EIA-Shajanand Petrol Station

MAY 2013
ENVIRONMENTAL IMPACT ASSESEMENT REPORT

PROPOSED PETROL STATION DEVELOPMENT ON
PLOT L.R.NO. 631/1183, KERICHO MUNICIPALITY,
KERICHO COUNTY FOR SHAJANAND HARDWARES
LIMITED

[This Environmental impact assessment Project report has been
submitted to the National Environment Management Authority
(NEMA) in conformity with the requirements of the Environmental
Management and Coordination Act, 1999 and the Environmental
(impact Assessment and Audit) regulation]

AUGUST 2012
[SHAJANAND HARDWARES LTD]
[P. O. BOX 1485]
[KERICHO]

Environmental impact assessment

Shajanand Hardware Limited, May 2013
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Executive summary
This environmental impact assessment project report contains findings of the foreseen environmental
impacts and their mitigation measures, on the proposed project. The Environmental Impact Assessment
project report looked into possible environmental impacts that the proposed project will have on the
natural and human environment. It is a systematic, documented and objective evaluation of the associated
activities such as environmental organization, management and equipment that will be performing with
the aim of helping to safeguard the environment by;
Facilitating the management to adhere to environmental policies
Assessing compliance with its policies, which includes meeting the regulatory requirements.
Protecting the management from possible execution for breach of environmental legislation as
stipulated in the Act.

It is for this reason that the Environmental Impact Assessment project report looks into
possible/potential environmental impacts that the proposed project is likely to cause. The effects that are
likely to be encountered in both natural and human environment have been taken into consideration.

Shajanand Hardwares Limited, herein referred to as the proponent intends to develop a petrol station at
Kericho Municipality in Kericho County. The proposed project will be on Plot No. 63/1183 which is
situated along Kericho-Nakuru road and Kimungu Road within Kericho town. It can also be located
through GPS coordinates X: 35.293730, Y: 0.363278, elevation; 2053.5 The main objective of the
proposed project is to provide petroleum fuel, lubricant oils, Liquefied Petroleum Gas, break fluids,
battery acid and battery water, tyre centre, wheel alignment, service bay, parking space, commercial office
spaces to let and a residential block among other activities to its esteemed clients. It is anticipated that the
proposed development will enhance the provision of a Petroleum Dispensing Site (PDS) for the
motorists along Kericho-Nakuru road and residents of Kericho Town and provide affordable commercial
spaces and residence.

The project will comprise of
Five pump isles (two for super, two for diesel and one for kerosene)
Three underground steel petroleum storage tanks (USTs)
A heavy duty covered man hole for each of the UPSTs
Service bay
Car wash bay
Compressor room
Generator room
Lubricant Mart

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Oil receptor tank
Store
Changing rooms
Storm Water Drains
Canopy over pumps;
Station shop, stores and offices
Air and water point
Sanitary facilities
A conservancy tank
Associated piping and wiring work
Parking bay
A four storey commercial block, with basement
A four strorey residential block

The listed components above were evaluated for potential interaction during the project phases (i.e.
construction, operation and decommissioning), including malfunctions or accidents that may occur.
These interactions were evaluated for potential significance after application of technically and
economically feasible mitigation measures where appropriate to reduce or reduce or eliminate potential
adverse project related environmental effects. Environmental monitoring and follow up measures will be
undertaken, where necessary to ensure compliance with applicable regulations, standards and guidelines as
well as to verify impact predictions and refine mitigative measures where required.

Pursuant to the prevailing legal requirements as envisaged in the EMCA and to ensure sustainable
environmental management, the proponent undertook this EIA project report for the petrol service
station, its allied infrastructure and incorporated substantial environmental aspects. This EIA project
report thus provides relevant information and environmental considerations on the project proponents
intention to seek approval from NEMA for the development of the proposed project.

Aim of the Environmental impact Assessment
The main aim of conducting the Environmental Impact Assessment was to provide the management with
Environmental Policies which will guide them in safeguarding the environment during the proposed
project development.


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Objectives of the Project
The goal of the project as envisaged by the proponent is to develop petroleum-dispensing site that
delivers quality petroleum products to its customers in a safe, healthy and environmentally sound manner.
In order to achieve these goals, the objectives of the project are to:
Construct a petrol service station, a commercial block and residential block in accordance with
local and international design standards using materials of construction that are locally available
in Kenya and the client.
Create employment for operating the service station by engaging professionally qualified
individuals
Ensure optimum sourcing of quality and unadulterated petroleum products in bulk for resale to
the service station customers, and
Operate the service station with an EHS management system commensurate with the potential
risks associated with petroleum dispensing sites

Foreseen impacts
Various potential malfunctions and accidental events that may occur during the project include; fires and
explosions and product spills. Design features and procedures will be incorporated to minimize the
probable occurrence of malfunction and accidental events. Proven engineering techniques are available to
prevent these accidents and will be employed for the project. Safety spill response and contingency plans
will be developed and implemented to reduce adverse environmental effects of such unlikely incidents.
All safety procedures will be documented and in place prior to commencement of operations and
emergency response and contingency plan is expected to reduce the magnitude of effects resulting from
fire and other serious accidental events. Effects of the environments on the project were evaluated as part
of the assessment.

Project facilities will be designed and installed based on appropriate environmental design criteria to
ensure safety and integrity of these facilities during severe environmental conditions. All project facilities
will be constructed with appropriate meteorological and climatological data. In conclusion, the proposed
petrol station project is not likely to have adverse effects on the environment. The effect from routine
project construction, operation and decommissioning activities are therefore predicted to be no
significant for all components with the exception of land use and economic development for which
positive effects are predicted during construction and operation phase. Positive effects on land use are
predicted based on compliance with zoning stipulations for the development of land for its intended use.
The project will contribute to the development of the petroleum, commercial and housing sectors in
Kenya by establishing a viable facility and operation that will results in economic benefit for Kericho

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County. The adverse environment effects will be reduced to acceptable levels through the use of
technically and economically feasible design and mitigation measures.

Table 1 provides a summary of anticipated negative impacts and mitigation measures privy to
Completion, Operation & Maintenance and Decommissioning Phases of the proposed development.

Table 1: Anticipated Negative Impacts and Mitigation Measures
Impact/ Issue Mitigation
1 Solid Waste
Reuse of construction debris will be encouraged
Separate waste appropriately to recover re-usable prior to disposal
A licensed private contractor will be engaged to appropriately dispose off all the solid
waste that shall not have been reused on completion of the work
Train workers on risk associated to inhalation of dust and appoint at least one person to
ensure proper dressing and waste handling by the workers
Provide workers with appropriate protective gears including nose and mouth masks
Appropriate bill of quantity will be prepared to minimize left over
Reduce the amount of waste generated by accurate budgeting to cut off on excesses that
may expire before use
Separate waste appropriately to recover re-usable prior to disposal
Ensure bins are erected appropriately, labeled and regularly being emptied and cleaned
Engage a licensed private contractor to appropriately dispose off on a regular basis the
anticipated solid waste
2 Controlling soil erosion
Top soil protection
Stage site clearance works so as to minimize the area of exposed soil at any given time.
Re-cover exposed soils with grass and other ground cover as soon as possible.
Temporarily bund exposed soil and redirect flows from heavy runoff areas that threaten
to erode or result in substantial turbid surface runoff to adjacent drainage waters.
Monitor areas of exposed soil during periods of heavy rainfall throughout the
construction phase of the project to ensure that any incidents of erosion are quickly
controlled.
Leveling of the project site to reduce run-off velocity and increase infiltration of storm
water into the soil
Building of physical barriers to prevent mass movement where necessary.
The immediate surrounding area should be kept as clean as possible to enhance
monitoring.
Avoid soil extractions during rainy periods

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3 Compaction Soil
aeration
Soil should be loosened up using ploughing techniques.
Soil with cement or other construction contaminants should be treated appropriately to
enable growth capacity.
4 Construction waste and
material handling waste
management
A site waste management plan should be prepared by the contractor prior to
commencement of building. This should include designation of appropriate waste storage
areas, collection and removal schedule, identification of approved disposal site, and a
system for supervision and monitoring.
Preparation and implementation of the plan must be made the responsibility of the
building contractor with the system being monitored independently.
Special attention should be given to minimizing and reducing the quantities of solid waste
produced during site preparation and construction.
Any vegetation and combustible waste must not be burned on the site.
Reusable inorganic waste (e.g. excavated sand/soils) should be stockpiled away from
drainage features and used for in filling where necessary and/or possible.
Unusable construction waste, such as damaged pipes, formwork and other construction
material, must be disposed of at an approved dumpsite. Chemical waste should be
handled as per their Material Safety Data Sheet (MSDS) requirements.
5 Loss of terrestrial habitat
& biodiversity Re-
vegetation
protecting the existing individual vegetation as much as possible and
set a replanting and landscaping programme that focuses on increasing green area
The proponent will ensure proper demarcation of the project area to be affected by the
construction works. This will be aimed at ensuring that any disturbance to flora is
restricted to the actual project area and avoid spill over effects on the neighbouring areas.
In the same vein, there will be strict control of construction vehicles to ensure that they
operate only within the area to be disturbed by access routes and other works.
Advice from relevant departments will be sought before clearing any major tree species if
need arises.
6 Materials stockpiling &
storage
The stockpiling of construction materials should be properly controlled and managed.
Fine-grained materials (sand, marl, etc.) should be stockpiled away from any surface
drainage channels and features.
Low perimeter berms should be placed around the piles of sand and marl and/or
tarpaulin used to cover open piles of these materials to prevent them from being washed
away during rainfall.
Safe storage areas should be identified and retaining structures put in place prior to the
arrival and placement of material to limit fugitive dust.
Materials to be delivered on site in installments.

