ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORT FOR MALINDI SANITATION DEVELOPMENT PROJECTS PROJECT NAME: WATER AND SANITATION SERVICE IMPROVEMENT PROJECT ADDITIONAL FINANCING (WASSIP - AF) CREDIT NO.: 51030-KE CONTRACT NO.: CWSB/WASSIP-AF/C/35/2016 COUNTRY: REPUBLIC OF KENYA EMPLOYER: MALINDI WATER AND SEWERAGE COMPANY LTD. (MAWASCO) Report Prepared by: Zamconsult Consulting Engineers Ltd SEPTEMBER 2021 Table of Contents 1 INTRODUCTION ............................................................................................................................... 1 Project Background ................................................................................................................. 1 Need For the Project ............................................................................................................... 4 The Terms of Reference .......................................................................................................... 4 ESIA Objectives........................................................................................................................ 5 Methodology ........................................................................................................................... 6 2 PROPOSED PROJECT DESCRIPTION ................................................................................................. 8 Project Area Description ......................................................................................................... 8 Location and Administration ........................................................................................... 8 Study Area ........................................................................................................................ 8 Immediate Measures for the Improvement of Sanitation Systems ..................................... 10 Ablution Block Design .................................................................................................... 10 Location of the Ablution Blocks ....................................................................................... 1 The Faecal Sludge Treatment Plant Design..................................................................... 6 Location of the Sludge Treatment Facility .................................................................... 30 Faecal Sludge Treatment Plant at Sabaki Area ............................................................. 30 Implementation Cost for Immediate Measures ............................................................ 31 Operation and Maintenance of the Proposed Projects ................................................. 31 3 PHYSICAL, BIOLOGICAL AND SOCIAL-ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT ..................................................................................................................................... 35 Physiographic and Environmental Conditions ...................................................................... 35 Climate ........................................................................................................................... 35 Topography Geology & Soils .......................................................................................... 36 Geology and Soils ........................................................................................................... 37 Drainage ......................................................................................................................... 38 Biodiversity .................................................................................................................... 38 Existing Water Supply and Sanitation Systems.............................................................. 40 Socio-Economic Infrastructure.............................................................................................. 41 Economic Activities ........................................................................................................ 41 Land Use......................................................................................................................... 42 Settlement Patterns....................................................................................................... 44 Energy Sources ............................................................................................................... 45 Administration ............................................................................................................... 45 Population & Gender .................................................................................................................... 46 Housing .......................................................................................................................... 46 Zamconsult Consulting Engineers Ltd. June 2021 Health............................................................................................................................. 47 Transport ....................................................................................................................... 47 Posts and Communication ............................................................................................. 48 Financial Institutions ...................................................................................................... 48 Commerce and Industry ................................................................................................ 48 Tourism & Culture .......................................................................................................... 48 Poverty ........................................................................................................................... 49 Education ....................................................................................................................... 50 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY ............................................................. 51 Population dynamics and household characteristics .................................................... 51 Water Supply ................................................................................................................. 55 Sanitation ....................................................................................................................... 57 Environmental Situation ................................................................................................ 59 Health Status.................................................................................................................. 60 The Project ..................................................................................................................... 65 4 CONSULTATION ............................................................................................................................. 68 Legal Requirements .............................................................................................................. 68 Government and World Bank Operation Policies on Public Consultation .................... 68 Persons or Agencies Consulted ............................................................................................. 68 Meeting Discussions ...................................................................................................... 69 Stakeholder Consultations .................................................................................................... 72 5 ALTERNATIVES TO THE PROJECT ................................................................................................... 78 ABLUTION BLOCKS ................................................................................................................ 78 FEACAL SLUDGE TREATMENT PLANT .................................................................................... 79 6 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK ................................................................. 80 The Environmental Management And Coordination Act (Emca) ......................................... 80 The Environment Management & Coordination Act (EMCA) Cap 387 and its Tools ............ 81 Environmental Impact Assessment and Audit Regulation 2003 (Legal Notice 101 of 2003) .............................................................................................................................. 83 The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2013 (Gazette Notice No. 13211 of 2013) .............................................................................. 83 Water Quality Regulations (2006) ................................................................................. 83 The Environmental Management and Coordination (waste management) Regulation, 2006 ............................................................................................................................... 84 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009 ................ 84 Environmental Management and Coordination (Air Quality) Regulations, 2014 ......... 84 Water Act 2016 ..................................................................................................................... 85 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts iii Zamconsult Consulting Engineers Ltd. June 2021 The Public Health Act (CAP. 242) .......................................................................................... 85 The Land Act, No. 6 of 2012 .................................................................................................. 85 Land registration under land act, 2012.......................................................................... 86 Way leaves under land act, 2012 ................................................................................... 87 Land acquisition under land acts 2012 .......................................................................... 87 The Constitution of Kenya 2010............................................................................................ 89 Environmental obligations and rights ............................................................................ 89 Classification of land ...................................................................................................... 90 Legal Framework of the GOK in Regard to Land Ownership and Transactions .................... 91 Legal Provision Governing Voluntary Land Transactions in Kenya ................................ 91 Legal Provision for Involuntary Land Acquisition in Kenya ............................................ 93 The HIV And AIDS Prevention And Control Act ..................................................................... 94 National Legal Provisions on Gender .................................................................................... 98 National Gender and Development Policy (2000) ......................................................... 99 The New Constitution of August 2010 on Gender ....................................................... 100 The Sexual Offences Act (NO 3 of 2006) ...................................................................... 102 The Occupational Health And Safety Act, 2007 .................................................................. 102 The County Governments Act, 2012 ................................................................................... 102 The Physical and land use planning Act, 2019 ............................................................. 104 The Public Health Act (CAP. 242) ................................................................................. 104 National Policy with Sub County Development Linkages ................................................... 105 National Poverty Eradication Plan (NPEP) 1999-2015 ................................................. 105 Vision 2030 .................................................................................................................. 105 Kenya National HIV/AIDS Strategic Plan, KNASP 2005/06-2009/10 ............................ 105 Institutional Framework...................................................................................................... 106 Institutions under the EMCA 1999 .............................................................................. 106 Institutions under the Water Act 2016 ........................................................................ 107 Water Services Regulatory Board and Water Appeals Board ...................................... 107 Water Works Development Agencies .......................................................................... 107 Water Service Providers .............................................................................................. 108 Regulatory Framework ........................................................................................................ 108 Environmental Regulations .......................................................................................... 108 Occupational Health and Safety Regulations .............................................................. 110 World Bank Safeguard Policies ........................................................................................... 110 Operational Policy (OP) 4.01: Environmental Assessment, 2001 ................................ 110 Operational Policy 4.04: Natural Habitats, 2001 ......................................................... 111 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts iv Zamconsult Consulting Engineers Ltd. June 2021 World Bank OP 4.11 on Physical Cultural Resources ................................................... 111 The Bank's Operational Policy 4.12: Involuntary Resettlement .................................. 111 World Bank Policy on Access to Information, 2010..................................................... 111 OP/BP 4.20: Gender and Development ....................................................................... 112 7 ENVIRONMENT AND SOCIAL IMPACTS OF THE PROPOSED PROJECT ......................................... 113 Impact Identification ........................................................................................................... 118 Impact Prediction ................................................................................................................ 118 Mitigation of Impacts .......................................................................................................... 119 Impact Category .................................................................................................................. 119 Nature: ......................................................................................................................... 119 Effect: ........................................................................................................................... 119 Time Range: ................................................................................................................. 120 Reversibility: ................................................................................................................ 120 Impacts Emanating from the Proposed Project .................................................................. 120 Pre-Construction/Planning Phase Impacts – Damage and Loss of Structures, Lawns and Livelihoods. .................................................................................................................. 120 Construction Phase Impacts ........................................................................................ 121 Impacts during Operation & Maintenance .................................................................. 136 Impacts during De-Commissioning .............................................................................. 140 8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ................................................... 141 Possible Enhancement Measures ....................................................................................... 141 Mitigation Measures ........................................................................................................... 141 Ablution Block Environmental and Social Management Plan (ESMP) ......................... 143 Sludge Treatment Facility Environmental and Social Management Plan (ESMP) ...... 157 Institutional Framework for Implementation of the ESMP ................................................ 176 Environmental and Social Monitoring Plan ........................................................................ 178 Incident Reporting .............................................................................................................. 178 Environmental and Social Monitoring Plan for Ablution Bocks................................... 180 Environmental and Social Monitoring Plan for Sludge Treatment Facility ................. 186 Grievance Redress Mechanism ........................................................................................... 194 Possible Sources of Grievances.................................................................................... 194 Committees Involved in The Grievance Redress Process and the Management Process 194 The Grievance Management Process .......................................................................... 195 Grievance Redress Procedure ...................................................................................... 196 Assessing, Addressing and Responding to GBV Risks in Major Civil Works Projects .......... 201 Institutional Framework for Implementation of the ESMP ................................................ 202 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts v Zamconsult Consulting Engineers Ltd. June 2021 9 CONCLUSIONS AND RECOMMENDATIONS ................................................................................. 204 10 REFERENCES ............................................................................................................................ 206 11 APPENDICES ............................................................................................................................ 207 APPENDIX A: SURVEY QUESTIONNAIRE .............................................................................. 207 APPENDIX B: SUMMARY OF PUBLIC AND STAKEHOLDER CONSULTATION ........................ 211 Minutes of a Consultation Meeting Held at Malindi Juvenile remand home grounds on 30th November 2018 at 09.53am ................................................................................. 211 Minutes of the Public Consultation Meeting Held at Chief’s Office - Maweni On 11th September 2018 at 4.30pm ......................................................................................... 223 Minutes of the Public Consultation Meeting Held at Gongoni Market On 11th September 2018 at 9.30am ......................................................................................... 230 APPENDIX C: CHANCE FIND PROCEDURES .......................................................................... 263 APPENDIX D: LAND OWNERSHIP DOCUMENTS .................................................................. 264 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts vi Zamconsult Consulting Engineers Ltd. June 2021 Table of Figures Figure 2-1: Typical Site Layout Plan for an Ablution Block ................................................................... 12 Figure 2-2: Typical Plan, Views and Sections of an Ablution Block ....................................................... 13 Figure 2-3: Land for the proposed Gongoni Ablution Block. White permanent fence separates the public area from the Muslim cemetery. ............................................................................... 1 Figure 2-4: Corrugated iron sheet hording to prevent unauthorised access to the market area under construction. ......................................................................................................................... 2 Figure 2-5: Existing abandoned market building which shall be replaced with the new market in addition to the ablution block. ............................................................................................. 2 Figure 2-6: The vegetation on the land set aside for the ablution project in Kibokoni. ......................... 3 Figure 2-7: Project site for Omar Project Ablution Block ........................................................................ 4 Figure 2-8: Old boat at the proposed project site. ................................................................................. 4 Figure 2-9: County surveyor marking the actual portion of land set aside for the ablution block......... 5 Figure 2-10: Neighbouring residential area adjacent to the project site. .............................................. 6 Figure 2-11: The public land overlooks Takaye Social Hall. .................................................................... 6 Figure 2-12: schematic diagram of flow of FS to the screens ................................................................. 8 Figure 2-13 Example inlet works and equalisation tank technical drawing ........................................... 9 Figure 2-14 Schematic diagram of flow of FS to mechanical dewatering............................................... 9 Figure 2-15: Schematic diagram of the faecal sludge flow to the anaerobic pond. .......................... 12 Figure 2-16: Schematic diagram of the faecal sludge flow to the facultative pond. ............................ 15 Figure 2-17: schematic diagram of the faecal sludge flow to the maturation ponds........................... 16 Figure 2-18: Schematic diagram of the faecal sludge flow to the constructed wetlands. ................... 18 Figure 2-19: Side elevation of example biosolids solar drying slab ...................................................... 19 Figure 2-20 Plan elevation of example biosolids solar drying slab ....................................................... 20 Figure 2-21 Process flow for biomass reception ................................................................................... 21 Figure 2-22 Side and isometric elevation of example biomass reception structures........................... 22 Figure 2-23 Plan elevation of example biomass reception structures ................................................. 22 Figure 2-24 Example Briquetting equipment layout ............................................................................. 24 Figure 2-25 Example briquetting equipment layout and process flow ................................................ 25 Figure 2-26 Example briquetting equipment structure ........................................................................ 25 Figure 2-27 Side and isometric elevation of example briquette storage structure .............................. 27 Figure 2-28 Plan elevation of example briquette storage structure .................................................... 27 Figure 2-19: Actual land to be occupied by the proposed sludge facility. ............................................ 31 Figure 3-1: Starfish and Zebra fish within Malindi marine park ........................................................... 39 Figure 3-2: Biodiversity status of the Arabuko Sokoke Forest .............................................................. 40 Figure 3-3: Existing Land Use Map – Malindi (Watamu Wastewater Masterplan, Mangat) ................ 43 Figure 3-4: Ocean Breeze Beach Resort & Spa ..................................................................................... 44 Figure 3-5: Population Distribution in Kilifi County .............................................................................. 46 Figure 3-6: Age Distribution of the Population ..................................................................................... 51 Figure 3-7: Household Literacy Level .................................................................................................... 52 Figure 3-8: Religion of the Population .................................................................................................. 52 Figure 3-9: Sources of Energy ............................................................................................................... 53 Figure 3-10: Household Socio-Economic Activities ............................................................................... 53 Figure 3-11: Business types in the project area .................................................................................... 54 Figure 3-12: Household Income per Month.......................................................................................... 54 Figure 3-13: Main Sources of Water for the Community ..................................................................... 55 Figure 3-14: Percentage Population Paying for Water ......................................................................... 55 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts vii Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-15: Amount paid per 20 litre jerry can ................................................................................... 56 Figure 3-16: General Status of the Water Quality ................................................................................ 56 Figure 3-17: Frequency of fetching water............................................................................................. 57 Figure 3-18: Common Waste Disposal Methods .................................................................................. 57 Figure 3-19: Respondents Who Have Toilets in Their Compound ........................................................ 58 Figure 3-20: Types of Toilets Respondents Have in Their Compound .................................................. 58 Figure 3-21: Environmental Issues of Concern ..................................................................................... 59 Figure 3-22: Environmental Conservation Initiatives ........................................................................... 59 Figure 3-23: Implementers of Environmental Conservation Initiative ................................................. 60 Figure 3-24: Will the Sanitation Project help in conserving the Environment ..................................... 60 Figure 3-25: Prevalence of Diseases in the Area ................................................................................... 61 Figure 3-26: Type of Treatment ............................................................................................................ 61 Figure 3-27: Ownership Status of the Health Facilities......................................................................... 62 Figure 3-28: Distance to the Health Facilities. ...................................................................................... 62 Figure 3-29: Level of Awareness on HIV/AIDS ...................................................................................... 63 Figure 3-30: Source of information on HIV/AIDS .................................................................................. 63 Figure 3-31: Household Members affected by HIV/AIDS ..................................................................... 64 Figure 3-32: Knowledge on whether HIV/AIDS can be prevented ....................................................... 64 Figure 3-33: Respondents who know where to go to for Voluntary HIV/AIDS Testing ........................ 65 Figure 3-34: Public Awareness of the Intended Construction of the Facility ....................................... 65 Figure 3-35: Perceived Impact of the Sanitation Project ...................................................................... 66 Figure 3-36: Positive Impacts of the Proposed Project ......................................................................... 66 Figure 3-37: Adverse impacts of the proposed project. ....................................................................... 67 Figure 3-38: Mitigation Measures of adverse impacts from the project. ............................................. 67 Figure 4-1: Assorted leaders giving feedback at one of the Malindi Township meetings. ................... 73 Figure 4-2: Public feedback on the Consultant’s presentation at Gongoni Trading ............................. 73 Figure 8-1: Figure Showing the Dispute Resolution Procedure .................................................... 200 Figure 11-1: Area assistant chief addressing the public forum .......................................................... 221 Figure 11-2: Nyumba Kumi representative Mzee Omar providing feedback on the project. ............ 221 Figure 11-3: Consultant addressing Bw. Karisa Kazungu’s concern.................................................... 222 Figure 11-4: Public response to the project. ....................................................................................... 222 Figure 11-5: Consultant presenting to the public ............................................................................... 228 Figure 11-6: Mzee Awadh giving his feedback on the consultant’s presentation .............................. 229 Figure 11-7: Public response to the project. ....................................................................................... 229 Figure 11-8: Consultant taking over the meeting after an invitation from Area Assistant Chief Bashehe............................................................................................................................. 235 Figure 11-9: Bahadhi Baya giving his feedback on the project. .......................................................... 235 Figure 11-10:Mzee Mohammed airing his views on the project. ....................................................... 236 Figure 11-11: Public acceptance of the project. ................................................................................. 236 Figure 11-12: Area Leaders attending to a Consultative meeting ...................................................... 243 Figure 11-13: Commercial Manager (Mawasco) addressing the meeting ...................................... 243 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts viii Zamconsult Consulting Engineers Ltd. June 2021 Table of Tables Table 1-1: Pre-project conditions of the proposed project sites. ........................................................... 2 Table 2-1: Sub-locations and Study Area ................................................................................................ 8 Table 2-2: Design Requirements for mechanical dewatering equipment ............................................ 10 Table 2-3: Malindi FSTP anaerobic pond flows ................................................................................ 11 Table 2-4: Malindi FSTP anaerobic pond characteristics ................................................................. 12 Table 2-5: Malindi FSTP facultative pond flows ............................................................................... 13 Table 2-6: Malindi FSTP facultative pond characteristics................................................................ 14 Table 2-7: Malindi FSTP maturation pond characteristics .............................................................. 16 Table 2-8: Malindi FSTP constructed wetland characteristics .............................................................. 17 Table 2-9: Design parameters of the biosolid solar drying slab............................................................ 19 Table 2-10: Output requirements for the briquetting process ............................................................. 20 Table 2-11: Output Design parameters for biomass storage and solar drying ..................................... 21 Table 2-12 Design parameters for triple pass drum dryer.................................................................... 23 Table 2-13 Briquette press design parameters ..................................................................................... 24 Table 2-14 Design parameters for briquette storage structures .......................................................... 26 Table 3-1: Malindi - Average temperatures .......................................................................................... 35 Table 3-2: Malindi - Average precipitation ........................................................................................... 36 Table 3-3: Malindi - Sunshine................................................................................................................ 36 Table 3-4: Summary of Existing Land Use ............................................................................................. 42 Table 4-1: Cross section of persons/agencies consulted ...................................................................... 69 Table 4-2: Summary schedule of the meetings held in Malindi ........................................................... 72 Table 6-1: Summary of relevant legal statutes applicable to WSDP .................................................... 93 Table 7-1: Characterization of the Expected Impacts ......................................................................... 114 Table 8-1: Ablution Blocks Environmental and Social Monitoring Plan.............................................. 180 Table 8-2: Proposed Environmental and Social Monitoring Plan for Sludge Treatment Facility........ 186 Table 8-3: Table Showing a Sample Grievance Form ..................................................................... 197 Table 8-4: Sample of a Grievance Resolution Form ........................................................................ 199 Table 8-5: Institutional Framework for ESMP ................................................................................ 202 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts ix Zamconsult Consulting Engineers Ltd. June 2021 ACRONYMS AND ABBREVIATIONS AB Ablution Block AIDS Acquired Immunodeficiency Syndrome CBO Community Based Organization CLO Community Liaison Officer CLTS Community-Led Total Sanitation CoC Code of Conduct COVID-19 Corona Virus Disease CWWDA Coast Water Works Development Agency (previously CWSB) EHS Environment Health and Safety EIA Environmental Impact Assessment EMCA Environment Management Coordination ACT ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FS Faecal sludge FSTP Faecal Sludge Treatment Plant FSTP Feacal Sludge Treatment Plant GBV Gender Based Violence GHG Greenhouse Gases GIS Geographical Information System GoK Government of Kenya GPS Global Positioning System HASP Health and Safety Plan HIV Human Immunodeficiency Virus HMP Health Management Plan ID No. Identity Card Number IDA International Development Association Kes. Kenya Shillings KFS Kenya Forestry Service LRCC Locational Resettlement and Compensation Committees m3 cubic metres MAWASCO Malindi Water and Sewerage Company Ltd. MOWSI Ministry of Water & Sanitation and Irrigation NEMA National Environment Management Authority NGO Non-Governmental Organization ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts x Zamconsult Consulting Engineers Ltd. June 2021 NLC National Land Commission NMK National Museums of Kenya NPEP National Poverty Eradication Plan O&M Operation and Maintenance OP Operational Policy PAP Project Affected Person PDPs Parts Development Plans PEC Poverty Eradication Commission PPE Personal Protective Equipment SCRCC Sub-County Resettlement and Compensation Committees SDB Sludge Drying Bed SEA Sexual Exploitation and Abuse SH Sexual harassment SOLWODI Solidarity for Women in Distress SOP Standard operating procedure STD Sexually Transmitted Diseases UBSUP Upscaling Basic Sanitation for the Urban Poor VCT Voluntary Counselling and Testing WaSSIP Water and Sanitation Service Improvement Project WaSSIP-AF Water and Sanitation Service Improvement Project – Additional Financing WB World Bank WHO World Health Organisation WRMA Water Resources Management Authority WSB Water Services Board WSDP Water and Sanitation Development Project WSP Water Services Provider WSS Water Supply and Sanitation Services WSSD World Summit for the Social Development WTP Water Treatment Plant ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xi Zamconsult Consulting Engineers Ltd. June 2021 ESIA EXECUTIVE SUMMARY Project Background The Government of Kenya (GoK) through the Ministry of Water & Sanitation and Irrigation (MOWSI) has received “credit” from International Development Association (IDA) to undertake the Wastewater Master Plan for Mombasa and Selected Towns within the Coast Region. The Government of Kenya, through its implementing agency, the Coast Water Works Development Agency (CWWDA) shall require the Consultant to render all technical support services regarding the Environmental and Social Impact Assessment as well as the Resettlement Action Plan for the above project. The Coast Water Works Development Agency (CWWDA) is a state corporation created under the Ministry of Water & Sanitation and Irrigation pursuant to the Water Act of 2016 and is one of the 8 Water Works Development Agencies in Kenya. The Coast Water Works Development Agency transited from the Coast Water Services Board (CWSB) on 3rd May 2019 through a gazette Notice No.28 of 26th April 2019. The former Coast Water Services Board was established through a Gazette Notice No. 1328 of 26th February 2004. The functions of the CWWDA are governed by:  Section 65 of The Water Act 2016  Legal Notice Number 27 of 26th April 2019 The Water Act 2016 gives CWWDA the power to:  Undertake development, maintenance and management of water works in the Coast Region  Operate water works and provide water services (until a time when these services are handed over to respective counties).  Provide technical services and capacity building to County Governments. The CWWDA covers an area of approximately 83,630Km2 which runs across 6 counties namely Mombasa, Kwale, Kilifi, Taita-Taveta, Lamu and Tana River. In each of these counties there is a Water Service Provider to oversee the supply of water and sewerage services to the residents. These are Mombasa Water Supply and Sanitation Company (MOWASSCO), Kwale Water & Sewerage Company (KWAWASCO), Kilifi-Mariakani Water & Sewerage Company (KIMAWASCO), Malindi Water & Sewerage Company (MAWASCO), Taita-Voi Water & Sewerage Company (TAVEVO), Lamu Water & Sewerage Company. The key objective of the proposed Malindi Wastewater Master Plan is to come up with a phased investment programme for Immediate / Short Term Plan (2015 – 2020), Medium Term Plan (2021 – 2025), Long Term Plan (2026 – 2040) and recommend a treated effluent disposal/reuse strategy for the effluent in Malindi Town. The broad scope of the work is to carry out Environment and Social Impact Assessment, Resettlement Action Plan of the proposed Malindi Sanitation Subprojects (7No. Ablution Blocks) and the 1No. Sludge Management Facility) based on the Government of Kenya regulations and the World Bank Safeguards Operational policies, an assessment of ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xii Zamconsult Consulting Engineers Ltd. June 2021 positive and negative impacts of the sub projects and prepare Environmental and Social Management Plan (ESMP) for this subproject. The review of this ESIA is undertaken during the era of the Coronavirus disease (COVID- 19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before and after the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures were introduced to prevent the spread of the pandemic during the pre-construction and construction periods. Moreover, consultations are still required as part of the mitigation measures, such as during RAP implementation and training on Environmental and Social issues, also pose a risk of infection to communities. The risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures put in place that ensures national government’s requirements on social distancing and recommendations on how to minimize contact are adhered to. This is the Environmental and Social Impact Assessment report for the proposed projects. The pre-project conditions are as shown below: Table A1: Pre-project conditions of the proposed project sites. Project Site Pre-project Conditions Gongoni This proposed site is located at Gongoni Area (adjacent to the B8-Malindi Trading Center to Tana River Highway), next to the new Gongoni market. This is a high Ablution site catchment area with both traders and customers constantly in the visibility of the site. Also, the neighbourhood is densely populated hence (Gongoni Sub- can also serve the needs of those lacking such a facility. In addition, the Location) area is located next to a Muslim cemetery, which also demands the need for such a facility. While there is a small public toilet under the ministry of trade at the entrance to the site, the facility is inadequate to cater for the needs of the area, and in poor condition owing to poor management. Kibokoni Area This site is located in a public parcel of land within Kibokoni area, set aside Ablution site for construction of a modern market within the current financial year. (Sabaki Sub There is adequate land for both facilities hence the market being a high Location) catchment area warrants the need for such a facility. Cleopatra– The Cleopatra ablution site is located within the Cleopatra Public Stadium Karisa Maitha in Malindi Township. The site is frequently used for many public Playing functions, various football matches, in addition to having many traders Ground traversing the site day-in-day-out. As such, the high catchment comes (Malindi Town from customers, passers-by, traders and congregants of any function. Sub-Location) Omar Project This is a high catchment site since it is next to the beach hence prone to Site – Malindi serve both local and international tourists visiting the beaches as well as Water Front the Vasco Da Gama Pillar which is not so far away from the site location. (Malindi Town In addition, there are several hawkers, and boat builders who lack an Sub-Location) elaborate toilet facility to use during the working hours. Malindi Level This site is located next to the Malindi Sub County Mortuary with frequent Four/General visits by the bereaved families. The Mortuary serves Malindi and Magarini Hospital Sub Counties hence a large population. Opposite the site, there exists a Ablution Site number of commercial activities as shops, business huts, Boda boda (Malindi Town operators who will also constitute the users. Also, the constant presence Sub-Location) of members of the public at the exterior of Malindi general hospital ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xiii Zamconsult Consulting Engineers Ltd. June 2021 implies that the area is a waiting bay for those looking forward to visiting or escorting their loved ones to the hospital. Takaye This ablution site is located within Muyeye and under Malindi Township. Ablution Site The proposed land is part of land being used as a public football field, (Malindi Town and adjacent to residential area as well as the Takaye Social Hall. The hall Sub-Location) is frequently used for various public functions hence the need for the project at this area. Furthermore, there was evidence of open defecation in this area underlining the need for the facility. Muyeye Health This site lies within Muyeye Health Centre where there’s enough clear Centre space and a proposed access road that is independent of the access to the Ablution site health centre. The site captures passers-by and many boda boda riders (Malindi Town within the area. While the land belongs to the county government of Kilifi, Sub-Location) the hospital administrators have been involved and in support the project. Sabaki Faecal The proposed sludge treatment plant will be located next to the Sabaki Sludge Bridge (along the Malindi to Mambrui B8 road) in a public land-parcel Treatment belonging to the County Government of Kilifi. This is a part of the 30-acre Plant parcel of land set aside by the county government, within the bigger M (Sabaki Sub- 13A/1 land for sewerage services in Malindi. The specific area of interest location) for this project is approximately 22.6acres. This area was selected at a higher ground after considering that the area is adjacent to the Sabaki River’s point of entry to the Indian Ocean has a high-water table. The project will also entail construction of a value addition component whereas the treated sludge shall then be used as raw material for the production of briquettes. This will serve as an alternative source of industrial fuel as well as a way of disposing off the treated sludge. The additional component will be constructed alongside the sludge treatment plant within the same piece of land. A Social screening for the entire 30acres parcel of land was conducted and identified 49 potential PAPs who are expected to lose structures and livelihoods. Detailed information is presented in a separate ARAP report There is a significant rise in the rural – urban migration with most areas identified for the study being public areas where a myriad of activities is constantly being carried out. The main beneficiaries will be: -  The general public attending public functions at some of the mentioned locations.  Traders and customers who come from various areas hence not in a position to utilize their personal facilities.  Commuters and bus/matatu operators near bus bays.  The local community who may be involved in the implementation, operation and maintenance of the project.  Local traders who will sell various food items to the construction crew during construction among others. Ablution Block Design Considering the population densities and the availability of public land, a total of seven (7) Ablution Blocks is proposed for construction in Malindi Town. Each proposed Ablution Block comprises of six (6) toilets and two (2) Shower Rooms with equal number ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xiv Zamconsult Consulting Engineers Ltd. June 2021 for each gender i.e. Ladies and Gents. The allocated number of toilets in each Ablution Block ensures provision of sufficient service levels for the target population. It is estimated that on average, a user spends 5 minutes in the facility. Thus, for a single facility with 6 toilets, a maximum number of 720 persons can be served in a 10-hour day. The land set aside for each ablution block is approximately 23m by 17m. Feacal Sludge Treatment Plant Design The project envisages the construction of faecal sludge treatment plant with a firm design capacity of 95 m3/day of sludge with significant redundancy. The plant will be paired with a waste to value facility capable of producing 1,200 ton per month of industrial fuel in the form of briquettes. The proposed faecal sludge treatment plant will comprise of the following units; a. Exhaust Vacuum Tanker Discharge Bay b. Receiving Station with screens and grit baskets c. Equalization tank d. Flocculation tank e. Mechanical Dewatering facilities f. Anaerobic, Facultative, Maturation ponds as well as Constructed Wetlands g. Biosolids Solar Drying beds h. Associated Site and Ancillary Works including Operators Office / Guard House The land for this proposed facility is approximately 22.6acres. Need for the Project The project objective is to improve the public sanitation infrastructure within Malindi Town. The Town and its associated centres are growing in terms of population and the economy meaning the increasing population has a direct effect on the sanitation facility requirements in the area. Being a tourist town, there is also a notable number of both local and international tourists visiting the area implying the need of wastewater facilities to serve the non-locals. The situation on the ground is characterized by the presence of small/inadequate and/or poorly managed public facilities or the lack of such facilities altogether. In addition, MAWASCO received funding from Water Fund to put up a Decentralized Treatment Facility with a waste to value component to serve household toilets constructed under the Upscaling basic sanitation for the urban poor (UBSUP)Project. Whereas sludge from the toilets were to be serviced through a decentralised treatment facility which failed to operate due to site related issues. The treatment facility shall also receive and treat sludge collected within Malindi and its environs. The county government already has an improvement plan for the implementation of a complete sewerage system including a treatment plant. Thus, at the minimum, the ablution blocks, households and commercial entities wastewater will be transferred to the proposed sludge facility, which shall then be treated and sludge dry cake converted to industrial briquettes all of which will be implemented under the Water and Sanitation Development Project (WSDP). The implementation of the project will also contribute to the improved performance of the economic sectors and the delivery of social services within the project environs. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xv Zamconsult Consulting Engineers Ltd. June 2021 Study Method The study approach and methodology adopted included screening to determine the extent of the project and desktop data search and analysis for the baseline bio-physical and social environmental parameters of the project area. In addition, the consultant worked with the project design group and was briefed and obtained design approaches to be used which informed the requirements of the environmental reporting process and for which excerpts have been obtained on salient design information. The Consultant engaged on multi-faceted public consultation process which included ad hoc household social and environmental surveys using structured questionnaires duly analysed and key informant interviews to institutions and lead agencies and public consultation meetings. This was done over a period of Two (2) months with observation method being the key approach in the collection of biodiversity information. The Consultant also engaged environmental and forestry management stakeholders as well as doing online studies in acquiring this information. Based on these findings and expert judgement, the consultant has compiled the projected social and environmental impacts (positive and negative) likely to emanate from proposed project activities and the Environmental and Social Management Plan (ESMP) which details how the potential adverse impacts and risks will be reduced or eliminated and by whom at an estimated cost. Legislative Framework for this Study The principal National legislation governing issues of environmental concern in Kenya is the Environmental Management & Coordination (Amended) Act of 2015, typically referred to as EMCA. EMCA calls for Environmental Impact assessment (EIA) (under Section 58) to guide the implementation of environmentally sound decisions and empowers stakeholders to participate in sustainable management of the natural resources. Projects likely to cause environmental impacts require that an environmental impact assessment study to be carried out. It is under this provision that the current study has been undertaken. Other legislation adhered to during this study are the regulations borne of EMCA Cap 387 namely the Environmental Impact Assessment and Audit Regulations 2003; The Environmental Management Coordination Act (Waste Management) Regulations 2006; the Environmental Management Coordination (Water Quality) Regulations 2006; and the Environmental Management and Coordination (Noise and Excessive vibration pollution Control) Regulations 2009 (Legal Notice 61), Air quality Regulations 2009 among others. Sectoral legislation applicable to this Project include the Water Act (2016), the Constitution of Kenya 2010, The Public Health Act (CAP. 242), among others. In addition to the local legislation, the Consultant identified the various World Bank operational policies relevant to the project. Some of these policies include Operational Policy (OP) 4.01, OP 4.12, as well as the World Bank Policy on Access to Information, 2010. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xvi Zamconsult Consulting Engineers Ltd. June 2021 Summary of WB Policies and how they’re triggered in this project. POLICY BRIEF DESCRIPTION Operational Policy Environmental Assessment is used in the World Bank to (OP) 4.01: identify, avoid, and mitigate the potential negative Environmental environmental impacts associated with Bank lending Assessment, 2001 operations. It was established that the Project activities will trigger World Bank Operation Policy (OP 4.01) on Environmental Assessment due to environmental and social impacts arising from the Project as presented in this report. Operational Policy Provides for measures to protect cultural heritage from the OP 4.11: Physical adverse impacts of project activities and support its Cultural Resources preservation. No physical cultural resources were identified within the project areas. However, the ESIA has provided chance find procedures (Appendix C) to be adopted by the contractor during civil works. Operational Policy This is triggered in situations involving involuntary taking of 4.12: Involuntary land and involuntary restrictions of access to legally designated Resettlement parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. The Project activities will trigger World Bank Operation Policy 4.12 due to the displacement that will occur in the Sabaki Sludge Treatment Plant project site. WB Policy on The World Bank policy on access to information sets out the Access to policy of the World Bank on public access to information in its Information, 2010 possession. In disclosing information related to member countries/borrower in the case of documents prepared or commissioned by a member country/borrower (in this instance, safeguards assessments and plans related to OP/BP 4.01, Environmental Assessments, and OP/BP 4.12 Involuntary Resettlement); the bank takes the approach that the country/borrower provides such documents to the Bank with the understanding that the Bank will make them available to the public. OP/BP 4.20: Gender This sets out the guidelines on gender assessment based on and Development analytic work and consultations conducted by organizations in regards to WB implemented projects. It has been triggered in this project since the project is a benefit to the public hence in cases where a specific gender is favoured over another, specific guidelines on equality and equal distribution of opportunities and benefits from this project shall be put in place. Conclusions from Public Consultation Part of the ESIA process includes conducting public consultation with the local community within the project area. The Consultant conducted 2 types of meetings: ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xvii Zamconsult Consulting Engineers Ltd. June 2021 i. High level meetings with the Client, Local Administrative leaders, political representatives and MAWASCO ii. Low level meeting in an open public forum within the proposed project area as well as separate meetings with the potential PAPs. During these meetings, it was apparent that the area lacks enough ablution blocks as well as a wastewater management plan. The main point of concern about most of the proposed sites was the public involvement in the project, presence of squatters in some of the identified sites as well as the suitability of some sites. The WSP provided 9No. sites out of the required 7No. sites for ablution blocks and 1no site for sludge treatment for the assessment. However, the additional 2 sites were dropped since they failed to meet the required land specifications. Details of the discussions is presented in the analysis of alternatives. The stakeholders affirmed that the project would reduce the burden on the environment where people openly relieve themselves and unsafely dispose of faecal sludge hence affecting both marine and terrestrial environments. Expected impacts The expected impacts emanate from the Pre-Construction/planning phase, the Construction Phase, the Operation phase and the De-Commissioning Phase of the project. In general, successful implementation of the project will have high environmental and socioeconomic benefits to the people and will contribute to their health and well-being. Overall, negative expected impacts are related to the planning and construction activities of the project. These impacts are localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the construction and operation activities adhere to the proper construction and operation standards specified by the design and supervision engineers. The positive benefits of the project will include: i. Employment during construction ii. Improved supply of sanitation services iii. Overall improvement in hygiene iv. Reduced burden on trees (charcoal) through provision of alternative industrial fuel in form of briquettes v. creation of employment opportunities to the locals (value addition component) during the operational phase The major negative impacts of the project will be felt during the planning, construction and decommissioning of the project and include: i. Site Related Oil Spills – expected in all sites due to use of machinery in project implementation ii. Soil Related Impacts – construction activities in all sites will impact the soil in terms of pollution iii. Impact on Water Resources – seepage of liquid and soluble waste within the construction camp is likely to affect underground water resources and eventually the river nearby, in the case of sludge treatment facility. iv. Air Quality – Expected due to dust and emissions associated with any construction activity. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xviii Zamconsult Consulting Engineers Ltd. June 2021 v. Noise Pollution – Expected from influx of workers, construction equipment and vehicles in and out of the site. vi. Impact on flora and fauna – vegetation will be cleared in some sites to pave way for the project. vii. Generation of solid waste – this is associated with any construction activity viii. Loss of structures and livelihoods within the project site – Resettlement is only expected in Sabaki sludge treatment facility site where a total of 49 PAPs are involved with 14 PAPs losing residential structures, 31 PAPs losing crops and 47 PAPs losing trees. ix. Traffic Congestion Socio-Economic Impacts – Expected in busy sites such as the ablution sites. x. Health & Safety Risks- Safety and health is a concern to both the construction workers and the operation and maintenance personnel. xi. HIV & AIDS Impacts – Expected from workers at any of the sites whereby the earning of money may promote immorality. xii. Increased cases of COVID-19 infections and Impacts – Expected from workers and amongst community during consultation and toolbox meetings and gatherings xiii. Gender-based violence and Gender impacts at community level – Generally in traditional coastal communities, men are favoured over women. This project seeks to balance the opportunities and involvement for both genders. xiv. Sexual exploitation and abuse (SEA) of community members by project workers including Violation of children’s rights by contractor and labour forces on site. xv. Crime incidences – there may be those targeting to perform their looting activities eyeing the equipment to be utilised or even construction material. xvi. Child Labour and Protection risks – this relates to the potential risk of using of people under the age of 18 during the implementation of the project. xvii. Gender Equity, Sexual Harassment – this relates to risks of potential victimization of the female gender during the implementation and running of the project. xviii. Liability for loss of life, injury or damage to private property – construction activities may injure humans or damage private property. This seeks to address any impact associated with this project. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) This was prepared to reduce, minimize or altogether eliminate the adverse impacts. Positive impacts are project enhancements and do not require mitigation. The ESMP is fully described in chapter 8 of this report, however the tables below present the identified environmental and social impacts, their mitigation measures and the party responsible for carrying out the mitigation measures, in summary. As per the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 as amended in 2015, and the World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be promptly reported to the respective regulatory institutions in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xix Zamconsult Consulting Engineers Ltd. June 2021 Ablution Blocks’ Environmental and Social Management Plan (ESMP) Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Increased Traffic Provision temporary road signs or notices to indicate ongoing Contractor supervised 300,000.00 broken hence Congestion works. by the Resident down as follows: 2 Engineer traffic signs per site to Effecting traffic controls to avoid congestion and accidents on inform the public and roads. control traffic @ Choosing suitable traffic routes/diversions to reduce the 20,000; 2 banksmen impact in the neighbourhood. per site to direct traffic within site & in the diversions: 15,000 p.m for 6 months Construction Ambient air Use equipment fitted with water suppression to minimize the Contractor 100,000.00 per site to quality amount of dust. cater for dust masks for Resident Engineer the whole project Drivers should be instructed on the benefits of driving practices period for all site users. that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew and visitors to the site. All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xx Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Site Related Oil The Contractor should ensure that the employees on site are Contractor 250,000.00: 200,000 Spills aware of the company procedures for dealing with spills and to cater for the safety leaks e.g. using dispersants or adding biological agents to speed Resident Engineer training seminars up the oil breakdown for the construction machinery though throughout the project induction and safety training (the contractor will propose a period (2 training method of clean-up which will be subject to approval); seminars each costing All vehicles and equipment should be kept in good working 100,000); 50,000 for order, serviced regularly in accordance to the manufacturers purchase of specifications and stored in an area approved by the Resident dispersants. Engineer/Supervising Consultant; Construction Soil Related The valuable top soil containing organic material, nutrients as Contractor No additional cost. Impacts well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where applicable. Resident Engineers Plan emergency response measures in case of accidental oil spills. In case of any Cultural and Historical Findings, the chance find procedure shall be followed and a detailed study of the identified site will be done and awareness-raising meetings conducted. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly from the Contractor, Costs included in solid resources construction camps, sites and offices. and liquid waste Resident Engineer management below. Ensure proper measures are in place for collection and disposal County Water Officer of spilled oils and lubricants. Monitor water usage and storage infrastructure on site to prevent wastage ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxi Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Noise and Contractor to apply the applicable noise limits as per NEMA Contractor No additional Costs vibrations regulations and obtain a Construction Noise Permit prior to the Resident Engineer commencement of construction. Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time to ensure construction activities are mostly carried out during daytime hence not affecting residents neighbouring the construction sites. Contractor to prepare for approval by MAWASCO a Health and Safety Management Plan (HASP) detailing means to protect site workers and community from excessive noise and vibrations Contractor to prepare for approval by MAWASCO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. To the extent possible, heavy vehicles and equipment should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Safety & Health Develop a site safety action plan detailing safety equipment to Contractor Toolbox meetings and risks be used, emergency procedures, restriction on site, frequency awareness trainings Resident Engineer and personnel responsible for safety inspections and controls. shall be included in the MAWASCO safety trainings listed above. 180,000.00 for ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure provision and consistent use of PPE by workforce. The personal protective contractor should commit himself to strict implementation of equipment per site - 20 OSHA regulations during construction and operations. pieces at an average of 9,000.00 per person Ensure the installation of barriers like fences around active sites broken down as and other locations to prevent access to facilities by follows: safety boots – unauthorized persons. 4,000.00; Helmet – The workers should receive requisite training especially on the 1000.00; Reflector operation of the machinery and equipment jackets – 400.00; Gloves – 600.00; There should be adequate warning and directional signs. Overalls – 3,000.00. Ensuring that the prepared code of conduct for staff is followed to prevent accidents. Cordon off unsafe areas Provide first Aid kits and ensure availability of trained first aiders within the construction site. The ratio of trained first aiders to worker on site at any particular time should meet the threshold defined by the First Aid Rules under OSHA 2007 Construction Liability for loss Recording of all injuries that occur on site in the incident Contractor No additional Costs. of life, injury or register, and ensuring corrective actions for their prevention Resident Engineer Compensation to be damage to are instigated as appropriate. determined when it private property Contractor to ensure compliance with the Workmen's happens. Compensation Act, ordinance regulations and union agreements. The contractor to maintain appropriate insurance cover throughout the construction period. