management considering the delineated options. 41 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER SEVEN: IMPACTS MITIGATION MEASURES 7.1 Introduction This chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with the project during its construction, operation and decommissioning phases as identified earlier. Allocation of responsibilities, time frame and estimated costs for implementation of these measures are presented in the Environmental and Social Management and Monitoring Plan (ESMMP). 7.2 Sensitive Receptors There should be dust management at the site through sprinkling of water to protect Ole Kasasi Primary School students and staff from dust emissions. To reduce vehicle exhaust emissions to the school, there should be no idling of vehicles or running their engines unnecessarily. This should also be applied for no or reduced noise and vibrations during construction works. The construction area also needs to be barricaded with warning signs and children from the school kept off the site. As much as possible, the contractor needs to maximize weekends to attain more works progress when the school is not running. 7.3 Mitigation of construction phase impacts 7.3.1 Efficient sourcing and use of raw materials The contractor will source construction materials such as sand, ballast and hard core from registered quarry and sand mining firms, whose establishments have undergone satisfactory environmental impact assessment/audit and received NEMA approval. Since such firms are expected to apply acceptable environmental performance standards, the negative impacts of their activities at the extraction sites are considerably well mitigated. To reduce the negative impacts on availability and sustainability of the materials, the contractor will only order for what will be required through accurate budgeting and estimation of actual construction requirements. This will ensure that materials are not extracted or purchased in excessive quantities. Moreover, the proponent will ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction site is kept minimal, as these would lead to additional demand for and extraction or purchase materials. In addition to the above measures, the contractor shall consider reuse of construction materials and use of recycled materials. This will lead to reduction in the amount of raw materials extracted from natural resources as well as reducing impacts at the extraction sites. 7.3.2 Reduction of dust generation and emission Dust emission during construction will be minimized through strict enforcement of on-site speed controls as well as limiting unnecessary traffic within the project site. Traffic routes on site have to be sprinkled with water regularly to reduce amount of dust generated by the construction trucks. In addition, workers are to wear suitable respirators to protect them against dust. 7.3.3 Minimization of exhaust emissions This will be achieved through proper planning of transportation of materials to ensure that vehicle fills are increased in order to reduce the number of trips done or the number of vehicles on the road. 42 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region In addition truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas, and to switch off vehicle engines at these points. Vehicles should be maintained to manufacturers’ specifications. 7.3.4 Minimization of noise and vibration Noise and vibration will be minimized in the project site and surrounding areas with strict adherence to designated working hours; and through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they will be instructed to avoid running of vehicle engines or hooting especially when passing through sensitive areas such as residential areas and schools. In addition, construction machinery shall be kept in good condition to reduce noise generation and maintained in accordance with manufacturers’ specifications. It is recommended that all generators and heavy duty equipment be insulated or placed in enclosures to minimize ambient noise levels. They should also be located in areas of the site where they cause minimum nuisance. 7.3.5 Reduction of risks of accidents and injuries to workers The contractor will have to be committed to adherence to the occupational health and safety rules and regulations stipulated in Occupational Health and Safety Act, OSHA and its subsidiary legislations. In this regard, the contractor is committed to provision of appropriate personal protective equipment, as well as ensuring a safe and healthy environment for construction workers as outlined in the ESMMP. This will also include use of an emergency response and disaster management plan as well as training some workers on first aid and fire safety. 7.3.6 Minimization of run-off and soil erosion The contractor will put in place some measures aimed at minimizing soil erosion and associated sediment release from the project site during construction. These measures will include silt traps, barriers, vegetation planting, terracing and leveling the project site to reduce run-off velocity and increase infiltration of rainwater into the soil. In addition, construction vehicles will be restricted to designated areas to avoid soil compaction within the project site, while any compacted areas will be ripped to reduce run-off. 7.3.7 Minimization of construction wastes It is recommended that demolition and construction waste is properly collected, stored, recycled or reused to ensure that materials that would otherwise be disposed off as waste are diverted for productive uses. In this regard, the