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7 Impervious surfacing &
paving increased run
off.
Water runoff will be handled by construction and designing of curbs, channels, side inlets
and road side ditches to channel water into the main drainage lines. These must be
designed to prevent ponding and flooding of Kericho-Nakuru Road, Kimungu Road and
the adjacent properties.
All drainage lines will be kept open and no obstruction shall be built within these lines.
Standard concrete sidewalks to the building entrance and the backyard spaces between
the main building and perimeter wall will be abandoned in favour of grass verges. This
will facilitate percolation.
8 Timber scaffolding &
form support forest
depletion
The use of local timber should be kept to a minimum with such sources being approved
by the relevant authorities such as Kenya Wildlife Service and the Forestry Service.
Steel scaffolding should be used in preference to timber and the Contractor should
ensure that sufficient quantities of scaffolding are available for hire at the time of
construction.
9 Roadside vending
unsightliness & littering
The contractor should identify, demarcate and fence a specific area within which specific
number vendors will be allowed to operate. This location should be removed from the
side of the main road and, ideally, should be large enough to accommodate the workers
The vendors should be instructed to maintain the area in a tidy fashion and litter bins
should be provided with arrangements in place to have the contents of these emptied on
a regular basis and disposed of appropriately.
10 Liquid Waste
Connect to KEWASCO sewer line
Advise tenants to install mini bins in rooms and advice patrons to only use soft tissue in
toilets to avoid blockage of sewer line
Prompt unblocking and repair of stalled sewer lines
Channel storm water appropriately to avoid mixing and outburst of sewer
11 Energy Loss
Install an energy-efficient lighting system in the building
Maximize on use of natural light during the day
Switch off all light and equipment when not in use
Use energy efficient cooking stoves and gargets to conserve energy
Purchase essential items in bulk to cut on the number of trips to stockers
12 Water Loss
Install water-conserving automatic taps, shower heads and toilets
Harvest rainwater from roof in an elevated tanks
Store adequate amount of water from the municipal supply

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Promptly fix damaged/leaking pipes, faulty taps and associated facility within the building
Sensitize workers and patrons on need for efficient utilization of scarce water resources
13 Fire Hazard and
Insecurity
Install firefighting equipment at convenient locations within the premise
Train employees on precautionary measures to avoid fire accidents
Fix damaged electrical systems and gargets promptly
Proper supervision should be ensured to avoid open fire
Fire disaster evacuation plan posters to be developed and posted appropriately
Provide for first aid facilities as per the OSHA
Ensure that the site is always guarded by a reputable security firm
Constant site patrol
Collaboration with existing security machinery
Partnership with neighbours and police in community policing
14 Exposure to above
normal heat and
suffocation
Ensure the kitchen is well ventilated
Occasional breaks to those exposed to heat waves
15 Vibration and Noise
Appropriate dressing of workers which will include: ear muffs / plugs
Maintain excavation equipment in accordance to manufactures specifications to ensure
efficient operation
Noise and vibration will be kept at acceptable levels and construction/Excavation
activities confined to normal working hours
Compliance to the environmental management and coordination (noise and excessive
vibrations pollutions control) Regulations, 2009. Legal notice No. 61, 2009
Workers exposed to excessive noise and vibration drivers of excavator - should work in
shifts with frequent breaks to minimize long hours of exposure
Excavation activities to be limited between 8 a.m & 6 p.m
Use of appropriate cushioning for heavy equipment
16 Occupation Accidents
Ensure warning signs on road safety are erected at appropriate location during excavation
and transportation
Speed limit of transport vehicle to be kept low
Personnel training on workforce safety
Control access to working sites- Secure the work area
Plan stabilization and evacuation of the injured
Liaise with the district Occupation Health and Safety department to provide for

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appropriate induction training and regular updating of workers skills on occupational
health and Safety matters
Provide for appropriate signage and warnings at work site
Use personal protective equipment (PPE) to workers and any visitors
Provide and clearly display emergency contacts
Develop and implement a detailed and site specific emergency response plans
Firefighting emergency response plan to be prepared
Ensure availability of a loaded firefighting equipment
17 Dust and Air Quality
Dampen work areas materials heaps and mulch bare ground to minimize dust emission
Maintain low speed in the rural access routes during transportation activities
Maintain equipment and machinery to manufacturers specifications
Minimize period of machinery idling
Provide appropriate personal protective equipment to site workers
18 Increased storm water/
run off resulting from
the roof catchments and
as a result of decreased
recharge areas, after
pavement of most areas
i.e. fore court and drive
ways.
Sewerage and storm water drain systems should be properly designed (using
approved materials), installed and regularly maintained.
The surface drainage system should direct all potentially contaminated surface waters
from the service station into an oil/water interceptor.
The drainage and interceptor maintenance will be carried out regularly including cleaning
the interceptors of foliage, rubbish and grit.
19 Visual Intrusion; likely to
occur during earthworks
for the foundation of the
project.
Following the completion of the construction phase, measures will be undertaken to
restore the affected biodiversity through landscaping; i.e. planting of trees and grasses to
cover unpaved areas.
20. Contamination of land;
due to oil spills and
leakages
The potential contaminant source areas such as forecourt, pump islands, parking areas
will be properly paved to contain oil spills from impacting the environment.
The construction of the forecourt and parking areas will be done using reinforced
concrete to avoid seepage of any fugitive petroleum spills into the soil system as well as
draining the generated surface run-off into the oil/water interceptor.
21. The health and safety of
workers and immediate
residents and neighbours
may be compromised
Workers should be provided with full protective gear (PPE) to beef up their health and
safety standards and they should be sensitized on health, safety and environmental
conservation aspects.
The site should be fenced off during construction to keep off animals and the general

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due to accidents,
pollution and disturbance
public.
22. Increased waste
generation (both solid
and liquid) during
construction and
operation phases.
Provision of sound waste management systems and procedures. This will involve
provision of solid waste collection bins; segregation of waste at source, appointing a
NEMA licensed garbage collector etc during operation phase.
During the construction phase, the contractor should put in place effective and efficient
waste disposal systems. Waste, including excavated soil and debris should be properly
disposed of by backfilling or dumping in approved grounds by the local council.
Disposal of used oil to recognized oil recycling firms or individuals
23. Electrical Safety
An emergency power control switch will be strategically installed in order to facilitate
general power cut of the entire service station in case of emergency.
An adequately stocked First Aid Box will be provided and the service station
employees will be properly trained on how to administer first aid.


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Table of Contents
Similar Station Owned By the Company (Kisumu)Executive summary ................................................................ 1
1.0 Introduction ......................................................................................................................... 14
1.1 Definitions ........................................................................................................................... 15
1.4 Environmental Impact Assessment objectives ........................................................................ 17
1.4.1 General objective .......................................................................................................... 17
1.4.2 Specific objectives ......................................................................................................... 17
1.5 Project objectives .................................................................................................................. 17
1.6 Terms of reference ................................................................................................................ 18
1.7 Scope of the Environmental Impact Assessment .................................................................... 18
1.8 Methodology ........................................................................................................................ 18
1.9 Field visits ............................................................................................................................ 19
1.9.1 Literature review ........................................................................................................... 19
3.1.1 Climatic conditions. ...................................................................................................... 28
3 .1.2 Flora and Fauna ...................................................................................................................... 29
2.3 Socio-economic environment ............................................................................................... 30
2.3.2 Demography .................................................................... Error! Bookmark not defined.
3.4 Utilities and Services ............................................................................................................. 31
CHAPTER FOUR ........................................................................................................................... 34
4.0 Site description ..................................................................................................................... 34
4.2.0 Construction phase products, By-products and waste ............................................................. 36
4.2.1 Operational phase products, By-products and waste ........................................................ 38
4.2.2 Decommissioning stage ........................................................................................................ 38
CHAPTER FIVE ............................................................................................................................. 39
5.4 Public consultation ......................................................................... Error! Bookmark not defined.
5.5 Institutional survey ...................................................................................................................... 69
5.6 Field visit .................................................................................................................................... 39
5.7 Immediate neighbours comments ................................................... Error! Bookmark not defined.
6.0 Project alternatives. ..................................................................................................................... 40
6.1 Introduction ......................................................................................................................... 40
6.2 Project site............................................................................................................................ 40
6.3 Preferred option ........................................................................................................................ 41
6.5 No Project option ....................................................................................................................... 42
CHAPTER SEVEN ......................................................................................................................... 43
7.0 Legal, policy and administrative framework ............................................................................ 43
7.1 Legal Provisions.................................................................................................................... 43
7.1.1 The Environment Management and Coordination Act, 1999 ........................................... 43
7.1.2 The Environmental Impact Assessment and Audit Regulations, 2003 (Legal Notice No. 101)
43
7.1.3 Waste Management regulations, 2006 ............................................................................. 44
7.1.4 Water quality regulations, 2006 ....................................................................................... 44
7.1.5 Factory and Other Places of Work Act. ............................. Error! Bookmark not defined.
7.1.6 The Public Health Act ................................................................................................... 45
7.1.7 The Water Act, 2002 ............................................................................................................ 46
7.1.8 The Physical Planning Act, 1996 .................................................................................... 47
7.1.9 The Public Health Act .......................................................................................................... 47
7.1.10 Land Control Act Cap. 302 ................................................................................................. 47
7.1.11 The Local Government Act .......................................................................................... 48
7.1.12 Building Codes .............................................................................................................. 48
7.1.13 Registration of Titles Act: Cap. 281 ..................................................................................... 48
7.1.14 The Penal Code Cap. 63 ................................................................................................ 48

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7.2 Sector Environmental Policies ............................................................................................... 50
7.2.1 The New National Housing Policy ........................................................................................ 51
7.2.2 National Environmental Action Plan (NEAP) ....................................................................... 52
7.2.3 National Policy on Water Resources Management and Development ...................................... 52
7.2.4 Policy Guidelines on Environment and Development ............................................................ 53
CHAPTER EIGHT ......................................................................................................................... 56
8.0 Impact identification, evaluation and mitigation measures........................................................ 56
8.1 Potential impacts and the recommended mitigation measures .................................................. 58
Decommissioning stage ................................................................................................................ 65
CHAPTER NINE............................................................................................................................ 67
9.0 Environment, Health and Safety (EHS) ........................................................................................ 67
9.1 EHS Management and administration .......................................................................................... 67
9.2 The guiding principles to be adopted by the contractor ................................................................. 67
9.3 EHS management strategy to be adopted by the contractor ........................................................... 67
9.4 Safety requirement at the project site during construction and operation period .............................. 67
9.5 Emergency procedure during construction and operation. ............................................................. 68
CHAPTER TEN ............................................................................................................................. 69
10.0 Public consultation ................................................................................................................ 69
10.1 Methodology ............................................................................................................................. 69
10.2 Findings.................................................................................................................................... 69
CHAPTER ELEVEN ...................................................................................................................... 73
11.0 Environmental Management Action Plan ............................................................................... 73
CHAPTER TWELVE ...................................................................................................................... 83
12.0 Conclusion and recommendations ......................................................................................... 83


