Environmental and Social Impact Assessment (ESIA) Report for the Water Distribution Works in Malindi and Watamu Towns Pipeline Replacement, Extension and Augmentation, Bulk Meters and Consumer Connections Project: WATER AND SANITATION DEVELOPMENT PROJECT (WSDP) Credit No.: IDA-60300KE Country: REPUBLIC OF KENYA Employer: MALINDI WATER AND SEWERAGE COMPANY LTD. (MAWASCO) Submitted on: March 2021 This ESIA was prepared under the contract below: Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa, Malindi, Kilifi and TAVEVO WSPsContract No. CWSB/WaSSIP-AF/C/34/2017 EMPLOYER: Coast Water Works Development Agency (CWWDA) CONSULTANT: DOCUMENT TITLE: ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT FOR THE PROPOSED WATER DISTRIBUTION SHORT TERM WORKS FOR MALINDI WATER & SEWERAGE CO. LTD. (MAWASCO) TABLE OF CONTENTS E. EXECUTIVE SUMMARY ............................................................................................... 2 E.1 BACKGROUND INFORMATION....................................................................................... 2 E.2 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM ................... 2 E.2.1 URBAN CENTRES .............................................................................................................. 2 E.2.2 PERI-URBAN AREAS .......................................................................................................... 3 E.2.3 M ARKET/TRADING CENTRES ............................................................................................. 3 E.2.4 EXISTING WATER SUPPL Y S YSTEM ................................................................................... 3 E.2.5 BULK WATER SUPPLY S YSTEM ......................................................................................... 3 E.2.6 WATER SUPPLY TO M ALINDI TOWN ................................................................................... 4 E.2.7 WATER SUPPLY TO WATAMU TOWN .................................................................................. 4 E.2.8 EXISTING SANITATION S YSTEM ......................................................................................... 5 E.3 PROPOSED WORKS FOR MAWASCO WATER DISTRIBUTION NETWORK............... 5 E.3.1 PLANNING HORIZONS ........................................................................................................ 5 E.3.2 CATEGORIZATION OF PROPOSED WORKS ......................................................................... 5 E.3.3 SUMMARY OF P ROPOSED WORKS ..................................................................................... 6 E.4 OBJECTIVES OF THE ESIA ASSESSMENT.................................................................... 6 E.5 APPROACH AND METHODOLOGY................................................................................. 6 E.6 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ............................................... 7 E.7 STAKEHOLDER AND PUBLIC CONSULTATIONS.......................................................... 8 E.8 PROJECT SENSITIVE RECEPTORS..............................................................................10 E.9 PROJECT IMPACTS ........................................................................................................12 E.9.1 POSITIVE IMPACTS DURING CONSTRUCTION PHASE .........................................................13 E.9.2 POSITIVE IMPACTS DURING OPERATION PHASE ...............................................................13 E.9.3 NEGATIVE IMPACTS AND M ITIGATION M EASURES DURING CONSTRUCTION STAGE ...........13 E.9.4 NEGATIVE IMPACTS AND M ITIGATION M EASURES DURING P ROJECT OPERATION PERIOD .20 E.10 FINDINGS AND CONCLUSIONS..................................................................................20 1.0 BACKGROUND INFORMATION..............................................................................1-1 1.1 GENERAL INFORMATION .................................................................................................... 1-1 1.2 PROJECT BACKGROUND ................................................................................................... 1-3 1.3 PROJECT IMPLEMENTING AGENCY .................................................................................... 1-4 2.0 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM ..2-1 2.1 DELINEATION OF MAWASCO AREA ................................................................................. 2-1 2.1.1 Urban Centres ......................................................................................................... 2-1 2.1.2 Peri-Urban Areas .................................................................................................... 2-2 2.1.3 Market/Trading centres ........................................................................................... 2-2 2.1.4 Rural Areas ............................................................................................................. 2-2 2.2 EXISTING WATER SUPPL Y S YSTEM ................................................................................... 2-2 2.2.1 Bulk Water Supply System ..................................................................................... 2-2 2.2.2 Water Supply to Malindi Town ................................................................................ 2-2 2.2.3 Water Supply to Watamu Town .............................................................................. 2-4 2.3 EXISTING SANITATION S YSTEM ......................................................................................... 2-5 3.0 PROPOSED WORKS FOR MAWASCO WATER DISTRIBUTION NETWORK 3- 1 MIBP 3.1 PLANNING HORIZONS ........................................................................................................ 3-1 3.2 CATEGORIZATION OF PROPOSED WORKS ......................................................................... 3-1 3.3 PROPOSED WORKS .......................................................................................................... 3-2 3.4 INVESTMENT REQUIREMENTS FOR MAWASCO WSP AREA.............................................. 3-7 4.0 APPROACH AND METHODOLOGY .......................................................................4-1 4.1 SCREENING FOR ENVIRONMENT AND SOCIAL IMPACTS ...................................................... 4-1 4.2 OBJECTIVES OF THE ESIA ASSESSMENT ........................................................................... 4-1 4.3 ESIA M ETHODOLOGY ....................................................................................................... 4-1 4.3.1 Environment and Social Scoping............................................................................ 4-2 4.3.2 Desk Review ........................................................................................................... 4-2 4.3.3 Field Assessment .................................................................................................... 4-2 4.3.4 Public Participation ................................................................................................. 4-3 4.3.5 Adverse Environment and Social Impacts Ranking ............................................... 4-5 5.0 ENVIRONMENT AND SOCIAL SETTING OF THE PROJECT AREA ..............5-1 5.1 PROJECT L OCATION .......................................................................................................... 5-1 5.2 PHYSICAL ENVIRONMENT .................................................................................................. 5-3 5.2.1 Climate .................................................................................................................... 5-3 5.2.2 Topography and Geology ....................................................................................... 5-3 5.2.3 Soils ………………………………………………………………………………………………………………………5-3 5.2.4 Hydrology ................................................................................................................ 5-4 5.3 BIOLOGICAL ENVIRONMENT............................................................................................... 5-5 5.3.1 Vegetation and Flora ............................................................................................... 5-5 5.3.2 Fauna ...................................................................................................................... 5-6 5.4 SOCIAL ECONOMIC SETTING ............................................................................................. 5-6 5.4.1 Land Ownership ...................................................................................................... 5-6 5.4.2 Educational Facilities .............................................................................................. 5-6 5.4.3 Health Facilities ....................................................................................................... 5-7 5.4.4 Existing Water Supply and Sanitation Systems ..................................................... 5-7 5.4.5 Historical Sites and Religion: .................................................................................. 5-8 5.4.6 Transport ................................................................................................................. 5-8 5.4.7 Gender Based Violence (Situational Analysis) ....................................................... 5-9 6.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ....................................6-1 6.1 INTRODUCTION ................................................................................................................. 6-1 6.2 POLICY P ROVISION ........................................................................................................... 6-1 6.3 KENYAN LEGISLATIONS ..................................................................................................... 6-2 6.4 WORLD BANK OPERATIONAL POLICIES .............................................................................. 6-6 6.5 WORLD BANK GROUP ENVIRONMENTAL HEALTH AND SAFETY GUIDELINES ON WATER AND SANITATION ...................................................................................................................... 6-6 7.0 STAKEHOLDER AND PUBLIC PARTICIPATION ................................................7-1 7.1 OBJECTIVES OF STAKEHOLDER PARTICIPATION ................................................................. 7-1 7.2 LEGAL AND POLICY P ROVISIONS FOR STAKEHOLDER PARTICIPATION ................................ 7-1 7.3 STAKEHOLDER M APPING................................................................................................... 7-2 7.4 STAKEHOLDER PARTICIPATION PROCESS .......................................................................... 7-3 8.0 ENVIRONMENTAL AND SOCIAL IMPACTS ASSESSMENT AND MITIGATION MEASURES..................................................................................................................8-1 MIBP 8.1 INTRODUCTION ................................................................................................................. 8-1 8.2 DEFINITION AND CLASSIFICATION OF ENVIRONMENT IMPACT ............................................. 8-1 8.3 POSITIVE IMPACTS DURING CONSTRUCTION PHASE .......................................................... 8-1 8.4 SENSITIVE RECEPTORS LIKEL Y TO BE IMPACTED ............................................................... 8-2 8.4.1 Sensitive Receptors in Malindi Town ..................................................................... 8-2 8.4.2 Sensitive Receptors in Watamu Town ................................................................... 8-3 8.4.3 Sensitive Receptors in Gongoni Centre ................................................................. 8-4 8.4.4 Sensitive Receptors in Mambrui Centre ................................................................. 8-4 8.5 NEGATIVE IMPACTS DURING CONSTRUCTION PHASE ......................................................... 8-5 8.5.1 Impacts on Vegetation Resources.......................................................................... 8-1 8.5.2 Impacts of Water Resources .................................................................................. 8-1 8.5.3 Impacts on Soil Resources ..................................................................................... 8-2 8.5.4 Workers, Community Health and Safety Risks ...................................................... 8-4 8.5.5 Social Impacts........................................................................................................8-13 8.6 POSITIVE IMPACTS DURING OPERATIONAL PHASE............................................................8-22 8.7 NEGATIVE IMPACTS DURING P ROJECT OPERATIONAL PHASE ...........................................8-22 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) .......................................................................................................................9-1 9.1 PURPOSE AND OBJECTIVES OF ESMMP ........................................................................... 9-1 9.2 AUDITING OF ESMMP....................................................................................................... 9-1 9.3 INCIDENT REPORTING ....................................................................................................... 9-1 9.4 M ANAGEMENT RESPONSIBILITY OF ESMMP ..................................................................... 9-2 9.4.1 Coast Water Works Development Agency (CWWDA) / Malindi Water and Sewerage Company (MAWASCO) ......................................................................... 9-2 9.4.2 National Environment Management Authority (NEMA).......................................... 9-2 9.4.3 The Contractor ........................................................................................................ 9-2 9.4.4 Consultant ............................................................................................................... 9-3 9.4.5 County Government of Kilifi .................................................................................... 9-3 9.5 ENVIRONMENT AND SOCIAL M ANAGEMENT AND M ONITORING PLAN .................................. 9-3 9.6 DECOMMISSIONING FLOW CHART ....................................................................................9-19 10.0 FINDING AND CONCLUSION ............................................................................... 10-1 10.1 CONCLUSION ...................................................................................................................10-1 10.2 RECOMMENDATIONS ........................................................................................................10-1 MIBP List of Tables Table E.1: Summary of Existing Water Supply System in Malindi Town ............................4 Table E.2: Summary of Existing Water Supply System in Watamu Town ..........................4 Table E.3: Summary of Proposed Water Distribution Network Works for MAWASCO (km) .................................................................................................................................................6 Table E.4: Applicable Legal and Policies Statutes ................................................................7 Table E.5: Applicable World Bank Operational Safety Policies ..........................................8 Table E.6: Legal and Policy Provisions for Public Participation ..........................................8 Table E.7: Stakeholder Inventory for MAWASCO Area .......................................................9 Table E.8: Schedule of Public Consultations..........................................................................9 Table E.9: Sensitive Receptors in Malindi Town ...................................................................10 Table E.10: Sensitive Receptors in Watamu Town ..............................................................11 Table E.11: Sensitive Receptors in Gongoni Centre ............................................................12 Table E.12: Sensitive Receptors in Mambrui Town ..............................................................12 Table E.13: Negative Impacts and Proposed Mitigation Measures During Construction .......................................................................................................................................................14 Table E-14: Potential Negative Impacts and Proposed Mitigation Measures During Operation .......................................................................................................................................................20 Table E.15: Summary of RAP findings ...................................................................................22 Table 2.1: Summary of Existing Water Supply System in Malindi Town ......................... 2-3 Table 2.2: Summary of Existing Water Supply System in Watamu Town ...................... 2-4 Table 3.1: Summary of Lengths of Proposed Water Distribution Network Works for MAWASCO (km) ...................................................................................................................... 3-2 Table 3.2: MAWASCO-Proposed Works for Short Term Phase (2017-2020) ............... 3-2 Table 3.3: MAWASCO Investment Requirements for the Short-Term Phase (2017- 2020) .......................................................................................................................................... 3-7 Table 4.1: Schedule of Institutional Consultations in MAWASCO Area ........................ 4-4 Table 4.2: Schedule of Public Meetings within MAWASCO Area .................................... 4-4 Table 4.3: Impact Rating Variables ....................................................................................... 4-5 Table 4.4: Impact Severity ...................................................................................................... 4-5 Table 4.5: Impact Rating Criteria for Environment and Social Risks ............................... 4-6 Table 6.1: Policy Framework ................................................................................................. 6-1 Table 6.2: Acts of Parliament................................................................................................. 6-2 Table 6.3: Applicable World Bank Operational Safety Policies ...................................... 6-6 Table 7.1: Legal and Policy Provisions for Public Participation ...................................... 7-1 Table 7.2: Kenya Constitution Provision for Stakeholder and Public Participation ..... 7-2 Table 7.3: Stakeholder Inventory for MAWASCO Area .................................................... 7-3 Table 7.4: Schedule of Institutional Meetings..................................................................... 7-3 Table 7.5: Schedule of Public Meetings ............................................................................... 7-4 Table 7.6: Summary of Issues discussed and Response.................................................. 7-4 Table 8.1: Sensitive Receptors in Malindi Town ................................................................. 8-2 Table 8.2: Sensitive Receptors in Watamu Town ............................................................... 8-3 Table 8.3: Sensitive Receptors in Gongoni Centre............................................................. 8-4 Table 8.4: Sensitive Receptors in Mambrui Town .............................................................. 8-5 Table 8.5: Project Impacts on Vegetation Cover................................................................. 8-1 Table 8.6: Project Impacts to Water Resource Rating ....................................................... 8-1 Table 8.7: Impacts on Soil Resources ................................................................................. 8-3 Table 8.8: Impacts on Workers, Community Health and Safety ..................................... 8-4 Table 8.9: Traffic Management Plan .................................................................................. 8-12 Table 8.10: Total Project Affected Persons in Malindi Town ......................................... 8-14 Table 8.11: Total Project Affected Persons in Watamu Town ....................................... 8-14 MIBP Table 8.12: Total Compensation Budget for Watamu Town .......................................... 8-15 Table 8.12: Total Compensation Budget for Watamu Town .......................................... 8-15 Table 8.13: Total Compensation Budget for Malindi Town ............................................ 8-15 Table 8.14: Grand RAP Budget ........................................................................................... 8-15 Table 8.15: Adverse Social Impacts ................................................................................... 8-16 Table 8.16: Impacts on Social Setting ............................................................................... 8-17 Table 8.17: Negative Impacts and Mitigation measure during Project Operation ....... 8-22 Table 9-1: Construction Phase: Environmental and Social Management and Monitoring Plan............................................................................................................................................. 9-4 Table 9-2: Operational Phase: Environmental and Social Management and Monitoring Plan........................................................................................................................................... 9-17 Table 9.3: Decommissioning Flow Chart............................................................................ 9-19 Table 10.1: Summary of RAP Findings .............................................................................. 10-2 MIBP List of Figures Figure 1.1: Area of jurisdiction of 4 WSPs in Mombasa, Kilifi and Taita Taveta Counties........ 1-2 Figure 1.2: Coverage Area of MAWASCO WSP........................................................................ 1-5 Figure 2.1: Schematic Diagram of Existing Bulk Water Supply System for MAWASCO .......... 2-3 Figure 2.2: Layout Plan of the Existing Water Distribution Network in Malindi Town ............... 2-6 Figure 2.3: Layout Plan of the Existing Water Distribution Network in Watamu Town ............. 2-7 Figure 3.1: Layout Plan for the Network Improvements / Extensions for Malindi...................... 3-4 Figure 3.2: Layout Plan for the Network Improvements / Extensions for Watamu.................... 3-5 Figure 3.3: Layout Plan for the Network Improvements / Extensions for Gongoni and Mambrui ... ..................................................................................................................................................... 3-6 Figure 5.1: Map of Kilifi County showing Malindi (Source: Google maps) .............................. 5-2 Figure 5.2: Soils and Geology of Malindi Project Area ............................................................. 5-4 Figure 5.3: Vegetation of the Project Area ................................................................................ 5-6 Figure 5.4: School Infrastructure ................................................................................................ 5-7 Figure 5.5: Health Infrastructure ................................................................................................. 5-7 Figure 5.6: Water Infrastructure.................................................................................................. 5-8 Figure 5.7: Religious Facilities (Mosque and Vasco Da Gamma Pillar) .................................... 5-8 Figure 5.8:Transport Infrastructure ............................................................................................. 5-9 Figure 8.1: Sensitive Receptors in Malindi Town ....................................................................... 8-3 Figure 8.2: Sensitive Receptors in Watamu Town ..................................................................... 8-4 Figure 8.3: Receptors in Gongoni Centre................................................................................... 8-4 Figure 8.4: Vegetation Cover on Proposed Alignments............................................................. 8-1 Figure 8.5: Permissible Noise Levels ......................................................................................... 8-9 MIBP LIST OF ABBREVIATIONS& ACRONYMS CEO Chief Executive Officer CoC Code of Conduct COVID-19 Corona Virus Disease CWWDA Coast Water Works Development Agency DCC Deputy County Commissioner ESIA Environmental Social and Impact Assessment ESMF Environment and Social Management Framework ESMP Environment and Social Management Plan FGDs Focus Group Discussions GER Gender Enrolment Ration GCI Galvanized Corrugated Iron GO Grievance Officer GoK Government of Kenya GRVM Gross Replacement Value Method GRC Grievance Redress Committee HH Household LPDP Local Physical Development Plan IoL Inventory of Losses MAWASCO Malindi Water and Sewerage Company MIBP Mangat IB Patel Limited M&E Monitoring and Evaluation MoH Ministry of Health MWS Ministry of Water and Sanitation NEMA National Environment Management Authority NLC National Lands Commission NLP National Land Policy Nr Number NGO’s Non-Governmental Organizations OS Operations Safeguards PAD Project Appraisal Document PAPs Project Affected Persons PC Project Committee PM Project Manager PIT Project Implementation Team RAP Resettlement Action Plan RPF Resettlement Policy Framework RIC Resettlement Implementing Committee RIM Registry Index Maps ROW Right of Way RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse SOP Standard Operating Procedure SGRC Sub Location Grievance Committee VMGs Vulnerable and marginalized Groups WaSSIP Water and Sanitation Services Improvement Project WSDP Water and Sanitation Development Project VAC Violence Against Children MIBP EXECUTIVE SUMMARY MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO E. EXECUTIVE SUMMARY E.1 BACKGROUND INFORMATION The Government of Kenya (GoK) and Coast Water Works Development Agency (CWWDA) with support from the International Development Association (IDA) has undertaken to prepare Detailed Designs, ESIA/RAP and Bid Documents for Water Distribution Works for Mombasa and three (3) Water Service Providers (WSPs) under the Water and Sanitation Service improvement Project- Additional Financing (WaSSIP-AF). The 4 WSPs targeted under the assignment cover the Counties of Mombasa, Kilifi and Taita Taveta and include: • Mombasa Water Supply & Sanitation Co. Ltd. (MOWASSCO) • Malindi Water & Sewerage Co. Ltd. (MAWASCO) • Kilifi-Mariakani Water & Sewerage Co. Ltd. (KIMAWASCO) • TAVEVO Water and Sewerage Co. Ltd. (TAVEVO) This Report presents the Environmental & Social Impact Assessment (ESIA) Project Report for the Proposed Distribution Network Investments for Malindi Water and Sewerage Company Limited (MAWASCO). The review of this ESIA is undertaken during the Corona virus disease 2019 (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on Environmental and Social issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to. E.2 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM The Terms of Reference (ToR) of the Assignment specified that the Project Area for the Detailed Design of the Water Distribution Network covers the Urban Centers and the Peri- urban areas only. Delineation of the MAWASCO Area of jurisdiction into Urban and Peri-Urban Areas was detailed in Deliverable D2 of this Assignment and titled “Water Supply and Demand Assessment Report for MAWASCO”. This Report was Submitted in June 2018. A brief description of the Urban Centers, Peri-Urban Areas and Market Centers within the Project Area is given in the following sub-sections. E.2.1 Urban Centres The current MAWASCO Urban Area consists of two Urban Centers i.e. Malindi and Watamu Towns. These Urban Centers are briefly described below . MIBP E-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO i. Malindi Town Malindi is the second largest Town in Kenya’s coastal region after Mombasa City. It is located on the Malindi Bay at the mouth of the Galana River, 120km north east of Mombasa. The Town is served by a domestic airport and Mombasa- Lamu highway. Malindi Town lies within Kilifi County and is the largest Urban Centre in the county. The Town had an estimated population of 84,150 persons (National Population and Housing Census, 2009). ii. Watamu Town Watamu Town is located within Kilifi County at approximately 105 km north of Mombasa City and 15 km south of Malindi Town. The 2009 population of Watamu Town was estimated at 10,030 (National Population and Housing Census, 2009). Watamu Town lies on a small headland, between the Blue Lagoon and Watamu Bay. Its main economic activities are tourism and fishing. The shoreline in Watamu features white sand beaches and offshore coral formations that are protected as part of the Watamu Marine National Park. The Marine Park is one of the best snorkeling and diving areas on the coast of East Africa. Watamu has several learning institutions, hospitals and government offices (post office, education office etc.). E.2.2 Peri-Urban Areas “Peri-Urban” refers to an area that is on the Urban fringe which has characteristics of both Urban and Rural Areas. Peri-Urban areas are regarded as rural-urban interface or transition zones where urban and rural activities mix. The current MAWASCO Peri-Urban Area consists of the area adjacent to Malindi Town. E.2.3 Market/Trading centres Trading / Market Centres are Centres that are located away from the Core Urban and Peri-Urban Areas, but which exhibit a level of development and commercial activities similar to Urban Areas e.g. manufacturing, retail businesses, hotels, institutions etc. There are four Market/ Trading centres located within MAWASCO Area of jurisdiction, namely: • Gongoni • Marereni • Mambrui • Ngomeni E.2.4 Existing Water Supply System The Existing Water Supply System for MAWASCO consists of the Bulk Water Supply System and local Storage and Distribution Networks as detailed in the following sub- sections; E.2.5 Bulk Water Supply System At present, the Bulk Water Supply Source for MAWASCO Urban and Peri-Urban Service Area is Baricho Wellfield. Besides Malindi and Watamu Towns (MAWASCO Service Area), the Wellfield supplies water to Mombasa and Kilifi Towns. In 2016, the capacity of MIBP E-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO the Baricho Wellfield and its potential production were 96,000 m 3/d and 180,000 m 3/d respectively. E.2.6 Water Supply to Malindi Town The main source of bulk water supply to Malindi Town is Baricho Wellfield 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 summarized in Table E.1 below. Table E.1: Summary of Existing Water Supply System in Malindi Town Bulk Water Source • Baricho wells at Sabaki River Water • Chlorination at Baricho and at Kakuyuni and Ganda reservoirs and new Treatment Ultrasonic station at Watamu Water Pumps • At Baricho and Watamu Booster Station • Rising Main f rom 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 m 3 BPT Water • 4 No. reservoirs at Kisimani [combined capacity = 9,000m 3] Storage • 3 No. Reservoirs at Ganda [combined capacity = 7,750m 3] • 1,250m3 reservoir at Jimba • 2 No. Reservoirs at Kakoneni and Jilore; each capacity 90m 3 Water Distribution • 132km of AC, GI, uPVC pipes E.2.7 Water Supply to Watamu Town The main water supply source to Watamu Town is Baricho Wellfields located approximately 43km away at Sabaki River through Kakuyuni Reservoirs (Storage capacity 1250m³ and elevation 128m amsl), and Ganda Reservoirs (3Nr, Total capacity 7,750m³ and elevation 48m amsl). Jimba Reservoir is located within Watamu (Storage capacity 1,250m³ and elevation 41m amsl) supplies water to Jacaranda Hotel and its environs. Details of the existing Water Supply System are summarized in Table E.2 below. Table E.2: Summary of Existing Water Supply System in Watamu Town Bulk Water Source • Baricho wells at Sabaki River • Chlorination at: Water Treatment • Baricho contact tank, capacity 2,000m 3 • Kakuyuni Reservoir, capacity 1,250 m 3 Water Pumps • At Baricho High Lif t Pumping Station • Rising Main f rom Baricho source works is 29.7 km of DN 600 steel pipe to Kakuyuni Reservoir. • Gravity Transmission Mains serving Watamu Water Mains • DN 600 mm dia. Steel pipe (0.03 km) f rom Kakuyuni Reservoir, reducing to DN 355 mm uPVC pipe (12.9 km) • DN 150 mm dia. Steel pipe (1.3 km) f rom Kakuyuni Break Pressure Tank, increasing to DN 200 mm uPVC pipe (9.3 km) • DN 160 mm AC pipe (5.6 km) f rom Ganda Reservoir Water Storage • Kakuyuni Reservoir, capacity 1,200 m3 MIBP E-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO • Kakuyuni BPT, capacity 500 m3 • 3 No. Reservoirs at Ganda, combined capacity 7,750m3 • Jimba Reservoir, capacity 1,250m3 Water Distribution • 76km of AC, Steel, uPVC pipes E.2.8 Existing Sanitation System At present, both Malindi and Watamu Towns have no sewerage system. The use of on- plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. The major problem faced is the lack of a proper sludge management system such as a Sludge Handling Facility for the discharge of septage by the exhaust vacuum tankers. Septage from septic tanks is discharged directly to the environment including unrestricted public utility sites such as near the solid waste disposal sites. E.3 PROPOSED WORKS FOR MAWASCO WATER DISTRIBUTION NETWORK E.3.1 Planning Horizons Prioritized Distribution Network Investment Plans have been prepared for the Project Area of MAWASCO considering the Planning Horizon years of 2020, 2030 and 2040. Based on these Planning Horizons, an Investment Program with an Implementation Schedule of 3 Phases has been prepared as follows: • Short Term Phase (Immediate Interventions) : 2017 - 2020 • Medium Term Phase : 2021 - 2030 • Long Term Phase : 2031 - 2040 However, the ToR for the current assignment covers Short-Term Phase (2017 - 2020). Separate ESIAs will be prepared for the Medium Term and Long-Term Phases when ready for implementation. E.3.2 Categorization of Proposed Works The works to be carried out have been grouped into 3 categories as follows: • Replacements-This includes gradual replacement of Asbestos Cement (AC) pipelines and any other pipelines which are currently in a dilapidated state. Priority has been given to the pipelines with reported frequent leakages and replacement of 16.317 km of AC pipelines under the Short-Term Phase (2017-2020). Replacement of the remaining AC pipelines will be carried out during the Medium-Term Phase such that by year 2030 all the AC pipelines will have been phased out. • Extensions-Some Areas that are currently not served by the existing Distribution Network require extensions to take care of the rising water demands. Under Short Term Phase (2017-2020), priority has been given to the Areas which are already built up but lack Distribution Network. Other Areas with potential for faster developments have been considered in the Medium-Term and Long-Term Phases. • Augmentation -Where the existing Distribution Pipelines have been found to be inadequate, new pipelines have been proposed to augment the existing pipelines. For economic and space considerations, priority has been given to implementing pipelines with capacities adequate to meet the year 2040 water demand with a phased development under the Short-Term, Medium-Term and Long-Term Phases. MIBP E-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO E.3.3 Summary of Proposed Works A summary of the Proposed Distribution Network Works for MAWASCO service area is given in Table E.3 below. Table E.3: Summary of Proposed Water Distribution Network Works for MAWASCO (km) Short-Term Medium-Term Long-Term Phase Phase (2017- Phase (2031-2040) 2020) (2021-2030) Replacement: 110 - 400 dia 30 8 - Extension: 110 - 200 dia 16 21 56 Augmentation: 110 - 500 dia 10 23 4 TOTAL (Km) 56 52 60 E.4 OBJECTIVES OF THE ESIA ASSESSMENT This Environmental & Social Impact Assessment (ESIA) has been conducted in compliance with the Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 2003 established under the Environmental Management and Coordination Act (EMCA) 2015, Water and Sanitation Development Project (WSDP) EMSF and RPF and provisions of the World Bank OP 4.01. The ESIA is expected to achieve the following: • Identify all potential significant environmental and social impacts of the proposed Project and recommend measures for mitigation. • Assess and predict the potential impacts during site preparation, construction and operational and decommissioning phases of the Project. • Guide compliance with project ESMF, WB OP. 4.01 and the national environmental and social regulations. • Generate baseline data for monitoring and evaluating how well the mitigation measures are being implemented during the Project cycle. • Promote stakeholders and public participation. • Design an Environmental and Social Management Plan to avoid, mitigate and where not possible, offset the identified impacts so as to ensure sustainability of the proposed Projects. • Recommend feasible, cost effective and culturally acceptable measures to be implemented to mitigate against the potential negative impacts while ameliorating the positive ones. E.5 APPROACH AND METHODOLOGY The approach to this exercise was structured to cover the requirements under the EMCA, 2015 as well as the EIA regulations as stipulated under the Gazette Notice No. 56 of 13th June 2003 and World Bank OP 4.12. The assessment involved an understanding of the Project background, the Project designs and the implementation plan as well as Project commissioning. In addition, the baseline information was obtained through physical investigation of the site and the surrounding areas, interviews with surrounding community members through local administration and County structures, stakeholder benchmarking, photography and most importantly, discussions with the Client and the Design Team. MIBP E-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO E.6 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK The Report has been prepared in line with the provisions of relevant policies, legislation and institutional frameworks that guide preparation of ESIA at both National and at the World Bank. Table E.4 below summarizes the Kenyan legal and policy statutes that were reviewed during the assessment while Table E.5 on Page E-7 provides triggered World Bank Operational Safeguard Policies. Table E.4: Applicable Legal and Policies Statutes Statute Category Specific Statute Policy Provisions Constitution of Kenya 2010 Kenya Vision 2030 National Environment Policy (NEP) 2013 HIV and AIDS Policy 2009 National Land Policy 2009 Gender Policy 2011 Kenya National Youth Policy 2006 Sustainable Development Goals (SDGs) 2015 National Climate Change Response Strategy 2010 Acts of parliament EMCA 2015 Land Act 2012 Water Act 2016 Physical Planning Act 1996 (286) The Urban Areas and Cities Act 201 The Public Health Act (Cap.242) HIV and AIDS Prevention and Control Act 2011, Occupational Health and Saf ety Act (OSHA 2007), Sexual Of f ences Act 2006, Child Rights Act (Amendment Bill) 2014, Labour Relations Act 2012 National Gender and Equality Commission Act 2011, Workplace Injuries and Benef its Act (WIBA) 2017 Employment Act 2007 Penal Code (Cap 63 of Kenya) The ESIA made reference to the Water and Sanitation Development Program (WSDP)- Environment and Social Management Framework (EMSF) (February 2017) and Water and Sanitation Development Program (WSDP)- Resettlement Policy Framework (RPF) (February 2017). Applicable World Bank Operational Safeguard Polices are listed in Table E.5 on Page E-8. MIBP E-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Table E.5: Applicable World Bank Operational Safety Policies Safeguards Policies Provision Relevance to the Project World Bank OP 4.01 on -Provides f or environmental An Environmental and Social Environmental Assessment assessment (EA) of projects Impact Assessment of the proposed