proponent is committed to ensuring that construction materials left over at the end of construction will be used in other projects rather than being disposed off. The proponent shall put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. Additional recommendations for minimization of solid waste during construction of the project include:- • Use of durable, long- lasting materials that will not need to be replaced as often, thereby reducing the amount of construction waste generated over time. • Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to weather elements 43 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region • Purchase of perishable construction materials such as paints incrementally to ensure reduced spoilage of unused materials • Use of building materials that have minimal packaging to avoid the generation of excessive packaging waste • Use of construction materials containing recycled content when possible and in accordance with accepted standards • Disposal of unneeded wastes should be undertaken by licensed wastes handlers. 7.3.8 Reduction of energy consumption The proponent shall ensure responsible electricity use at the construction site through sensitization of staff to conserve electricity by switching off electrical equipment or appliances when they are not being used. In addition, proper planning of transportation of materials will ensure that fossil fuels (diesel, petrol) are not consumed in excessive amounts. Complementary to these measures, the proponent shall monitor energy use during construction and set targets for reduction of energy use. 7.3.9 Minimization of water use The contractor shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. 7.3.10 Traffic Management Traffic flagmen and use of warning signs and bumps where necessary should be applied to manage and control traffic employed in the construction works. 7.3.11 Oil Spills Management The Contractor must use well maintained vehicles and equipment for no oil spills. If found necessary to have an oil change pit in the site office area, this needs to be constructed such that it is paved for no oil spills into the ground and with an oil interceptor so that oil does not spill and percolate to the ground to pollute it. All waste oil removed from vehicles needs to be disposed off by NEMA registered oil handlers. Oil soaked materials like rags and cartons have to be disposed off by this handler. Under no circumstances should oil be spilt to pollute the soil or nearby streams or rivers or any water sources. The proponent also needs to be involved in the construction of this oil pit and approve it before it is operationalized. 7.4 Mitigation of Social Impacts 7.4.1 HIV-AIDS Management It is recommended that there is sensitization and awareness creation to safeguard workers and other persons against infections from sexually transmitted diseases including HIV-AIDS. 7.4.2 Labour Influx As much as possible, the contractor should draw casual and semi-skilled or unskilled workers from the local community to minimize conflicts with the surrounding community. 7.4.3 Gender Mainstreaming It is important that both men and women are considered for the works. A situation whereby there is preponderance of men even for tasks that women can do is a negative impact on gender. All need to have equitable opportunities. 44 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 7.4.4 Community Health and Safety It is important that during the construction phase, the project considers the health and safety of the surrounding community including proper barricading or fencing of site, management and control of construction vehicles – low speed limits, flagmen assigned to control traffic and designation of routes for bringing materials to and from site - use of warning signs and optimizing on number of vehicles trips through better material inventory management. There should be a safety officer on site to ensure elimination or reduction of accidents to workers and surrounding community. 7.4.5 Child Protection It is important that during the construction phase, no under-age children are employed as workers and neither should they be allowed to be in the active site especially during construction works. 7.4.6 Grievance Redress Mechanisms Grievance redress mechanisms will be employed for this project to handle and manage any complaints or grievances received from concerned persons. Documentation for this that will be applied is attached to this report. It is expected that a standard form is applied to receive complaints / grievances and a grievance log is kept on site by the Resident Engineer. 7.5 Mitigation of operation phase impacts 7.5.1 Management of storm-water runoff The contractor will ensure that proper drainage is provided and regularly maintained for storm-water run-off management. The maintenance and repairs fall under the jurisdiction of the county government. 7.5.2 Oil Spills Management The County Government of Kajiado must ensure that the parking lot is not used to park un-serviced, broken down or unmaintained vehicles and neither should the lots be used as garages. The use of the parking lot at operations must be controlled by the county government. 7.5.3 Exhaust Emissions Management The County Government of Kajiado must ensure that the parking lot is used responsibly with no unnecessary idling of vehicles once parked. The county government has the sole rights on the usage of the parking lot and is at their discretion to ensure no vehicles that pollute the environment through unnecessary emissions use the parking. 