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ABBREVIATIONS AND ACCRONYMS

ATM Automatic Teller Machine
BS British Standards
BTS Base Transceiver Station
CAP Corrective Action Plan
CBS Central Bureau of Statistics
CP Cleaner Production
CCTV Closed Circuit Television
dBA Decibels
EA Environmental audit
EHS Environmental health and safety
EIA Environmental impact assessment
EMCA Environmental Management and Co-ordination Act
EMP Environmental Management Plan
EPI Environmental Performance Indicators
GOK Government of Kenya
IEA Initial Environmental Audit
ISO International Standards Organisation
KEBS Kenya Bureau of Standards
KEWASCO Kericho Water and Sewerage Company
LPG Liquid Petroleum Gas
LR Land Registration
MOE Ministry of Energy
MSDS Material Safety Data Sheet
MV Metric Volume
MWI Ministry of Water and Irrigation
NEAP National Environmental Action Plan
NEC National Environmental Council
NEMA National Environmental Management Authority
NPEP National Poverty Eradication Program
PABX Private Automatic Branch Exchange
PM Particulate Matter less than 10 microns
POS Point of Sale
PPE Personal Protective Equipment

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PRSP Poverty Reduction Strategy Paper
PVC Polyvinyl Chloride
UST Underground storage Tank
UN United Nation
Upvc Un-plasticized Polyvinyl Chloride
VAT Value Added Tax
WSP Water and Sanitation Programme


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CHAPTER ONE
1.0 Introduction
In the past, National Environmental Management was based on reactive policies which led to belated
measures that did not necessary save ecosystems from damage. Most measures only looked at resources
allocation and end products while waste management concentrated on the end -of -pipe waste treatment.
The understanding and appreciation that the environment constitutes the foundation of the National
social, economic and cultural advancement has made people re-focus on acceptable waste disposal,
reduction on waste generation and reduction on accumulation of waste generated, by re-use or recycling
whenever possible and rehabilitation of the affected areas.

Kenyan environmental policies were previously handled by different arms of government which made it
difficult for proper monitoring and implementation resulting into conflicts and duplication of duties. In
line with various International Protocols to which Kenya is a signatory, the government enacted the
Environmental Management and Co-ordination Act (EMCA), 1999. Environmental Impact Assessment
is one of the provisions of EMCA 1999 and Environmental Impact Assessment and Audit regulation
2003. The Act provided for the formation of National Environmental Management Authority (NEMA)
as the principle institute of government in the implementation of all policies relating to environment. This
Environmental Impact Assessment has been undertaken in accordance with the Environmental
Management and Coordination Act (EMCA) 1999, The Environmental Impact Assessment (EIA) and
Environmental Audit (EA) guidelines of year 2003 and The Environmental Management and
Coordination Act (waste management) regulations of year 2006.

It addresses compliance with (legal notice No. 101 which is a Legislative Supplement to the
Environmental (Impact Assessment and Audit) Regulations, 2003. The proposed development is a new
project that requires an Environmental Impact Assessment in conformity with the EMCA. The
Environmental Impact Assessment on the proposed development was conducted by experts accredited
by the National Environmental Management Authority (NEMA) of Kenya.

This Environmental Impact Assessment (EIA) was conducted with a purpose of identifying all the
impacts that may emanate in the different stages that will be undergone when implementing the proposed
project. The proposed project will deal with provision of petroleum fuel products, liquefied petroleum gas
(LPG) sale, tyre sales and repair, vehicle servicing, provision of affordable, modern housing and
commercial spaces. The project will provide further opportunity for the residents of Kericho Town and
the greater Kericho County. Key advantage will be the provision of Kerosene and LPG, which will in
turn reduce the amount of wood fuel and charcoal required for cooking and lighting. Impacts from this
project will be positive and negative. To quantify the various impacts, cost benefit analysis has been used
as an important tool in determining the implementation of this project. During the Environmental Impact

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Assessment process, the environmental experts introduced a mutual relationship through commitment,
participation and involvement between all the affected parties. The interested parties affected in this study
are the following;-
The proponent
The immediate neighbours
The Government of Kenya
The general public.

1.1 Definitions
Environmental impact assessment is a systematic examination conducted to determine
whether a proposed program, activity or project will lead to adverse environmental impacts. This
therefore leads to a consideration of the possible alternative and redesigning strategies to
mitigate/lower the effects towards the environment.
Impacts are the effects which are brought about by the proposed project activity on the
environment. This includes both the positive and negative.
Impacts Description: When the impacts have been identified it is necessary to assess their
significance. In this case, the environmental experts considered the following qualities.
Nature: This provides a description of the impacts.
Extent: This describes whether or not the impact would occur on a spatial scale that is
limited to the immediate area where construction is to take place or extends over a large
area.
Duration: This provides a prediction of whether the effects of the impacts will be short
term, medium term or long-term.

1.2 Legal frame work and administration of Environmental Impact Assessment (EIA)
The projects to be subjected to Environmental Impact Assessment (EIA) are specified in the second
schedule of the Environmental Management and Coordination Act (1999). Environmental Audit is also a
legal requirement under sections 68 and 69 of the Act. Strategic Environmental Assessment (SEA) aimed
at guiding implementation of policies, plans and program as well as groups of projects is also mandatory
under Part iv Sections 37-41 of the Act. Besides the schedule activities, the Act empowers the Minister
for the time being responsible for environmental matters, to prescribe for Environmental Impact
Assessment (EIA) appraisal and any other activity which in his view may cause significant adverse
environmental impacts.

NEMA is ultimately responsible for issuing, verifying or canceling Environmental Impact Assessment
licenses. NEMA is also responsible for coordinating powers in all public and private sectors. However,

16

each sector plays a role in the implementation of the EIA guidelines. This requires the establishment of
Environmental Liaison Units (ELUs). Each sector is responsible for the costs of maintaining their ELU.
For the purpose of overseeing implementation of the Environmental Impact Assessment (EIA)
guidelines at provincial and district levels, NEMA has set up environmental committees. These
committees are close allies and strong partners at the local levels and are empowered in the Act.

The project approval process will involve decision-making at various levels and the necessary
authorization will be given once all Environmental Impact Assessment (EIA) requirements have been
fulfilled and accepted by NEMA and the relevant lead agencies. The Environmental Impact Assessment
(EIA) license will be issued when NEMA are satisfied that an Environmental Impact Assessment (EIA)
has been satisfactorily conducted and an Environmental Management Plan (EMP) developed. Any
complaint regarding compliance with Environmental Impact Assessment (EIA) requirements which
NEMA may not resolve will be subject to a review by the Environment Tribunal, with the provisions to
bring proceedings in a court of law where necessary, for judicial review.

1.3 Institutional framework
The National Environment Management Authority (NEMA) was established under the Environmental
Management and Co-ordination Act (EMCA) of 1999 and came into force in January 2002. It started its
operations on July 2002. NEMA was established to supervise and co-ordinate all matter relating to the
Environment and implementation instrument of all policies relating to the Environment in Kenya.

The establishment of the Environmental Management and Co-ordination Act (EMCA) 1999, led to the
formation of various other structures for the implementation of the Act provisions. They include;-
National Environmental Management Authority (NEMA)
National Environmental Council (NEC)
Provision and District Environmental Committees (PECs/DECs)
National Environmental Action Plans Committees (NEAPC)
National Environmental Tribunal (NET)
Standards Enforcement and Review Committees (SERC)
Technical Advisory Committee (TAC)

Environmental Impact Assessment (EIA) is a legal requirement stipulated in section 58 of the
Environmental Management and Co-ordination Act, 1999 which states that all policies, projects, program
and plans as shown in schedule two must be subjected to Environmental Impact Assessment (EIA).
Likewise an Environmental Impact Assessment (EIA) license should also be obtained from National
Environment Management Authority (NEMA) before commencement of the project.

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The Environmental Impact Assessment and Audit regulations of 2003 states that no licensing authority
under any law in force in Kenya shall issue a license for any project for which an environmental impact
assessment is required under the Act unless the applicant produces to the licensing authority a license of
Environmental Impact Assessment issued by National Environment Management Authority (NEMA). It
also states that no licensing authority under any law in force in Kenya shall issue a trading commercial or
development permit or license for any project, activity likely to have cumulative significant negative
environmental impacts before it ensures that a good Environmental Management Plan is compassing the
mitigation measures put in place and approved by National Environment Management Authority
(NEMA).

1.4 Environmental Impact Assessment objectives
1.4.1 General objective
The main objective of undertaking this Environmental Impact Assessment was to ensure that the
proponents/developers of the proposed development find a workable synthesis of the economic relations
and environmental realities. In other words, to ensure that environmental concerns are integrated in all
the development stages of the facility.

1.4.2 Specific objectives
To assess the relative importance of the impacts to alternative plans designs and sites.
To identify and predict all the potential and anticipated adverse environmental impacts from
the proposed development activities.
To work as a team and come up with measures which can be put in place as remedial for the
identified impacts or preventive actions for the anticipated ones.
To formulate an Environmental Management Action plan which is expected to guide the
developer in achieving the goals of sustainable development.

1.5 Project objectives
The main objective of the project is to construct a petrol service station with seven diesel, petrol and
kerosene pumps accompanied by their relative storage tanks. The premise will also be provided with
parking space, carwash, service bay, tyre sales and repair, toilets, stores, shop, offices for various
personnel, control and generator room. In this respect, the developer intends to meet the following
objectives;
To generate income for the proponent and all parties involved in its construction and during
operation.
To create employment opportunities

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To promote secondary development

1.6 Terms of reference
The Environmental Impact Assessment on the proposed development was conducted as a result of an
agreement signed between the Environmental Experts and the management of the proposed project. It
was conducted according to the;
Environmental Management and Coordination Act (EMCA) of 1999
Environmental Management and Coordination (Waste management) Regulation of 2006 and the
Environmental Impact Assessment and environmental audit regulations of the year 2003.
The report was then submitted in its complete form to the management of the proposed project and to
NEMA for review.

1.7 Scope of the Environmental Impact Assessment
This involved the identification of all the areas that could yield useful Environmental Impact Assessment
information by use of various Environmental Impact Assessment methodological tools. In this project,
the experts considered both the external and internal premises. The EIA project report includes an
assessment of impacts of the construction and operations on the following:
A review of the policy, legal and administrative framework
Description of the proposed project
Baseline information (Biophysical and Socio-Economic environment)
Assessment of the potential environmental impacts of the proposed project on the biophysical,
socio-economic and cultural aspects.
Development of the mitigation measures and future monitoring plans.
Occupational Health and Safety (OHS)
The study also assesses the impacts of the proposed development on the environment in
accordance with Environmental Management and Coordination Act, of 1999 and the subsequent
Environmental (Impact Assessment and Audit) Regulations, 2003.