f or Bank f inancing development/rehabilitation of water supply schemes will be to help ensure that they are carried out. environmentally sound and sustainable, and thus to improve decision making World Bank OP 4.12 on The World Bank Involuntary The total number of PAPs in Involuntary Resettlement Resettlement Policy OP 4.12 the Project area are 240. covers direct economic and These PAPS are likely to social impacts that result f rom suf f er economic Bank-assisted investment displacement, and this is projects. because their small-scale business encroaches on the proposed water pipeline easement. World Bank OP 4.11 on Provides f or measures to No physical cultural Physical Cultural Resources protect cultural heritage f rom resources were identif ied the adverse impacts of within the project areas. project activities and support However, the ESIA has its preservation; provided chance f ind procedures (appendix 2) to be adopted by the contractor during civil works. E.7 STAKEHOLDER AND PUBLIC CONSULTATIONS Stakeholder consultation is generally useful for gathering environmental data, understanding likely impacts, determining community and individual preferences, selecting Project alternatives and designing viable and sustainable mitigation and compensation plans. Stakeholder and public participation are guided by various legal and policy framework documents. For the proposed MAWASCO Water Distribution Network Project, public consultation activities conform to both National Legal Instruments as well as the WSDP- ESMF and World Bank Operational Policy OP 4.01 as described in Table E.6 below. Table E.6: Legal and Policy Provisions for Public Participation Level Statutes National Kenya Constitution 2010 Articles 10(2), 35, 69(1), 118, 174(c), 184(1)(c ), (Kenya) 196, 201(a), 232(1)d Public Participation Bill 2016 The Environmental Management and Coordination Act (EMCA), 1999 as amended in 2015 and subsequent regulations of Environment Impact Assessment and Audit Regulation of 2003 International World Bank Operational Policy OP 4.01. Stakeholder mapping was done to ensure that all the stakeholders likely to be affected or influenced by the Project were identified and involved in ESIA detailed study. Table E.7 on Page E-9 presents details of stakeholders who were engaged in the ESIA process. MIBP E-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Table E.7: Stakeholder Inventory for MAWASCO Area Institution Stakeholder • Representative of Malindi Water and Sewerage Company Kilif i County (MAWASCO) Government • Lands and Physical Planning Department • Public Health Of f icer • Deputy County Commissioner Malindi and Magarini Sub Counties National Government • Local Administration (Chief s and Village Elders) • National Environment Management Authority (NEMA) • Road Agencies (KeNHA & KURA), Education and Health Institutions Institution as identif ied in section 8.4 • Project Af f ected Persons (PAPs) including Land owners in Malindi, Watamu, Gongoni and Mambrui • Landlords and tenants of Malindi, Watamu, Gongoni and Mambrui Other Interested Parties • Business Community of Malindi, Watamu, Gongoni and Mambrui • Traders within Malindi, Watamu, Gongoni and Mambrui Hotel owners Consultations were done with relevant stakeholders within the Project area during preparation of the ESIA Project Report, Table E.8 below provides schedule of Public Consultations conducted. Table E.8: Schedule of Public Consultations Number of Date of the participants and Meeting Venue Participants Meeting Gender Representation • Acting chief Gongoni Sub Gongoni Centre at location, Total: 43 • Consultant representative, 27th July 2018 Chief ’s of f ice in Male 23 MAWASCO representatives, Gongoni village elders Female 20 • Members of the public • Acting chief Mambrui Sub Mambrui Town at location, Total: 46 • Consultant representative, 26th July 2018 Chief ’s Of f ice in Male 19 MAWASCO representatives, Mambrui village elders Female 27 • Members of the public • Assistant chief Shela Sub Shela Sub Location location, Total: 66 Malindi Town at • Consultant representative, 25th July 2018 Male 37 Assistant Chief s MAWASCO representatives, village elders Female 29 Of f ice Shela • Members of the public Total 155 The Project designs and Environment and Social Impact Assessment (ESIA) incorporated issues discussed and resolved in the consultative meeting as summarized in Table 7.6 in Chapter 7. MIBP E-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO E.8 PROJECT SENSITIVE RECEPTORS The assessment identified several receptors located within close proximity of 200m to 500m to the proposed water lines that might be affected by Project civil activities at the time of construction. The receptors might suffer damage associated with the Project activities, for instance, if the receptor is a school the impact could be related to Health and Safety of pupils or if the receptor is a market, associated impacts could be disruption of business and demolition of structure. If the receptor is a communal water body, the associated impact could be pollution of the water resource Table E.9 below presents the receptors identified in Malindi Town while Table E.13 on Page E-14 provides appropriate mitigation measures for likely adverse impacts to these receptors. Table E.9: Sensitive Receptors in Malindi Town GPS Nature of the Type of No. of Adjacent coordinates of Name of Receptor Impact Receptor Receptor Pipeline the Receptor S 03013.447’ - Health & Saf ety MZ31 1. Malindi Sub- E 040007.427’ - Noise & Hospital 2 County Hospital S 03013.120’ excessive MY50 2. Tawf iq Hospital E 040006.722’ vibration S 03013.083’ 1. Sir Ali Bin Salim - Health & Saf ety MZ31 E 040007.156’ Primary School - Noise & Schools 2 2. Twaheed Girls excessive S 03012.662’ MY23 secondary vibration E 040006.605’ School - Health & Saf ety S 03013.083’ New Malindi bus - Noise & Bus parks 1 MY32 E 040007.156’ park excessive vibration - Health & Saf ety - Noise & S 03012.984’ Markets 1 MY48 Malindi Main Market excessive E 040007.158’ vibration - Health & Saf ety - Noise & Clustered MY31 and S 03012.897’ excessive 1 Malindi old town Settlement MY32 E 040007.188’ vibration - Social - Noise & S 03013.808’ Mt Kenya University excessive University 1 MZ37 E 040004.390’ Malindi Campus vibration - Noise & Slaughter S 03013.123’ Malindi Slaughter excessive 1 MZ34 House E 040006.561’ House vibration - Noise & S 03010.863’ Malindi International Airport 1 MZ31 excessive E 040004.828’ Airport vibration MIBP E-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO GPS Nature of the Type of No. of Adjacent coordinates of Name of Receptor Impact Receptor Receptor Pipeline the Receptor - Health & Saf ety - Noise & Police S 03012.650’ Malindi Police 1 MZ37 excessive Stations E 040007.015’ Station vibration S 03013.120’ 1. Kubaq - excessive MY31 E 040007.503’ Cemetery vibration Cemetery 2 S 03012.130’ 2. Mtangani MY47 E 040006.582’ Cemetery - Health & Saf ety - Noise & S 03013.230’ Law Court 1 MX38 Malindi Law Courts excessive E 040007.506’ vibration The assessment identified sensitive receptors in Watamu Town that are likely to be impacted by the Project as presented in Table E.10. Table E.10: Sensitive Receptors in Watamu Town Pipeline GPS Type of No. of Adjacent to Name of Nature of the coordinates of Receptor Receptors the Receptor Impact the Receptor Receptor - Health & Saf ety S 03013.230’ Watamu Hospital(s) 1 MZ28 - Noise & E 040007.506’ Dispensary excessive vibration S 03021.020’ 1. Watamu E 040000.753’ Primary - Health & S 03021.021’ 2. Watamu Saf ety School(s) 3 MZ28 E 040000.754’ Special - Noise & S 03018.285’ School excessive E 040000.665’ 3. Gede Primary vibration - Health & Saf ety S 03021.144’ Watamu curio - Noise & Market(s) 1 MY35 E 040001.113’ Market excessive vibration The assessment identified sensitive receptors in Gongoni Centre as presented in Table E.11 below MIBP E-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Table E.11: Sensitive Receptors in Gongoni Centre Pipeline GPS Type of No. of Adjacent Name of the Nature of the Coordinates of Receptor Receptors to the Receptor Impact the Receptor Receptor - Health & Saf ety S 03002.006’ Gongoni health Hospital(s) 1 MY58 - Noise excessive E 040007.938’ Centre vibration 1. Mapimo - Health & Saf ety Primary S 03002.006’ School - Noise excessive E 040007.938’ School(s) 2 MY58 2. Mapimo vibration S 03002.006’ Vocational E 040007.993’ Training institute - Health & Saf ety S 03002.014’ - Noise excessive Markets(s) 1 MY43 Gongoni Market E 040008.206’ vibration - Health & Saf ety S 03001.937’ Krystalline salt - Noise excessive Factory(s) 1 MY43 E 040008.219’ Factory vibration The assessment identified sensitive receptors in Mambrui town as presented in Table E.12 below. Table E.12: Sensitive Receptors in Mambrui Town Pipeline GPS Type of No. of Name of the Adjacent to the coordinates of Nature of the Receptor Receptor Receptor Receptor the Receptor Impact - Health & Saf ety Mambrui Girls S 03006.583’ - Noise School(s) 1 MY45 Secondary E 040009.388’ excessive School vibration - Health & Saf ety Historical S 03007.083’ Mambrui Old 1 MY45 - Noise & site(s) E 040010.800’ Town excessive vibration E.9 PROJECT IMPACTS Assessment of Project Impacts was based on analysis of the Proposed Project Components and existing environmental conditions. The impacts arising during each of the phases of the proposed development namely construction, operation and decommissioning, can be categorized into: Impacts on Biophysical Environment; Health and Safety Impacts and Social-Economic Impacts. MIBP E-12 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO E.9.1 Positive Impacts During Construction Phase The Project is envisaged to have more positive impacts after completion of the civil works and commissioning. A summary of anticipated positive impacts includes: • Employment opportunities during construction, unskilled and mid-skilled level labour will be sourced from the local market. • Provision of ready market for construction materials such as sand, ballast and cement that will be sourced from local market, this will lead to injection of money into the local economy • Technological and knowledge transfer to the local sector, this will be through the artisans employed and trained by the Project. E.9.2 Positive Impacts During Operation Phase The Project shall result in both direct and indirect benefits to the residents of MAWASCO Project (Malindi Town, Watamu, Gede, Mambrui, Gongoni) Area as summarized below: (i) Associated employment opportunities created during rehabilitation and extension of water pipelines, these jobs will be as a result of market for construction materials such as sand, cement and ballast” (ii) Improved affordable, clean, reliable water supply within target towns (Malindi, Gongoni, Mambrui and Watamu) leading to improved health and hygiene (iii) Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes (iv) Improved health and nutrition of people through consumption of treated safe water (v) Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while the girl child can concentrate on education. E.9.3 Negative Impacts and Mitigation Measures During Construction Stage Abstract Asbestos Cement Drinking Water Pipes and Possible Health Risks Asbestos cement pipes have been widely used in many countries for many years, although installation of new asbestos cement water pipes has declined significantly over the past 10 years because of difficulties in handling, public perception and the availability of better materials (HDPE pipes). The health effects resulting from chronic inhalation of asbestos dusts are well established and include asbestosis and mesothelioma, a highly characteristic cancer of the lung. There is a very good qualitative understanding of the effects of inhaled asbestos fibres and the physical characteristics of the fibres are considered to be very important in determining their ability to cause disease. Concern that ingested asbestos fibres could also lead to possible health effects has resulted in this topic having been widely studied by both epidemiology and by studies in laboratory animals. Due to Environmental, Health and Safety concerns associated with handling and disposal of AC and lack of a licensed asbestos disposal site nearby, the AC pipeline will be decommissioned and left in the ground. A detailed Abstract on Asbestos Cement Drinking Water Pipes and Possible Health Risks and handling guidelines is presented in Appendix 3 to this Report. Other Impacts The Construction Stage will involve activities such as; delivery of pipes and associated fittings to the Project site, excavation of trenches, temporary stockpiling of excavated MIBP E-13 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO materials along the trenches, importing materials for pipeline bedding and surrounds (e.g. sand, cement, and concrete), etc. The above activities have the potential of triggering negative environment and social impacts during Project Construction Phase which can be categorized into three settings, namely: Biophysical, Socio Economic and Occupational Health and Safety setting. Table E.13 below provides a summary of identified Impact and possible mitigation measures. Table E.13: Negative Impacts and Proposed Mitigation Measures During Construction Impact Summary of Mitigations Bio-physical Environment Impacts on Vegetation ▪ planting of trees shall be undertaken to Compensate on Resources those cut and or destroyed by the contractor during • The project f ootprint will excavation of water pipeline trenches, through the require minimal clearance support of Kenya Forest Services (KFS), persons living of vegetation along close the pipeline route should be given tree seedlings proposed water pipeline to plant in their f arms routes ▪ Vegetation should only be cleared along the Project • This impact is less corridor and where it will interf ere with Project signif icant because the construction and/or present a hazard. pipelines are proposed to be ▪ The local community should be given a chance to implemented within urban harvest the targeted vegetation if they so wish. centers where vegetation ▪ Areas to be cleared should be agreed and demarcated has been cleared by bef ore the start of the clearing operations to minimize anthropogenic activities exposure. ▪ Stage vegetation clearance is recommend ed so as not to clear the entire corridor all at once. ▪ The use of existing cleared or disturbed areas f or the Contractor’s Camp, stockpiling of materials etc. shall be encouraged. Water Resources • Isolate solid wastes disrupted f rom the works during • Water resources common excavations f or saf e disposal. The wastes would be within project area are collected and disposed in approved sites. shallow wells where • Excavations f or the construction would be carried out in residents get water to consideration to the saf ety of the surf ace drainage. supplement unreliable Control siltation of rivers and other surf ace drains water supplied by • Soils and water contamination shall be minimized if not MAWASCO avoided through the Provision of oil spill containment • The soil structure is including concrete platf orm f or servicing of construction composed of porous coral equipment and holding of scrap oil drums to control rocks; this implies that contamination of soil and water sources. ef f luents could easily • Contain excavated soils so that they will not f ind their inf iltrate into the water way into nearby water sources resources • Spilled cement or concrete would be collected and re • Major concerns will be used or/and disposed away f rom natural water ways or water abstraction, soil storm water drainage; erosion and ef f luent • Sensitize workers and enable them to properly hand le pollutants f rom plant and concrete spillages or waste cement; equipment. Soil resources • The spilled oil f rom f uelling and servicing stations would • Alteration of soil physical be trapped in grit chambers f or settling of suspended properties as well as matter bef ore being release into the environment exposure to erosion agents • Collected oil should be properly disposed to avoid any may result f rom the civil and possible underground water contamination general works within the • To limit exposing soils to agent of erosions, water Project site. pipeline excavations will be limited within set out areas MIBP E-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations • Ef f ects of soil pollution may • Wherever possible, excavations should be carried out also result f rom accidental during the dry season to prevent soil f rom being washed oil spills. away by the rain; • Soils in the Project area are • Excavated materials should be kept at appropriate sites composed of highly porous approved by the Supervising Engineer and re used f or coral weathered soils backf illing. Health and Safety Impact Air Pollution • Contractor will comply with the provisions of EMCA 2015 • Air quality pollution caused (Air Quality Regulations 2014). by emissions f rom • Water sprays shall be used on all earthwork’s areas construction plant and within 200 metres of human settlement especially during equipment which include the dry season. dust and gaseous • The removal of vegetation shall be avoided until such emissions. time as clearance is required and exposed surf aces • Impacts relate to the shall be re-vegetated or stabilised as soon as practically receptors such as schools, possible; health f acilities, market • Do not carry out dust generating activities (excavation, centers and places of handling and transport of soils) during times of strong worship as identif ied in winds. Tables E.10 to E.13 on • Water sprays shall be used on all earthwork’s areas . Pages E.8 to E-9 Water shall be applied when need be to reduce dust emissions caused by vehicle movements or wind • Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; • Vehicle speeds shall be limited to minimize the generation of dust on site. • Proper maintenance of construction vehicles Noise and excessive vibration • Contractor will comply with provisions of EMCA 2015 f rom construction equipment (Noise and Excessive Vibrations Regulations of 2009). and vehicles could pose health • The Contractor will keep noise level within acceptable and saf ety risks to workers and limits (60 Decibels during the day and 35 Decibels community sensitive receptors during the night) and construction activities shall, where identif ied in Tables E.9 to E.12 possible, be conf ined to normal working hours in the on Pages E.11 to E-13 residential areas. • Sensitive receptors, presented in identif ied in Tables E.9 to E.12 on Pages E.11 to E-13 shall be notif ied by the Contractor at least 5 days bef ore construction is due to commence in their vicinity. Occupational health and • A Health and Saf ety Plan (HASP) f or civil works areas safety risks associated with the shall be established to ensure the working hours are Project to workers and controlled and that employees are not allowed to extend community the working hours beyond an acceptable limit f or purposes of gaining extra pay; • Adequate and appropriate Personal Protective Equipment (PPEs) such as gloves, ear gears, sturdy rubber boots and overalls shall be provided Workers to protect their skin f rom the ef f ects of cement; • Provide workers training on saf ety procedures and emergency response such as f ire • Through an approved occupational saf ety and healt h advisor, train workers on proper working and handling of asbestos cement material bef ore commencement of works. Ref er to detailed mitigation guidelines in Appendix 3. Solid waste generation f rom • A site waste management plan will be prepared by the construction activities Contractor prior to commencement of construction works. This should include designation of appropriate MIBP E-15 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations waste storage areas, collection and removal schedule and identif ication of approved disposal site; • Ensure that the solid waste collection, segregation, and disposal system is f unctioning properly at all times during the construction phase; • Recycle and re-use wastes where possible such as scraps metal. • All hazardous waste to be collected and disposed by licensed waste handler Liquid wastes during the • Water containing pollutants such as concrete or chemicals construction phase, various should be directed to a conservancy tank f or removal f rom liquid wastes including grey and the site where applicable black water, concrete washings, • The contractor shall prevent runof f loaded with sediments runof f f rom camp and workshop f rom f lowing into water channels. areas. • No grey water runof f or uncontrolled discharges f rom the site or working areas to adjacent water resources. • The contractor shall ensure that the machines an equipment are in good condition to prevent leakages • Interceptors such as sand can be used to prevent pollutants f rom reaching water resources • Ensure proper handling of lubricants, f uels and solvents while maintaining the equipment Spread of COVID-19. During • The Contractors will develop standard operating construction, it is expected that procedures (SOPs) f or managing the spread of Covid -19 large numbers of construction during project execution and submit them f or approval by workers will interact closely in the Supervision Engineer and the Client, bef ore mobilizing meetings, toolbox talks and at workers to the site(s). The SOPs shall be in line with the work sites. This could present World Bank guidance on COVID-19, Ministry of Healt h an enabling environment f or the Directives and site-specif ic project conditions; COVID-19 virus to spread • Mandatory provision and use of appropriate Personal rapidly if mitigation measures Protective Equipment (PPE) shall be required f or all provided here are not adhered project personnel including workers and visitors; The to and enf orced. Contractor shall ensure that less than 15 workers are present at one location. Whereas in case of two or more Workers assigned a joint assignment, social distancing of at least 2 meters should be maintained. • 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 f or Covid-19; • Install handwashing f acilities with adequate running water and soap, or sanitizing f acilities at entrance to work sites including consultation venues and meetings and ensure that such f acilities are used; • Ensure routine sanitization of shared social f acilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; Social Impacts Spread of COVID-19 amongst • Electronic means of consulting stakeholders and holding community members during meetings, shall be encouraged, whenever f easible. One - consultation processes on-one engagements f or the PAPs while observing social distance and adhering to PPE wearing shall be enf orced; • Avoid concentrating more than 15 community members at one location. Where more than one person is gathered, maintain social distancing of at least 2 meters (6 f eet); • The team carrying out engagements within the communities on one-on-one basis should be provided with MIBP E-16 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations appropriate PPEs f or the number of people and stakeholders they intend to meet. • Use of traditional channels of communications as Televisions, newspaper, radios, dedicated phone-lines, public announcements and mail should be encouraged when stakeholders do not have access to online channels or do not use them f requently. Ensure to allow participants to provide f eedback and suggestions. • Hold meetings in small groups, mainly in f orm 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 inf ormation through digital platf orm (where available) like Facebook, WhatsApp and Chart groups. • Ensure online registration of participants, distribution of consultation materials and share f eedback electronically with participants to avoid physical contact. Project impact to private • The RAP report has been prepared as a separat e property and sources of document and will presented as volume II to this livelihood assessment. Spread of communicable • The contractor at the time of Project implementation will diseases and HIV/AIDS develop appropriate training on potential spread and inf ection awareness materials f or Inf ormation, Education and sensitization of workers during project construction phase. • An intervention strategy compatible with the construction programme shall be developed to address success of the HIV/AIDS prevention and provide peer educators f or sustainability in collaboration with other stakeholders; and • Monitoring of HIV/AIDS preventive activities shall be Integrated as part of the construction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs as well as sexual health and rights Labour Influx to the Project • Ef f ective community engagement and strong grievance area. mechanisms on matters related to labour through Grievance Redress Mechanism (GRM) shall be provided • Ef f ective contractual obligations f or the contractor to adhere to the mitigation of risks against labour inf lux , including sexual exploitation and abuse shall be enforced. • Proper records of labour f orce on site while avoiding child and f orced labour • Fair treatment, non-discrimination and equal opportunity of workers. • Th Contractor to comply with provisions of Labour Relations Act 2012 and Work Place Injuries and Benef its Act (WIBA 2007) and Employment Act Cap 222 of 2007 • The contractor shall comply with the International Labour Organization Standards ratif ied in Kenya which include but not limited to: Prohibition of f orced labour (ILO No 29) and Abolition of forced labour (ILO No 159). • The contractor shall prohibit servitude, f orced and bonded labour, Equal remuneration ILO No 100 and Discrimination (Employment and Occupation) and Freedom of Association and Right to collective Bargaining Convention No 98. MIBP E-17 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations • The contractor shall comply with af f irmative action that it will employ persons and make employment-related decisions without regard to an individual’s race, color, religion, sex, age, creed, ancestry, marital status, sexual orientation, gender identity, disability, medical condition, genetic inf ormation, or any other characteristic protected by law. • The contractor shall ensure compliance with the Kenya’s persons with disabilities PWDs Act. The company will make reasonable accommodations f or qualif ied individuals with known disabilities. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination and access to benef its and training. • The contractor responsibility to provide all employees with a workplace f ree of harassment, intimidation, coercion and retaliation as provided by Kenya’s Employment Act Cap 226 of 2007 • All employees, of f icers and directors are responsible f or conducting themselves so that their actions are not considered sexually harassing, demeaning or intimidating. • Any employee(s) who witness or believe they have been subject to discrimination, harassment, retaliation is encouraged to notif y their supervisor Gender-based violence (GBV) • 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 f ocal 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 specif ic provisions on protection f rom GBV. • The contractor will implement provisions that ensure that GBV at the community level is not triggered by the Project, including: o ef f ective and on-going community engagement and consultation, particularly with women and girls; o review of specif ic project components that are known to heighten GBV risks at the community level, e.g. compensation schemes; employment schemes f or women; etc. • The contractor shall develop a specif ic plan f or mitigating these known risks, e.g. sensitization around gender- equitable approaches to compensation and employment; etc • The contractor will ensure adequate ref erral mechanisms are in place should a case of GBV at the community level is reported related to project implementation • Mainstream Gender Inclusivity in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule and National Gender and Violation of Human Rights, and Equality Commission Act 2011 gender requirement by Contractors • Protecting human risk areas associated with, disadvantaged groups, interf ering with Participation Rights and Labour Rights • To include promotion of human rights, including gender MIBP E-18 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations equality and equity in Employees Code of conduct • Ensure saf e employment f or women, including training f or all staf f on Saf ety Health Code of Conduct, sex- disaggregated latrines, regular consultation with f emale employees and other measure to ensure physical saf ety and dignity of f emale employees • Develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the Project. • All staf f of the contractor must sign, committing themselves towards protecting children, which clearly def ines what is and is not acceptable behavior • Children under the age of 18 years shall not be hired on site as provided by Child Rights Act (Amendment Bill) 2014 • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children to workers home, unless they are at immediate risk of injury or in physical Violation of children rights by danger. contractor and labour f orce on site. • Ref rain f rom physical punishment or discipline of children). • Ref rain f rom hiring children f or domestic or other labor, which is inappropriate given their age, or developmental stage, which interf eres with their time available f or education and recreational activities, or which places them at signif icant risk of injury. • Comply with all relevant local legislation, including labor laws in relation to child labor specif ically provisions of Kenya’s Employment Act Cap 226 of 2007 Part VII on protection of children against exploitation • Prepare and sign code of conduct with specif ic provisions f or the protection against sexual harassment of project staf f by project staff in the workplace. • Develop and implement an SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will f ollow guidance on the World Bank’s Good Practice Note f or 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 f or: o Prevention of SEA: including COCs and ongoing sensitization of staf f on responsibilities related to the COC and consequences of non-compliance; Sexual exploitation and abuse of project-level IEC materials; community members by project o Response to SEA: including survivor-cantered workers and sexual harassment coordinated multi-sectoral ref erral and assistance of project staf f by project staff to complainants according to standard operating procedures; staf f reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including conf idential data management; o Engagement with the community: including development of conf idential community-based complaints mechanisms discrete f rom the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular MIBP E-19 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO Impact Summary of Mitigations community outreach to women and girls about social risks and their PSEA-related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, perf ormance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training f or all project management; management of coordination mechanism f or case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA f ocal points in the project and trained community liaison of f icers. E.9.4 Negative Impacts and Mitigation Measures During Project Operation Period Table E.14 below presents a summary of potential negative impacts likely to be experienced during operation of the project and the proposed mitigation measures. Table E-14: Potential Negative Impacts and Proposed Mitigation Measures During Operation Potential Impact Proposed Mitigation Measures • Arrest and prosecution of encroachers as required by Kilifi County Government by-laws on Way Leaves and Road Risk of Encroachment and Construction of Structures Reserves on the Pipeline Way • MAWASCO to undertake awareness campaigns aimed at Leave preventing encroachment • Regular patrol /inspection on wayleaves • The risk of pipeline bursts is low as the pipeline design, including the selection of pipe material and pipe pressure Risk of Pipeline Bursts classes, has been carried out to minimize this risk. Leading to Water Loss • Risks to be f urther minimized through regular inspection, (Non-Revenue Water) repair and maintenance of the pipeline by the Operator, MAWASCO • Regular inspection by MAWASCO of the pipeline corridor f or Risk of Illegal illegal connections Connections and • Arrest and prosecution of culprits as required by GoK Vandalism of the Pipeline • MAWASCO will undertake awareness campaigns to prevent pipeline vandalism and illegal connection to the water lines E.10 FINDINGS AND CONCLUSIONS The Environmental and Social Impact Assessment (ESIA) undertaken for the Project indicates that the Project will have the following impacts: (i) The Project area is located within Malindi, Watamu Towns, Mambrui and Gongoni Trading Centres, these areas are influenced by anthropogenic activities and no sensitive environment ecosystems were identified along the Proposed Water line routes. Therefore, there will be no direct interaction of the Project activities at the time of construction with the natural sensitive ecosystems. (ii) The Environment and Social impacts will be less significant and can be mitigated as discussed in Chapter 8 of this Report. MIBP E-20 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO The Key provisions of the Environment and Social Impact Assessment Project Report are as follows: (i) The Bid Documents prepared for the Project incorporates the Environment, Social Health and Safety Provisions discussed under Chapter 8 (Environment and Social Impact Assessment and Mitigation Measures). (ii) The Project Contract Document should include provisions for the contractor preparing and implementing site specific Environment and Social Management Plan (EMSP), Appendixes to the EMSP will include: ✓ Health, Hygiene and Safety Plan ✓ Labour Management Plan ✓ Child Protection Strategy ✓ Waste Management Plan ✓ Asbestos handling and disposal plan ✓ Contractors Code of Conduct, including provisions on VAC, SEA, and SH ✓ GBV Action Plan, including: ✓ SEA Prevention and Response Strategy ✓ SH Policy ✓ GBV Prevention and Mitigation Plan ✓ SH Redress Mechanism ✓ HIV/Aid Prevention Strategy (iii) The Project supervising engineer will engage on a fulltime basis environment and social safeguards officers who will be in charge of ensuring compliance of the contractor to environment and social provisions provided by the ESIA and Construction Environment and Social Management Plans (CEMP) prepared by the contractor. The officer will participate in monthly and quarterly meetings and will generate monthly and quarterly environment and social safeguards compliance reports. The contractor should also recruit a community liaison officer who will act as a link between the community and the contractor. (iv) At Project Implementation Stage, the Contractor will report monthly to the Project management team comprising of the Consultant and the Project proponent on how ESHS provisions detailed in this ESIA are being addressed. In addition, as per the requirements 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 dev eloped for every reportable incident to prevent recurrence. (v) At Project completion stage, within the defects liability Period, Coast Water Works Development Agency (CWWDA) shall initiate an Initial Environment and Social Audit and subsequent annual audits for the Project as required by EIA/EA Audit regulation of the year 2003. The audit will develop an Environment and Social Audit Action Plan (ESAAP) that will be used to track Project Environment and Social Compliance during Project operation. MIBP E-21 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for PROJECT REPORT FOR THE PROPOSED WATER Mombasa & 3 other WSPs (Malindi, kilifi, Tavevo) DISTRIBUTION SHORT TERM WORKS FOR MAWASCO The ESIA provides that the RAP report prepared for the Project shall be implemented in line with the provisions of World Bank OP 4.12 on Involuntary Resettlement. The RAP findings are summarized in Table E.15 below. Table E.15: Summary of RAP findings Item Description Affected PAPs 1 Malindi Town 1.1 PAPs who are Women 64 1.2 PAPs who are losing structures 123 1.3 PAPs whose livelihoods are af f ected 133 1.4 PAPs who are tenants 44 1.5 Total number of PAPs 194 2 Watamu Town 2.1 PAPs who are Women 18 2.2 PAPs who are losing structures 8 2.3 PAPs whose livelihoods are af f ected 36 2.4 PAPs who are tenants 18 2.5 Total number of PAPs 46 3 Mambrui Trading Centre No PAPs 4 Gongoni Trading Centre No PAPs Estimated RAP budget as presented by the RAP Report is Ksh 15,001,300. MIBP E-22 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO MAIN REPORT MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 1.0 BACKGROUND INFORMATION 1.1 General Information The Government of Kenya (GoK) and Coast Water Works Development Agency (CWWDA) with support from the International Development Association (IDA) has undertaken to prepare Detailed Designs, ESIA/RAP and Bid Documents for Water Distribution Works for Mombasa and three (3) Water Service Providers (WSPs) under the Water and Sanitation Service improvement Project- Additional Financing (WaSSIP-AF). The 4 WSPs targeted under the assignment cover the Counties of Mombasa, Kilifi and Taita Taveta and include: • Mombasa Water Supply & Sanitation Co. Ltd. (MOWASSCO) • Malindi Water & Sewerage Co. Ltd. (MAWASCO) • Kilifi-Mariakani Water & Sewerage Co. Ltd. (KIMAWASCO) • TAVEVO Water and Sewerage Co. Ltd. (TAVEVO) The Targeted Areas for each WSPs include the following Urban Centres: • MOWASSCO: Mombasa Island, North Mainland, South Mainland and West Mainland • MAWASCO: Malindi and Watamu • KIMAWASCO: Kilifi, Mtwapa, Mariakani, Mazeras and Kaloleni • TAVEVO: Voi, Wundanyi, Mwatate and Taveta Figure 1.1 on Page 1-2 shows the respective Areas of jurisdiction for the 4 WSPs. This Report presents the Environmental & Social Impact Assessment (ESIA) Report for the Proposed Distribution Network Investments for Malindi Water and Sewerage Company Limited (MAWASCO). Stand Alone Environmental & Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) Reports have been prepared for the other 3Nr Water Services Providers (WSP). MIBP 1-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa and REPORT FOR THE PROPOSED WATER DISTRIBUTION 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 1.1: Area of jurisdiction of 4 WSPs in Mombasa, Kilifi and Taita Taveta Counties MIBP 1-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 1.2 Project Background The main existing water sources serving key Towns and Urban Centres in the Coastal Region such as Mombasa, Malindi, Kilifi, Kwale and Voi include: • Baricho Wellfield – Capacity 96,000 m 3/day, serving Mombasa North Mainland and Island, Malindi, Watamu, Kilifi, Mtwapa and en-route population • Mzima Springs – Capacity 35,000 m 3/day, serving Voi, Mombasa West Mainland & Island and en-route population • Marere Springs – Capacity 12,000 m 3/day, serving Kwale, Kinango, Mombasa West & South Mainlands and en-route population • Tiwi Boreholes – Capacity 10,000 m 3/day, serving Ukunda, Tiwi and Mombasa South Mainland. The capacity of the existing sources is inadequate to meet the present water demand in the target service areas. The water scarcity compounded with the high Non-Revenue Water (NRW) results in extreme water shortages in the region leading to increased prevalent poverty levels and health problems especially among the low-income population category. A “Master Plan for Water Supply for the Coast Region” was prepared in 2014 (TAHAL/Bhundia). The Master Plan identified existing and proposed future water sources that can be developed to meet the water supply deficit brought about by the growing population. The Water Supply Sources identified under the Master Plan are as given in Table 1.1 below. Table 1.1: Sources Identified under the Water Supply Master Plan Current Potential Production Water Source Status Capacity (m 3/d) (m 3/d) Mzima Springs Existing 35,000 105,000 Marere Springs Existing 12,000 12,000 Baricho Well Field Existing 96,000 180,000 Tiwi Well Field Existing 10,000 15,000 Njoro Kubwa Springs Existing 3,000 100,000 Msambweni Aquif er Under development - 20,000 Mkurumudzi Dam Existing (f or private use) - 19,000 Mwache Dam At Tendering Stage - 186,600 (Source: Water Supply Master Plan -Tahal/Bhundia 2014) The Water Supply Master Plan (2014) recommends options for the development of the existing and proposed new water sources in four stages: i. Immediate Phase (2015) ii. Phase I (2020) iii. Phase II (2025) iv. Phase III (2035) In the Water Supply Master Plan (2014), the preferred option for the water sources development comprises of: • Mwache Dam (to be completed by 2020) • Second Enhancement of Baricho Scheme (to be completed by 2025) • Mzima II Pipeline (to be completed by 2035) MIBP 1-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO To ensure optimum value is obtained upon Commissioning of these Planned Water Sources, the Master Plan prepared by MIBP/ Nippon (2017) recommended Improvement of the Water Distribution Networks. 