7.5.4 Solid Wastes Management The county government of Kajiado will be responsible for managing the solid wastes generated from the parking lot by providing waste receptors and engaging a licensed wastes handler to empty and dispose off in an environmentally friendly manner. 7.5 Mitigation of decommissioning phase impacts 7.5.1 Efficient solid waste management Solid waste resulting from demolition or dismantling works will be managed as described above. 7.5.2 Reduction of dust concentration High levels of dust concentration resulting from demolition or dismantling works will be minimized as described earlier. 45 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 7.5.3 Minimization of noise and vibration Significant impacts on the acoustic environment will be mitigated as described. 46 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER EIGHT: ENVIRONMENTAL & SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) 8.1 Significance of an ESMMP An Environmental and Social Management and Monitoring Plan (ESMMP) 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 ESMMP assigns responsibilities of actions to various actors and provides a timeframe within which mitigation measures and monitoring can be done. The ESMMP is a vital output of an Environmental and Social Impact Assessment as it provides a checklist for project monitoring and evaluation. The ESMMP outlined below will address the identified potential negative impacts and mitigation measures of the parking lot project based on the chapters on environmental and social impacts and mitigation measures of the negative impacts. 8.1.1 Pre-Construction & Construction Phases ESMMP The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction phase of the project are shown in the ESMMP table that is a part of this report. 8.2 Duties of the Proponent It will be the duty of the proponent to ensure that all legal requirements as pertaining to the development are met as specified by the law, including World Bank Safeguards and specifically OP4.01 (Environmental Assessment). • The proponent shall hand over the site to the Contractor for implementation of the project • The proponent will fund the project • The Proponent will acquire the NEMA license • The proponent will supervise the project and will also ensure its satisfactory implementation • The proponent shall ensure that there is a functional stakeholder engagement plan and grievance redress mechanism. • The proponent shall define the area of the site, which will be occupied by the contractor for construction purposes 8.3 Duties of the Contractor • Prepare and maintain an approved time and progress work-chart, showing clearly the period allowed for each section of the work. • The contractor is to comply with all regulations and by-laws of the local authority including serving of notices and paying of the fees. • During the night, public holidays and any other time when no work is being carried out on-site, the contractor shall accommodate only security personnel and never should a labor camp be allowed onsite. 47 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region • The contractor shall make good at his own expense any damage he may cause to the public and private roads, drainages and pavements in the course of carrying out the parking lot work. • The contractor shall provide at his own risk, and cost all water required for use in connection with the works including the work of subcontractors, and shall provide temporary storage tanks , if required • The contractor shall make his own arrangements for sanitary conveniences for his workmen. Any arrangements so made shall be in conformity with the public health requirements for such facilities and the contractor shall be solely liable for any infringement of the requirements. • The contractor shall be responsible for all the actions of the subcontractor in the first instance. • The contractor shall take all possible precautions to prevent nuisance, inconvenience or injury to the neighboring properties and to the public generally, and shall use proper precaution to ensure the safety of wheeled traffic and pedestrian. • All work operations which may generate noise, dust, vibrations, or any other discomfort to the workers and/or guests of the client and the neighbors must be undertaken with care, with all necessary safety precautions taken. • The contractor shall take all effort to muffle the noises from his tools, equipment and workmen to not more than 80dBA. This should also comply with the requirements of the WBG EHS Guidelines, whichever is the more stringent. • The contractor shall upon completion of working, remove and clear away all plant, rubbish and unused materials and shall leave the whole site in a clean and tidy state to the satisfaction of the Proponent. He shall also remove from the site all rubbish and dirt as it is produced to maintain the tidiness of the premises and its immediate environs. • No blasting shall be permitted without the prior approval of the proponent and the local authorities. • Borrow pits will only be allowed to be opened up on receipt of permission from the proponent and with NEMA ESIA license • The standard of workmanship shall not be inferior to the Kenya Bureau of Standards and/or current British codes of practice where existing. No materials for use in the permanent incorporation into the works shall be used for any temporary works or purpose other than that for which it is provided. Similarly, no material for temporary support may be used for permanent incorporation into the works. • The contractor shall maintain good working relationship with the community and implement the stakeholder engagement plan and the grievance redress mechanism • The Contractor shall provide and engage a Safety Officer on site to manage occupational health and safety matters 48 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region • The contractor shall also submit and commit to comply with an Environmental and Social Health and Safety (ESHS) Plan and a Code of Conduct regarding Contractor Environmental and Social Management Plan, CESMP This section will be reviewed carefully against the contract documentation to ensure it is included in the contract documentation. As well, the contractor has to submit and have approved by the proponent the ESHS and the Code of Conduct. 