1.8 Methodology
During the Environmental Impact Assessment period, the experts considered attributes of several audit
tools before selecting questionnaires, structured interviews, site assessment and use of secondary data as
the best methods. Some of the factors considered include;
Tools that could give detailed information.
Nature and sources of issues being addressed.
Target group.

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Experience when conducting other environmental impact assessment study.

1.9 Field visits
Field visits were conducted in the study area in order to collect site - specific information on the
biophysical and socio-economic environment and to cross-check the secondary data compiled during the
desk study.

1.10. Environmental Management Planning Stage
Following identification of the nature and scale of potential impacts of the proposals, the ability of these
impacts to be reduced or eliminated was considered. This involved the development of suitable mitigation
measures which included recommendation of design and technology or additional protection measures.
The preparation of an environmental plan to implement mitigation measures and monitoring
recommendations has also been undertaken as part of the project report.

1.11 Literature review
A desk study was conducted to review available reports, development plans and maps in order to compile
relevant bio-physical and socio-economic information about the study area. The bio-physical information
was compiled on environmental aspects such as topography, climate, drainage, soils
geology/hydrogeology, vegetation cover among other environmental aspects. The socio economic
environment study covered information on issues such as population, the dimension of well being and
income levels, water supply and sewerage, sanitation levels, changing social networks, infrastructure
developments and community participation.

1.12 Importance of the Environmental Impact Assessment
The proposed project will involve change of land use. This will result to production of solid waste inform
of dust, broken stones and debris. If these wastes are not properly handled, they can lead to serious effect
to the neighbouring communities and any other person working or visiting the petrol station. The
Environmental Impact Assessment is justified by the fact that adverse impacts are foreseen before they
happen, proper mitigation measures identified and advocated to be put in place, and the neighbours are
consulted and made part of the decisions making team.

1.13. Duties of the Proponent
This section emphasizes the duties of the proponent and contractor during the construction phase as well
as the operation phase of this project. It will be the duty of the proponent to ensure that all legal
requirements as pertaining to the development are met as specified by the law.


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1.14. Duties of the Contractor
The contractor has an obligation to;
Prepare and maintain an approved time and progress chart, showing clearly the period allowed
for each section of the work
Comply with all regulations and by-laws of the local Authority including serving of notices and
paying of the levies where necessary.
Ensure that only security personal are on site during the night, public holidays and any other time
when no work is being carried out onsite and never should a labourer camp be allowed onsite.
Make good at his own expense any damage he may cause to public and private roads and
pavements in the course of carrying out his work.
The architect shall define the area of the site, which may be occupied by the contractor for use as
storage, on the site.
Make his own arrangement for sanitary conveniences for his workmen. Any arrangements so
made shall be in conformity with the public health requirements for such facilities and the
contractor shall be solely liable for any infringement of the requirements.
Be responsible for all the action of the subcontractor in first instance.
Take all possible precaution to prevent nuisance, inconvenience or injury to the neighbouring
properties and to the public generally, and shall use proper precaution to ensure that safety of
wheeled traffic and pedestrian.
All work operations, which may produce under level of noise, dust vibration, or any other
discomfort to the workers and/or guest of the client must be undertaken with care, with all
necessary safety precautions taken.
Workers will be picked from elsewhere and transported through the main entrance to the internal
perimeter of the project site.
Take all effort of muffle the noises from his tools, equipment and workmen to not more than 85
Decibels
Shall upon completion of working, remove and clear away all debris and unused materials and
shall leave the whole of the site in a clean and tidy state to the satisfaction of the Architect.
He shall also remove from the site all rubbish and dirt as it is produced to maintain the tidiness
of the premises and its immediate environs.
The standard of workmanship shall not be inferior to the current British codes of practice and
/or the Kenya Bureau of Standards where existing.
Ensure that no materials for use in the permanent incorporation into the works shall be used for
any temporary works or purpose other than that for which it is provided.

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Similarly, no material for temporary support may be used for permanent incorporation into the
works.
All the materials and workmanship used the execution of the work shall be of the best quality
and description .Any material condemned by the architect shall be immediately be removed from
the site at the contractors cost.

1.15 Project cost
The project budget is estimated at Ksh 9, 679,815.00/= (a bill of quantities has been attached)


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CHAPTER TWO
2.0 PROJECT DESCRIPTION
The design concept and criteria for the project were developed in accordance with the general guidelines
and standards used in the design of petrol station and allied infrastructure in Kenya and are in line with
international standards for best practice. Most of the items and materials to be used in this project will be
obtained from the proponents hardware based in the town and other locations around the country.

2.1. Design Criteria
The project comprises construction of a petrol station, a commercial block and residential block. The
facilities have been presented in the architectural plans attached. The design of the project has been
executed with due consideration of the existing topography of the proposed project site. In addition,
measures have been taken to ensure that the existing landmass, strata and vegetation is least disturbed
during construction phase. In general, the design of the project will optimize use of the best available
technology to prevent or minimize potentially significant environmental impacts and to incorporate
efficient operational controls to ensure high level business and environmental performances.

2.2. Project Description
The proposed project will involve removal of top soil and vegetation and the leveling of the site.
Excavation to facilitate the laying of foundations and underground tanks shall also be done. There will
also be transportation of construction materials and associated wastes to and from the site respectively.
The conclusion of the construction phase will be the establishment of a petrol station, a commercial
block and residential block. Since the change in the land surface will impact on the storm water flows,
adequate drainage system will be put in place. The design of the project has been executed with due
consideration of the existing topography of the proposed project site. In general, the design of the project
will optimize the use of the best available technology to prevent or minimize potentially significant
environmental impacts associated with the project.

The facilities to be provided within the station include;
No. Facility Number
1.
Offices/reception 4
2.
Canopy 1
3.
Cabro paved Forecourt 1
4.
Water storage tanks 2
5.
Dispensing pumps 5
6.
Product lines 5
7.
Vents pipes / ducts 3

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8.
Air Compressor 1
9.
Service bay 1
10.
Changing room 1
11.
Generator and compressor room 1
12.
Oil interceptor 1
13.
Tyre centre 1
14.
Store 1
15.
Gas racks 1
16.
Staff &
customer toilets
Ladies 1
Gents 1
17.
Dispensers:
Low Sulphur Diesel 2
Unleaded Super 2
Kerosene 1
18.
Underground
Steel storage
tanks
Mild steel UST/horizontal-un leaded premium 1
Mild steel UST/horizontal- Low sulphur Diesel 1
Mild steel UST/horizontal- Kerosene 1

Other features related to the proposed project include:
Landscaped area where signages will be placed
The ground will have a gradient that allows drainage towards the storm drainage.
Other equipment proposed to conform to the KEBS and BS standards
The station construction material should be of the right fire rating.
There will be adequate provision for safety measures within the station including facilities such as
sand buckets, fire blankets, horse reel, water and carbon dioxide fire extinguishers
The technology used in the constructions of the station facilities will be based on international
standards, which have been customized by various stations in Kenya.
The station will be provided with facilities for drainage of storm water from the roof through
peripheral drainage systems into the public storm water drainage system.
All the fuel dispensers on the site to be approved by the weights and measures department and
have their seals intact before operation.
The underground tanks to be located on the forecourt and have manholes for product offloading
and dipstick checks.


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The facilities to be provided within the 4 storey Commercial Block will contain;
No. Facility Number
1.
Basement 1
2.
Parking 1 on the ground floor
3.
Lift Shaft 1
4.
Lift 1
5.
Washrooms 2 on each floor

The facilities to be provided within the 4 storey Residential Block will contain;
No. Facility Number
6.
Parking 1 on the ground floor
7.
Complete family unit 3 on each floor
8.
Bedrooms 2 on each family unit
9.
Kitchen 1 on each family unit
10.
Lounge 1 on each family unit
11.
Water Closet 1 on each family unit
12.
Bathroom 1 on each family unit
13.
Stair case From ground floor to top floor
14.
Lift Shaft 1
15.
Lift 1
16.
Perimeter wall and gate -

2.3 Design Specifications
The Station
The technology used in the design and development of the project will be based on international
Standards, which have been customized by various petrol stations development in the country. The
project will consist of facilities as presented in the architectural drawings in the appendix. The station will
be constructed as per the respective structural engineers detail as provided for in the structural plan.
Basically, the building structures will consist of concrete appropriately reinforced with metal (steel and
iron). The roof will consist of pitched roof with GI roofing sheets. The station building will have a
dressed quarry stone exterior finishing and interior plaster and wall paint finish.

There will be adequate provision for safety measures within the station including facilities such as water
and carbon dioxide fire extinguishers. The station will be provided with facilities for drainage of storm

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water from the roof through peripheral drainage systems into the storm water drainage channels.
Drainage pipes will be of the PVC type and will be laid under the buildings and the driveway encased in
concrete. The station building will have adequate natural ventilation through provision of permanent
vents in all habitable rooms, adequate natural and artificial light, piped water stored in water tanks.

The Commercial and Residential Buildings
The proposed commercial and residential developments have been designed to be storey buildings of
four levels each on reinforced concrete strip foundation and floor slab. The commercial block will have a
basement. The walls of both buildings will be of concrete blocks reinforced with concrete beam. All
concrete works are in the reinforced class 20/20 mm and all the reinforcement to B.S. 4461. The roof
structure is second grade cypress roofing material of clay tiles on timber buttons. Doors will be of steel
casement besides flush doors to external door openings while windows are of steel casements with 5 mm
clear glass. Floors will be finished with cement and sand screed and terrazzo finished in wed area. Walls
will be plastered and painted internally and neatly keyed and pointed on walls externally. The residential
block will be surrounded by a fence erected with building stones and concrete slab and one gate fixed on
the front of the premise. The commercial block will not be fenced as it be fronting the station and will
also act as the stations commercial block.

2.4. Infrastructure
2.4.1. Three Underground storage tanks (USTs)
These will be constructed from rolled carbon steel plate, welded together and meeting requirements of
Kenya Bureau of Standards (Kebs). All tanks will be double walled and constructed within a leak proof
reinforced concrete containment wall to prevent seepage of petroleum hydrocarbons to the regional
ground water.