1.3 Project Implementing Agency Malindi Water & Sewerage Co. Ltd. (MAWASCO) was incorporated on 24th August 2005 and came into full operation on 1st February 2006. It is one of the Service Providers contracted by Coast Water Works Development Agency under a Service Provision Agreement to provide water and sewerage services in Malindi Sub County. Covering an area of approximately 8,018km 2 with an estimated current population (2018) of 540,170. MAWASCO head offices are located in Malindi behind the Municipal council of Malindi, in addition, there are regional offices in Watamu, Gongoni Matsagoni and Marafa. Only 50 per cent of the population have direct access to piped water. The rest obtain water from kiosks, vendors and illegal connections. Of the existing customers, about 40 per cent receive water on a 24-hour basis. Figure 1.2 on Page 1-5 shows the coverage area for MAWASCO. MIBP 1-4 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa and REPORT FOR THE PROPOSED WATER DISTRIBUTION 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 1.2: Coverage Area of MAWASCO WSP MIBP 1-5 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO 2.0 STUDY AREA DELINEATION AND EXISTING WATER SUPPLY SYSTEM 2.1 Delineation of MAWASCO Area The total area under the jurisdiction of Malindi Water and Sewerage Co. Ltd. (MAWASCO) is approximately 8,018 km² and comprises of Urban Areas, Peri-Urban Areas, Rural Areas and Trading / Market Centres. The Terms of Reference (ToR) of the Assignment specified that the Project Area for the Detailed Design of the Water Distribution Network covers the Urban Centres and the Peri- urban areas only. Delineation of the MAWASCO Area of jurisdiction into Urban and Peri-Urban Areas was detailed in Deliverable D2 of this Assignment and titled “Water Supply and Demand Assessment Report for MAWASCO”. This Report was Submitted in June 2018. A brief description of the Urban Centres, Peri-Urban Areas and Market Centres within the Project Area is given in the following sub-sections. 2.1.1 Urban Centres The current MAWASCO Urban Area consists of two Urban Centres i.e. Malindi and Watamu Towns. These Urban Centres are briefly described below . i. Malindi Town Malindi is the second largest Town in Kenya’s coastal region after Mombasa City. It is located on the Malindi Bay at the mouth of the Galana River, 120km north east of Mombasa. The Town is served by a domestic airport and Mombasa- Lamu highway. Malindi Town lies within Kilifi County and is the largest Urban Centre. By year 2009, the Town had an estimated population of 84,150 persons (National Population and Housing Census, 2009). The main economic activity in Malindi Town is tourism, with several Tourist Hotels, Resorts and other recreational facilities developed in the Town. The main institutions in the town include government institutions (e.g. Ministry of Devolution and National Planning, Kenya National Libraries Services, Child Welfare Society of Kenya, National Hospital Insurance Fund), churches, supermarkets, universities such as University of Nairobi-Malindi Center and Mount Kenya University Malindi Campus, hospitals such as Malindi General Hospital and Aga Khan Hospital, banks etc. ii. Watamu Town Watamu Town is located within Kilifi County at approximately 105 km north of Mombasa City and 15 km south of Malindi Town. The year 2009 population of Watamu Town was estimated at 10,030 (National Population and Housing Census, 2009). Watamu Town lies on a small headland, between the Blue Lagoon and Watamu Bay. Its main economic activities are tourism and fishing. The shoreline in Watamu features white sand beaches and offshore coral formations that are protected as part of the Watamu Marine National Park. The Marine Park is one of the best snorkeling and diving areas on the coast of East Africa. Watamu has several learning institutions, hospitals and government offices (post office, education office etc.). MIBP 2-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Watamu is a town with great significance to the County Government of Kilifi in revenue generation through tourism and its associated commercial activities. 2.1.2 Peri-Urban Areas “Peri-Urban” refers to an area that is on the Urban fringe which has characteristics of both Urban and Rural Areas. Peri-Urban areas are regarded as rural-urban interface or transition zones where urban and rural activities mix. The current MAWASCO Peri-Urban Area consists of the area adjacent to Malindi Town. 2.1.3 Market/Trading centres Trading / Market Centres are Centres that are located away from the Core Urban and Peri-Urban Areas, but which exhibit a level of development and commercial activities similar to Urban Areas e.g. manufacturing, retail businesses, hotels, institutions etc. There are four Market/ Trading centres located within MAWASCO Area of jurisdiction, namely: • Gongoni • Marereni • Mambrui • Ngomeni 2.1.4 Rural Areas The remainder of the MAWASCO Area of jurisdiction after delineation of Urban, Peri- Urban Areas and Market/Trading Centres is classified as Rural. The Rural Category forms the largest part of MAWASCO WSP’s Area of jurisdiction and constitutes approximately 96% of the total coverage area of MAWASCO. 2.2 Existing Water Supply System The Existing Water Supply System for MAWASCO consists of the Bulk Water Supply System and local Storage and Distribution Networks as detailed in the following sub- sections; 2.2.1 Bulk Water Supply System At present, the Bulk Water Supply Source for MAWASCO Urban and Peri-Urban Service Area is Baricho Wellfield. Besides Malindi and Watamu Towns (MAWASCO Service Area), the Wellfield supplies water to Mombasa and Kilifi Towns. In 2016 capacity of the Baricho Wellfield and its potential production were 96,000 m 3/d and 180,000 m 3/d respectively. Figure 2.1 on Page 2-3 shows the schematic diagram of the Existing Bulk Water Supply System serving MAWASCO Area of jurisdiction. 2.2.2 Water Supply to Malindi Town The main source of bulk water supply to Malindi Town is Baricho Wellfield 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 summarized in Table 2.1 on Page 2-3. MIBP 2-2 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO BARICHO GONGONI Current WELLFIELDS Capacity 96,000 m3/d MAMBRUI Pump Station (Bulk Supply) Sabaki Pipeline MALINDI Kisimani Reservoirs (4Nr- Total Capacity: 9,000 m3) Kakuyuni RESERVOIR Reservoirs TO NGUU (1,250 m3) TATA Ganda Reservoirs (3Nr- Total Capacity: 7,750 m3) WATAMU WATAMU RURAL Jimba Reservoirs (1,250 m3) Figure 2.1: Schematic Diagram of Existing Bulk Water Supply System for MAWASCO Table 2.1: Summary of Existing Water Supply System in Malindi Town Bulk Water • Baricho wells at Sabaki River Source Water • Chlorination at Baricho and at Kakuyuni and Ganda reservoirs and new Treatment Ultrasonic station at Watamu Water Pumps • At Baricho and Watamu Booster Station • Rising Main f rom 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 m 3 BPT • 4 No. reservoirs at Kisimani [combined capacity = 9,000m 3] Water • 3 No. Reservoirs at Ganda [combined capacity = 7,750m 3] Storage • 1,250m3 reservoir at Jimba • 2 No. Reservoirs at Kakoneni and Jilore; each capacity 90m 3 Water • 132km of AC, GI, uPVC pipes Distribution MIBP 2-3 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO The estimated total length of the Distribution Network is 132 km and consists mainly of uPVC (45%) and Steel pipes (34%). A break-down of the Distribution Network is as follows: • 26 km of AC pipes ranging from 75 to 200 mm diameter • 1 km of GI pipes ranging from 75 to 100 mm diameter • 1 km of 75 mm HDPE pipes • 45 km of Steel pipes ranging from 75 to 600 mm diameter • 59 km of uPVC pipes ranging from 75 to 400 mm diameter A Layout Plan of the Existing Water Distribution Network in Malindi Town is given in Figure 2.2 on Page 2-6. 2.2.3 Water Supply to Watamu Town The main water supply source to Watamu Town is Baricho Wellfields located approximately 43km away at Sabaki River through Kakuyuni Reservoirs (Storage capacity 1250m³ and elevation 128m amsl), and Ganda Reservoirs (3Nr, Total capacity 7,750m³ and elevation 48m amsl). Jimba Reservoir is located within Watamu (Storage capacity 1,250m³ and elevation 41m amsl) supplies water to Jacaranda Hotel and its environs. The estimated total length of the Distribution Network is 76 km. A break-down of the Distribution Network is as follows: • 23 km of AC pipes ranging from 75 to 200 mm diameter • 7 km of Steel pipes ranging from 100 to 600 mm diameter • 46 km of uPVC pipes ranging from 75 to 355 mm diameter. Details of the existing Water Supply System are summarized in Table 2.2 below. Table 2.2: Summary of Existing Water Supply System in Watamu Town Bulk Water • Baricho wells at Sabaki River Sources • Chlorination at: Water Treatment • Baricho contact tank, capacity 2,000m 3 • Kakuyuni Reservoir, capacity 1,250 m 3 Water Pumps • At Baricho High Lif t Pumping Station • Rising Main f rom Baricho source works is 29.7 km of DN 600 steel pipe to Kakuyuni Reservoir. • Gravity Transmission Mains serving Watamu • DN 600 mm dia. Steel pipe (0.03 km) f rom Kakuyuni Water Mains Reservoir, reducing to DN 355 mm uPVC pipe (12.9 km) • DN 150 mm dia. Steel pipe (1.3 km) f rom Kakuyuni Break Pressure Tank, increasing to DN 200 mm uPVC pipe (9.3 km) • DN 160 mm AC pipe (5.6 km) f rom Ganda Reservoir • Kakuyuni Reservoir, capacity 1,200 m3 • Kakuyuni BPT, capacity 500 m3 Water Storage • 3 No. Reservoirs at Ganda, combined capacity 7,750m3 • Jimba Reservoir, capacity 1,250m3 Water Distribution • 76km of AC, Steel, uPVC pipes MIBP 2-4 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO A Layout Plan of the Existing Water Distribution Network in Watamu Town is given in Figure 2.3 on Page 2-7. The existing water supply is characterized by dilapidated pipes, insufficient Bulk Supply and inequitable distribution of the limited water. In addition, approximately 26.21 km (20%) of the Pipelines within the existing Distribution Network are made of Asbestos Cement (AC) pipes which are considered health hazard. This situation thus, requires urgent intervention so as to mitigate against frequent water bursts and leakages besides potential health hazard posed by AC pipes to the water consumers. In overall, the Existing Water Supply System within MAWASCO’s Area of jurisdiction is characterised by inadequate water supply and limited distribution network. To ensure adequate future water supply, development of additional water supply sources and improvement of the distribution network within the Service Area is necessary as recommended by the Water Supply Master Plan (Tahal/Bhundia 2014). The Immediate Phase (2015) of the Water Supply Master Plan (Tahal/Bhundia 2014) recommended several measures to increase water supply to MAWASCO area of jurisdiction, comprising of: • Increasing Baricho wellfield operational hours to yield approximately 1,500m³/h. This will be conveyed to Malindi by Existing 600mm Diameter Transmission Main • Construction of 2,500m³ capacity Tank at Kakuyuni for increased water storage • Construction of a 300 mm diameter pipe of total length 25 km from Kakuyuni Tank to Gongoni. This was later revised to a 400 mm diameter Ferrous Pipe of total length 37 km in the Lot 3 Works, currently under implementation by CWWDA (Contract Number; CWSB/ WaSSIP-AF/W/1/2014/LOT 3) • Construction of a 1,000m³ Capacity Tank at Gongoni. This was later revised to 2,500m³ capacity Tank in the Lot 3 Works, currently under implementation by CWWDA In Phase 2 (2025), the Water Supply Master Plan (Tahal/Bhundia, 2014) recommends the following measures: • Extension of Baricho Wellfield; through the addition of five radial horizontal collector- type boreholes • Construction of a 600 mm diameter, 47 km long Baricho - Kakuyuni Pipeline 2.3 Existing Sanitation System At present, both Malindi and Watamu Towns have no sewerage system. The use of on- plot sanitation systems such as pit latrines and septic tanks for disposal of effluent is prevalent. The major problem faced is the lack of a proper sludge management system such as a Sludge Handling Facility for the discharge of septage by the exhaust vacuum tankers. Septage from septic tanks is discharged directly to the environment including unrestricted public utility sites such as near the solid waste disposal sites. In situations of suppressed water supply, as experienced in Malindi Town, the use of on- plot sanitation systems though unsustainable environmentally is manageable. With the planned improvement of water supply situation in the Project Towns, the use of on-plot sanitation systems will not suffice and thus health and environmental hazards are bound to occur. Wastewater Master Plans for Malindi and Watamu Towns (MIBP/CES/BOSCH, 2017) proposes several measures for implementation to attain sustainable sanitation systems in the Project Towns. The measures include immediate interventions such as construction of Sludge Handling Facilities as well as long-term plans such as construction of Water- Borne Sanitation System to serve the Towns up to Ultimate Horizon of Year 2040. MIBP 2-5 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa and REPORT FOR THE PROPOSED WATER DISTRIBUTION 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 2.2: Layout Plan of the Existing Water Distribution Network in Malindi Town MIBP 2-6 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa and REPORT FOR THE PROPOSED WATER DISTRIBUTION 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 2.3: Layout Plan of the Existing Water Distribution Network in Watamu Town MIBP 2-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 3.0 PROPOSED WORKS FOR MAWASCO WATER DISTRIBUTION NETWORK 3.1 Planning Horizons Prioritized Distribution Network Investment Plans have been prepared for the Project Area of MAWASCO considering the Planning Horizon years of 2020, 2030 and 2040. Based on these Planning Horizons, an Investment Program with an Implementation Schedule of 3 Phases has been prepared as follows: • Short Term Phase (Immediate Interventions) : 2017 - 2020 • Medium Term Phase : 2021 - 2030 • Long Term Phase : 2031 - 2040 Based on results of the Hydraulic Network Analysis of the Existing Water Distribution Networks described in the previous Chapter, requirements for upgrading of the Water Distribution Networks necessary to distribute the Water Demands up to the Design Horizon year 2040 have been identified and phased for Implementation. However, the ToR for the current assignment covers Short Term Phase (2017 - 2020). Separate ESIAs will be prepared for the Medium Term and Long-Term Phases when ready for implementation. 3.2 Categorization of Proposed Works The works to be carried out have been grouped into 3 categories as follows: • Replacements- This includes gradual replacement of Asbestos Cement (AC) pipelines and any other pipelines which are currently in a dilapidated state. Priority has been given to the pipelines with reported frequent leakages and replacement of 16.317 km of AC pipelines under the Short-Term Phase (2017-2020). Replacement of the remaining AC pipelines will be carried out during the Medium-Term Phase such that by year 2030 all the AC pipelines will have been phased out • Extensions-Some Areas that are currently not served by the existing Distribution Network require extensions to take care of the rising water demands. Under Short Term Phase (2017-2020), priority has been given to the Areas which are already built up but lack Distribution Network. Other Areas with potential for faster developments have been considered in the Medium-Term and Long-Term Phases. • Augmentation -Where the existing Distribution Pipelines have been found to be inadequate, new pipelines have been proposed to augment the existing pipelines. For economic and space considerations, priority has been given to implementing pipelines with capacities adequate to meet the year 2040 water demand with a phased development under the Short-Term, Medium-Term and Long-Term Phases. MIBP 3-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 3.3 Proposed Works Hydraulic Network Modelling results show that the existing Distribution Network is made up of pipes of sizes that are adequate to distribute the Water Demand estimated for year 2016 and will require Augmentation and Extension works for future water demands. A summary of the proposed Network Improvements/Extensions for MAWASCO’s Project area at different Planning Horizons is given in Table 3.1 below. Table 3.1: Summary of Lengths of Proposed Water Distribution Network Works for MAWASCO (km) Short-Term Medium-Term Long-Term Phase (2017- Phase Phase 2020) (2021-2030) (2031-2040) Replacement: 110 - 400 dia (Km) 30 8 - Extension: 110 - 200 dia (Km) 16 21 56 Augmentation: 110 - 500 dia (Km) 10 23 4 TOTAL (Km) 56 52 60 The required Network Improvements / Extensions for MAWASCO’s Service Area with respect to the Planning Horizon (2017 to 2020) under which this ESIA is prepared is detailed in Table 3.2 below. Layout Plans showing the Proposed Water Distribution Network Works for MAWASCO Area under the respective Planning Horizons are given in Figures 3.1 to 3.3 on Pages 3.4 to 3.6 Table 3.2: MAWASCO-Proposed Works for Short Term Phase (2017-2020) Pipe Design Water Mains Length Pipe Diameter Remarks Horizon (Layout Map) (m) Material (mm) Laying of a new Pipeline in MX38 110 669 HDPE Sabaki 90 274 HDPE Laying of a new Pipeline in MY23 110 453 HDPE Shella Laying of a new Pipeline in MY29 160 1099 HDPE Barani Replacement of existing 75 mm MY30 110 330 HDPE Dia. AC line in Shella Replacement of existing 100 mm MY31 110 779 HDPE Dia. AC line in Shella Replacement of existing 75 mm MY32 110 345 HDPE Dia. AC line in Shella 2020 MY33 110 795 HDPE Replacement of existing 75 mm MY34 110 538 HDPE Dia. AC line in Shella 200 780 HDPE Laying of a new Pipeline in MY35 160 1282 HDPE Watamu MY37 200 1108 HDPE Laying of a new Pipeline in FERRO MY38 250 847 Shella US MY43 160 1199 HDPE Laying of a new Pipeline in 200 330 HDPE MY44 Gongoni 110 1273 HDPE Laying of a new Pipeline in MY45 110 5020 HDPE Mambrui MIBP 3-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Pipe Design Water Mains Length Pipe Diameter Remarks Horizon (Layout Map) (m) Material (mm) Replacement of AC Line f rom MY46 200 2228 HDPE Kisimani 200 828 HDPE MY47 110 1596 HDPE Replacement of AC Line in MY48 110 785 HDPE Central MY49 110 312 HDPE Laying of a new Pipeline in MY50 160 525 HDPE Shella Laying of a new Pipeline in MY52 160 10764 HDPE Watamu Laying of a new Pipeline in MY53 110 1527 HDPE Watamu Laying of a new Pipeline in MY54 110 766 HDPE Watamu MY56 160 5706 HDPE Replacement of line in Gede Laying of a new Pipeline in MY57 160 1105 HDPE Watamu FERRO Laying of a new Pipeline in MY58 400 637 US Gongoni 110 766 HDPE Laying of a new Pipeline in MZ19 200 580 HDPE Shella FERRO Laying of a new Pipeline in MZ27 300 1624 US Watamu Laying of a new Pipeline in MZ28 160 1379 HDPE Watamu Replacement of existing 100 mm MZ31 200 1706 HDPE Dia. AC line in Shella Replacement of existing 100 and MZ33 200 1999 HDPE 150 mm Dia. AC line in Barani Replacement of existing 150 mm MZ34 200 766 HDPE Dia. AC line in Shella 200 821 Replacement of existing 75 mm MZ37 160 1478 HDPE Dia. AC line in Sabaki 110 1011 MIBP 3-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 3.1: Layout Plan for the Network Improvements / Extensions for Malindi MIBP 3-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 3.2: Layout Plan for the Network Improvements / Extensions for Watamu MIBP 3-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 3.3: Layout Plan for the Network Improvements / Extensions for Gongoni and Mambrui MIBP 3-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 3.4 Investment Requirements for MAWASCO WSP Area A summary of the Investment Requirements for MAWASCO WSP Area in the Short-Term under which this ESIA is prepared is given in Table 3.3 below. Table 3.3: MAWASCO Investment Requirements for the Short-Term Phase (2017- 2020) Description Amount (Ksh) Amount (USD) 1 Preliminaries & General 209,066,177 2,090,662 2 Primary and Secondary Mains: i) Malindi Town 216,429,914 2,164,299 ii) Gongoni Centre 19,552,765 195,528 iii) Mambrui Centre 24,017,478 240,175 iv) Watamu Town 178,527,628 1,785,276.28 3 Tertiary and Service Mains 181,813,386 1,818,134 4 Consumer Connections 134,533,000 1,345,330 5 Bulk Water Meters 40,464,019 404,640 6 Schedule of Dayworks 2,523,160 25,232 Bills Total Exclusive of VAT (A) 1,006,927,527 10,069,275 Add 10% of (A) f or Contingencies (B) 100,692,753 1,006,928 Bill Total Inclusive of Contingencies (C) 1,107,620,280 11,076,203 Value Added Tax (VAT) - 16% of (C) (D) 177,219,245 1,772,192 GRAND TOTAL [(C) + (D)] 1,284,839,525 12,848,395 Note: 1USD=Kshs.100 MIBP 3-7 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 4.0 APPROACH AND METHODOLOGY 4.1 Screening for Environment and Social Impacts An essential element of the ESIA is Environmental Screening for potential environment and social impacts that are likely to be triggered by infrastructure Projects. Therefore, the ESIAs ensures that designs and investments are environmentally and socially sustainable, consequently commissioning the study to ensure environmental and social findings are integrated into the designs. The screening for environment and social risks adopted a standard screening checklist and guided by WSDP EMSF February 2017 and sample filled screening checklist for Malindi, Gongoni, Mambrui and Watamu is presented as appendix 4 to this report. As guided by WSDP EMSF February 2017, World Bank OP 4.01 and Kenya’ Environment Impact Assessment and Audit regulations of 2006, the project qualifies to be subjected to an Environment Assessment at Project Report level and therefore the reason for commissioning an environment and social impact assessment. 4.2 Objectives of the ESIA Assessment This Environmental & Social Impact Assessment (ESIA) has been conducted in compliance with the Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 2003 established under the Environmental Management and Coordination Act (EMCA) 2015. Water and Sanitation Development Project (WSDP) EMSF and RPF and provisions of the World Bank OP 4.01. The ESIA is expected to achieve the following: • Identify all potential significant environmental and social impacts of the proposed Project and recommend measures for mitigation. • Assess and predict the potential impacts during site preparation, construction and operational and decommissioning phases of phases of the Project. • Guide compliance with project ESMF, WB OP. 4.01 and the national environmental and social regulations. • Generate baseline data for monitoring and evaluating how well the mitigation measures are being implemented during the Project cycle. • Promote stakeholders and public participation. • Design an Environmental and Social Management Plan to avoid, mitigate and where not possible, offset the identified impacts so as to ensure sustainability of the proposed Projects. • Recommend feasible, cost effective and culturally acceptable measures to be implemented to mitigate against the potential negative impacts while ameliorating the positive ones. 4.3 ESIA Methodology The approach to this exercise was structured to cover the requirements under the EMCA, 2015 as well as the EIA regulations as stipulated under the Gazette Notice No. 56 of 13th June 2003 WSDP EMSF February 2017 and World Bank OP 4.01The assessment involved an understanding of the Project background, the Project designs and the implementation plan as well as Project commissioning. In addition, the baseline information was obtained through physical investigation of the site and the surrounding areas, interviews with surrounding community members through local administration MIBP 4-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO and County structures, stakeholder benchmarking, photography and most importantly, discussions with the Client and the Design Team. 4.3.1 Environment and Social Scoping The scoping study covered the physical, biological, socio-economic and cultural environment within the Project proposed areas within MAWASCO target areas of Malindi, Gongoni, Watamu and Mambrui. The scoping study identified significant environmental and social issues associated with the proposed Works as well as sensitive receptors likely to be impacted by the Project Activities. The Scoping Study involved the following activities: 1. Field visit to the Project Sites 2. Literature review of technical reports 3. Review of policies, regulations and baseline data 4. Identification of relevant stakeholders (interested and affected parties), 5. Initial and broad assessment of the Project 6. Determination of geographical coverage 7. Significant impacts (areas of study) and the levels of detail in each impact study. 4.3.2 Desk Review A desk review was conducted prior to the site visits. Documents reviewed include: • Preliminary Environment and Social Impact Assessment (ESIA) for Water Distribution Network for MAWASCO (MIBP/ NIPPON, 2017). • Prioritized Investment Plan Report for Water Distribution Network for MAWASCO (MIBP, 2018). • Kilifi County Integrated Development Plan (CIDP) (2012 to 2017) • National Environmental Acts and Regulations (EMCA 2015 and EIA/EA Regulations 2003) • Applicable World Bank OPs, 4.01 on Environment Assessment, OP 4.12 on Involuntary Resettlement and OP 4.11 on Physical Cultural Resources. • Water and Sanitation Development Project (WSDP) (ESMF) and RPF February 2017. 4.3.3 Field Assessment The physical evaluation of the Project area was carried out with specific focus on the environmental and social issues. The assessment was carried out from 25th June to 28th July 2018. Project impacts on vegetation resources, water resources, soil resources, liquid and solid waste management, health and safety impacts which include noise, excessive vibrations and air pollution. The social issues included; settlement patterns, socio-economic activities, land use, and the presence of traditional/cultural sites in the area, gender-based violence, sexual exploitation and abuse, violence against children and labour influx related im pacts MIBP 4-2 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO On the socio-economic front, structured stakeholder consultation meetings were held in addition to interviews with the stakeholders to capture the views of all the parties affected. Detailed methodology on data collection and field surveys for the above narrated environmental variables is presented in sub sections below. 4.3.3.1 Data collection and Site Surveys Data collection and site surveys started involved visiting stakeholder institutions and making consultations with key community members in all the target locations in the Project area. The main objective of this activity was to carry out on-site field assessments of the expected effects of the planned developments on the physical, biological and socio- economic environment. During these surveys, interviews, observations and the administration of screening checklists was carried out with key informants who inc luded County Government and National Government staff, local leaders and community representatives. Details of each survey are explained in subsequent sections. 4.3.3.2 Flora and Fauna Surveys The assessment of flora and fauna focused on the proposed work sites and their immediate surroundings. These were assessed by means of walks, interviews, and secondary data collection. Walks were undertaken at sites where various construction works have been proposed (along the project route). Interviews were conducted with both locals and key informants. Secondary data was collected through the use of appropriate maps and relevant literature. Other useful information collected included GPS locations, digital still camera records, and data sheets. 4.3.3.3 Socio-Economic Baseline The socio-economic baseline was established principally from secondary data, consultations conducted for ESIA, and observations on-site and areas through which the pipelines pass. 4.3.3.4 Secondary and Primary Data Secondary socio-economic data was obtained from books, reports, journals and other sources such as the CIDP for County Government of Kilifi County, Kenya National Bureau of Statistics Reports, Feasibility study report among others. Primary data was collected from key informants and consultations which included public barazas. 4.3.4 Public Participation 4.3.4.1 Methodology of Stakeholder Consultations This assessment recognizes that consultation is an ongoing process throughout Project implementation phases. Under this Project consultation was undertaken during the ESIA process and will continue during the construction and operational phases of the project. The ESIA team conducted public participation within the project area with an aim of giving the community a platform of expressing their environmental and social concerns in relation to the project. Institutional consultations were conducted with relevant lead agencies and interested parties in relation to the project, these institutions included; • The Local Administration Units headed by Area Chiefs, • Project Affected Persons • Learning Institutions as identified in section 8.4 as sensitive receptors • General Community Members who included the business community and local MIBP 4-3 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO residents • The Local Ward Representative Units headed by Members of County Assembly • The Water and Services Provider (WSP) MAWASCO. • Water Service Board (Coast Water Works Development Agency) • Roads agencies including Kenya National Highways Authority (KeNHA) and Kenya Urban Roads Authority (KURA) The consultations were through a key informant interviews for institutional stakeholders as detailed in table 4-1 below. Public meetings on the other hand were organized through the existing local administration leadership headed by chiefs who were given adequate time to mobilize. More stakeholder consultations will be undertaken at sectorial review of the ESIA prior to issuance of the environment license as well as during project implementations phases of the Project. 4.3.4.2 Institutional Consultations The purpose was to ensure that issues and concerns of all relevant institutions are documented, and appropriate mitigation measures are provided. Table 4.1 below presents a summary of institutions consultations with relevant institutions. Table 4.1: Schedule of Institutional Consultations in MAWASCO Area Date Officer Consulted Institution 17thJuly 2018 Cosmas Kai MAWASCO - Project Of f icer 17thJuly 2018 Vellasco Ndaro MAWASCO – Deputy Commercial Manager. 18thJuly 2018 Omar Abdi Interior – Assistant County Commissioner 18th July 2018 Karisa Maitha Chief - Malindi Location 18thJuly 2018 Ann Nekia Ziro Assistant chief - Musabaha Sub-location 18thJuly 2018 Elisha Karisa MAWASCO- Area Manager Watamu 18thJuly 2018 Benson Kazungu Assistant Chief - Watamu 19thJuly 2018 Nicodemus Mwayele Assistant Chief - Shela 19thJuly 2018 Katana Kambao Senior Chief - Mambrui 19thJuly 2018 Basheikh Hussein Senior chief - Gongoni 19th November 2018 Eng Jared Makori Regional Manager KeNHA Coast Region Furthermore, consultations with the Public and other interested parties were undertaken through public meetings in the target area. Table 4.2 below provides a schedule of Public Meeting held with Project Interested Persons within MAWASCO area. Table 4.2: Schedule of Public Meetings within MAWASCO Area Number of Date of the Meeting Participants Involved participants & Gender Meeting Venue Representation Gongoni • Acting chief Gongoni Sub location, Centre at • Consultant representative, Total: 43 27th July 2018 MAWASCO representatives, Male 23 Chief ’s Of f ice in village elders Female 20 Gongoni • Members of the public Mambrui Total: 46 26th July 2018 • Acting chief Mambrui Sub location, Centre at Male 19 MIBP 4-4 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Chief ’s Of f ice in • Consultant representative, Female 27 Mambrui MAWASCO representatives, village elders • Members of the public Shela Sub Location • Assistant chief Shela Sub location, Malindi Town at • Consultant representative, Total: 66 25th July 2018 MAWASCO representatives, Male 37 Assistant village elders Female 29 Chief s Of f ice • Members of the public Shela 4.3.5 Adverse Environment and Social Impacts Ranking 4.3.5.1 Impact Identification The environment and social impact identification and analysis was done using the Leopold matrix, this method is an environment impact assessment method pioneered in 1971 by an Environment Researcher Called Leopold. The matrix is a grid that is used to identify the interaction between project activities, which are displayed along one axis, and environmental characteristics, which are displayed along the other axis. 4.3.5.2 Impact Rating Variables The impact rating evaluation adopted is summarized three key areas related to the extent of the impact, timing of occurrence of the impact, intensity of the impact and probability of the impact as explained in Table 4.3 below. Table 4.3: Impact Rating Variables Impact Explanation Rating Extent An area of inf luence covered by the impact, if the action produces a much- localized ef f ect within the space, it is considered that the impact is low (1). If , however, the ef f ect does not support a precise location within the project environment, having a pervasive inf luence beyond the project f ootprint, the impact will be at location level (3) or could be Beyond County (5) Timing: Ref ers to the moment of occurrence, the time lag between the onset of action and ef f ect on the appearance of the corresponding f actor. We consider f ive categories according to this time period is zero, up to 1 year (short term), or more than two years, which are called respectively medium term (3), long -term (4), and permanent (5). Intensity Ref ers to the degree of impact on the f actor, in the specif ic area in which it operates, ranked f rom low (1) to high (5). Probability Ref ers to the likelihood of the impact occurring during the project implementation, this is also ranked as Probable (1) to highly probable. 4.3.5.3 Impact Severity The impact severity was determined based the capacity of the receptor to sustain shocks triggered by the impact. In this regard the impact severity could be termed as negligible, low, medium or high as summarized in Table 4.4 below. Table 4.4: Impact Severity Sensitivity Definition (considers duration of the impact, spatial extent, reversibility, and ability of comply with legislation) High Vulnerable receptor (human or ecological) with little or no capacity to absorb proposed changes or minimal opportunities f or mitigation. MIBP 4-5 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Medium Vulnerable receptor (human or ecological) with limited capacity to absorb proposed changes or limited opportunities f or mitigation. Low Vulnerable receptor (human or ecological) with some capacity to absorb proposed changes or moderate opportunities f or mitigation Negligible Vulnerable receptor (human or ecological) with good capacity to absorb proposed changes or and good opportunities f or mitigation As explained by Leopold (1971), for effective impact identification, the environment characteristics are assigned weights used to indicate the severity of environment impacts detailed in Table 4.5 below. Table 4.5: Impact Rating Criteria for Environment and Social Risks Extent Duration Intensity Probability Weighting Severity Mitigation Factor Rating (SR) efficiency (WF) Foot 1 Short term 1 Low 1 Probable 1 Low 1 Low 0- High 0,2 print 19 Site 2 Short to 2 Possible 2 Low to 2 Low to 20- Medium 0,4 (1km medium Medium Medium 39 to High radius) Location 3 Medium 3 Medium 3 Likely 3 medium 3 medium 40- medium 0,6 term 59 Sub 4 Long term 4 Highly 4 Medium 4 Medium 60- Low to 0,8 County likely to high to high 79 medium Beyond 5 Permanent 5 High 5 High 5 High 5 High 80- low 1,0 County 100 4.3.5.4 Approach to Mitigation and Management The ESIA includes a description of the measures envisaged to prevent, reduce and where possible off-set any significant adverse impacts on the environment. The identification of such measures is an iterative process which needs to be undertaken in parallel with the design to aid the incorporation of measures into the design during project development. Early adoption of appropriate mitigation will help reduce significant environmental impacts to a practicable minimum. Where feasible the following hierarchy of mitigation measures has been applied to reduce, where possible, the significance of impacts to acceptable levels: • Mitigation / elimination through design; • Site / technology choice; and • Application of best practice. As part of the ESIA approach, the contractors to be hired by the WSP will develop project specific Environmental and Social Management Plan (ESMP). These plans essentially set the framework for the Environmental and Social Management System for the Project moving forward. The assessment of the significance of impacts and identification of residual impacts has taken into account of any incorporated mitigation measures adopted by the Project and is largely dependent on the extent and duration of change, the number of people or size of the resource affected and their sensitivity to the change. The criteria for determining significance are specific for each environmental and social aspect and are reported within each impact assessment chapter but generally for each impact the magnitude is defined (quantitatively where possible) and the sensitivity of the receptor is defined. MIBP 4-6 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 4.3.5.5 Resettlement Action Plan A Resettlement Action Plan (RAP) has been developed in conjunction with this ESIA to mitigate the economic displacement impacts arising from the Project. The RAP conducted a baseline socio-economic survey, a census survey, and an asset inventory of project affected persons. The RAP presents entitlements and compensation options that form the basis for further negotiations between the project-affected persons and MAWASCO on behalf of Kilifi County Government. MIBP 4-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 5.0 ENVIRONMENT AND SOCIAL SETTING OF THE PROJECT AREA 5.1 Project Location Malindi Sub County 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 10 m above sea level. Malindi Sub-County covers an area of 627 km 2 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 and Watamu areas have a higher population compared to adjacent Peri-Urban and rural areas because of improved infrastructure and availability of employment opportunities. Water supply and sanitation systems are managed by Malindi Water and Sewerage Company Ltd. (MAWASCO). Figure 5.1 on Page 5-2 shows Malindi Sub-County within Kilifi County. MIBP 5-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 5.1: Map of Kilifi County showing Malindi (Source: Google maps) MIBP 5-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 5.2 Physical Environment 5.2.1 Climate Malindi Sub-County, including Malindi Town, is marginally semi-arid with two rainy seasons in a year. The long rains fall between April and July while the short rains occur between October and November. Due to topography and the effects of the monsoon winds, Malindi Town experiences varying annual rainfall of between 900 mm to 1,100 mm. There is a marked decrease in rainfall intensity to the hinterland. It is generally hot and humid in Malindi Town throughout the year. The annual temperature ranges between 21° C and 30° C. The lowest temperature is experienced during the long rainy seasons (April – July). The average relative humidity along the coastal belt is 65% but with a decrease towards the hinterland. 