49 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Table 3: The ESMMP for the Construction Phase of Ongata Rongai parking lot project in Ongata Rongai Town of Kajiado County Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* 1) Efficient § Maximize sourcing of construction materials from Contractor Throughout construction - sourcing and suppliers who use environmentally friendly processes in period use of raw their operations. Only suppliers that have the relevant materials permits and consents etc in place shall be used as sources of material for the project, also as required by the National Construction Authority, NCA. § Ensure accurate budgeting and estimation of actual Contractor Throughout construction - construction material requirements to ensure that the least period amount of material necessary is ordered § Ensure that damage or loss of materials at the construction Contractor Throughout construction - site are kept minimal through proper storage period § Through accurate estimation of the sizes and quantities of Contractor Throughout construction - materials required, order materials in the sizes and period quantities they will be needed, rather than cutting them to size, or having large quantities of residual materials. 2) Reduction of § Sprinkle water on access routes as necessary to reduce Contractor Throughout construction 50,000/month dust dust generation by construction vehicles period generation § Sprinkle water at the construction site to prevent dust and also protect Ole Kasasi Primary School 50 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* and § Sensitize truck drivers to avoid unnecessary racing of Contractor Monitoring Indicators (Based - emissions vehicle engines at loading/offloading points and parking on IFC, WB, EU and WHO areas. Switch off or keep vehicle engines at these points Standards § Provide workers with suitable respirators for those Contractor SO2 – 20 ug /m3 20,000 exposed to dust PM10- 50 ug /m 3 NO2 – 200 ug /m3 3) Minimization § Ensure proper planning of transportation of materials to Contractor Throughout construction - of exhaust ensure that vehicle fills are increased in order to reduce period emissions the number of trips done per vehicle or the number of Monitoring Indicators (Based vehicles on the road on IFC, WB, EU and WHO Standards § Sensitize construction vehicle drivers and machinery Contractor SO2 – 20 ug /m3 - operators to switch off engines of vehicles or machinery PM10- 50 ug /m3 not being used. This will protect Ole Kasasi Primary NO2 – 200 ug /m3 School 4) Minimization § Sensitize construction drivers to avoid gunning of vehicle Contractor Throughout construction - of noise and engines or hooting especially when passing through period. Maximum permissible vibration sensitive areas such as residential areas and schools and noise levels for construction on site to protect Ole Kasasi Primary School sites – Legal Notice No. 61 – § Ensure that construction machinery are kept in good Contractor EMCA Noise Control - condition to reduce noise generation and serviced in Regulations accordance with manufacturers requirements Day – 75 dB (A) 51 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Ensure that all generators and heavy duty equipment are Contractor Night – 60 dB(A) – No - insulated or placed in enclosures to minimize ambient working at night. noise levels and located in areas that cause minimum Monitor for 80 dB(A) nuisance. continuous for 8 hrs or one- § Provide workers in high noise areas with suitable Contractor off at 140 dB(A) for provision 60,000 earmuffs of ear protection. Vibration levels do not exceed 0.5 centimeters per second beyond any source property boundary or 30 metres from any moving source. 5) Reduction of § Ensure that provisions for reporting incidents, accidents Contractor Continuous - risks of and dangerous occurrences during construction using Monitor for Zero Fatalities accidents and prescribed forms obtainable from the local Occupational and Zero Accidents/Incidents injuries to Health and Safety Office (OHSO) are in place. workers § Ensure that the premises are insured as per statutory Proponent Annually _ requirements (third party and workman’s compensation) § Develop, document and display prominently an Contractor One-off - appropriate SHE policy for construction works § Provisions must be put in place for the formation of a Contractor One-off - Health and Safety Committee, in which the employer and the workers are represented 52 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Provide suitable PPE (gloves, hard hats, overalls and Contractor Throughout construction 200,000 safety shoes) to manage workplace hazards period § Ensure that equipment and work tasks are adapted to fit Contractor Continuous _ workers and their ability including protection