2.4.2. Underground piping system
A flexible, non-metallic, continuous pipe work system will be used to connect each UST to the associated
dispenser. The product lines will be buried underground. The Proponent is advised to undertake
Integrity tests on the lines whenever there are indications that they are leaking.

2.4.3. Acceleration and Deceleration lanes
The project site will have acceleration and deceleration lanes along the Kerich-Nairobi road.

2.4.4. Pumping system
The product lines will be positive pressure types, with a submersible pumping system installed in each of
the fuel storage tanks. All submersible pumps will be fitted with red jacket lead detectors, which
operate by detecting any loss in pressure within the pipeline. The submersible pump system also provides

26

flexibility in locating the USTs. There will be a canopy with 4 dispensing pumps under it (2 for low
sulphure diesel, 2 un-leaded premium. 1 kerosene dispensing pump will be outside the main canopy but
under an island canopy.

2.4.5. Storm water run-off and sewage.
There is storm water drain running in front of station to which storm water from the station will drain
out efficiently after an interception of an oil interceptor. The stations drainage system will consist of
the canopy drainage channels, storm water grated channel and waste water drainage channel. The
canopy drainage channels will drain rain water from the canopy to the forecourt where it will flow
to the road side public storm water drain via the OWS.

Wastes from the toilet and other sanitary facilities will be directed to the public sewer system developed in
the area.

2.4.6. Oil interceptors
Shall have the following characteristics;
Three chambers, primary, intermediary and final
Mud catch-pit at the inlet with grease traps and gratings
A gate valve at the outlet
Connection to the storm drain along Kericho-Nairobi road.

2.4.7. Dispensers
All dispensers will be fitted with emergency shear valves and the dispenser hoses will have a cut-off
system. In the event that a dispenser is overturned or knocked over, the emergency shear valve will
automatically shut off the pipeline. There will be ample clearance around the valve body to ensure that
the normal functioning of the valve is not impaired.

2.4.8. Electrical System
The electrical switchboard will be placed inside the control room. All wiring to the pumps and dispensers
shall run underground from the switchboard to a flameproof junction box, located inside the pump
cabinet. A clearly identified and easily accessible electrical switch or circuit breaker will be installed some
distance away from each pump/dispenser to allow for immediate shut down in an emergency.

The site will be connected to the national electricity grid (Kenya Power Company) and will be used in all
phases of the project. The necessary guidelines and precautionary measures relating to the use of
electricity shall be adhered to. A standby generator will be provided.

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2.4.9. Fore Court
The forecourt area will have four pump/dispenser islands which will be adequately covered by a
canopy. The canopy will be made of iron while its supports made of steel. Bollards will be erected at
every canopy support to protect them from vehicle collision. The forecourt surface will be made of
interlocking blocks. The drive ways fronting the Kericho-Nairobi Highway have good visibility thus
facilitate easy ingress and egress of the station.

2.4.10. Vents/ Breathers
The USTs will be connected to free standing vents which discharges fumes to the air.

2.4.11. Office Building Block
The office building block will be a flat roof building which will house two offices, a lubricant mart, store,
changing room, and staff toilets.

2.4.12. Service Bay
The Station will construct a service bay for providing vehicle maintenance services mainly changing of
engine oils. The bay will have a canopy over it and a service pit. Its walls as well as those of the
service pit will be finished with ceramic tiles.

2.4.13. Air Compressor
The stations air compressor will be installed with proper machine guard around air receiver which will
slope towards the drain cork. The compressors maximum pressure red line will be correctly placed and
pressure Actuator cut off at the mark. The air receiver will be fitted with safety relief valve.

2.4.14 Generator
A standby generator will be housed in a generator room.

2.4.15. LPG Cylinders
The Station will retail LPG packaged in cylinders of 6, 13kg. The cylinders will be well secured in racks
placed outside the office building.


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CHAPTER THREE
3.0 Baseline information on the potentially affected environment
Considerations were given to the prominent environmental parameters that are within a radius of 5 km
from the project location. This would assist in monitoring the changes that the intended project may
cause to the existing environment in future appraisals. Nevertheless, possibilities for effects being felt in
areas beyond the extent/scope of the report are also considered especially on sensitive water ecosystems,
fauna and biota. Brief overviews of the physical, ecological and social economic environment are given in
relation to the project activities and the resultant impacts.

3.1 Physical Environment

Kericho is a Kenyan County located in the south-west of the country, located within the highlands west
of The Kenyan Rift Valley. The capital of the county is Kericho town. Both site visits and literature
review on the various biophysical characteristics of the area have been given for consideration. The
proposed construction will take place on plot L.R No. 631/1183, GPS coordinates X: 35.293730, Y:
0.363278, elevation; 2053.5, Kericho Municipality, Kericho County. The proposed project will at Kericho
Town along Kericho-Road road in Kericho County. The proposed project will be located within the
neighborhood of other businesses/commercial zone. A similar development exists next to the proposed
station (shell Petrol Station).

3.2 Existing Site Development
Currently the proposed site is used as a godown by the hardware. There are heaps of sand, ballast, stock
piles of timber and metals on site. It contains temporary iron sheet strutures used as offices and houses by
some staff members, a high level water tank, foul water sewer, perimeter fence, and storm water drains.

Industrial management has seen a tremendous growth in the last few decades in Kenya. However,
industrial growth and development has continued to exert pressure on environmental resources from two
main fronts. One is the pressure exerted through extraction of raw materials from the environment and
secondly the discharge of waste into the environment. Industrial development has seen a shift in waste
management from passive to reactive and presently a push towards cleaner production strategies to
address sustainable industrial development. In this respect, the site preparation for construction will see
to it that extraction of existing components will be put into sustainable environmental cycles. Waste
management will be carried out with applications of reducing, reusing and avoiding landfills.


29

Table 3.1 below shows properties of the components to be dismantled or evacuated from the existing
structures and responsibilities for their disposals-.

Table 3.1: Properties of existing structures and their disposal handling.
Component Material Responsibilities for Disposal
High & ground level
water tank unit,
plastic proponent, Contractor. (Reuse,
conversion, sale, etc.)
Iron sheet structures Irone sheets, timbers proponent, Main contractor
(Demolition, re-use)
Electricity fittings Wiring sell, Main contractor (reuse,
conversion, Sale)
Masonry workshop
structures
Masonry, wooden structures,
windows, iron sheets
Main contractor (Demolition, salvage for
road fills during construction, sale, reuse)
The contractor will make decisions based on recommendations from the proponent.

3.3 Climatic conditions.
The district experiences highland sub-tropical climate with moderate temperatures, low evaporation rates
and high rainfall in lower areas, and high temperatures, high evaporation and low rainfall in the upper
highland areas. The District receives conventional type of rainfall influenced by altitude. The district is in
the upper midland zone, which lies to the west of Rift Valley, and experiences uniform rainfall. Rainfall is
well distributed except during the short dry season in January and February. The wettest months are April
and June, though there is no real break between the short and long rains in the whole District. The total
annual rainfall ranges from 1,700mm to 2020mm per annum.

Temperatures range from about 16C to about 20C. The coldest month is usually July with an average of
16.6C, while the hottest season starts from around December to February with temperatures ranging
from about 16.8C to 18.6C. Temperature variation in the District is caused by varying altitude levels and
the rate of removal of cover.

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3 .4. Soils
The districts geology is characterized by volcanic as well as the igneous and metamorphic complexes. The
district is predominantly underlain by tertiary (phonolites) and intermediate igneous rocks. A small part of
the district is dominated by undifferentiated basement system rocks (granites), volcanic ash admixture and
other pyroclastic rocks. The rock formation in the district has fostered exploitation of ballast, building
stones and sand and thus making the district self-reliant in these building rocks. Vegetation cover helps to
reduce soil erosion despite the gentle rolling topography of the district.

3 .5. Agro ecological Zones

Kericho is in zone 111. This zone occurs mainly at elevations between 900-1800 m with a annual rainfall
between 950 and 1500 mm. Trees are numerous here and somewhat of shorter stature than in Zone II.
This zone is the most significant for agricultural cultivation and several legume fodders are found here in
crop-livestock systems. It is also the most resettled by human. It occurs in the vast parts of Nyanza,
Western and Central provinces, good proportion of Central Rift-Valley (Nandi, Nakuru, Bomet, Eldoret,
Kitale) The major grasses are Hyperenia and Cymbopogon, Themeeda triandra, Panicum maximum, Seteria
Sphacelata, Sporobolus pyramidalis, Bracharia brizantha (Congo signal), Bricharia siluta, Chloris gayana (Rhodes grass)
and Cynodon dactylon (Star grass).

3 .6. Socio-economic environment
Most of the economic activities within Kericho town and its environs revolve around Agriculture. With a
high altitude and virtually adequate rainfall, it is the country's leading tea growing zone with a high
concentration of tea factories.
The County ranks highly among the highest potential agricultural Counties in the country. Out of the
total land area of 2,439 sq. Km, 2,195 sq. Km (90% total land area) is cultivable land. The County can be
classified into three zones, viz a viz, high, medium and low potential zones.
The high potential zone occupies about 52.2 % of the county area and covers most of the Northern parts
of the County (Kipkelion) and the central sections of (Belgut, Ainamoi and Buret).
The North area is suitable for growing wheat, horticulture and Floriculture, pyrethrum and maize and
dairy farming, while the central section is mainly a tea zone, and pineapples besides growing pyrethrum,
maize and keeping dairy cattle and the newly introduced Stevia crop.
The medium potential zone measures about 27 % of the total county area and covers the North-Western
parts of Kipkelion constituency covering the rocky highlands below Tinderet forest and bordering
Kisumu County in Nyando at Fort-Ternan.

31

This area is suitable for growing coffee and maize and for both beef and dairy farming. Towards the
South, the zone stretches along the Western sections of Belgut and Ainamoi where maize, Stevia,
horticultural crops and sugar cane area grown.
It is also home to a number of multi-national tea companies operating in the area including Unilever
Kenya Tea, Williamson Tea and James Finlays Ltd, the leading producer and exporter of instant tea in the
world and Kenya Tea Packers limited (Ketepa).
Kericho residents are mostly Christians. The most widespread church is the Africa Gospel Church,
affiliated with The World Gospel Mission of the USA. The church has the biggest church in the district in
the town (Immanuel AGC) and heart centers at Cheptenye, Chepkutung, Keongo, Kipkelion, Londiani,
Kabianga and Kaptebeswet.
The other churches present in the district include AIC, Catholic Church, Anglican Church, SDA, Full
Gospel and a host of Independent churches. Kericho is also home to Africa's largest Gurudwara or Sikh
place of worship. It is a monument, dedicated to the memory of "Baba Puran Singh Ji of Kericho" who
was the founder of the international charitable organisation, Guru Nanak Nishkam Sewak Jatha which
promotes the spirit and practice of selfless service ("nishkam sewa") in the name of Guru Nanak Dev Ji,
the founder of the Sikh faith. The site has been gazetted by the Government of Kenya as a place of
spiritual significance. Kericho also holds the Muslim faith with at least two mosques. There is also a
Hindu population as well as a congregation of Jehovah's Witnesses.
The proposed Project site largely commercial. The Plot is bordered by the Jehova Witness church on one
side and shell petrol station on the other.