5.2.2 Topography and Geology 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 characterized 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. 5.2.3 Soils Generally, the soils of Malindi represent a wide range of profile characteristics. Differences in e.g. parent material, age or drainage condition have delivered an array of soils from high to low agricultural potential. Some of the characteristics that are generally recognizable are: • Coral rag, that is developed from coral limestone with sand mixtures (reef complex) • Red and yellow sands of the coastal strip (Kilindini formation) • Dark red loamy sands (latosolic soils), mostly covering the soils of the Magarini formation. • Brown clays (Grumosolic soils) covering the soils of the Mto Mkuu formation. • Complex of dark red loamy sands (latosolic soils), dark red brown loams, brownish yellow loamy sand 9with laterite horizon brown clays (grumosolic)and shallow stony soils with rock outcrops. Part of this complex covers the soils of the Mariakani Formation. MIBP 5-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO The soils in the Malindi Sub County differ widely in depth, texture, physical and chemical properties, mainly because of the underlying geology. The soils are poor in fertility, except where indigenous vegetation remains and a layer of fertile loam soil have developed. Malindi is made up of sedimentary rocks of Jurassic to Recent age. The geological structure of sedimentary rocks promotes rapid infiltration and percolation of rainwater to recharge groundwater aquifers. Figure 5.2 below illustrates soil and geological characteristics of Malindi Project Area. Figure 5.2: Soils and Geology of Malindi Project Area 5.2.4 Hydrology There are two main rivers that drain into the coast - river Tana and River Sabaki. River Tana is the longest originating from Mt Kenya into Indian Ocean, a distant of about 850km. It has a catchment area of 132,000 km 2 and discharges an annual average of 4.7 x 109 million m 3 of freshwater and 3.0 million tonnes of sediment into the Indian Ocean with peak discharges during the rainy season from April to June. It enters the ocean at Kipini. About 30 km upstream, River Tana branches and the tributary proceeds to form the Tana delta. MIBP 5-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO The Sabaki River has its origin as Athi river in the central highlands around Nairobi. When joined by Tsavo river in its lower basin the river is known as Galana. The river is known as Sabaki when it drains into the Indian Ocean, a few kilometers north of Malindi Town. The entire Athi – Galana - Sabaki system extends for 390km and drains a catchment area of 70,000 km 2. However, there are no rivers within close proximity to the proposed Water lines within Malindi Project area. This is because the Project is within markets and residential areas in Mambrui, Gongoni, Watamu and Malindi Town. Also, there is no elaborate drainage system therefore runoff water follows the natural drainage system which drains directly into the Indian ocean which is approximately 2km from the Town Centers. 5.3 Biological Environment 5.3.1 Vegetation and Flora Malindi Sub County falls within Kilifi County ’s Agro-Ecological Zone (AEZ). An Agro- Ecological Zone defines areas that have similar characteristics such as annual mean temperatures, vegetation and humidity. These include the following: Coconut-Cassava Zone: This zone has the highest potential for crop production in the county spreading along the coastal uplands and low-level coastal plains. Major farming activities include tree cropping (mango, citrus, cashew nuts, and coconuts), vegetables (chilli, brinjals, okra etc.), food crops (maize, bananas, cowpeas, green grams etc.) and upland rice. Dairy farming also does well in this zone. It has an average precipitation of 1,300mm per annum and mean annual temperature of 24oC. Cashew nut - Cassava Zone: This zone stretches northwards along the coastal plain up to Sokoke Forest. It has an average precipitation of 900mm and mean annual temperature of 24o C. It has agricultural potential with the same crop types as in Coconut-Cassava zone, but with less productivity. Livestock-Millet Zone: The zone is of lower agriculture potential with precipitation of 700 – 900mm. The area is suitable for dry land farming especially drought tolerant crops and livestock ranching. Lowland Ranching: It varies in altitude of 90-300m with mean annual temperature of 270 C and annual precipitation of 350-700mm. Major activities within this zone include ranching and wildlife. Mangrove Swamps Zone: covers only a small portion of Malindi area mainly on the sides of the Mida Creek in Watamu. There are only a few species, which form dense forest. Mainly three different vegetation zones cover the hinterland of Malindi, namely Manilkara-Acacia Savannah, Tropical monsoon forest and the Acacia Euphorbia bush land. MIBP 5-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Figure 5.3: Vegetation of the Project Area 5.3.2 Fauna Human habitation and agricultural activities have also significantly interfered with both terrestrial and aquatic habitats in the Project areas. There is no terrestrial wildlife observed in the Project areas since most land is already developed. However, limited rodents like squirrels, moles and different bird and insect species among others are found in the area. Among the aquatic species present include frogs, fresh water fishes are found naturally in the rivers. Livestock keeping is significant with cattle livestock, goats, sheep, bees, poultry, rabbit and pigs. 5.4 Social Economic Setting 5.4.1 Land Ownership Issues of land ownership cut across the whole of Coast region. Kilifi County is one of the Counties within the Coast regions and Malindi is a Sub County. Land tenure is a major development challenge in the County with more than 60 percent of the residents lacking title deeds. This has led to incidences of landlessness which in turn contributes to high poverty levels in the County. It is estimated that 11.3 % of the households in the county are landless according to the data available in the County Lands offices. Many of these people are squatters on private land. In an effort to address the situation, the Government has put in place several schemes, although the number of people settled in these schemes are below target. This has led to an emergence of informal and unorganized settlements in Malindi. 5.4.2 Educational Facilities There is a high literacy level among the community members, the survey also identified that most of the schools were accessible because they are located along main roads. The enrolment rate for class (1) was at an average of 90% annually with a gender enrolment bias towards boys at 67% compared to girl’s enrolm ent at 33%, this could be an indication that some families are still not keen on educating girls. On average the school population was at 300 to 400 pupils varying from school to school. The Secondary and Primary Schools that were identified include Airport, Takaye, Sir MIBP 5-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Ali,Ganda, Chocha, Mambrui, Gongoni, Marereni, Tawakal, Tawheed, and Burhani. Sir Ali Bin Salim Primary school Tawheed Girls Secondary School Figure 5.4: School Infrastructure 5.4.3 Health Facilities The main health facility is the Malindi General Hospital located in Malindi town. The area also has private health facilities, for example Danrose, Ganda, Catholic Mission, and Meridian which are all privately owned. Malindi General Hospital located within Malindi Town records on average 50 to 100 in patients and out patients on a daily basis. Common ailment include water borne related diseases, snake bites, respiratory complications and maternity. Figure 5.5: Health Infrastructure 5.4.4 Existing Water Supply and Sanitation Systems Existing Water Supply and Distribution Networks are discussed in Section 2.3 of this report. At present, Malindi Town 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 Handling Facility for the discharge of septage by the exhaust vacuum tankers. Thus, septage from septic tanks is discharged directly to the environment including unrestricted public utility sites such as near the solid waste disposal site at Mayungu. 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 improved through the development of additional water resources and expansion of water distribution networks, as planned for Malindi Town, the use of on-plot MIBP 5-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO sanitation systems will not suffice and thus health and environmental hazards are bound 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 sustainable water-borne sanitation system Figure 5.6: Water Infrastructure 5.4.5 Historical Sites and Religion: The Project area is along the Kenya coastline which has a high dominance of Muslim religion; this is traced back to colonial era and the ancient Arab migration to East Africa. However, in villages dominated by local African communities, the prevailing religion is Christianity. The popular historical monument in the Project area is the Gede Ruins located in Watamu town and the Vasco da Gamma Pillar located in Malindi Town. However, no water main will be laid within or near such monuments. Figure 5.7: Religious Facilities (Mosque and Vasco Da Gamma Pillar) 5.4.6 Transport The main access road in the area is the B8 road from Mombasa – Malindi which is well maintained to bitumen standard road. Other numerous class C roads are also available in the area. Other roads are currently under upgrading by Kenya Urban Roads Authority (KURA), an example is the Malindi-Ganda- Tsavo road which intersects the proposed Option 1 Malindi By-Pass, at Ganda shopping Centre. MIBP 5-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Malindi Airport Malindi- Ganda- Tsavo Road Figure 5.8:Transport Infrastructure 5.4.7 Gender Based Violence (Situational Analysis) 1 The Sexual and Gender Based Violence (2017) defines Sexual and gender-based violence (SGBV) as violence inflicted or suffered on the basis of gender differences. This form of violence mostly impacts women who are considered generally vulnerable. The National Crime Research Centre data on SGBV provides a grim image of instances of SGBV. It is indicated in their report that the Centre has so far supported over 21,341 survivors of SGBV, of whom 56% were women, 36% girls, 3% men and 5% boys. A study conducted by Dimovitz, Kirsten on GBV management in Nairobi revealed that male victims of SGBV were a smaller compared to women which ratio stood at 14:86. The study further revealed that medical facilities are not accessible to victims and in most instances are at least 40-90 minutes from near bus stations. Police were also indicated to be a puzzle in the long line of bureaucratic processes and which is compounded by outside of legal services which have their own barriers in seeking services and help. These factors are said to create high attrition rates in access to justice, because survivors do not have the time, resources, or willpower to navigate the system. An organization known as Sauti ya Mwanamke have been on the forefront trying to fight SGBV within the Coastal region. With support from the Peace Initiative Kenya, the group has engaged with coastal region counties resulting into passing of a policy to establish a GBV kitty to support victims and survivors of GBV. Essentially therefore, Counties are seen as a great actor in aiding the fight against SGBV. Despite the existing data on SGBV in Kenya, reporting has been a challenge due to underlying infrastructural impediments and lack of one national SGBV monitoring and evaluation framework that can consistently collate and present data on SGBV for analysis. 1 Statistics provided in this sub section was borrowed from the Policy of Sexual and Gender Based Violence of 2017 MIBP 5-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 6.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 6.1 Introduction Development of Infrastructure Projects is dealt with under several Laws, By-laws, Regulations and Acts of Parliament, as well as Policy Documents and it is not possible to bring all those statutes under one heading. This section is therefore aimed at assessing the existing policies and legislative framework, economic tools and enforcement mechanisms for the management of Infrastructure Projects at different stages. 6.2 Policy Provision The proposed works will be implemented within provisions of various government policies as summarized in Table 6.1 below: Table 6.1: Policy Framework No Policy Applicability 1 Constitution of Article 43 (1) provides that every person has the right – (b) to Kenya (CoK) accessible and adequate housing, to reasonable standards or 2010 sanitation; and, (d) to clean and saf e water in adequate quantities. These provisions cover oblige state organs and bind them to provide not just high quality or clean and saf e water but also adequate quantities to all people that they will serve. Also, the Constitution of Kenya provides f or sound management and sustainable development of all of Kenya’s Projects, both public and private investments. It also calls f or the duty given to the Project proponent to cooperate with State organs and other persons to protect and conserve the environment as mentioned in Part II. 2 Kenya Vision The Kenya Vision 2030 is the current national development blueprint 2030 f or period 2008 to 2030. The vision has three pillars – economic, social and political. It is recognized that Kenya is a water scarce Country but stated (Kenya, 2007: 115) that the Vision f or the water and sanitation sector is “to ensure water and improved sanitation services availability. The Project will directly contribute towards achievement of objectives of vision under the environment and social pillar through provision of the planned Water Distribution Network Investments 3 National The strategy paper recognizes that Kenya is a water scarce Country Climate and of f ers a variety of strategies f or ensuring that the resource is Change utilized in ways that recognize that it is a f inite resource. The paper Response also argues that interventions in the water sector should take a Strategy, participatory approach involving dif ferent water users including gender 2010 groups, socioeconomic groups, planners and policy makers in water resource management (Kenya, 2010: 53). Importantly the ESIA has proposed operation measures to be complied with during Project operation by MAWASCO in order to reduce water loses that are triggered by illegal connections and leakages. 4 National The revised draf t of the National Environmental Policy, dated April Environment 2012, sets out important provisions relating to the management of Policy (NEP) ecosystems and the sustainable use of natural resources. The Project area is ecological zone V and VI. Ecosystems under these zones are sensitive to any activity out of character with the ecosystem. Theref ore, during construction and operation phases of the Project the ESMMP provided in chapter 8 of this assessment should be implemented in order to ensure that the ecosystems are not MIBP 6-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO No Policy Applicability destabilized by the subsequent Project activities especially ef f luent pollution of communal water points that are used by the community as alternative water sources. 5 HIV and AIDS Malindi Town and associated Project towns of Watamu, Gongoni and Policy 2009 Mambrui are tourist towns, such towns normally have a high prevalence of HIV/AIDS triggered by existence of people f rom diverse social backgrounds. The HIV Policy theref ore will be complied with during implementation of the Project; the Contract will incorporate in Bid Document and implement HIV awareness initiatives during construction of the Project. 6 Gender Policy This Policy will be ref erred to during Project implementation especially 2011 during hiring of staf f to be involved in the Project, procuring of suppliers, sub consultants and sub -contractors to the Project 7 The The concept of the SDGs was born at the United Nations Conf erence Sustainable on Sustainable Development, Rio+20, in 2012. The objective was to Development produce a set of universally applicable goals that balances the three Goals (SDGs) dimensions of sustainable development: environmental, social and economic. The Investments will theref ore contribute towards achieving this goal through the proposed Water Distribution Network Project. 8 Policy on The purpose of this policy is to put in place a f ramework to accelerate Gender and implementation of laws, policies and programmes f or prevention and Sexual Based response to SGBV. The overall objective of the policy is to Violence 2017 progressively eliminate sexual and gender-based violence through the development of a preventive, protective, supportive and transf ormative environment 9 Kenya This Policy aims at ensuring that the youth play their role alongside National adults in the development of the Country. The National Youth Policy Youth Policy visualizes a society where youth have an equal opportunity as other 2006 citizens to realize their f ullest potential. Proposed Sanitation Pro ject will provide direct employment to the youth as required by the Policy. 10 The National The Policy is devoted to environmental sanitation and hygiene in Environmental Kenya as a major contribution to the dignity, health, welf are, social Sanitation and well-being and prosperity of all Kenyan residents. The Policy Hygiene recognizes that healthy and hygienic behaviour and practices begin Policy-July with the individual. The implementation of the Policy will greatly 2007 increase the demand f or sanitatio n, hygiene, f ood saf ety, improved housing, use of saf e drinking water, waste management, vector control at the household level and encourage communities to take responsibility f or improving the sanitary conditions of their immediate environment. Implementing the Project will directly contribute to achievement of the Policy 6.3 Kenyan Legislations The proposed works will be implemented within provisions of various Acts of Parliament and Local Legislations as summarized in Table 6.2 below: Table 6.2: Acts of Parliament No Policy Applicability 1 EMCA 2015 The Act provides f or the establishment of a legal and institutional f ramework f or the management of the environment. This is achieved through various regulations. Applicable regulations are; EMCA (Waste Management) Regulations, 2006 Legal Notice No. 121; EMCA (Water Quality) Regulations, 2006 Legal Notice No. 120; EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 Legal Notice No. 61; EMCA (Air Quality Regulations 2014) MIBP 6-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO No Policy Applicability 2 The The regulation provides a f ramework under which Environment and Environmental Social Impact Assessment f or the Project will be prepared, Regulation (Impact 4(1) f urther states that: Assessment and (a)‘‘…no Proponent shall implement a project: likely to have a negative Audit) environmental impact. Regulations, (b) f or which an environmental impact assessment is required under the 2003 Act or these Regulations, unless an environmental impact assessment has been concluded and approved in accordance with these Regulations…’’ The EIA to be carried out on the potential interventions should be carried out in accordance to the regulations. -An initial environmental audit should also be carried out in the f irst year of operation of the schemes. 3 Environmental Regulation 9 of these regulations provides f or water quality monitoring. Management It states that the “Authority in consultation with the relevant lead agency, and Coordination shall maintain water quality monitoring f or sources of domestic water at (Water Quality) least twice every calendar year and such monitoring records shall be in Regulations, the prescribed f orm as set out in the second schedule to these 2006 regulations”. The regulation provides f or the protection of ground and surf ace water resources. It also Provides the water quality standards f or sources of domestic water which shall be complied with by the contractor during project construction and MAWASCO during operations of the water supply system 4 Waste Regulation 4 (1) states that “no person shall dis pose of any waste on a Management public highway, street, road, recreational area or in any place except in Regulations, a designated receptacle”. Regulation 4 (2) f urther states that “a waste 2006 generator shall collect, segregate and dispose such waste in the manner provided f or under these regulations”. The proponent will use provisions of this regulation to ensure that waste is handled, stored, transported and disposed as per this regulation. Provides f or standards f or handling, transportation and disposal of various types of wastes including hazardous wastes. -Requirements to ensure waste minimization or cleaner production, waste segregation, recycling or composting. -Disposal of generated waste including soil, vegetation, boulders; and will be appropriately disposed, the contractor will be required to develop Waste Disposal and Management Plan to be approved by the Resident Engineer -Generation of hazardous wastes such as used oil and oily parts f rom construction machinery, such wastes will be collected by a NEMA licensed waste handler to be recruited by the contractor. 5 Noise and The Contractor will be required to ensure compliance with the above Excessive regulations in order to promote a healthy and saf e working environment Vibration throughout the Construction Phase. This shall include regular inspection Pollution and maintenance of equipment and prohibition of unnecessary hooting (Control) by vehicles. The regulations provide f or a maximum of 60 dcl during the Regulations, day and 35 dcl during the night f or a construction site. 2009 Sensitive receptors have been identif ied under this assess ment under sub section 7.4 such receptors are at a high risk of suf f ering impacts associated with noise and excessive vibrations. -License to emit noise/vibrations in excess of permissible levels to be acquired if necessary. -Sound level limits of 55dB (day) and 35dB (night) to be observed during construction and operations. 6 The These regulations provide a f ramework f or management of plant and Environmental equipment emissions of hydrocarbons on site. The regulations require Management that all plant and equipment on site should be well serviced to MIBP 6-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO No Policy Applicability and Coordination manuf acturers specif ications to avoid air pollution, the regulation also (Air Quality require monitoring of baseline air quality within construction site and Regulations implementation of correction action where the standards are not 2014) complied to. Water spray will be used at all times when working in dry areas to avoid risks associated with dust menace. The regulation provides -Provides f or ambient air quality tolerance limits. -Prohibits air pollution in a manner that exceed specif ied levels. -Provides f or installation of air pollution control systems where pollutants emitted exceed specif ied limits. -Provides f or the control of f ugitive emissions within property boundary. -Provides f or the control of vehicular emissions. -Provides f or prevention of dispersion of visible particulate matter or dust f rom any material being transpo rted. The contractor will comply with these regulations by regulating. -Exhaust emissions f rom construction machinery. -Site clearance and excavation of f oundations. -Transportation and disposal of spoil. 7 Land Act, 2012 It is the substantive law governing land in Kenya and provides legal regime over administration of public and private lands. It also provides f or the acquisition of land f or public benef it. The government has the powers under this Act to acquire land f or p rojects, which are intended to benef it 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 f or compensation of likely assets and sources of livelihood that might be af f ected by the Project 8 Water Act, 2016 The Water Act, 2002 was amended in the year 2016 to align to the Kenyan Constitution 2010. The Act vests the responsibility of developing water and sanitation inf rastructure (sewerage and water supply) in Malindi Project area to Coast Water Works Development Agency (CWWDA) and operations to Kilif i County Government under the autonomous Malindi Water and Sanitation Company (MAWASCO). The Design and ESIA Teams have adequately involved MAWASCO in the preparation the Project. 9 County The proposed Project will be implemented within Malindi Town Project Government Act area. Part II of the Act empowers the County Government to be in No. 17 of 2012 charge of f unction described in Article 186 of the Constitution, (county roads, water and sanitation, health). The Project once complete will be handed to MAWASCO which is owned by Kilif i County Government for operation and maintenance. 10 Physical Section 29 of the said Act empowers the Local Authorities (now county Planning Act governments) to reserve and maintain all land planned f or open spaces, 1996 (286) parks, urban f orests and green belts as well as land assigned f or public social amenities. The Project identif ied will be implemented as provided by Malindi Town Land Use Plan presented as f igure 2.5 on page 2.12 of this assessment. 11 The Urban Areas This Law passed in 2011 provides legal basis f or classif ication of urban and Cities Act areas (City) when the population exceeds 500,000; a municipality when 2011 it exceeds 250,000; and a town when it exceeds 10,000) and requires the city and municipality to f ormulate County Integrated Development Plan (Article 36 of the Act). The Project described in this assessment is within Kilif i County CIDP 2013-2017. 12 Occupational The Act provides Environment Health and Saf ety (EHS) Guidelines Health and which shall be f ollowed by both the Contractor and Supervising MIBP 6-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO No Policy Applicability Saf ety Act Consultant during implementation of the Project to avoid injuries and (OSHA 2007) even loss of lif e to workers and neighbouring community. 13 The Public The Act provides Guidelines to the Contractor on how he shall manage Health Act all wastes (Liquid and Solid Wastes) emanating f rom the Project in a (Cap.242) way not to cause nuisance to the community. This Act, during construction shall be read alongside the Waste Management Regulations of EMCA 2015 f or utmost compliance. 14 HIV and AIDS The object and purpose of this Act is to (a) promote public awareness Prevention and about the causes, modes of transmission, consequences, means of Control Act 2011 prevention and control of HIV and AIDS; (b) extend to every person suspected or known to be inf ected with HIV and AIDS f ull protection of his human rights and civil liberties. The Act provisions will be applied during Project implementation phase where the contractor will be required to create awareness among workers and community at large 15 Sexual Of f ences An Act of Parliament that makes provision about sexual of f ences aims Act 2006 at prevention and the protection of all persons f rom harm f rom unlawf ul sexual acts and f or connected purposes. Section 15, 17 and 18 f ocuses mainly on sexual of f enses on minor (children). 16 Child Rights Act This Act of Parliament makes provision f or parental responsibility, (Amendment Bill) f ostering, adoption, custody, maintenance, guardianship, care and 2014 protection of children. It also makes provision f or the administration of children's institutions, gives ef f ect to the principles of the Convention on the Rights of the Child and the Af rican Charter on the Rights and Welf are of the Child. The contractor under this Project will be required to comply to provisions of the Act during Project implementation 17 Employment Act This Act of Parliament makes provisions f or sexual harassment. It 2007 mandates all employers who employ twenty or more employees to issue a policy statement on sexual harassment and prohibits the worst f orms of child labor 18 Labour Relations An Act of Parliament to consolidate the law relating to trade unions and Act 2012 trade disputes, to provide f or the registration, regulation, management and democratization of trade unions and employers organizations or f ederations, to promote sound labour relations through the protection and promotion of f reedom of association. This act will be applied by labour f orce on site in addressing disputes related to working conditions. 19 National Gender The over-arching goal f or NGEC is to contribute to the reduction of and Equality gender inequalities and the discrimination against all; women, men, Commission Act persons with disabilities, the youth, children, the elderly, minorities and 2011 marginalized communities. This Act will be applied during hiring of workf orce on site 20 Public The Bill is an Act of Parliament that provides a general f ramework for Participation Bill ef f ective public participation and to give ef f ect f or the constitutional of 2016 principles of democracy. The purpose of the act includes promotion of democracy and public participation of the people according to Article 10 of the Constitution, promote community ownership f or public decisions and promote public participation and collaboration in gov ernance processes. Theref ore, adequate consultations were held within Malindi Project area as discussed in Chapter (6) of this report. 21 The National An Act of Parliament to consolidate the law relating to national museums Museums and and heritage; to provide f or the establishment, control, management and Heritage Act development of national museums and the identif ication, protection, 2006 conservation and transmission of the cultural and natural heritage of Kenya; to repeal the Antiquities and Monuments Act (Cap. 215) and the National Museums Act; and f or connected purposes. This act together with world bank policy OP 4.11 on Physical Cultural Resources will be quoted in the event that the project will encounter such materials, chance f ind procedures have also been provided in appendix 2 22 Community Land AN ACT of Parliament to give ef f ect to Article 63 (5) of the Constitution; Act 2016 to provide f or the recognition, protection and registration of community land rights; management and administration of community land; to MIBP 6-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO No Policy Applicability provide f or the role of county governments in relation to unregistered community land and f or connected purposes. However, as indicated, no land acquisition is anticipated, this act will be ref erred to in the event the project will require to hire or lease community land 23 The Factories This Act will be ref erred to regularly together with provisions of OSHA and Other 2005 and Noise and excessive vibration 2009 ref erenced (above) Places of Work (Noise Prevention and Control) Rules, 2005 6.4 World Bank Operational Policies Applicable World Bank Operational Safeguard Polices are listed in Table 6.3 below. Table 6.3: Applicable World Bank Operational Safety Policies Safeguards Policies Provision Relevance to the Project World Bank OP 4.01 on -Provides f or environmental -An Environmental and Social Environmental Assessment assessment (EA) of projects Impact Assessment of the proposed f or Bank f inancing development/rehabilitation of water supply schemes will be to help ensure that they are carried out. environmentally sound and sustainable, and thus to improve decision making World Bank OP 4.12 on The World Bank Involuntary The total number of PAPs in Involuntary Resettlement Resettlement Policy OP 4.12 the Project area are 240. covers direct economic and These PAPS are likely to social impacts that result f rom suf f er economic Bank-assisted investment displacement, and this is projects. because their small-scale business encroaches in the proposed water pipeline easement. World Bank OP 4.11 on Provides f or measures to -No physical cultural Physical Cultural Resources protect cultural heritage f rom resources were identif ied the adverse impacts of within the project areas. However, the ESIA has project activities and support provided chance f ind its preservation; procedures (appendix 2) to be adopted by the contractor during civil works. 6.5 World Bank Group Environmental Health and Safety Guidelines on Water and Sanitation The Environmental, Health, and Safety (EHS) Guidelines are technical reference documents with general and industry- specific examples of Good International Industry Practice. When one or more members of the World Bank Group are involved in a project, these EHS Guidelines are applied as required by their respective policies and standards. These industry sector EHS guidelines are designed to be used together with the General EHS Guidelines document discussed in 5.9 (above), which provides guidance to users on common EHS issues potentially applicable to all industry sectors The EHS Guidelines contain the performance levels and measures that are generally MIBP 6-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO considered to be achievable in new facilities by existing technology at reasonable costs. Application of the EHS Guidelines to existing facilities may involve the establishment of site -specific targets, with an appropriate timetable for achieving them. Relevance to the Project The EHS Guidelines for Water and Sanitation include information relevant to the operation and maintenance of: (i) Potable water treatment and distribution systems (ii) Collection of sewage in centralized systems or decentralized systems and treatment of collected sewage at centralized facilities. The above discussed Guidelines/ Instruments, present Environmental Health issues concerned with Water Distribution and the necessary requirement to assure adequate capacity to supply the water demand. The most significant environmental issues associated with operation of water distribution systems include: Water system leaks, loss of pressure and Water discharges. The Project design has ensured mitigation of these environmental risks. MIBP 6-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 7.0 STAKEHOLDER AND PUBLIC PARTICIPATION 7.1 Objectives of Stakeholder Participation Stakeholder consultation is generally useful for gathering environmental data, understanding likely impacts, determining community and individual preferences and designing viable and sustainable mitigation and compensation plans. Stakeholder consultation in the Environment and Social Impact Assessment (ESIA) process is undertaken during the design, implementation and initial operation stages of the Project. The aim is to disseminate information to interested and affected parties (stakeholders), solicit their views and consult on sensitive issues. The specific aims of the Public Consultation and Participation process during the ESIA at the design stage include: • To inform the local people, leaders and other stakeholders about the proposed Water Distribution Project and its objectives • Obtain the main concerns and perception of the community and their representatives regarding the Project • To promote Project ownership by the operator and beneficiaries in order to minimize conflicts • Obtain opinions and suggestions from the directly affected persons on the Project impacts and best suited measures to mitigate them. • Obtain opinions and suggestions on the Project concept, designs, etc. and therefore minimize conflicts and delays in implementation • To facilitate the development of appropriate and acceptable entitlements options • To increase long term Project sustainability and ownership • To reduce problems of institutional coordination, especially at the different Government levels. 7.2 Legal and Policy Provisions for Stakeholder Participation Stakeholder and public participation are guided by various legal and policy framework documents. For the proposed MAWASCO Water distribution Network Project, public consultation activities conform to both National and International Legal Instruments as described in Table 7.1 below. Table 7.1: Legal and Policy Provisions for Public Participation Level Statutes National Kenya Constitution 2010 Articles 10(2), 35, 69(1), 118, 174(c), 184(1)(c ), (Kenya) 196, 201(a), 232(1)d Public Participation Bill 2016 The Environmental Management and Coordination Act (EMCA), 2015 and subsequent regulations of Environment Impact Assessment and Audit Regulation of 2003 International World Bank Operation Policy of Environment Assessment MIBP 7-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO (a) Kenyan Constitution 2010 Table 7.2 below provides in detail, Sections of the Kenya Constitution which require public participation in governance. Table 7.2: Kenya Constitution Provision for Stakeholder and Public Participation Article Public Participation Provision Article 10(2) Provides national values and principles of governance in this Article bind all State organs, State of f icers, public of f icers and all persons whenever any of them whenever they (c) makes or implements public policy decisions. The national values and principles of governance as provided in the constitution include; patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people and sustainable development. Article (35) Provides f or Access to information, the articles indicate that every citizen has the right of access to inf ormation held by the State; an inf ormation held by another person and required f or the exercise or protection of any right or f undamental f reedom. The same article provides that the State shall publish and publicize any important inf ormation af f ecting the nation. Articles 174(c) States objectives of devolutions, among them is that devolution gives powers of self -governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions af f ecting them and to recognize the right of communities to manage their own af f airs and to f urther their development Article 184 Exclusive on urban areas and Cities, the article provides that National legislation shall provide f or the governance and management of urban areas and cities and shall, among other provisions provide f or participati on by residents in the governance of urban areas and cities. Article 201(a) Provides Principles of public f inance which require openness and accountability, including public participation in f inancial matters; Article 232(1) Provides values and principles of public service include among others involvement of the people in the process of policy making; Kenya’s Environmental Impact Assessment / Audit Regulations of 2003 require that in the process of conducting Scoping, Environmental and Social Impact Assessment (ESIA), the proponent (in this case Coast Water Works Development Agency CWWDA) shall in consultation with the National Environment Management Authority (NEMA); seek the views of persons who may be affected by the Project. 