against mental strain § All machines and other moving parts of equipment must Contractor One-off _ be enclosed or guarded to protect all workers from injury § Arrangements must be in place to train and supervise Contractor Continuous 5,000 per inexperienced workers regarding construction machinery training use and other procedures/operations § Equipment such as fire extinguishers must be examined Contractor Continuous - by a government authorized person. The equipment may only be used if a certificate of examination has been issued § Reports of such examinations must be presented in Contractor Continuous - prescribed forms, signed by the examiner and attached to the general register § Ensure that materials (cement bags, aggregates, bitumen Contractor Continuous - drums) are stored or stacked in such manner as to ensure their stability and prevent any fall or collapse § Conduct sensitization campaign for the public on risks Contractor Twice (before construction - related to construction sites. begins) and a repeated after 1 month. 53 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Ensure that machinery, equipment, personal protective Contractor One-off _ equipment, appliances and hand tools used in construction do comply with the prescribed safety and health standards and be appropriately installed maintained and safeguarded § Design suitable documented emergency preparedness and Contractor Every 3 months - evacuation procedures to be used during any emergency. Such procedures must be tested at regular intervals § Ensure that adequate provisions are in place to Contractor One-off - immediately stop any operations where there in an imminent and serious danger to health and safety and to evacuate workers § Ensure that the most current emergency telephone Contractor One-off - numbers posters are prominently and strategically displayed within the construction site § Provide measures to deal with emergencies and accidents Contractor Continuous - including adequate first aid arrangements § Sensitize the public on potential emergency situations Contractor Twice (before construction begins) and a repeat after 1 month. § Provision must be made for persons to be trained in first Contractor One-off - aid, with a certificate issued by a recognized body. 54 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Fire-fighting equipment such as fire extinguishers should Contractor One-off 50,000 be provided at strategic locations such as stores and construction areas. § Regular inspection and servicing of the equipment must Contractor Every 3 months 5,000 be undertaken by a reputable service provider and records of such inspections maintained § Signs such as “NO SMOKING” must be prominently Contractor One-off - displayed within the premises, especially in parts where inflammable materials are stored § Enough space must be provided within the premises to Contractor One-off _ allow for adequate natural ventilation through circulation of fresh air § Well stocked first aid box which is easily available and Contractor One-off - accessible should be provided within the premises 6) Minimization § Apply soil erosion control measures such as leveling of Contractor Throughout construction - of soil run off the project site to reduce run-off velocity and increase period and soil infiltration of storm water into the soil, e.g. silt traps, erosion barriers, tree planting. § Ensure that construction vehicles are restricted to existing Contractor Throughout construction - graded roads to avoid soil compaction within the project period site. 55 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Ensure that any compacted areas are ripped to reduce run- Contractor 6 months - off. 7) Minimization § Ensure that construction materials left over at the end of Contractor One-off - of construction will be used in other projects rather than construction being disposed of. wastes § Ensure that damaged or wasted construction materials Contractor One-off - will be recovered for refurbishing and use in other projects § Utilize opportunities for donating recyclable/reusable or Contractor One-off - residual materials to local community groups, institutions and individual local residents or home owners. § Use of durable, long-lasting materials that will not need Contractor Throughout construction _ to be replaced as often, thereby reducing the amount of period construction waste generated over time § Provide facilities for proper handling and storage of Contractor One-off 20,000 construction materials to reduce the amount of waste caused by damage or exposure to the elements 56 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* § Purchase of perishable construction materials such as Contractor Throughout construction - paints should be done incrementally to ensure reduced period spoilage of unused materials § Use construction materials that have minimal or no Contractor Throughout construction - packaging to avoid the generation of excessive packaging period waste § Reuse packaging materials such as cartons, cement bags, Contractor Throughout construction - empty metal and plastic containers to reduce waste at the period site § Dispose waste more responsibly by dumping at Contractor Throughout construction 10,000/month designated dumping sites or engaging the use of a & Nairobi period registered waste disposal company or Nairobi City City County Council 8) Reduction of § Ensure planning of transportation of materials to ensure Contractor Throughout construction - energy that fossil fuels (diesel, petrol) are not consumed in period consumption