3.7. Utilities and Services
1. Water supply
Taped water is also readily available courtesy of the KEWASCO and the proponent can access it by apply
to the municipality relevancy water agency.

2. Sewerage
The area is served by KEWASCO sewerage system.

3. Storm water drainage
Storm water in the project area was planned for in form of open drains along the road.

4. Roads
Kericho has a comparatively good transport network. Road is the main mode of transport to and around
the district. Three main highways lead to the town of Kericho; the Nakuru-Kericho, the Kisumu-Kericho

32

and the Kericho-Kisii highways. An alternative route to Kericho would be Nakuru-Njoro-Molo-Kericho,
a road that is in good condition. The Nakuru-Eldoret highway is being recarpeted, from the Total
Junction all the way to Kisumu it is in an excellent state. The district has direct bus (matatu) links to the
cities of Nairobi, Mombasa, Nakuru, Kisumu, Eldoret and the towns of Kisii, Molo, Bomet, Litein, Sotik
and Narok.

Rail transport is available from Kipkelion, Londiani and Fort-Ternan stations, the main agricultural hubs
within the district. Air transport is also available, through chartered light aircraft from Wilson Airport,
Nairobi. The district's main airstrip is Kerenga Aerodrome, 5 km south-west of Kericho town. There's
also a good landing place in James Finlay tea estates.

The project site is along the Kericho-Nairobi Road next to shell petrol station.

5. Electricity
The Kenya Power and Lighting Company electricity power lines pass through the area.

6. Solid waste management
Waste in the project area will be collected onsite and disposed at designated areas. Waste collection will be
undertaken privately by contracted garbage collectors.

7. Telecommunication and media
Kericho has a good communication infrastructure. The town is home to one of the only 2 satellite earth
stations, the only available international link for Kenya. It is also served by fibre-optic cable. The district
is well covered by the fixed line operator Telkom Kenya and the 4 mobile operators Yu, Safaricom, Airtell
and Orange, all offering voice and data services. The district is served by all major local TV stations. KBC
is still widely watched. Other channels are Kass TV, KTN,K-24, NTV, Citizen TV, Family TV, STV and
Sayare. All FM station broadcasting from Nairobi are also available including Capital, Easy, Kiss 100, One
FM, Venus FM, Classic, Family, Hope, BBC, Citizen, KBC etc. Local stations include Kass FM, Chamgei
FM, KBC Kisumu, Radio Injili 103.7 FM (A FULLY owned Christian Radio Station), & Sayare Radio.
Light and Life 107.3 FM, Sema Radio and The Just FM.

3.8. Materials
All major materials to be used in the construction are quantified in the architectural design. They include;
Building stones
Sand and gravel
Cement

33

Ceramic wall and floor tiles
Steel bars, sheets and rods
Wood and timber
Water pipes and fittings
Electricity wiring and fitting

34

CHAPTER FOUR
4.0 Project Activities
The project is expected to generate a variety of products, by-products and wastes during its contraction
and operational phase. The characteristics of the products, by-products and wastes, followed by an
analysis is provided in this section. It is expected that during the construction phase of the project various
gaseous, liquid and solid wastes including dust emissions, construction materials, fuel spills and noise will
be generated. During the operational phase wastes fuel spills, liquid and soil wastes, air emissions, noise
and odours are expected. Subsequently, it is expected that the aforementioned products and by-products
will lead to generation of different types of wastes which will require ESM (Environmentally Sound
Management) disposal methods.

4.1 Description of the construction activities
4.1.1. Site preparation
Clearing of unwanted vegetation, marking the boundaries and fencing, to secure the site.

4.1.2. Sourcing and transportation of building, materials
Building materials will be sourced and transported to the project site from their extraction, manufacture
or storage site using transport tracks. While the sourcing of the materials will be done from the
proponents hardware stores and neighboring areas, great emphasis will be laid on procurement of
material from the local area which will make both economic and environmental sense as it will reduce
negative impacts of long distance transportation of material to the project site, saving a lot of money and
boosting economy of the region. In case where materials are not available locally or nationally, they will
be sourced oversea and transported by an appropriate means to the construction site.

4.1.3. Storage of materials
Building materials will be stored at the site where bulky materials such as rough stones, ballast, stones, and
steel will be carefully pilled on site. To avoid pilling large quantity of materials on site, the proponent will
order bulky materials such as sand, gravel, and stones in bits. Materials such as cements, paint and glasses
among others will be stored in a temporary storage structures which will be constructed within the project
site for this purpose.

4.1.4. Excavation and foundation work
Excavation will be carried out to prepare the site for construction of foundation, basement, pavement,
USTs and drainage system. This will involve the use of heavy earthmoving machinery as tractors and
bulldozers. The ground is a steep slope and therefore excavating the whole of the structure site will be
uneconomical and environment unfriendly, as such the ground will be excavated to form steps as shown
on the site plan. This will reduce the cost of construction, disturbance to soil profile and its biota and the

35

amount of waste to be generated from the excavation work. Approved anti-termite will be applied before
work commenced and approved dump proof course (D.P.C.) will be provided under the walling.

4.1.5. Underground storage tanks installation and pipe works
The installation of USTs will involve, excavation works, formation of the anchorage concrete saddles,
lowering the tanks and application of protective surfacing materials on the tank shells. Tanks shall then be
backfilled using sand or any other approved materials. Abstraction and fill manholes shall be constructed
over. The fuel conveyance pipeline and vent pipes shall be re-laid in masonry wall ducts from the tanks
manholes to the respective terminus at the dispensing pumps, off-loading points and the vent up-stand
pipes respectively.

4.1.6. Masonry, concrete works and related activities.
The construction of the building walls, foundation, floor pavement, drainage system, and perimeter
fencing among other component of the project will involve a lot of masonry works and related activities.
General masonry and related activities will include, concrete mixing, plastering, slab construction,
construction of foundation, and erection of building walls and curing of fresh concrete surfaces. These
activities are known to be labour intensive hence will be supplemented by machinery such as concrete
mixers and bulldozer.

4.1.7. Roofing and sheet metal works
Roofing activities of the commercial and residential blocks will include sheet metal cutting, raising the
roofing such as tiles and structural timber to the roof and fastening the roofing materials to the roof.

4.1.8. Plumbing
Installation of pipe work for water supply and distribution will be carried out within the buildings. In
addition, pipe work will be done to connect and drain the sewage from the premises to the council sewer
line and for drainage of storm water from the roof top into the peripheral councils storm drainage
system. Plumbing will include metals and plastic cutting, the use of adhesives, metal grinding and wall
drilling among others.

4.1.9. Landscaping
To improve the aesthetic value and visual quality of the site once construction is complete, open places
will be landscaped by the contractor. This will include ground leveling and establishing flowers gardens
and lush grass lawns so as to replenish the top soil and improve the visual quality of the site. Locally
available indigenous species will be given first priority in landscaping unless where it unavoidably calls for
exotic species.

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4.2. Construction phase products, By-products and waste
During the construction phase of the project, it is envisaged that the following products, by-products and
waste will be generated:
Particulate matter (dust emissions) arising from excavation and decommissioning activities at the
proposed site and bulk receipt of construction materials such as ballast.
Toxic gaseous emissions from various construction activities especially construction machinery
and equipment which may emit VOCs, for instance, lead, sulphur oxides, carbon monoxide and
nitrogen oxides.
Timber, polythene sheeting and nails arising from the formwork that will be used to contain
various concreting activities.
Excavation material including polythene and plastics
Waste paint and solvents
Oily Waste
Fugitive oil spills arising out of improperly serviced trucks or non-servicing of trucks and
construction equipment.
Noise arising from the use of various types of equipment during the construction phase.
Human effluent/wastes, for instance, polythene wrappers for food, excreta from construction
workers on the proposed site
Pungent odour emanating from spilt oil and organic decomposition of accumulated wastes
Proliferation of disease vectors thriving on stagnant water and uncollected wastes

4.3.0 Description of Activities during the Operation Phase
4.3.1. The Petrol Station.
The station once operational will provide several services including; Re- filling the storage tanks, Vehicle
refueling, Vehicle servicing, Shop for fuel related commodities Vehicle tyre repairing, Retail sale of LPG,
lubricants and other vehicle related products.

4.3.2. Residence
The main activity of the Residential Block during the operation stage will majorly be use of the facility by
various individuals as residence.

4.3.3. Office Space
The main activity of the Commercial Block during the operation stage will majorly be use of the facility
by various groups organization and individuals as office space for their operations.

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4.3.4. Underground fuel storage and handling
This will include offloading of fuel by tankers and filling the storage tanks.
4.3.5. Oil interceptor
This will include regular skimming of oil receptors in the interceptor.
4.3.6 Forecourt operations
Activities on the forecourt will mainly be vehicle refueling and related services.
4.3.7 LPG and other related products
The following items will be stored: LPG, Lubricants, Battery water, Brake fluids, Greases, Air, fuel and oil
filters.

4.3.8. Car parking
Those who will be staying and the residential block and operating from the commercial block with their
vehicle will have them parked at the car park designed for this purpose within the premises. The car park
will be private and not commercial hence it will not be opened to the public who will not be having any
business within the premises. There will be no other activity at the car park other than car parking. Car
repair and other vehicle related activities will be done at appropriate places within the station.

4.3.9 Solid waste
The proponent will provide facilities for handling solid waste generated within the proposed
developments. These will include a refuse storage section for temporarily holding waste within the
premises before final collection and disposal by the local Authority or a NEMA licensed firm.

4.3.10. Liquid waste
Sanitary rooms, cleaning/mopping works, washing hands after visiting the toilet are facilities and activities
from which liquid and waste water will be generated. Sewage emanating from sanitary rooms will be
discharged into the councils sewer line for discharge into the councils sewerage system.