7.3 Stakeholder Mapping This was done to ensure that all the stakeholders likely to be affected or influenced by the Project were identified and involved in ESIA detailed study. Table 7.3 below presents details of stakeholders who were engaged in the ESIA process. MIBP 7-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 7.3: Stakeholder Inventory for MAWASCO Area Institution Stakeholder • Representative of Malindi Water and Sewerage Company Kilif i County (MAWASCO) Government • Lands and Physical Planning Department • Public Health Of f icer • Deputy County Commissioner Malindi and Magarini Sub Counties National Government • Local Administration (Chief s and Village Elders) • National Environment Management Authority (NEMA) • Education and Health Institution as indentif ed in table 8.4 as Institutions sensitive receptors • Project Af f ected Persons (PAPs) including Land owners in Malindi, Watamu, Gongoni and Mambrui • Landlords and tenants of Malindi, Watamu, Gongoni and Mambrui Other Interested Parties • Business Community of Malindi, Watamu, Gongoni and Mambrui • Traders within Malindi, Watamu, Gongoni and Mambrui Hotel owners 7.4 Stakeholder Participation Process Therefore, to comply with the above discussed statues, consultations were done with relevant stakeholders within the Project area during preparation of the ESIA Project Report, Table 7.4 below provides schedule of dates and institutions consulted. Table 7.4: Schedule of Institutional Meetings Date Officer Consulted Institution 17th July 2018 Cosmas Kai MAWASCO - Project Of f icer 17th July 2018 Vellasco Ndaro MAWASCO – Deputy Commercial Manager. 18th July 2018 Omar Abdi Interior – Assistant County Commissioner 18th July 2018 Karisa Maitha Chief - Malindi Location 18th July 2018 Ann Nekia Ziro Assistant chief - Musabaha Sub-location 18th July 2018 Elisha Karisa MAWASCO- Area Manager Watamu 18thJuly 2018 Benson Kazungu Assistant Chief - Watamu 19thJuly 2018 Nicodemus Mwayele Assistant Chief - Shela 19thJuly 2018 Katana Kambao Senior Chief - Mambrui 19thJuly 2018 Basheikh Hussein Senior chief - Gongoni 19th November 2018 Eng Jared Makori Regional Manager KeNHA Coast Region More consultations were done with the Public and other interested parties through Public Meetings in the target area. Table 7.5 on Page 7-4 provides a schedule of Public Meeting held with Project Interested Persons. MIBP 7-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 7.5: Schedule of Public Meetings Number of Date of the Meeting participants and Participants Involved Meeting Venue Gender Representation • Acting chief Gongoni Sub Gongoni location, Total: 43 27th July Centre at • Consultant representative, Male 23 2018 chief ’s of fice in • MAWASCO representatives, Female 20 Gongoni • Village Elders • Members of the public • Acting chief Mambrui Sub Mambrui location, Total: 46 26th July Centre at • Consultant representative, Male 19 2018 Chief ’s Of f ice • MAWASCO representatives, Female 27 in Mambrui • Village Elders • Members of the public Shela Sub • Assistant chief Shela Sub Location location, Total: 66 25th July Malindi Town • Consultant representative, Male 37 2018 at Assistant • MAWASCO representatives, Female 29 Chief s Of f ice • Village Elders Shela • Members of the public Summaries of the issues discussed, and outcomes of the Consultative Meetings are given in Table 7.6 below. Table 7.6: Summary of Issues discussed and Response Key Issues Concerns Response Malindi Town • loss income during the Project The gathering was inf ormed implementation phase as a result of that a separate assessment business structures destruction ref erred to RAP will be • They requested to be allowed to prepared, any person whose Closure of business work when the construction was business has encroached and loss of livelihood going on and that they would not into the pipeline easement interf ere with the works. will be appropriately • A section requested to be f acilitated compensated through cash f or the number of days that they would be disrupted. • This issue came up when the They were inf ormed that the business people with sheds raised Project is guided by World an alarm that they f eared being Bank Policy OP 4.12 and chased away f rom their space Kenyan Constitution. Thes e when the project commences. policies saf eguard interests Fear of space loss • They requested that the county of people and that no one will Government should allow them to loss business space continue trading in the areas as they were complying with all the required f ees. The gathering was inf ormed • The concern was that during that the EIA has provided f or Air and noise construction, dust and noise appropriate mitigation pollution during including vibrations are common measures which will address construction and this might af f ected business concerns related to noise and dust, f or instance the MIBP 7-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Key Issues Concerns Response contractor will be required to regularly suppress dust through water spray. Watamu Town • Stakeholders indicated that The meeting was inf ormed Watamu town is a tourist town to that the project will be visit historical sites like the Gede implemented by a competent ruins and that they are supporting contractor and a supervising Tourist town the Project, however, no open engineering who will be hired trenches and uncompleted project by CWWDA, theref ore no ref erred as “white elephants” will be cases of abandoned projects tolerated. are envisaged The response to this was that the EIA has provided • The concern was that a number of mitigation measures such as accidents associated with previous recruitment of health and Health and saf ety contractors have been reported in saf ety of f icers through the concerns during civil the towns bef ore, so the community contract period by the works wanted to be inf ormed about contractor among other mechanism that will be put in place measure. The health and to mitigate against such saf ety personnel will ensure Health and Saf ety Plans are appropriately implemented. The residents were inf ormed • The concern was associated with that yes plans are underway the f act that the towns has no and that through WaSSIP , sewer system and that residents Waste Water Masterplan f or Waste Management depend on pit latrines and septic Watamu Towns and other Plans f or Watamu tanks. The community members coastal towns has been Town wanted to know if plans are also prepared, the next step is underway f or waste waste water implementation which will be management done once f unds are secured Mambrui Centre • The residents emphasized that The response was that no Mambrui Centre is an old Arab persons will be impacted Centre and that the project is since a preliminary transect important since the town has been walk along the water pipeline Old Town experiencing perineal water routes established that shortage. They wanted to know routes are f ree f rom whether people along the roads encroachment and water pipeline will be impacted They were inf ormed that • Residents wanted to know water connections will be Modalities of modalities of getting a water spearheaded by the local connection connection once the project is of f ice of MAWASCO af ter complete commissioning The project will be implemented under the provisions of this EIA, the EIA has proposed measures that • Social evils like drugs and alcohol, will be adopted by the Discipline among the school drop outs were some of the contractor in order to mitigate villagers and the f ears raised by the residents. against Gender Based contractor These would normally occur due to Violence, Sexual the cash f low that will come in. harassment, HIV Aids spread and child protection provisions. MIBP 7-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Key Issues Concerns Response Gongoni Centre The project will be implemented under the provisions of this EIA, the EIA Residents complained that the Centre has proposed measures that Salt Trucks and is dominated by salt transporting trucks, will be adopted by the related impact to the these situations has resulted to social contractor in order to mitigate Project (Social Evils) evils caused by divers of the trucks against Gender Based Violence, Sexual harassment, HIV Aids spread and child protection provisions The response to this was that the EIA has provided mitigation measures such as Residents complained that the Centre recruitment of health and is dominated by salt transporting trucks, saf ety of f icers through the Salt Trucks and these situations could increase risks contract period by the related impact to the associated with accidents involving salt contractor among other Project (accidents) trucks and contractor’s plant and measure. The health and equipment saf ety personnel will ensure Health and Saf ety Plans are appropriately implemented. MIBP 7-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 8.0 ENVIRONMENTAL AND SOCIAL IMPACTS ASSESSMENT AND MITIGATION MEASURES 8.1 Introduction This ESIA assessment has been systematically conducted to determine whether the proposed Project will have an adverse impact on the environment. The Environmental Management and Co- ordination Act (EMCA) No.8 of 2015 provide the legal and statutory guideline for the Environment and Social Impact Assessment process in Kenya. Also, the World Bank OP 4.01 on environment assessment provides guidelines of assessing environment and social risk for World Bank funded Projects and the World Bank’s Good Practice Note (2018) for addressing Gender-based Violence in Investment Project Financing involving major civil works. The impacts in this Chapter have been generated based on the analysis of the proposed environment in relation to the proposed project. The impacts arising during each of the phases of the proposed development namely construction, operation and decommissioning, can be categorized into: • Impacts on biophysical environment; • Health and safety impacts • Social-economic impacts including related to Sexual Exploitation and Abuse 8.2 Definition and Classification of Environment Impact An environmental impact is any change to the existing condition of the environment caused by human activity or an external influence. Impacts may be: • Positive (beneficial) or negative (adverse); • Direct or indirect, long-term or short-term in duration, and wide-spread or local in the extent of their effect. Impacts are termed cumulative when they add incrementally to existing impacts. In the case of the project, potential environmental impacts would arise during the construction and the operations phases of the Project and at both stages positive and negative impacts would occur. 8.3 Positive Impacts during Construction Phase The construction Phase normally includes Pre-Construction Phase and Construction Phase. Construction period depends on the nature of the Project activities and normally varies from one year to three years. The positive impacts are summarized below: • Employment opportunities during construction, unskilled and mid-skilled level labour will be sourced from the local market. This will include employment opportunities f or women • Provision of ready market for construction materials such as sand, ballast and cement that will be sourced from local market, this will lead to injection of money into the local economy • The Project will be associated with technological and knowledge transfer to the local sector, this will be through the artisans who will be employed and trained by the Project. MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 8.4 Sensitive Receptors Likely to be impacted The assessment identified several sensitive receptors located within close proximity of 200m to 500m to the proposed water lines that might be affected by Project civil activities at the time of construction. The receptors might suffer damage associated with the Project activities, for instance, if the receptor is a school the impact could be related to Health and Safety of pupils or if the receptor is a market associated impacts could be disruption of business and demolition of structure. If the receptor is a communal water body, the associated impact could be pollution of the water resource. Likely impacts that the Project can pose to the receptors are summarized below. Health and Safety risks associated with accidents involving contractor’s equipment and plant, open excavations and destroyed access culverts can also pose risk to students, patients, worshipers and general public. In case of hospitals and health centers, open trenches can restrict movement of ambulances, fire engines movement can also be restricted in times of emergencies Dust pollution triggered by movement of plant and equipment on dusty roads pose health risks (respiratory illness) Noise and excessive vibrations beyond 60 decibels during the day pose health risk (ear related illness) Destruction of existing public utilities especially domestic water pipeline, this situation would trigger grievances from the users or contamination of the water. 8.4.1 Sensitive Receptors in Malindi Town Table 8.1 below presents the receptors identified in Malindi Town. Table 8.1: Sensitive Receptors in Malindi Town Type of Number of Adjacent GPS coordinates Name of Receptor Receptor Receptor Pipeline of the Receptor S 03013.447’ MZ31 1. Malindi Sub- E 040007.427’ Hospital 2 County Hospital S 03013.120’ MY50 2. Tawf iq Hospital E 040006.722’ S 03013.083’ 1. Sir Ali Bin Salim MZ31 E 040007.156’ Primary School Schools 2 S 03012.662’ 2. Tawheed Girls MY23 E 040006.605’ secondary School S 03013.083’ Bus parks 1 MY32 New Malindi bus park E 040007.156’ S 03012.984’ Markets 1 MY48 Malindi Main Market E 040007.158’ Clustered MY31 and S 03012.897’ 1 Malindi old town Settlement MY32 E 040007.188’ S 03013.808’ Mt Kenya University University 1 MZ37 E 040004.390’ Malindi Campus Slaughter S 03013.123’ 1 MZ34 Malindi Slaughter House House E 040006.561’ S 03010.863’ Malindi international Airport 1 MZ31 E 040004.828’ airport MIBP 8-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Type of Number of Adjacent GPS coordinates Name of Receptor Receptor Receptor Pipeline of the Receptor Police S 03012.650’ 1 MZ37 Malindi Police Station Stations E 040007.015’ S 03013.120’ MY31 E 040007.503’ 1. Kubaq Cemetery Cemetery 2 S 03012.130’ 2. Mtangani Cemetery MY47 E 040006.582’ S 03013.230’ Law Court 1 MX38 Malindi Law Courts E 040007.506’ Malindi Sub County Hospital Tawf iq Hospital Malindi Sir Ali Bin Salim Primary school Tawheed Girls Secondary School Figure 8.1: Sensitive Receptors in Malindi Town 8.4.2 Sensitive Receptors in Watamu Town The assessment identified sensitive receptors in Watamu Town that are likely to be impacted by the Project as presented in Table 8.2 below. Table 8.2: Sensitive Receptors in Watamu Town Type of Number of Pipeline Adjacent GPS coordinates Name of Receptor Receptor Receptors to the Receptor of the Receptor S 03 13.230’ 0 Hospital(s) 1 MZ28 Watamu Dispensary E 040 007.506’ S 03 021.020’ E 040 000.753’ 1. Watamu Primary S 03 021.021’ 2. Watamu Special School(s) 3 MZ28 E 040 000.754’ School S 03 018.285’ 3. Gede Primary E 040 000.665’ S 03 021.144’ Market(s) 1 MY35 Watamu curio Market E 040 001.113’ MIBP 8-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Watamu Dispensary Gede Primary School Figure 8.2: Sensitive Receptors in Watamu Town 8.4.3 Sensitive Receptors in Gongoni Centre The assessment identified sensitive receptors in Gongoni Centre as presented in Table 8.3 below. Table 8.3: Sensitive Receptors in Gongoni Centre Pipeline Type of Number of GPS coordinates Adjacent to Name of the Receptor Receptor Receptors of the Receptor the Receptor S 03002.006’ Hospital(s) 1 MY58 Gongoni health Centre E 040007.938’ S 03002.006’ 1. Mapimo Primary E 040007.938’ School School(s) 2 MY58 S 03002.006’ 2. Mapimo Vocational E 040007.993’ Training institute S 03002.014’ Markets(s) 1 MY43 Gongoni Market E 040008.206’ S 03001.937’ Factory(s) 1 MY43 Krystalline salt Factory E 040008.219’ Krystalline salt f actory Mapimo Primary School Figure 8.3: Receptors in Gongoni Centre 8.4.4 Sensitive Receptors in Mambrui Centre The assessment identified sensitive receptors in Mambrui town as presented in Table 8.4 below. MIBP 8-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 8.4: Sensitive Receptors in Mambrui Town Pipeline Type of Number of GPS coordinates Adjacent to Name of the Receptor Receptor Receptor of the Receptor the Receptor S 03006.583’ Mambrui Girls Secondary School(s) 1 MY45 E 040009.388’ School Historical S 03007.083’ 1 MY45 Mambrui Old Centre site(s) E 040010.800’ 8.5 Negative Impacts during Construction Phase The following negative impacts are associated with the Construction Phase of the Project: MIBP 8-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 8.5.1 Impacts on Vegetation Resources Anthropogenic activities have cleared vegetation cover within the Project area to provide space for construction of residential and commercial structures. Therefore, impact to vegetation cover within the Project alignment will be minimal. However, the assessment identified that construction activities lead to clearance of vegetation and consequently disruption of soil structure within the Project corridor. The lose soils eventually are washed down into the surface drainage channels and communal water points resulting to increased sedimentation. Figure 8.4 below illustrates nature of vegetation cover along some of the existing water lines while Table 8.5 presents the Impacts on vegetation Cover. An air valve chamber on the proposed pipeline for replacement near Ganda reservoirs tanks and exposed section of asbestos cement pipeline that has been proposed to be replaced. Figure 8.4: Vegetation Cover on Proposed Alignments Table 8.5: Project Impacts on Vegetation Cover Impact Clearing of vegetation cover along the Water pipeline Mitigation Sources identified for the Project Efficiency • Clearing of vegetation cover exposes soils to agents of soil erosion such as wind and runof f , this could lead to soil Nature of degradation. High impact • Triggers sedimentation in nearby drainage channels for storm water and sedimentation of communal water points, could also lead to f looding. Reversibility of Permanent vegetation clearance along the Project corridor f ootprint and impact replanting of vegetation that is not within the Pipeline corridor Af f ected Flora and fauna along the proposed Water pipeline routes areas Extent Site – 2 Intensity Medium-3 Magnitude Duration Short to medium-2 Probability Likely-3 (Extent+ Intensity +Duration + Low to Signif icance Weighting Probability) x WF (2+3+2+3) x3= 30 (Low- Medium Medium) MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Mitigation Measures The following is proposed to mitigate against soil erosion and its effects and enhance vegetation cover: • Compensatory planting of trees2 that will be cut by the contractor during excavation of water pipeline trenches. This will be achieved through a tree planning program to be initiated under the works contractor. This program will be undertaken by the Contractor in liaison with Kenya Forest Services Coastal Region. A budget of Ksh 200,000 is provided for purchase of seedlings and care to the trees. This budget is included in the Ksh 1.8 million cost of implementing the ESMP included in this Report. • Vegetation shall only be cleared along the Project corridor and where it will interfere with Project construction and/or present a hazard. • The local community should be given a chance to harvest the targeted vegetation if they so wish. • Areas to be cleared shall be agreed and demarcated before the start of the clearing operations to minimize exposure. • Also, stage vegetation clearance shall be adhered so as not to clear the entire corridor all at once. • The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc. shall be encouraged. 8.5.2 Impacts of Water Resources The Project excavation activities will trigger limited discharge of silt into storm water channels, seasonal streams and shallow wells dug by households for domestic water supply. In addition, plant and equipment on site during excavations has the potential of discharging oil residuals into the same resources, also accumulated solid wastes from work areas could be washed down into the same resources as indicated in Table 8.6 on Page 8-7. Table 8.6: Project Impacts to Water Resource Rating • Discharge of silt and oils into storm water channels and water bodies leading to pollution • Erosion of soils that are washed of f into water sources Mitigation Impact Sources • Discharge of oil spills into water bodies Efficiency • Washing of f of solid wastes f rom project sites into drains and water sources • Could lead to contamination of aquif ers and underground water sources Nature of impact Medium • Could lead destruction of aquatic ecosystem downstream within the natural water springs Reversibility of impact Yes Af f ected Fauna and f lora, rivers and streams stakeholders /areas Extent location– 3 Intensity Medium-3 Magnitude Duration Medium-3 Probability Likely-3 (Extent+ Intensity +Duration + Low to Signif icance Weighting Probability) x WF (3+3+3+3) x3= Medium 36(Low to Medium) 2 Popular coastal trees in the area are Baobab tree, Neem tree, palm trees and coconut trees. MIBP 8-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 8.5.2.1 Water Resources Pollution The mitigation measures summarized below will be adhered during Project construction in order to minimize and eliminate pollution of any Water Resources including aquifers. Mitigation Measures • The Contractor shall provide proper containment of grey water runoff or uncontrolled discharges from working areas (including wash down areas) to prevent draining into adjacent storm water channels without pre-treatment. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site where applicable • The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to storm water channels and any surface water bodies; • Works that are likely to generate silt-laden runoff especially excavations will be undertaken preferentially during the drier months of the year; November to April; • Site compounds and stockpiles will be located away from water channels, the drainage system will be developed to prevent silt-laden runoff from entering surface water drains • Debris and other material will be prevented from entering watercourses; Construction sites (such as settlement lagoons or other temporary attenuation) to be used during construction if necessary; Diversion of minor watercourses will be carefully managed to prevent suspension of silt (or contamination by other pollutants); and • Discharges to watercourses and water bodies will only be carried out under consent of the relevant governing bodies such as NEMA and other relevant authorities. 8.5.2.2 Siltation and Sedimentation The Project activities associated with excavation of Water Lines trenches will not significantly disturb the soil structure along the Project corridor. However, soil erosion will be triggered which leads to siltation and sedimentation of existing storm water channels. This impact will be significant during the dry season when water levels in the river are low. The shallow wells are an important resource for the communities along the proposed project corridor as supply from MAWASCO is not reliable. Mitigation Measures • Debris and other material will be prevented from entering storm water channels Construction Sustainable drainage system (such as settlement lagoons or other temporary attenuation) to be used during construction if necessary; Diversion of minor watercourses will be carefully managed to prevent suspension of silt (or contamination by other pollutants); • Sand/silt traps should be used so as to prevent silt and any other sediments from getting into Water channels • Site compounds and stockpiles will be located away from shallow wells and water channels. 8.5.3 Impacts on Soil Resources The geology of ground surface in Malindi Town is characterized by coral rag that is developed from coral limestone with sand mixtures (reef complex) of sedimentary early age. Therefore, the Project activities impacts likely to be triggered by the Project activities on soil resource include; (i) Destruction of soil structure due to topsoil excavation. MIBP 8-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO (ii) Soil contamination caused by oils and fuel leaks from construction equipment (iii) Soil erosion due to clearing of vegetation cover and trenching activities. Removal of vegetation cover during site clearance will further expose soil to water and wind which are agents of erosion. Excavation and ground clearance works will also have the direct effect of loosening the soils making them easier to be washed away by water and wind. The assessment also identified that less significance impacts are anticipated on Soil resource as discussed in Table 8.7 on Page 8-8. Table 8.7: Impacts on Soil Resources Project activities which could lead to soil Impact compacting and interference with soil structure Mitigation High Sources hence making top soils loose and susceptible to Efficiency agents of erosion • Destruction of Soil Structure due to topsoil breaking leading to reduced soil aeration • Movement of plant and equipment could result to soil compacting which inhibits soil aeration leading to death of soil micro-organisms. Nature of impact • Soil contamination caused by oils and f uel leaks f rom construction equipment leading to Oil Acidity increase • Soil Erosion due to clearing of vegetation cover and trenching activities which results to death of soil microorganism and reduced soil productivity Reversibility Yes of impact Mitigation As discussed below Af f ected stakeholders Terrestrial ecosystems /areas Extent Site – 2 Intensity Medium-3 Magnitude Duration Medium term-3 Probability Likely – 3 (Extent+ Intensity +Duration + Signif icance Weighting Low Probability) x WF (2+3+3+3) x1=11 (Low) Mitigation Measures to Project Impacts to Soils (a) Soil Erosion due to Clearing of Vegetation Cover • Earthworks shall be controlled so that land that is not required for the Project works is not disturbed; • Wherever possible, earthworks shall be carried out during the dry season to prevent soil from being washed away by the rain. • Excavated materials shall be kept at appropriate sites approved by the Supervising Engineer. • Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include: areas stripped of topsoil, Soil stockpiles and Spoil sites • Any work along watercourses will be isolated to prevent silt propagating downstream; • Debris and other material will be prevented from entering water channels; Construction settlement lagoons or other temporary attenuation to be used during construction if necessary; Diversion of minor watercourses will be MIBP 8-3 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO carefully managed to prevent suspension of silt (or contamination by other pollutants); • Where possible, sieves shall be placed next to water bodies so as to prevent silt and any other sediments from getting into the resources (b) Civil Works Resulting to Soil Compaction • Split compacted area to reduce runoff & re-vegetate where necessary • Minimize compaction during stockpiling by working the soil in dry state. (c) Civil Works Resulting to Soil Pollution • The contractor shall develop an emergency response plan that includes spill response strategy. • Spills shall be immediately addressed per the appropriate spill management plan and initiate soil clean up and soil removal if needed. Spill kits should be availed to aid this • Spill prevention practices and response actions should be applied in refuelling and vehicle use areas to minimize accidental contamination • Containment around the garage, fuel store and fuelling station should be ensured so that these potentially polluting substances can be properly handled and any intended escape of material from that area can be contained until such time as remedial action can be taken • Proper handling of material through use of dip trays, directing spills to an oil sump which shall be emptied into a designated disposal site • Refuel in designated refuelling areas that include a temporary berm to limit the spread of any spill. • Proper maintenance of machinery and equipment to avoid or minimize leakages from machines. 8.5.4 Workers, Community Health and Safety Risks Workers, Community Health and Safety risks are often triggered by Project activities during Project Construction Phase. These risks often affect both workers on site as well as general community in close proximity to the work site. Management of these risks is required to be as provided for by the Occupational Health and Safety Act (OSHA 2007), Waste Management Regulation 2006, Public Health Act, noise and excessive vibration regulations of 2009 and air quality regulations of 2014. This assessment identified potential Environment, Health and Safety in the following context and analysis in Table 8.8 below. (i) Wastes Management (Liquid and Solids) (ii) Excessive noise and vibrations (iii) Air Pollution and Dust Generation (iv) Risk of Accidents at Work Sites Table 8.8: Impacts on Workers, Community Health and Safety Adverse Impact Associated with Health Mitigation Low to Impact Sources and Safety Efficiency Medium Solid and liquid Wastes - Impact involves pollution of the environment caused by construction generated solid and liquid waste which include wastewater, f uels, oils, hazardous substances and other liquid pollutants. Nature of impact Noise and excessive vibrations - noise and excessive vibrations due to un-serviced plant and equipment and Activities associated with blasting and rock breaking - Hearing impairment and respiratory related illness MIBP 8-4 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Health and Safety risks - Open trenches within the settlement which pose health hazards to workers and community. - Handling of AC pipes - Failure to use required correct signage and saf ety marshal on site - Un-serviced plant and equipment which emit hydrocarbons through equipment exhaust system. - Poor workmanship & f ailure to use water sprays during dry season could also result to air pollution. - Failure to observe saf e work environment requirements like use of PPEs, Warning Taps, site labelling. - Sanitation f acilities will be procured by the contractor, these will include toilets both at the camp site and along work sites and proper housing f acilities f or workers Air pollution - Anticipated impact may originate f rom vehicle and machinery f umes and dust Sexual Harassment - Failure to adequately protect workers f rom sexual harassment by other workers, including managers - Failure to provide appropriate mitigation measures, including training all workers on SEA prohibitions and consequences - Failure to provide appropriate f ollow up, including services f or survivors and disciplinary measures f or workers Reversibility of impact Yes Af f ected Workers and Community stakeholders /areas Extent Site – 2 Intensity Medium-5 Magnitude Duration Medium term-4 Probability Likely – 4 (Extent+ Intensity +Duration + Medium Signif icance Weighting Probability) x WF (2+5+4+4) x4=60 (Medium to to high High) 8.5.4.1 Health Impact – Spread of COVID-19 amongst construction workers The World Health Organization declared COVID-19 a global pandemic after assessing both its alarming levels of spread, severity and inaction. Consequentially, WHO issued various guidance and measures to prevent the spread of the virus which have been adopted worldwide. Similarly, the Kenyan Government has since then issued several guidance and directives after the first case was registered on March 13 th, 2020. These included complete cessation of movement to and from areas considered to be hot spots, night curfew, observing social distancing, closure of non – critical and essential enterprises, closure of places of worship and public gatherings, mandatory use of masks in public places, among others. During project execution (civil works), large numbers of workers will be required to assemble together in consultation engagements, meetings, toolbox talks and even at work sites; varied number of workforce including suppliers of material and services are also expected to come in from various places in the country which may be COVID-19 hot spots; and interaction of workers with the project host community will happen as workers seek essential services within their neighborhood, find accommodation close to work sites, and/or return to their homes after works. The potential for the spread of any infectious disease like COVID-19 by projects is high. There is also the risk that the project may experience large numbers of its workforce becoming ill and will need to consider how they will receive treatment, and whether this will impact on local healthcare services MIBP 8-5 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO including the project host community. The presence of international workers, especially if they come from countries with high infection rates, may also cause social tension between the foreign workers and the local populations. Recently, the WHO has warned that the virus is here to stay for a long time and might persist and become our new way. The Government of Kenya has also lifted some of the initial movement controls and allowed the resumption of business, with certain industry specific guidelines being enforced. The duty of care has now been transferred to individual citizens and enterprises. Recognizing the potent risk this may present, it is difficult to clearly outline exhaustive mitigation measures under the mitigation impacts. As such, there is need for the client and the contractor to develop and adopt COVID-19 Standard Operating Procedure (SOPs) in line with the World Bank guidance, Ministry of Health Directives and site-specific project conditions. These SOPs need to be communicated to all workers and enforced to the latter without fail. In addition to the requirement of the SOPs, the following mitigation measure shall also be adopted: COVID-19 – Mitigation Measures against spread of COVID-19 amongst workers: (i) The Contractors will develop SOPs for managing the spread of Covid-19 during project execution and submit them for approval to the Supervision Engineer and the Client before mobilization. The SOPs shall be in line with the World Bank guidelines on COVID-19, Ministry of Health Directives and site-specific project conditions; (ii) Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; (iii) The Contractor shall avoid concentrating of more than 15 workers at one location. Where two or more people gather, maintain social distancing of at least 2 meters. (iv) 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; (v) The project shall put in place means to support rapid testing of suspected workers for covid-19; (vi) 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; (vii) Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; 8.5.4.2 Social Risk - Spread of COVID-19 amongst community members during consultations During implementation of the ESIA and RAP, various activities will be undertaken. For efficient and meaningful engagement, a wide range of individual participants, groups in the local community and other stakeholders will be involved. The consultations will involve verification of PAPs covering the occupants of the affected area, vulnerable persons and groups; project awareness raising, sensitization of PAPs and gauging attitude to the project; training and capacity building for livelihoods restoration, grievance redress, execution of site - specific surveys among others. If carried out conventionally, these activities would lead to close interaction between the proponent and the community members leading to a high risk of spreading COVID – 19 amongst community members during the consultation process. MIBP 8-6 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO To minimize the social risk of spread of COVID-19 amongst community members, alternative means of consultation will be required as mitigation measures to ensure social distancing and appropriate communication measures. The mitigation measures will be supervised by a communications/stakeholder engagement/social safeguards expert in the project proponent’s team . Mitigation measures against spread of COVID-19 amongst community members i. Electronic means of consulting stakeholders and holding meetings shall be used whenever feasible. One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. 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; iii. 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; iv. Use traditional channels of communications (Televisions, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently, allow participants to provide feedback and suggestions. v. 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. vi. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vii. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 8.5.4.3 Solid Wastes on Site During construction, solid waste will be generated from a wide range of project activities. Some of the waste includes; wrapping materials discarded by the workers on site, food waste from kitchens, waste from the workshops and offices consisting of waste papers, toners and cartridges, broken equipment and containers, steel, timber, etc. To minimize pollution and visual intrusion, waste will to be managed appropriately as provided in this sub section. Solid Wastes Impacts Mitigation Measures (i) The contractor shall develop a comprehensive Waste Management Plan (WMP) prior to commencement of works (ii) Properly labelled and strategically placed waste disposal containers shall be provided at all places of work (iii) Litter bins shall have secured lids to prevent animals and birds from scavenging (iv) All personnel shall be instructed to dispose of all waste in a proper manner (v) Recycling of construction material shall be practiced where feasible e.g. MIBP 8-7 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO containers and cartons (vi) The project shall engage services of a NEMA accredited waste handler to collect and dispose all waste from site in line with the waste regulation and the waste management plan to be developed by the contractor; (vii) The construction camps should be situated away from the primate reserve and wildlife corridors to prevent wildlife from scavenging polluted waste. 