excessive amounts § Monitor energy use during construction and set targets for Contractor Throughout construction - reduction of energy use. period 57 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* 9) Minimization § Promote recycling and reuse of water as much as possible. Contractor Throughout construction - of water use § Organize collection of rainwater on site period § Sensitize workers on proper water use 10) Traffic § Employ traffic flagmen to direct traffic Contractor Continuous 100,000 management § Use of warning signs § Erect bumps where necessary 11) HIV-AIDS § Awareness creation and sensitization to workers and Contractor Throughout construction 750,000 Management other persons engaged in the project to reduce or period eliminate chances of infections of HIV-AIDS and other Number of infected persons sexually transmitted diseases § Provide on a regular basis condoms to workers on site 12) Labour influx § Engage local community to provide casual, semi-skilled Contractor Continuous - and unskilled workers 13)Gender § Engage both men and women in the works without Contractor Continuous - mainstreaming discrimination 58 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Objective/Plan Recommended Mitigation Measures Responsible Monitoring Mechanism Approximate Party – Cost (Kshs) NaMSIP* 14) Community §Barricade / fence construction site Number of Contractor 400,000 Health and §Use of warning signs complaints/accidents/incidents Safety §Sensitize public on hazards of the works §Enforce vehicle low speed limits §Use flagmen to control traffic and construction vehicles §Optimize on number of trips to reduce accidents and better materials inventory management § Designate routes with minimum community persons § Optimize work to gain maximum output during non- market days 15) Child § No under-age children are to be employed on site Contractor Continuous _ protection § Children including from Ole Kasasi Primary School are Contractor Continuous _ strictly not allowed on the site 16) Grievance § Grievance redress mechanisms will be employed for this Grievance Continuous 100,000 redress project to handle and manage any complaints or Chairman / mechanisms grievances received from concerned persons Committee (Stewarded by Resident Engineer) TOTAL ESMMP Kshs. BUDGET 2,485,000 NaMSIP* - The key responsibilities regarding compliance to the above ESMMP mainly rests on the Contractor. However, it is important that the project proponent (NaMSIP) ensures adequate monitoring and evaluation of the project for no non-conformances to safeguards through NaMSIP’s Safeguards Team, Resident Engineer and Assistant Resident Engineer. 59 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region The key responsibilities regarding compliance to the above ESMMP rest on the Contractor. However, it is important that the project proponent ensures adequate monitoring and evaluation for the Contractor for no non-conformances. 8.1.1 Operational Phase ESMMP The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase the project are outlined below. 60 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Table 4: ESMMP for the Operational Phase of the Project Objective/Plan Responsible Monitoring Cost Recommended Mitigation Measures Party Mechanism (Kshs) 1) Storm Water Run- § Provide proper storm water drainage from the paved roads. Part of off Management Contractor One-off project costs § Provide regular inspection and maintenance of the drains. County Continuous - 2) Health and Safety § Implement all necessary measures to ensure health and safety of Risks. workers and the general public during operation of the project as County Continuous - stipulated in OSHA 2007 3) Solid waste § Implement measures to ensure adequate solid waste management in County Continuous - management the parking lot including putting wastes receptacles and disposal 4) HIV-AIDS § Awareness creation and sensitization to workers and other persons Management post- project to reduce or eliminate chances of infections of HIV- County Continuous - AIDS and other sexually transmitted diseases 8.1.2 Decommissioning Phase In addition to the mitigation measures provided above, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the project have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closure phase of the project are outlined in below. 61 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Table 5: ESMMP for the Decommissioning Phase Environmental Impact Recommended Mitigation Measures Responsible Party Time Frame Cost (Kshs) § All removed materials that will not be Sold Waste Generation. used for other purposes must be Contractor One-off - removed and recycled/reused as far as possible § Where recycling/reuse of the removed materials and other demolition waste is not possible, the materials should Contractor One-off 10,000 be taken to a licensed waste disposal site or dumpsite or arrangements made with Kajiado County § Donate reusable demolition waste to charitable organizations, individuals Contractor One-off - and institutions Degeneration of vegetation at § Implement an appropriate re- the construction site vegetation program to restore the site Contractor One-off - to better status § Consider use of indigenous plant Contractor One-off - species in re-vegetation § Trees should be planted at suitable locations so as to interrupt slight lines Contractor Once-off - (screen planting), between the 62 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region adjacent commercial premises area and the development. 