4.3.11 Housekeeping
The cleaning activities will involve use of substantial amounts of water and detergents and which will be
done manually.


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4.3.12 General repairs and maintenance
The station facilities, residential and commercial blocks will be repaired and maintained regularly during
operational phase. Such activities will include repair of building walls, floors, forecourt, canopy, electrical
gadgets and equipment, refrigeration equipment and leaking water pipes. Painting and maintenance and
replacement of worn out furniture, equipment, appliances, and materials among others will also be
undertaken.

4.4. Operational phase products, By-products and waste
Once the project is operational, it is expected that the following products, by-products and waste will be
generated:
Oil spillage from tank trucks delivering petroleum fuels to the site, lubricants and vehicle
maintenance operations
Release of LPG vapors from cylinder
Waste from ablution facilities and marginal water emanating from equipment cleaning
Air emissions emanating from loading activities and vehicles entering and leaving the service
station.
Noise generated by vehicles and equipment
Solid waste arising from empty lubricant cans and trash from offices
Odour emanating from decomposition of improperly disposed of waste and vehicular emission.

4.5. Decommissioning stage
The decommissioning stage shall involve demolition of all the structures in the site. The wastes generated
will be carried to a dump site and others will be recycled. Iron sheets, glass, plastics, boards and wooden
frames will be re-used or recycled. The area will have to be re-vegetated. After a filling station completely
closes down and the underground tanks are removed, the area will be vegetated with the recommended
tree and shrub species to help in purifying the contaminated soils.


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CHAPTER FIVE
5.0 Methodology and result
5.1 Introduction
During the Environmental Impact Assessment, different methods were employed as tools of data
collection. The results as provided in this section have been presented as objectively as possible to avoid
any bias. The interview and questionnaire used were open ended.
Data collection methods involved were as follows;
i) Site assessment This was done by walking around the proposed site and making details of
the different sections of the site i.e. the different facilities and their provisions.
ii) Secondary data obtained from the site plans This was done through the interpretation
of the site plan drawn land use and drawings obtained from the management as attached in
the appendices.

5.2 Site assessment
This was done by walking and inspecting all areas including the soil type, facilities provided and solid
waste disposal methods were also noted. The project stage as at the date of inspection was also highly
considered and decision to carry out an Environmental Impact Assessment (EIA) reached between the
experts and projects management.

5.3 Secondary data
The secondary data involved perusing site plans and lease agreement. Information was arrived at
thorough interpretation of the secondary data as availed by the project management.

5.4 Field visit
Field visits were done which included site assessment through walking around the site and inspecting all
the areas within the site and the neighbouring premises. It is by use of the findings in this tool that enable
the impact assessment team to identify and formulate the possible mitigation measures.


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CHAPTER SIX
6.0 Project alternatives.
6.1 Introduction
Alternatives for the proposed development projects are usually wide ranging. Consideration of
alternatives is important in minimizing the adverse impacts that may arise from the proposed projects
while maximizing the positive impacts. Hence, this section describes the various alternative technologies
and processes that will be available for the proponent for implementing the project and the reasons for
selecting the chosen technologies and processes.

6.2 Project site
The relocation option to a different site is an option totally unavailable to the project as the site has been
determined by way of social surveys. The structural and physical plan has been made as per the proposed
sites physical and topographic characteristics. The land in which the project is to be situated is vast
enough for this kind of facilities and its related activities. The land in which the project is to be situated is
not within any critical ecological ecosystem, the land is not under any dispute and the proposed activity
will not affect the surrounding community as the proposed site is within the CBD a zone designated for
commercial purposes hence in characteristic with its surrounding.

Getting another parcel of land in this region that can suite the proposed project is quite difficult given
that the area / region is within the CBD. Therefore looking for such land to accommodate the project
and completing the related official details to it may take more time, over a year and thus inconveniencing
the project schedule. The proponent will also spend another good time on designs and approvals since
the design and planning has to be done according to site conditions. This will cost the proponent a large
sum of money as an extra expenditure as whatever has been done and paid for to date will be counted as
a loss.

Assuming the project will be given a positive response by the relevant authorities including NEMA, this
project would have been delayed for over a year before implementation and going by the inflationary
trends then the cost of the project shall also increase in a similar way. This is a delay that our economy
can ill afford unless absolutely unavoidable! The other consequence of this is that it would be a
discouragement to the proponent who is supporting this project. In consideration of the above concerns
vis a vis the assessment of the proposed site, the relocation of the project is thus not a viable option. In
siting the proposed project, the proponent had the following options:

Acquisition of a piece of land
The location of the proposed project had the following advantages;

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Proponent already owns the land hence presenting no cost in acquiring it.
Site is next to Kericho-Nairobi road.

6.2.2 No Project Alternative
This alternative would mean that the project does not proceed on the land; the land remains as a go-
down.
Advantages
There would be no clearing of existing grass, trees and low bush
The current natural ecosystem would not be disturbed
There would be no soil or water contamination and disturbance
Air pollution from dust as a result of the construction process will not occur
Disadvantages
A chance for creating more jobs will be lost
Secondary development will not arise
The improvement of infrastructure as a result of the project wont be realized
The value of the land will not improve

6.3 Preferred option
For this project, there are limited alternatives for the project site because the proponent has only a chance
to invest on his acquired piece of land. Therefore, emphasis is now placed on the technological
approaches that the proponent will adopt in constructing and managing the proposed filling station. For
example, the governments plan on transportation of the petroleum fuel will dictate the method adopted
by the proponent. During the operation phase, the proponent will help reduce pollution and risks to
health by dealing with the unleaded petroleum. The proponent can also minimize long term costs by
carefully selecting the materials used in constructing various components such as the dispenser pumps.
Although there are minimum alternatives for the proposed project site, the available site needs to comply
with the following minimum requirements.
Access and accessibility
impacts on the environment
location within urban area

6.4. Analysis of Alternative Construction Materials and Technology
The proposed developments will be constructed using modern, locally and internationally accepted
materials in order to achieve public health, safety, security and environmental standards as well as
aesthetic requirements. Local raw materials such as sand, ballast, hardcore cement, iron sheet and water

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will be given first priority in terms of construction, but without compromise to quality to minimize any
negative impact that can be caused through long distance transportation of materials. Equipment that
save energy and water will be given first priority without compromising on cost or availability factors.
The concrete pillars and walls will be made using locally sourced stones, cement, sand, metal bars and
fitting that meet the Kenya bureau of standards requirements.

The proponent will give priority to the use of clay tiles as they are good is heat insulation. This option will
demand long distance transportation of this material and heavy use of timber. Second option will be use
of Pre-painted durable Galvanized tile Iron sheets will be used as they are good in rain water harvesting as
compared to the clay tiles roofs. Heavy use of timber during the construction is discouraged because of
destruction of forest and therefore use of steel bars for roofing and support works is recommended. The
exotic species would be preferred to indigenous species in the construction where need will arise.

6.5. Waste management alternatives
Solid waste will be generated from the proposed project hence an integrated solid waste management
system is recommended. The proponent will also manage wastes generated in accordance with the
Environmental Management and Coordination (Waste Management) Regulation of 2006. The proponent
will give priority to reduction at source of the materials. This option will demand a waste management
awareness program for the management and the occupants of the facility. Recycling, reuse and
composting of the waste will be the alternative in priority. This will call for source separation program to
be put in place.

Liquid waste generated will be handled in accordance with the Environmental Management and
Coordination (water quality) Regulation of 2006. The proponent will give first priority to connecting the
facility to the municipals sewerage system via a sewer line that passes nearthe proposed project site.

6.6 No Project option
Without the project, the status quo remains. This means that no gains utilized in relation to provision of
job opportunities, payment of levies and taxes, provision of fuel among other benefits associated to the
proposed project implementation. Looked upon in the environmental aspect, the option has no adverse
effects.


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CHAPTER SEVEN
7.0 Legal, policy and administrative framework
Environmental Impact Assessment (EIA) is a methodology used to identify the actual and probable
impacts of projects, plans, strategies and programmes on the environment and to recommend alternatives
and mitigative measures. The assessment is required at all stages of project development with a view to
ensuring environmentally sustainable development for both existing and proposed public and private
sector development ventures.

Since independence sectoral and sometimes conflicting laws and regulations governing natural resource
use existed in Kenya. Over a long period of time, due to lack of comprehensive environmental law a lot
of environmental degradation was done hence loss of important forest cover, pollution (water, air and
land) among other forms of environmental damages. Large investments were made and projects which
didnt have environmental consideration were initiated. Collapse or conflicts with interest groups of such
projects has been witnessed in the country. Various Acts of parliament are discussed below as they relate
to the environment and the sector into which the project has interest.

7.1 Legal Provisions
7.1.1 The Environment Management and Coordination Act, 1999
Part II of the environment Management and Coordination Act, 1999 states that every person in Kenya is
entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment.
In order to ensure this is achieved, part VI of the same act directs that any proponent of a new project
should undertake EIA study, while the projects proponent for ongoing projects shall conduct an EA
survey for the projects under clause 68 and prepares appropriate reports for submission to the National
Environmental Management Authority (NEMA), who in turn may issue a license as appropriate.

7.1.2 The Environmental Impact Assessment and Audit Regulations, 2003 (Legal Notice No.
101)
Regulation 24 EIA license
Environmental Impact License shall be issued after the authority approves the study report under
regulations 23, and shall be issued in form and accompanied by the prescribed fee of 0.05% of the
total cost of the project.

Regulation 28 False or incorrect information
Substantial change or modification and when project poses an environmental threat or revelation that
information or data given by the license were false, incorrect or intended to mislead.
Regulation 24 Annual Environmental Audit

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Self auditing after presentation of an EIA study report shall be undertaken by the licensee to ensure
the implementation of environmental management plan is audited on regular basis, an audit report
submitted to NEMA annually and ensuring that the criteria to audit is based on environmental
management plan developed during the EIA process or after the initial audit.
Regulation 40 - Monitoring changes after project implementation
Monitoring by NEMA and Lead Agencies shall be done to establish any possible changes in the
environment and their possible impacts, immediate and long term effects of its operations, identify
and determine parameters and measurable indicators and conduct changes that occurred after
implementation.