8.5.4.4 Liquid Wastes on Site During construction various types of liquid waste will be produced such as concrete washings, runoff from workshops and grey water from contractor’s camp. Just as with solid waste, liquid waste can attract rodents and birds especially for meeting their drinking water needs. This can affect pose health hazards to both workers and community. Liquids Wastes Impacts Mitigation Measures (i) Water containing pollutants such as concrete or chemicals should be directed to a conservancy tank for removal from the site where applicable (ii) Potential pollutants of any kind and form shall be kept, stored and used in such a manner that any escape can be contained (iii) In case of any form of pollution the contractor should notify the Resident Engineer (RE) (iv) Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas including groundwater are not polluted (v) No grey water runoff or uncontrolled discharges from the site or working areas to any adjacent storm water drains and where drains are not available – pre-treated before discharge. 8.5.4.5 Fuels, Oils, Hazardous Substances The construction phase will involve use of stationary and mobile plant and equipment which will require fueling and lubrication. There are chances of accidental spillage of used engine oils, grease and diesel which may lead to soil contamination. Should this spillage occur during the rainy season, the contaminants may be washed off by surface runoff and find their way into the storm water channels along the Project corridor. Hazardous Wastes Impacts Mitigation Measures (i) The contractor shall ensure that the machines and equipment are in good condition when on site. (ii) Ensure proper handling of lubricants, fuels and solvents while maintaining the plant and equipment. (iii) Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal. (iv) A safety and emergency response plan will need to be developed for all operations with emphasis on the protection of the environment prior to start up. (v) Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas; (vi) Measures should be taken to ensure proper storage of fuel, oil and bitumen. Oil-water interceptors or sumps should be constructed to capture discharge of oils, fats and other polluting liquids from maintenance workshops, vehicle and equipment washing bays and kitchen drains; (vii) Secondary containment of up to 110% should be provided for f uel storage areas and other hazardous fuels identified in (iv) above before disposal MIBP 8-8 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO through a licensed waste handler. (viii) At the work sites the contractor will be expected to maintain strict surveillance particularly when working within the vicinity of water supply points and the rivers within the project area; (ix) Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment. 8.5.4.6 Excessive Noise and Vibrations The risk often affects both workers on site and community at large. Common sources of noise and excessive vibrations are as a result of use of un-serviced plant and equipment as well as activities associated with blasting and rock breaking. Noise generating activities such as equipment operations and the workers themselves could be a public nuisance to nearby settlements and commercial centers, health centers and schools especially those within 200m of the road reserve. As required, OSHA 2007 and EMCA 2015 Noise and Excessive Vibration 2009 as well as World Bank EHS Guidelines should be adhered to. Figure 8.5 below provides permissible noise levels for a residential and construction sites. Figure 8.5: Permissible Noise Levels Mitigation Measure to Excessive Noise and Vibration (i) Contractor will comply with provisions of EMCA 2015 (Noise and Excessive Vibrations Regulations of 2009) (ii) The Contractor will keep noise level within acceptable limits (60 Decibels during the day and 35 Decibels during the night) and construction activities shall, where possible, be confined to normal working hours in the residential areas (iii) Hospitals, schools and other sensitive receptors as identified in Section 8.4 on Page 8-2 to 8-5 shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity (iv) The contractor will ensure all constructing machinery is serviced and well maintained (v) Provision of proper PPEs. 8.5.4.7 Air Pollution and Dust Generation Significant air pollution will most likely be attributable to particulate matter (PM), especially dust blown from plant and equipment on site. The particulate matter generated could affect the hospitals, schools and other sensitive receptors as identified in Section 8.6. As required by OSHA 2007 and EMCA 2015 (Air Quality Regulations 2014) as well as World Bank, EHS Guidelines should be adhered to. Mitigation Measure to Project Related Dust and Air Pollution MIBP 8-9 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO (i) The contractor will comply to the provisions of EMCA 2015 (Air Quality Regulations 2014) (ii) Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications (iii) Water sprays shall be used to supress dust on site all the time and intensified in areas within 200 metres of human settlement especially during the dry season (iv) The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible; (v) Dust generating activities shall not be carried out during times of strong winds (vi) Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; (vii) Vehicle speeds shall be limited to minimise the generation of dust on site 8.5.4.8 Sexual Harassment 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 Measure to Protect against Sexual Harassment in the Workplace (i) Ensure clear human resources policy against sexual harassment that is aligned with national law (ii) Integrate provisions related to sexual harassment in the employee COC (iii) Ensure appointed human resources personnel to manage reports of sexual harassment according to policy 8.5.4.9 Risk of Occupational Illnesses, Diseases and Accidents at Work Sites The risk of accidents at worksites often affects both workers on site and community at large. These risks at times can be fatal as they could lead to death or permanent disability of victims. This risk could be significant at Hospitals, schools and other sensitive receptors as identified in Section 8.4 on Page 8-2 to 8-5. The risks are commonly caused by failure to observe safety requirements as required by the C-ESMP, contractor safe working procedures, OSHA 2007 regulations, Factory Rules of 2005, Public Health Act, and the World Bank EHS Guidelines as well as the World Bank Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (Sept 2018) Mitigation Measure to Risks of Accidents on Site (i) Contractor to undertake a risk assessment and develop an Occupational Health and Safety Management Plan alongside other Construction Environmental and Social Management plans (CESMPs)s prior to the commencement of works to be approved by the Supervising Engineer. These CESMPs will include but not limited to: • An Occupational Health and Safety Management Plan • Waste Management Plan • Labour influx strategy • Gender-based Violence Action Plan, including: ▪ SEA Prevention and Response Strategy ▪ GBV Mitigation Plan ▪ SEA Prevention and redress mechanism ▪ SH redress mechanism MIBP 8-10 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO • Child protection strategy • Employment plans • Occupational Health and Safety Plan • Traffic Management Plan • Decommissioning Plan • Hazard Material Management Plan • Asbestos handing protocol; • Emergency Response Plan; • Spoil management plan; • Grievance redress Mechanism; • Stakeholders engagement and communication plan; • ESHS, SEA, VAC & SH Codes of Conduct • Community Health and Safety Management Plan • Water Quality Management Plan • Air Quality, Noise and Vibration Management Plan • Emergency Preparedness and Response Plan (ii) All workers to be trained and inducted on the requirement of the C-ESMPs before commissioned to start working; (iii) Provide adequate and appropriate Personal Protective Equipment (PPEs) including gloves, gum boots, overalls and helmets to workers. Use of PPE to be enforced by the Supervising Engineer. (iv) Fully stocked First Aid Kits to be provided within the Sites, Camps and in all Project Vehicles (v) Strict use of warning signage and tapes where the trenches are open and at other active construction sites (vi) Contractor to Employ and train Road Safety Marshalls who will be responsible for management of traffic on site (vii) Contractor and supervising consultant to retain experienced full-time occupational health and safety officers to supervise and advice the project on OHS compliance including contractor preparedness to handle emergencies of fire, medical and social unrest (viii) Ensure all workers including management staff are inducted and sign the ESHS, GBV and VAC codes of conduct before beginning any works (ix) Through an approved occupational safety and health advisor, train workers on proper working and handling of asbestos cement material before commencement of works. Refer to detailed mitigation guidelines in Appendix 3. 8.5.4.10 Risks Associated with Traffic on Site The term ‘vehicles’ include cars, vans, lorries, low-loaders and mobile plant such as excavators, lift trucks and site dumpers etc. Construction site vehicle incidents can and should be prevented by the effective management of transport operations throughout the construction process. Occupational Health and Safety Act (OSHA 2007) provides for site traffic organization so that vehicles and pedestrians using site routes can move around safety. This assessment provides for key management principles that will guide the Contractor when dealing with traffic on Site during the construction of the Project. In order to reduce risks of accident on site, the contractor should ensure the below listed measure are assessed in detail: (i) Keeping Pedestrians and Vehicles Apart (ii) Minimizing vehicles movement MIBP 8-11 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO (iii) People on Site (iv) Turing of Vehicles (v) Visibility (vi) Signs and Instructions Table 8.9 on page 8-16 provides details on how traffic will be managed on site under the above discussed principles. Table 8.9: Traffic Management Plan Safety Principle Management Measure - Entrances and exits- provide separate entry and exit gateways f or pedestrians and vehicles; - Walkways- provide f irm, level, well-drained pedestrian walkways that take a direct route where possible; - Crossings- where walkways cross roadways, provide a clearly Keeping signed and lit crossing point where drivers and pedestrians can Pedestrians and see each other clearly; Vehicles Apart on - Visibility- make sure drivers driving out onto public roads can Site see both ways along the f ootway bef ore they move on to it; - Obstructions– do not block walkways so that pedestrians have to step onto the vehicle route; d - Barriers- think about installing a barrier between the roadway and walkway - Limit the number of vehicles on site - Provide car and van parking f or the workf orce and visitors away Minimizing vehicles f rom the work area; movement - Control entry to the work area; and - Plan storage areas so that delivery vehicles do not have to cross the site. - Contractor will take steps to make sure that all workers are fit and competent to operate the vehicles, machines and attachments they use on site by, f or example: - checks when recruiting drivers/operators or hiring contractors; People on Site - training drivers and operators; - managing the activities of visiting drivers - Accidents can also occur when untrained or inexperienced workers drive construction vehicles without authority. - Access to vehicles will be managed and people alerted to the risk The need f or vehicles to reverse will be avoided where possible as reversing is a major cause of f atal accidents. - One-way systems will be adopted by the contractor as this Turning of Vehicles can reduce the risk, especially in storage areas. - A turning circle could be installed so that vehicles can turn without reversing If vehicles reverse in areas where pedestrians cannot be excluded the risk is elevated and visibility becomes a vital consideration. This ESIA provides f or: - Aids for drivers- mirrors, CCTV cameras or reversing alarms that can help drivers can see movement all-round the vehicle; Visibility - Signallers- who can be appointed to control manoeuvres and who are trained in the task; - Lighting- so that drivers and pedestrians on shared routes can see each other easily. Lighting may be needed af ter sunset or in bad weather; - Clothing- pedestrians on site should wear high-visibility clothing. MIBP 8-12 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Safety Principle Management Measure - Make sure that all drivers and pedestrians know and understand the routes and traf f ic rules on site. Use standard Signs and road signs where appropriate including the Heavy Vehicles Instructions turning sign - Provide induction training f or drivers, workers and visitors and send instructions out to visitors bef ore their visit. 8.5.5 Social Impacts 8.5.5.1 Resettlement Impacts The proposed Project will be implemented within government land and along public road reserves. However, a Resettlement Action Plan report has been prepared for compensation of assets and sources of livelihood that might be affected by the Project. A number of alternatives and mechanisms have been considered to avoid or minimize displacement and restricted access to socio-economic services during the design and implementation of project activities. This is also in consideration of the concerns of community members and institutional stakeholders consulted. i) Use of Existing Public Land: The water pipelines will be designed to follow roads Right of Way. ii) Reduction in the Required Working Space / Easement: Attempts have been made to reduce the required corridor for the Project; a practical working space of about 4m within private farms. iii) Use of Manual Excavation: The Project will adopt manual excavation in some cases to limit destruction of people’s properties. iv) Temporary Set-Back: PAPs will be given adequate notice after compensation that will enable them to reconstruct their structures away from the water easement. v) Selection of Non-Residential Sites: As much as possible, besides engineerin g design prerequisites, site selection has been guided by the desire to minimize the displacement of human settlements/residences. Resettlement Impacts in Malindi Town Table 8.10 on Page 8-18 provides a summary of Resettlement Impacts for Water distribution lines targeted for construction in Malindi town. The total number of Project Affected Persons was 194 PAPs out of which 64 PAPs were women, 123PAPs will lose structures and 133 PAPs will lose livelihood and 44 PAPs are tenants. Affected sub locations in Malindi were Shella and Barani Sub Locations. Majority of the affected structures are made of mud or iron sheet walls, makuti roof on mud floor while some were made of wooden walls, GCI roof and cement floor, mud in stone wall, Makuti roof. MIBP 8-13 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 8.10: Total Project Affected Persons in Malindi Town Total Water Total Number PAPS PAPS Design Mains Sub Tenant Vulnerable Number of losing losing Horizon (Layout Location PAPs PAPs of PAPs Women Structures Livelihood Map) PAPs MY50 Barani 4 1 4 NIL 0 NIL MY48 Shela 15 8 10 11 2 Nil MY33 Barani 29 7 29 29 0 Nil 2020 MY32 Barani 9 3 9 1 0 Nil MZ34 Shela 97 32 46 70 31 Nil MZ31 Shela 40 13 29 22 11 Nil Total 194 64 123 133 44 Nil Note* Note the other lines proposed under the 2020 Design Horizon (MX38, MZ37, MY34, MY31,MZ33,MZ19,MY37,MY38) were free from encroachment at the time of RAP assessment. Resettlement Impacts in Watamu Town Table 8.11 below provides a summary of Resettlement Impacts for Water distribution lines targeted for construction in Watamu Town. The total number of Project Affected Persons was 46 PAPs out of which 18 PAPs were women while 8 PAPs were tenants. Majority of the affected structures are made of mud or iron sheet walls, while some were made of wooden walls. Table 8.11: Total Project Affected Persons in Watamu Town Total Water Total Number PAPS PAPS Design Mains Sub Tenant Vulnerable Number of losing losing Horizon (Layout Location PAPs PAPs of PAPs Women Structures Livelihood Map) PAPs MZ28 Watamu 46 18 8 36 18 Nil MY54 Watamu Nil Nil Nil Nil Nil Nil 2020 MZ27 Watamu Nil Nil Nil Nil Nil Nil MY35 Watamu Nil Nil Nil Nil Nil Nil Resettlement Impacts in Mambrui and Gongoni Trading Centres The assessment identified that all the Water Lines (MY43, MY58 and MY44 for Gongoni and MY45 for Mambrui Trading Centres) had no PAPs and are free from encroachment at the time RAP field census activities. Resettlement Action Plan Budget The Project design has ensured that the Water Lines will follow Road Reserves. The estimated RAP budget as presented by the RAP Report is Ksh 15,001,300. The budget is inclusive of an item on sensitization and training on use of compensation funds. A topic on sensitization of PAPs against Gender Based Violence related to compensation will be included in the sensitization program. Table 8.12 to Table 8.14 on Page 8.15 presents details of RAP budget under MAWASCO area. MIBP 8-14 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 8.12: Total Compensation Budget for Watamu Town Table 8.13: Total Compensation Budget for Watamu Town Budget for Budget for Water Mains Add 15% Total Design Structure Livelihood (Layout disturbance Compensation Horizon compensation compensation Map) (Ksh) (Ksh) (Ksh) (Ksh) 2020 MZ28 1,963,700 137,500 315,180 2,416,380 Table 8.14: Total Compensation Budget for Malindi Town Budget for Budget for Add 15% Total Design Water Mains Structure Livelihood disturbance Compensation Horizon (Layout Map) compensation compensation (Ksh) (Ksh) (Ksh) (Ksh) MY50 842,500 - 126,375 968,875 MY48 353,000 82,500 65,325 500,825 MY33 1,535,700 217,500 262,980 2,016,180 MY32 1,124,800 5,000 169,470 1,299,270 2020 MZ34 2,131,900 640,500 415,860 3,188,260 MZ31 2,434,900 190,000 393,735 3,018,635 Total 8,422,800 1,135,500 1,433,745.00 10,992,045 Table 8.14 below provides grand total required for RAP implementation prior to commencement of Project Civil Works. Table 8.15: Grand RAP Budget Description Amount (Kshs.) Livelihood and Asset Loss (Malindi) 9,558,300 Livelihood and Asset Loss (Watamu) 2,101,200 Add 15% disturbance (Ksh) 1,748,925 Sub Total 1 13,408,425 Awareness raising and sensitization of PAPs 3 300,000 Training and Capacity Building f or livelihood restoration and GRM 4 300,000 Operational & Administrative Costs of RAP Committees 492,875 Monitoring and Evaluation 500,000 Sub Total 2 1,592,875 Total RAP Cost 15,001,300 8.5.5.2 Other Social Risks The Project activities as described in the report have the potential of triggering various social risks both at Project Construction Phase and Operation Phase. This assessment has identified potential social risks associated with the Project as listed below and analyzed in Table 8.16 on Page 8-21. 3 Gender Sensitizations and Training, Bank accounts, use of compensation money etc. 4 The GRM will require sufficient skills in data management, including data entry, data analysis and storage. The team will also require training conflict resolution procedures, such as mediation and reconciliation, and other management areas such as record-keeping, report-writing and ICT equipment management. MIBP 8-15 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO (i) Labour Influx related Impacts (ii) Human Rights and gender inclusivity (iii) Children Protection (iv) Increased Transmission of communicable diseases including HIV/AIDS (v) Sexual Exploitation and Abuse (vi) Gender-based violence at the community level Labour Influx, Gender Based Violence and Children Protection Management Plan The contractor who will be hired for the assignment will be required to develop his owner specific labour Influx Management Pan, Gender Based Violence Prevention and Children Protection Strategies and sign code of conduct with employees and supervision engineer on implementation. The code of conduct be designed to ensure that contractor and workers adhere to environment and social standards with regards to management of labour force and safeguarding workers and community members against Gender Based Violence and ensuring children are protected against abuse. At the ESIA stage, adverse social risks associated with the project area is summarized in Table 8.15 below. The risks were adopted as guided by the “ Good Practice Note of the World Bank (1st December 2016) on Managing the Risks of Adverse Impacts on Communities from temporary project” Table 8.16: Adverse Social Impacts Social Impact Description Risk of social Conf licts may arise between the local community and the construction conf lict: workers, which may be related to religious, cultural or ethnic dif ferences, or based on competition f or local resources. Tensions may also arise between dif f erent groups within the labor f orce, and pre-existing conf licts in the local community may be exacerbated. Ethnic and conf licts may be aggravated if workers f rom one group are moving into the territory of the other. Risk of the spread The activities necessary f or ef f ective and meaningf ul consultations will lead of COVID-19 to close interaction between the proponent and the community members amongst leading to a high risk of spreading Covid – 19 amongst community members community during the consultation process. The activities may take the f orm of one –on members during consultations –one or onsite presence in the community, large gatherings and long duration of engagement sessions. Increased risk of The inf lux of workers and service providers into communities may increase illicit behavior and the rate of crimes and/or a perception of insecurity by the local community. crime: Such illicit behavior or crimes can include thef t, physical assaults, substance abuse, prostitution and human traf f icking. Inf lux of additional Especially in projects with large f ootprints and/or a longer timef rame, people population can migrate to the project area in addition to the labor f orce, thereby (“f ollowers”): exacerbating the problems of labor inf lux. These can be people who expect to get a job with the project, f amily members of workers, as well as traders, suppliers and other service providers (including sex workers), particularly in areas where the local capacity to provide goods and services is limited. Impacts on Depending on the number of incoming workers (to be determined by the community contractor) and their engagement with the host communities in project area, dynamics: the composition of the local community, and with it the community dynamics, may change signif icantly. Pre-existing social conf lict may intensif y as a result of such changes. Increased burden The presence of construction workers and service providers (and in some on and competition cases f amily members of either or both) can generate additional demand for f or public service the provision of public services, such as water, electricity, medical services, provision: transport, education and social services. MIBP 8-16 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Social Impact Description Increased risk of The inf lux of people may bring communicable diseases to the project area, communicable including sexually transmitted diseases (STDs), or the incoming workers diseases and may be exposed to diseases to which they have low resistance. This can burden on local result in an additional burden on local health resources. Workers with health health services: concerns relating to substance abuse, mental issues or STDs may not wish to visit the project’s medical f acility and instead go anonymously to local medical providers, thereby placing f urther stress on local resources. Sexual Harassment Construction workers are predominantly younger males. Those who are and Gender-based away f rom home on the construction job are typically separated f rom their violence: f amily and act outside their normal sphere of social control. This can lead to inappropriate and criminal behavior, such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with mi nors f rom the local community. A large inf lux of male labor may also lead to an increase in exploitative sexual relationships and human traf f icking whereby women and girls are f orced into sex work. Child labor and Increased opportunities f or the host community to sell goods and services school dropout to the incoming workers can lead to child labor to produce and deliver these goods and services, which in turn can lead to enhanced school dropout. Local inf lation of A signif icant increase in demand f or goods and services due to labor inf lux prices may lead to local price hikes and/or crowding out of community consumers. Increased pressure Depending on project worker income and f orm of accommodation provided, on there may be increased demand f or accommodations, which again may lead accommodations to price hikes and crowding out of local residents. and rents Increase in traf f ic Delivery of supplies f or construction workers and the transportation of and related workers can lead to an increase in traf f ic, rise in accidents, as well as accidents: additional burden on the transportation inf rastructure. Social impacts scoring is presented in Table 8.16 below. Table 8.17: Impacts on Social Setting Impact Project Impacts to social setting of the Project Mitigation High Sources area Efficiency (i) Labour Influx Impacts (ii) Human Rights and gender inclusivity (iii) Child protection (iv) Increased Transmission of communicable diseases including HIV/AIDS Nature of impact (v) Sexual exploitation and abuse (vi) Gender-based violence at the community level (vii) Spread of COVID-19 amongst community members as a result of participation in consultations Reversibility of no impact Mitigation As detailed below Measures Affected Workers and Community stakeholders Extent Site – 2 Intensity Medium-5 Magnitude Duration Medium term-4 Probability Likely – 4 (Extent+ Intensity +Duration + Significance Weighting Medium Probability) x WF (2+3+3+3) x3=33 (Low) (a) Labor Influx Effects This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers from local, national and international markets. This therefore leads to concentration of people in one area drawn from diverse social and cultural backgrounds often resulting to a number of issues as MIBP 8-17 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO listed below; (i) Strain on various resources especially water resources for road works (ii) Grievances from local community members over job opportunities. (iii) Sexual Exploitation and Abuse (iv) Unwanted Pregnancies Mitigation Measures to Labour Influx Impacts • The contractor awarded the Project will develop a labour Management Plan (LMP) in consultation with local leaders. • The contractor will ensure effective community engagement and strong grievance mechanisms on matters related to labour, with a discrete mechanism for safely and confidentially reporting issues of SEA and GBV at the community level triggered by the Project • Effective contractual obligations for the contractor to adhere to the mitigation of risks against labour influx, the contractor should engage a local community liaison person who is also trained in PSEA. • The contractor will ensure proper records of labour force on site while avoiding child and forced labour • The contractor will ensure comply to provisions of Workplace Injuries and Benefits Act (WIBA) 2007 • The contractor will develop and implement a children Protection Strategy, this strategy will ensure that no child under the legal age of 18years in employed to the Project. (b) Gender Based Violence and Sexual Harassment This impact is triggered during Project Construction Phase due to the potential of the Contractor’s failure to comply with the following provisions; (i) Gender Inclusivity requirements in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule. (ii) Failure to protect Human Risk Areas Associated with, Disadvantaged Groups, Interfering with Participation Rights, and interfering with Labour Rights. Mitigation Measures of Human Rights and Gender Requirements • The Contractor shall develop and implement effective human resources policy against sexual harassment that is aligned with national law • The Contractor shall Integrate provisions related to sexual harassment in the employee COC • The Contractor shall Ensure appointed of a GBV focal person to manage reports of sexual harassment 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 sexual exploitation and abuse • 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. MIBP 8-18 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO • the contractor shall develop 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 (c) Child Protection The possibility of the contractor triggering child abuse is through hiring of child labour, also labour force on site might abuse children within the Project area through sexual advance that could lead to early pregnancies and school dropout including exposure to communicable diseases such as HIV and AIDS. The contractor will undertake the below listed mitigation measures. Mitigation Measures to child protection • The contractor will develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the Project • All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour • Children under the age of 18years should be hired on site as provided by Child Rights Act (Amendment Bill) 2014 • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children to workers home, unless they are at immediate risk of injury or in physical danger. • Refrain from physical punishment or discipline of children). • Refrain from hiring children for domestic or other labour, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. • 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. (d) Sexual Exploitation and Abuse 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 Measures to Risk of SEA • Develop and implement a 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: o Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non- compliance; project-level IEC materials; MIBP 8-19 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO o 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; o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level Information Education and Communication (IEC) materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o 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. (e) Gender-based Violence at the community level This impact refers to gender-based violence 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 water and sanitation projects 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 Measures to Risk of GBV at the community level • Develop and implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: o effective and on-going community engagement and consultation, particularly with women and girls; o review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; delivery of water supplies; etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; water services; etc • Ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation (f) Increase in Prevalence of Communicable Diseases This impact is triggered during Project Construction Phase due to the Project attracting various categories of workers from local, national and international markets. This therefore leads to concentration of people in one area drawn from diverse social and cultural backgrounds often resulting in people engaging in sexual activities. Additionally, the construction and environmental and social safeguards implementation actions will be done during the COVID-19 pandemic era. The COVID – 19 is a highly infectious disease MIBP 8-20 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO and since c onsultations 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. Mitigation Measures to Risk of Communicable Diseases • HIV/AIDS Awareness Program and other communicable diseases to be instituted and implemented as part of the Contractor’s Health and Safety Management Plan to be enforced by the Supervising Engineer. • This will involve periodic HIV/AIDS and other communicable diseases Awareness Workshops for Contractor’s Staff • Access to Contractor’s Workforce Camps by outsiders to be controlled • Contractor to provide standard quality condoms to personnel on site. Mitigation Measures to prevent the spread of COVID-19 pandemic Among construction workers during construction: i. Electronic means of communication amongst workers shall be used whenever feasible. One on one engagements for the Workers while observing social distance and adhering to PPE wearing shall be enforced; ii. Avoid concentrating of more than 15 Workers at one location. Where two or more are gathered, ensure social distancing of at least 2 meters is maintained; iii. Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel. iv. Hold meetings in small groups, mainly in work related groups if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. v. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vi. Ensure online registration of Workers, distribution of consultation materials and share feedback electronically. Amongst community members during consultations: i. Electronic means of consulting stakeholders and holding meetings shall be used whenever feasible. One-on-one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. 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; iii. 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; iv. Use traditional channels of communications (TV, newspaper, radio, dedicated phone- lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Allow participants to provide feedback and MIBP 8-21 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO suggestions. v. 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. vi. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. vii. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants. 8.6 Positive Impacts During Operational Phase The Project shall result in both direct and indirect benef its to the residents of Malindi, Watamu Towns, Gongoni and Mambrui Trading Centres as summarized below: (i) Improve affordable, clean, reliable water supply within Project area leading to improved health and hygiene. (ii) Reduce exposure to health risks posed by consumption of untreated water from existing community water schemes. (iii) Improve health and nutrition of beneficiaries through provision of treated safe water. (iv) Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education. (v) The Project once operational will save community members money, this is because the water will be billed at recommended tariff by Water Services Regulatory Authority as opposed to the current exorbitant tariffs posed by local community water schemes. 8.7 Negative Impacts during Project Operational Phase The Operation phase will have potential negative impacts; these impacts are less significant and can be easily mitigated as described in Table 8.17 below. Table 8.18: Negative Impacts and Mitigation measure during Project Operation Issue Summary of Mitigation • Mapping and installation of beacons to illustrate the width of the pipeline reserve Risk of encroachment • Regular patrol of the pipeline corridor f or encroachment. and construction of • Prosecution of encroachers as required by County By Laws on structures on the water way leaves and road reserves maintenance. easement corridor • Conduct public sensitization programs on the importance of not interf ering with way leaves and public reserve land • Regular check, repair and maintenance of the water pipeline Risk of water pipeline • Activate a community watch group f or inf ormation sharing on bursts leading to water the status of the water line wastages (Non-Revenue Water percentages • Implement a leak detection and repair program (including increase) records of past leaks and unaccounted f or water to identify potential problem areas) • Identif y environmental issues that need mitigation during Water Discharges during operation of the Project component. f lushing/cleaning of • Develop management plans and procedures needed to pipes to remove address the environmental concerns sediments • Monitor and evaluate the perf ormance against set targets • Set a budget f or environmental management and restorations MIBP 8-22 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO Issue Summary of Mitigation • Schedule f or revising and updating the ESMMP • Initiate sensitization programmes on best practices on solid waste management right f rom the source, sorting, transportation and disposal • Conducting an initial audit in the f irst year of operation of the projects and subsequent annual audits of the operational activities. MIBP 8-23 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) 9.1 Purpose and Objectives of ESMMP The specific objectives of the ESMMP are to: • Serve as a guiding document for the environmental and social monitoring activities for the supervising consultant, contractor and the client management including requisite progress reports. • Provide detailed specifications for the management and mitigation of activities that have the potential to impact negatively on the environment and/or the affected population • Provide instructions to relevant Project personnel regarding procedures for protecting the environment and minimizing environmental and social effects, thereby supporting the Project goal of minimal or zero incidents. • Document environmental concerns and appropriate protection measures; while ensuring that corrective actions are completed in a timely manner. 9.2 Auditing of ESMMP Coast Water Works Development Agency (CWWDA) and the Contractor shall conduct an initial and subsequent annual self-audit to the ESMMP to ensure that the system for implementation of the ESMMP is operating effectively. The World Bank will also supervise progress during regular supervision missions. The audit shall check that a procedure is in place to ensure that: • The ESMMP being used is the up to date version • Variations to the ESMMP and non-compliance and corrective action are documented • Appropriate environmental training of personnel is undertaken • Emergency procedures are in place and effectively communicated to personnel • A register of major incidents (spills, injuries, complaints) is in place and other documentation related to the ESMMP • A discrete mechanism for safely and confidentially reporting issues of SEA and of GBV at the community level triggered by the Project • Referral pathways are in place for support of survivors of SEA and of GBV at the community level triggered by the Project • Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued 9.3 Incident Reporting In line with the requirement of the Occupational Health and Safety Act (OSHA) 2007, EMCA 1999 and its 2015 revisions, and World Bank EHS guidelines, all ESHS incidents, accidents, dangerous occurrences including occupational diseases shall be 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. The C-ESMP shall provide for incident classification criteria and an incident escalation hierarchy. MIBP 9-1 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO 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. 9.4 Management Responsibility of ESMMP In order to ensure the sound development and effective implementation of the ESMMP, it will be necessary to identify and define the responsibilities and authority of the various persons and Organizations that will be involved in the project. The following entities should be involved in the implementation of this ESMMP: • CWWDA/MAWASCO • NEMA Kilifi County • Contractor • Design Consultant; • County Government of Kilifi • Community members 9.4.1 Coast Water Works Development Agency (CWWDA) / Malindi Water and Sewerage Company (MAWASCO) CWWDA in conjunction with MAWASCO the Project proponent, will be charged with the responsibility of ensuring that the proposed development has been put up in an environmentally sound manner. This can be achieved by inclusion of environmental specifications in the tender documents, selection of renowned environmentally conscious contractors and supervision to ensure that the objectives of this ESMMP are met. 9.4.2 National Environment Management Authority (NEMA) The responsibility of NEMA is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government of Kenya in the implementation of all policies relating to the environment. Specific NEMA roles are listed below. • Reviewing and provide approval or issuance of improvement comments on the project ESIA report. • Issue ESIA license and the associated conditions • Routinely monitor the ESMP, ESIA license conditions compliance and issuance of compliance note or stoppage or improvement orders to the project. 