63 | P a g e Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER NINE: AUXILLIARY INFORMATION 9.1 Budget The summary of the certified Bills of Quantities that form the cost of the project is as attached in the Annexes. The total project cost is Kshs. 45,708,286/20. 9.2 Monitoring Guidelines Continuous observations and assessment is essential so that if unforeseen safety dangers are noticed, alternatives must be sought. Risk assessment of accidents, and other adverse impacts should not be ignored in the construction plan. Waste management in the construction should be strictly followed. Mitigation measures of storm water management are essential. Safety standards should constantly be maintained, with indicators like condition of equipment, contractor compliance with the set regulations, and tracking of accidents and grievances on-site logged regularly. 9.3 Reporting Constant reporting by the site resident engineer to the contractor and proponent is necessary to ensure the project is executed as per the designs, plans and drawings. The safety officer should always remain on site to report any safety concerns for urgent mitigation. The officer should also at all times enforce safety requirements as per the relevant legislation and as per this report. The contractor must consult the proponent to maintain a clear understanding of all the aspects of the project. Kajiado County Government should be involved where necessary in early stages of the project to increase acceptance and ensure necessary partnership is in place (e.g. waste removal requirements). 64 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region CHAPTER TEN: CONCLUSION AND RECOMMENDATIONS During the preparation of this report for the development of the proposed parking lot in Ole Kasasi area of Ongata Rongai, it was observed and established that most of the negative environmental and social impacts on the environment can be mitigated and have potentially short term low significant effects. The positive impacts are highly rated and will benefit all stakeholders and Ongata Rongai residents at large. The project proponents have proposed to adhere to prudent implementation of the environmental and social management and monitoring plan. The contractor is committed to obtaining all necessary permits and licenses from the relevant authorities and have qualified and adequate personnel to do the project as proposed. The proponent has proposed adequate safety and health mitigation measures as part of the relevant statutory requirements It is the duty of NEMA to consider licensing the project subject to annual environmental audits once it has been commissioned. This will be in compliance with the Environmental Management and Coordination Act, EMCA of 2015 and the Environmental Impact Assessment and Audit Regulations, Legal Notice No. 101 of 2003. The World Bank also is to clear the project report consistent with the Bank’s safeguards requirements. 65 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region REFERENCES Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 2015. Government printer, Nairobi Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi Kenya gazette supplement Acts Land Planning Act (Cap. 303) government printer, Nairobi Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi Kenya gazette supplement Acts Public Health Act (Cap. 242) government printer, Nairobi Kenya gazette supplement number 56. Environmental Impact Assessment & Audit Regulations 2003.Government Printer, Nairobi Resettlement Policy Framework The Environmental Management & Coordination Act 1999 (EMCA 2015). World Bank Safeguards Documents o Environmental Assessment (OP 4.01) Safeguard o Involuntary Resettlement (OP 4.12) Safeguard 66 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Annexure i. Site Layout Plan – Google Map ii. Design Layout iii. Plate of Photographs of Current Proposed Site iv. Summarized Bill of Quantities v. Sample Chance Find Procedures vi. Consultations and Public Participation a. Minutes of Stakeholder Meetings b. Signed-in Attendance Sheets c. Questionnaires - Sample vii. Grievance Redress Mechanisms Documents 67 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Site Layout Plan – Google Map Ole Kasasi Road Ole Kasasi Primary School 68 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Design Layout Parking lot area of approximately 4730 M2 with 78No. parking slots Plate of Photographs of Proposed Site 69 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Bare land Little or no biodiversity Near-by primary school 70 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Summarized Bills of Quantities Sample Chance Find Procedures 71 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Chance find procedures are an integral part of the project EMMP and civil works contracts. The following is proposed in this regard: If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: • Stop the construction activities in the area of the chance find; • Delineate the discovered site or area; • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; • Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage. Consultations and Public Participation 72 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region PROPOSED CONSTRUCTION OF OLE KASASI PARKING LOTS MINUTES OF MEETING OF HELD ON 12TH NOVEMBER, 2017 WITH STAKEHOLDERS ON ESIA AT THE SITE AT 1030AM In Attendance 1. Eng. Stephen Mwaura NaMSIP 2. Eng. Malika Badiribu Wachira PIT, Kajiado County 3. Purity Wanjiku Kajiado County Stakeholders In Attendance As per the attached list. Agenda 1. Introduction 2. Project Briefing 3. Plenary 4. A.O.B Minute No. Details Response/ Action 1.00 Introduction The meeting started with a word of prayer from Linus Njeru. Eng. Malika thanked all the stakeholders for turning up for the meeting. 