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxiii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The Contractor to promptly repair any damage done to private property. Construction HIV & AIDS Sensitize workers and the surrounding communities on Contractor 200,000.00 per site to Impacts awareness, prevention and management of HIV/AIDS through cater for a Resident Engineer staff training, awareness campaigns, multimedia and comprehensive workshops or during community Barazas. Provide information, The County Government awareness program education and communication. including VCT services MAWASCO and provision for ARVs Use of existing clinics to provide VCT services to construction throughout the project crew and provision of ARVs for vulnerable community period. members Dispensing of contraceptives to workers, especially condoms to prevent spread of HIV/AIDS Construction Spread of COVID- The Contractors will develop a SOPs for managing the spread of All the Project 300,000.00 per site to 19 amongst Covid-19 during project execution and submit them for the components cater for Purchase of workers approval by the Supervision Engineer and the Client before PPEs, Handwashing Responsibility mobilization. The SOPs shall be in line with the World Bank facilities and guidance on COVID-19, Ministry of Health Directives and site- MAWASCO & detergents, Hand specific project conditions; Supervising Eng. & Sanitizers, Screening Contractor(s) gadgets and media Mandatory provision and use of appropriate Personal Workers communications Protective Equipment (PPE) shall be required for all project throughout the personnel including Suppliers, visitors etc accessing worksites; construction period. Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxiv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for covid-19; Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; Consider safe transportation of Workers to worksites, routine sanitization of shared vehicles etc. Construction Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 200,000.00 per site to 19 amongst meetings, whenever possible, shall be used. One on one components cater for Purchase of community engagements for the PAPs while observing social distance and PPEs, Handwashing members during adhering to PPE wearing shall be enforced; facilities and consultations Responsibility detergents, Hand Avoid concentrating of more than 15 community members at Sanitizers and media one location. Where two or more people are gathered, maintain MAWASCO Supervising communications social distancing of at least 2 meters; Eng. & Contractor(s) during community The team carrying out engagements within the communities on Social engagements one-on-one basis will be provided with appropriate PPE for the Expert/Communication number of people they intend to meet; ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Use traditional channels of communications (TV, newspaper, s /stakeholder radio, dedicated phone-lines, public announcements and mail) Engagement Expert. when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Socio-economic Unskilled and skilled (if available) labour to be hired from the Contractor No additional cost impacts local population as far as possible to minimize on influx of non- Resident Engineer residents into the community. Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxvi Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact staff training, awareness campaigns, multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members The Contractor should enforce and maintain a code of conduct for his employees Construction Child Labour and Ensure no children are employed on site in accordance with the Contractor No additional Costs Protection law Resident Engineer Ensure that any child sexual relations offenses among Local Administration contractors' workers are promptly reported to the police and other relevant authorities. Prepare and implement a Labour Influx Management Plan Construction Gender-based The Contractor shall ensure clear human resource policy Contractor 300,000.00 to cater violence (GBV) against Gender-based violence that is aligned with national law for implementation of Resident Engineer the GBV action plan(s). Integrate provisions related to GBV in the employee CoC GBV Expert/Focal The Contractor shall ensure appointment of a GBV focal Person(s) person(s) to manage related reports according to policy The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from GBV. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxvii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The contractor will implement provisions that ensure that GBV at the community level is not triggered by the Project, The contractor shall develop a specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc The contractor will ensure adequate referral mechanisms are in place should a case of GBV at the community level is reported related to project implementation Construction Sexual Develop and implement a SEA action plan with an Contractor 250,000.00 to cater Exploitation and Accountability and Response Framework as part of the C-ESMP. for implementation of Resident Engineer Abuse by project The SEA action plan will follow guidance on the World Bank’s the SEA action plan and workers against Good Practice Note for Addressing Gender-based Violence in SEA Focal Person(s) Non-Discrimination themselves and Investment Project Financing involving Major Civil Works (Sept Policy. the community 2018). GBV Expert/Focal members person The SEA action plan will include how the project will ensure necessary steps are in place for: Local NGO Prevention of SEA: including COCs and ongoing sensitization of Local CBO staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials; Response to SEA: including survivor-cantered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxviii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. Construction Gender Ensure equitable distribution of employment opportunities The contractor 200,000.00 per site to empowerment between men and women cater for hiring male The Resident Engineer and female mobile Provide temporary toilets and bathrooms for both male and toilets at the project female workers on site site. Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Initiative) Resident Engineer to provide security within the site in addition to the Contractor’s own security. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxix Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the offense, location, date, time, and all other pertinent details. Construction Generation of Sorting of all wastes collected by the dustbins before MAWASCO 75,000.00 per site to solid and liquid transporting to the relevant facilities. cater for solid waste Contractor waste management such as Continuous removal of solid waste to prevent overloading of the colour coded bins (red- drainage system to ensure its efficiency hazardous, yellow- All waste transporters used should have a license from NEMA. recyclable & green- organic); as well as ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxx Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact sealed collection drums for used oil disposal. Construction Loss of flora and Re-plant the vegetation as much as possible once work is Contractor 30,000.00 per site for fauna/Biodiversi completed. restoration of the eco- Resident Engineer ty within the system within the Spare the vegetation that must not necessarily be removed such project site County Officer- Water project site. as trees by clearly demarcating construction areas. Energy and Natural Minimize the amount of destruction caused by machinery by Resources promoting non-mechanized methods of construction. The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval); Provision of segregated dustbin and sanitation facilities within the Contractor’s camp to prevent seepage into the natural environment. Operation Occupational Ensure that all equipment is in good working conditions to MAWASCO No additional Cost Safety and Health prevent occupational hazards. Impacts Establish a Health and Safety Plan (HASP) for maintenance work. Use of masks while working in the environment full of dust, chemicals and pathogens to avoid respiratory related sicknesses. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxi Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Provide workers with appropriate personal protective equipment (PPE). Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. Operation Air quality Provide adequate framework for disposal of septic waste from MAWASCO No additional cost ablution blocks to avoid overflows. Constant monitoring of the facility to ensure proper management and cleanliness to avoid rendering the facility useless. Odours generated by the facility can be controlled by use of suppressants. Operation Usage and Provide adequate training on the community groups operating MAWASCO No additional cost as it Management of the facility to maintain cleanliness and avoid wastage of is included in the other resources. Contractor the Facilities comprehensive Provide awareness program to the public on the proper usage awareness programs of the facility to prevent disease outbreak and conservation of in the ESMP. resources. Operation Generation of Sorting of all wastes collected by the dustbins before MAWASCO 50,000.00 to cater for solid wastes transporting to the relevant facilities. the capital of acquiring Contractor dustbins to be used Continuous removal of solid waste to prevent overloading of the during the operation drainage system to ensure its efficiency period of the project. All waste transporters used should have a license from NEMA. Other costs to be included in the O&M Manual. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxii Zamconsult Consulting Engineers Ltd. June 2021 Faecal Sludge Treatment Plant Environmental and Social Management Plan (ESMP) Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Pre- Loss of Loss of assets to be valued and compensated in accordance MAWASCO/County construction/ residential, farm with the World bank guidelines and policy. government planning structures and fences within the project sites Pre- Loss of Loss of livelihoods to be valued and compensated in MAWASCO/County 79,438,469.72 construction/ livelihoods accordance with the World Bank guidelines and policy. government planning within the project sites Pre- Loss of trees and Loss of assets to be valued and compensated in accordance MAWASCO/County construction/ crops within the with the World Bank guidelines and policy. government planning project sites Pre- Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 150,000.00 to cater for construction/ 19 amongst meetings, whenever possible, shall be used whenever components Purchase of PPEs, planning community feasible. One on one engagements for the PAPs while Handwashing facilities and members during observing social distance and adhering to PPE wearing shall detergents, Hand Sanitizers consultations be enforced; Responsibility and media communications during community Avoid concentrating of more than 15 community members at MAWASCO engagements one location. Where two or more people are gathered, Supervising Eng. & maintain social distancing of at least 2 meters; Contractor(s) Social Expert/Communica tions ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxiii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The team carrying out engagements within the communities Expert/stakeholder on one-on-one basis will be provided with appropriate PPE Engagement Expert for the number of people they intend to meet; Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Increased Traffic Provision temporary road signs or notices to indicate Contractor 650,000.00 broken down hence Congestion ongoing works. supervised by the as follows: 10 traffic signs to Resident Engineer inform the public and Effecting traffic controls to avoid congestion and accidents control traffic @ 20,000; 5 on roads. banksmen to direct traffic Choosing suitable traffic routes/diversions to reduce the within site & in the impact in the neighbourhood. diversions: 15,000 p.m for 6 months ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxiv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Ambient air Use Respiratory Protective Equipment (RPE) like masks on Contractor 200,000.00 to cater for dust quality construction crew and all visitors to the site. masks for the whole project Supervising period for all site users. Use equipment fitted with water suppression to minimize the Engineer amount of dust. Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew and visitors to the site. All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Construction Site Related Oil The Contractor should ensure that the employees on site are Contractor 1,000,000.00: 800,000 to Spills aware of the company procedures for dealing with spills and cater for the safety training leaks e.g. using dispersants or adding biological agents to Supervising seminars throughout the speed up the oil breakdown for the construction machinery Engineer project period (2 training though induction and safety training (the contractor will seminars each costing propose a method of clean-up which will be subject to 400,000); 200,000 for approval); purchase of dispersants. All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Soil Related The valuable top soil containing organic material, nutrients as Contractor No additional cost. Impacts well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where Supervising applicable. Engineers Plan emergency response measures in case of accidental oil spills. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly from Contractor, Costs included in solid and resources the construction camps, sites and offices. liquid waste management Supervising below. Ensure proper measures are in place for collection and Engineer disposal of spilled oils and lubricants. County Water Monitor usage of water and associated storage infrastructure Officer on site to prevent wastage Carry out required tests as required before releasing water by-product to the environment Construction Noise and Contractor to agree noise limits/ noise control stations with Contractor No additional Costs vibrations NEMA and obtain a Construction Noise Permit prior to the Supervising commencement of construction work. Engineer Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time Contractor to prepare for approval by MAWASCO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxvi Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. To the extent possible, heavy vehicles should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Occupational Develop a site safety action plan detailing safety equipment to Contractor Toolbox meetings and Safety & Health be used, emergency procedures, restriction on site, frequency awareness trainings shall be Supervising Risks and personnel responsible for safety inspections and controls. included in the safety Engineer trainings listed above. Ensure provision and consistent use of PPE by workforce. The MAWASCO contractor should commit himself to strict implementation of 900,000.00 for personal OSHA regulations during construction and operations. protective equipment for 100 pieces at an average of Cordon off unsafe areas: Ensure the installation of barriers 9,000.00 per person broken like fences around active sites and other locations to prevent down as follows: safety access to facilities by unauthorized persons. boots – 4,000.00; Helmet – The workers should receive requisite training especially on 1000.00; Reflector jackets – the operation of the machinery and equipment 400.00; Gloves – 600.00; Overalls – 3,000.00. Provision of adequate warning and directional signs. Ensuring that the prepared code of conduct for staff is followed to prevent accidents. Draft operational policies on safety e.g. Alcohol use, speed limits. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxvii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Spread awareness to curb vandalism of safety equipment and other installations. Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. As applicable, equipment should only be operated by authorised personnel Appoint a trained health and safety team for the duration of the construction work. Work to minimize or altogether eliminate mosquito breeding sites. Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. Undertake registration of the site by DOSH as a construction site Provide first Aid kits and ensure availability of trained first aiders within the construction site. The ratio of trained first aiders to worker on site at any particular time should meet the threshold defined by the First Aid Rules under OSHA 2007 Construction Liability for loss Recording of all injuries that occur on site in the incident Contractor No additional Costs. of life, injury or register, corrective actions for their prevention are instigated Supervising Compensation to be damage to as appropriate. Engineer determined when it private property Contractor to ensure compliance with the Workmen's happens. Compensation Act, ordinance regulations and union ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxviii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact agreements. Contractor will maintain appropriate insurance cover throughout the construction period The Contractor to repair any damage done to private property. Construction Spread of COVID- The Contractors will develop SOPs for managing the spread of All the Project 300,000.00 to cater for 19 amongst Covid-19 during project execution and submit them for the components Purchase of PPEs, workers approval by the Supervision Engineer and the Client before Handwashing facilities and Responsibility mobilization. The SOPs shall be in line with the World Bank detergents, Hand Sanitizers, guidance on COVID-19, Ministry of Health Directives and site- MAWASCO & Screening gadgets and specific project conditions; Supervising Eng. & media communications Contractor(s) throughout the construction Mandatory provision and use of appropriate Personal Workers period Protective Equipment (PPE) shall be required for all project personnel including Suppliers, visitors etc accessing worksites; Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters. All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for covid-19; Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xxxix Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact including consultation venues and meetings and ensure they are used; Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; Consider safe transportation of Workers to worksites, routine sanitization of shared vehicles etc. Construction Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 300,000.00 to cater for 19 amongst meetings, whenever possible, shall be used whenever components Purchase of PPEs, community feasible. One on one engagements for the PAPs while Handwashing facilities and members during observing social distance and adhering to PPE wearing shall detergents, Hand Sanitizers consultations be enforced; Responsibility and media communications during community Avoid concentrating of more than 15 community members at MAWASCO engagements one location. Where two or more people are gathered, Supervising Eng. & maintain social distancing of at least 2 meters; Contractor(s) The team carrying out engagements within the communities Social on one-on-one basis will be provided with appropriate PPE Expert/Communica for the number of people they intend to meet; tions Expert/Stakeholde Use traditional channels of communications (TV, newspaper, r Engagement radio, dedicated phone-lines, public announcements and Expert mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xl Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Spread of HIV & Sensitize workers and the surrounding communities on Contractor 400,000.00 to cater for a AIDS Impacts awareness, prevention and management of HIV/AIDS comprehensive awareness Supervising through staff training, awareness campaigns, multimedia and program including VCT Engineer workshops or during community Barazas. Provide services and provision for information, education and communication. The County ARVs throughout the project Government period. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community MAWASCO members Construction Socio-economic Unskilled and skilled (if available) labour to be hired from the Contractor No additional cost impacts local population as far as possible to minimize on influx of Supervising non-residents into the community. Engineer Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xli Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through staff training, awareness campaigns, multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members The Contractor should enforce and maintain a code of conduct for his employees Construction Child Labour and Ensure no children are employed on site in accordance with Contractor No additional Costs Protection the law Supervising Ensure that any child sexual relations offenses among Engineer contractors' workers are promptly reported to the police and Local other relevant authorities. Administration The contractor will ensure proper records of labour force on site while avoiding child and forced labour Comply with all relevant local legislation, including labor laws in relation to child labor specifically provisions of Kenya’s Employment Act Cap 226 of 2007 Part VII on protection of children against exploitation. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Sexual Develop and implement SEA action plan with an Contractor 300,000.00 to cater for exploitation and Accountability and Response Framework as part of the C- implementation of the SEA Resident Engineer abuse (SEA) of ESMP. action plan(s). community SEA Focal The SEA action plan should follow guidance on the World members by Person(s) Bank’s Good Practice Note for Addressing Gender-based project workers Violence in Investment Project Financing involving Major GBV Expert/focal including Civil Works (Sept 2018). person Violation of children’s rights The SEA action plan will include how the project will ensure by contractor and necessary steps are in place for: labour forces on site. Prevention of SEA: including CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xliii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle-blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. The Contractor shall ensure clear human resource policy against Gender-based violence that is aligned with national law Integrate provisions related to GBV in the employee CoC The Contractor shall ensure appointment of a GBV focal person(s) to manage related reports according to policy The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from GBV. The contractor will implement provisions that ensure that GBV at the community level is not triggered by the Project, The contractor shall develop a specific plan for mitigating these known risks, e.g. sensitization around gender- equitable approaches to compensation and employment; etc ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xliv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The contractor will ensure adequate referral mechanisms are in place should a case of GBV at the community level is reported related to project implementation Construction Gender-based The contractor will implement provisions that ensure that Contractor 250,000.00 to cater for violence at gender-based violence at the community level is not triggered implementation of the SEA Resident Engineer community level. by the Project, including: action plan and Non- Sexual GBV & SEA Focal Discrimination Policy. effective and on-going community engagement and Exploitation and Person(s) consultation, particularly with women and girls; Abuse by project workers against review of specific project components that are known to themselves and heighten GBV risk at the community level, e.g. compensation the community schemes; employment schemes for women; etc. members Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation The works contractor should be required, under its contract, to prepare and enforce SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note. A Non-Discrimination Policy, in accordance with national law will be developed and enforced where applicable. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlv Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Gender Ensure equitable distribution of employment opportunities The contractor 160,000.00 to cater for empowerment between men and women temporary separate male The Supervising and female toilet facilities at Provide temporary toilets and bathrooms for both male and Engineer the contractor’s camp. female workers on site Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Supervising Initiative) to provide security within the site in addition to the Engineer Contractor’s own security. Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlvi Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact reports should include nature of the offense, location, date, time, and all other pertinent details. Construction Generation of Sorting of all wastes collected by the dustbins before MAWASCO 150,000.00 to cater for solid and liquid transporting to the relevant facilities. solid waste management Contractor waste such as colour coded bins Continuous removal of solid waste to prevent overloading of (red-hazardous, yellow- the drainage system to ensure its efficiency recyclable & green-organic); All transporters used should have a license from NEMA. as well as sealed collection drums for used oil disposal. Construction Loss of flora and Spare the vegetation that must not necessarily be removed Contractor 100,000.00 for restoration fauna/Biodiversi such as trees by demarcating working areas. of the eco-system within the Supervising ty within the project site. Re-plant the vegetation as much as possible once work is Engineer project site completed. County Officer- Minimize the amount of destruction caused by machinery by Water Energy and promoting non-mechanized methods of construction. Natural Resources Operation Generation of Sorting of all wastes collected in the dustbins before MAWASCO 50,000.00 to cater for the solid waste and transporting to the relevant facilities. capital of acquiring dustbins Contractor septic effluent to be used during the Continuous removal of solid waste to prevent overloading of operation period of the the drainage system to ensure its efficiency project. Other costs to be All waste transporters used should have a license from NEMA. included in the O&M Manual. Regularly monitor the quality of effluent discharged from the septic tanks against the EMCA effluent quality standards defined in the Environmental Management and Coordination (Waste Management) Regulations, 2006 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlvii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure proper drying of sludge by defining clear standard operation and test procedures to confirm that adequate drying has occurred prior to final disposal. Use of the dried cake as raw material in the value addition processing in the manufacture of briquettes Operation Air Quality Ensure strict guidelines are followed when loading the ponds MAWASCO No additional Cost to avoid unnecessary odour release. Constant monitoring of the behaviour of the sludge treatment facility to prevent oversupply of septic waste which may render the facility ineffective. Odours generated by the facility can be controlled by use of suppressants and regular cleaning of the discharge bay. Ensure regular availability of water within the facility to meet the discharge bay cleaning requirements Re-use of the dried cake for the manufacturing of briquettes will clear the dried-up sludge hence assist in improving air quality Planting of trees in the buffer zone of 30m to break wind and protect the surrounding environment from bad odours. Operation Health & Safety Ensure that all equipment is in good working conditions to MAWASCO No additional Cost risks prevent occupational hazards. Establish a Health and Safety Plan (HASP) for operation and maintenance work, identifying all risks, response actions and equipment including emergency response plan ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlviii Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Use of masks while working in the environment full of dust, chemicals and pathogens to avoid respiratory related sicknesses. Provide workers with appropriate personal protective equipment (PPE). At minimum: gloves, full-body suits, boots, glasses and personal floating devices when working near ponds. Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. Maintain records of safety and health incidents at the facility, including status of any associated follow-ups like treatment, compensation etc. Provide appropriate solid waste disposal facilities. Undertake regular medical surveillance among the operation and maintenance staff in line with the OSHA Medical Examination Rules Drinking, eating and smoking will be strictly prohibited within the treatment facility except in designated areas Maintain the facility to reduce risks of trip and slip Install and maintain waring signages around and within the facility Undertake independent Occupational safety and health audit at least annually as per OSHA 2007 ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts xlix Zamconsult Consulting Engineers Ltd. June 2021 The estimated cost for implementing the ablution ESMP during construction is Kes. 2,435,000.00 (Two Million, Four Hundred and Thirty-five thousand Kenya Shillings) per ablution site. In total, the 7 ablution sites for Malindi will require approximately Kes. 17,045,000.00 (Seventeen Million, Forty-Five Thousand Shillings). Further, for the Faecal Sludge Treatment Plant ESMP, Kes. 4,910,000.00 (Four Million, Nine Hundred and Ten Thousand Kenya Shillings) will be required and a total of Kes. 79,438,469.72 (Seventy-Nine Million, Four Hundred and Thirty-Eight Thousand, Four Hundred and Sixty-Nine and seventy-Two Cents) for RAP Implementation. Thus, the total cost for implementing the ESMP for the Malindi sanitation projects is Kes. 101,393,469.72 (One-Hundred and One Million, Three Ninety-Three Thousand, Four Hundred and Sixty-Nine and seventy-Two Cents). ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts l Institutional Framework for Implementation of the ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water & Will be an overall implementing agency. Sanitation and Central agency responsible for holding all information on the Irrigation (MOWSI) ESIA and RAP. Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ESIA and RAP. County Government of The relevant departmental officers within Kilifi County will be Kilifi called upon where necessary during Project implementation to provide the necessary permits and advisory services to the MAWASCO The RAP Implementation budget shall be funded by the County Government CWWDA Responsible for the major contractual issues arising in this safeguards contract. MAWASCO Responsible for contracting the works, supervising and managing the contractor under the project Responsible for day-to-day coordination and implementation of the project. Oversee the contractor’s work Seek approval from NLC for the acquisition of any parcels required for the sub-projects. Assist in the establishment of the SCRCC and LRCCs. Establish the SCRCC and LRCCs operations. Make funding request from MOWS for RAP implementation and compensation through NLC. Ensure the grievance committees are established and working. Monitor the ESMP implementation. Responsible for operation phase ESMP NEMA Review ESIA report and provide a NEMA license for the ESMP. Zamconsult Consulting Engineers Ltd. June 2021 Be part of the SCRCC and participate in the resolution of grievances. Escalate unsolvable grievances to the tribunal. Sub-County Ensure effective flow of information between the Contractor Resettlement and and public Compensation Coordinate Locational Resettlement and Compensation Committees (SCRCC) Committees (LRCCs), validate inventories of PAPs and affected assets; monitor the disbursement of compensation funds; guide and monitor the implementation of relocation Coordinate activities between the various organizations involved in relocation; facilitate grievance and conflict resolution; and provide support and assistance to vulnerable groups. Conducting extensive public awareness and consultations with the affected people so that they can air their concerns, interests and grievances. Resolve disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate formal grievance procedures laid out in this ESIA. Locational Conduct extensive public awareness and consultations. Resettlement and Help ensure that local concerns raised by PAPs and Compensation stakeholders as regards resettlement among others are Committee (LRCC) promptly addressed by relevant authorities. Resolve manageable disputes that may arise. If it is unable to resolve, help refer such grievances to the SCRCC. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included. KFS Provision of technical support in resettlement, including deforestation issues Contractor Responsible for overall implementation of the construction phase ESMP Liaise with the client in ensuring traffic is controlled and natural resources are preserved as much as possible. Shall organize public awareness programs and involve the public in the project implementation. ESIA Project Report – Malindi Sanitation Development Projects for WSDP Contracts lii Zamconsult Consulting Engineers Ltd. June 2021 1 INTRODUCTION PROJECT BACKGROUND The Government of Kenya (GoK) through the Ministry of Water & Sanitation and Irrigation (MOWSI) has received “credit” from International Development Association (IDA) to undertake the Wastewater Master Plan for Mombasa and Selected Towns within the Coast Region. The Government of Kenya, through its implementing agency, the Coast Water Works Development Agency (CWWDA) shall require the Consultant to render all technical support services regarding the Environmental and Social Impact Assessment as well as the Resettlement Action Plan for the above project. The Coast Water Works Development Agency (CWWDA) is a state corporation created under the Ministry of Water & Sanitation and Irrigation pursuant to the Water Act of 2016 and is one of the 8 Water Works Development Agencies in Kenya. The Coast Water Works Development Agency transited from the Coast Water Services Board (CWSB) on 3rd May 2019 through a gazette Notice No.28 of 26th April 2019. The former Coast Water Services Board was established through a Gazette Notice No. 1328 of 26th February 2004. The functions of the CWWDA are governed by:  Section 65 of The Water Act 2016  Legal Notice Number 27 of 26th April 2019 The Water Act 2016 gives CWWDA the power to:  Undertake development, maintenance and management of water works in the Coast Region  Operate water works and provide water services (until a time when these services are handed over to respective counties).  Provide technical services and capacity building to County Governments. The CWWDA covers an area of approximately 83,630Km2 which runs across 6 counties namely Mombasa, Kwale, Kilifi, Taita-Taveta, Lamu and Tana River. In each of these counties there is a Water Service Provider to oversee the supply of water and sewerage services to the residents. These are Mombasa Water Supply and Sanitation Company (MOWASSCO), Kwale Water & Sewerage Company (KWAWASCO), Kilifi-Mariakani Water & Sewerage Company (KIMAWASCO), Malindi Water & Sewerage Company (MAWASCO), Taita-Voi Water & Sewerage Company (TAVEVO), Lamu Water & Sewerage Company (LAWASCO) and Tana Water & Sewerage Company (TAWASCO). The estimated population in the area of jurisdiction is 4.4 million with a total population of approximately 55% (2.4Million) served with piped water. The current water demand in the region is approximated at 329,306m3/day against a production of 180,000m3/day. The main goal of the Master Plan is to identify a sound and rational strategy for the development of sewerage services in Mombasa and selected Towns within the Coast Region over the next twenty-five (25) years i.e., up to Year 2040, to improve the quality ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 1 Zamconsult Consulting Engineers Ltd. June 2021 of effluent to rivers, Indian Ocean and groundwater and to safeguard the health of the residents. The key objective of the proposed Malindi Wastewater Master Plan is to come up with a phased investment programme for Immediate / Short Term Plan (2015 – 2020), Medium Term Plan (2021 – 2025), Long Term Plan (2026 – 2040) and recommend a treated effluent disposal/reuse strategy for the effluent in Malindi Town. The broad scope of the work is to carry out Environment and Social Impact Assessment, Resettlement Action Plan of the proposed Malindi Sanitation Subprojects (7No. Ablution Blocks and the 1No. Sludge Management Facility) based on the Government of Kenya regulations and the World Bank Safeguards Operational policies, an assessment of positive and negative impacts of the sub projects and prepare Environmental and Social Management Plan (ESMP) for this subproject. This is the Environmental and Social Impact Assessment report for the proposed projects. The pre-project conditions are as shown below: Table 1-1: Pre-project conditions of the proposed project sites. Project Site Pre-project Conditions Gongoni This proposed site is located at Gongoni Area (adjacent to the B8-Malindi to Trading Center Tana River Highway), next to the new Gongoni market currently under Ablution site construction. This is a high catchment area with both traders and customers constantly in the visibility of the site. Also, the neighbourhood is densely (Gongoni Sub- populated hence can also serve the needs of those lacking such a facility. In Location) addition, the area is located next to a Muslim cemetery, which also demands the need for such a facility. While there is a small public toilet under the ministry of trade at the entrance to the site, the facility is inadequate to cater for the needs of the area, and in poor condition owing to poor management. Kibokoni Area This site is located in a public parcel of land within Kibokoni area, set aside Ablution site for construction of a modern market within the current financial year. There (Sabaki Sub is adequate land for both facilities hence the market being a high catchment Location) area warrants the need for such a facility. Cleopatra – The Cleopatra ablution site is located within the Cleopatra Public Stadium in Karisa Maitha Malindi Township. The site is frequently used for many public functions, Playing Ground various football matches, in addition to having many traders traversing the site site day-in-day-out. As such, the high catchment comes from customers, (Malindi Town passers-by, traders and congregants of any function. Sub-Location) Omar Project – This is a high catchment site since it is next to the beach hence expected to Malindi Water serve both local and international tourists visiting the beaches as well as the Front Ablution Vasco Da Gama Pillar which is not so far away from the site location. In Block Site addition, there are several hawkers, and boat builders who lack an elaborate (Malindi Town toilet facility to use during the working hours. Sub-Location) Malindi This site is located next to the Malindi Sub County Mortuary with frequent General visits by the bereaved families. The Mortuary serves Malindi and Magarini Hospital Sub Counties hence a large population. Opposite the site, there exists a Ablution Site number of commercial activities as shops, business huts, Boda boda ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 2 Zamconsult Consulting Engineers Ltd. June 2021 (Malindi Town operators who will also constitute the users. Also, the constant presence of Sub-Location) members of the public at the exterior of Malindi general hospital implies that the area is a waiting bay for those looking forward to visiting or escorting their loved ones to the hospital. Takaye This ablution site is located within Muyeye and under Malindi Township. The Ablution Site proposed land is part of land being used as a public football field, and (Malindi Town adjacent to residential area as well as the Takaye Social Hall. The hall is Sub-Location) frequently used for various public functions hence the need for the project at this area. Furthermore, there was evidence of open defecation in this area underlining the need for the facility. Muyeye Health This site lies within Muyeye Health Centre where there’s enough clear space Centre and a proposed access to the road that is independent of the access to the Ablution site health centre. The site captures passers-by and many boda boda riders (Malindi Town within the area. While the land belongs to the county government of Kilifi, the Sub-Location) hospital administrators have been involved and support the project. Sabaki Feacal The proposed sludge treatment facility will be located next to the Sabaki Sludge Bridge (along the Malindi to Mambrui B8 road) in a public land-parcel Treatment belonging to the County Government of Kilifi. This is a part of the 30-acre Plant parcel of land set aside by the county government, within the bigger M 13A/1 (Sabaki Sub- land for sewerage services in Malindi. The specific area of interest for this location) project is approximately 22.6acres. This area was selected at a higher ground after considering that the area is adjacent to the Sabaki River’s point of entry to the Indian Ocean has a high-water table. The project will also entail construction of a value addition component whereas the treated sludge shall then be used as raw material for the production of industrial briquettes. This will serve as an alternative source of cooking fuel especially for the heavy users as industries as well as the best way of disposing off the treated sludge. The additional component will be constructed alongside the sludge treatment plant within the same piece of land. A Social screening for the entire 30acres parcel of land was conducted and identified 49 potential PAPs who are expected to lose structures and livelihoods. Detailed information is presented in a separate RAP report. The strategic importance of this sanitation project lies in the need for overall improved sanitation in the ballooning population of the urban areas such as Malindi Town, Sabaki, and Gongoni Centres and their outskirts. It also seeks to address the increasing demand for charcoal which mainly exerts pressure on our endangered forest ecosystem through provision of an alternative cooking fuel. There is a significant rise in the rural – urban migration with most areas identified for the study being public areas where a myriad of activities are constantly being carried out. The main beneficiaries will be: -  The general public attending public functions at some of the mentioned locations.  Traders and customers who come from various areas  Commuters and bus/matatu operators near bus bays.  The immediate community including institutions, commercial entities benefiting from the faecal sludge end products i.e briquettes etc ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 3 Zamconsult Consulting Engineers Ltd. June 2021  The local community who may be involved in the implementation, operation and maintenance of the project.  Local suppliers for construction materials In compliance with the Environmental Management and Coordination Act, the Consultant carried out the Environmental Impact Assessment of the Proposed Project Works in order to develop an ESIA Project Report for submission to NEMA. NEMA would thereafter issue a license in order for the works to proceed. NEED FOR THE PROJECT The project objective is to improve the public sanitation infrastructure within Malindi Town. The Town and its associated centres are growing in terms of population and the economy meaning the increasing population has a direct effect on the sanitation facility requirements in the area. Being a tourist destination, there is also a notable number of both local and international tourists visiting the areas implying the need of wastewater facilities to serve the locals and non-locals. In addition, the project seeks to alleviate the current burden imposed on trees through the production of charcoal and firewood. Instead, it will utilize the treated sludge in the production of briquettes and other by products which will serve as alternative source of cooking energy at home, in industries as well as institutions. The situation on the ground is characterized by the presence of small/inadequate and/or poorly managed public facilities or the lack of such facilities altogether. In addition, there are no sludge drying beds nor any value addition component on the faecal by products within Malindi hence the county government already has master plan for the implementation of a complete sewerage system including a treatment plant. Thus, at the minimum, the ablution blocks wastewater will be transferred to the proposed Sabaki sludge treatment facility for treatment as well as production of by products for other uses. All the sanitation projects will be implemented concurrently under the WSDP. The implementation of the project will also contribute to the improved performance of the economic sectors, creation of employment opportunities to the locals as well as the delivery of social services in the project environs. THE TERMS OF REFERENCE The TOR requires that an ESIA Study of proposed ablution block and sludge treatment facility and the value addition subprojects. The ESIA study will therefore be a study of potential environmental impacts of the project. An Environmental and Social Management Plan (ESMP) with comprehensive mitigation measures and environmental monitoring plan will be drawn and the proponent advised accordingly. The analysis includes, but not limited to the following:  Evaluation on the project impacts on flora, fauna, soils, air, water and identification of other impacts likely to be generated by the proposed project ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 4 Zamconsult Consulting Engineers Ltd. June 2021  A description of actions taking place during the main phases of the project (construction, operation, and maintenance) which could lead to environmental damage;  Identification of the potential impacts of the ablution blocks, sludge treatment facility and the waste to value plant relative to surrounding land use as well as the people living or operating in areas associated with the project.  Preparation of an action plan for the repair of the damage done and for the prevention of any negative effects resulting from the proposed project.  Formulation of a plan to prevent anticipated undesirable impacts from being actualized.  Evaluation of the relationship of the proposed project to existing policies, legislation and institutional framework; ESIA OBJECTIVES The overall objective of the ESIA is to ensure that all environmental consequences due to the construction and operation of the proposed subproject are adequately mitigated. The specific objectives of the assignment are: i. To screen the subprojects for potential environmental and socio-economic impacts. ii. To provide baseline information about the environmental, social, economic and cultural conditions in the project area; iii. To identify, analyse and evaluate the type and extent of likely potential environmental and social impacts with emphasis on significance, magnitude and distribution of beneficial/adverse effects of the planned subprojects on the existing biophysical, socio-economic and cultural components, and assess the capacity of the institutions responsible for management of these impacts; iv. To develop an Environmental and Social Management Plan (ESMP). The ESMP shall outline environmental management and social mitigation/ enhancement measures to adopt during pre and post implementation of the subprojects, consultation mechanisms and institutional strengthening measures to prevent, minimize, mitigate or compensate for adverse environmental and social impacts and to enhance beneficial impacts, costs of the measures and monitoring requirements. Generally, ESIA also aims to ensure that development projects are implemented in a sustainable manner. Sustainable development is increasingly becoming a common synonym to environmental management in infrastructure development. It refers to a pattern of resource use that is aimed at meeting present day human needs while preserving the environment so that these needs can be met in future generations. Sustainable development ties together concern for the carrying capacity of natural systems with the social challenges facing humanity. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 5 Zamconsult Consulting Engineers Ltd. June 2021 METHODOLOGY The ESIA was undertaken at a level that was considered to be commensurate with the scale, complexity and sensitivity of the project. The key stages in the process included proposal definition, screening which included key informant & household consultations, impact assessment, mitigation, review, decision-making and monitoring, as part of the preparation of this project report. For this ESIA to be good, recommendations have been integrated into the project development process. This should not be seen as a barrier to development or as an unnecessary cost. As well as being a stepping-stone to consent from environmental regulators and financial backers, it is a management tool for use during project planning and execution and will help avoid unnecessary impacts, delays and unexpected costs. The consultant used a holistic approach to obtain the necessary baseline data and information on the below-listed aspects of the ESIA. An in-depth desk study that took approximately one month prior to movement to site, comprehensive field observation, and wide consultation with stakeholders, key informant interviews and structured socio- economic interviews were carried out so as to obtain the requisite data and information on the following themes:  Human Environment including; Socio-economic, Socio-cultural and Socio-legal  Natural Environment including; Flora, Fauna, Soil, Water, Air, Climate and Landscape  Built environment including; Material Assets, Historical /Archaeological Sites and Monuments and  Aesthetic Environment The consultant used the available information to derive or predict or assess impacts and classify them under human, natural and built environment at pre-construction/planning stage, Construction Stage and Operation stage of each project sub-component. Any negative impact was widely assessed and the most suitable mitigation measure apportioned as a solution to the problem. Positive impacts were noted as such and further reinforced by statements of actions that enhance their productivity and sustainability in the development process during and after the implementation of the project. ESIA was done for all the stages of the project including planning, construction, and operation and decommissioning. The review of this ESIA is undertaken during the era of the Coronavirus disease (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before and after the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures were introduced to prevent the spread of the pandemic during the pre-construction and construction periods. Moreover, consultations are still required as part of the mitigation measures, such as during RAP implementation and training on E&S issues, also pose a risk of infection to communities. The risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures put in place that ensures national government’s ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 6 Zamconsult Consulting Engineers Ltd. June 2021 requirements on social distancing and recommendations on how to minimize contact are adhered to. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 7 Zamconsult Consulting Engineers Ltd. June 2021 2 PROPOSED PROJECT DESCRIPTION PROJECT AREA DESCRIPTION Location and Administration Malindi Town lies within Kilifi County, in the South-Eastern part of Kenya along the Indian Ocean. It lies approximately 120 km northeast of Mombasa, at the mouth of Sabaki River and between Longitudes 39° and 40° 14' East and Latitudes 2° 20' and 4° 0’ South of the Equator. The average altitude in Malindi is 10m above sea level. Administratively, Malindi Town falls under the jurisdiction of Malindi Sub-County of Kilifi County, formerly known as Malindi District. Malindi Sub-County covers an area of 627 km2 and borders the following Sub-Counties of Kilifi County: Magarini Sub-County to the North, Ganze Sub-County to the West and Kilifi North Sub-County to the South. Malindi Town has a high population compared to adjacent peri-urban and rural areas because of improved infrastructure and availability of employment opportunities. The water supply system in Malindi is managed by the Malindi Water and Sewerage Company Ltd. (MAWASCO). Study Area The Study Area for the Master Plan has been demarcated in consideration of the location of Malindi Town, projected land use plans for years 2025 and 2040 for the town, nature of development and population densities in the sub-County. The Study Area for Malindi Wastewater Master Plan is limited to Malindi Town. The Area comprises of five sub-locations and covers approximately 23% of the Malindi Sub-county. The current (year 2016) population of the study area is approximately 51,000 (Malindi Final Wastewater Masterplan, Mangat). The sub-locations forming Malindi Town and total coverage areas as well as the Study Area is given in the table below; Table 2-1: Sub-locations and Study Area Coverage in the Study Area Sub-locations Total Area km²) (km²) Malindi Town/Shella 16.2 8.63 Kijiwetanga 19.7 1.51 Barani 11.9 3.08 Central 9.4 1.72 Sabaki 36.9 6.54 Total 94.1 21.48 Gongoni sub-location is within Magarini constituency hence not included in the final masterplan study. However, MAWASCO has considered the area for the construction of 1no public ablution block on a public land situated besides the Gongoni Market. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 8 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2.1 shows the Study Area of the Wastewater Master Plan for Malindi Town. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 9 Zamconsult Consulting Engineers Ltd. June 2021 IMMEDIATE MEASURES FOR THE IMPROVEMENT OF SANITATION SYSTEMS The Final Wastewater Master Plan for Malindi Town prepared by (Coast Water Works) Mangat Consultants, describes the development strategy for the long-term water-borne sanitation system comprising of a wastewater collection / conveyance system and the treatment / proper disposal of the treated effluents. However, this long-term sanitation strategy is not planned for immediate implementation. Further, Malindi lacks a proper wastewater disposal point. So many private facility owners, homeowners and businesspeople have septic tank facilities, but end up disposing their raw waste into the natural environment hence affecting both terrestrial and marine life. The intention of the proposed faecal sludge treatment plant is to cater for the disposal of waste from the proposed ablution block projects in Malindi and Gongoni, which are all within the overall scope of the WSDP project. In addition, due to the lack of such a facility to be used by the residents of Malindi, this plant will also receive and treat all faecal wastes generated in Malindi and its environs and use its dried cake in the production of industrial briquettes. In consideration of the current sanitation systems and the growing sanitation needs, an immediate intervention is urgently required. Thus, Immediate Sanitation Measures have been proposed for development. These measures include construction of Ablution Blocks in selected Public Places and a Sludge Treatment Plant with a waste to value component as described in the following sub-sections. The details of all the facilities including area coordinates and available land ownership documents are attached in the Appendix D. However, the summary of documents presented to the consultant include approved ablution Block sites PDPs for Gongoni Market, Malindi Level four/General Hospital Site, Cleopatra-Stadium/Karisa Maitha Playing Ground, Muyeye Health Centre and Omar project Site- Malindi Water Front. PDPs for the remaining two (2) sites i.e Kibokoni and Takaye are still undergoing processing. However, copies of the draft development plans for the respective sites including approval letters for land allocation from the Director of Physical Planning are attached as an appendix. The proposed site for the construction of the Feacal Sludge Treatment Plant at Sabaki was approved and a gazzette notice issued for the same. The implementation of the project will also contribute to the improved performance of the economic sectors and the delivery of social services in the project environs as well as reduce the already existing pressure on our forests by provision of alternative and safe cooking fuel. Ablution Block Design Considering the population densities and the number of public utilities, a total of seven (7) Ablution Blocks is proposed for construction in Malindi. Each Ablution Block comprises of six (6) toilets and two (2) Shower Rooms with equal number for each gender i.e., Ladies and Gents. The allocated number of toilets in each Ablution Block ensures ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 10 Zamconsult Consulting Engineers Ltd. June 2021 provision of sufficient service levels for the target population. It is estimated that on average, a user spends 5 minutes in the facility. Thus, for a single facility with 6 toilets and 10 hours of operation in a day, a maximum number of 720 persons can be served in a day. Each section (ladies and gents) is provided with a toilet fitted with special amenities for use by disabled persons. The “Gents” are provided with separate urinals to increase the service levels especially during the peak hours. The shower rooms are equipped with a dressing area and hand-wash basins. In addition, a spacious common area with hand-wash basins, hand driers and wall mounted mirrors is provided. Each of the shower units is fitted with coat hangers behind the doors for convenience. To enhance natural lighting within the facility, transparent polycarbonate roofing material have been incorporated in the design. Proper ventilation is ensured by the louvered windows and gap between the ring beam and the roof. The gap is fitted with louver blocks and plastic-coated coffee tray wires to prevent insect entry. A septic tank with a holding capacity of 16 m3 is provided at the facility for storage and partial treatment of sewage. The septic tank will require desludging after every 3 months with septage disposal at the proposed Sludge Treatment Facility, to be implemented as part of the immediate sanitation intervention. In addition, a 5,000-litre water tank mounted on a 3.5m high reinforced concrete tower within the facility provides a 3-day storage of potable water. Other services provided at the site include; electricity for use at night and for security lighting, controlled access through 4m wide metallic gate and boundary chain-link fence where applicable. Permission to use the facility is to be on a pay-per-use basis. This is an effective model used in many parts of the country to raise money required for operation and maintenance. A personnel office complete with a shop for essential commodities and a storage room shall be provided at the entrance of the facility with grilled opening for ease of payment before use. A typical Site Layout, Plan and Elevations of the proposed Ablution Block are given in the figures below respectively. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 11 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-1: Typical Site Layout Plan for an Ablution Block ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 12 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-2: Typical Plan, Views and Sections of an Ablution Block ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 13 Zamconsult Consulting Engineers Ltd. June 2021 Location of the Ablution Blocks Malindi does not have a proper sewerage management system. In addition, there is a gap in the adequacy of the public sanitation facilities especially within the high population catchment areas such as market places, bus stops, and many other public utility centres. This leads to most traders and commuters who move from distant places to town/ passing-by the town centres getting stranded when in need of sanitation facilities. There are some areas with public toilets that fail to meet the requirements of the operation and maintenance as well as catering for the pattern of congestion such as during market days or important public functions. As such, those who are forced to utilize facilities that are not properly maintained risk attracting waterborne diseases and spreading it to those who interact with them. Such can be confirmed by the cases of cholera and other water- borne diseases, being reported in local clinics. The approximate size of the proposed ablution blocks is 23m by 15m as described above. The following is a brief description of the proposed project sites. 1) Gongoni Trading Centre Ablution Block Site This proposed site is located at Gongoni Area (adjacent to the B8-Malindi to Tana River Highway), next to the new Gongoni market currently under construction. This is a high catchment area with both traders and customers constantly in the visibility of the site. Also, the neighbourhood is densely populated hence can also serve the needs of those lacking such a facility. In addition, the area is located next to a Muslim cemetery, which also demands the need for such a facility. While there is a small public toilet under the ministry of trade at the entrance to the site, the facility is inadequate to cater for the needs of the area, and in poor condition owing to poor management. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. Figure 2-3: Land for the proposed Gongoni Ablution Block. White permanent fence separates the public area from the Muslim cemetery. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 1 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-4: Corrugated iron sheet hording to prevent unauthorised access to the market area under construction. 2) Kibokoni Area Ablution Block Site This site is located in a public parcel of land within Kibokoni area, set aside for construction of a modern market within the current financial year. There is adequate land for both facilities hence the market being a high catchment area warrants the need for such a facility. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. Figure 2-5: Existing abandoned market building which shall be replaced with the new market in addition to the ablution block. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 2 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-6: The vegetation on the land set aside for the ablution project in Kibokoni. 3) Cleopatra Site – Karisa Maitha Playground Ablution Block Site The Cleopatra ablution site is located within the Cleopatra Public Stadium in Malindi Township. The site is frequently used for many public functions, various football matches, in addition to having many traders traversing the site day-in-day-out. As such, the high catchment comes from customers, passers-by, traders and congregants of many functions. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. 4) Omar-Malindi Water Front Project Ablution Block Site This is a high catchment site since it is next to the beach hence prone to serve both local and international tourists visiting the beaches as well as the Vasco Da Gama Pillar which is not so far away from the site location. In addition, there are several hawkers, and boat builders who lack an elaborate toilet facility to use during the working hours. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 3 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-7: Project site for Omar Project Ablution Block Figure 2-8: Old boat at the proposed project site. 5) Malindi Level Four/General Hospital Site This site is located next to the Malindi Sub County Mortuary with frequent visits by the bereaved families. The Mortuary serves Malindi and Magarini Sub Counties hence a large population. Opposite the site, there exists a number of commercial activities as shops, business huts, Boda boda operators who will also constitute the users. Also, the constant presence of members of the public at the exterior of Malindi general hospital implies that the area is a waiting bay for those looking forward to visiting or escorting their loved ones to the hospital. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 4 Zamconsult Consulting Engineers Ltd. June 2021 6) Muyeye Health Centre This site lies within Muyeye Health Centre where there’s enough clear space and a proposed access to the road that is independent of the access to the health centre. The site captures passers-by and many boda boda riders within the area. While the land belongs to the county government of Kilifi, the hospital administrators have been involved and support the project. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. 7) Takaye Ablution Block Site This ablution site is located within Muyeye and under Malindi Township. The proposed land is part of land being used as a public football field, and adjacent to residential area as well as the Takaye Social Hall. The hall is frequently used for various public functions hence the need for the project at this area. Furthermore, there was evidence of open defecation in this area underlining the need for the facility. Social screening has been conducted and determined that no encroachers, squatters, temporary traders and human activity present, hence free of economic displacement. Figure 2-9: County surveyor marking the actual portion of land set aside for the ablution block. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 5 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-10: Neighbouring residential area adjacent to the project site. Figure 2-11: The public land overlooks Takaye Social Hall. The Faecal Sludge Treatment Plant Design A Sludge Treatment Facility is a small-scale treatment plant for the treatment and safe disposal of septage from on-plot sanitation systems such as septic tanks or pit latrines. Septage from the on-plot sanitation systems is conveyed to the facility via Exhaust Vacuum Tankers. With exception of the Screens, Sludge Treatment Facility relies on biological processes for the treatment of septage. This results to low capital investment requirement as well as Operations and Maintenance requirements (skills, complexity and labour costs), thus making it a suitable Immediate Sanitation Measure. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 6 Zamconsult Consulting Engineers Ltd. June 2021 The identified area was cited at an ideal location within an economical distance to the service area but outside the residential zones and other socio-environmentally sensitive areas Hence, making it suitable for siting a Sludge Treatment Facility. The proposed Feacal Sludge Treatment Plant will comprise of the following units; a. Inlet Works b. Equalization Tanks c. crew Press Mechanical Dewatering d. Anaerobic Waste stabilization pond e. Facultative Waste stabilization pond f. Maturation Waste stabilization pond g. Constructed Wetland h. Biosolids Solar drying Slab i. Storage j. Associated Site and Ancillary Works including Operators Office / Guard House A brief description of the constituent treatment units in the proposed Faecal Sludge Treatment Plant is given in the following sub-sections; Inlet Works The inlet works comprises of a flow equalization/attenuation chamber, a stainless-steel bar screen, and a grit basket. Screens and Grit Basket Faecal sludge may contain items thrown into the pit or septic tank through the toilet interface, such as old clothes, shoes, bottles, plastic carrier bags, maize cobs, menstrual hygiene products, together with gravel, stones, and even large rocks that had fallen from pit walls. Pit emptiers may separate the bulky items before transport to the FSTP but some objects are likely to remain in the FS delivered to the plant. Removal of large solids is essential since they would otherwise block pipes and destroy pumps if present. To prevent bulky material, such as solid wastes from entering the treatment plant and disturbing the treatment process, a screen shall be installed at the inlet of the plant. The screen has been sized to the maximum peak flow from a vacuum truck discharging. Sanitation technologies were found to have high volumes of solid wastes, which will form the screenings at the FSTP. The screens will be raked manually onto the perforated steel plates, where the screenings will be allowed to dewater. Screenings/solid wastes will be placed in a storage skip which shall then be collected by a NEMA licensed waste transporter to be safely disposed off at the designated dumping site located at Mayungu. The Error! Reference source not found. shows movement of faecal sludge towards the screens. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 7 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-12: schematic diagram of flow of FS to the screens Grit Basket Faecal sludge contains high concentrations of grit. This is from waste that is emptied from pit latrines or septic tanks with unlined or poorly constructed walls or floors. This high grit content will increase the rate at which sludge accumulates in tanks, ponds, pipes, and channels, and can also damage mechanical equipment, if not removed. After screening the liquid, FS will then be led to the grit basket to remove rapidly settleable inorganic particles such as sand and grit. The small amount of grit that is not removed by the grit basket will be removed by the mechanical dewatering screw press. This will avoid it moving further down the process flow where it could block the process or damage other mechanical equipment. Equalisation Tank Due to the fluctuating flows experienced at an FSTP, an equalisation tank is necessary to regulate the flows. The equalisation tank will ensure the mechanical dewatering plant has a consistent flow of sludge from the inlet works. The tank has been designed to have capacity exceeding the average daily expected volume of sludge of 93m3. This will provide sufficient storage to allow 5 to 15 trucks (depending on their size) to mix and be homogeneous, which will provide consistent feed for the mechanical dewatering and avoid shock loads to the liquid system. It will also provide some flexibility in operation at the end of the day and over weekends, as the mechanical dewatering will not need to run all the time that trucks are delivering. Many facilities around the world have similar septage holding volumes in their Equalisation tanks, and while some odour is unavoidable, it is not increased significantly by having a larger tank and the tanks provide good operational flexibility. Figure 2-13 indicates a diagrammatic representation of inlet works and equalisation tank technical drawing. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 8 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-13 Example inlet works and equalisation tank technical drawing Screw Press Mechanical Dewatering It is recommended that two presses be installed, one in operation and one on standby. The units are very reliable, as they are simple in their operation and only rotate at one revolution per minute. They have been proven in even poorly maintained developing country environments for long periods of time. It is also recommended that the presses be oversized at this stage, as it is relatively cheap to oversize the presses. This will enable future expansion. The sludge can be held in the equalisation tank whilst the screw presses are on standby until there is enough sludge to fully utilize the oversized presses. Figure 2-14 below shows the schematic diagram flow of faecal sludge to the mechanical dewatering screw press. Figure 2-14 Schematic diagram of flow of FS to mechanical dewatering ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 9 Zamconsult Consulting Engineers Ltd. June 2021 Table 2-2: Design Requirements for mechanical dewatering equipment Parameter Requirement per Screw Press 0.5% to 5% with an average over ten trucks of Sludge Feed Solids (%wt) 2.25% (which will be mixed in a tank prior to pumping to the screw presses) Two units each at 10m3/hour with a combined Sludge Flow Rate (m3/hr) total of 20m3/hr with both operating Minimum required solids concentration 0.5% Maximum Polymer Dosage (kg/dry tonne) 15 Minimum Discharge Cake Solids (%wt) 15 Minimum Solids Capture (%) 90 The units are planned to operate 9.3 hours per day Operation time maximum throughput to process 93 m3/day of sludge. If one unit fails, the other unit can operate for 24 Redundant capacity hours and process 240m3/day until the first unit is repaired. A water tank to be installed with minimum 15m3 capacity. It is to be located adjacent to the mechanical Wash water supply source dewatering structures. A submersible pump is also to be installed. Polymer solution makeup concentration 0.5% This will be provided from the water tank installed for Polymer makeup water source the wash water supply. Anaerobic Waste Stabilization Pond The Waste Stabilization Ponds (WSPs) system is the core of the water treatment, and it is part of the water line. The anaerobic pond is the first WSP and its function is to significantly reduce the organic load through anaerobic processes. It can treat strong wastewaters. The pond is usually 2-5 meter deep (Mara, D, 2004 to allow anaerobic conditions to develop in the pond bottom. The oxygen is unable to reach such depth, so anaerobic bacteria grow up. A supernatant with scum at the top is usual while the sludge settles to the bottom of pond. The typical hydraulic retention time is of 1-7 days, but longer retention time can improve pond efficiency in case of strong wastewaters. Anaerobic ponds can remove more than 90% of BOD with 15-25 days retention time and they produce limited odour when loaded with 250–350 g BOD5/m3/day. The bacteria decrease can be estimated on 90%. The sludge at the bottom of the pond should be removed between 2-5 years interval. For a complete process, the anaerobic pond is followed by the facultative pond and maturation pond. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 10 Zamconsult Consulting Engineers Ltd. June 2021 Following criteria have been considered to design the anaerobic pond:  Hydraulic retention time = 1 to 25 d  Dependence of COD and BOD removal on HRT  Additional efficiency factors related to temperature and number of ponds varying  Odourless limit of organic load calculated based on temperature,  Desludging interval = 2 to 5 years, or when sludge accumulation reaches 30-50% of pond volume  Sludge accumulation depending on desludging interval and BOD removal,  Evaporation from ponds has been neglected in the mass balances  Pond depth = 2.0 to 5.0 m  Length-to-width ratio = 2:1 – 3:1. To prevent short-circuiting and optimal retention time (otherwise use of baffles can help to avoid short-circuiting)  Side slopes: 1:2  Embarkment protective lining: concrete lining  Pond shape: trapezoidal cross section, and rectangular plan  Minimum freeboard = 0.5 m  Operational continuity: the normal configuration of two or more ponds operating in parallel allows one pond to be decommissioned and dewatered so that it can be desludged According to design criteria, input and output flows of the anaerobic pond have been characterized, as presented in Table 2-3 below. Output concentrations depend on removal efficiencies of the pond. Table 2-3: Malindi FSTP anaerobic pond flows Description Units Flow IN Flow OUT (water line) Daily flow m3/d 25 25 BOD5 concentration mg/l 2125 637 COD concentration mg/l 15000 900 TSS concentration mg/l 3375 1518 BOD5 removal rate % - 70% COD removal rate % - 94% TSS removal rate % - 55% The anaerobic pond receives effluent from liquid/solid separator and leachate from drying beds. Due to the strong characteristics of the FS to be treated, a very long retention time has been set, in order to achieve high organic matter removal rates. In this way, with a hydraulic retention time of 20 days, BOD5 and COD removal rates of more than 90% can be obtained. This choice has been guided by the optimization iterative process of the different treatment units in order to reach overall good treatment performances, reducing dimensions of the treatment unit as much as possible. Two anaerobic ponds measuring 24.4m x 21.2 m x 4m m depth have been provided. The BOD5 removal rate is around 55%, having an expected BOD5 concentration in the effluent of about 205 mg/l. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 11 Zamconsult Consulting Engineers Ltd. June 2021 A concrete liner has been allowed for on the slopes and bottoms of the pond to prevent seepage of the leachate and contamination of the in-situ soil and underground water. The characteristics of the anaerobic pond are given in Table 2-4 below. Table 2-4: Malindi FSTP anaerobic pond characteristics Parameter Description Units Value No. of ponds Nr 2 Flow m3/d 25 Hydraulic retention time days 6 Desludging interval years 4.5 Accumulated sludge volume m3 25.30 Temperature 0C 25 Organic load on total volume g BOD5/m3/d 169 Volume of the ponds m3 152 Ponds depth m 4.00 Total ponds area m2 1034.60 Pond width (each) m 21.20 Pond length m 24.40 BOD5 removal rate % 70 COD removal rate % 94 Diameter of PVC pipe to facultative pond mm 250 Figure 2-15 shows the schematic diagram of the faecal sludge flow to the anaerobic pond. Figure 2-15: Schematic diagram of the faecal sludge flow to the anaerobic pond. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 12 Zamconsult Consulting Engineers Ltd. June 2021 Facultative Waste Stabilization Pond The facultative pond is part of the water line and is the second WSP. It receives effluent from the anaerobic pond and its function is to further reduce the organic load and the faecal coliforms through both anaerobic and aerobic processes. It is shallower than the anaerobic ponds in order to have a higher portion of the volume where oxygen can easily diffuse from the surface. The typical hydraulic retention time is of 5-30 days, and maximum surface load is dependent on temperature. With the same surface area, a greater number of pools allows for greater removal efficiency. For a complete process, the facultative pond is followed by the maturation pond. The following criteria have been considered to design the facultative pond:  Hydraulic retention time = 5 to 30 d  Dependence of HRT on COD and BOD removal requirements and on temperature  Efficiency increases related to number of ponds = 10% for 2 ponds, 4% for the third pond, 2% for the fourth pond or more  Maximum surface organic load calculated based on temperature  Desludging interval = 2 to 20 years, or when sludge accumulation reaches 20-25% of pond volume  Sludge accumulation depending on desludging interval and BOD removal,  Evaporation from ponds has been neglected in the mass balances  Pond depth = 1.0 to 2.5 m  Length-to-width ratio = 2:1 – 3:1. To prevent short-circuiting and optimal retention time (otherwise use of baffles can help to avoid short-circuiting)  Side slopes: 1:3  Embarkment protective lining: Geotextile  Pond shape: trapezoidal cross section, and rectangular plan  Minimum freeboard = 0.5 m According to design criteria, input and output flows of the facultative pond have been characterized, as presented in Table 2-5. Output concentrations depend on required value of BOD5, defined to optimize the combination of treatment units and reduce the required surface area as much as possible. Table 2-5: Malindi FSTP facultative pond flows Description Units Flow IN Flow OUT (water line) Daily flow m3/d 25 25 BOD5 concentration mg/l 637.5 191.25 COD concentration mg/l 900 144 TSS concentration mg/l 1518 303.6 BOD5 removal rate % - 70% COD removal rate % - 84% TSS removal rate % - 80% ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 13 Zamconsult Consulting Engineers Ltd. June 2021 Two facultative ponds for a total surface area of around 1948 m2 and with 2 m depth have been provided. The BOD5 removal rate is around 70%, having an expected BOD5 concentration in the effluent set at 191 mg/l. The choice of required concentration in the effluent has been guided by the optimization iterative process of the different treatment units in order to reach overall good treatment performances, reducing dimensions of the treatment unit as much as possible. Geotextile pond liner has been allowed for on the slopes and bottoms of the pond to prevent seepage of the leachate and contamination of the in-situ soil and underground water. The characteristics of the facultative pond are given in Table 2-6. Table 2-6: Malindi FSTP facultative pond characteristics Description Units Parameter Value No. of ponds Nr 2 Flow m3/d 93 Hydraulic retention time days 18 Desludging interval months 242 Accumulated sludge volume m3 847 Organic surface load g BOD5/m2/d 14.7 Volume of the ponds m3 1,694 Ponds depth m 2.00 Total ponds area m2 4160 Pond width (each) m 31.80 Pond length m 65.40 BOD5 removal rate % 70 COD removal rate % 80 Diameter of PVC pipe to maturation pond mm 250 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 14 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2.16 shows the schematic diagram of the faecal sludge flow to the facultative pond. Figure 2-16: Schematic diagram of the faecal sludge flow to the facultative pond. Maturation Waste Stabilization Pond The maturation pond is part of the water line and is the third WSP. It receives effluent from the facultative pond and its function is to polish the effluent, with complete removal of pathogens. The pond is shallow and effluent arriving is very clear; thus, sunlight can easily penetrate the water, achieving pathogen removal. The typical hydraulic retention time is of 5 days. The following criteria have been considered to design the maturation pond:  Hydraulic retention time = 5 d  Pond depth = 0.5 to 1.5 m  Side slopes: 1:3  Embarkment protective lining: geotextile  Pond shape: trapezoidal cross section, and rectangular plan  Minimum freeboard = 0.5 m Two maturation ponds for a total surface area of around 898 m 2 and with 1.2 m depth have been provided. Geotextile lining has been allowed for on the slopes and bottoms of the pond to prevent seepage of the leachate and contamination of the in-situ soil and underground water. The characteristics of the maturation pond are given in Table 2-7. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 15 Zamconsult Consulting Engineers Ltd. June 2021 Table 2-7: Malindi FSTP maturation pond characteristics Description Units Parameter Value No. of ponds Nr 2 Flow m3/d 93 Hydraulic retention time days 5 Volume of the ponds m3 930 Pond depth m 1.20 Total ponds area m2 1918 Pond width (each) m 21.60 Pond length m 44.40 Diameter of PVC pipe to wetland mm 250 Figure 2-177 shows the schematic diagram of the faecal sludge flow to the maturation pond. Figure 2-17: schematic diagram of the faecal sludge flow to the maturation ponds. Connections The interconnections between the various ponds shall be with DN 150 uPVC pipes fitted with sluice valves. The sluice valves shall be of the socket ended type to fit uPVC spigots. Constructed Wetland The constructed wetland is part of the water line and it is an artificially created planted land that is saturated with water, either permanently or seasonally, for wastewater treatment. The filling material of the constructed wetland consists of layers of stone/gravel of different size so that to have a sort of natural filter. The very bottom is ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 16 Zamconsult Consulting Engineers Ltd. June 2021 finally lined with layer of compacted clay. As stated in the International References, the plants to be used on filters are normally Pyramidalis, Typha or Phragmites echinochloa. However, local plants, i.e., Cyperus papyrus, that grow naturally and develop on the banks of local rivers can also be tested to assess their water purification capacity. Wetland requires little maintenance and the plants used can be harvested for commercial purposes. Constructed wetlands receive effluent from the maturation pond and their function is to further reduce organic load and remove nutrients from the water effluent before discharge into the environment. Two horizonal constructed wetlands with subsurface flow, with a total surface area of about 528 m2 and 0.60 m depth at inlet point, has been selected. The BOD5 removal rate is around 75%, having an expected BOD5 concentration in the effluent of about 26 mg/l, while COD removal rate is expected to be around 50%, with an effluent COD concentration of 47 mg/l. The concentration levels of BOD5 and COD in the effluent meet the Environmental standards for effluent release into the environment, which are 30 mg/l and 50 mh/l respectively, as per the Water Quality Regulations. Accordingly, the FS treatment plant has been designed to meet the environmental discharge standards of NEMA, which are as follows: Parameter Threshold for discharge into the environment as per Water Quality regulations, 2006 BOD5 (mg/l) 30mg/l COD (mg/l) 50mg/l Suspended Solids 30 mg/l Total nitrogen 100 mg/l E. coli nil/100 ml A geotextile liner has been allowed for on the slopes and bottoms of the wetland to prevent seepage of the leachate and contamination of the in-situ soil and underground water. Perforated pipes at inlet and outlet are used. Outlet pipes collect flow to a soak pit for water infiltration into the soil. The characteristics of the constructed wetland are given in Table 2-8. Table 2-8: Malindi FSTP constructed wetland characteristics Parameter Description Units Value No. of wetlands Nr 2 Flow m3/d 93 Hydraulic conductivity m/d 500 Pore space % 40 Hydraulic retention time (in pore space) days 2.6 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 17 Zamconsult Consulting Engineers Ltd. June 2021 Parameter Description Units Value Bottom slope % 1 Volume of the wetland m3 317 Wetland depth (at inlet point) m 0.60 Wetland area m2 528 Wetland width (each) m 12.00 Wetland length m 20.00 BOD5 removal rate % 75 COD removal rate % 50 Diameter of PVC pipe to discharge mm 250 Figure 2-18 shows the schematic diagram of the faecal sludge flow to the constructed wetlands. Figure 2-18: Schematic diagram of the faecal sludge flow to the constructed wetlands. Biosolids Solar Drying Slab The design parameters for the biosolids solar drying can be seen in Error! Reference source not found. below. An example engineering drawing of the solar drying slab as represented in figures 2-19 and 2-20 on page 19 and 20. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 18 Zamconsult Consulting Engineers Ltd. June 2021 Table 2-9: Design parameters of the biosolid solar drying slab Description Parameter Unit Value Biosolids quantity 2.37 tonnes DS/day 1 Initial dry solids content from mechanical dewatering 20% % DS No. of days for solar drying 8 days Height of biosolids 0.15 m Solids in 1m3 at initial DS content 200 kg solids/m3 Total surface area req. 630 m2 Moisture content after drying 30% % Length 30 m Width 32 m Footpaths 1 m Number footpaths length 3 Number footpaths width 5 m Total length 33 m Total width 37 m Figure 2-19: Side elevation of example biosolids solar drying slab 1 Total solids into the FSTP is 93m3/day * 3kg/m3 = 2.790 t/day. 85% of solids is assumed to be captured in the mechanical dewatering to leave 2.37 t/day. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 19 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-20 Plan elevation of example biosolids solar drying slab Design of Briquetting process Works The following design is based on the requirement of producing around 1000 tonnes of briquettes per month. Although the plant is designed to have capacity to produce around 1200 tonnes per month to allow for stoppages. 1000 tonnes to be produced per month, around 1500 tonnes of biomass would be needed. For the purposes of this design, it is assumed sawdust would be the biomass, as this is preferred. However, this design is adaptable to be used with any other forms of the locally available biomass. The full list of output requirements for the briquetting process can be seen in Table 2-10 below. Table 2-10: Output requirements for the briquetting process Description Parameter Unit Value Desired briquette production 1,000 t / month Solid content (of finished product) 88 % DS Days producing 6 / week Days producing 312 / year Days producing 26 / month average Briquette production requirement 38 wet t / d Biomass required for drier 6.53 wet t / d Total briquettes required for throughput 45 t/d ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 20 Zamconsult Consulting Engineers Ltd. June 2021 Biomass Reception, storage & solar drying The parameters for designing the required area of storage / solar drying slab at the receiving end of the biomass suppliers can be seen in Table 2-11. Table 2-11: Output Design parameters for biomass storage and solar drying Description Parameter Unit Value Total solids mass required for superlogs 39.6 tonne DS/day of dry solids Tonne/day of sludge 2.4 tonne DS/day of dry solids Tonne/day of saw dust solids mass 37.2 tonne DS/day of saw dust required required Sawdust Wet Mass Delivery Required 74.3 tonne WS/day of saw dust required Dry solids content of received sawdust 50% % DS No. of days to store 5 days Sawdust Density (Wet) 300 kg/m3 Total Volume Req. 1,300 m3 Height of Storage 1.2 m average Total Surface Area Req. 1,080 m2 Biomass Drying Width 24 m Biomass Drying Length 55 m Total Biomass Area 1320 m2 The walking floor, sieve, and magnetic metal removal have been designed for a throughput of at least 3t/h. This is over the required 2.3t/h to reach 1200t/month to allow for down time in production. The walking floor accepts sludge from the biosolids drying area, as well as biomass from the biomass storage and biomass drying slab. The walking floor acts as a conveyor and a mixer for the biomass and sludge. The process flow for the biomass reception, storage and solar drying can be seen in Error! Reference source not found.. Figure 2-21 Process flow for biomass reception ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 21 Zamconsult Consulting Engineers Ltd. June 2021 Example drawings for biomass reception, storage and solar drying can be seen in Figure 2-2222 and Figure 2-233. Figure 2-22 Side and isometric elevation of example biomass reception structures Figure 2-23 Plan elevation of example biomass reception structures Thermal Drying Thermal drying is the process of using a heat source to remove moisture from a material. In this context, thermal drying will use a percentage of the biomass as a fuel to heat a triple pass drum dryer and remove moisture from the remaining biomass. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 22 Zamconsult Consulting Engineers Ltd. June 2021 The dryer will also process the faecal sludge received from the biosolids solar drying slabs. The sludge will have 30-40% moisture content when entering the dryer and have a requirement of 10-15% maximum moisture content after passing through the dryer. 10-15% moisture content is the required moisture content of the finished briquettes. Because of the high temperatures achieved in the dryer, the sludge is expected to reach more than 80°c when passing through. 80°c is a flash temperature for sludge at which all pathogens are removed. A triple pass drum dryer is recommended as the most effective and efficient dryer for drying biomass. The main design parameter for the dryer in the Malindi setting, is that it should have an output capacity of around 2.3t/h with the ability to dry biomass from 50% to 12%. A dryer that has output capacity of around 3t/h should be selected to allow for downtime. Detailed parameters can be seen in Table 2-12. Table 2-12 Design parameters for triple pass drum dryer Description Parameter Unit Value %DS of mix before entering thermal dryer 60 % Moisture content in thermal dryer output 12 % Gross Dryer Output including recycle (total, 1176.5 wet tonnes @88% DS/mo wet weight at 88%) Recycle Rate 15 % Recycle Solids for Heating 176.5 wet tonnes @88%/mo. Operating Days/Month 25.7 Operating Hours per Day 20 hrs/day Total Drying Operating Hours/Month 514 hours/month No. of unit 1 Unit Average Output 2.3 tonnes/hour Designed Output 3.0 tonnes/hour Briquette Press It is recommended that two hydraulic briquette presses be installed to minimize production down time. The designed combined throughput of the presses should be 3t/h, even though there is only a need for 2.3t/h. This is to allow for down time. The design parameters for the briquette press can be seen in Table 2-13. Figure 2-24 shows an example layout of a drying and briquetting structure, with the machinery inside. Figure 2-25 is a detailed process flow of the briquetting process. Figure 2-26 is an example of the structure that would be needed to house the drying and briquetting equipment. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 23 Zamconsult Consulting Engineers Ltd. June 2021 Table 2-13 Briquette press design parameters Description Parameter Unit Value Briquette Production Output 1000 tonne/mo. @88% Briquette dry solids content 88% %DS Operating hours 333 hrs/month Operating days 6 days/week Briquette press capacity (each) 1.5 tonnes/hr No. of unit 2 Unit Figure 2-24 Example Briquetting equipment layout ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 24 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-25 Example briquetting equipment layout and process flow Figure 2-26 Example briquetting equipment structure ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 25 Zamconsult Consulting Engineers Ltd. June 2021 Briquette storage This allows the plant to provide a sure supply to customers and encourages them to enter into long-term supply contracts which are very beneficial for the sustainability of the system. The required briquette storage should be 25 days; this combined with the 5 days raw biomass storage equals the 30-day total requirement. Having a significant storage of finished product also allows commercial advantages of being able to fill big orders in a short period of time which can assist in obtaining high value large-scale clients. The design parameters of the briquette storage can be seen in Table 2-14. It is actually expected that the bulk bags could be stacked at least 3 high, but the parameter of 2 has been used to allow for extra storage and estimate worst case scenario. An example of the briquette storage structure can be seen in Figure 2-27 and Figure 2-28. Table 2-14 Design parameters for briquette storage structures Description Parameter Unit Value No. of days to store 25 days Briquette density 520 kg/m3 Total Volume Req. 1,849 m3 Storage Method Bulk Bag Bag height 1.3 m Bag stacking 2 number Height of storage 2.54 m Required Surface Area 728 m2 Briquette Storage Building Length 55 m Briquette Storage Building Width 20 m Briquette Storage Building Area* 1100 m2 Total area includes transit space for forklifts and personnel ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 26 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-27 Side and isometric elevation of example briquette storage structure Figure 2-28 Plan elevation of example briquette storage structure Ancillary Works A guard room and an administration building containing an operational staff office and laboratory will be provided at the FSTP. The operations buildings will be constructed of reinforced concrete and hollow core concrete blocks for the walls. Cell phone connection is adequate on site; therefore, it is not necessary to install a connection to the telephone network. Solar power is recommended to increase operational margins and reduce environmental impact and grid reliance. Guard Room The guard room is located at the entrance of the site before the treatment sections having an area of 5 m2. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 27 Zamconsult Consulting Engineers Ltd. June 2021 Administration Building The administration building is located on the top of the site, near the screens section. It will have about 140 m2 of surface and the following rooms:  A laboratory area  offices  2 toilets Traffic Areas Inside the site, the roads will be built on compacted land. Two types of circulation systems have been provided on the site: Heavy traffic, that of trucks which must spend a minimum of time on the site, and manoeuvre easily Light traffic, staff without or with equipment (wheelbarrow) or with light means Considering the extension of the area of the plant, it was decided to construct only the main roads that will allow traffic, crossing and manoeuvring of the trucks that come to unload the sludge, discharge the sands, etc. Main roads will be utilised also for the light traffic. Therefore, all the roads will have a width of 4 m. Closure and Control The fence will fulfil three functions: i. Marking of the site boundary ii. Obstacle to crossing (vehicles, animals, people) and sight iii. Visual approval Trees will be planted on the four sides of the fence. Their role will be to screen during windy periods, and to enhance the site. Signs on each side of the site will clearly identify the function of the site and the prohibition against entering without permission. The asphalting of the road network is planned. The main operation for maintenance consists of wetting the circulation areas during the dry period, to avoid the diffusion / production of dust when passing trucks. The manager and the operating staff will plan the periodic removal / transport of waste to the authorized landfill. Solar power It is recommended that solar panels are installed at the Malindi site to increase the environmental sustainability of the project, whilst also reducing costs and reliance on grid power. It is estimated that the waste-to-value treatment plant will consume an ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 28 Zamconsult Consulting Engineers Ltd. June 2021 average of 265 kW/h over a 24-hour period when the facility is running at full production capacity. There are two options for solar power at the site; option 1 is recommended and the cost- estimate for this has been included in the project engineers estimates and BoQ. Option 1: Use solar during the day, pay for grid during night operations: This is the recommended option. As electricity costs in the daytime are generally charged at peak rates, the savings are still substantial with this option. Savings of up to 10% could be expected on operating costs. Around 1,600m2 of solar panels would be required, providing a maximum power of 265 kW. CapEx for this solar requirement is relatively low in comparison with the current site CapEx. An estimate has been included in the over project cost estimate and BoQ. Option 2: Use solar during the day, battery power for night operations : A greatly increased CapEx over option 1, option 2 is not recommended. Although operation costs could reduce by over 20% at full capacity, more solar panels would be needed to charge the battery, around 800 kW maximum power output (4800m2 area). Plus, batteries with a capacity of around 5,000 kWh would be required. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 29 Zamconsult Consulting Engineers Ltd. June 2021 Location of the Sludge Treatment Facility There is no proper sludge facility or sewerage plant in Malindi. Private owners of septic tanks manage their raw waste by dumping it in undesignated dumping areas. Such waste ends up in the ocean hence affecting the marine life and consequently the lives of people depending on it. Further, during the consultant’s site visit, there was a small sludge dumping facility next to the Sabaki Bridge which was affected by the April 2018 floods that burst the banks of the Sabaki River as it approaches the ocean. Although it was a small/inadequate or disfunctional facility, the siting proved inadequate to handle the minimum requirements of any wastewater disposal facility hence moved to a higher ground. The initial intention of the proposed sludge drying bed was to cater for the disposal of waste from the proposed ablution block projects in Malindi, which are all within the overall scope of the WSDP project. However, due to the lack of such a facility to be used by the residents of Malindi, this facility can help in easing the situation on the ground as MAWASCO prepares to set up an improved facility in the near future. The implementation of the project will also contribute to the improved performance of the economic sectors and the delivery of social services in the project environs. The approximate size of the Waste-to-Value Faecal Sludge Treatment Plant is about 22.6acres. The following is a brief description of the proposed project site. Faecal Sludge Treatment Plant at Sabaki Area The proposed sludge Treatment facility will be located next to the Sabaki Bridge (along the Malindi to Mambrui B8 road) in a public land-parcel belonging to the County Government of Kilifi. This is a part of the 30-acre parcel of land set aside by the county government, within the bigger M 13A/1 land for sewerage services in Malindi. However, over time, settlements have occurred as the land had been left bare, with some locals claiming to have acquired the land and that they have a land sale agreement for the same though none was able to prove their ownership. Several consultative meetings were held with the PAPs whereas they were informed on the various mode of land acquisition and ownership including communal, ancestral, amongst others which are all recognizable by the Kenyan laws. they were also reminded that the land in reference belongs to the Government and that the County Government acknowledges their status of being squatters. As a result, the County Government has offered to compensate for their applicable entitlements. This area was selected at a higher ground after considering that the area is adjacent to the Sabaki River’s point of entry to the Indian Ocean with a high-water table. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 30 Zamconsult Consulting Engineers Ltd. June 2021 Figure 2-29: Actual land to be occupied by the proposed sludge facility. Implementation Cost for Immediate Measures Engineer’s Cost Estimate determined for the Immediate Measures for Improvement of Sanitation Systems in Malindi Town is based on the unit costs of the respective components of the Works obtained from recent contracts of similar scope and nature. The Implementation Cost is given below. Table 2-4: Implementation Costs for Immediate Measures Number to be S/No. Component Cost, Kes. Cost, USD Provided 1. Ablution Blocks 7 108,500,045.5 1,053,398.50 Malindi waste-to- 2. 1 544,031,786 5,281,862 value FSTP Operation and Maintenance of the Proposed Projects 1 Ablution Block Facilities In Kenya, Operation and Maintenance for Community Ablution Facilities is often outsourced to a third party by respective organisations. The most common O&M models for public toilets include public-private partnership, public management, and private management. • Public-Private Partnership – O&M tenders are awarded to NGOs or private cleaning companies, and toilets are built using local government/donor funds. o The cost of maintaining these toilets (including cleaning products, water, electricity, etc.) is subsidized through the tender. However, these toilets usually charge a user fee between Kes 5/- and 10- per use. o This model is most common in urban areas where NGOs use a “pay & use” model to offset costs to the urban local bodies for maintaining community toilets. • Public Management – Toilets owned and maintained by a public entity. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 31 Zamconsult Consulting Engineers Ltd. June 2021 o Typically, toilets are free for users and the caretakers conducting O&M are directly employed by the corresponding agency eg local administration. o This O&M model is still used in some places, particularly in remote areas. However, the number of toilets maintained under this arrangement has decreased in recent years in favour of a PPP model. • Private Management – Toilets funded, constructed, operated, and maintained by the private sector, usually on land leased from the local government. o A user fee is charged that varies based on the location of the toilets. o Ownership of the premises is transferred back to the local administration when the lease period expires. 2 Faecal Sludge Treatment Plant This generally follows the guidelines of the operation of the Ablution Block facilities, however, a clear explanation of how the facility works and the skilled personnel to handle such a facility are sourced. Provides workers with information on each step in the treatment train. Includes o Written description o Operating requirements o Technical specifications However, the Client has expressed interest in the treatment plant to be fully commissioned and operated by a private operator that has waste-to-value experience to ensure the operational feasibility of the plant. The Client also welcomes technical assistance from the World Bank in structuring this procurement contract Asset Management: Operators maintain records of each asset (piece of equipment) and determines what tasks will be need to operate and maintain the equipment cost effectively. Consideration of the life of the equipment is made as well as a plan for replacing critical equipment before its useful life is over. Equipment warrantee and special requirements: Some septage treatment equipment may be highly specialized and expensive. Make sure to follow all manufacturer’s recommendations to meet all warrantee requirements. Spare parts and replacement financing should be in place if critical mechanized equipment is utilized. Operation and Maintenance Plan: A written document that workers can refer to that includes: • Plant layout and process description • Preventative maintenance and asset management • Routine scheduled tasks • Staffing and job descriptions • Emergency operations procedures • Monitoring & evaluation ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 32 Zamconsult Consulting Engineers Ltd. June 2021 Receiving: The manifest form is a written record of the faecal sludge delivery. It tracks the waste from the origin to the treatment plant requiring a signature from the homeowner or regulatory official at the source. It specifies: - Source location; Type of waste; Volume; Information related to the desludger. Operators at the plant should review the form carefully before accepting the load. They can spot check by drawing a sample and checking for excess grease, color and odours indicating chemical contamination. Automated receiving stations simplify paperwork and help ensure accuracy of the data collected. Recordkeeping: The operators’ log book is a permanent record of all activities at the plant. It contains summaries of the daily receiving and operations records, visitors, deliveries and incidents. Use a bound logbook with sequentially numbered pages. It is considered a legal record and must be kept for a minimum of 5 years. Routine tasks: Routine maintenance includes periodically flushing out the solids by raising the water level at the outlet structure. Worksheets and toolkits: Worksheets and toolkits help operators verify initial design parameters. This is useful when troubleshooting operational problems as the operator can verify if current loading meets or exceeds design parameters. Monitoring: Sampling, testing, evaluating and reporting. Management may hire a contract laboratory for sampling and analysis or perform this duty in house if properly equipped and staffed. Operator health & safety: Personal protective equipment, immunizations, safety practices. Well operated septage treatment facilities take operator health and safety seriously. Not only is it the right thing to do, it saves money as well. Lost time due to injury or illness increases operations costs and decreases program efficiency. Immunizations, health and safety: Septage workers should be immunized for: - Tetanus - Hepatitis A - Hepatitis B - Diphtheria. Electrical safety: Electrical safety must be taken seriously by senior management. Often high voltage equipment is utilized which can be deadly. Only trained and authorized electricians should be allowed to work on electrical equipment. Staffing and human resources: Organizational chart, job descriptions, roles and responsibilities. Organizational chart: It is useful to describe the lines of communication and inform employees where they fit in the overall organization. Job descriptions: Job descriptions inform the employee about their specific role in the organization and what is expected of them. New employees sign the job description as a condition of employment verifying that they understand their role and responsibilities. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 33 Zamconsult Consulting Engineers Ltd. June 2021 Security: Physical security measures for septage treatment plants may include: • Barriers, fencing and gates • Security lighting • Smoke and chemical detection systems • Emergency back-up generators • Locking manhole covers in critical areas • Personal safety equipment ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 34 Zamconsult Consulting Engineers Ltd. June 2021 3 PHYSICAL, BIOLOGICAL AND SOCIAL-ECONOMIC BASELINE CONDITIONS OF AFFECTED ENVIRONMENT This Section discusses the baseline situation in respect of climate, topography, air quality, soils and geology, hydrology, terrestrial ecology, cultural heritage sites and socio- economic structure as well as existing infrastructure and utilities such as water, sewerage, transportation network, electricity, air transport and telecommunications and solid waste management in the region of the proposed project. PHYSIOGRAPHIC AND ENVIRONMENTAL CONDITIONS Climate In Malindi the climate is tropical, hot all year round, with a cooler season from June to September, in which the daytime temperatures are around 27/28 °C (81/82 °F), and a hotter and humid season from November to April, in which the daytime temperatures are just above 30 °C (86 °F), with May and October as intermediate months. The temperature in Malindi varies little throughout the year, but the differences are sufficient to make the warmest period more annoying, whose peak is reached in April, at the onset of the rains (see below). However, the heat is tempered by sea breezes. Here are the average temperatures. Table 3-1: Malindi - Average temperatures Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Min (°C) 23 24 24 24 23 23 22 22 22 22 23 23 Max (°C) 31 31 32 31 29 28 27 27 28 30 31 31 Min (°F) 73 75 75 75 73 73 72 72 72 72 73 73 Max (°F) 88 88 90 88 84 82 81 81 82 86 88 88 As regards the rainfall, it is not particularly abundant, given that it amounts to about 1,000 millimetres (40 inches) per year, however, there are two rainy seasons, linked to the two annual passages of the sun at its zenith, as often happens at the Equator. The presence of the sea, however, complicates a bit the situation. The rains are abundant from April to June, in the "long rains season", and reach a peak in May, of about 300 mm (12 in). During some years, the rains can be torrential, and can cause flooding and power outages, as happened in May 2012. From July to September there would be a dry season, but the prevailing south-east trade winds in this season generate some thunderstorms, since the winds come from the sea, from which they collect heat and humidity, especially in the first part, that is, in July, when the sea is warmer. From December to March there is another dry season, in which showers are rare, especially in January and February, which are the driest months, and in which it almost never rains. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 35 Zamconsult Consulting Engineers Ltd. June 2021 In October and November there would be the second rainy season, or the "short rains season", which is more evident in other areas of Kenya, and it's not evident here, although there is some variability between the years, so during some years the rains are plentiful, as happened in October and November 2009, when there have been floods. Here is the average precipitation. Table 3-2: Malindi - Average precipitation Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Prec.(mm) 10 15 35 165 300 155 90 65 45 70 75 35 1060 Prec.(in) 0.4 0.6 1.4 6.5 11.8 6.1 3.5 2.6 1.8 2.8 3 1.4 41.7 Days 2 2 3 11 17 12 12 9 7 6 6 3 90 The amount of sunshine is good all year round, except in the season of the long rains, which, as the name suggests, tend to last longer, compared with showers and thunderstorms that may occur during the period of the "short rains" or in the rest of the year. Therefore, the sunniest period goes from August to March, when there are about 9 hours of sunshine per day. Table 3-3: Malindi - Sunshine Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hours 9 9 9 8 7 8 8 9 9 9 9 9 Malindi is located near the Equator, so it is sheltered from tropical cyclones, like the rest of Kenya. Topography Geology & Soils Malindi Sub-County lies within the Coastal Plains which is a narrow belt, varying in width between 3 km and 20 km. It lies below 30 m above sea level. The Coastal plain is composed of Marine sediments, including coral, limestone, marble, clay stones and alluvial deposits that support agriculture. To the West of the Coastal plain lies the foot plateau characterised by slightly undulating terrain. The Plateau falls between 60 m and 150 m altitude and slopes towards the ocean. Several dry water courses traverse the surface with underlying Jurassic sediments consisting of shells, sandstones and clays. In this zone, grassland and stunted vegetation prevails. Malindi sub-County comprises of three broad landscape units: (i) the "beach", (ii) the "coral landscape" and (iii) the "plateau". The “beach” is characterized by coral cliff, sandy soil and is an unstable new dune formation. The "coral landscape" consists of higher situated old reefs and lagoons. It is characterized by depressions with clayish soils and areas susceptible to water logging. The "plateau" is a prominent area of shallow sandy clay soils underlain by coral limestone Rock. It is located above the 4.5 m contour. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 36 Zamconsult Consulting Engineers Ltd. June 2021 There are four physiographic units in the coastal region notably the Coastal plain (generally under 150 ft.in altitude), the Foot plateau (generally under 300 ft.in altitude), the Nyika (generally between 600 ft. to 1000 ft. in altitude) as the discontinuous chain of hills linking the Nyika to the Foot plateau. Malindi area is characterized by all the four physiographic units. The Foot plateau is largely concealed by the red Magarini sands, which abut on the Coastal range (Mangea Hills which are mostly over 1000 ft. in height and rise to a maximum height of 1702 ft. at their highest point). Towards the North of the Galana River are Mazeras sandstones though not as prominent as in the Mombasa area. Geology and Soils The principal rock types seen in the Malindi district are of sedimentary origin and range in age from Triassic to recent. They can in general be closely matched with those of areas to the south and south-west. There are three well-defined divisions as explained below: The Lower Mesozoic rocks – Duruma Sandstone Series - The Duruma Sandstone series is only represented in the Malindi district by its upper members, namely the Mariakani (Km) and Mazeras (Kz) sandstone groups. The former is generally thin- bedded, fine-grained sandstones, with siltstones, shales, mudstones and some intercalated impure limestones. About fifty per cent of the rock specimens collected during the present survey from rocks of the group have a calcareous cement, whereas the Mazeras sandstone group is virtually non-calcareous. The Mazeras sandstones comprise coarser, cross-bedded sandstones and shales. It is with these rocks that the Vitengeni (galena-barytes) ore veins are associated. For the most part the Mariakani sandstone group of sediments was deposited sub- aqueously under deltaic, lacustrine, and possibly neritic conditions, whereas the lower members of the Mazeras sandstone group were probably deposited under shallow water conditions and the upper, more massive members in an aeolian environment. The Upper Mesozoic Rocks – these consist of marine limestones and shales mainly of upper Jurassic age, with occasional horizons of sandstones and sandy limestones. The older members of the sediments have only been observed in the southern parts of the Malindi area, whereas the uppermost and younger members are found in the Sabaki valley. Exposures are scarce and poor. The Cainozoic Rocks - are more varied and comprise marls, conglomerates, limestones, sandstones, gravels, sands and clays, as well as the fossil coral reef and associated Ibreccias. Palaeogene representatives have not so far been recognised. The oldest Neogene sediments are very fossiliferous, while the Pleistocene and Recent sediments are not quite so fossiliferous, on the whole. The Cainozoic assemblage comprises marine and terrestrial deposits, portions of which can be shown to lie unconformably upon the eroded surfaces of the pre-existing rocks in the area. Igneous intrusions of basaltic type pierce the Jurassic sediments, and as fragments of igneous rocks are first observed only in the upper Pliocene. Marafa beds, an upper Miocene or lower Pliocene age is provisionally assigned to them. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 37 Zamconsult Consulting Engineers Ltd. June 2021 Drainage Malindi coastline is a major attraction site for tourist and also a source of income for the local people. However, the shorelines have been changing due to erosion. Although there are numerous wells on the Coastal plain in the Malindi sub-county water, nevertheless constitutes a problem of no mean dimension. Bore-holes have been drilled in the district with varying degrees of success, and data from the successful ones, as well as information obtained from the wells, point to a water-table near sea-level. The thickness of the “layer” of fresh water appears to be small, with the result that with over- pumping underlying saline water is drawn in. Bore-holes drilled in the Nyika sediments have more often than not been saline, but it is considered that with skilful selection, areas of good water may be found. Should the density of population rise too high, the supplies of fresh water would be severely strained and would probably be inadequate. Results have shown that the coastal sedimentary rocks are wholly unsuitable for large- scale water-supplies. This is borne out by the erratic nature of the bore-hole supplies, particularly in the hinterland, the shallow depth of the water-table, and the salinity of the water. It will be noted that the “hardness” and “total solids” figures for the bore-holes drilled in the Nyika are greater than those for the coastal plain bore-holes. It would also appear from the bore-holes sunk for MAWASCO’s water-supply that those drilled nearer the sea yield poorer quality water than those farther inland. Whether the increases are due to over-pumping of a shallow water-table is not known, but it is a point well worth determining by means of repeated analyses at intervals. If it is proved to be due to over- pumping, the possibility of large-scale water developments on the coastal plain appear meagre—certainly so far as bore-hole supplies are concerned. The bore-holes drilled on the Nyika and the Foot plateau show an increase of alkalinity, and general decrease of the chlorides, “total hardness” and “total solids” figures with time. Small earth dams have been constructed successfully, in the Malindi area, but they are of limited use. More could be built on tributary streams of the major rivers but recharge for them could only be expected during periods of heavy rainfall. It is doubtful if large dams could successfully be constructed in the major rivers, namely the Sabaki and Voi (Rare) rivers, as they are subject to heavy floods during periods of rain, and the rocks in their beds are unsuitable for the foundation of large concrete or masonry dams. Biodiversity Malindi’s general ecosystem type is tropical coastal/marine zone. The specific biodiversity entities include coral reefs, reptiles. Major habitats & land cover types include the sub-littoral zone with microscopic marine plants; corals; intertidal sand and mud with marine angiosperms such as Cymodocea rotundata, Halodule wrightii, Thalassia hemprichii etc.; mangroves with Rhizophora mucronata, Bruguiera cylindrica and Ceriops sp.; intertidal rock zones with red algae such as Bostrychia spp. and Placophora binderi. Important prawn species which are harvested as food sources for local and export market include five penaeid species; Penaeus monodon, P. indicus, P. japonicus, P. semisulcatus and Metapenaeus monoceros commonly caught within the shallow continental shelf in the ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 38 Zamconsult Consulting Engineers Ltd. June 2021 fishing grounds of Malindi and Ungwana Bay by commercial prawn trawlers and also in estuaries and deltas by artisanal fishermen. Arabuko Sokoke Forest in Kilifi County is the largest continuous block of indigenous forest in the whole of Coast Province with an area of 420 km². It is a globally important forest for conservation with several endemic species of plants, birds and mammals. It has been ranked as the second most important forest for threatened bird conservation in mainland Africa (Collar & Stuart, 1988) and one of the 19 important bird areas in Kenya. Malindi also has a Coral Garden with zebra fish. The park is endowed with magnificent resources such as fringing reefs, coral gardens in the lagoons, sea grass beds, mangroves, mudflats, marine mammals, turtles and various species of shorebirds. Figure 3-1: Starfish and Zebra fish within Malindi marine park The ablution sites at Gongoni Trading Center, Kibokoni Area, Cleopatra, Omar Project, Malindi General Hospital, Takaye and the Muyeye Health Centre all fall within an urban setting where human development has overshadowed the biodiversity of the area. On the other hand, squatter settlement is very visible within the Sabaki site for the sludge treatment plant with human-wildlife conflict evident where hippos invade the farms adjacent to the Sabaki river, destroying their crops and trees. Since the area is partially occupied, shrubs and a few trees are within the area. They offer a home for birds. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 39 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-2: Biodiversity status of the Arabuko Sokoke Forest Existing Water Supply and Sanitation Systems 1) Water Supply The main source of bulk water supply to Malindi Town is Baricho Wells located approximately 45km away from Sabaki River. The abstracted water is chlorinated and conveyed via a series of pumping and gravity transmission mains to Malindi Town. Details of the existing Water Supply System are summarised in Table 2.5 below: Table 3-5: Summary of Existing Water Supply System in Malindi Town Water Sources Baricho wells at Sabaki River Water Treatment Chlorination at Baricho and at Kakuyuni and Ganda reservoirs Water Pumps At Baricho Rising Main from Baricho source works is 29.7 km of DN 600mm steel pipe. Water Mains Gravity Transmission Mains DN 350mm - 450mm steel & DN 200mm uPVC, 28.9km 1,250 m3 at Kakuyuni, 225 m3 BPT 4 No. reservoirs at Kisimani [combined capacity = 9,000m3] Water Storage 3 No. Reservoirs at Ganda [combined capacity = 7,750m3] 1,250m3 reservoir at Jimba 2 No. Reservoirs at Kakoneni and Jilore; each capacity 90m3 180km of AC, GI, uPVC pipes, 245 km of tertiary / consumer Water Distribution pipes Water Supply for Malindi Town is inadequate to serve the Town and cater for the future needs of its growing population. Development of additional water resources and extension of the distribution network is therefore required. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 40 Zamconsult Consulting Engineers Ltd. June 2021 Upon implementation of Mwache Dam, planned to serve Mombasa and Kwale Counties, which is at Design Review Stage, the bulk water supply from Baricho Wells will be dedicated to Kilifi and Malindi Towns and the environs to reduce the water deficit. Besides, preparation of Water Distribution Master Plan for Malindi Town is currently in progress and its implementation will result to more improvement of water supply situation. 2) Sanitation System At present, Malindi has no sewerage system. The use of on-plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. The major problem faced is the lack of a proper sludge management system such as a Sludge Treatment Facility for the discharge of septage by the exhaust vacuum tankers. Thus, septage from septic tanks is discharged directly to the environment. In situations of suppressed water supply, such as in Malindi Town, the use of on-plot sanitation systems though unsustainable environmentally is manageable. If the water supply situation is not improved through the development of additional water resources and expansion of water distribution networks, as planned for Malindi Town, the use of on-plot sanitation systems will not suffice and thus health and environmental hazards are likely to occur. In summary, the current sanitation infrastructure in Malindi Town is insufficient to meet the sanitation needs of the growing population and there is need for the development of a water-borne sanitation system which is environmentally sustainable. SOCIO-ECONOMIC INFRASTRUCTURE Economic Activities Tourism is the most important economic sector in Malindi Town with the significant number of high standard hotels, medium standard hotels and tourist villas. Malindi Town currently has 12 hotels, classified as international standard tourist hotels. Other formal economic sectors such as Commerce, Trade and Service rely on tourism. These activities are mainly concentrated within the Town. Fishing is an important activity in Malindi Town because of the adjacent River Sabaki which is a major fresh water fishery resource. Artisan fishermen using non-mechanized small vessels and commercial trawlers are common. Sport fishing off the beaches is also active and popular with the tourists. Fish marketing is mainly done by local fish dealers, and partly through co-operative societies formed by the fishermen. Agriculture is also practised in Malindi, though not technologically developed. The adopted techniques of cultivation, planting, food storage and processing are less developed than in most rural areas of Kenya. The main food crops cultivated are maize and beans, while cash crops such as coconuts, citrus, mangoes, pineapples and cassava are significant. Livestock raring is also practised. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 41 Zamconsult Consulting Engineers Ltd. June 2021 Industrial activities are minimal in Malindi Town. Only agriculture-based industry is evident with a few processing enterprises dealing with cotton seeds and buds. In Gongoni area, salt is harvested from solar evaporation pans. Land Use Malindi Town is the largest urban centre in Kilifi County. It is the main economic hub of the County, owing to the significant tourism activities and adequately developed infrastructure including transport facilities such as Malindi Airport. There exist planning efforts for the Town as highlighted in the Malindi District Strategic Plan (2005 – 2010) and Kilifi County – First County Integrated Development Plan (2013 - 2017). The issues addressed in these Plans include high rates of unemployment, inadequate water supply, waste and wastewater disposal problems (sanitation), weak integration of population concerns in development planning, long distance to health facilities, minimal rates of male involvement in family planning measures, high illiteracy rates and environment degradation. The total area of Malindi including the Township and the peri-urban areas is approximately 35,473 ha. The main land-use typologies are Residential, Commercial, Transportation, Public Purpose, Educational, Industrial and Recreational. In terms of coverage areas, the active land-use type with the largest land coverage is agriculture while the least is Industrial. Table 3-4: Summary of Existing Land Use Land Use Area Covered (Ha) Coverage (%) Residential 1,719 6.85 Industrial 26 0.10 Educational 214 0.85 Commercial 234 0.93 Recreational 100 0.40 Public Purpose 100 0.40 Public Utility 43 0.17 Transportation 1,160 4.62 Agriculture 18,265 72.81 Conservation 127 0.51 Undeveloped Land 3,098 12.35 TOTAL 25,086 100.00 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 42 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-3: Existing Land Use Map – Malindi (Watamu Wastewater Masterplan, Mangat) ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 43 Zamconsult Consulting Engineers Ltd. June 2021 Some major land uses are shown in the figures below: Figure 3-4: Ocean Breeze Beach Resort & Spa Figure 3-5: an overview of Malindi town in terms of structures and light transportation Settlement Patterns In the pre-independence era, Agricultural settlement schemes at the Coast date back to the beginning of the century. In 1911 and 1913, a small number of landless ex-slaves and destitutes were settled on some 5,700-ha south and north of the Kilifi Creek in six demarcated areas in Mavueni, Mtanganyiko, Tezo, Mida, Mikomboni and Pumwani (Kenya 1962). In 1937 the Department of Agriculture faced increasing numbers of squatters in the area between Kilifi and Malindi who were reportedly attracted by the possibilities of cotton cultivation. The perceived danger was that many of the Wanyika squatters would continue the shifting cultivation to which they were used and would move on after two or three harvests. In Malindi and its immediate surroundings, indigenous African, Afro-Arab and Western- influenced architectural traditions have co-existed in a state of equilibrium for many ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 44 Zamconsult Consulting Engineers Ltd. June 2021 centuries. These architectural traditions are intrinsically associated with the different cultures they accommodate - cultures that are so interdependent that only the term "system" properly describes this relationship. In this respect it is unique among the settlements of the Swahili Coast. The areas within the vicinity of the ablution block project sites are mostly densely populated. There is a high availability of markets and all sorts of businesses in these areas. However, the areas within the sludge facility sites are sparsely populated with evidence of squatters encroaching into the public land belonging to the County Government of Kilifi. Such squatters mainly practise agriculture as a means of sustaining themselves. Energy Sources The main sources of energy in Kilifi County include; wood fuel, electricity, paraffin and solar energy which are mainly used for cooking and lighting. The number of trading Centres connected with electricity stands at 50 while over 80 percent of the households use wood fuel. The number of trading Centres connected with electricity is expected to increase as the county continues to implement the Rural Electrification Programme which is aimed at connecting rural Centres with electricity so as to promote wealth and employment creation. The county is currently promoting the use of renewable energy and use of energy saving jikos by households and institutions such as schools and hospitals. The county is also promoting the establishment of woodlots to ensure there is constant and sustainable supply of wood fuel. The Ministry for Energy and Petroleum has also stepped up efforts to increase development of a variety of sources of energy including Wind, geothermal, solar and hydropower. Other prospects include exploration of natural gas and development of nuclear energy. Gas and oil prospector, Pancontinental, struck major natural gas deposits in Malindi, raising hopes that Kenya could soon start mining gas. The Australian firm said the deposits at Mbawa-1 Well found about 52 metres of gas which is commercially viable. There is a wind farm in Ras Ngomeni in Malindi which is also a source of energy in Malindi. Although it has not been fully exploited, it contributes to the energy needs of the region. Administration Malindi falls under Kilifi County as per the administrative changes in the new constitution passed in August 2010. Malindi forms a municipal council with the following thirteen wards: Barani, Ganda/Mkaumoto, Gede, Gede North, Gede South, Kijiwetanga, Madunguni, Malimo, Malindi Central, Malindi North, Maweni, Shella, Watamu Town. All of them are located within Malindi Constituency. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 45 Zamconsult Consulting Engineers Ltd. June 2021 Population & Gender There are generally more females than males in Kilifi County as per the 2009 census data. The population of Malindi was 207,253 as of the 2009 census. From the 2019 national housing and population census, Malindi sub county has a population of 333, 226 persons (163,351 males, 169,866 females and 9 intersex) with an average household size of 4.4. It is the largest urban centre in Kilifi County. The following figure shows the population characteristics within the project area. Figure 3-5: Population Distribution in Kilifi County Housing Majority of the houses in the county have walls made of mud/wood 59 percent as the main walling material, followed by brick/block at 22.05 percent and mud/cement at 5.95 percent. On the floor earth 73.5 percent as the main floor materials, cement 25.05 percent, tiles 1.15 percent on roofing Makuti leads with 41.4 percent, Corrugated iron sheets 32.9 percent and grass 20.2 percent as the main roofing materials. There are ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 46 Zamconsult Consulting Engineers Ltd. June 2021 informal settlements coming up in the major urban Centres in the county especially Malindi and Kilifi towns. Health Kilifi County has several healthcare facilities both private, missionary and public serving the residents. Large county hospitals include  Kilifi County Hospital  Malindi Sub County Hospital Private Big hospitals include  Tawfiq Hospital  Star hospital  Wananchi Medical  St. Peters  BOMU medical  Khairat Medical Missionary Hospitals include  St. Lukes Hospital  St. Benedicts Transport The roads in Kilifi County are classified in a manner that 326.2 Km are of bitumen standards, 542.3 gravel and 1139.5 earth surface, giving a total of 2008 Km of classified road surface within the county. The county is envisioned in the Vision 2030 to be a resort city, therefore there is need to expand Malindi airport, Kilifi and Kijipwa airstrips to cater for the expected increase of visitors and residents in the county. Malindi has a long tradition of boat building. These vessels range from the small Ngalawa, mashua and dhow to the large Jahazi that can carry as much as 10 tonnes. The smaller boats were mainly used for fishing while the larger ones transported people and goods. Once goods landed on the mainland, they were transported overland by porters, ox-carts and later motor-vehicles. Public road transport has grown from the 8-seater Land-Rovers to 23-seater buses. However, boats still served to ferry people and goods across the Sabaki River before the construction of temporary and permanent bridges. Today modern luxury coaches ferry people and goods to Kilifi, Mombasa and upcountry destinations like Nairobi and Kisumu. Air transport which started with private airplanes went fully commercial when an airport was constructed in the early 1960’s. Much of the public transportation that works in Kenya is actually run through mini buses in an unorganized method. Though there are not usually official bus routes or locations where the buses will be gathering, you can almost always find a mini bus roaming around the town of Malindi. These buses are more like taxis, but serve as the public transportation system. You wouldn't just get on and ride by yourself, as you would most likely share the bus with other people as well. These mini buses are relatively safe. They aren't exactly state of the art buses, but they get the job done. They are used all ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 47 Zamconsult Consulting Engineers Ltd. June 2021 throughout the country, and the locals use them quite frequently. It is without a doubt the best way to get around Kenya if you don't want to have to spend a ton of money on flights. The roads in the country are pretty good also, so you don't need to worry about being stuck out there on your own. You shouldn't get in an unlicensed mini bus, however, as it is both unsafe and against the law. You can work out a price with the driver, depending on how far you are going, how many people are with you, and how many bags you have. Posts and Communication The county is covered by all the major mobile telephone service providers which include; Safaricom, Yu, Orange and Airtel. It has mobile telephone coverage of 75 percent and 7,037 landline connections. The county has 7 post offices and 5 sub post offices. The proportion of the population that has to travel 5km or more to the nearest post office is 78 percent. There are 70 cyber cafes mostly in the urban areas and thus there is need to prioritize the establishment of digital villages and more cyber cafes. Financial Institutions Access to financial services is generally on the increase with the advent of mobile phone money transfer services and agency banking. However, the county has only 10 commercial banks namely KCB, Equity, Cooperative, National Bank, Barclays, Standard Chartered Bank among others. There are 18 micro finance institutions namely Kenya Women Finance Trust, Faulu, Platinum Credit among others. SACCOs include Imarika Sacco, Lengo, Mawasco Sacco, Kilifi and Malindi farmers Sacco amongst others. The financial institutions in the county target 1.2 million people; hence there is need for increased investment in this sector so as to tap the existing potential. Commerce and Industry There are a total of 78 trading Centres in Kilifi County with 3,809 registered traders in retail, wholesale and manufacturer. The major ones are; Kilifi, Mtwapa, Malindi, Mariakani and Watamu among others. The wholesalers mostly deal with consumer and hardware products while retail traders, who are in both rural and urban areas, deal mainly with food products. The manufacturers mostly deal in cement such as Rhino Cement Company in Rabai, Mombasa Cement Company in Vipingo, steel products in Mazeras, salt manufacturing by Kensalt and Krystalline Salt in Gongoni and Marereni, commercial starch in Mazeras, power generation in Rabai, soft drinks by Coca Cola and Picana in Mtwapa and Export Processing Zone (EPZ) in Mazeras and Mtwapa. Tourism & Culture Tourism is relatively the newest, fast growing and the most valuable single industry of Malindi. Back in 1968, tourism alone was worth at GBP 240,000 from hotel expenditure alone compared agriculture, fishing, and any other single retail business of Malindi. Tourism is also responsible for employing the largest number of people in the town and is the greatest earner of foreign exchange of any industry in Malindi. There are two different kinds of tourists who come to the town of Malindi; the East African residents, especially from Kenya, who either drives his own car, boards a bus or flies from Nairobi to Malindi, and the overseas visitor mostly from Western Europe who flies directly to Malindi (with a change of aircraft in Nairobi) and spends almost his entire ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 48 Zamconsult Consulting Engineers Ltd. June 2021 holiday in Malindi an occasional trip to Mombasa or a game park. Although both come to Malindi for the main purpose of sun and sea bathing, there are other amenities in the Malindi area which are geared more especially to the wants of one or the other type of tourist. Malindi is an amazing place among other destinations in East Africa. Taking a stroll in the streets of Malindi Kenya is one of the amazing things one can do. A few glances on the houses built in different parts of town and you can immediately tell of the Swahili influence on the architecture. A few years back, most of the houses were thatched with palm tree leaves, commonly known as makuti. Like other communities, with the change of times, makuti thatching has been replaced with iron sheets. However, there are some parts that still value this kind of culture. Most beach hotels, villas, and resorts have this kind of roofing. The Swahili culture has a big influence on the dressing of the natives. Women wearing buibui and men putting on kanzu is an indicator of the presence of Islam within the town. Traditionally, women adorn Khangas as wrappers while men made shirts and trousers from them. Leather sandals for both men and women are a norm. They complement well kanzu, buibui or khanga attires. Malindi town is a quite an old town owing much of its current attractions to Portuguese explorers who were travelling around the world to India. The Vasco Da Gama Pillar is one of the most prominent landmarks with Malindi Town. Not very far from the pillar, there stands an Old Portuguese Chapel that was used in the early days’ European explorers. As an effort to conserve National Heritage and Artifacts, The National Museums of Kenya built a museum, also known as the House of Columns just close to the Malindi Pier. Not far from the pier, stands the Old District Commissioner office, now turned into a Museum. Outside is the least known landmark of a sail – Prince Henry the Navigator monument, built as a sense of direction by sailors to India. Much of the buildings around the old District commissioner’s office are very old and are preserved by the National Museums of Kenya as national heritage. Just opposite the office is Uhuru gardens (Umoja Taxi), serves as a small picnic garden and also a part of Malindi’s tourist attractions. Poverty Malindi is a charming town dotted with palm trees that whisper a song in the wind. The locals speak many languages, notably Kiswahili, English and Italian. The latter is the language used for sex trade whereby young girls use it to bargain for better prices and to lure their clients. There are dingy slums in Malindi for instance in Maweni whereby one can notice several mud houses with gaping holes. Many residents of the slum live as sex workers. Some of them get lured by the tourists to be their spouses, only to later find out that they are being used for sex. Such desperation is driven by poverty whereby Malindi is ranked 137 in the national poverty index. Most of the areas do not have piped water. Rain-fed agriculture is unreliable and many families do not have enough to eat. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 49 Zamconsult Consulting Engineers Ltd. June 2021 Unsurprisingly, many parents turn a blind eye when their children consort with foreign tourists for money. Because sex trade is widespread, school dropout rate is high. Kenya Community Support Centre puts primary school dropout rate at 48 per cent as of 2010. An officer with Kenya Legal Defence Fund, who has investigated numerous cases of sexual exploitation by foreigners, says parents give tacit approval to their daughters to peddle flesh. This has now turned from a moral issue to a cultural issue. However, the non- governmental organisation, Solidarity for Women in Distress (Solwodi) has set up an office in Mombasa and Malindi in order to empower female sex workers, children in sexual exploitation, and survivors of human trafficking. Education Education ensures that a population is empowered both socio-economically and politically so that they can participate in gainful activities and make informed decisions. Kilifi county has 935 pre-schools, 492 primary schools, 120 secondary schools, 13 youth polytechnics, one college (KMTC- Kilifi) offering medical trainings and Pwani University a public institution which offering various courses. There is need to improve the physical infrastructure of the existing institutions and build more to ensure quality and access to education. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 50 Zamconsult Consulting Engineers Ltd. June 2021 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY The socio-economic situation of the area was captured based on findings of a household survey carried out using a structured questionnaire. A sample group of approximately 50 households per project site, selected through random sampling was interviewed for purposes of the analysis. In total, 405 households were interviewed. Population dynamics and household characteristics The average household size is 6 people. The general trend shows that most of the people fall in the 19-35 and 6-18 age groups, showing that the area is predominantly made up of young families. Figure 3.6 shows the population age brackets. Figure 3-6: Age Distribution of the Population Source: Survey data. Literacy levels were as follows: - Primary level 45%, Secondary level 26%, college /university 11% and no education at all 18%. Therefore, the areas have average literacy levels, which is common in peri-urban settings. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 51 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-7: Household Literacy Level Source: Survey data. Christianity is the predominant religion in the area with 32% of the population professing the faith. Figure 3-8: Religion of the Population Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 52 Zamconsult Consulting Engineers Ltd. June 2021 Charcoal and Firewood are the main sources of energy used by the community with 47% and 40% of the population respectively depending on it. Other fuel sources are charcoal and LPG gas as represented below. Figure 3-9: Sources of Energy Source: Survey data. Being that the project area is in the urban area, business is the main socio-economic activity practised by the residents. The various socio-economic activities are shown below: Figure 3-10: Household Socio-Economic Activities Source: Survey data. The household conducting business constitutes 45% of the total population. The most popular business in the area is the Jua Kali industry comprising of 36% of the enterprising ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 53 Zamconsult Consulting Engineers Ltd. June 2021 population. 28% have shops while 17% are in the Boda-boda industry. Other businesses are shown in the figure below. Figure 3-11: Business types in the project area Source: Survey data. Most of the populations’ income lies under Kes. 15000. This is attributable to the area mainly having small time traders. Figure 3-12: Household Income per Month Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 54 Zamconsult Consulting Engineers Ltd. June 2021 Water Supply The project areas majorly receive piped water either through piped water either through individual domestic water connections (private taps) and/or communal water points (Public taps) provided by MAWASCO as shown below. Figure 3-13: Main Sources of Water for the Community Source: Survey data. 77% of the population paying for water, with the population pays both a monthly bill to MAWASCO as well as often paying local vendors for jerry cans of water. The rates for water are shown in Figure 3-14 and Figure 3-15 below: Figure 3-14: Percentage Population Paying for Water Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 55 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-15: Amount paid per 20 litre jerry can Source: Survey Data The water quality is generally good with 68% of the respondents indicating that the water quality is good. The rest of the population find the water quality to be fair as represented below. Figure 3-16: General Status of the Water Quality Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 56 Zamconsult Consulting Engineers Ltd. June 2021 In addition, the frequency of receiving water is mostly on a daily basis as shown in the statistics below: Figure 3-17: Frequency of fetching water Source: Survey Data Sanitation The methods used by the population to dispose refuse are distributed as follows: 39% burn their waste, 26% of waste is collected by the county council, 23% bury their waste, and 11% dump in open areas. The chart below shows the waste disposal figuratively. Figure 3-18: Common Waste Disposal Methods ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 57 Zamconsult Consulting Engineers Ltd. June 2021 Source: Survey data. 91% of the households interviewed have access to a toilet, while the rest lack the facility. This is understandable due to the urban nature of the project areas. Most of the respondents have a private septic tank as the area lacks a comprehensive sewerage system. Figure 3-19: Respondents Who Have Toilets in Their Compound Source: Survey data. Figure 3-20: Types of Toilets Respondents Have in Their Compound Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 58 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Situation The environmental concerns in the area include water shortage, mosquitos and malaria spread, overgrazing, drought, poor sanitation, invasive species, solid wastes generation, among others as shown in the figure below. Figure 3-21: Environmental Issues of Concern Source: Survey data. There are a number of environmental conservation initiatives in the area such as tree planting, educating the public on environmental conservation, construction of toilets and clearing of mosquito breeding sites and others such and collection of solid wastes. Figure 3-22: Environmental Conservation Initiatives Source: Survey data. These activities are carried out by youth groups, the county council, individuals, women groups, NGOs, and CBOs in no particular order, as indicated in the figure below. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 59 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-23: Implementers of Environmental Conservation Initiative Source: Survey data. 85% of the population feel that the project will help conserve the environment due to the reduced raw sewage making its way to the Indian Ocean, while only 15% feel that it will not. Figure 3-24: Will the Sanitation Project help in conserving the Environment Source: Survey data. Health Status The prevalent diseases in the area are malaria, diarrhoea, cholera and respiratory infections most of which are water based. In addition, the last cholera outbreak within the project areas was more than a decade ago hence no major water-borne outbreaks have been experienced in the recent past. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 60 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-25: Prevalence of Diseases in the Area Source: Survey data. Majority of the respondents when sick, seek medical attention from a health centre. Others utilise other options as indicated below. Figure 3-26: Type of Treatment Source: Survey data. The health facilities sought by the local population are mainly public and privately owned health facilities. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 61 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-27: Ownership Status of the Health Facilities. Source: Survey data. In such a peri-urban/urban setting, the health centres are located nearby with majority located less than 3Km away as shown in the figure below. Figure 3-28: Distance to the Health Facilities. Source: Survey data. The level of HIV/AIDS awareness is high. 100% of the population is aware of HIV/AIDS. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 62 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-29: Level of Awareness on HIV/AIDS Source: Survey data. Information about HIV/AIDS is mainly got from the media, family members and friends, health workers, and NGOs/CBOs. Figure 3-30: Source of information on HIV/AIDS Source: Survey data. 9% of the respondents have been affected by the disease, either directly or indirectly. The high rate within the project areas may be due to the fact that the area is highly influenced by the tourism in the area. The affected population is treated as a vulnerable group due to the stigmatization of the scourge, and can be assisted by provision of Counselling services and/or ARVs during the project duration. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 63 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-31: Household Members affected by HIV/AIDS Source: Survey data. 91% of the respondents feel that HIV/AIDS can be prevented while a small fraction of the population 3% don’t know whether anything can be done to prevent it. Figure 3-32: Knowledge on whether HIV/AIDS can be prevented Source: Survey data. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 64 Zamconsult Consulting Engineers Ltd. June 2021 All the respondents know where to go for voluntary counselling and testing for HIV/AIDS, which reflects positively on the awareness of HIV/AIDS and its repercussions. Figure 3-33: Respondents who know where to go to for Voluntary HIV/AIDS Testing Source: Survey data. The Project Most of the residents are aware of the proposed project as shown in the figure below Figure 3-34: Public Awareness of the Intended Construction of the Facility Source: Survey data. 94% of the respondents perceived that the construction of the ablution facilities will bring positive impacts. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 65 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-35: Perceived Impact of the Sanitation Project Source: Survey data. The positive impacts expected include improved hygiene, employment opportunities and reduced cases of waterborne diseases among others as shown below. Figure 3-36: Positive Impacts of the Proposed Project Source: Survey data. The expected adverse effects of the project from the survey data, as well as their mitigation plans are presented below. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 66 Zamconsult Consulting Engineers Ltd. June 2021 Figure 3-37: Adverse impacts of the proposed project. Figure 3-38: Mitigation Measures of adverse impacts from the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 67 Zamconsult Consulting Engineers Ltd. June 2021 4 CONSULTATION LEGAL REQUIREMENTS Government and World Bank Operation Policies on Public Consultation The overall objective of the Government is to involve communities in policy formulation and implementation at the local level. More specifically, the Community Action Planning. In addition, the World bank policies promotes public participation hence a requirement to involve the public in all matters including development projects. Programme objective is to put in place a durable system of intra-community co-operation through collective action, which creates communal discussion forums for the implementation of development activities. PERSONS OR AGENCIES CONSULTED The fundamental issue of concern in the community sanitation projects within developing nations will always relate to the availability of water within the project areas before offering any sanitation services. In addition, other key issues of such a project include pollution, biodiversity loss, community safety, communicable diseases and employment and trade opportunities. Efforts were made to contact all with the information on the following issues;  Assessment of the baseline environmental and social conditions.  Consideration of feasible and environmentally & socially preferable alternatives.  Requirements under Kenya country laws and regulations, World Bank Guidelines and applicable international treaties and agreements.  Protection of human rights and community health, safety and security (including risks, impacts and management of project’s use of security personnel).  Protection and conservation of biodiversity.  Sustainable management and use of renewable natural resources (including sustainable resource management through appropriate independent certification systems).  Use and management of dangerous substances and major hazards assessment.  Labour issues (including the four core labour standards), and occupational health and safety.  Socio-economic impacts & fire prevention and life safety.  Impacts on affected communities, and disadvantaged or vulnerable groups.  Cumulative impacts of existing projects, the proposed project, and anticipated future projects.  Consultation and participation of affected parties in the design, review and implementation of the project.  Efficient production, delivery and use of energy.  Pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 68 Zamconsult Consulting Engineers Ltd. June 2021 With that, a cross section of persons was consulted at Malindi as indicated below. Key Informants Consulted Table 4-1: Cross section of persons/agencies consulted No. Name Office Designation Contacts 1. John K. Kamau Interior Sub County +254722323320 Commissioner Malindi 2. S. M. Ndiuki Interior ACC Magarini +254702390335 3. J. K. Kipsiwa Interior ACC Malindi +254722578635 4. Mr. Edward K. Kilifi County Area MCA +254716380149 Dele Government 5. Eng. Isaac MAWASCO Technical Manager +254723161671 Chibule 6. Ms. Saida Malindi General Sub-County Public +254708766944 Mohammed Hospital Health Officer 7. Mr. Lennox Malindi Sub-County +254729711599 Mwangolo Environmental Environmental Officer Office 8. Mr. Ndaro MAWASCO Commercial Manager +254722123659 Vellasco 9. Mr. Chai Development Sub-County +254721929207 Control Office Development Control Officer 10. Ms. Florence Sabaki Ward Ward Administrator +254726865061 Santah 11. Musa Abdalla Sabaki Ward Ward Administrator +254721353345 Meeting Discussions An Overview from the Technical Manager - MAWASCO The Technical Manager welcomed the consultants and assured them of full cooperation from their department in regards to the implementation of the project. He stated that while the terms of reference of the project required the consultant to consider 7 locations for public toilet facilities in Malindi, MAWASCO had gone ahead to acquire 9 to cater for cases where either technical specifications or public opinion could bar the implementation of the project. Regarding the sludge treatment facility land, the TM assured the consultant that MAWASCO in conjunction with the County Government of Kilifi would hold adequate talks and formulate a compensation strategy before the ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 69 Zamconsult Consulting Engineers Ltd. June 2021 construction of the project commences. This is especially so since the consultant had noted some PAPs within Sabaki site set for the construction of the proposed sludge treatment facility. An Overview from Public H- Health Officer - Malindi The Sub-County Public Health Officer welcomed the consultant and explained that there are a few health centres in Malindi well-distributed within every ward. She went ahead to state that the centres are not so big with Malindi General Hospital being the biggest health facility within the Sub-County. However, it is not big enough to cater for severe cases, hence they are referred to Kilifi General Hospital. Furthermore, she stated that the urban areas have enough sanitation facilities which is not the case in the slum and peri- urban areas. In regards to the health issues of concern in the area, the PHO explained that the most common were Diarrhoea, Malaria and Cholera. She went further to state that there had been four cholera cases reported from Kisumu Ndogo in the past week prior to the consultation, due to the lack of latrines. The cause of this was established to be a borehole that had been contaminated in which case, treatment of the borehole by use of chlorine was done and the residents were served with prophylaxis after which the cases drastically reduced. In addition, she stated that there are severe cases of Malaria and Diarrhoea experienced generally in the area, which are reported on a weekly basis as they’re common. This owes to the fact that mosquito breeding has not been checked and various incidences of open defecation that ends up affecting the residents. The Ministry of Health through the facility has put initiatives regarding the sanitation state of the region and also to reduce waterborne diseases. Some of the activities carried out include research on the community through health talks and sensitization on the importance of using latrines; stopping open cooking and hawking of food; and also, community-led total sanitation, a behaviour change initiative focussed in Shela, Ganda and Kakuyuni areas. With regards to the successful implementation of the project, the PHO stated that both the ablution blocks and the sludge treatment facilities would help the community since most of the peri-urban areas lack such a facility. Furthermore, only high-level public functions in some of the ablution block areas are served with public toilets meaning all market days and traders utilizing the urban centres have to find means of reliving themselves sometimes being forced to use the surrounding bushes. However, she stressed that the low-income areas should also be considered when it comes to ablution block facilities. An Overview from the Sub-County Environmental Officer - Malindi The Sub-County Environment Officer began by stating that a sanitation intervention was long overdue as Malindi Sub-County lacks adequate sanitation facilities to cater for both residents and tourists. In addition to wastewater management, he also stated that solid waste management was also poor. Hence both have a profound negative impact on both the marine and terrestrial environments. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 70 Zamconsult Consulting Engineers Ltd. June 2021 Regarding the project, the officer stated that the benefits of the project supersede the adverse impacts and all negative impacts would be addressed through a proper environmental Management Plan and constant environmental audits. He then suggested that the operation and maintenance procedures laid out for all the sanitation projects in Malindi to consider proper management with regards to the environment to avoid further pollution. Overview from the MAWASCO Commercial Manager The MAWASCO Commercial Manager welcomed the consultants stating that the immediate measure sanitation facilities in the area will spearhead the inception of a broader and long-term sewerage system for Malindi. He stated that there was a need for ablution blocks in various upcoming market areas within Malindi as well as a proper sludge treatment facility for proper disposal and treatment of sludge accumulating from the public facilities, household toilets, commercial and industrial wastes and son on. In addition, he confirmed that there was no designated facility for wastewater management in Malindi hence most commercial and private entities with septic tanks dump their waste directly into the environment hence posing an environmental and health risk to both terrestrial and marine life. He recommended that proper sensitization be done to the public, involving various stakeholders such as the local administrators and key offices in order for them to back the implementation of the project. Overview from the Sub-County Development Control Officer The Sub-County Development Control Officer welcomed the consultants stating that the availability of public land coupled with planning for various development projects is vital especially since the project at hand, had been proposed to be done in public utility areas. He explained that a preference could be done to all market areas but considerations of the project requirements, notably the size barred some trace centres from benefiting from the project. He however stated that the site for the sludge treatment facility was adequate to serve the needs for the project since the land set aside for solid waste management and wastewater management was more than enough. He then assured the consultants that the sites for all sanitation projects in Malindi had been secured and that no other development would overlap with the sanitation projects in the identified area. Overview from the Sabaki Ward Administrator The ward administrator welcomed the consultants to Sabaki ward stating that there was an improvement in the construction of pit latrines in the area since public sensitization on the importance of the facility had begun early in the year 2018. This could be attributed to the fact that the residents were given a cut-off date of having a latrine in each household before the end of the year 2018, after which dire consequences await those lacking the facility. She stated that any development project for the community is welcomed by the local community due to the profound benefits of improved hygiene and creation of employment opportunities for the locals. She however, reiterated that all squatters within the proposed project site should be adequately compensated to prevent the community from barring the implementation of the project. She added that despite ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 71 Zamconsult Consulting Engineers Ltd. June 2021 the land being public land, there were some locals who had land sale agreements and who should be considered for compensation. STAKEHOLDER CONSULTATIONS The Consultant conducted five public consultation meetings in the Malindi project area following written and verbal communication with the local administration, ward administrators as well as the MAWASCO representatives. Two separate meetings were held next to the Maweni Chief’s camp owing to the number of ablution blocks covered within the Malindi Township as well as the availability of sites in this region. The proposed sites for Ablution Blocks within Malindi Township include Takaye site, Cleopatra site, Omar Project site, Muyeye Health Centre Site as well as the Malindi General Hospital Site. The main point of concern about most of the sites was the public involvement in the project as well as the suitability of some sites. However, the WSP provided more than the required 7No. sites for the assessment and hence the best seven sites were selected depending on priority and operation and maintenance/catchment characteristics. Besides, the client (MAWASCO) conducted additional four consultative meetings to discuss and include the large 30acre piece of land assigned to MAWASCO for sanitation project by the county government of Kilifi. Below is a table showing the schedule of meetings conducted by the consultant: Selected photos of the meetings are presented in Figures 4-1 to 4-6. Detailed meeting record inclusive of minutes and attendance sheets are presented in Appendix B while summary feedback is presented in Table 4-3. Table 4-2: Summary schedule of the meetings held in Malindi Meeting Location Date Scope 1. Malindi Child 30th November -Omar Project AB Protection Centre 2018 (9.53 am) 2. Gongoni Market 11th Sept 2018 -Gongoni AB (9.30 am) 3. Malindi Child 11th Sept 2018 -Cleopatra AB Protection Centre (4.30 pm) 4. Old Livestock 13th September -Sabaki FSTF (2 acres) Offices 2018 at 2.30pm 5. MAWASCO Board 21st April 2020 - Sabaki FSTF (30acres) Room (10:36) 6. MAWASCO Board 24th April 2020 -Sabaki FSTF (30acres) Room (10:38am) ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 72 Zamconsult Consulting Engineers Ltd. June 2021 7.. Sabaki FS Site 05th May 2020 -Sabaki FSTF (30acres) (10:52am) 8. Christ The King 14th July 2020 -Sabaki FSTF (30acres) Baptist Church (10:46am) Figure 4-1: Assorted leaders giving feedback at one of the Malindi Township meetings. Figure 4-2: Public feedback on the Consultant’s presentation at Gongoni Trading ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 73 Zamconsult Consulting Engineers Ltd. June 2021 Figure 4-3: Commercial Manager (Mawasco) addressing the Members during the Sabaki Leaders Consultative Meeting Figure 4-4: Deputy Sub-county commissioner Malindi contributing to the Meeting ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 74 Zamconsult Consulting Engineers Ltd. June 2021 Figure 4-5: Kilifi County CEC Water Eng. Kingi Addressing the meeting Figure 4-6: Mr. Mwaduna (PAPs Rep.) feedback on the Mawasco’s presentation at Christ the King Church ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 75 Zamconsult Consulting Engineers Ltd. June 2021 Table 4-3: Summary feedback from public meetings No. Issues Discussions Comments 1. Site choices Commended the proposed sites, stating Areas considered during site that they are idea. Further requested for identification but failed to get additional facilities in such busy areas as public land for the Majengo Mapya and Kisumu ndogo construction. 2. Land consideration Inquired on whether the project Construction of the facilities considers buying land for the shall only be considered on construction Public land, hence no money for buying land 3. Facility operation Advised that the facilities shall be under Advised groups (youth, and management MAWASCO but shall competitively Women, Men, Physically appoint Operators who shall run the challenged) to apply for the facility under given instructions operating license 4. Compensation of -Informed that the identified project area PAPs confirmed that they the Land belonged to County government of Kilifi. were squatting on government land and willing to vacate after -Land compensation could not happen receiving compensation for but willing to compensate on their developments developments made therein 5. PAPs identification - The exercise would be conducted by the the Participants were satisfied project Consultant assisted by the Local with the response Leaders (Chiefs, assistance Chief, village elders and nyumba kumi elders as they know all the residents squatting within the 30acres. 6. meeting Participants sought to know how future -advised that all communication meetings shall be communicated communications shall be passed through the local administration and project communication and community engagement committee Mobile phone calls and messaging may also be used where need be. 7. Project duration Advised that the project is expected to appreciated the feedback start immediately with an implementation period of 24 months 8. Project Area Expected to occupy at least 3acres of land Community advised whereas the entire land needed to be secured for future expansions as well as other sanitation projects ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 76 Zamconsult Consulting Engineers Ltd. June 2021 9. Consideration for Advised that casual labourers shall be appreciated the feedback Employment sourced from within, and encourage youth to seek for employment when the works begins. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 77 Zamconsult Consulting Engineers Ltd. June 2021 5 ALTERNATIVES TO THE PROJECT This chapter highlights all alternatives that could have been considered during the design of the sanitation facility projects, including the different locations, environmental considerations as well as the technology employed in the design. The situation on the ground warrants the presence of the public facilities especially in the areas identified as high traffic public areas notably bus stops, markets and schools with inadequate or dysfunctional facilities. ABLUTION BLOCKS No Action Alternative – being a small-scale localized community project, the ablution blocks project is prone to be inclined to social benefits rather than economic benefits. This is because it is intended to be beneficial to the community rather than improve the overall economy of the project area. According to the design report, the project is meant to sustain itself both in operation and maintenance phases. As such, indirect economic benefit will occur to the community members selected to run the project as they will benefit by way of jobs. In addition, the massive traffic that lacks washroom facilities will benefit and not pollute the environment by using dubious means to relieve themselves such as doing it in the public. Design Alternative – two aspects of design could have been considered in the overall design of the ablution block as described below: • Different design for the ablution blocks targeted solely for the education institutions. This owes to the fact that the running of such a facility is different from that which is open to the public. A facility accessible to the public targets people who can pay a certain fee whose proceeds are meant to maintain the facility. A facility in an education institution for instance may access its running costs by charging the students a certain fee per term which may be included in their school fee. Also, the design of such a facility that targets a large education institution does not require additional features such as a store, shop or an office. Instead, such provisions should be modified to give additional toilet facilities to cater for the intermittent periods when large volumes of students seek access to the facility. • There could be a provision to separate black water from grey water generated by the facility. This would also require dual plumbing, a significant increase in the initial cost. The grey water could be reused especially for flashing the toilets. As such, the running costs of such a facility are likely to reduce by a significant margin. In addition, there is an option for commercial grey water treatment systems which are too expensive to treat ablution water expected to be produced at the proposed projects, in comparison to paying for piped water from the local WSP. Such a typical system would include a sand trap, an ablution water collection tank, a filtration unit, chlorination chute, and treated water collection tank. Treatment and reuse is automated using submersible pumps and timers. • The voice of the public in addition to public health officers indicated that the English-type of toilet proposed in the project is risky in terms of spread of ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 78 Zamconsult Consulting Engineers Ltd. June 2021 infections as a precautionary measure since the hygiene standards of public facilities are questionable in various cases. As such, it could be wise to alter two of the toilets to be the Asian/squatting type, while leaving one English -type to cater for the old people as well as those with special needs. Site Alternative – The sites for the project were determined by the Kilifi County Government in conjunction with the WSP (MAWASCO). In order to avoid unnecessary RAP issues, the proposed parcels fell under public utility land. However, there were occasional cases whereby the proposed locations like the Alaskan grounds and the Sinbad which proved to be ideal due to availability of sufficient catchment from the traders within its locality while the areas lacked public ablution facilities, the sites were confirmed to be private land which would have necessitated land acquisition. As such, in consultation with the public and other stakeholders, it was deemed necessary for such projects to be relocated to other suitable areas. FEACAL SLUDGE TREATMENT PLANT The Final Wastewater Master Plan for Malindi Town describes the development strategy for the long-term water-borne sanitation system comprising of a wastewater collection/conveyance system and the treatment/proper disposal of treated effluents. However, this long-term sanitation strategy is not planned for immediate implementation. In consideration of the current sanitation systems and the growing sanitation needs, an immediate intervention is urgently required. Thus, Immediate Sanitation Measures have been developed. These measures include the construction of a centralized Sludge Treatment Plant. As a long-term strategy, four alternative Wastewater Management Schemes have been formulated for Malindi Town and are briefly described below; a. Alternative 1: Centralized Scheme with a Wastewater Treatment Plant (WWTP) at Sabaki b. Alternative 2: Decentralized Scheme with 2 Nr. WWTPs at Sabaki and Shella c. Alternative 3: Decentralized Scheme with 3 Nr. WWTPs at Sabaki, Shella and Kijiwe Tanga d. Alternative 4: Centralized Scheme with a Long Sea Outfall at Sabaki No Action Alternative – being a small-scale localized community project, the sludge treatment facility project is prone to be inclined to social benefits rather than economic benefits. This is because it is intended to be beneficial to the community rather than improve the overall economy of the project area. According to the design report, the project is meant to sustain itself both in operation and maintenance phases. As such, indirect economic benefit will occur to the community members selected to run the project as they will benefit by way of jobs. In addition, all the private entities operating septic tanks will have a safe wastewater disposal option within Malindi and its environs hence profoundly conserving the environment. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 79 Zamconsult Consulting Engineers Ltd. June 2021 6 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK There are many laws and regulations governing issues of environmental concern in Kenya. The principal National legislation is the Environmental Management & Coordination Act Cap 387 typically referred to as EMCA. EMCA empowers stakeholders to participate in sustainable management of the natural resources (under Section 58). In addition, The World Bank OP 4.01 on Environmental Assessment calls for Environmental and Social Impact assessment (ESIA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. Projects likely to cause environmental impacts require that an environmental impact assessment study to be carried out. It is under this provision that the current study is being undertaken. The following is an outline of the legislative, policy and regulatory framework for which the Proponent shall observe and implement in an effort to comply with Environmental Sustainability. THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT (EMCA) The Act covers virtually all diverse environmental issues which require a holistic and coordinated approach towards its protection and preservation for the present generation without compromising the interests of the future generation to enjoy the same. Consequently, the Act provides for the legal regime to regulate, manage, protect and conserve biological diversity resources and access to genetic resources, wetlands, forests, marine and freshwater resources and the ozone layer to name a few. The Environmental Management and Coordination Act (EMCA) harmonizes the various requirements of the other existing laws and regulations by stipulating that where the provisions of any existing law conflicts with itself, then the provisions of the EMCA shall prevail. This way, the EMCA is able to minimize any conflicts in enforcement of the various environmental laws and regulations as applied to the relevant sectors. EMCA represents the culmination of a series of initiatives and activities coordinated by Government and stakeholders. It accentuates the right of every person in Kenya to live in a clean and healthy environment and obliges each and every one to safeguard and enhance the environment. It is the master plan for the environment in Kenya and contains a National Environment Policy, Framework Environmental Legislation and Environmental Strategy. The Act consists of Sectoral Plans for the medium and long term intended to lead to sustainable development in the country. EMCA puts special emphasis on environmental management, pollutions and nuisances, and the necessity to safeguard the well-being of the populations. The second schedule of EMCA stipulates that an EIA is required for:  Any structure of a scale not in keeping with its surrounding  Waste disposal works such as sites for solid waste disposal.  Works emitting offensive odours ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 80 Zamconsult Consulting Engineers Ltd. June 2021 The financing institutions (The World Bank through its IFC branch) have also developed a policy on social and environmental sustainability that calls for positive development outcomes in the public and private sector. In order to achieve this, the World Bank has set up performance standards on environmental and social sustainability as well as general and industry specific environmental, health and safety guidelines against which projects are reviewed. The thrust of the standards is to ensure that projects financed by the bank are developed in a manner that is socially responsible and reflect sound environmental management practices. Environmental and Social Impact Assessments (ESIAs) are carried out in order to identify potential positive and negative impacts associated with a proposed project. The aim is to amplify the positive impacts and develop mitigation measures for the negative ones. The ESIA also ensures that baseline environmental and socio-economic data for the proposed project is collected and used in the design of projects financed by the bank. Also, this data is used for monitoring and evaluating project impacts during the project cycle. It is a requirement by both NEMA and the World Bank that a clear management plan and action plan that describes and prioritizes the actions required implementing mitigation measures are put in place. The government of Kenya has established regulations to facilitate the process on ESIAs and environmental audits. The regulations are contained in Kenya Gazette Supplement No. 56, legislative, Supplement No.31, Legal Notice No.101 of 13th June 2003 and Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2016. In Kenya, it is a legal requirement that any proposed project of the scale described in this report should undergo an Environmental and Social Impact Assessment. These requirements are stipulated in the Environmental Management and Coordination Act (EMCA 1999) and EIA/EA Regulations 2003. This section outlines the Policy, Legal and Institutional framework pertaining to the proposed development project. THE ENVIRONMENT MANAGEMENT & COORDINATION ACT (EMCA) CAP 387 AND ITS TOOLS The most pertinent and overriding statute that will be evoked is the Environmental Management and Coordination Act (EMCA Cap 387 -2012 revised version of EMCA 1999). EMCA 1999 was enacted in 2000 to harmonize environmental legislation previously scattered among 77 national laws. As the principal environmental legislation in Kenya, EMCA sets the legal framework for environmental management basically as follows: 1) Requirement for Environmental Impact Assessments for all new projects Section 58 of the Environmental Law requires that an Environmental Impact Assessment (EIA) study precede all development activities proposed to be implemented in Kenya. The Act further requires that EIA studies so designed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003) as published by the National Environmental Management Authority (NEMA). It is for this reason that CWWDA instructed the consultant to carry ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 81 Zamconsult Consulting Engineers Ltd. June 2021 out an environmental and social impact assessment on the project. CWWDA ensures that for all proposed projects an environmental and social impact assessment is carried out Requirement for Annual Environmental Audits In order to mitigate and control environmental damage from ongoing projects, Sections 68 and 69 of the EMCA require that all ongoing projects be subjected to annual environmental audits as further expounded in Regulation 35 (1) and (2) of Legal Notice 101 of June 2003. CWWDA is committed in ensuring environmental safeguard and requires consultants to submit quarterly and annual environmental audit reports for all on-going projects. The Environmental Impact Assessment is guided by the Environmental Management and Co-ordination Act, 1999 through the National Environment Management Authority (NEMA) The preparation of the EIA study and subsequent approval procedures are set out in the EIA Study, legal notice 101 of 2003. According to the regulations, an EIA study should incorporate but not limited to the following: -  The proposed location of the project  The objective of the project  The technology, procedures and process to be used in the implementation of the project.  The materials to be used in the construction and implementation of the project.  The products and by-products and waste generated by the project.  The environmental effects of the project including the socio-cultural impacts, effects and direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated.  A concise description of national environmental legislative and regulatory framework, baseline information and any other information related to the project.  A description of the potentially affected environment.  Alternative technologies and processes available and reasons for preferring the chosen technology and processes.  An analysis of alternatives including project sites, design and technologies and reasons for preferring the proposed site, design and technologies.  An Environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment, including the cost, time frame and responsibility to implement the measures.  The provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the cause of carrying out activities.  The measures to prevent health hazards and to ensure security in the working environment for the employees and for the management of emergencies.  An identification of gaps in the knowledge and uncertainties which were encountered in compiling the information.  An economic and social analysis of the project.  An indication of whether the environment of any other state is likely to be affected and the available alternative and mitigating measures. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 82 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Impact Assessment and Audit Regulation 2003 (Legal Notice 101 of 2003) Environmental Impact Assessment is a tool for environmental conservation and has been identified as a key component in on-going project execution. Section 58 of the Environmental Management and Coordination Act (EMCA Cap 387), Second Schedule 12(c & e), and Environmental (Impact Assessment and Audit) Regulation 2003, stipulate that both new and old projects must undergo Environmental Impact Assessment and Audits. The risk assigned to this project can be classified as risk on the ecological considerations especially for the sludge site; social risk as economic activities shall be displaced; Landscape change as it paves way for the project; land use shall alter eg multiple use; and water resources shall also be affected due to seepage of the filtrate from soak pits to the underground water sources. This is necessary as many forms of developmental activities cause damage to the environment and hence the greatest challenge today is to maintain sustainable development without interfering with the environment. There are many environmental problems and challenges in Kenya today among them land degradation, water management and environmental pollution. This is aggravated by lack of awareness and inadequate information amongst the public on the consequences of their interaction with the environment. According to Kenya Subsidiary Legislation, 2003-part V of the EIA and EA regulation, provides for environment Audit and monitoring. The notice recommends the need for enhanced reuse/recycling of residues including waste water and use of non- waste technologies. It recommends participation of stakeholders in the management of wastes within their localities. It encourages better planning in both urban and rural areas and provision of basic needs such as water, drainage and waste disposal facilities. The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2013 (Gazette Notice No. 13211 of 2013) Pursuant to regulation 48 of the Environmental (Impact Assessment and Audit) Regulations, 2003, as read with paragraph 4 of the fifth schedule thereof. The Environmental Impact Assessment fees payable has been reviewed as follows: The EIA fees required for submission of EIA reports to NEMA for review and approval in order to obtain a NEMA license have been scrapped off. Water Quality Regulations (2006) Water Quality Regulations apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes. Different standards apply to different modes of usage. These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. Everyone is required to refrain from any actions, which directly or indirectly cause water pollution, whether or not the water resource was polluted before the enactment of the Environmental Management and Coordination Act (EMCA) gazetted in 1999. It is an offence to contravene the provisions of these regulations with a fine not exceeding five hundred thousand shillings. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 83 Zamconsult Consulting Engineers Ltd. June 2021 According to these regulations, “Every person shall refrain from any action which directly or indirectly causes, or may cause immediate or subsequent water pollution, and it shall be immaterial whether or not the water resource was polluted before the enactment of the Act”. The Environmental Management and Coordination (waste management) Regulation, 2006 The Waste Management Regulations are meant to streamline the handling, transportation and disposal of various types of waste. The aim of the Waste Management Regulations is to protect human health and the environment. The regulations place emphasis on waste minimization, cleaner production and segregation of waste at source. The regulation requires licensing of transporters of wastes and operators of disposal site (sections 7 and 10 respectively). In section 14 (1) every trade or industrial undertaking is obliged to install anti- pollution equipment for the treatment of waste emanating from such trade or industrial undertaking. The Developer shall ensure that the garbage collector contracted has a valid license from the National Environment Management Authority (NEMA). EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009 These Regulations determine that no person or activity shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. In determining whether noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered:  Time of the day;  Proximity to residential area;  Whether the noise is recurrent, intermittent or constant;  The level and intensity of the noise;  Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and,  Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise. These regulations also relate noise to its vibration effects and seek to ensure no harmful vibrations are caused by controlling the level of noise. Any person(s) intending to undertake activities in which noise is suspected to be injurious or endangers the comfort, repose, health or safety of others and the environment must make an application to NEMA and acquire a license subject to payment of requisite fees and meeting the license conditions. Failure to comply with these regulations attracts a fine of KES 350,000 or 18 months jail term or both. Environmental Management and Coordination (Air Quality) Regulations, 2014 The objective of these Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. The general prohibitions state that no person shall cause the emission of air pollutants listed under First Schedule (Priority ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 84 Zamconsult Consulting Engineers Ltd. June 2021 air pollutants) to exceed the ambient air quality levels as required stipulated under the provisions of the Seventh Schedule (Emission limits for controlled and non-controlled facilities) and Second Schedule (Ambient air quality tolerance limits). WATER ACT 2016 This Act repealed the Water Act of 2002. It makes provision for the provision of clean and safe water in adequate quantities and to reasonable standards of sanitation for all citizens. The Act highlights the fact that the area service provider MAWASCO will be under the jurisdiction of the County, in accordance to the regulations set out by the Water Services Regulatory Board. This regulatory board will also determine the water tariffs in the area. This Act will particularly impact the operation of the project, highlighting the roles of the major stakeholders in the operation of the facilities. THE PUBLIC HEALTH ACT (CAP. 242) Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance. Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances The Act addresses matters of sanitation, hygiene and general environmental health and safety. THE LAND ACT, NO. 6 OF 2012 Under section 19. (1) The Commission shall make rules and regulations for the sustainable conservation of land based natural resources. (2) Without limiting what the Commission may prescribe under subsection (1), the rules and regulations may contain; (a) Measures to protect critical ecosystems and habitats; (b) Incentives for communities and individuals to invest in income generating natural resource conservation programmes; (c) Measures to facilitate the access, use and co- management of forests, water and other resources by communities who have customary rights to these recourses; (d) Procedures for the registration of natural resources in an appropriate register; (e) Procedures on the involvement of stakeholders in the management and utilization of land- based natural resources; and (f) Measures to ensure benefit sharing to the affected communities. This act is relevant especially in the Sabaki proposed sludge site where the natural resources such as trees need to be conserved or replaced after project implementation. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 85 Zamconsult Consulting Engineers Ltd. June 2021 Land registration under land act, 2012 Under section 5 (1) of the land act, 2012 there shall be the following forms of land tenure- (a) Freehold; (b) Leasehold; (c) Such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and (d) Customary land rights, where consistent with the Constitution. (2) There shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Title to land may be acquired through; (a) Allocation; (b) Land adjudication process; (c) Compulsory acquisition; (d) Prescription; (e) Settlement programs; (f) Transmissions; (g) Transfers; (h) long term leases exceeding twenty-one years created out of private land; or (i) Any other manner prescribed in an Act of Parliament. Under section 8 (a), the Land Commission shall identify public land, prepare and keep a database of all public land, which shall be geo-referenced and authenticated by the statutory body responsible for survey; (d) May require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument. Section 9 (1) states that any land may be converted from one category to another in accordance with the provisions of this Act or any other written law. (2) Without prejudice to the generality of subsection (1); (a) Public land may be converted to private land by alienation; (b) Subject to public needs or in the interest of defence, public safety, public order, public morality, public health, or land use planning, public land may be converted to community land; (c) Private land may be converted to public land by; i. Compulsory acquisition; ii. Reversion of leasehold interest to Government after the expiry of a lease; and iii. Transfers; or iv. Surrender. (d) Community land may be converted to either private or public land in accordance with the law relating to community land enacted pursuant to Article 63(5) of the Constitution. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 86 Zamconsult Consulting Engineers Ltd. June 2021 (3) Any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or county assembly as the case may be. All the parcels of land considered for the proposed projects under WSDP are public land belonging to the County Government of Kilifi, as per the client. Way leaves under land act, 2012 Subject to and in accordance with section143 (1) and section 146, the Commission may, create a right of way which shall be known as public right of way. 144.