9.4.3 The Contractor The persons/firms contracted to put up the proposed water Projects plant will be required to comply with the requirements of the ESMMP within this report. To ensure strict compliance environmental specifications and social risk mitigation measures that address project related SEA and GBV at the community level and SH of this ESMMP should form part of the contract documents. The contractor will be required under the contract to engage a competent Environment Health and Safety Advisor/officer to advise them on the ESMP compliance; Undertake MIBP 9-2 Preparation of Detailed Designs, Preliminary ESIA/RAP ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) and Tender Documents for Water Distribution Works for REPORT FOR THE PROPOSED WATER DISTRIBUTION Mombasa and 3WSPs SHORT TERM WORKS FOR MAWASCO risk assessments and prepare project specific Construction ESMPs for review and approval by the proponent and the Bank and implement the approved C-ESMP. 9.4.4 Consultant The sourced consultant will have to ensure that the relevant sections related to the contractor’s responsibilities is up to date and is being used by the contractor. Periodic audits of the ESMMP will have to be done to ensure full compliance. The Consultant will also be responsible for mitigating social risks (detailed above) during implementation stage and developing monthly and quarterly E&S monitoring reports as envisaged in the project ESMF. 9.4.5 County Government of Kilifi The relevant departmental officers within Kilifi County will be called upon where necessary during Project implementation to provide the necessary permits and advisory services to the MAWASCO. 9.5 Environment and Social Management and Monitoring Plan Tables 9.1 and 9.2 on Page 9-4 to Page 9-16 present the ESMMP for the proposed for Improvement of Water Distribution Network within MAWASCO area of Jurisdiction during construction, operation and decommissioning phases respectively. MIBP 9-3 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 9-1: Construction Phase: Environmental and Social Management and Monitoring Plan Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties Seeking • The Contractor shall ensure that all pertinent approvals permits, certificates and licences have been All the Project from NEMA for Delay in obtained prior to any activities commencing on components ESIA, approval implementation of site and are strictly enforced/ adhered to; Number of approvals / of campsite by the Project due to Low 200,000 • The Contractor shall maintain a database of all Responsibility permits issued Directorate of objections and stop pertinent permits and licences required for the MAWASCO & Occupational orders contract as a whole and for pertinent activities Contractor Health and for the duration of the contract Safety (DOSH) • Isolate through fencing the camp sites from access by the public for their safety • Preferably to be located on land already Environmental cleared land wherever possible Campsites degradation risks • The Contractor’s Camp layout shall take into Number of public Construction and risk to female Medium account availability of access for deliveries and outcry due to 200,000 Campsites Responsibility workers of sexual services and any future works accidents Contractor harassment • All workers to sign Code of Conduct which addresses SH at the workplace and penalties; • Sensitize workers on dangers and consequences of sexual harassment. • Utilize to the extent possible the existing public Cases of private land Access to Access Roads roads to avoid social and economic disruption required campsites and Environmental No direct cost Medium • Ensure road safety measures for the construction degradation risks Responsibility associated construction vehicles to the extent possible by Accidents occurrence sites Contractor observing all traffic regulations incidences • The Contractor and sub-contractors shall be aware of the environmental requirements and Risks of constraints on construction activities contained Number of Trainings Environmental and in the provisions of the ESMMP Held Social degradation • The Contractor will be required to provide for the Environmental risks and All Workers appropriate Environmental Training and Availability of Training and Social occupational health Medium Awareness as described in this ESMMP in his reports 200,000 Training and and safety related Responsibility costs and programming Awareness accidents and risk Contractor mitigation of SH and • The Contractor will be required to provide for the Attendance list of appropriate Social Risk Management Training participants during the SEA and Awareness as described in this ESMMP, training sessions including specific and ongoing training on the COC in his costs and programming MIBP 9-4 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties • An initial social risk awareness training on SH and SEA shall be held prior to any work commencing on site, with the target audience being all project affected persons • An initial environmental awareness training session shall be held prior to any work commencing on site, with the target audience being all project affected persons • The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst HIV/AIDS his workers for the duration of the contract, awareness and Number of Trainings contract an implementing organisation, with prevention Held preference for an organisation already working campaign Risks of Increased on this issue in the Project area; All Workers Availability of Training HIV and Aids • The campaign shall include the training of Medium reports 200,000 transmission in the facilitators within the workers, information Responsibility area posters in more frequented areas in the Contractor Attendance list of campsite and public areas, availability of participants during the promotional material (T-shirts and caps, training sessions coordination with HIV/AIDS prevention messages), availability of condoms (free), and theatre groups • 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 COVID-19 mobilization. The SOPs shall be in line with the All the Project prevention World Bank guidance on COVID-19, Ministry of components Measures Health Directives and site-specific project Availability of SOP(s), Spread of COVID- Training material, 19 amongst High conditions; Supervising 300,000 PPE, hand washing & workers • Mandatory provision and use of appropriate Eng. & sanitizing facilities etc Personal Protective Equipment (PPE) shall be Contractor(s) required for all project personnel including Workers 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 MIBP 9-5 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties 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. • Electronic means of consulting stakeholders and, holding meetings, whenever possible, shall be used whenever feasible. One on one engagements for the PAPs while observing All the Project social distance and adhering to PPE wearing components shall be enforced; Spread of COVID- Supervising COVID-19 19 amongst • Avoid concentrating of more than 15 community Eng. & Availability of SOP(s), members at one location. Where two or more Training material, Prevention community Contractor(s) 100,000 PPE, sanitizing Measures members during people are gathered, maintain social distancing Communicatio facilities etc.; consultations of at least 2 meters; n processes • The team carrying out engagements within the Expert/Stakeho lder communities on one-on-one basis will be Engagement provided with appropriate PPE for the number of Expert people they intend to meet; • Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public MIBP 9-6 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties 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. Delay in Project Number of workforces All the Project implementation employed from the Local Labour / • Wherever possible, the Contractor shall use Lots due to opposition local Community No direct costs Employment Medium local labour, and women must be encouraged from aggrieved associated to be involved in construction work Responsibility community Number of female Contractor members employed • Construction activities will be limited to Project All work areas sites / routes which already exist therefore limited destruction to vegetation cover, Responsibility Vegetation Cover Excavations destruction Low to • Compensatory planting of trees that will be cut Contractor in Soil erosion extend (Vegetation by the contractor during excavation of water liaison with 200,000.00 medium and intensity on site clearance, Kenya Forest pipeline trenches. This will be achieved through channeling Services and site a tree planning program to be initiated under Coastal preparations) the works contractor. Region Impacts on Water • The Contractor shall provide proper All work areas Low to Water quality flowing Resources - water containment and storage of grey water runoff or No direct cost medium through storm pollution uncontrolled discharges from the working areas Responsibility MIBP 9-7 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties (including wash down areas) to prevent Contractor draining into adjacent storm water channels without pre-treatment. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site where applicable • The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to storm water channels • Any work along storm water channels will be isolated to prevent silt propagating downstream; • Debris and other material will be prevented Civil works from entering Storm water channels; Siltation and areas Silt load in storm water contamination by other pollutants); Sedimentation low channels No direct cost • Sand/silt traps should be used so as to prevent Control Responsibility silt and any other sediments from getting into Contractor storm water channels • Site compounds and stockpiles will be located away from shallow wells and storm water channels • Earthworks should be controlled so that land that is not required for the Project works is not disturbed; Civil works • Wherever possible, earthworks should be areas Soil Erosion carried out during the dry season to prevent soil Extend of soil erosion low No direct cost Impacts from being washed away by the rain. on site Responsibility • Excavated materials should be kept at Contractor appropriate sites approved by the Supervising Engineer. • The contractor will ensure clear human resources civil works • SH Policy policy against sexual harassment that is aligned Sexual Harassment areas • Number of with national law Site Activities between project Responsibility trainings for staff • The contractor will integrate provisions related to workers Contractor on SH sexual harassment in the employee COC Supervision HR trained in SH • The contractors will ensure appointed human MIBP 9-8 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties resources personnel to manage reports of sexual harassment according to policy • Contractor to provide a Healthy and Safety Plan (HSP) prior to the commencement of works to be approved by the Supervising Engineer. • Provide Personal Protective Equipment (PPE) including gloves, gum boots, overalls and Civil works helmets to workers. Use of PPE to be enforced areas by the Supervising Engineer. Number of fatalities Risk of Accidents at • Fully stocked First Aid Kits to be provided Responsibility and accidents High • Contractor 200,000 Work Sites within the Sites, Camps and in all Project recorded in the Vehicles • Supervising incidence book • Strict use of warning signage and tapes where Engineer the trenches are open and at other active construction sites • Contractor to Employ and train Road Safety Marshalls who will be responsible for management of traffic on site • The contractor shall develop a comprehensive Waste Management Plan (WMP) prior to commencement of works • Properly labelled and strategically placed waste Civil works disposal containers shall be provided at all areas Quantity of solid places of work Responsibility Wastes Generated Solid Wastes • Contractor High • Litter bins should have secured lids to prevent and appropriately 200,000 impacts animals and birds from scavenging • Supervising disposed • All personnel shall be instructed to dispose of Engineer all waste in a proper manner • Recycling of construction material shall be practiced where feasible e.g. containers and cartons • Water containing pollutants such as concrete or Civil works chemicals should be directed to a conservancy areas Quantity of liquid tank for removal from the site where applicable Responsibility Wastes Generated Liquid Wastes • Potential pollutants of any kind and form shall High • Contractor and appropriately 200,000 Impacts be kept, stored and used in such a manner that disposed any escape can be contained • Supervising • In case of any form of pollution the contractor Engineer should notify the Resident Engineer (RE) MIBP 9-9 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties • Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas including groundwater are not polluted • No grey water runoff or uncontrolled discharges from the site or working areas to any adjacent Storm water channels. • The Contractor shall -laws relating to public Sanitation issues health and sanitation resulting from • All temporary/ portable toilets or pit latrines both solid and shall be secured to the ground to the All work areas liquid wastes on satisfaction of the RE to prevent them from Incidence of reported site toppling over Responsibility cases of water related • Contractor No direct cost High • A wash basin with adequate clean water and diseases among the associated Risks associated soap shall be provided alongside each toilet. • Supervising workforce and with water borne Staff shall be encouraged to wash their hands Engineer neighbor community diseases exposed after use of the toilet, in order to minimise the to community and spread of possible disease. workforce • Toilets will be sex-segregated in order to ensure the privacy, safety and dignity of women and men • The contractor shall ensure that the machines and equipment are in good condition when on Civil works site. areas • Ensure proper handling of lubricants, fuels and solvents while maintaining the plant and Responsibility Quantity of waste fuels Fuels, Oils and High equipment. • Contractor and oils appropriately 200,000 other hydro-carbons • Any chemical or fuel spills shall be cleaned up disposed • Supervising immediately. The spilt liquid and clean-up Engineer material shall be removed, treated and transported to an appropriate site licensed for Site Activities its disposal. Storage of fuel oils, lubricants, All work areas chemicals and • Follow specifications of the Occupational Responsibility flammable Incidence of reported Health and Safety Act 2007, EMCA 2015 and • Contractor No direct cost materials High cases of fuel leaks and others in the development and operation of associated Hazards of fire • Supervising fire incidences stores. outbreak, oil and Engineer chemical spills. MIBP 9-10 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties • The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal Civil works Noise and working hours in the residential areas areas Vibration control • hospitals and other noise sensitive areas shall from plant and Reported complaints be notified by the Contractor at least 5 days Responsibility equipment from neighbor No direct cost High before construction is due to commence in their • Contractor Risk to health and community and associated vicinity safety of • Supervising institutions • Any complaints received by the Contractor community and Engineer regarding noise will be recorded and workers communicated to the RE • The Contractor must adhere to Noise Prevention and Control Rules of April 2005 • Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications Air Quality • The removal of vegetation shall be avoided until All work areas Control such time as clearance is required and exposed No direct costs Responsibility Cases of respiratory Air pollution surfaces shall be re-vegetated or stabilised as (integrated in Site Activities High • Contractor complication at nearby causing respiratory soon as practically possible the works health centre disorders to • The contractor shall not carry out dust • Supervising costs) human generating activities (excavation, handling and Engineer transport of soils) during times of strong winds • Vehicles delivering soil materials shall be covered to reduce spills and windblown dust • Water sprays shall be used on all earthwork areas within 200metres of human settlement. • Strict use of protection, warning signage and Civil works tapes where the trenches are open and active areas and Risks of Accidents, sites access roads Traffic Injuries or death of • Employ and train road safety Marshalls who will Accidents occurrence management high Responsibility No direct cost workers or be responsible for management of traffic on site incidences on site • Contractor community member • Contractor to provide a traffic management plan during construction to be approved by the • Supervising resident engineer Engineer Resettlement High • Implement RAP assessment prepared for the All the Project Numbers of satisfied 14,950,050 MIBP 9-11 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties Impacts Project. components. PAPS • The total number of Project Affected Persons Responsibility are 240 PAPs. In Malindi the number is 194 MAWASCO / Extent of route opened PAPs out of which 64 PAPs were women, 123 Kilifi County to the contractor PAPs will lose structures and 133 PAPs will Government lose livelihood and 44 PAPS are tenants. In Watamu, the total number of Project Affected Persons was 46PAPs out of which 18 PAPs were women while 8 PAPs were tenants. 36 PAPs will lose structures while 18 will lose livelihoods. • The assessment identified that all the Water Lines (MY43, MY58 and MY44 for Gongoni Trading Centre and MY45 for Mambrui Trading Centre) had no PAPs and are free from encroachment at the time RAP field census activities. • The contractor awarded the Project will develop a labour Management Plan (LMP) in consultation with local leaders. • The contractor will ensure effective community engagement and strong grievance mechanisms on matters related to labour including sexual exploitation and abuse • Effective contractual obligations for the Project contractor to adhere to the mitigation of risks Corridor against labour influx, the contractor should Number of grievances engage a local community liaison person. Responsibility Medium to recorded by No direct Labour Influx • The contractor will ensure proper records of • Contractor High disgruntled works cost labour force on site while avoiding child and • Supervising force and community forced labour Engineer • The contractor will ensure comply to provisions of Work Place Injuries and Benefits Act (WIBA) 2007 • The contractor shall require his/her employees, sub-contractors, sub-consultations and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct, with specific prevision on protection from sexual exploitation and abuse MIBP 9-12 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties • The contractor will mainstream Gender Inclusivity in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 Gender Rule. • Special provisions for reporting and addressing any GBV risks at the community level (ie. backlash in the home) related to employment of Project women Corridor Gender • The existing community structures headed by Responsibility women and Men Inclusivity in location chiefs should be involved in local No direct Low • Contractor employed by the Project labour hire, emphasize the requirement of cost Project activities hiring women, youth and people with disability • Supervising and VMGs Engineer • Protecting Human Risk areas Associated with, Disadvantaged Groups, Interfering with Participation Rights and interfering with Labour Rights • To include promotion of human rights, including gender equality and equity in Employee’s Code of Conduct • The contractor will develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts Project associated by the Project. Corridor • All staff of the contractor must sign, committing Number of cases Children Responsibility No direct High themselves towards protecting children, which reported involving abuse impacts • Contractor cost clearly defines what is and is not acceptable abuse of children behaviour • Supervising • Children under the age of 18years should not Engineer be hired on site as provided by Child Rights Act (Amendment Bill) 2014 • HIV/AIDS Awareness Program and other Number of Trainings communicable diseases to be instituted and Held Budgeted Increase of implemented as part of the Contractor’s Health above in All Workers communicable and Safety Management Plan to be enforced by Availability of Training HIV/AIDS diseases High the Supervising Engineer. reports Awareness Responsibility including HIV • This will involve periodic HIV/AIDS and other and Contractor and Aids communicable diseases Awareness Workshops Attendance list of Prevention for Contractor’s Staff participants during the Campaign • Access to Contractor’s Workforce Camps by training sessions MIBP 9-13 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties outsiders to be controlled • Contractor to provide standard quality condoms to personnel on site • Mitigation plan for GBV occurring at • The contractor will implement provisions that the community ensure that gender-based violence at the level as a result of community level is not triggered by the Project, project including: implementation • The Contractor shall implement effective and • Number of GBV on-going community engagements and PAPS focused consultations, particularly with women and girls; Community Community Gender-based • Review of specific project components that are sensitization violence at the known to heighten GBV risk at the community Responsibility meetings held 350,000.00 community level, e.g. compensation schemes for women, Contractor • Monthly minutes level employments schemes for women, etc.; MAWASCO/G from GBV • Specific plan for mitigating these known risks, BV focal coordination e.g. sensitization around gender-equitable person(s) meetings approaches to compensation and employment • Number of GBV • The contractor will ensure adequate referrals cases reported at mechanisms are in place if a case of GBV at the community the community level is reported related to level and which project implementation had received survivor-centered referral and care • Develop and implement a SEA action plan with • SEA Action Plan an Accountability and Response Framework as • Code of Conduct part of the C-ESMP. The SEA action plan will • Number of staff follow guidance on the World Bank’s Good Community Sexual trainings Practice Note for Addressing Gender-based Project Exploitation • SEA FP Violence in Investment Project Financing Workers and Abuse by • Community involving Major Civil Works (Sept 2018). project Liaison Officer • The SEA action plan will include how the project Responsibility 250,000.00 workers trained in PSEA will ensure necessary steps are in place for: Contractor against • IEC materials for o Prevention of SEA: including COCs and MAWASCO/S community workers sites and ongoing sensitization of staff on EA Focal members community responsibilities related to the COC and Person(s) consequences of non-compliance; • Discrete SEA reporting pathway project-level IEC materials; o Response to SEA: including survivor- • Relevant policies, MIBP 9-14 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties cantered coordinated multi-sectoral e.g. investigations referral and assistance to complainants and discipline and according to standard operating whistle blower procedures; staff reporting mechanisms; protection written procedures related to case oversight, investigation and disciplinary Monthly minutes from procedures at the project level, including SEA coordination confidential data management; meetings o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o 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 site is to be cleared of all construction All work areas materials, including litter prior to hand over Contractor de- • Fences, barriers and demarcations associated Responsibility Associated risks of mobilization with the construction phase must be removed • Contractor Closeout audit report No direct environmental Medium and site from the site findings anticipated degradation • Supervising reinstatement • Fences, barriers and demarcations associated Engineer with the construction phase must be removed from the site MIBP 9-15 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Target Areas Associated Impact & Monitoring Budget Activity Management Actions Impacts Levels Responsibili Indicator (Kshs) ties • Rehabilitation Activities of Environmental Cases identified must continue throughout the defect liability period Total Estimated Cost for ESMMP (Kshs) EMP 2,800,000.00 RAP Cost (Kshs) RAP 15,001,300.00 MIBP 9-16 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Table 9-2: Operational Phase: Environmental and Social Management and Monitoring Plan Provisional No. Issue Action required Responsibility Budget • Mapping and installation of beacons to which illustrate the width of the To be established pipeline reserve at operation • Regular inspection of the pipeline corridor for encroachment. Risk of encroachment and construction of phase and 1 • Prosecution of encroachers as required by City County By laws on way MAWASCO structures on the water easement corridor included in the leaves and road reserves maintenance. operation of the • Conduct public sensitization programs on importance not interfering with projects wayleaves and public reserve land Risk of water pipeline bursts leading water • Regular check, repair and maintenance of the water pipeline To be established wastages (Non-Revenue Water percentages • Activate a community watch group for information sharing on the status at operation increase) of the water line phase and 2 • Implement a leak detection and repair program (including records of past MAWASCO included in the Water system leaks can be minimized leaks and unaccounted- for water to identify potential problem areas) operation of the through proper pressure management projects system • This is common in the informal settlements where residents illegally tap the water pipeline To be established • This will require constant inspection by MAWASCO officials and at operation Risk of illegal connection to the water installation of leak and burst detectors at designated areas along the phase and 3 MAWASCO pipeline pipeline. included in the • Conduct public sensitization programs on importance not interfering with operation of the the water pipeline and the need to seek official water connection from projects MAWASCO Water Discharges during flushing/cleaning of • Identify environmental issues that need mitigation during Project pipes to remove sediments is also a operation. potential impact in this phase. • Develop management plans and procedures needed to address the To be established environmental concerns at operation The major environmental aspect of water • Monitor and evaluate the performance against set targets phase and 4 pipe flushing is the discharge of flushed • Set a budget for environmental management; and restorations MAWASCO included in the water, which may be high in suspended • Schedule for revising and updating the ESMMP. operation of the solids, residual chlorine, and other • Initiate sensitization programmes on best practices on solid waste projects contaminants that can harm surface water management right from the source, sorting, transportation and disposal bodies harm terrestrial and aquatic fauna • Conducting an initial audit in the first year of operation of the projects and and flora subsequent annual audits of the operational activities. • Identify and assess SEA risks at the community level • Establish procedures to review and update risk assessments during project implementation Risk of Sexual Exploitation and Abuse by Contractor 5 • Assess the capacity and the availability of quality, safe and ethical 250,000.00 project workers against community members MAWASCO services for survivors • Conduct a SEA service mapping • Include SEA sensitive approaches in GRM MIBP 9-17 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO Provisional No. Issue Action required Responsibility Budget • Develop and implement a SEA Action plan including a prevention and Accountability and Response Framework (as detailed above) • Develop and implement SEA mitigation Plan • Consider having a SEA specialist in the supervision consultant’s team MIBP 9-18 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO 9.6 Decommissioning Flow Chart The Project has been designed to operate effectively for over 20 years. In the event that the infrastructure will be required to be overhauled, then steps should be considered in order to undertake the procedure in a structured manner with minimum impact to both human and natural environment as illustrated in Table 9.3 below. Table 9.3: Decommissioning Flow Chart Stage Action Actor Initiation Development of an Objective Worksheet and Step 1 checklist incorporating ref erences, legal and Proponent then policies Undertake decommissioning audit Prepare Road Map for Decommissioning Design Conduct design review to validate elements of Step 2 Proponent then the design and ensure design f eatures are incorporated in the decommissioning design. Public consultations Prepare and Award Contract Prepare a contract that incorporates validated Step 3 Proponent then Project inf ormation and award to a contractor as per the Procurement rules. Execute Decommission Works Implement design elements and criteria on the Project in accordance with specif ications and Step 4 drawings. Inspect during decommissioning and at Contractor Project completion to ensure that all design elements are implemented according to design specif ications. Commissioning Environmental Management Step 5 Contractor Plan Non-Conformance, Corrective/Preventive Action Step 6 Determine root cause Contractor Propose corrective measures Propose f uture preventive measures. MIBP 9-19 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO 10.0 FINDING AND CONCLUSION 10.1 Conclusion The Environmental and Social Impact Assessment (ESIA) undertaken for the Project indicates that the Project will have the following impacts: (i) The Project area is located within Malindi, Watamu Towns, Mambrui and Gongoni Trading Centres, these areas are influenced by anthropogenic activities and no sensitive environment ecosystems were identified along the Proposed Water line routes. Therefore, there will be no direct interaction of the Project activities at the time of construction with the natural sensitive ecosystems. (ii) The Environment and Social impacts will be less significant impacts which can be mitigated as discussed in Chapter 8 of this assessment. 10.2 Recommendations This assessment recommends the following provisions: (i) The Bid Documents prepared for the Project incorporates the Environment, Social Health and Safety Provisions discussed under Chapter 8 (Environment and Social Impact Assessment and Mitigation Measures). (ii) The Project Contract Document should include provisions for the contractor preparing and implementing site specific Environment and Social Management Plan (EMSP), Appendixes to the EMSP will include: ✓ Health, Hygiene and Safety Plan ✓ Labour Management Plan ✓ Child Protection Strategy ✓ Waste Management Plan ✓ Asbestos handling protocol and waste management plan ✓ Contractors Code of Conduct, including provisions on VAC, SEA, and SH ✓ GBV Action Plan, including: • SEA Prevention and Response Strategy • SH Policy • GBV Prevention and Mitigation Plan • SH Redress Mechanism ✓ HIV/Aids Prevention Strategy (iii) The Project supervising engineer will engage on a fulltime basis environment and social safeguards officers who will be in charge of ensuring compliance of the contractor to environment and social provisions provided by the ESIA and Construction Environment and Social Management Plans (CEMP) prepared by the contractor. The officer will participate in monthly and quarterly meetings and will generate monthly and quarterly environment and social safeguards compliance reports. (iv) The contractor should also recruit a community liaison officer who will act as a link between the community and the contractor. (v) At Project Implementation Stage, the Contractor will report to the Project management team comprising of the Consultant and the Project proponent MIBP 10-1 Preparation of Detailed Designs, Preliminary ESIA/RAP and ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT (ESIA) Tender Documents for Water Distribution Works for Mombasa REPORT FOR THE PROPOSED WATER DISTRIBUTION and 3WSPs SHORT TERM WORKS FOR MAWASCO monthly on how ESHS provisions detailed in this ESIA are addressed. (vi) At Project completion stage, within the defects liability Period, Coast Water Works Development Agency (CWWDA) shall initiate an Initial Environment and Social Audit and subsequent annual audits for the Project as required by EIA/EA Audit regulation of the year 2003. The audit will develop an Environment and Social Audit Action Plan (ESAAP) that will be used to track Project Environment and Social Compliance during Project operation. (vii) The RAP report prepared for the Project will be implemented in line with the provisions of the RAP as required by World Bank OP 4.12 on Involuntary Resettlement and shall be implemented prior to project commencement. The RAP findings are summarized in Table 10.1 below. Table 10.1: Summary of RAP Findings Item Description Affected PAPs 1 Malindi Town 1.1 PAPs who are Women 64 1.2 PAPs who are losing structures 123 1.3 PAPs whose livelihoods are af f ected 133 1.4 PAPs who are tenants 44 1.5 Total number of PAPs 194 2 Watamu Town 2.1 PAPs who are Women 18 2.2 PAPs who are losing structures 8 2.3 PAPs whose livelihoods are af f ected 36 2.4 PAPs who are tenants 18 2.5 Total number of PAPs 46 3 Mambrui Trading Centre - 4 Gongoni Trading Centre - TOTAL 240 Estimated RAP budget as presented by the RAP Report is Ksh. 15,001,300 MIBP 10-2 Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDICES MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs LIST OF APPENDICES Appendix 1 : Public Participation Minutes and List of Participants Appendix 2 : Chance Find Procedures Appendix 3: Abstract on Asbestos Cement Water Pipeline Health Risk and Handling Protocol Appendix 4 : Environment and Social Screening Checklist Appendix 5 : Grievance Redress Mechanism Appendix 5 : Lead Expert License 2019 MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDIX 1 PUBLIC PARTICIPATION MINUTES MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs PUBLIC CONSULTATIVE MEETING HELD BY THE CONSULTANT AND MAWASCO FOR CWWDA AT ASSISTANT CHIEF’S OFFICE IN SHELA on 25th July 2018 MEMBERS PRESENT 1. Assistant Chief 2. Village elders 3. Consultant representative 4. Person’s affected by Project (PAPs) AGENDA 1. legal and policy provisions with regard to RAP 2. Identified RAP impacts 3. Environment Impacts 4. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 2:00pm and asked one of the community members present to pray before the meeting begun. He thanked all the attendees for coming Further he explained the aim of the meeting was to hear the environmental and resettlement concerns associated with the project. The consultant representative thanked everyone for attending the forum, he further added that this was an open forum thus everyone should participate to make it a success. He urged the community to fully support the project as it would improve the water supply and distribution to the targeted areas. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS TO RAP and ESIA The consultant guided people present on legal and policy provision with regards to RAP. Land Act 2012 and World Bank OP 4.12 on Involuntary Resettlement were the main statutes which protect PAPs against impacts caused to them by development projects. Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. MIN 3/8/2018: RESETTLEMENT IMPACTS The meeting was informed that after census the below listed category of impacts were recorded in the settlement. (i) PAP’s whose structures used for business will be affected (ii) PAP’s whose business or sources of livelihood will be affected. Further the gathering was informed that the PAPs will be entitled to the below. (i) Loss of Structures will be replaced at full replacement cost, the owners will also be given three months’ notice to remove the affected asset and the right to salvage materials. (ii) Loss of Business: Affected businesses will be given cash grants equivalent to average income as a means of facilitation. (iii) Vulnerability: PAPs will be facilitated with an additional amount due to their stature. In addition, they will also receive preferential/ specialized assistance throughout the RAP process and priority in disbursement of compensation funds. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIN 7/8/2018: DUST AND AIR POLLUTION The meeting discussed this agenda at length with community members raising their concerns of how contractors normally avoid addressing this issue during project construction phase. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted Lorries will be used to suppress dust. MIN 8/8/2018: OPEN TRENCHES AND UNCOVERED EXCAVATIONS It was noted with concerns that this would become a safety matter during the project implementation period. The assistant chief suggested that in case any open trenches were to be left overnight or any time of the day, warning signs must be provided to alert members of the public. The employment of health and safety officers was also emphasized as a way of helping to guide the community on health and safety issues. MIN 9/8/2018: WATER POLLUTION The meeting was informed that this was likely to take place during the project implementation period when a lot of construction activities are going on and waste from project site is washed off into storm water drains around the area. In addition, oil spills from plant and equipment could take place leading to further pollution. They were informed that designated area for servicing of tools and machines used in the project would be clearly mapped out so as to avoid issues of spills contaminating the water. MIN 10/8/2018: VEGETATION CLEARANCE This came out as a concern by a village elder whose main worry was that due to the dryness of the area, during the clearing of the bushes, soil erosion might occur as a result. The consultant advised that clearing of vegetation would be minimized only to the project area and that this would ensure that there’s little effect on the soil. In addition, a follow up compensatory planting of trees will be mandatory to cub the effects. MIN 11/8/2018: PLENARY DISCUSSION The below listed issued in table below were discussed with the meeting at the plenary session. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs Plenary Discussion during the Meeting Key Issues Concerns, Response Malindi Town • The most concern of the The gathering was members who attended was informed that a separate how they will survive during the assessment referred to time the pipes were being laid. RAP will be prepared, any • They requested to be allowed person whose business Closure of to work when the construction has encroached into the business and loss was going on and that they pipeline easement will be of livelihood would not interfere with the appropriately works. compensated • A section requested to be facilitated through cash for the number of days that they would be disrupted. • This issue came up when the They informed that the business people with sheds Project is guided by World raised an alarm that they Bank Policy OP 4.12 and feared being chased away from Kenyan Constitution, their space when the project these policies safeguard Fear of space loss commences. interests of people and • They requested that the county that no one will loss Government should allow them business space to continue trading in the areas as they were complying with all the required fees. They gathering was informed that the EIA has provided for appropriate • The concern was that during mitigation measures Air and noise construction, dust and noise which will address pollution during including vibrations are concerns related to noise construction common and this might affect and dust, for instance the business contractor will be required to regularly suppress dust through water spray. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs PHOTO PLATE: A question being raised by one of the traders in the The area’s assistant chief about to address town the gathering Inputs being added by the participants A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs PUBLIC CONSULTATIVE MEETING FOR POTENTIAL PERSONS AFFECTED BY THE PROJECT HELD BY THE CONSULTANT AND MAWASCO FOR CWWDA AT THE ASSISTANT CHIEF’S OFFICE IN WATAMU on 24th July 2018 MEMBERS PRESENT 1. Chief 2. Village elders 3. Consultant representative 4. Stakeholders AGENDA 1. Legal and Policy Provisions with regard to ESIA 2. Project Positive Impacts 3. Environment Impacts 4. Plenary discussion MIN 1/8/2018: Introduction The chief called the meeting to order at 9am and a prayer was said by one the elders in attendance. He thanked all the attendees for coming Further he explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The consultant representative thanked everyone for attending the forum. He further added that this was an open forum thus everyone should participate to make it a success. He urged the community elders to fully support the project as it would improve the water supply and distribution to the targeted areas. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. MIN 3/8/2018: PROJECT BENEFITS The stakeholders were happy with the approach used by the consultant in seeking their views about the project especially the area chief. He added that the area was facing difficulties with water supply but also appreciated the work done by MAWASCO officers in Watamu towns in always addressing their issues. They both agreed that the project would bring positive and negative impacts to the town once it was implemented. Some of the positive impacts identified after the project’s implementation would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Improved health and nutrition of Watamu town people through consumption of treated safe water v. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions The meeting agreed that the removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line had been proposed from the hospital tank which very near the hospital hence could affect the patients. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: PLENARY DISCUSSION The below listed issued in table below were discussed with the stakeholders at the plenary session. Key Issues Concerns, Response Watamu Town • Stakeholders indicated that The meeting was Watamu town is a tourist town informed that the project to visit historical sites like the will be implemented by a Gede ruins and that they are competent contractor and Tourist town supporting the Project, a supervising engineering however, no open trenches and who will be hired by uncompleted project referred CWWDA, therefore no as “white elephants” will be cases of abandoned tolerated. projects are envisaged The response to this was that the EIA has provided • The concern was that a number mitigation measures such of accidents associated with as recruitment of health previous contractors have been Health and safety and safety officers reported in the towns before, so concerns during through the contract the community wanted to be civil works period by the contractor informed about mechanism that among other measure. will be put in place to mitigate The health and safety against such personnel will ensure Health and Safety Plans MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs are appropriately implemented. The residents were • The concern was associated informed that yes plans with the fact that the towns has are underway and that no sewer system and that through WaSSIP, Waste Waste residents depend on pit latrines Water Masterplan for Management Plans and septic tanks. The Watamu Towns and other for Watamu Town community members wanted to coastal towns has been know if plans are also prepared, the next step is underway for waste water implementation which will management be done once funds are secured Photo plate of the Public Baraza MAWASCO representative from Watamu office The residents following up the proceedings addressing the crowd of the meeting The assistant chief’s remarks being heard A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs PUBLIC CONSULTATIVE MEETING FOR POTENTIAL PERSONS AFFECTED BY THE PROJECT HELD BY THE CONSULTANT AND MAWASCO FOR CWWDA AT GONGONI CHIEF’S OFFICE on 27th July 2018 MEMBERS PRESENT 1. Assistant Chief 2. Village elders 3. Consultant representative 4. Stakeholders AGENDA 1. Legal and Policy Provisions 2. Environment Impacts 3. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 8:30am. She thanked all the attendees for coming Further she explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The issue of the low turnout was noted by the chief who said to make a further follow up on why the villagers weren’t attending meetings. The consultant representative thanked everyone for attending the forum and assured them that their views would be well captured as the project was coming to their benefit. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS TO ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. In addition, he added that the area was clear of any encroachments as they had walked around with the chief to ensure that no one affected was being left out. MIN 3/8/2018: PROJECT POSITIVE IMPACTS The MAWASCO area representative appreciated the work that was being done by the consultant and emphasized that the project would really improve their existing distribution networks. This was also seconded by the area assistant chief. They both agreed that the project would bring positive impacts to the town once it was implemented. Generally, once it was implemented no negative impacts would rise since the area needed the water. Some of the general positive impacts identified after the project’s implementation would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Improved health and nutrition of Gongoni people through consumption of treated safe water v. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions. The meeting agreed that the removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line had been proposed from the hospital tank which very near the hospital hence could affect the patients. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: PLENARY DISCUSSION The below listed issued in table 2 below were discussed with the stakeholders present at the plenary session. Key Issues Concerns Response Gongoni Trading Centre The project will be implemented under the provisions of this EIA, Residents complained that the the EIA has proposed measures Centre is dominated by salt that will be adopted by the Salt Trucks and related transporting trucks, this contractor in order to mitigate impact to the Project situation has resulted to social against Gender Based Violence, (Social Evils) evils caused by drivers of the Sexual harassment, HIV Aids trucks spread, child protection provisions amongst other anti- social behaviors. Residents complained that the The EIA has provided mitigation Centre is dominated by salt measures such as recruitment of transporting trucks, this health and safety officers Salt Trucks and related situation could increase risks through the contract period by impact to the Project associated with accidents the contractor among other (accidents) involving salt trucks and measure. The health and safety contractors’ plant and personnel will ensure Health and equipment Safety Plans are appropriately implemented. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs Photo plate of the Public Baraza Village elder addressing the residents at the The residents following up the gathering proceedings of the meeting. MAWASCO official addressing the residents A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs PUBLIC CONSULTATIVE MEETING FOR POTENTIAL PERSONS AFFECTED BY THE PROJECT HELD BY THE CONSULTANT AND MAWASCO FOR CWWDA AT ASSISTANT CHIEF’S OFFICE IN MAMBRUI on 26th July 2018 MEMBERS PRESENT 1. Assistant Chief 2. Village elders 3. Consultant representative 4. Stakeholders AGENDA 1. Legal and Policy Provisions 2. Environment Impacts 3. Plenary discussion MIN 1/8/2018: Introduction The assistant chief called the meeting to order at 8:30am. She thanked all the attendees for coming Further she explained the aim of the meeting was to hear the environmental and resettlement action concerns of the stakeholders on the project and advice on the same. The issue of the low turnout was noted by the chief who said to make a further follow up on why the v illagers weren’t attending meetings. The consultant representative thanked everyone for attending the forum and assured them that their views would be well captured as the project was coming to their benefit. MIN 2/8/2018: LEGAL AND POLICY PROVISIONS WIT H REGARDS TO ESIA Legal Requirement: EMCA 1999 amended in 2015 to align to Kenyan Constitution 2010 and EIA/EA 2003 and World Bank Operation policies requires that during preparation of EIAs of such as Project, all relevant stakeholders are identified and consulted with regards to the proposed Project. In addition, he added that the area was clear of any encroachments as they had walked around with the chief to ensure that no one affected was being left out. MIN 3/8/2018: PROJECT POSITIVE IMPACTS The MAWASCO area representative appreciated the work that was being done by the consultant and emphasized that the project would really improve their existing distribution networks. This was also seconded by the area assistant chief. They both agreed that the project would bring positive impacts to the Centre once it was implemented. Generally, once it was implemented no negative impacts would rise since the area needed the water. Some of the general positive impacts identified after the project’s implementati on would be; i. Creation of employment to the youth around the area ii. Supply of clean and safe water for domestic usage iii. Reduced exposure to health risks posed by consumption of untreated water from existing community water schemes iv. Improved health and nutrition of Mambrui people through consumption of treated safe water v. Provision of clean reliable safe water supply will eliminate water burden to women and girl child, this will allow women to engage in other economic activities while girl child concentrate on education MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIN 5/8/2018: VEGETATION CLEARENCE This was discussed briefly by the chief as a concern especially with conservation issues around the area. It was normal for contractors to clear the bushes without doing a follow up to ensure that the area is left in good conditions. The meeting agreed that the removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. MIN 6/8/2018: DUST AND AIR POLLUTION The consultant told the stakeholders that this might be caused by emissions from construction plant and equipment which include dust and gaseous emissions. It was concern as a line had been proposed from the hospital tank which very near the hospital hence could affect the patients. They were advised by the consultant’s representative that strict measures were being put in place and one being that water sprays fitted lorries will be used within 200meters of human settlements or any sensitive receptor to suppress the dust produced. MIN 7/8/2018: WATER POLLUTION It was most likely to result from the construction phase, various liquid wastes including grey and black water, concrete washings, runoff from camp and workshop areas would find their way to the existing water points around the area. The consultant assured the stakeholders that the contractor would be advised to direct water containing concrete or chemicals to a conservancy tank for removal to where applicable. In addition, ensure proper handling of lubricants, fuels and solvents while maintaining the equipment. MIN 8/8/2018: PLENARY DISCUSSION The below listed issued in table 2 below were discussed with the stakeholders present at the plenary session. Key Issues Concerns Response Mambrui Centre • The residents emphasized The response was that no persons will be that Mambrui Centre is an old impacted since a preliminary transect walk Arab Centre and that the along the water pipeline routes established project is important since the that routes are free from encroachment Centre has been experiencing Old Centre perineal water shortage. They wanted to know whether people along the roads and water pipeline will be impacted • Residents wanted to know They were informed that water connections Modalities of modalities of getting a water will be spearheaded by the local office of connection connection once the project is MAWASCO after commissioning complete • Social evils like drugs and The project will be implemented under the alcohol, school drop outs provisions of this EIA, the EIA has proposed Discipline among were some of the fears raised measures that will be adopted by the the villagers and by the residents. These would contractor in order to mitigate against Gender the contractor normally occur due to the Based Violence, Sexual harassment, HIV cash flow that will come in. Aids spread and child protection provisions Gongoni Centre MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs Photo plate of the Public Baraza The assistant chief opening the meeting The residents listening to the chief MAWASCO official addressing the residents A question being answered MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs OUTCOME OF INSTITUTIONAL CONSULTATIONS INSTITUTION ISSUES DISCUSSED • MAWASCO will be available to assist the Consultant throughout the ESIA/RAP process • MAWASCO will avail their officer to attend Public participation MAWASCO - forums organized by the Consultant Project Officer • The design team should as much as possible retain the same pipeline alignment for Asbestos Cement lines to be replaced, because this will reduce cases of line change over once the project is complete. MAWASCO – • MAWASCO welcomes the Consultant Deputy • MAWASCO will help the Consultant to mobilize and organize Commercial for the Public Participation Forums. Manager Interior – Assistant • He welcomed the Consultant in his area of jurisdiction County • His office will work with the Consultant and offer the necessary Commissioner security required • The area chief welcomed the Consultant and wanted to be given an overview of the consultant’s scope of work Chief- Malindi • The chief advised the Consultant to involve the assistant chiefs Location and village elders to identify and verify details of project affected persons PAPs during the resettlement action plan process and also to organize stakeholder consultation forums. • She advised the Consultant to organize a Public Participation Forum with the locals that will introduce the Consultant to the public before commencement of the Resettlement Action Plan Assistant chief- process, this she noted will help the process to proceed Musabaha Sub- smoothly with minimum resistant from Project Affected location Persons. • She also advised that the Consultant should engage Village Elders and youth to assist in the data collection process. • The area manager welcomed the Consultant in his area of jurisdiction • He advised the Consultant to engage all the stakeholders as this will greatly reduce resistance towards the project, he also KIMAWASCO- promised to be available for all public participation forums Area Manager organized by the consultant Watamu • The area manager noted that areas near Baracuda Hotel that already have a distribution network the design team should explore options of shifting the line to other areas but within Watamu. • The Area Chief welcomed the Consultant to his area, he informed the team that the road from Gede to Watamu is not heavily encroached because most trader were removed during expansion of the same road. Assistant Chief - • Those that are still doing business on the way leave of the pipe Watamu line that has been earmarked for replacement will be easy to handle because their structures are temporary. • The Area Assistant Chief further informed the team that he will start sensitizing the community about the proposed project in his subsequent barazas. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs INSTITUTION ISSUES DISCUSSED • The Area Assistant Chief welcomed the Consultant and requested to be informed more on the Consultants scope of work Assistant Chief - Shela • He offered to avail Village Elders to do a reconnaissance survey with the Consultant and identify exact areas where the pipelines will be replaced so that he can organize a very objective Public Participation Forum. • The Chief advised the Consultant to first do an inclusive Public Participation Forum with the residents who are within the target area, this he noted will introduced the Consultant to all residents Senior Chief- making them more cooperative in the subsequent activities. Mambrui • The Area Chief also advised the Consultant to conduct proper due diligence on the size of the road reserve because most roads in the area were surrendered by residents as access routes. • The Chief welcomed the Consultant in his area and promised to offer them necessary security required. • He promises to avail a Village Elder who will move around with Senior chief - the Consultant during the entire data collection process Gongoni • He also promised that he will use all his forums to sensitize residents about the proposed project and also gather any concerns that residents might have towards the proposal Coastal Region • KeNHA in collaboration with KURA has embarked on a Rapid Manager KeNHA Results initiative of beaconing all road reserves of all class A and B roads in the coast. • After beaconing the road reservs will be clear and that those who have encroached will be required to move. • CWWDA when implementing the water pipeline project should seek for approvals before laying the water pipes with the road reserves. • Before approval is granted, KeNHA / KURA will assess the request in line with the roads development master plan and advise CWWDA appropriately MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs LIST OF ATTENDANCE MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDIX 2 CHANCE FIND PROCEDURES MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT PROJECT REPORT (ESIA) FOR IMPROVEMENT OF WATER DISTRIBUTION NETWORK WITHIN (MAWASCO) JURISDICTION MALINDI PROJECT AREA Policy and Legal Provision National Museums and Heritage Act 2006 laws of Kenya provides for; ‘if you believe that you may have encountered any archaeological materials or any material national importance stop work in the area and follow the procedure box below’ Chance Find Procedures (i) All construction activity in the vicinity of the remains is to cease immediately. (ii) The Supervising engineer or Environment Officer shall contact Kenya National Museums Immediately Public relations: E-mail: publicrelations@museums.or.ke Director General:- Email: dg@museums.or.ke Fax: +254 -20-3741424 Tel:+254-20-8164134/35/36 (iii) The find location will be recorded and all remains will be left in place. (iv) Potential significance of the remains will be assessed and mitigative options will be identified. (v) If the significance of the remains is judged to be sufficient to warrant further action and they cannot be avoided, then the Director of Kenya National Museums will determine the appropriate course of action (vi) In the case of human remains, if the remains are assessed to be archaeological, then Director of Kenya National Museums will determine how to handle them. (vii) Options could include avoidance or respectful removal and reburial. (viii) If human remains are encountered and they are not archaeological, then Kilifi County Government will be contacted immediately for appropriate reburial. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDIX 3 ABSTRACT ON ASBESTOS CEMENT WATER PIPELINE HEALTH RISK MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR MAWASCO WATER DISTRIBUTION PIPELINES IMPROVEMENT PROJECT ABSTRACT ASBESTOS CEMENT DRINKING WATER PIPES AND POSSIBLE HEALTH RISKS REVIEW Introduction Asbestos cement pipes have been widely used in many countries for many years, although installation of new asbestos cement water pipes has declined significantly over the past 10 years because of difficulties in handling, public perception and the availability of better materials (HDPE pipes). The health effects resulting from chronic inhalation of asbestos dusts are well established and include asbestosis and mesothelioma, a highly characteristic cancer of the lung. There is a very good qualitative understanding of the effects of inhaled asbestos fibres and the physical characteristics of the fibres are considered to be very important in determining their ability to cause disease. Concern that ingested asbestos fibres could also lead to possible health effects has resulted in this topic having been widely studied by both epidemiology and by studies in laboratory animals. Occurrence of asbestos fibres in drinking water Measurement of asbestos fibres in food and water is extremely difficult and requires the use of highly specialised techniques involving electron microscopy. Analysis for asbestos fibres in drinking water is not, therefore, carried out on a routine basis. However, research has indicated that most waters, whether or not distributed through asbestos cement pipes, contain asbestos fibres. Asbestos cement pipes do give rise to an increase in the numbers of asbestos fibres in drinking water in some circumstances (Chatfield and Dillon 1979, Webber et al 1989 Millette et al 1983, Conway and Lacey 1984), although studies from Italy showed that the numbers of fibres in water passing through asbestos cement pipes was apparently independent of the aggressiveness of the water. This was considered to be due to inorganic deposits and organic slimes on the surface of the pipes that acted as a physical barrier to fibres entering the water. The Italian studies also indicated that the highest number of fibres appeared just after the installation of new pipes but this decreased rapidly As indicated above, the physical characteristics, including fibre dimensions and surface properties, are an important factor in the pathogenicity of asbestos. In general, the fibres that are considered to be of significantly greater risk are long thin fibres of greater than 8 mm length and less than 1.5 mm in diameter. In the WRc studies, the fibre size was predominantly less than 5 mm in length and that only one of 13 drinking water sites showed greater than 1 million fibres per litre. Epidemiological Studies The findings in the ESIA on health risks associated with Asbestos Cement Drinking Water Pipes and Possible Health Risks have discussed in reference to empirical research work done by John K Fawell (2002). The abstract from the research is para phrased below. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs “The World Health Organisation considered asbestos in drinking water arising from asbestos cement pipe in their 1993 edition of the Guidelines for Drinking Water Quality. The guidelines state “Although well studied, there has been little convincing evidence of the carcinogenicity of ingested asbestos in epidemiological studies of populations with drinking water supplies containing high concentrations of asbestos. Moreover in extensive studies in laboratory species, asbestos has not consistently increased the incidence of tumours of the gastrointestinal tract. There is therefore no consistent evidence that ingested asbestos is hazardous to health and thus it was concluded that there was no need to establish a health-based guideline value for asbestos in drinking water ”. The assessment also referred to other epidemiological studies carried that clarify possible health risks associated with asbestos cement drinking water pipelines and possible health risks are summarized below 1. Studies carried out in the San Francisco Bay area of California found some positive associations with gastrointestinal, peritoneal and lung cancer (Kanarek et al 1980) and a follow up study by Conforti et al (1981) found a significant excess of colon cancers in males and peritoneal cancers in females. There were, however, a number of serious flaws in these studies, not least of which was inappropriate statistical analysis and the fact that population mobility in the area was particularly high, so there was considerable uncertainty regarding the exposure period. There was also a lack of control for several important confounding variables. 2. A study in Quebec (Wigle 1977, Toft et al 1984) found that in areas of very high drinking water asbestos, there was an increase in overall cancer mortality in men, slight increases in stomach cancer in men and pancreatic cancer in women but no excess of overall cancers of the gastrointestinal tract. The authors concluded that the excess in males was probably due to occupational exposure. There were a number of flaws due to the lack of control for a significant number of confounding variables. 3. Epidemiological studies were also carried out in two areas where asbestos cement pipes had been extensively used. In Connecticut, studies by Harrington et al (1978) and Meigs et al (1980) found no consistent patterns of cancer associated with ingestion of asbestos from drinking water. However, there were limitations to both studies. 4. In Florida, a study in Escambia County by Millette et al (1983) concluded that there was no observed association between asbestos cement pipe and cancer mortality but noted that the study would not be sufficiently large to identify small changes. 5. In Washington State there have been studies of the impact of naturally occurring asbestos fibres in drinking water in the Puget Sound area. The first by Polissar et al (1982) found consistent associations with cancer of the small intestine but these were not statistically significant. A number of other positive and negative associations were also observed but none of these was consistent throughout the study groups. 6. In 1984, Polissar et al published a case control study as a follow up to the original ecological study. This second study was more sensitive than the ecological studies and was considered to be the best study to date. This found no consistent evidence of an increased risk of cancer from ingestion of asbestos fibres in drinking water. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs Provisions of Good Practice Note: Asbestos: Occupational and Community Health Issues of the World Bank The note provided that good practice is to minimize the health risks associated with Asbestos Cement Material (ACM) for water pipes by avoiding their use in new construction and renovation, and, if installed asbestos-containing materials are encountered, by using internationally recognized standards and best practices including Kenya’s Water Quality Regulations of 2006 as listed below their impacts shoul d be mitigated. 1. ISO 10312 (1995): Ambient air -- Determination of asbestos fibres -- Direct transfer transmission electron microscopy method 2. ISO 13794 (1999): Ambient air – Determination of asbestos fibres – Indirect-transfer transmission electron microscopy method. 3. ISO/FDIS 16000-7: Indoor air – Part 7: Sampling strategy for determination of airborne asbestos fibre concentrations. 4. ISO 8672: Air quality -- Determination of the number concentration of airborne inorganic fibres by phase contrast optical microscopy -- Membrane filter method 5. Kenya’s EMCA 2015: Waste Management Regulations, 2006 (Fourth Schedule Y36 Wastes containing asbestos in the form of dust or fibres) 6. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal The World Bank Good Practice Note on Asbestos refers to Health hazards from breathing asbestos dust include asbestosis, a lung scarring disease, and various forms of cancer (including lung cancer and mesothelioma of the pleura and peritoneum). These diseases usually arise decades after the onset of asbestos exposure. Mesothelioma, a signal tumor for asbestos exposure, occurs among workers’ family members from dust on the workers’ clothes and among neighbours of asbestos air pollution point sources. Some experimental animal studies show that high inhalation exposures to all forms of asbestos for only hours can cause cancer. Very high levels of airborne asbestos have been recorded where power tools are used to cut A-C products and grind brake shoes. Mitigation against Risk Associated with exposure to Asbestos fibre / dust Therefore, with an understanding as per the analysis (above) and as provided by the International Labor Organization (ILO) that established an Asbestos Convention (C162) in 1986 to promote national laws and regulations for the “prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Project involves replacement of Asbestos Cement (AC) Mains. To mitigate Environmental Health and Safety issues associated with handling and disposal of AC Mains, the mains will be decommissioned and left below the ground since there is no licensed hazardous waste disposal site nearby . In the event decommissioning and disposal has to be carried out, the following mitigation measures shall be implemented within the Project Area: 1. Proper mapping of existing asbestos cement pipes as provided in the layout plans in the Project Design Report will be done by the Client Technical Team. A work plan will be developed prior to demolition work, to protect workers, the general community and provide for proper waste disposal. This will be guided by a detailed MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs risk assessment to be conducted by a duly registered occupational safety and health advisor, as per the OSHA (2007) and NEMA (2013) Guidelines for safe management and disposal of asbestos. The advisor will be retained on site by the contractor before commencing works and during the works along the affected pipeline sections. 2. Filing Notification to NEMA as per the NEMA notification from (providing information on the location, condition of the materials, estimated quantities involved, the quantities to be disposed etc.) 3. Asbestos Cement Material (ACM) shall be decommissioned and left buried as the safest means of disposal. 4. Protection from “retaliatory and disciplinary measures” of workers who remove themselves from work because they believe ACM poses a danger to their health 5. Provision of appropriate Personal Protective Equipment (PPEs) for workers 6. Provision of adequate changing rooms on site and at campsite and wash facilities to prevent dust from being carried to homes 7. Training of workers about the health hazards of ACM to themselves and their families. The training shall further involve inspections, maintenance, removal, or laboratory analysis of waste material where need be. 8. Periodic medical examination of workers during the contract period as per the OSHA (Medical Examination) Rules, 2005 9. Periodic air monitoring of the work environment with records filed at the local NEMA office in Malindi. Further, the National guidelines on safe management and disposal of asbestos by National Environment Management Authority (NEMA) 2013 also provide measures for safe handling and storage of asbestos material as summarized below. Removal of asbestos shall adhere to the listed provisions below. 1. Secure the site to prevent unauthorized persons and to restrict movement 2. Wet the asbestos sheets before removal. If asbestos sheets should begin to crack or crumble, immediately wet the cracked or broken areas with the pintsize spray bottle or garden pump sprayer. NB. Breakage releases asbestos fibres. 3. Remove pieces of asbestos sheets by pulling any fasteners (nails, screws, rivets) or cutting fastener heads so as to minimize breakage. If necessary, carefully lift asbestos sheets with pry tools to expose the fasteners’ heads. 4. Do not slide asbestos sheet over each other. 5. Carefully lower removed asbestos sheets to the ground. Do not throw or drop it. 6. Care should be taken not to stand or sit on the asbestos sheets to avoid breakage. 7. The workers removing the asbestos must have the appropriate Personal protective equipment as defined in the NEMA guidelines (including: Respirators, coverall, eye protection and rubber boots) which must be removed as they enter the shower room immediately after removal of the asbestos Temporary Storage of asbestos shall adhere to the listed provisions below 1. Temporary storage refers to the time between removal and final disposal of asbestos waste. 2. The duration for temporary storage of asbestos waste should not exceed thirty (30) days from the time of removal. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs 3. The temporary site should be within the premises where the asbestos is being removed. 4. The removed bulky asbestos, such as roofing sheets, beams, joists, and studs, should be stacked and wrapped, into stacks which can be easily loaded into the transportation vessel, in a plastic sheet of a minimum of 500 gauge double wrapped and secured with tape and labelled 5. Any debris (broken pieces) should be collected in a sealed polythene woven bag or any other air tight container. The bags should then be wrapped, into stacks which can be easily loaded into the transportation vessel, in a polythene sheet awaiting final disposal. 6. The bags should be considered full when half full and should be tightly sealed or when filled up to a level where the open neck can be twisted tightly, folded over into a "gooseneck," and the ends sealed to the side of the bag with heavy plastic tape such as duct tape. 7. Care should be taken to ensure that sharp pieces do not puncher the bags/ wrappers Removed asbestos sheets should not be allowed to lie about the site where they may be further broken or crashed by machinery or site traffic. 8. The storage area must have restricted entrance and locked or secured on a 24- hour basis. 9. Warning label (“Asbestos hazard area, keep out”) and danger signs should be affixed to each wrapped stack or storage area using English, Swahili and Local language 10. The contractor shall maintain Asbestos waste tracking documents as per the EMC (Waste Management) Regulations MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDIX 4 ENVIRONMENT AND SOCIAL SCREENING CHECKLIST MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs APPENDIX 5 GRIEVANCE REDRESS MECHANISM MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs GRIEVANCE REDRESS MANAGEMENT PLAN This ESIA provides for a Grievance redress mechanisms (GRM) includes instruments, methods, and processes by which a resolution to a grievance is sought and provided. The processes are as shown below. (i) Local Residents Complaints Procedure The purpose and scope of local resident’s complaints procedure is to ensure all complaints from local residents are dealt with appropriately with corrective actions being implemented and the complainant being informed of the outcome. It will be applicable to all complaints received from any local within the project area. The contractor will employ a Community Liaison Officer and or sociologist who will be responsible for collating written complaints and co-coordinating responses to all complaints. (ii) Procedure All complaints shall be handled in accordance with the flowchart in below. Both verbal and written complaints are to be entered a Grievance Complaint Log. When receiving a complaint all employees shall refer the complainant to the Community Liaison Officer (CLO) or the resident engineer. The person receiving a complaint shall ensure that the Grievance Complaint Log is completed. The form shall then be forwarded to the Community Liaison Officer who will assign it a number. The Community Liaison Officer shall ensure that all actions are made to close out the complaint. (iii) Grievance Complaint Log Ensures that each complaint has an individual number and that tracking and recording actions are carried out. It also records who is responsible for an individual complaint and records dates for the following actions: • Date the complaint was reported; • Information on proposed corrective action sent to complainant (if appropriate); • The date the complaint was closed out; and • Date response sent to complainant. (iv) Responding to a Complaint All complaints shall be responded to in writing, though a verbal response will be provided as well if this is more appropriate in the circumstances (e.g., where the complainant cannot read). All complaints must be responded to within two weeks of being received, even if the response is just a summary of what is planned and when it is likely to be implemented. Further correspondence should be given once the complaint is closed out. (v) Monitoring Complaints The CLO through the contractor will be responsible for providing a Monthly report detailing the level of complaints and any outstanding issues to be addressed. Monthly reports will include analysis of the type of complaints, levels of complaints and action taken to reduce complaints. The CLO shall file all documentation related to complaints in a file in his office. MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs Stakeholder Engagement Plan (SEP) Grievance Environmental Resolution & Social Flow Chart Impact Assessment Report Complaint Received Record date on Close out of Complaint (verbally or writing) the Complaint Log Complete Complaint Action Form Complete Immediate Action Section (if Appropriate) and assign responsibility YES NO Immediate action enough to satisfy complaint Establish long-term corrective action Establish follow-up details Inform complainant (if appropriate) of Record date on the proposed corrective action the Complaint Log Implement the corrective action Carry out follow-up of the Record date on corrective action the Complaint Log YES NO Corrective action satisfies the complaint APPENDIX 6 Inform complainant of Record date on corrective action the Complaint Log LEAD EXPERT LICENSE 2019 MIBP Preparation of Detailed Designs, Preliminary ESIA/RAP and Tender Documents for Water Distribution Works for Mombasa APPENDICES and 3WSPs MIBP