2.0 Project Briefing 2.01 Eng. Malika told stakeholders that the project was a NaMSIP project, a program sponsored by World Bank. In brief, the program was started back in the year 2012, and Kajiado County, among other 5 counties within the metro region, had benefited. Kajiado county was given USD 6,000,000 in which, where Kitengela, Ngong and Ongata Rongai got USD 2,000,000 each. Some projects were selected and the parking is one of them. 2.02 Eng. Stephen Mwaura from NaMSIP added that, as a World Bank requirement, it is important to carry out ESIA (environmental and Social Infrastructure Assessment) for any project before its commencement. This is to 73 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region ensure that all stakeholders that are directly and indirectly affected by the project are safe of any environmental hazards that they feel the project could bring about. He also noted that the Kenyan Constitution 2010 greatly emphasizes on Public Participation. He added that each person’s views will be captured and all questions pertaining the project shall be answered accordingly. He continued saying that he had a set of questionnaires which, though his guidance be filled by each person in attendance and the report shall be submitted to National Environmental Management Authority (NEMA) for approval and subsequent issuance of certificate 3.0 Plenary 3.01 Linus Njeru, requested that the project to Eng. Malika commence as soon as possible since it’s responded that the long overdue and approved drawings to parking occupies be available and whether the project of 0.15Ha just the market will be done together. adjacent to the market .she also assured them the approvals delayed the work but by the end of the week they will be ready. 3.02 Mr. Peter Nyanchio, recommended the Eng. Malika said that project and should improve the the project will livelihood of the people. definitely improve the face of Ngong town besides bringing job opportunities to the residents. 74 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 3.03 Mrs. Violet Ogutu, asked whether casual Eng. Mwaura jobs will be offered to locals as well as assured that casual having committee to work with jobs will be given contractor. locals by the contractor by liaising with the area Mca Hon Mwathi Pere. Hence assured them no world bank project is done shoddy work and their grievances will be written to the community and responded to if it is within their scope in three days. 3.04 Mrs, Bevarly Kaosa asked whether the Eng. Mwaura parking lot and the market will be assured them that supervised by different contractors. the parking and market are two different contracts and will be done by the contractors who qualified during bidding. 75 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 4.0 A.O.B There being no other business, all Evans Gitiri stakeholders were given copies of questionnaires and with assistance of Eng. Mwaura they filled and handed them back to him. The meeting ended at 12.30.00pm with a word of prayer from Violet Ogutu. Signed: Secretary…………………………………………………………. Date……………….. Chairman………………………………………………………… Date……………….. Attendance Sheets 76 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 77 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 78 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Public Participation Questionnaires – Sample of one (Several others will be attached in the final copy) 79 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region 80 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Grievance Redress Mechanisms Documents 1. Steps in dealing with grievances 1.1. Complaint received in writing from affected person 1.2. Recording of grievance in standard form to make a grievance log 1.3. Reconnaissance site visit with the complainant. 1.4. Submission of detailed complaint to Resident Engineer for resolution by negotiation. 1.5. Submission of detailed complaint to the Grievance Committee for resolution by mediation. 1.6. Submission of complaint to NaMSIP for resolution. 2. Composition of grievance committee Name Designation Organization Position 1 Eng. Michael Resident Nairobi City County Committee Nderitu Engineer Secretary 2 County Ward Kajiado County Committee Administrator Assistant Secretary 3 Site Contractor Member Administrator / Agent 4 Community Local communities Community Member Representative 5 Business Business members Business Member Representative 81 Environmental & Social Impact Assessment Project Report for the Construction of Ongata Rongai Parking Lot in Kajiado County of Nairobi Metropolitan Region Grievance Resolution Procedure Recording of grievance in standard Receipt of Complaint forms / grievance log Form/ Person Reconnaissance site visit Can the grievance be resolved by Yes – 3 days the Resident Engineer’s office? STORAGE OF ALL GRIEVANCE RELATED DOCUMENTS (Negotiation) No Can the grievance be resolved by Yes – 7 days Grievance Committee? (Mediation) No Submission of grievance to NaMSIP for resolution. Yes Grievance resolved NB: o All complaints should be received in the standard form to authenticate them o All resolved grievances need to be stored in the form of a retrievable grievance log o All complaints need to be resolved within 7 days from receipt of complaint. o All need to be made aware of the existence and utility of this grievance mechanism. 82