(1) Unless the Commission is proposing on its own motion to create a way leave, an application, for the creation of a wayleave, shall be made by any State department, or the county government, or public authority or corporate body, to the Commission. (2) An application shall be made in the prescribed form and shall be accompanied by any prescribed information or other information that the Commission may, in writing require the applicant to supply and the Commission shall not begin the process of creating a way leave until all prescribed or required information has been submitted to it. (3) In order to enable a proposed way leave to be created by the Commission of its own motion to comply with the provisions of this section, the Commission shall complete an application form as if it were applying to create a way leave and references to "the applicant" in this Sub-part in relation to an application to create a way leave shall be taken to apply as well to the Commission. (4) The applicant shall serve a notice on: - (a) all persons occupying land over which the proposed way leave is to be created, including persons occupying land in accordance with customary pastoral rights; (b) The county government in whose area of jurisdiction land over which the proposed way leave is to be created is located; (c) All persons in actual occupation of land in an urban and per-urban area over which the proposed way leave is to be created; and (d) Any other interested person. (5) The Commission shall publish the application along the route of the proposed way leave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed way leave is likely to be created. A county government, an association, or any group of persons may make an application to the commission for a communal right of way on accordance to section 145 (1). Land acquisition under land acts 2012 Under section 110 (1) of Land Acts 2012 Land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfilment of the stated public purpose. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 87 Zamconsult Consulting Engineers Ltd. June 2021 Part 2 of this section states that if, after land has been compulsorily acquired the public purpose or interest justifying the compulsory acquisition fails or ceases, the Commission may offer the original owners or their successors in title pre-emptive rights to re-acquire the land, upon restitution to the acquiring authority the full amount paid as compensation. Section 111 (1) states that if land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The commission shall make rules to regulate the assessment of just compensation. Likewise, where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to section 113 (1). (2) Subject to Article 40 (2) of the Constitution and section 122 and 128 of this Act, an award- (a) Shall be final and conclusive evidence of-  The size of the land to be acquired;  The value, in the opinion of the Commission, of the land;  The amount of the compensation payable, whether the persons interested in the land have or have not appeared at the inquiry; and (b) Shall not be invalidated by reason only of a discrepancy which may thereafter be found to exist between the area specified in the award and the actual area of the land. Section 124 of the Act allows for the temporary acquisition of land for public purpose or public interest; or for, the possession of the land is necessary in the interests of defence, public safety, public order, public morality, public health, urban planning, or the development or utilization of any property in such manner as to promote the public benefit; for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before as per section 125. The compensation to be paid under section 120 shall be limited to the damage done to trees, plants, growing crops and permanent improvements on the land, together with a periodical sum for diminution in the profits of the land and of adjoining land by reason of that use. 148. (1) Subject to the provisions of this section, compensation shall be payable to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a way leave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer. (2) Compensation relating to a way leave or communal right of way shall not be paid to a public body unless there is a demonstrable interference of the use of the land by that public body. (3) Damage caused as a result of the creation of a way leave shall include any preliminary work undertaken in connection with surveying or determining the route of that way ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 88 Zamconsult Consulting Engineers Ltd. June 2021 leave, and whether the trees, crops or buildings so damaged were included in the route of the way leave as delineated in the order of the Cabinet Secretary. (4) The duty to pay compensation payable under this section shall lie with the State Department, county government, public authority or corporate body that applied for the public right of way and that duty shall be complied with promptly. (5) If the person entitled to compensation under this section and the body under a duty to pay that compensation are unable to agree on the amount or method of payment of that compensation or if the person entitled to compensation is dissatisfied with the time taken to pay compensation, to make, negotiate or process an offer of compensation, that person may apply to the Court to determine the amount and method of payment of compensation and the Court in making any award may, make any additional costs and inconvenience incurred by the person entitled to compensation . (5) The Commission shall make Regulations prescribing the criteria to be applied in the payment of compensation under this section and to give effect to this section. THE CONSTITUTION OF KENYA 2010 Environmental obligations and rights Article 42 states that every person has the right to a clean and healthy environment, which includes the right; (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) To have obligations relating to the environment fulfilled under Article 70. Section 43 (d) every person has the right to clean and safe water in adequate quantities; Under Article 69 (1) The State shall — (a) Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) Encourage public participation in the management, protection and conservation of the environment; (e) Protect genetic resources and biological diversity; (f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) Eliminate processes and activities that are likely to endanger the environment; and (h) Utilise the environment and natural resources for the benefit of the people of Kenya. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 89 Zamconsult Consulting Engineers Ltd. June 2021 (2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. 70. (1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate –– (a) to prevent, stop or discontinue any act or omission that is harmful to the environment; (b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) To provide compensation for any victim of a violation of the right to a clean and healthy environment. (3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury. Classification of land Under Article 61 (1) all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals. (2) Land in Kenya is classified as public, community or private. 62. (1) Public land is (a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date; (b) Land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private lease; (c) Land transferred to the State by way of sale, reversion or surrender; (d) Land in respect of which no individual or community ownership can be established by any legal process; (e) Land in respect of which no heir can be identified by any legal process (f) All minerals and mineral oils as defined by law; (g) government forests other than forests to which Article 63 (2)(d) (i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas; (h) All roads and thoroughfares provided for by an Act of Parliament; (i) All rivers, lakes and other water bodies as defined by an act of parliament; (j) The territorial sea, the exclusive economic zone and the sea bed; (k) The continental shelf; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 90 Zamconsult Consulting Engineers Ltd. June 2021 (l) All land between the high and low water marks; (m) Any land not classified as private or community land under this Constitution; and (n) Any other land declared to be public land by an Act of Parliament; (i) in force at the effective date; or (ii) enacted after the effective date. (4) Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use. Section 63 (1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. (3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held. (4) Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively. 64. Private land consists of; (a) registered land held by any person under any freehold tenure; (b) Land held by any person under leasehold tenure; and (c) Any other land declared private land under an Act of Parliament. LEGAL FRAMEWORK OF THE GOK IN REGARD TO LAND OWNERSHIP AND TRANSACTIONS Legal Provision Governing Voluntary Land Transactions in Kenya Towards safeguarding this unalienable constitutional right, legal provisions on land registration and ownership have been put in place as follows: 1) State-owned land State owned land is governed by diverse laws depending on the purpose for reservation. The Land Act, 2012 This is the substantive law governing land in Kenya and provides legal regime over administration of public and private lands. It also provides for the acquisition of land for public benefit. The government has the powers under this Act to acquire land for projects, which are intended to benefit the general public. The Project proposed will be implemented within government land and along road reserves. However, a Resettlement Action Plan report has been prepared for compensation of likely assets and sources of livelihood that might be affected by the Project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 91 Zamconsult Consulting Engineers Ltd. June 2021 Forest Conservation and Management Act 2016 (No. 34) An Act of Parliament to give effect to Article 69 of the Constitution with regard to forest resources; to provide for the development and sustainable management, including conservation and rational utilization of all forest resources for the socioeconomic development of the country and for connected purposes. This Act makes provision for the conservation and management of public, community and private forests and areas of forest land that require special protection, defines the rights in forests and prescribes rules for the use of forest land. It also makes provision for community participation of forest lands by community forest association, the trade in forest products, the protection of indigenous forests and the protection of water resources. Wildlife Conservation and Management Act, 2013: Nature Reserves and National Parks are controlled by the Kenya Wildlife Service under the Wildlife Conservation and Management Act of 2013. The common feature with all land reserved for use by wildlife is that its conversion to any other form must be approved by parliament. Museums and National Monuments: Quite often, sites of historical and cultural importance are gazetted and reserved under the Museums and National Monuments Act. Such land is never available for alternative uses. Riparian Reserves and Water Courses: All riparian reserves in Kenya governed by the Water Act of 2016 which empowers the Water Resources Authority (WRA) to define, conserve and regulate activity in riparian areas. Road reserves All road reserves are public land reserved under the Physical Planning Act Cap 286. Road Reserves are unique as public utility lands where all infrastructure lines such as for water supply and sanitation, power and telecommunication will be found. Community Lands Community land is defined as land held in trust for the community by the County Government in Article 63 of the Constitution 2010 and the community lands Act, 2016. The Community Lands Act governs the administration of community land as described in Article 63 of the Constitution. Private Land: Land ownership held by natural or legal persons. The Ministry of Lands is tasked with the registration of any interest in private land. It is classified into the following land tenure system: ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 92 Zamconsult Consulting Engineers Ltd. June 2021  Freehold land tenure system which gives the holder absolute ownership of the land for life. A freehold title deed generally has no restrictions as to the use and occupation of the land. However, there are some conditional freeholds which may restrict the use of land for agricultural uses only.  Leasehold land tenure system which is the interest in land for a specific period subject to payment of land rent to the government and land rates to the county governments. Once a lease expires, the land reverts to the owner or the leaseholder can apply for a renewal or extension of the lease. Legal Provision for Involuntary Land Acquisition in Kenya This section seeks to highlight major provisions related to Kenya’s land legislation with regards to compulsory land acquisition and involuntary resettlement. It provides a brief overview of Kenya’s Land Policy, Kenyan Constitution 2010 and related provisions connected with land use, planning, acquisition, management and tenure, and more specifically the legislation related with land expropriation or acquisition, land valuation and land replacement. Table 6-1: Summary of relevant legal statutes applicable to WSDP Legal Framework Functional Relationship to Resettlement Constitution of Constitution of Kenya 2010 recognizes individuals’ right to Kenya 2010 acquire and own property provided they are citizens of the country in article 40. However, Article 66 of the same provides for the State to regulate the manner in which these rights may be curtailed for the benefit of the general public. Article 47 of the Constitution provides for administrative action to override the individual rights but the victim has to be given written reason for the action taken that undermines the right. The Land Act 2012 It is the substantive law governing land in Kenya and provides Laws of Kenya legal regime over administration of public and private lands. It also provides for the acquisition of land for public benefit. The government has the powers under this Act to acquire land for projects, which are intended to benefit the general public. The projects requiring resettlement are under the provision of this Act. Land Registration The law provides for the registration of absolute proprietorship Act, 2012 interests over land (exclusive rights) that has been adjudicated or any other leasehold ownership interest on the land. Such land can be acquired by the state under the Land Act 2012 in the project area. National Land The act establishes the National Land Commission with the Commission Act purpose of managing public land and carrying out compulsory 2012 acquisition of land for specified public purposes. Land Adjudication Provides for ascertainment of interests prior to land Act Chapter 95 registrations under the Land Registration Act 2012 through an Laws of Kenya adjudication committee that works in liaison with adjudication officers. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 93 Zamconsult Consulting Engineers Ltd. June 2021 The Valuers Act The act establishes valuers registration board, which has the 532 responsibility of regulating the activities and conduct of registered valuers in accordance with the provision of the act. Environment and This act establishes Environment and Land Court, a court with Land Court Act, status of high court which shall facilitate the just, expeditious, 2011 proportionate and accessible resolution of disputes related to land and environment, including compulsory land acquisition, land tenure, titles, boundaries, compensation, valuations, rates, land use and environmental planning. Community Land Provides for allocation, management and administration of Act 2016 community land. THE HIV AND AIDS PREVENTION AND CONTROL ACT This Act commenced in March of 2009. It is an Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the protection and promotion of public health and for the appropriate treatment, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and for connected purposes. The object and purpose of this Act is to- (a) Promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS; (b) Extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights and civil liberties by- • Prohibiting compulsory HIV testing save as provided in this Act; • Guaranteeing the right to privacy of the individual; • Outlawing discrimination in all its forms and subtleties against persons with or persons perceived or suspected of having HIV and AIDS; • Ensuring the provision of basic health care and social services for persons infected with HIV and AIDS; (c) Promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission; and (d) Positively address and seek to eradicate conditions that aggravate the spread of HIV infection. In this Act, unless the context otherwise requires- "Acquired Immune Deficiency Syndrome (AIDS)" means a condition characterized by a combination of signs and symptoms, resulting from depletion of the immune system caused by infection with the Human Immuno- Deficiency Virus (HIV); "anonymous testing" means an HIV testing procedure whereby the person being tested does not reveal his true identity but instead, an identifying number or symbol is used which allows the testing center and the tested person to match the test results with the identifying number or symbol; "Human Immunodeficiency Virus (HIV)" means the virus which causes AIDS; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 94 Zamconsult Consulting Engineers Ltd. June 2021 "Person with HIV and AIDS" means a person whose HIV test indicates, directly or indirectly, that he is infected with HIV and AIDS; "Positive", in relation to the result of an HIV test, means a result which shows that the person who is tested is infected with HIV or which shows evidence of such infection; "Post exposure prophylaxis" means the administration of one or a combination of anti- retroviral drugs after probable exposure to HIV, for the purpose of preventing transmission; "post-test counselling" refers to the process of providing a person who submitted themselves for an HIV test with risk-reduction information and emotional support at the time the test result is released; "pre-test counselling" means the process of providing a person, before such person undergoes an HIV test, with information on the biomedical aspects of HIV and AIDS and emotional support with respect to the psychological implications of undergoing an HIV test; "self-testing" in relation to HIV infection, means a prescribed test or series of tests carried out entirely by a person on self without the involvement of another person, which determine whether a person is infected with HIV; "Testing center" means a testing center approved by the Minister under section 16; Part II of the Act stipulates as follows: 4. (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information campaign conducted by the Government through its various Ministries, Departments, authorities and other agencies. (2) The educational and information campaign referred to in subsection (1) shall- (a) Employ scientifically proven approaches; (b) Focus on the family as the basic social unit; (c) Encourage testing of individuals; and (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya. In Part IV - Testing, Screening and Access Health Care Services, it states as follows: - 13. (1) Subject to this Act, no person shall compel another to undergo an HIV test. (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV test as a precondition to, or for continued enjoyment of- (a) Employment; (b) Marriage; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 95 Zamconsult Consulting Engineers Ltd. June 2021 (c) Admission into any educational institution; (d) Entry into or travel out of the country; or (e) The provision of healthcare, insurance cover or any other service. (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under the Sexual Offences Act, 2006 may be compelled to undergo an HIV test. (4) A person who contravenes any of the provisions of this section commits an offence. 16. (1) No person shall carry out an HIV test except in a testing center approved by the Minister under this section or in the manner specified under paragraph (d) of subsection (4). (2) No person shall carry out an HIV test unless such person is a healthcare provider approved by the Minister for that purpose. (3) No person shall provide pre-test or post-test counselling for the purposes of section 17 unless such person is approved by the Minister under this section. 17. (1) Every testing center shall provide pre-test and post-test counselling to a person undergoing an HIV test and any other person likely to be affected by the results of such test. 18. The results of an HIV test shall be confidential and shall only be released- (a) To the tested person; (b) In the case of a child, to a parent or legal guardian of such child; Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall be released to the child; or (c) In the case of a person with a disability which, in the opinion of the medical practitioner undertaking the test, renders him incapable of comprehending such result to- (i) The guardian of that person; (ii) A partner of that person; (iii) A parent of that person; or (iv) An adult offspring of that person In Part V – Confidentiality, (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or related medical assessments of another person otherwise than in accordance with the privacy guidelines prescribed under this section. 22. (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any other person except- (a) With the written consent of that person; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 96 Zamconsult Consulting Engineers Ltd. June 2021 (b) If that person has died, with the written consent of that person's partner, personal representative, administrator or executor; (c) If that person is a child, with the written consent of a parent or legal guardian of that child: Part VI - Transmission of HIV 24. (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus shall- (a) Take all reasonable measures and precautions to prevent the transmission of HIV to others; and (b) Inform, in advance, any sexual contact or person or with whom needles are shared of that fact. (2) A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV shall not, knowingly and recklessly, place another person at risk of becoming infected with HIV unless that other person knew that fact and voluntarily accepted the risk of being infected. (3) A person who contravenes the provisions of subsections (1) or (2) commits an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. (4) A person referred to in subsection (1) or (2) may request any medical practitioner or any person approved by the Minister under section 16 to inform and counsel a sexual contact of the HIV status of that person. (5) A request under subsection (4) shall be in the prescribed form. Part VIII - Discriminatory Acts and Policies 31. (1) Subject to subsection (2), no person shall be- (a) Denied access to any employment for which he is qualified; or (b) Transferred, denied promotion or have his employment terminated, on the ground only of his actual, perceived or suspected HIV status. (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that the requirements of the employment in question are that a person be in a particular state of health or medical or clinical condition. 33. (1) A person's freedom of abode, lodging, or travel, within or outside Kenya shall not be denied or restricted on the grounds only of the person’s actual, perceived or suspected HIV status. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 97 Zamconsult Consulting Engineers Ltd. June 2021 (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the grounds only of the person's actual, perceived or suspected HIV status. 34. No person shall be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status. 35. (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services. (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer shall not be required to disclose his or her HIV status. (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an HIV test. NATIONAL LEGAL PROVISIONS ON GENDER Gender issues in the country are institutionalized through The current newly enacted Constitution Vision 2030 Flagship projects The Presidential Directive of 2006 on 30% women's’ appointments to all positions of leadership employment and promotions MTPs handbook has gender outcome indicators The National Gender Policy 2000 Sessional Paper No.2 of 2006 Gender Department in the Ministry for Gender Children and Social Development. The National Commission on Gender and Development enacted through an Act of Parliament in 2003 is mandated to Monitor Government Implementation of its Commitments to Women’s Rights and Gender issues Employment Act, No. 11 of 2007: The Act prohibits discrimination in access to employment and in employment security on the basis of sex, among others Guarantees equality of opportunity in employment Provides for equal pay for work of equal value Prohibits sexual harassment which the law defines to include use of language, whether written or spoken, of a sexual nature ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 98 Zamconsult Consulting Engineers Ltd. June 2021 A National Framework on Gender-based Violence. The government through the National Commission on Gender and Development has developed a National Framework on Gender Based Violence (February 2009) to form that basis of investigation of instances of sexual violence and strengthen coordination of responses to stem the vice Launch of same on 09.11.2009 by Minister for Gender, children and social development The Sexual Offences Bill FGM Policy being developed National Gender and Development Policy (2000) The National Gender and Development Policy provide a framework for advancement of women and an approach that would lead to greater efficiency in resource allocation and utilization to ensure empowerment of women. The National Policy on Gender and Development is consistent with the Government’s efforts of spurring economic growth and thereby reducing poverty and unemployment, by considering the needs and aspirations of all Kenyan men, women, boys and girls across economic, social and cultural lines. The policy is also consistent with the Government’s commitment to implementing the National Plan of Action based on the Beijing Platform for Action (PFA). The overall objective of the Gender and Development Policy is to facilitate the mainstreaming of the needs and concerns of men and women in all areas in the development process in the country. The Policy’s concerns cover the following critical areas i) The Economy; -To enable men and women to have equal access to economic and employment opportunities. ii) Poverty and Sustainable Livelihoods; - To remove obstacles to women’s access to and control over productive assets, wealth and economic opportunities, shelter, safe drinking water, and promote measures for conserving the environment. iii) Law; - To guarantee Kenyan men and women equality before the law, as provided for in the Constitution and under the obligations of the Kenyan State in international law. iv) Political Participation and Decision- Making; - To enhance gender parity in political participation and decision - making v) Education and Training; - To enhance and sustain measures to eliminate gender disparities in access, retention, transition and performance in education for both boys and girls vi) Health and Population; - To achieve the highest attainable standard of health for both men and women through addressing gender inequalities pertaining to access and use of basic health services and facilities at an affordable cost. vii) The Media; - To increase the participation of women in the media and communications sector and promote gender sensitive portrayal of both men and women in the media viii) Policy Implementation Framework and Resource Mobilisation- empowering both men and women to be equal partners in development- It focuses ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 99 Zamconsult Consulting Engineers Ltd. June 2021 on the elimination of existing disparities between the two genders. It also advocates for an affirmative action to address gender disparities. The New Constitution of August 2010 on Gender In the New Constitution, Chapter Four––The Bill of Rights, Section 21 (3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities Section 27 (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. Part 2 on the Composition and Membership of Parliament, Section 97 (1) The National Assembly consists of, a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; Section 98. (1) The Senate consists of— (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; Section 100 Parliament shall enact legislation to promote the representation in Parliament of— (a) Women; Section 127 (1) There is established the Parliamentary Service Commission. (2) The Commission consists of— (a) The Speaker of the National Assembly, as chairperson; (b) A vice-chairperson elected by the Commission from the members appointed under paragraph (c); (c) Seven members appointed by Parliament from among its members of whom— (i) Four shall be nominated equally from both Houses by the party or coalition of parties forming the national government, of whom at least two shall be women; In Chapter Thirteen, on the Public Service, Part 1—Values and Principles of Public Service Section 232 (1) the values and principles of public service include—(i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of–– (i) Men and women; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 100 Zamconsult Consulting Engineers Ltd. June 2021 (ii) The members of all ethnic groups; and (iii) Persons with disabilities. Section 232 (2) the values and principles of public service apply to public service in— (a) All State organs in both levels of government; and (b) All State corporations (3) Parliament shall enact legislation to give full effect to this Article. In the composition, appointment and terms of office, the new constitution says that the chairperson and vice-chairperson of a commission shall not be of the same gender. In addition, clause (8) says that the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. The new constitution provides for the elimination of gender discrimination in law, customs and practices related to land and property. Under Kenya's previous law, inheritance was governed by customary law, often preventing women from inheriting property from their parents or laying claim to joint assets when their husbands died. In summary, the New Constitution provides as follows- The New Kenyan Constitution ensures that women will be able to pass on citizen ship to their children regardless of whether or not they are married to Kenyans. Article 14 (1) The New Kenyan Constitution provides that parties to a marriage will be entitled to equal rights at the time of marriage, during the marriage and at its dissolution. Article 45 (3) The New Kenyan Constitution assures that parental responsibility shall be shared between parents regardless of marital status. Article 53 (1) (e). The New Kenyan Constitution eliminates gender discrimination in relation to land and property and gives everyone including women the right to inheritance and unbiased access to land. Article 60 (1) (f). The New Kenyan Constitution provides for the enactment of legislation for the protection of matrimonial property with special interest on the matrimonial home during, and upon the termination of the marriage. Article 68 (c) (iii). The New Kenyan Constitution maintains a one third requirement for either gender in elective bodies giving women of Kenya at least 1/3 minimum in elective public bodies. Article 81 (b). The New Kenyan Constitution ensures that gender equality is maintained in political parties providing a basic requirement for political parties as amongst other to respect and promote gender equality. Article 91 (f) The New Kenyan Constitution provides that Parliament shall formulate law to promote the representation of women, persons of disabilities, ethnic and other minorities and marginalized communities in Parliament. Article 100. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 101 Zamconsult Consulting Engineers Ltd. June 2021 The New Kenyan Constitution ensures that women and men will have the right to equal treatment and opportunities in political, economic, cultural and social spheres without discrimination. Article 27 (3). The New Kenyan Constitution accords the right to health including reproductive health to all. Article 43 (1) (a). The New Kenyan Constitution affords adequate and equal opportunities for appointment, training and advancement for women and men at all levels within the Public Service Commission. Article 232 (i). The Sexual Offences Act (NO 3 of 2006) Relevant Sections include: - 24- Sexual offences relating to position of authority and persons in position of trust. 25- Sexual relationship which pre-date position of authority or trust. 26- Deliberate transmission of HIV or any other life threatening sexually transmitted disease. THE OCCUPATIONAL HEALTH AND SAFETY ACT, 2007 This is an Act of Parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act has the following functions among others: Secures safety and health for people legally in all workplaces by minimization of exposure of workers to hazards (gases, fumes & vapours, energies, dangerous machinery/equipment, temperatures, and biological agents) at their workplaces. Prevents employment of children in workplaces where their safety and health are at risk. Encourages entrepreneurs to set achievable safety targets for their enterprises. Promotes reporting of work-place accidents, dangerous occurrences and ill health with a view to finding out their causes and preventing of similar occurrences in future. Promotes creation of a safety culture at workplaces through education and training in occupational safety and health. Failure to comply with the OSHA, 2007 attracts penalties of up to KES 300,000- or 3- months jail term or both or penalties of KES 1,000,000- or 12-months jail term or both for cases where death occurs and is in consequence of the employer THE COUNTY GOVERNMENTS ACT, 2012 This is an act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions and responsibilities to deliver services and for connected purposes According to section 103 the objectives of county planning shall be to; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 102 Zamconsult Consulting Engineers Ltd. June 2021 (a) Protect the historical and cultural heritage, artefacts and sites within the county; and (b) Make reservations for public security and other critical national infrastructure and other utilities and services; (c) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya as provided in Article 69 of the Constitution; and (d) Develop the human resource capacity of the county. Under section 104, (1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. (2) The county planning framework shall integrate economic, physical, social, environmental and spatial planning. (3) The county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. (4) To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. Under section 111, (1) For each city and municipality there shall be; the (a) City or municipal land use plans; (b) City or municipal building and zoning plans; (c) City or urban area building and zoning plans; (d) Location of recreational areas and public facilities. (2) A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality. (3)A city or municipal plan shall, within a particular city or municipality, provide for; (a) Functions and principles of land use and building plans; (b) Location of various types of infrastructure within the city or municipality; (c) Development control in the city or municipality within the national housing and building code framework. (4) City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. (5) City or municipal land use and building plans shall be the regulatory instruments for guiding and facilitating development within the particular city or municipality. (6) Each city or municipal land use and building plan shall be reviewed every five years and the revisions approved by the respective county assemblies. Under section 115, (1) Public participation in the county planning processes shall be mandatory and be facilitated through; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 103 Zamconsult Consulting Engineers Ltd. June 2021 (b) Provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including; (i) clear strategic environmental assessments; (ii) Clear environmental impact assessment reports; (iii) Expected development outcomes; and (iv) Development options and their cost implications. (2) Each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall adhere to minimum national requirements. Since all parcels of land considered for this project are within the public land belonging to the county government of Kilifi, it implies that they are subject to the regulations of the County. Further, the client being a parastatal under the county government implies that the County only provides verification of land ownership as required by the financier. Anything further than that should just be the support needed for the implementation of the project as well as the proper running of the same. The Physical and land use planning Act, 2019 Under the Physical and Land Use Planning Act, physical development activities are supposed to be carried out according to the physical plans. The Act provides for the preparation and implementation of physical development plans and for related purposes. It gives provisions for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use and development of land. Accordingly, the processes of physical planning involve two stages; the plan making stage and the development control stage. The former involves drawing the actual plan to indicate the various activities and zones whereas the latter involves the process of determining applications by developers to carry out specific development activities. Section 36 states “if in connection with a development application a local authority is of the opinion that proposals for industrial location, dumping site, sewerage treatment, quarries or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environment impact assessment report”. The site documentation for all the facilities in Malindi are appended in this report. The proponent shall secure all mandatory approvals and permits as required by the law. The Public Health Act (CAP. 242) Part IX Section 8 & 9 of the Act states that no person/ institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance. Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 104 Zamconsult Consulting Engineers Ltd. June 2021 which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances. The Act addresses matters of sanitation, hygiene and general environmental health and safety. The Act places responsibility for protection of water supplies from any pollution dangerous to health on the local authorities. The Act empowers the Minister for Health to make rules and impose on local authorities and others, the duty of enforcing such rules. NATIONAL POLICY WITH SUB COUNTY DEVELOPMENT LINKAGES The consultant takes full cognizance of the various policy papers that have relevance to development in the national space and give them relevance to this particular water infrastructure development activity. Examples of such policy derivations are: i) National Poverty Eradication Plan 1999-2015 ii) Vision 2030 iii) Private sector development strategy 2006-2010: National Poverty Eradication Plan (NPEP) 1999-2015 The NPEP has the objective of reducing the incidence of poverty in both rural and urban areas by 50% by the year 2015, as well as strengthening the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better-educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for the Social Development (WSSD) of 1995. The plan focuses on the four WSSD themes of the poverty eradication; reduction of unemployment; social integration of the disadvantaged people and the creation of an enabling economic, political, and cultural environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government Ministries, community based organizations and private sector. Vision 2030 Vision 2030 is a Government development strategy that is aimed at steering Kenya to a middle-income country by the year 2030. It is based on the 3 pillars of political, social and economic advancement and it aims to transform the economy to newly industrialized status by 2030 and achieve sustainable growth. Environmental considerations of development are contained within the social and economic pillar. On poverty reduction, the vision aims at creating opportunities for the poor by making institutions stronger. Kenya National HIV/AIDS Strategic Plan, KNASP 2005/06-2009/10 The plan is linked with the National Development Plan and the National Poverty Eradication Plan 1999 – 2015. The overarching theme is Social Change to reduce HIV/AIDS and Poverty. The goal of the KNASP 2005/06-2009/10 is to reduce the spread of HIV, improve the quality of life of those infected and affected and mitigate the socio- economic impact of the epidemic at individual, community, sector and national levels. The priority areas for KNASP 2005/06-2009/10 are three-fold: Priority Area 1: Prevention of new infections ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 105 Zamconsult Consulting Engineers Ltd. June 2021 The objective of this priority area is to reduce the number of new HIV infections among both vulnerable groups and the general population Priority Area 2: Improve the quality of life of people infected and affected by HIV/AIDS The objective of this priority area is to improve the treatment and care, protection of rights and access to effective services for infected and affected people by HIV/AIDS in Kenya. Priority Area 3: Mitigation of socio-economic impact The objective of this priority area is to adapt existing programs and develop innovative responses to reduce the impact of the epidemic on communities, social services and economic productivity. INSTITUTIONAL FRAMEWORK Institutions under the EMCA 1999 The National Environmental Council The National Environmental Council (the Council) is responsible for policy formulation and directions for the purposes of the Act. The Council also sets national goals and objectives and determines policies and priorities for the protection of the environment. The National Environmental Management Authority The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC). County and Sub County Environmental Committees The county and sub county Environmental Committees also contribute to decentralized environmental management and enable the participation of local communities. These environmental committees consist of the following:  Representatives from all the ministries;  Representatives from local authorities within the province/district;  Two representatives from NGO's involved in environmental management in the province/district;  A representative of each regional development authority in the province/district. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 106 Zamconsult Consulting Engineers Ltd. June 2021 Public Complaints Committee EMCA also establishes a Public Complaints Committee, which provides the administrative mechanism for addressing environmental harm. The committee has the mandate to investigate complaints relating to environmental damage and degradation. Its members include representatives from the Law Society of Kenya, NGO’s and the business community. Institutions under the Water Act 2016 The main functions of the Ministry of Water & Sanitation and Irrigation are to develop and formulate Water Resources Management Policy, Water and Sanitation Services Policy, Water Quality and Pollution Control Policy, Flood Control and Land Reclamation Policy, Waste Water Treatment and Disposal Policy, National Irrigation Policy and a policy on Water Schemes and Community Water Projects. The relevant institutional framework for water and sanitation in Kenya was set up under the Water Act 2002. Institutions under this Act are presented in the following sections. Water Resources Authority The Water Act 2016 provides for a Water Resources Authority (WRA) to manage water in an integrated way. WRA is charged with responsibility for managing, regulating, protecting, apportioning and conserving water resources naturally, including Trans boundary waters. Some of these powers and functions of WRA include:  Developing principles, guidelines and procedures for the allocation of water resources;  Monitoring the national water resources management strategy;  Receiving and determining applications for permits for water use;  Monitoring and enforcing conditions attached to permits for water use;  Regulating and protecting water resources quality from adverse impacts;  Managing and protecting water catchments WRMA may prosecute any offences arising under the Water Act. Water Services Regulatory Board and Water Appeals Board The Water Services Regulatory Board (WSREB) and Water Appeals Board (WAB) are independent institutions to regulate and deal with disputes respectively. The WSRB regulates the seven Water Services Boards in Kenya. The Water Appeals Board is established with the responsibility of hearing and determining appeals concerning a permit or license. Water Works Development Agencies The Act gives responsibility for service delivery to Water Works Development Agencies, one of which is the Coast Water Works Development Agency (CWWDA). The Agency in turn, retain service provider(s) such as water companies, NGOs, institutions and community owned schemes. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 107 Zamconsult Consulting Engineers Ltd. June 2021 CWWDA's main responsibility is the provision of efficient and economical water and sanitation services to the people of the Coast region. Its area of jurisdiction coincides with the administrative boundaries of the Coastal counties namely: Mombasa, Kilifi, Kwale, Tana River, Taita Taveta and Lamu Counties. Water Service Providers These are mandated to provide day-to-day service within their areas of responsibilities. They include water companies, NGOs, institutions and community owned schemes. The Water Companies in Coast Province are:  Mombasa Water and Sewerage Company MOWASCO)  Malindi Water and Sewerage Company (MAWASCO)  Kilifi-Mariakani Water and Sewerage Company (KIMAWASCO)  Taita Taveta and Voi Water and Sewerage Company (TAVEVO)  Lamu Water and Sewerage Company (LAWASCO)  Kwale Water and Sewerage Company (KWAWASCO) The CWWDA is in negotiations with the Tana River District Councils to establish dedicated Water Services provision agent in this service area. MAWASCO being the implementing agency with the guidance from CWWDA and the Project Consultant shall work jointly towards effective implementation of the Project ESMP. REGULATORY FRAMEWORK Environmental Regulations 1) Environmental Impact Assessment and Audit Regulations The Environmental Impact Assessment and Audit Regulations state in Regulation 3 that "…. the Regulations shall apply to all policies, plans, programs, projects and activities specified in Part IV, Part V and the Second Schedule of the EMCA....." Regulation 4(1) further states that: "...no proponent shall implement a project: Likely to have a negative environmental impact; or For which an environmental impact assessment is required under the Act or these Regulations; Unless an environmental impact assessment has been concluded and approved in accordance with these Regulations..." Where standards are yet to be established, the local authority standards or standards promulgated under sectorial legislation apply. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 108 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Management and Coordination, (Water Quality) Regulations 2006 These are described in Legal Notice No. 120 of the Kenya Gazette Supplement No.68 of September 2006. These Regulations apply to drinking water, water used for agricultural purposes, water used for recreational purposes, water used for fisheries and wildlife and water used for any other purposes. This includes the following:  Protection of sources of water for domestic use;  Water for industrial use and effluent discharge;  Water for agricultural use. These Regulations outline:  Quality standards for sources of domestic water;  Quality monitoring for sources of domestic water;  Standards for effluent discharge into the environment;  Monitoring guide for discharge into the environment;  Standards for effluent discharge into public sewers;  Monitoring for discharge of treated effluent into the environment. Environmental Management and Coordination, (Waste Management) Regulations 2006 These rules are described in Legal Notice No. 121 of the Kenya Gazette Supplement No. 69 of September 2006. These Rules describe the following:  Waste description;  Waste transportation;  Responsibility of waste transporters;  Waste disposal facility;  Description and handling of industrial wastes;  Description and handling of hazardous and toxic wastes;  Description and handling of pesticides and toxic substances;  Description and handling of biomedical wastes;  Description and handling of radioactive substances;  List of schedules on waste management. Air Quality Regulations Act of 2014 The Air Quality Regulations 2014 provides for the prevention, control and abatement of air pollution to ensure clean and healthy ambient healthy ambient air. The regulations are applicable to: - All internal combustion engines - All premises, places, operations, or works to which the provisions of the Act and Regulations made thereunder apply and - Any other appliance or activity that the Cabinet Secretary may order in the Gazette, specify. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 109 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Management and Coordination, (Conservation of Biological Diversity (BD) Regulations 2006) These regulations are described in Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of December 2006. These Regulations apply to conservation of biodiversity which includes conservation of threatened species, inventory and monitoring of BD and protection of environmentally significant areas, access to genetic resources, benefit sharing and offences and penalties. Occupational Health and Safety Regulations The Occupational Health and Safety Act (OSHA) 2007 repealed the Factories and Other Places of Work Act. Anything done under the provisions of the Factories and Other Places of Work Act or the Minister under the provisions of Factories and Other Places of Work Act, including subsidiary legislation issued before the commencement of the OSHA 2007 shall be deemed to have been done under the provisions of this Act. The Factories and Other Places of Work Act had over the years passed several subsidiary rules and regulations for effective implementation of the Act. All shall, as long as it is not inconsistent with OSHA 2007 remain in force until repealed or revoked by subsidiary legislation under the provisions of OSHA 2007 and shall for all purposes be deemed to have been made under this Act. These regulations include:  The Factories (Cellulose Solutions) Rules 1957;  The Factories (Wood Working Machinery) Rules 1959; The Factories (Dock) Rules 1962;  The Factories (Eye Protection) Rules 1978  The Factories (Electric Power) (Special) Rules 1978;  The Factories (Building Operations and Works of Engineering Construction) Rules 1984; The Factories and Other Places of Work (Health & Safety Committees) Rules 2004;  The Factories and Other Places of Work (Medical Examination) Rules 2005;  The Factories and Other Places of Work (Noise Prevention and Control) Rules 2005. The Factories and Other Places of Work (Fire Risk Reduction) Rules 2007;  The Factories and Other Places of Work (Hazardous Substances) Rules 2007. WORLD BANK SAFEGUARD POLICIES Operational Policy (OP) 4.01: Environmental Assessment, 2001 Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential negative environmental impacts associated with Bank lending operations. The purpose of Environmental Assessment is to improve decision making, to ensure that project options under consideration are sound and sustainable, and that potentially affected people have been properly consulted. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 110 Zamconsult Consulting Engineers Ltd. June 2021 It was established that the Project activities will trigger World Bank Operation Policy (OP 4.01) on Environmental Assessment due to environmental and social impacts arising from the Project as presented in this report. Operational Policy 4.04: Natural Habitats, 2001 The policy seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). It was established that the Sludge Treatment Facility Project will be constructed a few kilometres from River Sabaki where aquatic animals like fresh water fish and hippopotamus exist. However, the project is not envisaged to directly interact with the aquatic habitat. World Bank OP 4.11 on Physical Cultural Resources Provides for measures to protect cultural heritage from the adverse impacts of project activities and support its preservation. No physical cultural resources were identified within the project areas. However, the ESIA has provided chance find procedures attached as an appendix to be adopted by the contractor during civil works. The Bank's Operational Policy 4.12: Involuntary Resettlement This is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. The Project activities will trigger World Bank Operation Policy 4.12 due to the displacement that will occur at the Sabaki sludge treatment plant project implementation site. World Bank Policy on Access to Information, 2010 The World Bank policy on access to information sets out the policy of the World Bank on public access to information in its possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and took effect on July 1, 2010. This Policy is based on five principles:  Maximizing access to information. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 111 Zamconsult Consulting Engineers Ltd. June 2021  Setting out a clear list of exceptions.  Safeguarding the deliberative process.  Providing clear procedures for making information available.  Recognizing requesters’ right to an appeals process. In disclosing information related to member countries/borrower in the case of documents prepared or commissioned by a member country/borrower (in this instance, safeguards assessments and plans related to environment, resettlement, and indigenous peoples, OP/BP 4.01, Environmental Assessments, OP/BP 4.10, Indigenous Peoples, and OP/BP 4.12 Involuntary Resettlement); the bank takes the approach that the country/borrower provides such documents to the Bank with the understanding that the Bank will make them available to the public. OP/BP 4.20: Gender and Development This sets out the guidelines on gender assessment based on analytic work and consultations conducted by organizations in regards to WB implemented projects. It typically includes: a) a description of i) the different socioeconomic roles of females and males, including their participation in both the market and household economies; ii) male-female disparities in access to, control over, and use of assets and productive resources; iii) male-female disparities in human development indicators; iv) the relative participation of females and males in development decision-making; and v) laws, institutional frameworks, norms, and other societal practices that lead (implicitly or explicitly) to gender discrimination and/or gender inequality; b) a review of the country context, including the country's policies, priorities, legal and regulatory framework, and institutional arrangements for implementing its gender and development goals; and c) based on a) and b) above, suggested gender-responsive policies and interventions that are relevant for reducing poverty and enhancing economic growth, human well- being and development effectiveness. It has been triggered in this project since the project is a benefit to the public hence in cases where a specific gender is favoured over another, specific guidelines on equality and equal distribution of opportunities and benefits from this project shall be put in place. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 112 Zamconsult Consulting Engineers Ltd. June 2021 7 ENVIRONMENT AND SOCIAL IMPACTS OF THE PROPOSED PROJECT This chapter presents the general environmental and social impacts which may result from the proposed project. The emphasis will be initially on the specific impacts that are likely to result from the nature of works including excavation and concrete works. The construction of the various sanitation infrastructure facilities will greatly benefit the environment, however some of the project activities will have negative effects on the environment. In general, successful implementation of the project will have high environmental and socio-economic benefits to the people and will contribute to the health and wellbeing. Overall, expected negative impacts are related to the construction activities especially for the ablution blocks since those are largely situated in high population density areas. These impacts are, however, localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the contractor to undertake the assignment is well-organized and able to utilize the least time possible in efficiently implementing the construction works to prevent extended periods of disruption of businesses and services. Table 7-1 presents a characterization of expected impacts. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 113 Zamconsult Consulting Engineers Ltd. June 2021 Table 7-1: Characterization of the Expected Impacts Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Short Medium Long Positive Negative Direct Indirect Reversible Irreversible Term Term Term Increased traffic along the Traffic project routes X X X X Landscape change and Visual Land Intrusion X X X X X Loss of livelihood; Loss of Structures & Loss of structures Property Loss of trees and fences. X X X X Climate Change - Increased local pollutant emissions and trace constituents such as VOCs Increased GHG emissions such Ambient Air as CH4 and CO2 X X X X Quality Increased levels of dust and particle emissions from construction vehicles and equipment X X X X Contamination of groundwater Soil/Water from minor oil spills during Pollution/ construction X X X X X Quality Changes Surface water pollution from construction wastes X X X X X ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 114 Zamconsult Consulting Engineers Ltd. June 2021 Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Short Medium Long Positive Negative Direct Indirect Reversible Irreversible Term Term Term Contamination of soil from the oil spills during construction X X X X X Increase of noise and vibration Noise and levels due to construction vibrations activities and traffic X X X X Increase in communicable diseases including HIV and Aids X X X X X Sexual harassment between project workers X X X X X Risks of Accidents, Injuries or death of workers or community member X X X X X X X Occupational Safety and Improvement in public health Risks and sanitation through improved access to sanitation facilities. X X X X X Spread of COVID-19 amongst X X X X workers Spread of COVID-19 amongst X X X X Community Members during consultation sessions Employment, job creation and X X X X X gender empowerment during ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 115 Zamconsult Consulting Engineers Ltd. June 2021 Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Short Medium Long Positive Negative Direct Indirect Reversible Irreversible Term Term Term construction and operation Socio- phases economics Service Interruption X X X X X Child Labour Potential for exploitation of & Protection child labour X X X X Risk of social conflict as a result of increase in influx population X X X X X Labour influx Sexual exploitation of community members by project workers X X X X Gender Gender-based violence at the Equity community level X X X X Sexual Sexual Exploitation and Abuse Exploitation by project workers against and Abuse community members X X X X Crime Increased insecurity around the Management project sites X X X X Generation of both solid and Site Clearance liquid waste at the construction camps and project routes. X X X X X X ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 116 Zamconsult Consulting Engineers Ltd. June 2021 Characterization of Impacts Nature Effect Time Range Reversibility Aspect Predicted Impact Short Medium Long Positive Negative Direct Indirect Reversible Irreversible Term Term Term Impacts on Loss of flora and fauna/ Flora and biodiversity within the project Fauna site X X X X All construction Solid and liquid waste activities generation X X X X X ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 117 Zamconsult Consulting Engineers Ltd. June 2021 The general environmental and social impacts which may result from the proposed project is presented in this chapter. The emphasis will be initially on the specific impacts that are likely to result from the nature of works (e.g. trenching and excavation) and works category (e.g. actual construction of the structures). A vast range of environmental and social implications will surely arise from the sanitation facility project, notably within the project locations and along the routes leading to the project sites. In general, successful implementation of the project will have high socio and hygienic benefits to the community and will contribute to the overall health and wellbeing. Overall, expected negative impacts are related to general construction. These impacts are localized and not considered significant and long-lasting and can be mitigated through appropriate mitigation measures. The severity and duration of these impacts can be minimized by ensuring that the construction works are carried out rapidly and efficiently. Nevertheless, environmental and social impact assessments (ESIA) are now recognized as an essential component in any development project and as an important decision- making tool, and the appropriate procedures were followed. IMPACT IDENTIFICATION The identification of impacts in the ESIA study generally used the following methods:  Compilation of a comprehensive list of key environmental impacts. These are such as changes in air and water quality, noise levels, wildlife habitats, bio- diversity, landscape, social and economic systems, cultural heritage, settlement patterns, and employment levels.  Identification of all the sources of impacts such as dust, spoils, vehicles emissions, water pollution, construction camps, etc. using checklists or questionnaires. This was followed by listing possible receptors in the environment (e.g., crops, communities, and migrant labours) through surveying the existing environmental and socio-economic conditions and consultation with concerned parties.  Identifying and quantifying various environmental and socio-economic impacts through the use of checklists, interaction matrices and overlays. IMPACT PREDICTION Prediction of impacts technically characterizes the causes and effects of impacts, and their secondary and synergistic consequences for the environment and the local community. It examines each impact within a single environmental parameter into its subsequent effects in many disciplines (e.g., deterioration of water quality). It draws on physical, biological, socio-economic, and anthropological data and techniques. In quantifying impacts, it employs socio-cultural models, economic models, and expert judgments. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 118 Zamconsult Consulting Engineers Ltd. June 2021 It is worth noting that as prediction techniques of environmental impacts, by their nature, involve some degree of uncertainty. MITIGATION OF IMPACTS Each predicted adverse impact is evaluated to determine whether it is significant enough to warrant mitigation. This judgment of significance has been based on one or more of the following:  Comparison with laws, regulations or accepted standards;  Consultation with the relevant decision makers;  Reference to present criteria such as protected sites, or endangered species  Consistency with government policy objectives  Acceptability to the local community or the general public IMPACT CATEGORY First the likely significance of the potential issues of concerns has been determined and ranked according to the following:  Potential environmental impacts which are deemed to be highly significant and need thorough investigation in the ESIA  Potential environmental impacts that are deemed to be moderately significant, and will require reasonable investigation in the ESIA  Potential environmental impacts that are deemed unlikely to be significant, and will need to be listed, and addressed in some way, but which will not require detailed assessment in the ESIA. Secondly, the following characteristics have been defined for each impact: Nature:  Positive: applies to impacts that have a beneficial economic, environmental or social result, such as additional economic activity or enhancement of the existing environmental and hygienic conditions.  Negative: applies to impacts that have a harmful or economical aspect associated with them such as economical cost, loss or degradation of environmental resources. Effect:  Direct: applies to impacts which can be clearly and directly attributed to a particular impacting activity. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 119 Zamconsult Consulting Engineers Ltd. June 2021  Indirect: applies to impacts which may be associated with or subsequent to a particular impacting activity, but which cannot be directly attributed to it. Time Range:  Short Term: applies to impacts whose effects on the environment will disappear within a 1-year period, or within the construction phase.  Medium Term: applies to impacts whose effects on the environment will disappear within a 5-year period following the construction phase.  Long Term: applies to impacts whose effects on the environment will disappear in a period greater than 5 years following the construction phase. Reversibility:  Reversible: applies to impacts whose significance will be reduced and disappear over time (either naturally or artificially), once the impacting activity ceases.  Irreversible: applies to impacts whose significance will not be reduced nor disappear over time (either naturally or artificially), once the impacting activity ceases. IMPACTS EMANATING FROM THE PROPOSED PROJECT The impacts are identified at three stages: -  pre- construction/Planning Phase Impacts  during construction and  post-construction (operation phase)  de-commissioning stage Pre-Construction/Planning Phase Impacts – Damage and Loss of Structures, Lawns and Livelihoods. These are commonly associated resettlement of people within the project sites. It should be noted that the sites for the ablution blocks and sludge treatment facility are within public land owned or procured by the county government of Kilifi. A screening report identified that the proposed sites for the construction of public ablution blocks are free from encroachment hence loss of assets and livelihood will not be triggered. However, the Sludge treatment facility site has a total of 49 PAPs that are affected. Of the 49 PAPs, 14 PAPs will be losing their residential structures constituting of both temporary, semi- permanent and permanent structures in addition to fences and toilet facilities, 31 PAPs and 47 PAPs will lose their crops and trees respectively contributing to loss of livelihood. All of the affected assets and livelihoods have been factored in for compensation through an Abbreviated Resettlement Action Plan (ARAP) which has been separately completed. However, loss of land will not be triggered under this Project since the entire portion belongs to the county Government of Kilifi. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 120 Zamconsult Consulting Engineers Ltd. June 2021 Mitigation measures  The proposed project sites will be located within public land owned by the county Government of Kilifi. Land acquisition is not envisaged.  Project affected persons have been identified by type of loss through a detailed abbreviated resettlement action plan, which will be implemented by the Client before the construction phase of the project commences.  Compensate those affected according to the laid down policies in collaboration with the Ministry of Lands and Physical Planning as well as OP 4.12.  Implement an institutional structure or a mechanism for monitoring and evaluating the compensation/resettlement process including the Grievance Redress Mechanism. Construction Phase Impacts Most of the potential environmental and social impacts associated with the construction phase will be negative and temporary, and can be mitigated with the use of standard environmental management procedures. The potential social impacts or nuisance will be those typically associated with construction activities involving vehicles, equipment, and workers. The few positive impacts are summarized below:  Source of livelihood for the community members/the youth who will be engaged to run the project;  Business opportunities especially for locals as most of them will be involved in small time trades such delivering food to site workers;  Employment creation for both skilled and unskilled labourers directly involving the project.  Local sourcing of materials will also boost the livelihoods of residents. The predicted adverse impacts include the following: 1) Air Quality There is expected dust pollution from the site clearance, excavation works and, in some cases, the roads leading to the project sites as well as deviations to reroute traffic if need be. This situation will be mitigated by periodical pouring of water to reduce the harmful effects of dust. Passage of increased number of vehicular traffic during construction will introduce higher levels of other pollutants such as emissions of exhaust fumes, lead and associated gases such as carbon monoxide, hydrocarbons, and nitrous oxides from vehicles entering and exiting the site along with the operation of necessary equipment. These will need to be monitored all through the construction period. This sustained high level of dust could impact negatively on various groups of the people who spend considerable time within the area adjacent to the project sites, such as ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 121 Zamconsult Consulting Engineers Ltd. June 2021 construction workers and road side businesses. Construction workers at the project construction sites, and quarries will be exposed to high dust levels under hot and dry environmental conditions for many hours each day. However, being a localised project with short construction timelines, such effects may not have serious long-term health implications on the workers. Mitigation measures  Use Respiratory Protective Equipment (RPE) like masks on construction crew and all visitors to the site.  Use equipment fitted with water suppression to minimize the amount of dust.  Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards.  The contractor to provide protective clothing like, dust masks to construction crew. 2) Traffic Congestion Traffic congestion is anticipated from site related traffic from Contractor vehicles. The project sites are located in heavy catchment areas especially within town centres, as such, there is bound to be increased traffic and interaction between the Contractor’s vehicles and local traffic (motorized and non-motorised traffic). On the other hand, traffic congestion is not expected in the sludge treatment facility as the area is low catchment and doesn’t interfere with any settlement. Mitigation measures  The Contractor should provide temporary road signs or notices to indicate ongoing works;  The Consultant and Contractor should choose traffic routes to reduce the impact in the neighbourhood avoiding, as far as practical any sensitive areas;  For the site traffic the Contractor has to ensure that they  Vehicles are operated only by qualified drivers  Only park in designated parking areas;  Don't block other traffic routes;  The resident Engineer has to ensure that the Contractor: i) Introduces speed limits particularly in the residential areas; ii) Reduces the need for reversing vehicles, by introducing a one- way system; iii) Uses a qualified BANKSMAN to control deliveries and reversing vehicles; iv) Designates loading/unloading areas. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 122 Zamconsult Consulting Engineers Ltd. June 2021 3) Solid and Liquid Waste Generation There is a wide variety of waste generated during construction. This includes debris, domestic and human waste, timber, stones, rock, metals, paper, plastics, etc. The quantity of waste can be substantial and can be both a health hazard and of visual intrusion. Furthermore, there is potential for contamination of soils and watercourses such as the Sabaki River as a result of improper disposal of liquid and solid waste from construction activities. Careless disposal of used containers for oil, lubricants, paint, and other toxic substances may land in the hands of such individuals who will use them as water containers with grave consequences to health. There is increased likelihood of littering from increased traffic movement during operations. Some of this litter could be plastic and when ingested by livestock, can cause health hazards. Mitigation Measures  Provide adequate waste disposal facilities.  Ensure collection of all solid waste from generation points, safe transportation to a central point where they are sorted out and safely disposed according to type to protect the environmental resources.  This can be linked to the general solid waste management in Malindi whereby the county government has provided various solid waste disposal points by placement of containers which are routinely emptied according to the level of waste generation in the specific areas. 4) Site Related Oil Spills During construction, oil spills may result from construction site equipment and storage, which may affect the flora, fauna, soils, and surface as well as underground water ways in the area. If the machinery yard, workshops and labour camps are not properly protected, animals and birds could be poisoned if they drink contaminated water caused by accidental spillage of oil, petroleum products, solvents and similar category of materials. Mitigation Measures  The Contractor should ensure that the employees on site are aware of the company Spill Prevention, Control and Countermeasure (SPCC) Plan for dealing with spills and leaks e.g. the guidelines stated subsequently (the contractor will propose a method of clean-up which will be subject to approval).  When possible, do not store tanks or other oil sources near water bodies, storm drains, ditches or channels that can carry oil to a water body. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 123 Zamconsult Consulting Engineers Ltd. June 2021  Maintain supplies of clean-up materials (absorbents, etc.) close to areas where fuel transfers take place.  Assure that all personnel who transfer fluids follow procedures, use drip pans under connection points and possibly also use tarps to prevent drips from oil changes or other equipment maintenance activities from contacting the soil.  If inspections are not performed by someone with the supervisory authority to direct corrective action, then they should at least be reviewed and secondarily signed by such a person.  Training necessary for SPCC compliance can be incorporated into the regular tool box safety meetings, if your company conducts them. If not, then you must assure that those handling oil receive separate adequate training.  All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; 5) Soil-Related Impacts Accidental oil spills, and petroleum products (amongst other liquid waste) particularly in areas of concentrated activities, may infiltrate into soils and cause soil pollution. This is only possible during the construction phase of the project and the impact is expected to be minor and highly localized, hence the impact is considered insignificant. All construction activities have some minor impacts on the soil like compaction and localised erosion. It is expected that these impacts are also short-lived during construction and mitigation measures are recommended. The key impacts will revolve around soil erosion, contamination, disturbance of the natural soil structure and thus reducing the ecological function of the soil. Mitigation Measures  The valuable top soil containing organic material, nutrients as well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where applicable.  Plan emergency response measures in case of accidental oil spills.  Regarding compaction, avoidance is the most desirable option where it is physically and economically possible. While large, heavy machinery is often blamed for soil compaction problems, it also offers opportunity to minimize compaction. Larger capacity machinery means fewer wheel tracks across the field because of wider working width.  Controlling and/or reducing traffic on site. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 124 Zamconsult Consulting Engineers Ltd. June 2021 6) Impacts on Existing Water Resources (Water Quality) Oil spills, bitumen and greases generation by construction traffic as well as traffic during operation could lead to pollution by altering the chemical and biological characteristics of surface and ground water resources such as the nearby (under 2km) Indian Ocean and the Sabaki River that feeds into the ocean. There is potential for contamination of water resources as a result of improper disposal of liquid and solid waste from construction activities and construction camps. Wastage of water can also occur during construction from careless usages and lack of maintenance to onsite storage infrastructure Mitigation Measures  Areas dedicated for hazardous material storage shall provide spill containment and facilitate clean up through measures such as: maximum separation from sensitive features (water bodies); clear identification of the materials present; access restricted to authorized personnel and vehicles only and dedicated spill response equipment  Provide solid and liquid waste disposal system - a waste collector, NEMA recommended waste disposal manual and a waste collection bin for each housing unit, workshop, plant, structural shelter.  Monitor usage of water and associated storage infrastructure on site to prevent wastage 7) Noise Pollution Noise generation and vibrations in an otherwise quiet environment from construction machinery and activities could adversely affect the local people. Activities associated with sanitation facility construction will cause increase in noise levels in the vicinity of the construction sites. This impact can be of concern at construction sites within the larger urban environments The operation and maintenance phases of the project will be accompanied by significant increases in traffic (both motorised and non-motorised), which will in turn increase noise levels significantly within the vicinity of the ablution sites. At quarries, explosives will be used for rock blasting. This will cause noise and vibrations in the vicinity of the site, way beyond ambient noise levels in addition to certain degrees of explosion being destructive to housing and other structures. Generally, construction noise exceeding a noise level of 70 decibels (dB) has significant impacts on surrounding sensitive receptors within 50m of the construction site. These sensitive receptors, schools and clinics in the area. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 125 Zamconsult Consulting Engineers Ltd. June 2021 Mitigation:  Noise mitigation may be achieved through a variety of measures that modify the noise source, noise path, or receiver characteristics. Construction activities to be scheduled carefully to minimize the impact of noise from construction machinery. Night time's uses of certain noisy machines will be regulated.  Contractor to adhere to the standard noise limits/ noise control set by NEMA and obtain a Construction Noise Permit prior to the commencement of construction work. The NEMA Act stipulates that any person carrying out construction, demolition, mining or quarrying work shall ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source.  Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas;  Harmonized sleeping time to ensure construction activities are mostly carried out during daytime hence not affecting residents neighbouring the construction sites . Contractor to prepare for approval by MAWASCO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations  Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals.  To the extent possible, heavy vehicles should not be used at night across populated areas.  Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. 8) Health and Safety Risks Construction staff and the general public will be exposed to safety hazards arising from construction activities. It is proposed that the projects be located within existing public lands belonging to the county government. Despite this, there is the possibility of disrupting public functions, adjacent business facilities and houses especially during construction. The project works will expose workers to occupational risks due to handling of machinery, construction material and noise, electromechanical works etc. Construction activities of bush clearing, materials delivery, trench excavation and concrete mixing and construction traffic will generate a lot of dust and this may affect the respiratory system. The high temperatures in the area will expose the workers to difficult working conditions. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 126 Zamconsult Consulting Engineers Ltd. June 2021 Construction sites may be a source of both liquid and solid wastes. If these wastes are not well disposed these sites may become a breeding ground for disease causing pests such as mosquitoes and rodents. Sexual harassment between project workers is another occupational health and safety risk that could occur during project implementation. Sexual harassment can occur between workers, particularly male workers against female workers, when there is insufficient sensitization of workers against prohibitions for sexual harassment, as well as the absence of reporting and disciplinary measures. Mitigation:  Establish and operationalize manuals such as a Health and Safety Plan (HASP) for both civil and electromechanical work in line with OSHA for approval by the supervising engineer and MAWASCO.  Posting of clear and prominent warning signage at appropriate potential points of entry to hazardous areas.  Ensure clear human resources policy against sexual harassment that is aligned with national law  Integrate provisions related to sexual harassment in the employee COC  Ensure appointment of a SEA focal person to manage reports of sexual harassment according to policy  Provide sex-disaggregated latrines for male and female workers.  Provide workers with adequate drinking water and breaks.  Provide workers training on safety procedures and emergency response such as fire, oil and chemical spills, pipe bursts and other serious water loss risks  Keep verifiable records of all accidents and incidences.  Ensure alcohol free work force.  Draft operational policies on safety e.g. Alcohol use, speed limits.  Spread awareness to curb vandalism of safety equipment and other installations.  Installation of barriers like fences around active sites and other locations to prevent access to facilities by unauthorized persons.  Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. As applicable, equipment should only be operated by authorised personnel  Appoint a trained health and safety team for the duration of the construction work.  Provide workers with appropriate personal protective equipment (PPE) and enforce usage.  Work to minimize or altogether eliminate mosquito breeding sites. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 127 Zamconsult Consulting Engineers Ltd. June 2021  Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins.  Undertake registration of the site by DOSH as a construction site  Provide first Aid kits and ensure availability of trained first aiders within the construction site. The ratio of trained first aiders to worker on site at any particular time should meet the threshold defined by the First Aid Rules under OSHA 2007 9) Sexual exploitation and abuse of community members by project workers This impact refers to sexual exploitation and abuse committed by Project staff against communities, and represents a risk at all stages of the Project, especially when employees and community members are not clear about prohibitions against SEA in the Project. Mitigation:  Develop and implement an SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (Sept 2018).  The SEA action plan will include how the project will ensure necessary steps are in place for: • Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials; • Response to SEA: including survivor-centered coordinated multi- sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; • Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness- raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; • Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle-blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 128 Zamconsult Consulting Engineers Ltd. June 2021 dedicated PSEA focal points in the project and trained community liaison officers. 10) Gender-based violence at the community level GBV constitutes acts of gross misconduct and are therefore grounds for sanctions, penalties and/or termination of employment. This impact refers to gender-based violence at the community level that women and girls may experience as a result of Project implementation. This includes, for example, an increase in intimate partner violence (IPV) when compensation schemes that share funds equally among husband and wife at the household level do not provide adequate sensitization and safety measures to reduce potential for increased tensions due to females receiving funds. This also refers to other GBV-related risks incurred as a result of project implementation that do not adequately consult women and adolescent girls in the community about safety and security issues related to the delivery of water and sanitation services. Mitigation:  The contractor will implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including:  effective and on-going community engagement and consultation, particularly with women and girls;  review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; etc.  Specific plan for mitigating these known risks, e.g. sensitization around gender equitable approaches to compensation and employment; etc  The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation 11) HIV & AIDS Impacts Immigration of construction personnel from different regions may lead to behavioural influences which may increase the spread of communicable diseases such as HIV/AIDS. Mitigation:  Sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS through staff training, awareness campaigns, multimedia and workshops or during community Barazas.  Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 129 Zamconsult Consulting Engineers Ltd. June 2021  Dispensing of contraceptives to workers especially condoms to prevent spread of HIV/AIDS 12) Spread of COVID-19 amongst workers This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers drawn from local, national and international markets. This therefore pose risk of spread of COVID-19. Mitigation:  The Contractors will develop a SOPs for managing the spread of Covid- 19 during project execution and submit them for the approval by the Supervision Engineer and the Client before mobilization. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions;  Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including Suppliers, visitors etc accessing worksites;  Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters.  All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs;  The project shall put in place means to support rapid testing of suspected workers for covid-19;  Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used;  Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc;  Consider safe transportation of Workers to worksites, routine sanitization of shared vehicles etc. 13) Spread of COVID-19 amongst community Members during Consultation The construction and environmental and social safeguards implementation actions will be done during the COVID-19 pandemic era. The COVID – 19 is a highly infectious disease and since consultations are required such as during RAP implementation and training on E&S issues, these also pose a potentially high risk of infection to and among communities. It is important that alternative ways of managing consultations and stakeholder engagement are implemented to mitigate the impacts. Some of which may include; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 130 Zamconsult Consulting Engineers Ltd. June 2021 Mitigation:  Electronic means of consulting stakeholders and, holding meetings, whenever possible, shall be used whenever feasible. One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced;  Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters;  The team carrying out engagements within the communities on one-on- one basis will be provided with appropriate PPE for the number of people they intend to meet;  Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions.  Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration.  In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups.  Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 14) Social Impacts-Demolition of Structures, destruction of fences and hedges, Loss of lawns, trees, crops and Livelihoods The proposed land for the construction of the sludge treatment facility is currently serving a number of squatters. The project will result to demolition of residential temporary, semi-permanent and temporary structures used as residential houses, business and farm structures. In addition, most the residents were using the land for crops cultivation and trees keeping a possible loss of livelihood. Mitigation  The contractor to communicate with the owners of the potential structures to be demolished that are within the project sites. This shall be done after potential negotiations and compensations have been done by the client in accordance with the WB guidelines.  Adequate notice to salvage  Ensure that solid waste materials are properly disposed to suitable locations. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 131 Zamconsult Consulting Engineers Ltd. June 2021 15) Liability for loss of life, injury or damage to private property Some of the Construction activities may lead to accidents that may be mild or fatal depending on various factors. During the implementation of the proposed project, accidents could be due to negligence on part of the workers, machine failure or breakdown or accidental falls from elevated points of the structure. These incidents can be reduced through proper work safety procedures. In addition, during Construction, there may be damage to private property that may not be foreseen. Mitigation:  Provision of PPE.  The workers should receive requisite training especially on the operation of the machinery and equipment.  There should be adequate warning and directional signs.  Ensuring that the prepared code of conduct for staff is followed to prevent accidents.  Develop a site safety action plan detailing safety equipment to be used, emergency procedures, operation manuals, restriction on site, frequency and personnel responsible for safety inspections and controls.  Provide First Aid Kit within the construction site.  Recording of all injuries that occur on site in the incident register, and ensuring corrective actions for their prevention are instigated as appropriate.  Contractor to ensure compliance with the Workmen's Compensation Act, ordinance regulations and union agreements. The contractor to maintain appropriate insurance cover throughout the construction period.  The Contractor to promptly repair any damage done to private property. 16) Crime Management Some of the facilities will be located in very busy areas which are prone to a few incidences of crime including, stealing of construction materials or individual property, drug abuse and alcoholism among others, within and without the construction site. Mitigation:  Fencing off the Contractor’s camp with plant and materials.  Working with local committees (e.g. “Nyumba Kumi”) to provide security within the site in addition to the Contractor’s own security.  Preparing a Code of Conduct and creating awareness for the same for the workers to sign. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 132 Zamconsult Consulting Engineers Ltd. June 2021  Terminating any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment.  Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site.  Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel.  The contractor and Resident Engineer should register in a log all events of a criminal nature that occur at the worksite or are associated with the civil works activities. 17) Child Labour and Protection The Children Act of Kenya prohibits contractors from employing children in a manner that is economically exploitative, hazardous, and detrimental to the child’s education, harmful to the child’s health or physical, mental, spiritual, moral, or social development. It is also important to be vigilant towards potential sexual exploitation of children, especially young girls. The contractor should adopt a ‘Child Protection Code of Conduct’; that all staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour. Mitigation:  Ensure no children are employed on site in accordance with national labour laws.  Ensure that any child sexual relations offenses among contractors' workers are promptly reported to the police.  Consider the appointment of a GBV focal person 18) Gender Equity, Sexual Harassment and Abuse Construction workers are predominantly younger males. Those who are away from home on the construction job are typically separated from their family and act outside their normal sphere of social control. This can lead to inappropriate and criminal behaviour, such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with minors from the local community. In large scale cases, male labour may also lead to an increase in exploitative sexual relationships and human trafficking whereby women and girls are forced into sex work. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 133 Zamconsult Consulting Engineers Ltd. June 2021 Mitigation:  The works contractor should be required, under its contract, to prepare and enforce a No Sexual Harassment and Non-Discrimination Policy, in accordance with national law where applicable.  The contractor should prepare and implement a gender action plan, to include at minimum:  Gender mainstreaming in employment at the worksite with opportunities provided for females to work, in consonance with local laws and customs  Gender sensitization of workers (this could be done by the HIV/AIDS services provider; see above)  Provision of gender disaggregated bathing, changing, sanitation facilities  Grievance redress mechanisms including non-retaliation.  Management of Gender based Violence Survivors 19) Service Delivery Impacts There are likely associated risks or impacts of disruption of services, mainly the difficulties in accessing the market for the case of the Gongoni Ablution Block located besides the Gongoni Market which is currently operational, Traffic flow especially in and leading to interference with the normal operations. Mitigation:  Provide appropriate signage to residents and other Market users of the construction activities, to ward off traffic accidents on routes leading to project sites.  In the event that delivery trucks damage parts of the road, the contractor should repair the spots immediately.  The contractor should communicate any intended disruption of services to enable the people to prepare. 20) Impacts on Flora and Fauna/Biodiversity of the project area Direct impact through blasting at quarries; noise and vibration occasioned by machinery and construction workers can affect their feeding habits and even migration patterns. Some animals like the Hippopotamus found in river Sabaki located a few kilometres from the sludge treatment facility site can be more aggressive in the face of such sudden noise and vibration. The vegetation clearance activity, especially in the sludge facility sites, will lead to interference with habitats causing total loss or change and leading to the destruction of bio-diversity. However, the exact position of the plant will be situated in an area currently occupied by small shrubs constituting reeds and acacia trees. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 134 Zamconsult Consulting Engineers Ltd. June 2021 Improper disposal of solid and liquid waste from the Contractor’s camp will have a negative impact on the biodiversity surrounding the camp. Mitigation:  Empty containers and other waste to be managed carefully to avoid exposing animals to possible poisoning.  Spare the vegetation that must not necessarily be removed such as trees by clearly demarcating work areas.  Re-plant the indigenous vegetation as much as possible once work is completed.  The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval);  Provision of segregated dustbin and sanitation facilities within the Contractor’s camp to prevent seepage into the natural environment. 21) Construction Material Sourcing Since the ablution blocks as well as the sludge treatment facilities are small-scale localised projects, the impact on material sourcing is not expected to be profound. Materials shall be sourced from existing raw material sites where environmental impacts with regards to the sites are pre-existent. Major concerns relating to the sites include vegetation clearance, landscape scars, dust and general disturbance during excavation, and the need to reinstate or landscape the material sites when the contractors have completed excavation works. Materials sites if not reinstated and rehabilitated after project completion, will create a badlands type of landscape with water bodies, scattered boulders and rubble of ballast on the soil surface. This calls for economic use of these stone resources by the contractor to avoid wastage. Mitigation:  Ensure that appropriate authorization to use the proposed quarries has been obtained before commencing activities. Where commercial quarry/borrow sites are used, undertake due diligence to ensure they are duly authorised;  Prepare health and safety plan before any work on the quarries/borrow pits is commenced;  Where applicable, cordon off the quarry/borrow areas to keep livestock and children off;  Where applicable, maintain fences and “make good” of the sites afterwards; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 135 Zamconsult Consulting Engineers Ltd. June 2021  The contractor is expected to follow the sand harvesting regulations published by NEMA.  In case of blasting: I. The Contractor will be responsible for obtaining a current and valid authorization from the Department of Mines and Geology prior to any blasting activity. A copy of this authorization shall be given to the RE; II. A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times; III. The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area); IV. The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site; V. The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor’s expense to the satisfaction of the RE and the relevant authorities; VI. The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given. Impacts during Operation & Maintenance During the operation of the sanitation facilities, the positive impacts greatly outweigh the negative impacts, and with proper maintenance, potential negative impacts can be mitigated. 1) Positive Environmental and Socio-Economic Impacts The several positive impacts are summarized below:  Improved overall hygiene of the congested areas hence better overall health and reduction of potential water-borne diseases such as bilharzia and cholera.  A reduction in health risks that were associated with inadequate access to sanitation services, as a result of improvements in project roads;  Economic benefits to the section of the community that shall be selected to run and maintain the project for the rest of the project life hence reduced idleness which in most cases leads to crime and drug abuse.  Improved access to sanitation facilities by many traders and travellers who in most cases get stranded due to the lack of the facilities in key catchment areas.  Improved access to alternative source of cooking energy as well as other by produce from the sludge value addition plant. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 136 Zamconsult Consulting Engineers Ltd. June 2021 Other potential impacts typically associated with operation and maintenance activities are such as: Generation of Solid Waste and effluent contamination The establishment of an improved immediate sanitation option for the high population catchment areas will mostly benefit traders, commuters as well as the general public, however with the provision of such services comes the increase in the generation of solid and liquid waste. Whereas the treated sludge cake shall then be further processed to other by products as briquettes, fertilizers and so on. Both for domestic as well as commercial use. Leaked of or improper effluent management can lead to contamination of both shallow underground water and surface water. It is notable that the design of the facility has proposed incorporation of geotextile liner to prevent leachate and contamination of in-situ soil and underground water. Mitigation measures:  Provide adequate waste disposal facilities. Ensure collection of all solid waste from generation points, safe transportation to a central point where they are sorted out and safely disposed according to type to protect the environmental resources.  Regularly monitor the quality of effluent discharged from the septic tanks against the EMCA effluent quality standards defined in the Environmental Management and Coordination (Waste Management) Regulations, 2006  The dried-up sludge cake shall further be used as a raw material in the production of fuel products as briquettes a. Air Quality The establishment of any sanitation facility may lead to bad odour and poor air quality if the facilities are not well maintained according to plan. This can be more profound in the case of the sludge treatment facility, which will definitely affect the immediate surroundings as material deposited at the facility is faecal matter. In the briquetting process, particulate matter generation is envisaged from the drying process. To mitigate any impacts, the design has incorporated bag filters. On the other hand, ablution blocks whose septic tanks are not emptied immediately they fill up may lead to the faecal matter surfacing hence bad odour and can pose health risks to visitors of the facility and even to the general public in the immediate neighbourhoods. Mitigation measures:  Provide adequate framework for disposal of septic waste from ablution blocks and an adequate provision for loading the treatment ponds to handle the waste generated by the ablution blocks.  Regular monitoring of the behaviour of the sludge treatment facility to prevent oversupply of septic waste which may render the facility ineffective. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 137 Zamconsult Consulting Engineers Ltd. June 2021  Odours generated by the facility can be controlled by use of suppressants and regular cleaning of the receiving areas.  Ensure reliable availability of water within the facility to meet the discharge handling bay cleaning requirements  Creation of a buffer zone of 30 metres whereby the perimeter fence securing the facility shall be placed and trees planted. The trees shall absorb the smell and. break the wind to suppress this effect on the neighbouring residents. Provide workers with appropriate personal protective equipment (PPE) including respirators. Health, Safety & HIV & AIDS risks Operation and maintenance staff will be exposed to safety hazards arising from operation and maintenance activities. Once complete, there will be greater vehicular traffic and this may cause an increase in the number of traffic accidents. The project works will expose workers to occupational risks due to handling of equipment/vehicles, exposure to pathogens, chemical, electrical circuits, drowning in the ponds etc. In migration of people from different regions may lead to behavioural influences which may increase the spread of diseases such as HIV/AIDS. Improper handling of solid wastes produced during the operation of the facilities such as sanitary towels and left-over food stuff present a public nuisance due to littering. Improved sanitation in the area will lead to improved public health and quality of life through improved hygiene and increased public satisfaction. Mitigation measures:  Ensure that all equipment is in good working conditions to prevent occupational hazards.  Establish a Health and Safety Plan (HASP) for all operation and maintenance work, identifying all risks, response actions and equipment including emergency response plan.  Use of masks and while working in the environment full of dust, chemicals and pathogens to avoid respiratory related sicknesses.   Provide workers with appropriate personal protective equipment (PPE). At minimum: gloves, full-body suits, boots, glasses and use personal floating devices when working near the ponds  Maintain the work areas to reduce slip and trip risks  Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 138 Zamconsult Consulting Engineers Ltd. June 2021  Maintain records of safety and health incidents at the facility, including status of any associated follow-ups like treatment, compensation etc.  Sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS through staff training, awareness campaigns, multimedia and workshops or during community Barazas. Provide information, education and communication about safe sanitation facility usage.  Provide appropriate solid waste disposal facilities.  Restrict access to the sludge treatment facility though adequately maintained perimeter fencing and maintaining visitors register  Undertake regular medical examination for the Operations and Maintenance staff as per the OSHA Medical Examination Rules  Install and maintain appropriate waring signages around and within the facility  Undertake independent safety and health audit of the facility at least once annually in line with the OSHA 2007 requirements Impacts on local traffic The project area may see an increase in traffic congestion from site related traffic from Contractor vehicles during construction. Delivery of other inputs like saw dust and evacuation of finished briquettes will generate some traffic. This will generate traffic in addition to exhauster trucks delivering septage to the treatment facility. The treatment plant is cited in a remote area with limited vehicular traffic and with scattered homesteads, as such there is bound to be a minimal traffic and interaction and potential accidents with the local communities. Mitigation measures:  The Contractor will prepare a traffic management plan to provide safety measures for motorists, contractor workers including diversion routes, road signs and barriers.  Provide traffic controllers/marshals at junctions, active construction sites to man and control the traffic.  The Contractor will provide temporary legible and reflective road signs or notices to indicate ongoing works;  The Resident Engineer and Contractor should choose traffic routes to reduce the impact in the neighbourhood avoiding, as far as practical any sensitive areas;  For the site traffic the Contractor has to ensure that they only park in designated parking areas; avoid blocking pedestrian routes; and obey set speed limits.  The resident Engineer has to ensure that the Contractor: i) Introduces segregated pedestrian walkways within the site; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 139 Zamconsult Consulting Engineers Ltd. June 2021 ii) Introduce and enforce speed limits particularly in the residential areas; iii) Reduces the need for reversing vehicles, by introducing a one way system; iv) Uses a qualified BANKSMAN to control deliveries and reversing vehicles;  For operation phase traffic, MAWASCO should ensure that the main site access road is maintained and that all exhaust trucks delivering faecal sludge to the facility meet the regulatory requirements for the exhaust trucks, including licensing by NEMA, in addition to the general traffic laws. Impacts during De-Commissioning De-commissioning of the Project is not envisaged. Project components however will be rehabilitated and/or expanded over time having served their useful life as projected by the design engineer to be 30 years. However, the sludge treatment facility is an immediate measure that is done at the site where the long-term creation of a proper sewerage treatment plant shall be done. This implies that the client will consider components of the immediate measures that can be part of the long-term plan and hence make an extension of the facility. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 140 Zamconsult Consulting Engineers Ltd. June 2021 8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) By design, the potential positive impacts of the project can readily be optimized while the potential negative environmental and social impacts are mostly restricted to the pre- construction/planning and construction period. These are assessed and considered as minor to medium, being reversible and short-term and can be managed through well- defined mitigation and monitoring measures. POSSIBLE ENHANCEMENT MEASURES Possible enhancement measures of beneficial impacts would include the following:  Construction should adhere to recommended best construction practices that make effective and economical use of locally available resources including materials, expertise and labour.  Ensure that the poor and other vulnerable groups within the vicinity of the project sites will be catered for by the project to safely satisfy their basic needs.  Carrying out periodic assessment of different components of the sanitation facilities, to initiate immediate rehabilitation whenever problems are identified to reduce dilapidation. MITIGATION MEASURES Mitigation measures for negative environmental impacts include the following:  Construction site environmental and social management plans, prepared by the contractor, will be required for all works based on the ESIA report. This plan will include a waste management plan for all activities during the construction period.  Air pollution due to dust when excavated material is stockpiled, should be limited by working in small periods to prevent extended hours of posing the hazard to affected persons.  Construction activities would be limited to daytime to reduce high noise levels particularly at night from noisy activities.  At the end of construction works, level off the soils and facilitate vegetation regeneration.  Minimize land clearing areas by employing mechanization only when necessary. Most of the work should be done by hand.  Prevention of work place injuries during construction is taken care of by the contractors, e.g. by means of signs, signals, fencing, etc.  Employ occupational Safety and Health measures as required by law.  Prevent Gender Based Violence and sexual exploitation through preparation of Action Plan.  Ensure Contractors and workers sign and work within an agreed code of conduct ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 141 Zamconsult Consulting Engineers Ltd. June 2021 Mitigation measures have already been discussed in Chapter 7. However, a brief summary is included in the Environmental and Social Management Plan (ESMP) in Tables 8-1 and 8-2 below. Also considered in this management and monitoring plan are the persons responsible for implementation. The cost of some of the proposed mitigation measures will have been included in the main engineering Bills of Quantities and therefore need not be included in the Environmental mitigation costs. These costs will also include cost of supervision for implementation of mitigation measures. These costs will be added to the Bill of Quantities as the Environmental Mitigation Costs. The tables show cost estimates for environmental mitigation. The brief description of the items is for identification purposes and does not supersede or modify the detailed descriptions of works in other sections of this report. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 142 Zamconsult Consulting Engineers Ltd. June 2021 Ablution Block Environmental and Social Management Plan (ESMP) Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Increased Traffic Provision temporary road signs or notices to indicate ongoing Contractor supervised 300,000.00 broken hence Congestion works. by the Resident down as follows: 2 Engineer traffic signs per site to Effecting traffic controls to avoid congestion and accidents on inform the public and roads. control traffic @ Choosing suitable traffic routes/diversions to reduce the 20,000; 2 banksmen impact in the neighbourhood. per site to direct traffic within site & in the diversions: 15,000 p.m for 6 months Construction Ambient air Use equipment fitted with water suppression to minimize the Contractor 100,000.00 per site to quality amount of dust. cater for dust masks for Resident Engineer the whole project Drivers should be instructed on the benefits of driving practices period for all site users. that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew and visitors to the site. All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 143 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Site Related Oil The Contractor should ensure that the employees on site are Contractor 250,000.00: 200,000 Spills aware of the company procedures for dealing with spills and to cater for the safety leaks e.g., using dispersants or adding biological agents to speed Resident Engineer training seminars up the oil breakdown for the construction machinery though throughout the project induction and safety training (the contractor will propose a period (2 training method of clean-up which will be subject to approval); seminars each costing All vehicles and equipment should be kept in good working 100,000); 50,000 for order, serviced regularly in accordance to the manufacturers purchase of specifications and stored in an area approved by the Resident dispersants. Engineer/Supervising Consultant; Construction Soil Related The valuable top soil containing organic material, nutrients as Contractor No additional cost. Impacts well as seeds and the soil fauna should be excavated separately and piled in an adequate manner for re-use where applicable. Resident Engineers Plan emergency response measures in case of accidental oil spills. In case of any Cultural and Historical Findings, the chance find procedure shall be followed and a detailed study of the identified site will be done and awareness-raising meetings conducted. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly from the Contractor, Costs included in solid resources construction camps, sites and offices. and liquid waste Resident Engineer management below. Ensure proper measures are in place for collection and disposal County Water Officer of spilled oils and lubricants. Monitor water usage and storage infrastructure on site to prevent wastage ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 144 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Noise and Contractor to apply the applicable noise limits as per NEMA Contractor No additional Costs vibrations regulations and obtain a Construction Noise Permit prior to the Resident Engineer commencement of construction. Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time to ensure construction activities are mostly carried out during daytime hence not affecting residents neighbouring the construction sites. Contractor to prepare for approval by MAWASCO a Health and Safety Management Plan (HASP) detailing means to protect site workers and community from excessive noise and vibrations Contractor to prepare for approval by MAWASCO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. To the extent possible, heavy vehicles and equipment should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Health and safety Develop a site safety action plan detailing safety equipment to Contractor Toolbox meetings and risks be used, emergency procedures, restriction on site, frequency awareness trainings Resident Engineer and personnel responsible for safety inspections and controls. shall be included in the MAWASCO safety trainings listed above. 180,000.00 for ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 145 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure the installation of barriers like fences around active sites personal protective and other locations to prevent access to facilities by equipment per site - 20 unauthorized persons. pieces at an average of 9,000.00 per person There should be adequate warning and directional signs. broken down as Ensuring that the prepared code of conduct for staff is followed follows: safety boots – to prevent accidents. 4,000.00; Helmet – 1000.00; Reflector Provide workers with appropriate personal protective jackets – 400.00; equipment (PPE). At minimum: gloves, full-body suits, Gloves – 600.00; boots, and glasses and use of personal floating devices Overalls – 3,000.00. when working near ponds Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. Drinking, eating and smoking will be strictly prohibited within the treatment facility except in designated areas Maintain the facility to reduce risks of trip and slip Maintain records of safety and health incidents at the facility, including status of any associated follow-ups like treatment, compensation etc. Provide appropriate solid waste disposal facilities. Undertake regular medical surveillance among the operation and maintenance staff in line with the OSHA Medical Examination Rules Install and maintain waring signages around and within the facility ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 146 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Undertake independent Occupational safety and health audit at least annually as per OSHA 2007 Cordon off unsafe areas Provide first Aid kits and ensure availability of trained first aiders within the construction site. The ratio of trained first aiders to worker on site at any particular time should meet the threshold defined by the First Aid Rules under OSHA 2007 Construction Liability for loss Recording of all injuries that occur on site in the incident Contractor No additional Costs. of life, injury or register, and ensuring corrective actions for their prevention Resident Engineer Compensation to be damage to are instigated as appropriate. determined when it private property Contractor to ensure compliance with the Workmen's happens. Compensation Act, ordinance regulations and union agreements. The contractor to maintain appropriate insurance cover throughout the construction period. The Contractor to promptly repair any damage done to private property. Construction HIV & AIDS Sensitize workers and the surrounding communities on Contractor 200,000.00 per site to Impacts awareness, prevention and management of HIV/AIDS through cater for a Resident Engineer staff training, awareness campaigns, multimedia and comprehensive workshops or during community Barazas. Provide information, The County Government awareness program education and communication. including VCT services MAWASCO and provision for ARVs Use of existing clinics to provide VCT services to construction throughout the project crew and provision of ARVs for vulnerable community period. members ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 147 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Dispensing of contraceptives to workers, especially condoms to prevent spread of HIV/AIDS Construction Spread of COVID- The Contractors will develop a SOPs for managing the spread of All the Project 300,000.00 per site to 19 amongst Covid-19 during project execution and submit them for the components cater for Purchase of workers approval by the Supervision Engineer and the Client before PPEs, Handwashing Responsibility mobilization. The SOPs shall be in line with the World Bank facilities and guidance on COVID-19, Ministry of Health Directives and site- MAWASCO & detergents, Hand specific project conditions; Supervising Eng. & Sanitizers, Screening Contractor(s) gadgets and media Mandatory provision and use of appropriate Personal Workers communications Protective Equipment (PPE) shall be required for all project throughout the personnel including Suppliers, visitors etc accessing worksites; construction period. Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters. All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for covid-19; Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 148 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; Consider safe transportation of Workers to worksites, routine sanitization of shared vehicles etc. Construction Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 200,000.00 per site to 19 amongst meetings, whenever possible, shall be used. One on one components cater for Purchase of community engagements for the PAPs while observing social distance and PPEs, Handwashing members during adhering to PPE wearing shall be enforced; facilities and consultations Responsibility detergents, Hand Avoid concentrating of more than 15 community members at Sanitizers and media one location. Where two or more people are gathered, maintain MAWASCO Supervising communications social distancing of at least 2 meters; Eng. & Contractor(s) during community The team carrying out engagements within the communities on Social engagements one-on-one basis will be provided with appropriate PPE for the Expert/Communication number of people they intend to meet; s /stakeholder Engagement Expert. Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 149 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Socio-economic Unskilled and skilled (if available) labour to be hired from the Contractor No additional cost impacts local population as far as possible to minimize on influx of non- Resident Engineer residents into the community. Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through staff training, awareness campaigns, multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members The Contractor should enforce and maintain a code of conduct for his employees ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 150 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Child Labour and Ensure no children are employed on site in accordance with the Contractor No additional Costs Protection law Resident Engineer Ensure that any child sexual relations offenses among Local Administration contractors' workers are promptly reported to the police and other relevant authorities. Prepare and implement a Labour Influx Management Plan Construction Gender-based The Contractor shall ensure clear human resource policy Contractor 300,000.00 to cater violence (GBV) against Gender-based violence that is aligned with national law for implementation of Resident Engineer the GBV action plan(s). Integrate provisions related to GBV in the employee CoC GBV Expert/Focal The Contractor shall ensure appointment of a GBV focal Person(s) person(s) to manage related reports according to policy The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from GBV. The contractor will implement provisions that ensure that GBV at the community level is not triggered by the Project, The contractor shall develop a specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc The contractor will ensure adequate referral mechanisms are in place should a case of GBV at the community level is reported related to project implementation ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 151 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Sexual Develop and implement a SEA action plan with an Contractor 250,000.00 to cater Exploitation and Accountability and Response Framework as part of the C-ESMP. for implementation of Resident Engineer Abuse by project The SEA action plan will follow guidance on the World Bank’s the SEA action plan and workers against Good Practice Note for Addressing Gender-based Violence in SEA Focal Person(s) Non-Discrimination themselves and Investment Project Financing involving Major Civil Works (Sept Policy. the community 2018). GBV Expert/Focal members person The SEA action plan will include how the project will ensure necessary steps are in place for: Local NGO Prevention of SEA: including COCs and ongoing sensitization of Local CBO staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials; Response to SEA: including survivor-cantered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 152 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. Construction Gender Ensure equitable distribution of employment opportunities The contractor 200,000.00 per site to empowerment between men and women cater for hiring male The Resident Engineer and female mobile Provide temporary toilets and bathrooms for both male and toilets at the project female workers on site site. Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Initiative) Resident Engineer to provide security within the site in addition to the Contractor’s own security. Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 153 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the offense, location, date, time, and all other pertinent details. Construction Generation of Sorting of all wastes collected by the dustbins before MAWASCO 75,000.00 per site to solid and liquid transporting to the relevant facilities. cater for solid waste Contractor waste management such as Continuous removal of solid waste to prevent overloading of the colour coded bins (red- drainage system to ensure its efficiency hazardous, yellow- All transporters used should have a license from NEMA. recyclable & green- organic); as well as sealed collection drums for used oil disposal. Construction Loss of flora and Re-plant the vegetation as much as possible once work is Contractor 30,000.00 per site for fauna/Biodiversi completed. restoration of the eco- Resident Engineer ty within the system within the Spare the vegetation that must not necessarily be removed such project site County Officer- Water project site. as trees by clearly demarcating construction areas. Energy and Natural Minimize the amount of destruction caused by machinery by Resources promoting non-mechanized methods of construction. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 154 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The Contractor should ensure that the employees on site are aware of the company procedures for dealing with spills and leaks e.g. using dispersants or adding biological agents to speed up the oil breakdown for the construction machinery though induction and safety training (the contractor will propose a method of clean-up which will be subject to approval); Provision of segregated dustbin and sanitation facilities within the Contractor’s camp to prevent seepage into the natural environment. Operation Occupational Ensure that all equipment is in good working conditions to MAWASCO No additional Cost Safety and Health prevent occupational hazards. Impacts Establish a Health and Safety Plan (HASP) for maintenance work. Use of masks while working in the environment full of dust, chemicals and pathogens to avoid respiratory related sicknesses. Provide workers with appropriate personal protective equipment (PPE). Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. Operation Air quality Provide adequate framework for disposal of septic waste from MAWASCO No additional cost ablution blocks to avoid overflows. Constant monitoring of the facility to ensure proper management and cleanliness to avoid rendering the facility ineffective. Odours generated by the facility can be controlled by use of suppressants. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 155 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Operation Usage and Provide adequate training on the community groups operating MAWASCO No additional cost as it Management of the facility to maintain cleanliness and avoid wastage of is included in the other resources. Contractor the Facilities comprehensive Provide awareness program to the public on the proper usage awareness programs of the facility to prevent disease outbreak and conservation of in the ESMP. resources. Operation Generation of Sorting of all wastes collected by the dustbins before MAWASCO 50,000.00 to cater for solid wastes transporting to the relevant facilities. the capital of acquiring Contractor dustbins to be used Continuous removal of solid waste to prevent overloading of the during the operation drainage system to ensure its efficiency period of the project. All transporters used should have a license from NEMA. Other costs to be included in the O&M Manual. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 156 Zamconsult Consulting Engineers Ltd. June 2021 Sludge Treatment Facility Environmental and Social Management Plan (ESMP) Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Pre- Loss of Loss of assets to be valued and compensated in accordance MAWASCO/County construction/ residential, farm with the World bank guidelines and policy. government planning structures and fences within the project sites Pre- Loss of Loss of livelihoods to be valued and compensated in MAWASCO/County 79,438,469.72 construction/ livelihoods accordance with the World Bank guidelines and policy. government planning within the project sites Pre- Loss of trees and Loss of assets to be valued and compensated in accordance MAWASCO/County construction/ crops within the with the World Bank guidelines and policy. government planning project sites Pre- Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 150,000.00 to cater for construction/ 19 amongst meetings, whenever possible, shall be used whenever components Purchase of PPEs, planning community feasible. One on one engagements for the PAPs while Handwashing facilities and members during observing social distance and adhering to PPE wearing shall detergents, Hand Sanitizers consultations be enforced; Responsibility and media communications during community Avoid concentrating of more than 15 community members at MAWASCO engagements one location. Where two or more people are gathered, Supervising Eng. & maintain social distancing of at least 2 meters; Contractor(s) The team carrying out engagements within the communities Social on one-on-one basis will be provided with appropriate PPE Expert/Communica for the number of people they intend to meet; tions ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 157 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Use traditional channels of communications (TV, newspaper, Expert/stakeholder radio, dedicated phone-lines, public announcements and Engagement Expert mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Increased Traffic Provision temporary road signs or notices to indicate Contractor 650,000.00 broken down hence Congestion ongoing works. supervised by the as follows: 10 traffic signs to Resident Engineer inform the public and Effecting traffic controls to avoid congestion and accidents control traffic @ 20,000; 5 on roads. banksmen to direct traffic Choosing suitable traffic routes/diversions to reduce the within site & in the impact in the neighbourhood. diversions: 15,000 p.m for 6 months Construction Ambient air Use Respiratory Protective Equipment (RPE) like masks on Contractor 200,000.00 to cater for dust quality construction crew and all visitors to the site. masks for the whole project Supervising period for all site users. Engineer ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 158 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Use equipment fitted with water suppression to minimize the amount of dust. Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; Vehicles and construction machinery to be properly maintained and to comply with relevant emission standards. The contractor to provide protective clothing like, dust masks to construction crew and visitors to the site. All waste must be transported off- site for processing, not burnt or stored for any longer than is absolutely necessary. Construction Site Related Oil The Contractor should ensure that the employees on site are Contractor 1,000,000.00: 800,000 to Spills aware of the company procedures for dealing with spills and cater for the safety training leaks e.g. using dispersants or adding biological agents to Supervising seminars throughout the speed up the oil breakdown for the construction machinery Engineer project period (2 training though induction and safety training (the contractor will seminars each costing propose a method of clean-up which will be subject to 400,000); 200,000 for approval); purchase of dispersants. All vehicles and equipment should be kept in good working order, serviced regularly in accordance to the manufacturers specifications and stored in an area approved by the Resident Engineer/Supervising Consultant; Construction Soil Related The valuable top soil containing organic material, nutrients as Contractor No additional cost. Impacts well as seeds and the soil fauna should be excavated ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 159 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact separately and piled in an adequate manner for re-use where Supervising applicable. Engineers Plan emergency response measures in case of accidental oil spills. Construction Impacts on Water Ensure proper solid and liquid wastes disposal mainly from Contractor, Costs included in solid and resources the construction camps, sites and offices. liquid waste management Supervising below. Ensure proper measures are in place for collection and Engineer disposal of spilled oils and lubricants. County Water Monitor usage of water and associated storage infrastructure Officer on site to prevent wastage Carry out required tests as required before releasing water by-product to the environment Construction Noise and Contractor to agree noise limits/ noise control stations with Contractor No additional Costs vibrations NEMA and obtain a Construction Noise Permit prior to the Supervising commencement of construction work. Engineer Positioning Powered Mechanical Equipment (PME) so that noise is directed away from sensitive areas; Harmonized sleeping time Contractor to prepare for approval by MAWASCO a Health Management Plan (HMP) detailing means to protect site workers and community from excessive noise and vibrations Special care should be taken when construction is taking place near sensitive receptors such as schools and hospitals. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 160 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact To the extent possible, heavy vehicles should not be used at night across populated areas. Ensure that construction equipment is operating optimally and with operational noise mufflers where possible. Construction Occupational Develop a site safety action plan detailing safety equipment to Contractor Toolbox meetings and Safety & Health be used, emergency procedures, restriction on site, frequency awareness trainings shall be Supervising Risks and personnel responsible for safety inspections and controls. included in the safety Engineer trainings listed above. Ensure provision and consistent use of PPE by workforce. The MAWASCO contractor should commit himself to strict implementation of 900,000.00 for personal OSHA regulations during construction and operations. protective equipment for 100 pieces at an average of Cordon off unsafe areas: Ensure the installation of barriers 9,000.00 per person broken like fences around active sites and other locations to prevent down as follows: safety access to facilities by unauthorized persons. boots – 4,000.00; Helmet – The workers should receive requisite training especially on 1000.00; Reflector jackets – the operation of the machinery and equipment 400.00; Gloves – 600.00; Overalls – 3,000.00. Provision of adequate warning and directional signs. Ensuring that the prepared code of conduct for staff is followed to prevent accidents. Draft operational policies on safety e.g. Alcohol use, speed limits. Spread awareness to curb vandalism of safety equipment and other installations. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 161 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure that all construction machines and equipment are in good working conditions and to manufacturer’s specifications to prevent occupational hazards. As applicable, equipment should only be operated by authorised personnel Appoint a trained health and safety team for the duration of the construction work. Work to minimize or altogether eliminate mosquito breeding sites. Provide adequate appropriate human and solid waste disposal facilities e.g. Toilets and dustbins. Undertake registration of the site by DOSH as a construction site Provide first Aid kits and ensure availability of trained first aiders within the construction site. The ratio of trained first aiders to worker on site at any particular time should meet the threshold defined by the First Aid Rules under OSHA 2007 Construction Liability for loss Recording of all injuries that occur on site in the incident Contractor No additional Costs. of life, injury or register, corrective actions for their prevention are instigated Supervising Compensation to be damage to as appropriate. Engineer determined when it private property Contractor to ensure compliance with the Workmen's happens. Compensation Act, ordinance regulations and union agreements. Contractor will maintain appropriate insurance cover throughout the construction period ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 162 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The Contractor to repair any damage done to private property. Construction Spread of COVID- The Contractors will develop SOPs for managing the spread of All the Project 300,000.00 to cater for 19 amongst Covid-19 during project execution and submit them for the components Purchase of PPEs, workers approval by the Supervision Engineer and the Client before Handwashing facilities and Responsibility mobilization. The SOPs shall be in line with the World Bank detergents, Hand Sanitizers, guidance on COVID-19, Ministry of Health Directives and site- MAWASCO & Screening gadgets and specific project conditions; Supervising Eng. & media communications Contractor(s) throughout the construction Mandatory provision and use of appropriate Personal Workers period Protective Equipment (PPE) shall be required for all project personnel including Suppliers, visitors etc accessing worksites; Avoid concentrating of more than 15 workers at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters. All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs; The project shall put in place means to support rapid testing of suspected workers for covid-19; Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 163 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, doorknobs, handrails etc; Consider safe transportation of Workers to worksites, routine sanitization of shared vehicles etc. Construction Spread of COVID- Electronic means of consulting stakeholders and, holding All the Project 300,000.00 to cater for 19 amongst meetings, whenever possible, shall be used whenever components Purchase of PPEs, community feasible. One on one engagements for the PAPs while Handwashing facilities and members during observing social distance and adhering to PPE wearing shall detergents, Hand Sanitizers consultations be enforced; Responsibility and media communications during community Avoid concentrating of more than 15 community members at MAWASCO engagements one location. Where two or more people are gathered, Supervising Eng. & maintain social distancing of at least 2 meters; Contractor(s) The team carrying out engagements within the communities Social on one-on-one basis will be provided with appropriate PPE Expert/Communica for the number of people they intend to meet; tions Expert/Stakeholde Use traditional channels of communications (TV, newspaper, r Engagement radio, dedicated phone-lines, public announcements and Expert mail) when stakeholders do not have access to online channels or do not use them frequently. Ensure to provide and allow participants to provide feedback and suggestions. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 164 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chat groups. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. Construction Spread of HIV & Sensitize workers and the surrounding communities on Contractor 400,000.00 to cater for a AIDS Impacts awareness, prevention and management of HIV/AIDS comprehensive awareness Supervising through staff training, awareness campaigns, multimedia and program including VCT Engineer workshops or during community Barazas. Provide services and provision for information, education and communication. The County ARVs throughout the project Government period. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community MAWASCO members Construction Socio-economic Unskilled and skilled (if available) labour to be hired from the Contractor No additional cost impacts local population as far as possible to minimize on influx of Supervising non-residents into the community. Engineer Use of manual labour during excavation and construction works where possible to ensure more employment of locals and hence ensure project support throughout the construction process. Ensure effective and matching contractual provisions for contractor to manage labour influx. Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 165 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact through staff training, awareness campaigns, multimedia, and workshops or during community Barazas. Use of existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members The Contractor should enforce and maintain a code of conduct for his employees Construction Child Labour and Ensure no children are employed on site in accordance with Contractor No additional Costs Protection the law Supervising Ensure that any child sexual relations offenses among Engineer contractors' workers are promptly reported to the police and Local other relevant authorities. Administration The contractor will ensure proper records of labour force on site while avoiding child and forced labour Comply with all relevant local legislation, including labor laws in relation to child labor specifically provisions of Kenya’s Employment Act Cap 226 of 2007 Part VII on protection of children against exploitation. Construction Sexual Contractor 300,000.00 to cater for exploitation and implementation of the SEA Develop and implement SEA action plan with an Resident Engineer abuse (SEA) of action plan(s). Accountability and Response Framework as part of the C- community SEA Focal ESMP. members by Person(s) project workers The SEA action plan should follow guidance on the World including Bank’s Good Practice Note for Addressing Gender-based ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 166 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Violation of Violence in Investment Project Financing involving Major GBV Expert/focal children’s rights Civil Works (Sept 2018). person by contractor and The SEA action plan will include how the project will ensure labour forces on necessary steps are in place for: site. Prevention of SEA: including CoCs and ongoing sensitization of staff on responsibilities related to the CoC and consequences of non-compliance; project-level IEC materials; Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle-blower protection and investigation and disciplinary procedures; training for all project management; management of coordination ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 167 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. The Contractor shall ensure clear human resource policy against Gender-based violence that is aligned with national law Integrate provisions related to GBV in the employee CoC The Contractor shall ensure appointment of a GBV focal person(s) to manage related reports according to policy The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from GBV. The contractor will implement provisions that ensure that GBV at the community level is not triggered by the Project, The contractor shall develop a specific plan for mitigating these known risks, e.g. sensitization around gender- equitable approaches to compensation and employment; etc The contractor will ensure adequate referral mechanisms are in place should a case of GBV at the community level is reported related to project implementation ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 168 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Gender-based The contractor will implement provisions that ensure that Contractor 250,000.00 to cater for violence at gender-based violence at the community level is not triggered implementation of the SEA Resident Engineer community level. by the Project, including: action plan and Non- Sexual GBV & SEA Focal Discrimination Policy. effective and on-going community engagement and Exploitation and Person(s) consultation, particularly with women and girls; Abuse by project workers against review of specific project components that are known to themselves and heighten GBV risk at the community level, e.g. compensation the community schemes; employment schemes for women; etc. members Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation The works contractor should be required, under its contract, to prepare and enforce SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note. A Non-Discrimination Policy, in accordance with national law will be developed and enforced where applicable. Construction Gender Ensure equitable distribution of employment opportunities The contractor 160,000.00 to cater for empowerment between men and women temporary separate male The Supervising and female toilet facilities at Engineer the contractor’s camp. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 169 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Provide temporary toilets and bathrooms for both male and female workers on site Construction Crime Fencing around project area. Contractor No additional Costs Management Working with local committees (e.g. “Nyumba Kumi Supervising Initiative) to provide security within the site in addition to the Engineer Contractor’s own security. Removing any employee who persists in any misconduct or lack of care, carries out duties incompetently or negligently, fails to conform to any provisions of the contract, or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel, and to preserve peace and protection of persons and property on and near the site. Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. The contractor and Supervision Consultant should register in a log all events of a criminal nature that occur at the worksite. The contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the contractor's employees (whether on or off the worksite) to the police and undertake the necessary follow-up. Crime reports should include nature of the offense, location, date, time, and all other pertinent details. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 170 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Construction Generation of Sorting of all wastes collected by the dustbins before MAWASCO 150,000.00 to cater for solid and liquid transporting to the relevant facilities. solid waste management Contractor waste such as colour coded bins Continuous removal of solid waste to prevent overloading of (red-hazardous, yellow- the drainage system to ensure its efficiency recyclable & green-organic); All transporters used should have a license from NEMA. as well as sealed collection drums for used oil disposal. Construction Loss of flora and Spare the vegetation that must not necessarily be removed Contractor 100,000.00 for restoration fauna/Biodiversi such as trees by demarcating working areas. of the eco-system within the Supervising ty within the project site. Re-plant the vegetation as much as possible once work is Engineer project site completed. County Officer- Minimize the amount of destruction caused by machinery by Water Energy and promoting non-mechanized methods of construction. Natural Resources Construction Impact on local The Contractor will prepare a traffic management plan to Contractor 650,000.00 broken down as traffic provide safety measures for motorists, contractor workers supervised by the follows: 10 traffic signs to including diversion routes, road signs and barriers. Resident Engineer inform the public and control traffic @ 20,000; 5 Effecting traffic controllers/marshals at junctions, active banksmen to direct traffic construction sites to man and control the traffic. within site & in the Choosing suitable traffic routes/diversions to reduce the diversions: 15,000 p.m for 6 impact in the neighbourhood. months The Contractor will provide temporary legible and reflective road signs or notices to indicate ongoing works; ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 171 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact The Resident Engineer and Contractor should choose traffic routes to reduce the impact in the neighbourhood avoiding, as far as practical any sensitive areas; For the site traffic the Contractor has to ensure that they only park in designated parking areas; avoid blocking pedestrian routes; and obey set speed limits. The resident Engineer has to ensure that the Contractor: i. Introduces segregated pedestrian walkways within the construction sites; ii. Introduce and enforce speed limits particularly in the residential areas; Reduces the need for reversing vehicles, by introducing a one- way system. Operation Generation of Sorting of all wastes collected in the dustbins before MAWASCO 50,000.00 to cater for the solid waste and transporting to the relevant facilities. capital of acquiring dustbins Contractor septic effluent to be used during the Continuous removal of solid waste to prevent overloading of operation period of the the drainage system to ensure its efficiency project. Other costs to be All waste transporters used should have a license from NEMA. included in the O&M Manual. Regularly monitor the quality of effluent discharged from the treatment plant against the EMCA effluent quality standards defined in the Environmental Management and Coordination (Water Quality) Regulations, 2006 Use of the dried cake as raw material in the value addition processing in the manufacture of briquettes ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 172 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Operation Air Quality Ensure strict guidelines are followed in loading of the ponds MAWASCO No additional Cost to meet the performance standards, avoiding unnecessary odour release Regular monitoring of the behaviour of the sludge facility to prevent oversupply of septic waste which may render the facility ineffective. Odours generated by the facility can be controlled by use of suppressants and regular cleaning of the discharge bay. Ensure regular availability of water within the facility to meet the discharge handling bay cleaning requirements Re-use of the dried cake for the manufacturing of briquettes will clear the dried-up sludge hence assist in improving air quality Ensure that filter bags are installed and maintained in the briquette making process and regularly monitor compliance with the regulatory requirements on Particulate Matter emission Planting of trees in the buffer zone of 30m to break wind and protect the surrounding environment from bad odours. Operation Health & Safety Ensure that all equipment is in good working conditions to MAWASCO No additional Cost risks prevent occupational hazards. Establish a Health and Safety Plan (HASP) for operation and maintenance work, identifying all risks, response actions and equipment including emergency response plan ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 173 Zamconsult Consulting Engineers Ltd. June 2021 Project Environmental Cost (Kes.) Mitigation Measure Responsibility Phase / Social Impact Use of masks while working in the environment full of dust, chemicals and pathogens to avoid respiratory related sicknesses. Provide workers with appropriate personal protective equipment (PPE). At minimum: gloves, full-body suits, boots, and glasses and use of personal floating devices when working near ponds. Provide workers training on safety procedures and emergency response such as fire, other accidents that may arise at site. Maintain records of safety and health incidents at the facility, including status of any associated follow-ups like treatment, compensation etc. Drinking, eating and smoking will be strictly prohibited within the treatment facility except in designated areas Maintain the facility to reduce risks of trip and slip Provide appropriate solid waste disposal facilities. Undertake regular medical surveillance among the operation and maintenance staff in line with the OSHA Medical Examination Rules Install and maintain waring signages around and within the facility Undertake independent Occupational safety and health audit at least annually as per OSHA 2007 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 174 Zamconsult Consulting Engineers Ltd. June 2021 The estimated cost for implementing the ablution ESMP during construction is Kes. 2,435,000.00 (Two Million, Four Hundred and Thirty-five thousand Kenya Shillings) per ablution site. In total, the 7 ablution sites for Malindi will require approximately Kes. 17,045,000.00 (Seventeen Million, Forty-Five Thousand Shillings). Further, for the Faecal Sludge treatment plant ESMP, Kes. 4,910,000.00 (Four Million, Nine Hundred and Ten Thousand Kenya Shillings) will be required and a total of Kes. 79,438,469.72 (Seventy-Nine Million, Four Hundred and Thirty-Eight Thousand, Four Hundred and Sixty-Nine and seventy-Two Cents) for RAP Implementation. Thus, the total cost for implementing the ESMP for the Malindi sanitation projects is Kes. 101,393,469.72 (One-Hundred and One Million, Three Ninety-Three Thousand, Four Hundred and Sixty-Nine and seventy-Two Cents). ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 175 Zamconsult Consulting Engineers Ltd. June 2021 INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF THE ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water & Will be an overall implementing agency. Sanitation and Central agency responsible for holding all information on the Irrigation (MOWSI) ESIA and RAP. Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ESIA and RAP. County Government of The relevant departmental officers within Kilifi County will be Kilifi called upon where necessary during Project implementation to provide the necessary permits and advisory services to the MAWASCO The RAP Implementation budget shall be funded by the County Government CWWDA Responsible for the major contractual issues arising in this safeguards contract. MAWASCO Responsible for contracting the works, supervising and managing the contractor under the project Responsible for day-to-day coordination and implementation of the project. Oversee the contractor’s work Seek approval from NLC for the acquisition of any parcels required for the sub-projects. Assist in the establishment of the SCRCC and LRCCs. Establish the SCRCC and LRCCs operations. Make funding request from MOWS for RAP implementation and compensation through NLC. Ensure the grievance committees are established and working. Monitor the ESMP implementation. Responsible for implementation of the operation Phase ESMP NEMA Review ESIA report and provide a NEMA license for the ESMP. Be part of the SCRCC and participate in the resolution of grievances. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 176 Zamconsult Consulting Engineers Ltd. June 2021 Escalate unsolvable grievances to the tribunal. Sub-County Ensure effective flow of information between the Contractor Resettlement and and public Compensation Coordinate Locational Resettlement and Compensation Committees (SCRCC) Committees (LRCCs), validate inventories of PAPs and affected assets; monitor the disbursement of compensation funds; guide and monitor the implementation of relocation Coordinate activities between the various organizations involved in relocation; facilitate grievance and conflict resolution; and provide support and assistance to vulnerable groups. Conducting extensive public awareness and consultations with the affected people so that they can air their concerns, interests and grievances. Resolve disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate formal grievance procedures laid out in this ESIA. Locational Conduct extensive public awareness and consultations. Resettlement and Help ensure that local concerns raised by PAPs and Compensation stakeholders as regards resettlement among others are Committee (LRCC) promptly addressed by relevant authorities. Resolve manageable disputes that may arise. If it is unable to resolve, help refer such grievances to the SCRCC. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included. KFS Provision of technical support in resettlement, including deforestation issues Contractor Responsible for overall implementation of the construction phase ESMP Liaise with the client in ensuring traffic is controlled and natural resources are preserved as much as possible. Shall organize public awareness programs and involve the public in the project implementation. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 177 Zamconsult Consulting Engineers Ltd. June 2021 ENVIRONMENTAL AND SOCIAL MONITORING PLAN The purpose of the Environmental and Social Monitoring Plan for the proposed project is to initiate a mechanism for implementing mitigation measures for the potential negative environmental impacts and monitor the efficiency of these mitigation measures based on relevant environmental indicators. The Environmental and Social Management Plan identified certain roles and responsibilities for different stakeholders for implementation, supervision and monitoring. The objectives of the Environmental and Social Monitoring Plan therefore are:  To ensure that the recommendations in the approved ESIA report are adhered to by the various institutions  To ensure that the environmental and social mitigation and their enhancement actions are well understood and communicated to all involved stakeholders.  To ensure that the proposed environmental and social remedial measures are implemented during the project execution stage.  To evaluate the effectiveness of environmental and social remedial measures.  To evaluate the effectiveness of various evaluation techniques and procedures.  To provide the Proponent and the relevant Lead Agencies with a framework to confirm compliance with relevant laws and regulations. Conversely, environmental monitoring provides feedback about the actual environmental impacts of the project. Monitoring results help judge the success of mitigation measures in protecting the environment. They are also used to ensure compliance with environmental standards, and to facilitate any needed project design or operational changes. A monitoring program, backed up by powers to ensure corrective action when the monitoring results show it necessary, is a proven way to ensure effective implementation of mitigation measures. By tracking the project’s actual impacts, monitoring reduces the environmental risks associated with the project, and allows for project modifications to be made where required. INCIDENT REPORTING As per the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 and its 2015 revisions, and World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be promptly reported to the respective regulatory institutions in the prescribed manner and template outlined in DOSH ML/DOSH/FORM 1 and further to the World Bank. Records of all incidents shall also be maintained and made available for inspection on site throughout the project implementation phase. Investigation shall be conducted, and a corrective action plan developed for every reportable incident to prevent recurrence. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 178 Zamconsult Consulting Engineers Ltd. June 2021 Table below present the indicators that will be used to monitor the implementation of the project. The indicators are selected based on the project and major anticipated impacts. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 179 Zamconsult Consulting Engineers Ltd. June 2021 Environmental and Social Monitoring Plan for Ablution Bocks Table 8-1: Ablution Blocks Environmental and Social Monitoring Plan Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Pre- Loss of  Record of accidents and  Review of records Weekly Environmental Implement construction livelihoods, damages done Supervisor recommendations  Interviews with staff /Planning structures  Records of No of PAPS and local community. MAWASCO/Co within the compensated unty project sites and Government of damage to  No of grievances related to compensation registered Kilifi. private property RIC Committee Construction Increased Traffic  Level of traffic generated.  Physical inspection Weekly Environmental Implement hence Supervisor recommendations  Lack of proper and adequate  Number of complaints Congestion signage to reroute vehicles. Contractor Construction Ambient air  Level of dust generated.  Physical inspection Weekly Environmental Implement quality Supervisor recommendations  Provision of PPE.  Interview residents including workers  Records on no of PPEs purchased  Liaise with other stakeholders Construction Site Related Oil  Presence of oil spillage due  Physical inspection Monthly Environmental Implement Spills to the construction Supervisor recommendations  Number of complaints activities. Contractor Construction Soil  Presence of oil spills on the  Physical inspection Monthly Environmental Implement construction site. Supervisor recommendations  Number of complaints ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 180 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Flow of wastewater on the Contractor ground surface. Construction Impacts on  Presence of solid and liquid  Physical inspection Monthly Environmental Implement Water resources waste in water resources. Supervisor recommendations  Number of complaints  Evidence of oil spills in Contractor water resources. Construction Noise and  Level of noise generated.  Liaise with other Monthly Environmental Implement vibrations stakeholders. Supervisor recommendations  Provision of PPE.  Documentation on  Compliance with existing complaints about noise noise standard issued by NEMA. Construction Labour influx  Number of grievances  Interview staff and Quarterly Supervising Implement GBV into project recorded by disgruntled community members Engineer Specialist’s areas works force and community recommendations  Liaise with other  Number of workforce stakeholders Recruit local employed from the local workers, including  Review employment community women, where records  Number of female and male possible workers employed  Labour Influx Plan, with provisions on GBV, SEA and SH Construction Occupational  SH Policy  Interview project staff Weekly Environmental Investigate non- & Operation health and and management Supervisor compliance  SH provisions in CoC safety risks Implement recommendations ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 181 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Discrete SH reporting  Compliance with SH to improve the pathway provisions in CoC safety and dignity  Number of trainings for staff  Physical inspection of male and female on SH workers  Training attendance  HR trained in SH lists  Number of fatalities and  Documentation of accidents recorded in the fatalities and accidents incidence book  Construction Sexual  SEA Action Plan  Interview staff and Monthly SEA Focal Investigate non- exploitation and community members Person(s) compliance  Code of Conduct abuse of  Liaise with other Ensure women community  Number of staff trainings stakeholders and girls are members by project workers  SEA FP included in public  Training attendance consultations  Community Liaison Officer lists trained in PSEA Ensure SEA issues  Documentation of SEA  IEC materials for workers cases are discussed sites and community during community  Consultations with engagement  Discrete SEA reporting community members, activities pathway women and girls Involve  Relevant policies, e.g.  Physical review of IEC community investigations and discipline materials members in and whistle blower developing  Monthly minutes from protection referral pathways SEA coordination meetings  SEA Risk Assessment ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 182 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Construction Gender based  GBV Action Plan  Interview staff and Monthly GBV Focal Investigate non- violence at the community members person compliance  Mitigation plan for GBV community level occurring at the community  Liaise with other Implement GBV level as a result of project stakeholders Specialist’s implementation recommendations  Training attendance  Discrete GBV reporting lists Involve pathway community  Documentation of SEA members in  Number of GBV cases at the cases developing community level that referral pathways  Consultations with receive survivor-centered community members, referral and care women and girls  GBV Risk Assessment Construction Spread of  Number of Trainings and  Interview staff and Quarterly Social Ensure communicable campaigns Held community members specialists accessibility of diseases and medical care  Number of community  Training attendance HIV/AIDS facilities members and workers in lists impacts trainings attendance  Inspection of HIV/AIDS prevention measures put within the site.  Construction Liability for loss  Record of accidents and  Review of records Quarterly Social Implement of life, injury or damages done specialists recommendations  Interviews with staff damage to and local community. Ensure adequate private property compensation ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 183 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring done to damaged private property Construction Spread of  Availability of SOP(s),  Review of records Monthly DOSH Implement COVID-19 recommendations  Training material, sanitising  Interviews with staff amongst facilities etc and local community workers  Provision of PPES &  Physical inspection sanitizers  Installations of Hand washing facilities Construction Spread of  Availability of SOP(s),  Review of records Monthly Social Implement COVID-19 Safeguards recommendations  Training material, PPE,  Interviews with staff amongst sanitising facilities etc and local community Supervisor community members during  Provision of PPES & consultations sanitizers during meetings processes Construction Gender  Number of female  Review of company Monthly Social Implement Empowerment employees staff records. Safeguards recommendations  Number of male and female  Physical Inspection Consultant toilets Supervisor  Attendance lists  No of Trainings conducted Construction Child Labour  Record of employees  Review of records Monthly Social Implement and Protection including IDs Safeguards recommendations Supervisor ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 184 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Interviews with staff and local community Construction Crime  Number of reported crimes  Review of records Monthly Social Implement Management Safeguards recommendations  Number of complaints  Interviews with staff and local community Supervisor  Review of plan by the contractor Construction Flora and  Type and amount of  Documentation on Bi-Monthly Environmental Implement fauna/Biodivers vegetation cut or replaced types and number of Supervisor recommendations ity within the seedlings purchased project site  Documentation on types and number of seedlings planted  Physical Inspection Construction Solid & Liquid  Scattered litter  Physical inspection Monthly Environmental Implement & Operation waste Supervisor recommendations  Flow of wastewater on the  Number of complaints. ground surface. Contractor  Provision of sanitary facilities to the construction crews. Operation Air Quality  Level of odour generated.  Physical inspection Quarterly Environmental Implement Supervisor recommendations  No of Complaints registered  Interview residents including workers  Number of Staff and/or Residents suffering from  Liaise with other health complications related stakeholders to inhaling poor air quality ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 185 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Routine Audits Environmental and Social Monitoring Plan for Sludge Treatment Facility Table 8-2: Proposed Environmental and Social Monitoring Plan for Sludge Treatment Facility Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Pre- Loss of Assets  Record on number of  Physical observation Once Environmental Implement construction and livelihood structures destroyed and Supervisor recommendations  RAP implementation / planning compensated records  No. of lawns affected and compensated  No. of peoples whose livelihoods have been restored Pre- Loss of  Record on amount of  Physical observation Once Environmental Implement construction vegetation vegetation cleared Supervisor recommendations / planning Construction Increased Traffic  Level of traffic generated.  Physical inspection Weekly Environmental Implement hence Supervisor recommendations  Availability/Lack of proper  Number of complaints Congestion and adequate signage to  Traffic incident Contractor reroute vehicles. records ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 186 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Construction Ambient air  Level of dust generated.  Physical inspection Weekly Environmental Implement quality Supervisor recommendations  Provision of PPE.  Interview residents including workers  Respiratory infections reported in the nearby health  Liaise with other facility. stakeholders Construction Site Related Oil  Presence of oil spillage due to  Physical inspection Monthly Environmental Implement Spills the construction activities. Supervisor recommendations  Number of complaints Contractor Construction Soil  Presence of oil spills on the  Physical inspection Monthly Environmental Implement construction site. Supervisor recommendations  Number of complaints  Flow of wastewater on the Contractor ground surface. Construction Impacts on  Presence of solid and liquid  Physical inspection Monthly Environmental Implement & operation Water resources waste in water resources. Supervisor recommendations  Number of complaints  Evidence of oil spills in water Contractor  Water Quality reports resources.  Monitoring of water contamination Construction Noise and  Level of noise generated dB  Liaise with other Monthly Environmental Implement vibrations (A). stakeholders. Supervisor recommendations  Provision and use of PPE by  Documentation on exposed workers. complaints about noise ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 187 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Compliance with existing noise standard issued by NEMA. Construction Labour influx  Number of grievances  Interview staff and Quarterly Supervising Implement GBV into project recorded by disgruntled community members Engineer Specialist’s areas works force and community recommendations  Liaise with other  Number of workers stakeholders Recruit local employed from the local workers, including  Review employment community women, where records including possible  Number of female and male labour returns workers employed  Labour Influx Plan, with provisions on GBV, SEA and SH Construction Occupational  SH Policy and Health and  Interview project staff Weekly Environmental Investigate non- & Operation health and safety Safety Plan (HASP) and and management during Supervisor compliance risks associated instructions on construction Implement  Work place site and annually recommendations registration  Registration of sites work certificates during to improve the places with DOSHS operation safety and dignity  Compliance with SH of male and female  SH provisions in CoC provisions in CoC workers  Discrete SH reporting  Physical inspection pathway  Training attendance  Number of trainings for staff lists on SH  Documentation of  HR trained in SH fatalities and accidents ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 188 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring  Number and nature of  Occupational safety incidents and accidents and health audit recorded in the incidence reports book  Level of access restriction on site and register of visitors  Availability of appropriate PPEs including gloves, safety boots, personal floatation devices  Occupational health examination records Construction Sexual  SEA Action Plan  Interview staff and Monthly SEA Focal Investigate non- exploitation and community members Person(s) compliance  Code of Conduct abuse of  Liaise with other Ensure women community  Number of staff trainings and girls are stakeholders members by  SEA FP included in public project workers  Training attendance consultations  Community Liaison Officer lists trained in PSEA Ensure SEA issues  Documentation of SEA are discussed  IEC materials for workers cases during community sites and community engagement  Consultations with  Discrete SEA reporting community members, activities pathway women and girls Involve  Relevant policies, e.g.  Physical review of IEC community investigations and discipline materials members in developing referral pathways ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 189 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring and whistle blower  Monthly minutes from protection SEA coordination meetings  SEA Risk Assessment Construction Gender based  GBV Action Plan  Interview staff and Monthly GBV Focal Investigate non- violence at the community members person compliance  Mitigation plan for GBV community level occurring at the community  Liaise with other Implement GBV level as a result of project stakeholders Specialist’s implementation recommendations  Training attendance  Discrete GBV reporting lists Involve pathway community  Documentation of of members in  Number of GBV cases at the SEA cases developing community level that receive referral pathways  Consultations with survivor-centered referral community members, and care women and girls  GBV Risk Assessment Construction Spread of  Number of Trainings and  Interview staff and Quarterly Social Ensure communicable campaigns Held community members specialists accessibility of diseases and  medical care Number of community  Training attendance facilities HIV/AIDS members and workers in lists impacts trainings attendance  Inspection of HIV/AIDS prevention measures put within the site. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 190 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Construction Liability for loss  Record of accidents and  Review of records Monthly Environmental Implement of life, injury or damages done Supervisor recommendations  Interviews with staff damage to  Availability of valid and local community. private property contractor’s insurance covers Construction Spread of  Availability of SOP(s),  Review of records Monthly Social Implement COVID-19 Safeguards recommendations  Training material, sanitising  Interviews with staff amongst facilities etc and local community Supervisor workers  Provision of PPES & sanitizers  Installations of Hand washing facilities Construction Spread of  Availability of SOP(s),  Review of records Monthly Social Implement COVID-19 Safeguards recommendations  Training material, PPE,  Interviews with staff amongst sanitising facilities etc and local community Supervisor community members during  Provision of PPES & consultations sanitizers during meetings processes Construction Gender  Number of female employees  Review of company Monthly Environmental Implement Empowerment staff records. Supervisor recommendations  Number of male and female toilets  Physical Inspection Supervising  No of Trainings conducted  Attendance lists Engineer ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 191 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Construction Child Labour  Record of employees  Review of records Monthly Environmental Implement and Protection including IDs Supervisor recommendations  Interviews with staff and local community Construction Crime  Number of reported crimes  Review of records Monthly Environmental Implement Management Supervisor recommendations  Number of complaints  Interviews with staff and local community  Review of plan by the contractor Construction Flora and  Amount of vegetation  Documentation of Bi-Monthly Environmental Implement fauna/Biodivers removed uprooted trees Supervisor recommendations ity within the  No of seedlings planted  Physical Inspection project site including its species Construction Solid & Liquid  Status of housekeeping on  Physical inspection Monthly Environmental Implement & Operation waste site e.g. Scattered litter Supervisor recommendations  Number of complaints.  Flow of wastewater on the Contractor ground surface.  Water and effluent MAWASCO  Provision of sanitary facilities Quarterly quality reports to the construction crews.  Effluent qualities against EMCA standards  Quality of water in the nearby surface (Sabaki river) and underground water points  Effluent discharge permits ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 192 Zamconsult Consulting Engineers Ltd. June 2021 Environmental Monitoring Frequency of Responsibility Phase Performance Indicators Corrective Action Component Requirements monitoring Operation Air Quality  Level of odour generated.  Physical inspection Quarterly Environmental Implement Supervisor recommendations  No of Complaints registered  Interview residents including workers Contractor  Level of dust (PM) relative to the EMCA Air Quality  Liaise with other thresholds stakeholders  Number of Staff and/or  Routine Audits Residents suffering from  Monitoring and health complications related Evaluation reports to inhaling poor air quality  Establishment and maintenance of the proposed buffer zone ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 193 Zamconsult Consulting Engineers Ltd. June 2021 GRIEVANCE REDRESS MECHANISM The proposed project is expected to infringe on peoples’ right to free movement within the project areas, access routes, livelihoods and access to public facilities such as the Chief’s camp. Construction activities are bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the construction works so that they do not have an adverse effect on the project. This chapter briefly outlines a mechanism for settling the anticipated disputes. This procedure will not replace the existing legal system for dealing with grievances, however the PAPs and interested parties will be persuaded to use the proposed mechanism, and make use of the legal redress as a last resort at their own cost. For ease of handling the Grievances Redress Mechanism for the RAP has been combined with the ESIA mechanisms. Possible Sources of Grievances Some of the issues that may elicit disputes in the resettlement process include:  Failure to understand the essence of the project and various impacts on livelihood, access routes, etc.  Improper implementation of the Resettlement Action Plan  Improper behavior of the Contractor’s staff  Emerging issues such as unforeseen impacts  Poor construction methods  Accidents or Incidents with regards to the project  Poor work environment and employee relations  Injuries and compensation issues for affected staff members.  Miscommunication Committees Involved in The Grievance Redress Process and the Management Process 1) Sub-County Resettlement and Compensation Committee (SCRCC) The SCRCC will be in charge of administration of the grievance procedure at the project level. The SCRCC will be established at the Sub County level for the Sabaki site which involves impact on assets. The SCRCC will be made up of:  Representative of NEMA, as the chair of SCRCC to grant legitimacy to the environmental and social issues.  A Community Liaison Officer from the Contractor’s Office  Representatives of MAWASCO as the main beneficiary of the project.  The County administration representative, which will provide the much-needed community mobilization, and political support to the project and to the process of resettlement  Sub-County Land Survey Officer to help with survey works and demarcation of way leave to be acquired.  The Sub-County Gender and Social Development Officer which will be responsible for gender and social issues.  The Sub-County Lands Registrar Office will help with validation and verification of the documentation provided by the affected persons. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 194 Zamconsult Consulting Engineers Ltd. June 2021  Two PAP representatives from Location Resettlement Committee – act as voice for the PAPs  NGOs and CBOs locally active in relevant fields to ensure effectiveness, fairness, just compensation, and transparent process in the whole implementation of the RAP and ESMP. 2) Locational Resettlement and Compensation Committees (LRCCs) These committees will be based in each administrative location. It will be established by SCRCC through PAPs and stakeholder consultative meetings chaired by a representative of implementing agency MAWASCO. S/he will be assisted by the locational chief, who is the government local representative at the location. The LRCC will act as the voice of the PAPs and local stakeholders and will work under guidance and coordination of SCRCC in handling PAPs’ and local resident grievances. The LRCC will be meeting in the local chief’s office or the resident’s association office and will be made up of:  The locational Chief, who is the Government administrative representative at the locational unit and who deals with community disputes will represent the Government in LRCC of a local Community/Department’s Representative.  Assistant Chiefs, who support the locational Chief and Government in managing local community disputes in village units will form membership of the team.  Female PAP, elected by women PAPs, will represent women and children related issues as regards resettlement and compensations  Youth representative, elected by youths, will represent youth related concerns in the LRCCs  Vulnerable persons’ representative, will deal and represent vulnerable persons issues in the LRCC.  Business representative, will represent business people concerns in LRCC  CBO representatives  The Contractor’s Community Liaison Officer The Grievance Management Process The overall process of grievance management will be as follows: - i. During the initial stages of the RAP implementation and construction commencement, the affected persons and interested parties will be given copies of grievance procedures as a guide on how to handle the grievances. This will include who to contact (a phone number, address and location, time) as well as the type of grievances they can refer to this committee. These procedures will be made available at the Chief’s office where they can be distributed to the PAPs. ii. The process of grievance redress will start with registration of the grievances to be addressed for reference at the locational level through LRCC. In all instances, records will be kept to enable progress updates of the cases. iii. Traditional local mechanisms will be used and will include local leaders and the affected persons trying to find a solution with the concerned parties. iv. In cases where a solution cannot be found at the locational or LRCC level reference will be made to the SCRCC. v. These will ensure transparency, fairness, consensus building across cases, eliminate nuisance claims and satisfy legitimate claimants at low cost. vi. The response time will depend on the issue to be addressed but all measures will be put in place to ensure efficiency, ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 195 Zamconsult Consulting Engineers Ltd. June 2021 vii. Once the grievance is addressed and agreement reached, the committees can mark the issue as addressed. Grievance Redress Procedure The Grievance redress will be the functions of the LRCC and SCRCC committees. All the grievances will be channeled to the Locational Resettlement and Compensation Committee. A grievance log will be established by SCRCC and copies of the records kept by both LRCC and SCRCC to be used for monitoring of complaints. The grievance redress mechanisms are designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. If LRCC cannot adequately address the grievance, then reference will be made to SCRCC who shall strive to address the grievances raised. If a complaint pattern emerges, the implementing agencies which are CWWDA and MAWASCO, SCRCC, and LRCC will discuss possible remedial measures. The above institutions will be required to give advice concerning the need for revisions of procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. MAWASCO, SCRCCs, LRCCs and the local leaders will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins. The procedure for managing grievances under will be as follows: 1) The affected person will file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the LRCC, through a complaints box placed at the local chief’s office or physically to a member of the LRCC. The grievance note should be signed and dated by the aggrieved person. A selected member of the Committee will act as the Project Liaison Officer (PLO) who will be the direct liaison with PAPs. 2) The Contractor’s Community Liaison Officer (CLO) will be working in collaboration with the other LRCCs and SCRCC. Where the affected person is unable to write, the CLO will write the note on the aggrieved person’s behalf. Any informal grievances will also be documented by the Project Liaison officer. The note should be embossed with aggrieved person’s signature or thumbprint. A sample grievance form is provided in the table below. A copy of this completed form should be submitted by the Community Liaison Officer to SCRCC. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 196 Zamconsult Consulting Engineers Ltd. June 2021 Table 8-3: Table Showing a Sample Grievance Form Reference No. Contact Information Address: Please mark how you wish to be Telephone: - contacted (mail, telephone, e- mail) Email: - Preferred Language for English Communication (Please mark the preferred language for Kiswahili communication) National Identity Number Description of Incident or Grievance: What happened? Where did it happen? Who did it happen to? What is the result of the problem Date of Incident/ Grievance One time incident/ grievance (date----------------) Happened more than once (How many times--------) Ongoing (Currently experiencing problem………….) What would you like see happen to resolve the problem? Signature: ………………………… Date: ………………………………. Please return this form to: COMMITTEE ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 197 Zamconsult Consulting Engineers Ltd. June 2021 3) The Community Liaison Officer and the LRCC will consult to determine the validity of claims. If valid, the Committee will notify the complainant that s/he will be assisted and a response will be given in the due time. 4) The LRCC will meet and respond within 14 days during which time any meetings and discussions to be held with the aggrieved person will be conducted. If the grievance relates to valuation of assets, a second or even a third valuation will be undertaken, at the approval of SCRCC until it is accepted by both parties. These should be undertaken by separate independent valuers than the person who carried out the initial valuation. The more valuations that are required to achieve an agreement by both parties, the longer the process will take. In this case, the aggrieved person must be notified by the Project Liaison Officer that his/her complaint is being considered. 5) If the complainant’s claim is rejected by the Committees, the Community Liaison Officer will assist the aggrieved person to take the matter to the SCRCC. The SCRCC will look at the complaint raised by the PAPs and aggrieved party and provide direction, explanation and a response. Sometimes, it will necessitate the aggrieved person to present him or herself to SCRCC to explain him/herself. All efforts will be made to try and reach some consensus with the complainant. 6) If the aggrieved person does not receive a response or is not satisfied with the outcome by SCRCC within the agreed time, s/he may lodge his/her grievance to the County NEMA Office, also mandated to help resolve such matters). If requested, or deemed necessary by the project Committee, the Community Liaison Officer will assist the aggrieved person in this matter. 7) Where the matters cannot be resolved through local routes, the grievance will be referred to the NEMA tribunal. The SCRCC will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible. After the process, a grievance resolution form will be filled in order to document the resolution made. A sample of the form is provided below: ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 198 Zamconsult Consulting Engineers Ltd. June 2021 Table 8-4: Sample of a Grievance Resolution Form The Community Liaison officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. This ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 199 Zamconsult Consulting Engineers Ltd. June 2021 will be done via a grievance log which will also contain a record of the person responsible for an individual complaint, and records dates for the following events:  Date the complaint was reported;  Date the grievance log was uploaded onto the project database;  Date information on proposed corrective action sent to complainant (if appropriate);  The date the complaint was closed out; and  Date response was sent to complainant.  Nature and type of grievances being raised The entire grievance redress procedure can be summarized in the figure below A PAP files grievance with the CLO LRCC determines the issue and communicates decision within Grievance 14 days resolved No further action Grievance forwarded to the SCRCC and communicates Grievance No further Action within 7 days resolved Unresolved grievances referred to the Environment tribunal Figure 8-1: Figure Showing the Dispute Resolution Procedure ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 200 Zamconsult Consulting Engineers Ltd. June 2021 ASSESSING, ADDRESSING AND RESPONDING TO GBV RISKS IN MAJOR CIVIL WORKS PROJECTS The Good Practice Note (GPN) was prepared by the World Bank to assist Task Teams in establishing an approach to identifying risks of GBV, in particular Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH), that can emerge in IPF with major civil works contracts and to advise Borrowers accordingly on how to best manage such risks. The GPN builds on World Bank experience and good international industry practices, including those of other development partners. While World Bank Task Teams are the primary audience, the GPN also aims to contribute to a growing knowledge base on the subject. The simple framework of addressing GBV risks is presented below: Consultations with local communities in the project’s adjoining communities need to be continuous throughout the project life. These regular consultations should provide opportunities to share information with communities on project-related risks and reporting and response measures, and to identify any issues that may be arising with regard to GBV. This means the consultations should have a particular focus on women, children and other at-risk groups—each of which may require different approaches to enable a safe space for discussion. Contractors on civil works projects are typically supervised by a consulting firm on behalf of the impact assessment (IA). A key challenge faced by many projects is that the supervision and oversight of GBV activities during civil works is inadequate. It is recommended that the IA have appropriate environmental and social specialists available. Without them, it will be very difficult to manage the project’s ESHS risks— especially related to GBV. For projects at Substantial or High risk of GBV, it is recommended for the IA to have a GBV specialist as part of the safeguard team to ensure GBV-related activities and services are being delivered according to global quality and ethical guidelines. More guidelines are presented in the, ‘Good Practice Note Addressing ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 201 Zamconsult Consulting Engineers Ltd. June 2021 Gender Based Violence in Investment Project Financing involving Major Civil Works, as referenced in chapter 10 of this report. INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF THE ESMP The organizational structure elaborates on the role of various stakeholders in administering the ESMP. It further clarifies the role of PAPs and stakeholders and their responsibility in the exercise in relation to ESIA. The table below shows the various institutions and their role in the implementation of the ESMP. Table 8-5: Institutional Framework for ESMP Name of Institution Role of Institution Ministry of Water & Will be an overall implementing agency. Sanitation and Central agency responsible for holding all information on the Irrigation ESIA and RAP. Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ESIA and RAP. County Government of The relevant departmental officers within Kilifi County will Kilifi be called upon where necessary during Project implementation to provide the necessary permits and advisory services to the MAWASCO The RAP Implementation budget shall be funded by the County Government CWWDA Responsible for the major contractual issues arising in this safeguards contract. MAWASCO Responsible for contracting the works, supervising and managing the contractor under the project Responsible for day-to-day coordination and implementation of the project. Oversee the contractor’s work Seek approval from NLC for the acquisition of any parcels required for the sub-projects. Assist in the establishment of the SCRCC and LRCCs. Establish the SCRCC and LRCCs operations. Make funding request from MOWS for RAP implementation and compensation through NLC. Ensure the grievance committees are established and working. Monitor the ESMP implementation. NEMA Provide approval of the ESIA report ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 202 Zamconsult Consulting Engineers Ltd. June 2021 Name of Institution Role of Institution Review and provide a NEMA license for the ESMP. Be part of the SCRCC and participate in the resolution of grievances. Escalate unsolvable grievances to the tribunal. Sub-County Ensure effective flow of information between the Contractor Resettlement and and public Compensation Coordinate Locational Resettlement and Compensation Committees (SCRCC) Committees (LRCCs), validate inventories of PAPs and affected assets; monitor the disbursement of compensation funds; guide and monitor the implementation of relocation Coordinate activities between the various organizations involved in relocation; facilitate grievance and conflict resolution; and provide support and assistance to vulnerable groups. Conducting extensive public awareness and consultations with the affected people so that they can air their concerns, interests and grievances. Resolve disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate formal grievance procedures laid out in this ESIA. Locational Resettlement Conduct extensive public awareness and consultations. and Compensation Help ensure that local concerns raised by PAPs and Committee (LRCC) stakeholders as regards resettlement among others are promptly addressed by relevant authorities. Resolve manageable disputes that may arise. If it is unable to resolve, help refer such grievances to the SCRCC. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included. KFS Provision of technical support in resettlement, including deforestation issues Contractor Responsible for overall implementation of the construction phase ESMP Liaise with the client in ensuring traffic is controlled and natural resources are preserved as much as possible. Shall organize public awareness programs and involve the public in the project implementation. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 203 Zamconsult Consulting Engineers Ltd. June 2021 9 CONCLUSIONS AND RECOMMENDATIONS As has been alluded in this report, the following can be said in summary: The implementation of the proposed ablution blocks and the Faecal Sludge Treatment Facility projects as an immediate measure to cater especially for the needs of the community under the WSDP program in Malindi, will be a major step in improving the sanitation infrastructure in congested and high catchment areas. There are a few existing facilities which may have been constructed under the county government or other financier’s kitty. Such facilities are not adequate to serve the demands of the ballooning population in Malindi areas. In addition, some of them are either mismanaged or dysfunctional implying that they don’t serve their intended purpose. In fact, in some cases, the lack of the facilities altogether has compelled the public to bear the shame of relieving themselves in the bushes hence contaminating the terrestrial and marine environments and consequently increasing the risk of transmission of waterborne diseases. The implementation of this project will provide a safe human waste facility option for the residents, traders and tourists. The negative impacts identified in this ESIA during all the phases of the project including waste generation, air pollution, noise pollution, occupational health and safety impacts, community health and safety impacts, traffic, labour influx and gender impacts will be limited to the specific project locations and can be mitigated through the measures proposed in the ESMP as well as the preparation and implementation of safeguard plans including but not limited to: o Waste Management Plan o Labour influx strategy o Sexual exploitation and Gender based violence management plan o Child protection strategy o Employment plans o Traffic management plan o Hazard Material Management Plan o COVID – 19 Protocols o Occupational Health and Safety Plan Other plans to aid the implementation of the sanitation project can be included as the project continues. In addition, the recommendations of the public consultation and participation was incorporated into the findings of this report, some of the major issues addressed in the public participation include compensation for assets, trees and crops, use of local labour, air pollution during the operation of the project as well as the water concerns of the locals within the project area. The ESIA concludes that the short-term benefits of the project will be realised once the project is fully implemented according to plan. However, Malindi in its entirety requires several additional ablutions blocks especially in the low-income areas, with a proper operation and maintenance plan that would cater for low - income dwellers. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 204 Zamconsult Consulting Engineers Ltd. June 2021 The adverse impacts on the physical and natural environment will be “in sum total,” not significant, and can be handled through the recommended mitigation measures. There are incremental costs required to achieve these. Compensation for demolition of structures, lawns and loss of livelihoods will be done through an Abbreviated Resettlement Action Plan which is provided under a separate report. In brief, the ARAP concluded that the proposed project will affect 49 households (14 PAPs losing residential houses, 31 losing crops and 47 PAPs losing trees). In order to mitigate the negative impacts of resettlement, the following recommendations are made:  Any planned displacement of the project affected persons be undertaken after compensation payments have been made before any construction activities are done and in accordance with the prevailing national laws and the World Bank OP 4.12.  Compensation should not only follow the replacement cost, but should also be associated with comprehensive consultations and negotiations with PAPs so as to minimize grievances  The project affected persons to be given adequate notice to relocate their assets. The plan will include a discreet SEA reporting mechanism that is sensitive to GBV/SEA reporting that is confidential and provides a safe and ethical environment for survivors to report. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 205 Zamconsult Consulting Engineers Ltd. June 2021 10 REFERENCES • Collar, N.J. & Stuart, S.N. 1988. Key forests for threatened birds in Africa. ICBP, Cambridge. • Daniel Theuri, 2008. Kenya-Solar-Wind-Energy-Resource-Assessment-Report • Design, construction and evaluation of an ablution water treatment unit in Oman: A case study. Available from: https://www.researchgate.net/publication/228804121_Design_construction_an d_evaluation_of_an_ablution_water_treatment_unit_in_Oman_A_case_study [accessed Oct 19 2018]. • Detailed Design Report Waste-to-Value Faecal Sludge Treatment Plant (FSTP)(2021) • Health Economics, Health Economics Unit, Department of Community Health, University of Cape Town, Observatory 7925, Azio Road, Cape Town, S. Africa. Tel. (27-12) 4066579., Fax: (27-21) 4488152. • International Finance Corporation and World Bank Environmental, Health and Safety (EHS) Guidelines • Kilifi County Website • Malindians.com - Tourism and Information Site of the Town of Malindi Kenya • Republic of Kenya, Environmental Management and Coordination Act (EMCA, Cap 387), Government Printer, Nairobi • Republic of Kenya, Public Health Act, Cap 242, Government Printer, Nairobi. • Republic of Kenya, Water Act (2016), Government Printer, Nairobi • The Constitution of Kenya 2010 • The Final Wastewater Master Plan Report for Kilifi County – Design Report • The Kenya National Bureau of Statistics • The Land Act, No. 6 of 2012 • World Bank Operational Policies ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 206 Zamconsult Consulting Engineers Ltd. June 2021 11 APPENDICES APPENDIX A: SURVEY QUESTIONNAIRE ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 207 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 208 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 209 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 210 Zamconsult Consulting Engineers Ltd. June 2021 APPENDIX B: SUMMARY OF PUBLIC AND STAKEHOLDER CONSULTATION Minutes of a Consultation Meeting Held at Malindi Juvenile remand home grounds on 30th November 2018 at 09.53am 1) Present • Nicodemus Mwayele – Assistant Chief, Maweni • Mahammed Awadh Omar – Chairman Village Elder • Irene Neema - MAWASCO representative • Francisca Kadzo - MAWASCO representative • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Lydia Mutuku - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public Minutes Introductions The meeting started at 09.53am with a word of prayer by Mrs Angeline Ogutu. The meeting was chaired by Mr Mohammed Awadh Omar who introduced the Consultant to the attendees and later the meeting was handed over to the area chief upon his arrival. He then invited the Consultant and MAWASCO staff to give their presentation. Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks located at Malindi General hospital area and Omar project area. He further mentioned that the ablution blocks will be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either side will be constructed for persons with disabilities. Additionally, the facility on either side will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilets facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be conducted by an active community group or organization selected by MAWASCO in liaison with the local chief. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). he further stated that, fortunately, the ablution blocks are intended for construction on public land and are free from human encroachment hence no RAP issues anticipated. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, whereas he advised that and Environmental management plan would be developed and implemented to mitigate the potential; impacts. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 211 Zamconsult Consulting Engineers Ltd. June 2021 Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Mohammed Omar Awadh commended the selection of Cleopatra stadium market site stating that the public toilets were a necessity due to the overwhelming market crowds. He recommended MAWASCO to consider Majengo Mapya and Kisumu Ndogo areas which have limited toilets and the higher demands due to the growing population in the peri urban setup The MAWASCO representative notified the community that all recommended sites for the proposed project were publicly owned under the county government which was unlike for Majengo Mapya and Kisumu Ndogo settlement since there was no public land in the two area He added that the two settlements are generally occupied by residential houses where each house has a provision for a toilet as a requirement by the county government. Q2) Jacob Kazungu Ndaro inquired if the land acquired for construction will be bought from private owners and also asked how the owners will benefit. The consultant informed the community that as a requirement by the contract all land acquired was publicly owned by the county government therefore no land owners will require compensation but PAPs encroaching the proposed sites will be compensated for property damaged upon assessing the value of the property He further mentioned that a RAP assessment will be carried out to collect data of the PAP and affected property with actual property measurements in the presence of the affected person. Q3) Jonathan requested if the toilets could be changed from Water closets to squatting toilets for hygiene purposes. The consultant explained that the operating team will be assigned the responsibility of continuous sensitization of the community on how to use to the toilets and the importance of keeping the public sanitation facility clean at all times as well as develop a daily cleaning schedule depending on the customer flow. He assured the community that their sentiments will be forwarded to the client for consideration. Q4) Riziki Ramadhan recommended that the Labour force be sourced from the community The consultant notified the community that as a requirement of the World Bank and the Kenyan law all skilled and unskilled labour force available within the community will be sourced from the locality inclusive of the locally available construction materials as a form of creating employment so that the community can directly benefit from the project. He also encouraged the people to report complaints immediately where labour is outsourced to the grievance redress mechanism (chief, resident engineers etc.) Q5) Zuhura Abdallah recommended an ablution block be located at cool breeze to serve entertainment spots within the area with frequent visits which lead to open defecation. The consultant responded by informing the attendees that the number of ablution blocks for the proposed project were limited to seven (7) for Malindi town therefore MAWASCO in consultation with the Kilifi county government acquired publicly owned land to serve business areas in order to serve more people such as the shopping centres, bus stations and markets. He further mentioned that their sentiments will be forwarded to the client for review. Q6) Rose Karerwa inquired on who will maintain the cleanliness of the toilets. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 212 Zamconsult Consulting Engineers Ltd. June 2021 The consultant informed the attendees that the ablution blocks will be managed on a daily basis by a community based group as seen fit by MAWASCO and the local chief upon discussions The group running the managing the project will ensure that the toilets are cleaned regularly by using the funds from the toilet charges to pay water bills and everyday maintenance Q7) Karisa Kazungu inquired on who will be responsible for the operation and maintenance of the toilets. The consultant informed the attendees that the operation of the public toilets will be carried out by a range of formal and informal agents such as community-based organizations, market committees, and to a lesser extent individuals depending on their readiness to work and the selection by the local area chief in collaboration with MAWASCO. Q8) Angeline Agutu inquired if there is a provision for an ablution block near the beach to serve both the locals and tourists given that Malindi town is a resort town The consultant informed the meeting attendees that the number of ablution blocks allocated for Malindi town were limited to seven (7) in number hence the sites provided by the County government jointly with MAWASCO will be assessed for environmental and social feasibility and that the sentiments of a toilet provision at the beach will be forwarded to the client for consideration Q9) Zuhura Abdalla recommended a borehole be dug to supplement water used for flushing and maintenance of the toilets raising concerns that the community has experienced an increased water shortage from MAWASCO The consultant informed the attendees that the ablution block will have an installed overhead water storage tank of 15000 litres to cater for the water requirements of the facility but assured the community The MAWASCO representative responded to the disrupted water supply issue by explaining that the ongoing installation of a new water mains is the root cause of water shortage since some section of the existing line has been tampered with resulting to rationing of the water supply. Q10) Kalama Gona asked if the toilets will be pay-and-use public toilets. The consultant responded by informing the meeting attendees that a fee will be discussed by the local chief and MAWASCO considering the Operation and maintenance manual prepared by the WSP on a considerable amount to be charge as a way of maintaining the facility. Q11) Omar Awadh Omar expressed his concerns stating that some members of the community might not affording the charges forcing them result to open defecation. The consultant responded by stating that the tariffs charged to customers by the operators will be fixed and approved by the WSP and they will put into consideration the average income of the community gauged by the data collected during the ESIA and guided by the Operation and maintenance manual. He added by mentioning that the tariffs will be affordable since the project is meant to target the community and majorly the market vendors, sellers and buyers. Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbours about the proposed project and its expected benefits to the community. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 213 Zamconsult Consulting Engineers Ltd. June 2021 The chief thanked everyone for attending the meeting and requested that the youth should be given jobs during the project construction phase. He thanked the guests for informing the people about the project in a good and simple way. He requested the people to own the project. Close of Meeting The meeting ended at 11.18am with a word of prayer by Mr Mohammed Salim. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 214 Zamconsult Consulting Engineers Ltd. June 2021 Meeting’s Attendance List ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 215 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 216 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 217 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 218 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 219 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 220 Zamconsult Consulting Engineers Ltd. June 2021 Public Participation Photos Figure 11-1: Area assistant chief addressing the public forum Figure 11-2: Nyumba Kumi representative Mzee Omar providing feedback on the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 221 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-3: Consultant addressing Bw. Karisa Kazungu’s concern. Figure 11-4: Public response to the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 222 Zamconsult Consulting Engineers Ltd. June 2021 Minutes of the Public Consultation Meeting Held at Chief’s Office - Maweni On 11th September 2018 at 4.30pm 1) Present • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Joan Karimi - Zamconsult Consulting Engineers (Consultant) • Caroko Karisa – MAWASCO representative • Nicodemus Mwayele – Assistant Chief Maweni • General Public 2) Minutes Introduction The meeting started at 4.30 pm and was chaired by the chief, who introduced the Consultant to the attendees. He then invited the Consultant to give his presentation. Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning). The proposed project comprises of ablution blocks and sludge treatment facilities in different towns within the Coast region. The consultant explained that Gongoni was one of the proposed sites in Malindi where the ablution block would be constructed. He informed everyone present of the ideal location for the ablution block which was adjacent to the new market which was still under construction. He further explained all the different features of the modern ablution block which include: • Six toilets with equal number for each gender • Two shower rooms; one for each gender • Toilet fitted with special amenities for use by disabled persons • A shop, store and offices • A septic tank • A 5,000-litre water tank He went on to explain that the septic tank will require desludging at the proposed Sludge Treatment Facility. He also mentioned that the project was funded by World Bank and all World Bank projects are community based thus the need to involve the community at every stage. He explained that the location was chosen based on the fact that the land is public land and no one would be displaced from the proposed site because it was vacant. He also explained that an ESIA had been carried out in the area to sensitize the public about the ablution block and now the meeting was being conducted so as to disseminate information on the findings of the ESIA. He further explained all the mitigation measures put in place in view of the anticipated disturbances and assured the public that in case the contractor fails to adhere with the regulations put in place, they could address their complaints to the resident engineer in place for relevant action to be taken. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 223 Zamconsult Consulting Engineers Ltd. June 2021 Questions, Answers and Feedback on the Maweni & Cleopatra Ablution Blocks Q1. Zachary Oketch suggested that instead of constructing ablution blocks, sewer lines should be constructed. He added that ablution blocks would not be sufficient. The Consultant explained that a master plan had been done by Mangat, I.B & Patel Consulting Engineers in the preceding months and as a result, the immediate sanitation interventions included construction of ablution blocks in various towns. He further explained that sewer lines would be constructed in the future in accordance with the master plan. Q2. Mohammed Awadh from Barani gave a vote of thanks for the proposed ablution blocks especially the one at Cleopatra. He requested that as soon as the contractor mobilises on site, he should begin construction at Cleopatra because of the urgency. He informed us that many public events are held there. The Consultant answered by informing them that they had no power over where the contractor was set to begin but could only make recommendations. Q3. Japheth Njoroge from Barani suggested other sites where the ablution blocks would have maximum effect such as the slaughter house, baobab and at the Vasco Da Gama pillar site. The Consultant explained that the selection of the sites was done by the county in collaboration with MAWASCO. He further mentioned that the proposed sites had to be public land and not earmarked for any other projects. He also explained that one of the challenges experienced in the selection of sites was the size of land needed for the project which is 23m by 15m and that all these factors are what lead to determination of the sites. Q4. Mohammed Duni suggested that one of the ablution blocks should be located at the Malindi General Hospital as the ones currently there are in a bad state. The Consultant reiterated how the sites were determined and proceeded to explain that the ablution block could not be constructed on land with disputes as was the case with Malindi General Hospital. He further explained that implementing the project on land with disputes was not feasible. Q5. Ahmed Mudaris inquired whether instead of constructing new ablution blocks, repairs could be done to the ones at Malindi General Hospital. The Consultant explained the scope of the project included construction of new ablution blocks but they would pass their recommendations to MAWASCO and the county concerning repair of the existing facilities that are in a bad state. Q6. Emmanuel Munyaya inquired whether the proposed ablution blocks will only be located in the town centre or will in the adjacent areas as well. The Consultant informed the community of the proposed ablution block at Gongoni and Sabaki which are not within the town centre. He further explained the proposed locations did not have to be within the town centre and a lot of factors were considered in coming up with the sites such as availability of the land, viability of the site among others. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 224 Zamconsult Consulting Engineers Ltd. June 2021 3) Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The chief thanked everyone for attending the meeting and requested that the youth should be given jobs during the project construction phase. He thanked the guests for informing the people about the project in a good and simple way. He requested the people to own the project. 4) Close of Meeting The meeting ended at 11.18am with a word of prayer by Mr Ahmed Mudari. 5) Meeting’s Attendance List ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 225 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 226 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 227 Zamconsult Consulting Engineers Ltd. June 2021 6) Public Participation Photos Figure 11-5: Consultant presenting to the public ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 228 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-6: Mzee Awadh giving his feedback on the consultant’s presentation Figure 11-7: Public response to the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 229 Zamconsult Consulting Engineers Ltd. June 2021 Minutes of the Public Consultation Meeting Held at Gongoni Market On 11th September 2018 at 9.30am 1) Present • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Joan Karimi - Zamconsult Consulting Engineers (Consultant) • Caroko Karisa – MAWASCO representative • Bashehe Sheikh – Acting Assistant Chief Gongoni • General Public 2) Minutes Introductions The meeting started at 9.30 am and was chaired by the chief, who introduced the Consultant to the attendees. He then invited the Consultant to give his presentation. Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning). The proposed project comprises of ablution blocks and sludge treatment facilities in different towns within the Coast region. The consultant explained that Gongoni was one of the proposed sites in Malindi where the ablution block would be constructed. He informed everyone present of the ideal location for the ablution block which was adjacent to the new market which was still under construction. He further explained all the different features of the modern ablution block which include: • Six toilets with equal number for each gender • Two shower rooms; one for each gender • Toilet fitted with special amenities for use by disabled persons • A shop, store and offices • A septic tank • A 5,000-litre water tank He went on to explain that the septic tank will require desludging at the proposed Sludge Treatment Facility. He also mentioned that the project was funded by World Bank and all World Bank projects are community based thus the need to involve the community at every stage. He explained that the location was chosen based on the fact that the land is public land and no one would be displaced from the proposed site because it was vacant. He also explained that an ESIA had been carried out in the area to sensitize the public about the ablution block and now the meeting was being conducted so as to disseminate information on the findings of the ESIA. He further explained all the mitigation measures put in place in view of the anticipated disturbances and assured the public that in case the contractor fails to adhere with the regulations put in place, they could address their complaints to the resident engineer in place for relevant action to be taken. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 230 Zamconsult Consulting Engineers Ltd. June 2021 Questions, Answers and Feedback on the Gongoni Ablution Block Q1. Japheth Kombe a business man inquired about the features of the ablution block and whether the design caters for the disabled. The consultant answered by reiterating the features of the ablution block, which were 6 toilets in total, 3 for each gender, a shop, store, offices, shower rooms and also pointed out that one of the three toilets was for the disabled and will be fitted with special amenities for use by disabled persons. Q2. Charles Mbuthia, a member of the market committee inquired whether the project was fully funded by World Bank, the exact date the project is meant to start, how the sewerage will be disposed of and who will run the project once complete. The Consultant answered by informing them that the project was fully funded by World Bank. He also explained that since there is no sewer line in the area, all the generated sewerage will be channelled to a septic tank which will be desludged into the proposed sludge treatment facility at Sabaki. He also explained the purpose of the exercise we were undertaking, that is the ESIA and how it was a requirement to pave way for construction to begin. He mentioned that the funds were ready and soon after the ESIA was completed and the reports submitted, the project would commence. The Consultant further explained that once the project commenced it would be under MAWASCO who would then in turn hand it over to the community once complete. The MAWASCO representative seconded the consultant’s response regarding handing over the project to the community. He also pointed out some concerns regarding projects handed over to the community. He emphasized to them that for the project to be sustainable, they need to involved and be willing to pay the small fee for operation and maintenance. Q3. Justin Tabu from Gongoni inquired whether there would be a distinct separation between the toilets for each gender. The Consultant explained that the design was such that, there were 3 toilets for each gender and each gender would access it from it from opposite sides. Q4. Samuel Kambi from Gongoni mentioned that he observed a number of visitors at the proposed site and noted that they all concluded that the space available was not sufficient. He inquired whether the proposed project would still go on. The Consultant answered by saying that the exact piece of land needed for the project was 23m by 15m and the size available at the proposed site was 22m by 12m. However, due to the traffic that will be generated because of the market, there was a need for an ablution block therefore the proposed project will proceed as planned. Q5. Mzee Yusuf one of the village elders gave a vote of thanks for the proposed project. He went on to explain that through the years, they have been informed about many projects set to be done in the area but have never actualized. His concern was whether this proposed ablution block will proceed as planned. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 231 Zamconsult Consulting Engineers Ltd. June 2021 The Consultant explained the process by which the project would actualize to reassure the community members. He explained that the first step was to identify the land which had already been done. The county then proceeded to do a land search to ensure that indeed the proposed site was public land and no other projects had been earmarked for that specific portion as per WB guidelines. This was to reduce any future conflicts that could arise. The next stage involved the ESIA which was currently underway and once the project reports had been submitted and approved, the project could commence. Q6. Bahadhi Baya from Gongoni aired his sentiments about previous projects that have been implemented that have not benefited the community especially the youth. The Consultant reassured them that the project will be of benefit to the community and gave an example of how the youth were involved in administering questionnaires during the ESIA. He also explained that if there was a contractor from the community who was capable of treatment the project, preference would be given to them and if not, they would involve the youth during the construction phase. 3) Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbors about the proposed project and PAPs census survey exercise. The chief thanked everyone for attending the meeting and requested that the youth should be given jobs during the project construction phase. He thanked the guests for informing the people about the project in a good and simple way. He requested the people to own the project. 4) Close of Meeting The meeting ended at 11.18am with a word of prayer by Mzee Yusuf. 5) Meeting’s Attendance List ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 232 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 233 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 234 Zamconsult Consulting Engineers Ltd. June 2021 6) Public Participation Photos Figure 11-8: Consultant taking over the meeting after an invitation from Area Assistant Chief Bashehe. Figure 11-9: Bahadhi Baya giving his feedback on the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 235 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-10:Mzee Mohammed airing his views on the project. Figure 11-11: Public acceptance of the project. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 236 Zamconsult Consulting Engineers Ltd. June 2021 Summary Report WSDP SHF Area Leaders Consultative Meeting No. 1 Held on 21st April 2020 At Mawasco Boardroom Members present 1. Mr. Gerald Mwambire - Deputy County Commissioner, Malindi Sub County (DCC) 2. Mr. Gerald Mwambire - Managing Director, Mawasco 3. Eng. Isaac Chibule - Commercial Asst. (Marketing), Mawasco 4. Mr. Vellasco Ndaro - Commercial Manager (Social Safeguards) 5. Ms. Zuleikha Fadhil - In charge Environmental Safeguards 6. Mr. Edward K. Dele - Project Area (Sabaki) MCA 7. Mr. Musa Abdalla - Sabaki Ward Administrator 8. Mr. Akili Nyiro - Acting, Area Chief - Malindi 9. Ms. Racheal Malingi - Asst. Chief Sabaki Meeting Agenda 1. Project Overview 2. Sabaki sludge Treatment Facility Site 3. To Transact Any Other Business The meeting started at 10:36am with opening prayers lead by the Commercial Manager Deliberations and action points Agenda Meeting Deliberations Action points The Managing Director, Mawasco gave out a brief overview of the Project WSDP program mentioning the various benefitting Companies Overview including Mawasco. He also informed the Project Area Leaders on the two main project components i.e Water and Sanitation sub projects financed by the World bank. Mentioning the various water interventions proposed to be carried out in Malindi, Gongoni and Watamu areas. He also revealed on the Sanitation component which the Bank is financing through the construction of 10no public sanitation blocks in Malindi, Gongoni and Watamu and 2no sludge treatment facilities in Malindi Sabaki area and Watamu, Canaan area all sited on Public land. The Technical Manager added that the sludge treatment facility component is quite important since in its absence, the public toilets may not be of any use when filled up due to lack of dislodging facilities. He also mentioned that the project constitutes the first phase in the implementation of the Kilifi County City wide Sanitation master plan which seek to address the current sanitation challenges within Kilifi County. The Managing Director then requested the much-needed support from the area leadership which was much needed for successfully implementation of the project. The area MCA applauded the MD for having partnered with the World bank and bring in such beneficial projects to Kilifi County. Adding that ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 237 Zamconsult Consulting Engineers Ltd. June 2021 the said projects will partly solve the jobless issues witnessed within the locality as well as improving the sanitation situation in Malindi. The Project He assured Members of his continued support throughout the project Area (SHF) implementation and operation. The DCC thanked the PCU committee for having considered involving the local leadership into such development projects. He further advised that Mawasco had done what was expected for the project success. Potential The Managing Director informed the Leaders that through the County Project Impacts Government of Kilifi. Mawasco was allocated the 10 no sites for the construction of the public ablution blocks (3 in Watamu and 7 in Malindi including Gongoni) and the 2 sites for the sludge treatment facilities all sited within County Public lands. He then explained that for the sludge construction site in Malindi, the Minister of lands allocated a 30acre parcel of land at Sabaki within the which was set aside for sanitation projects due to its topographical and hydrological features hence making it suitable to handle sludge processing. He then mentioned the presence of squatters settling within the given land which needed to be resettled before the project implementation. The Technical Manager added that through Coast Water Works Agency, the Bank Contracted a consultant to identify the potential project impacts for both the water and sanitation sub projects and come up with a comprehensive ESIA report highlighting how the project potential negative effects would be mitigated as well as enhancing the positive ones. The Consultant also weighs out the various design’s models present and selects the best which is expected to have minimal negative impacts to both plants and animals. Compensation He also advised that for sites with resettlements issues, separate RAP Package reports would be prepared for implementation. He further assured the Leaders that compensation funds for the project affected persons have been availed through the County Government. The area MCA who is also the Chairman, County Land Committee said that since the land belongs to the County Government, the project will have to be implemented as planned. However, he requested for proper community sensitization on the project benefits to guarantee community buy-inn. Adding that due to the current nation status, Scheduled Mawasco shall be required to educate all the community leaders who Consultative shall assist in passing over the message to the project area meetings community. He also emphasized on considering taking a few community Members where such a project has been successful implemented for benchmarking. He then requested the Ward Administrator, the Area Chief and his Assistant Chief to assist with the PAPs enumeration exercise. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 238 Zamconsult Consulting Engineers Ltd. June 2021 The area Chief acknowledged the task given and assured Members that his office shall provide the necessary support needed and would be happy to be associated with the kind of development. The Ward Administrator inquired on the compensation package for the project affected persons. The Technical Manager advised that no land shall be procured since  PAPS it all belonged to the County and it’s the same institution paying for Enumeration the compensation. Moreover, such land investments as structures, (Chief, Asst. trees, crops e.t.c shall be considered where the Resettlement Chief & Ward Admin) Implementation committee constituting valuers and other experts shall be involved. The expected Compensation package shall be guided by the World bank Guidelines and operating procedures as well as the Government of Kenya Resettlement policies and frameworks. The Managing Director confirmed financing a benchmark tour for at most 10no. villagers to witness a successful sludge treatment plant after the Country is cleared of COVID 19 epidemic. The area MCA requested the assistance chief and the Ward Administrator to prepare the list and forward it to the Managing Director for early planning. The DCC emphasized on securing the land through fencing  Benchmarkin immediately after clearing the Squatters. Sentiments echoed by all g list (Asst. Members present. Chief & Ward The Commercial Manager briefly shared a proposed schedule of Admin consultative meetings including meeting with the area committee, the RIC Committee and the Project affected Persons to be conducted on varied days within 1 month. Members present unanimously agreed with the meeting schedule as presented. The Deputy County Commission expressed his satisfaction with the approach used by Mawasco in handling projects. The area MCA emphasized on dealing with the right people especially during these times where huge crowds are forbidden for success  Schedule of clearing of the site. Meeting to be The Managing Director thanked all the Leaders for their willing followed support and promised to engage them in every step the Company (MAWASCO makes in delivering the assignment as well as seek for more funding PCU) from developing partners to make Malindi the best town to live in. There being no other business, the meeting ended at 11:41hrs with a word of prayer lead by Chief Nyiro. Compiled by; ………………………………………… Sign:……………………… Date:………………………. Proposed by; ………………………………………… Sign:……………………… Date:………………………. Seconded by; ………………………………………… Sign:……………………… Date:………………………. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 239 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 240 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 241 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 242 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-12: Area Leaders attending to a Consultative meeting Figure 11-13: Commercial Manager (Mawasco) addressing the meeting ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 243 Zamconsult Consulting Engineers Ltd. June 2021 Summary Report WSDP SHF Community Leaders Consultative Meeting No. 2 Held on 24th April 2020 At Mawasco Boardroom Members present 10. Mr. John K. Kamau - Deputy County Commissioner, Malindi Sub County (DCC) 11. Mr. Gerald Mwambire - Managing Director, Mawasco 12. Eng. Isaac Chibule - Commercial Asst. (Marketing), Mawasco 13. Mr. Vellasco Ndaro - Commercial Manager (Social Safeguards) 14. Ms. Zuleikha Fadhil - In charge Environmental Safeguards 15. Mr. Musa Abdalla - Sabaki Ward Administrator 16. Mr. Wilfred Akili Nyiro - Acting, Area Chief - Malindi 17. Ms. Racheal G. Malingi - Asst. Chief Sabaki 18. Sabaki Community Leaders (attendance list attached) Meeting Agenda 4. Project Overview 5. Sabaki sludge Treatment Facility Site 6. Appointment of Community Representatives 7. To Transact Any Other Business The Managing Director (Mawasco) called the meeting to order at 10:38am. Deliberations and action points Issue Meeting Deliberations Action points raised/discusse d The Managing Director, Mawasco gave out a brief overview of the Project WSDP program mentioning the various benefitting Companies Overview including Mawasco. He also mentioned on the two main project components i.e Water and Sanitation sub projects financed by the World bank. Highlighting the various water interventions expected to be carried out in Malindi, Gongoni and Watamu areas hence improving on the current supply. on the Sanitation component, he informed Members that Bank was financing the construction of 10no public ablution blocks situated across Malindi, Gongoni and Watamu and 2no sludge treatment Project Name facilities in Malindi Sabaki area and the second in Watamu, Canaan and area area all sited on Public land. The Managing Director informed the Leaders that Kilifi County through MAWASCO received funds to put up a Sludge Treatment Facility in Sabaki where the WSP was allocated 30acres of land by the Previous County through the Ministry of land. Land documentation of land Sanitation allocation were available for confirmation. interventions The MD acknowledged the presence of squatters within the said parcel of land where the RAP report shall suggest their compensation ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 244 Zamconsult Consulting Engineers Ltd. June 2021 Previous Public as guided by the Kenyan and the World bank policies and operating Consultations procedures. The MD mentioned the previous household sanitation project funded by Water Fund where over 500 subsidized household toilets were constructed in Kibokoni and some parts of Moi which were almost Roles of the filled and require emptying services hence posing a challenge due to Community lack of a sludge treatment facility. Whereas the construction of a Leaders Decentralized Treatment Facility was washed away by floods due to improper siting. The Area Chief reminded the community on the previous public consultation meetings held together with the ESIA Expert (Consultant). Where the community were advised on the Project content, design, potential impacts to the Community, animals and plants and the proposed interventions to minimize or/and control the negative effects where the Community were in agreement with the Fate of the development. Squatters The Area Chief reminded Members of their expected roles in project planning and implementation. Where they shall be expected to assist in PAPs identification, Community education and sensitization, successful resettlement of PAPs amongst other roles. PAPs The DCC added that it was amongst the many Government projects Compensation implemented across Kenya hence need for the Leaders to offer the much-needed support throughout its implementation phases to ensure its success. Project Viability The DCC also promised the Leaders that his office will be readily available to offer maximum security where need be. Mr Kalinga, narrated the history of the Community where he represented them as their Chairman on seeking land transfer from the National Government which never materialized. Adding that the Community was not in dispute of any development though worried on how the project affected persons shall be treated. Sentiments echoed by Safari K. Mwaduna (Village Elder) and Fondo Birya (MCA Representative). The Technical Manager advised that the National Government Community through its County Government always have plans for its land set Sensitization/E aside for public use. Although such projects take time in planning and ducation (SHF) implementation. He then advised that through the resettlement Implementation Committee which shall constitute varied experts including the community representatives and the PAPs representative, all the Appointment of structures, livelihood and vegetation shall be assessed, valued and Community adequately compensated based on the compensation guidelines. Representatives However, in undeveloped plots which are currently used as shambas for seasonal crops productions. There are guidelines related to calculation of loss of livelihood. The Ward Administrator assured the community that under any circumstance the Government can never allow for implementation of a detrimental project. Although all projects must have both positive and negative impacts. Sentiments echoed by the DCC. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 245 Zamconsult Consulting Engineers Ltd. June 2021 The Technical Manager Advised that, the Bank had contracted an expert in Environmental and Social issues, who was looking at all the potential impacts of the project both positive and negative and propose efficient mitigation measures. The Consultant shall then issue a report (ESIA), published for public opinions and comments before submission to NEMA for approval and follow up. He further assured Members that the project designs have been scrutinized by the experts and the best selected. The MD added that a few Sabaki residents shall be facilitated to visit one amongst the many successful sludge treatment facilities to clear their doubts Members resolved that Public Consultations shall be the responsibility of the Community Leaders through the office of the area chief. The local administration shall play a key role in ensuring that the project area Community is well educated and informed with the rightful project information to promote community project participation. The Assistant Chief requested Leaders to inquire more information and seek clarifications from the project task team Members before disseminating unclear information to prevent community uproar. The Managing Director requested the Leaders through the Office of the Chief to appoint 2 nominees who shall represent the Community in the Resettlement Implementation Committee as well as assist in Community sensitization and public education. Through consultation amongst the Leaders, the Area Chief presented Mr. Henry J. Kalinga and Mr. Safari K. Mungumba to sit in the RIC committee and Mr. Edward Kazungu Charo and Mr. Safari K. Karisa to assist in Public sensitization and Community Education. Members were informed of other planned meetings where only relevant people shall be advised to attend. The DCC thanked Mawasco for having negotiated for compensating squatters whereas in some instances, they are forceful evicted with no resettlement’s measures. Finally urged all the Leaders to support the project which is beneficial to the immediate community and Kilifi County at large. There being no other business, the meeting ended at 11:41hrs with a word of prayer lead by Chief Nyiro. Compiled by; ………………………………………… Sign:……………………… Date:………………………. Proposed by; ………………………………………… Sign:……………………… Date:………………………. Seconded by; ………………………………………… Sign:……………………… Date:………………………. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 246 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 247 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 248 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-14: Community Leaders attending a consultative meeting Figure 11-14: a section of Community Leaders following meeting discussions ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 249 Zamconsult Consulting Engineers Ltd. June 2021 Summary Report WSDP SHF Site Project Site Boundary Familiarization tour 05th May 2020 Members present 19. Mr. Vellasco Ndaro - Mawasco, Commercial Manager (Social Safeguards) 20. Ms. Zuleikha Fadhil - Mawasco Commercial Officer, Environmental Safeguards 21. Mr. Mutengo Munga - Surveyor (Mawasco) 22. Mr. Musa Abdalla - Sabaki Ward Administrator 23. Mr. Wilfred Akili Nyiro - Acting, Area Chief - Malindi 24. Ms. Racheal G. Malingi - Asst. Chief Sabaki 25. Sabaki Community Leaders (attendance list attached) Meeting Agenda 8. Familiarization of the Project area Boundary 9. To Transact Any Other Business The Team converged at Mwaduna’s residence Sabaki and the area chief called the meeting to order at 10:52am. He then handed over the meeting to Mawasco. Deliberations and action points Meeting Deliberations Action points The commercial Manager thanked Members for their attendance and reminded them on the day’s activity. He then introduced Mr. Mutengo Muga, Mawasco surveyor who was to lead all the participants on the day’s activity, Boundary Identification and Familiarization session. The Company surveyor walked the Team alongside the 30acre boundary piece of land, identifying the four key points as marked on the land map/PDP. He also showed them visible landmarks as Baobab trees, KuRRA Road markings indicating the boundary points for ease of reference. The Area chief thanked the Surveyor on behalf of the team members and promised MAWASCO to deliver on all the assigned duties relating to the project PAPS which included but were not limited to “PAPS Identification” within the shortest Identification time to facilitate conclusion of the exercise. (Chiefs’ Office) The Commercial Manager thanked all in attendance for having made the exercise a success and wished the Team good luck in all the forthcoming activities. here being no other business, the meeting ended at 13:17hrs with a word of prayer lead by Mr. Edward Kazungu. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 250 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-15: a section of Community Leaders following meeting discussions ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 251 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-(16 – 19): a tour within the 30acre piece of land at Sabaki (Boundary Marking Exercise) ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 252 Zamconsult Consulting Engineers Ltd. June 2021 Summary Report WSDP SHF RIC Committee + PAPs Consultative Meeting Held on 14th July 2020 At Christ The King Baptist Church Members present 26. Eng. George K. Kingi - Ag. Director Water County Government of Kilifi 27. Mr. Haji Massa - Env. & Social Expert – Coast Water Works Dev. Agency 28. Anderson Kasiwah - Chairman – Mawasco Board of Directors 29. Mr. Gerald Mwambire - Managing Director, Mawasco 30. Eng. Isaac Chibule - Technical Manager, Mawasco 31. Mr. Vellasco Ndaro - Commercial Manager, Mawasco (Social Safeguards Specialist) 32. Ms. Zuleikha Fadhil - Commercial Officer, Mawasco (Environmental Safeguards) 33. Mr. Musa Abdalla - Sabaki Ward Administrator 34. Mr. Wilfred Akili Nyiro - Acting, Area Chief - Malindi 35. Ms. Racheal G. Malingi - Asst. Chief Sabaki 36. Sabaki PAPS (attendance list attached) Meeting Agenda 10. Project Overview 11. Introduction of RIC Committee 12. Receiving and confirmation of the Sabaki PAPs list 13. Plenary session & Way forward Preliminary The Managing Director (Mawasco) called the meeting to order at 10:46am and requested Pastor Jonathan to lead members with a word of prayer. Deliberations and action points Issue Meeting Deliberations raised/discussed The Managing Director, Mawasco gave out a brief overview of the WSDP Project Overview program mentioning the various benefitting Companies including Mawasco. He also mentioned on the two main project components i.e Water and Sanitation sub projects financed by the World bank. Highlighting the various water interventions expected to be carried out in Project Malindi, Gongoni and Watamu areas hence improving on the current supply. Description and on the Sanitation component, he informed Members that Bank was financing area the construction of 10no public ablution blocks situated across Malindi, Gongoni and Watamu and 2no sludge treatment facilities in Malindi Sabaki area and the second in Watamu, Canaan area all sited on Public land. The Technical Manager informed the Leaders that Kilifi County through MAWASCO received funds to put up a Sludge Treatment Facility in Sabaki where the WSP was allocated 30acres of land by the County through the Ministry of land. Papers of land allocation were available for confirmation. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 253 Zamconsult Consulting Engineers Ltd. June 2021 The Technical Manager acknowledged the presence of squatters within the said parcel of land where the ARAP report shall suggest their compensation as guided by the Kenyan and the World bank policies and operating procedures. Project He also recognized and appreciated the importance of Public consultations Objectives & before, during and after project implementation as emphasized in the current Expected Impacts Kenyan constitution and the World bank operational procedures. He then introduced the other stakeholders playing various roles within the project as County Government of Kilifi and its relevant departments i.e Public Department of Lands, Physical Planning, Environment, Water and Sanitation Consultations amongst others. Coast Water Development Agency, the Water Service Provider i.e Mawasco etc. Mr. Haji advised on the expected projects benefits which mainly seeks to County improve sanitation situation in Malindi hence Community acceptance and support of the project was very key. He also mentioned of the expected Government negative impacts as social issues related to displacement and loss of involvement livelihoods within the identified parcel of land where the project was cited. Adding that other environmental issues as air pollutions, noise, traffic amongst Project others are also expected to occur. However, most of them were short termed Subcommittees and expected only during the construction phase and respective mitigation measures were identified in the Environmental and Social Management Plan to minimize and/or avoid them. Mr. Haji informed Members present on their roles as immediate beneficiaries PAPs hence need to be involved throughout the project cycle through consultations Enumeration and and sensitization meetings. He then added that they are expected to assist Source of with the design reviews and give suggestions that would assist in enhancing Compensation the project designs as well as the proposed proper mitigation measures for the Money expected negative impacts. The Director, Water Affairs confirmed to the PAPs that the project constitutes the Sanitation programs within Kilifi County where all plans were approved by the County Government. He then requested the Community to cooperate and fully support the Project since all was for the benefits of the common Mwananchi. The Chairman, Board of Directors welcomed all Members present and requested the PAPs to actively participate since the forum was meant for them. The Managing Director briefed Members on the various stakeholders consultation meeting held which resulted to the formation of various committees as Public Education and Consultation Committee and Resettlement Implementation Action Plan Committee whose composition constitutes Coast Water Development Agency Environmental and Social issues Specialist, Mawasco, District County Commissioner, Area Chiefs’, Kilifi County Directors of Lands, Physical Planning, Agriculture, Finance, Water and Sanitation, Community Leaders and representatives of the Project Affected Persons. He then shared resolutions made in the previous meeting where Members resolved the involvement of Project Affected Persons and any interested party where the Office of the Chief was to coordinate the PAPs picking exercise and share it in the next meeting. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 254 Zamconsult Consulting Engineers Ltd. June 2021 The Managing Director informed Members that project funds were readily available hence project implementation awaits the clearing of the social issues as reported in the safeguard’s documents. He then assured the PAPs that the County Government of Kilifi has indicated its commitment in meeting the compensation costs of all the assets, trees and crops as well as affected livelihoods within the 30acres piece of land identified for the project. He instructed the Office of the Chief to fast track its exercise and submit the final list by 17th July 2020. The area Chief read out the list of the Persons enumerated during the picking exercise while confirming with those present. It was however confirmed that majority of the PAPs were in attendance. He then cited challenges faced during listing including absentee landlords hence requested for additional two days to follow up with the unidentified settlers. He promised to deliver the final list within the given timelines to facilitate the start of the other planned process. The Managing Director appreciated the office of the Chief for their effort, cooperation and advised that the next activity which included assets assessment and valuation was scheduled for 01st August 2020 through the Departments of Lands, Physical Planning and Agriculture. Mr. Haji emphasized on honest and transparency during the whole exercise and urged Members to only list persons within the 30acres as stated and only record assets belonging to the project affected persons. Plenary Session Mr. Edgar Mwandanda 1. Inquired on the Project Area Coverage The Managing Director advised that the County Government of Kilifi had allocated 30acres of land within Sabaki Plot no…. where several sanitation projects shall be undertaken through the County Sanitation plans. He then advised that the current plant shall occupy at most 3acres of land whereas the entire land needed to be secured for future expansions as well as other sanitation projects. 2. Complained on late communication and mode of communication used The Commercial Manager apologized for the short meeting notice and further advised that since the client had no contact information on the Settlers, he opted to use the area chief’s office in gathering such information which shall then be used in future communications. Closing Remarks 3. Effects of the Project to the adjacent River Ecosystem – Fish, Hippos etc The Technical Manager confirmed that the project design had taken care of all the possible environmental issues. He further added that tests shall be carried out as per NEMA standards before discharging the effluent to the environment while routine audits shall be carried out to determine the effectiveness of the proposed measures. Madam Mwakio Mgao Makazi 4. Urged the Client to consider the affected community in job opportunities and other projects benefits ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 255 Zamconsult Consulting Engineers Ltd. June 2021 The Managing Director assured Members that the community shall be the first to be considered when recruiting employees. Mr. Haji urged the community to be cooperative and not to be selective on any assignment given since not all jobs can be sourced locally. Mr. John Githaiga Kariuki, Mr. Said Ali Omar and Mr. Robert Charo 1. Inquired on the assets’ compensation package The Managing Director responded that valuation exercise shall be carried out by the Consultant in consultation with the county Government of Kilifi where all the structures, crops, trees and/or any other land improvement shall be considered. The Technical Manager added that all Government projects requires completion and implementation of the ESIA and ARAP reports before the actual implementation of the project. It recognizes the presence of homesteads, livelihoods, trees and crops which must be well enumerated and valued. He informed them that a consultant was engaged in preparing the required safeguards documents which requires the involvement of the various stakeholders including the project likely to be affected persons for their views and suggestions to be included in the report before its finalization. He further advised that the report shall capture all possible social, environmental, economic and ecological issues and propose effective mitigation measures for implementation. The report shall then be published and shared to the public for views and comments before an approval license is issued by NEMA. Mr. Haji added that the compensation shall follow the Kenya compensation guidelines and World bank Operational procedures which depends on a number of factors including the type of the structure, construction materials used, size etc. He further elaborated on the various mode of land acquisition and ownership including communal, ancestral, amongst others which are all recognizable by the Kenyan laws. However, they were reminded that the land in reference belongs to the Government and that the County Government acknowledges their status of being squatters. As a result, the County Government has offered to compensate for their applicable entitlements. The participants/community were in agreement with this explanation and clarification. He further requested the Community/PAPs to observe honesty and transparency during the assets enumeration exercise to eliminate cases of mis-compensation. He then advised that the client would be expected to follow up on post compensation impact hence advised them to used their money wisely once given in order to improve on their wellbeing. Madam Grace Karimi 1. Thanked Mawasco and all the stakeholders for their involvement. Inquired on the content of previous consultations held. The Commercial Manager acknowledged the appreciation, he then advised her that all previous consultations were for different categories of stakeholders which has now resulted to calling upon the immediate community hence their first meeting and other series of consultative meetings shall be held where the project affected persons shall be the first to be informed and expected to attend. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 256 Zamconsult Consulting Engineers Ltd. June 2021 The Managing Director thanked all in attendance and inform them on the next meeting which shall involve all the project likely to be affected persons and the Resettlement Action Plan Implementation Committee to chat on the way forward. The area chief informed residents of the project area which was well known by the community leaders. Also mentioned that if your name was amongst the enumerated ones, it means you fall within the 30acre piece of land. He then informed Members that his office will try as much as it could to include all settlers within the 30acres of land for consideration during the asset assessment exercise. Chairman Mawasco Ltd, thanked all Members present for their cooperation as witnessed during the deliberations. Also thanked the area Chief for his good efforts in carrying out the PAPs identification exercise which he did it with lots of passion. Further advised the PAPs to assist in the identification of the unknown/absentee landlords for their inclusion in the future consultation meetings. Sabaki Ward Administrator Mr. Salim advised the community that the proposed project was not meant to displace people nor destruct once livelihood but rather improve on the Community social and Environmental wellbeing. Mr. Mwaduna PAPs representative emphasized on the need for a timely meeting communication for adequate preparation. He also mentioned on the categories of the affected persons whereas some assets would be partially affected while some all plots fall within the specified piece of land. He however offered to assist the office of the chief in the identification of the unknown PAPs so as to get a comprehensive list of the Project affected persons for future conclusive consultative meetings. He finally urged the community to attend all the scheduled meetings and participate fully to avoid blames and misunderstandings. There being no other business, the meeting ended at 12:57hrs with a word of prayer lead by Mr. Haji Massa. Compiled by; ………………………………………… Sign:……………………… Date:………………………. Proposed by; ………………………………………… Sign:……………………… Date:………………………. Seconded by; ………………………………………… Sign:……………………… Date:………………………. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 257 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 258 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 259 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 260 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 261 Zamconsult Consulting Engineers Ltd. June 2021 Figure 11-21 Area Chief presenting a list of Squatters within the 30acre Sabaki Land Figure 11-22 Mr. Mwangi (PAP) posing a question during the Plenary Session ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 262 Zamconsult Consulting Engineers Ltd. June 2021 APPENDIX C: CHANCE FIND PROCEDURES Chance find procedures are an integral part of the project ESMMP and civil works contracts. The following is proposed in this regard:  If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall:  Stop the construction activities in the area of the chance find;  Delineate the discovered site or area;  Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over;  Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archaeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage. ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 263 Zamconsult Consulting Engineers Ltd. June 2021 APPENDIX D: LAND OWNERSHIP DOCUMENTS ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 264 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 265 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 266 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 267 Zamconsult Consulting Engineers Ltd. June 2021 The updated PDPs attached below include: 1. Gongoni Market 2. Bloodbank for Malindi Level Four Hospital 3. Cleopatra-Stadium Gongoni Market (Karisa Maitha Playing Ground) 4. Muyeye Health Centre 5. Omar project Malindi (Malindi Water Front) 6. Kibokoni Market 7. Takaye Ablution Site ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 268 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 269 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 270 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 271 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 272 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 273 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 274 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 275 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 276 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 277 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 278 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 279 Zamconsult Consulting Engineers Ltd. June 2021 ESIA Project Report – Malindi Sanitation Development Project for WSDP Contracts 280