7.1.3 Waste Management regulations, 2006
This along with water quality regulations are among the newest regulation aimed at fully implementing
EMCA 1999.
Part II General Provisions
(1) No person shall dispose of any waste on a public highway, street, road, recreational area or in any
public place except in a designated waste receptacle.
(2) Any person whose activities generate waste shall collect, segregate and dispose or cause to be disposed
off such waste in the manner provided for under these Regulations.
(3) Without prejudice to the foregoing, any person whose activities generates waste has an obligation to
ensure that such waste is transferred to a person who is licensed to transport and dispose off such waste
in a designated waste disposal facility.
Section 5(1) Any person whose activities generate waste shall segregate such waste by separating
hazardous waste from non-hazardous waste and shall dispose of such wastes in such facility as is provided
for by the relevant Local Authority.
6. (1) any person who owns or controls a facility or premises which generates waste shall minimize the
waste generated by adopting the following cleaner production principles: improvement of production
process through: conserving raw materials and energy
(ii) Eliminating the use of toxic raw materials within such time as may be prescribed by the Authority
(iii) Reducing toxic emissions and wastes monitoring the product cycle from beginning to end by:
identifying and eliminating potential negative impacts of the product.
(ii) Enabling the recovery and re-use of the product where possible.
(iii) Reclamation and recycling.
(c) Incorporating environmental concerns in the design, process and disposal of a product.

7.1.4 Water quality regulations, 2006
Section 10 (1) No person shall use water for trade or industrial undertaking unless such person complies
with the standards established by the competent lead agency in regard to that particular activity.

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(2) The Authority in consultation with the relevant lead agencies shall take measures to ensure compliance
with the said standards by the owner or operator of the facility.
Section 11. No person shall discharge or apply any poison, toxic, noxious or obstructing matter,
radioactive waste or other pollutants or permit any person to dump or discharge such matter into the
aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive
waste or pollutant complies with the standards set out in the Third Schedule of the Regulations.
12. (1) Every local authority or person operating a sewage system or owner or operator of any trade or
industrial undertaking issued with an effluent discharge licence as stipulated under the Act shall comply
with the standards set out in Third Schedule to the Regulations.
(2) Every local authority or person operating a sewage system or owner or operator of any trade or
industrial undertaking shall be guided by the monitoring guide for discharge into the environment as set
out in the Fourth Schedule to the Regulations or as the Authority may prescribe.
13. (1) Every owner or operator of a trade or industrial undertaking issued with a licence by a local
authority or sewerage service provider to discharge effluent into any existing sewerage systems shall
comply with the standards set out in the Fifth Schedule to these Regulations.
14. (1) Every person who generates and discharges effluent into the environment under a licence issued
under the Act shall carry out effluent discharge quality and quantity monitoring in accordance with
methods and procedures of sampling and analysis prescribed by the Authority, and shall submit quarterly
records of such monitoring to the Authority or its designated representative.
(2) Such discharge monitoring record shall be in the prescribed form as set out in Sixth Schedule of the
Regulations.

7.1.5 The Public Health Act
Section 13 of the Public Health Act makes it the duty of every local authority (in the capacity of health
authority) to take all lawful, necessary and reasonably practicable measures to safeguard and promote
public health.
Part IX of the Act deals with sanitation and housing, and is of most significance for the control of
polluting discharges. Section 116, imposes a duty on every local authority to maintain its district in a clean
and sanitary condition, to prevent nuisances and prosecute those responsible for nuisances. Nuisances
include drains and sewers for the discharge of pollutants into watercourses and lakes.
Section 126 of the Public Health Act empowers the Minister to make rules on the following:
The drainage of lands, streets or premises, the disposal of offensive liquids, and the removal of, inter alia,
waste matters;
The Public Health (Drainage and Latrine) Rules made under section 126 of the Act, makes more specific
provision for drainage. The Rules
Require the drainage of new buildings;

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Prohibit the drainage of surface water into foul water sewers;
Prohibit the discharged into sewers of matter which may interface with the free flow of the
sewage or injure the sewer;
Empower the local authority to prohibit the discharge of injurious matter into sewers;
Impose a requirement for permits to be obtained from the local authority before the making of
sewer connections or the construction of sewage treatment works.

7.1.6 The Water Act, 2002
The water Act aims to make better provision for the conservation, apportionment and use of water
resources of Kenya. It prohibits persons from diverting, abstracting, obstructing or using water from a
body of water except as provided for in the Act (Section.5).
The Act stipulates that a permit shall be required in all cases of proposed diversion, abstraction,
obstruction, storage or use of water, with minor exceptions relating to use for domestic purposes
(Section.36). Under the Water Act (General) Rules, it is stated that any rights acquired under the permit
are subject to the Public Health Act and the Malaria Prevention Act, in addition to the Water Act
itself. The Public Health Act has wide-ranging provisions on pollutant discharges, which are set out
below.
The Water Act (General) Rules make provision for discharges in a number of respects, as follows:
Effluent shall not be returned to any body of water unless it has been purified. Further, it must
not contain poisonous or injurious matter or excess silt, gravel or boulders.
Water used for pulping, mulling or washing of coffee shall be efficiently screened.
The regulating authority may determine the potential prejudicial effects of the pollutant discharges
and order the removal already made.
It is an offence to allow effluent discharges, either domestic or industrial, if this would harm fish,
and a fish warden may order its removal. Plans for rendering such effluent innocuous shall be
submitted to and approved by the enforcing authority.
Additionally the applicant for a water permit is required to outline the methods to be used for treating
effluent before discharge (Form WAB 13, question 18). The permit would only be issued subject to
satisfactory provision being made for the treatment of effluent. The Water Act, apart from the Rules,
makes only limited provision for controlling water pollution. The provision is limited to the pollution of
drinking water.
Under section 145, the water undertaker may make regulations to control polluting activities, which may
threaten its source of water. It may itself construct the necessary works for intercepting, treating or
disposing of foul water (s.149). Section 158 makes it an offence to pollute such waters. Similarly, under
section 169, it is an offence to throw or convey polluting matter into a body of water.


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7.1.7 The Physical Planning Act
The Act makes provision for development control. Persons wishing to undertake development must
apply for and obtain consent from the local planning authority. The planning authority when
considering a planning application shall have regard, inter alia, to the health, amenities, and
convenience of the community generally, and the proper planning and density of development and
use of land in the area.
Conditions imposed in granting consent to a planning application may require or prohibit specified
activity. They may also require the applicant to enter into an undertaking to observe the conditions
imposed and to furnish security to this end.

7.1.8 The Public Health Act
Section 13 of the Public Health Act makes it the duty of every local authority (in the capacity of
health authority) to take all lawful, necessary and reasonably practicable measures to safeguard and
promote public health.
Part IX of the Act deals with sanitation and housing, and is of most significance for the control of
polluting discharges. Section 116, imposes a duty on every local authority to maintain its district in a
clean and sanitary condition, to prevent nuisances and prosecute those responsible for nuisances.
Nuisances include drains and sewers for the discharge of pollutants into watercourses and lakes.
Section 126 of the Public Health Act empowers the Minister to make rules on the following:
The drainage of lands, streets or premises, the disposal of offensive liquids, and the removal of, inter
alia, waste matters;
The Public Health (Drainage and Latrine) Rules made under section 126 of the Act, makes more
specific provision for drainage. The Rules
Require the drainage of new buildings;
Prohibit the drainage of surface water into foul water sewers;
Prohibit the discharged into sewers of matter which may interface with the free flow of the
sewage or injure the sewer;
Empower the local authority to prohibit the discharge of injurious matter into sewers;
Impose a requirement for permits to be obtained from the local authority before the making of
sewer connections or the construction of sewage treatment works.

7.1.9 Land Control Act Cap. 302
Land Title Deed
A land title deed shall be applied for where land is to be disposed of by way of sale, transfer, lease,
exchange or position to a person who is; -
(i) A citizen of Kenya; or

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(ii) A private company or co-operative society all of whose members are citizens of Kenya; or
(iii) Group representatives incorporated under the land (Group Representatives) Act; or A state
corporation within the meaning of state corporation Act:

7.1.10 The Local Government Act
The Act also contains provisions empowering local authorities to control discharges. Under s.163 a
local authority may control or prohibit activities, both industrial and domestic, which constitutes a
source of danger, discomfort or annoyance to the neighborhood, as an offensive trade or as have
been gazzetted by the Minister. One further way of control is for the local authority to refuse to
license the activity on the ground that the treatment method proposed is not adequate [s.165].
Generally, it is the local authoritys duty to establish and maintain sewerage and drainage works within
its area (s.168). It may charge for this service [s.176 (2)], and the charge is recoverable from the
owner of any land or premises served.

7.1.11 Building Codes
The local government (adoptive By-laws) order, 1968 and grade 11 building order, 1968. The bylaws
set out in this order shall be the adoptive building bylaws, which a municipal or county may adopt.

7.1.12 Registration of Titles Act: Cap. 281
The proponent has the Title deed, and the transfer of lease certificate and receipts payable to the
Kericho Town Council and Kenya Revenue Authority as proof on;-
Section 23 Certificate of Title Deed
The certificate of title issued by the registrar to a purchase of land upon a transfer or transmission by
the proprietor therefore shall be taken by all courts as conclusive evidence that the person named
therein as proprietor of the land is the absolute and indefeasible owner thereof, subject to the
inconveniences, casements, refractions and the title of that proprietor shall list be subject to challenge,
except on the group of fraud or misrepresentation to which he is proved to be a party.

7.1.13 The Penal Code Cap. 63
The chapter on offences against health and convenience contained in the penal code enacted in 1930
strictly prohibits the release of foul air into the environment, which affects the health of the other
person. Any person who voluntarily violates the atmosphere at any place, to make it noxious to the
health of persons in general dwelling or carrying on business in the neighborhood or passing along
public ways is guilty of a misdemeanor i.e. imprisonment not exceeding two years with no option for
a fine.


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Section 191 Fouling water
The contractor shall ensure that during construction no foul water of any public spring or reservoir is
rendered unfit for the purpose for which it was ordinarily used for by the community.

7.1.14. The Energy Act, 2006.
The Energy Act, 2006 is the primary legislation in Kenya that regulates petroleum operations. This
Act commenced on December 30th, 2006. The Energy Regulatory Commission stipulates the
licensing requirements for all types of petroleum installations. A key aspect under this piece of
legislation is the requirement for a petroleum project proponent to acquire an annual permit to store
petroleum products in bulk and to display it conspicuously at the petroleum-dispensing site.

Kenya Standards, KS 1967, KS 1968, KS 1969
The recommended safe practice in the design, construction, installation and maintenance of electrical
and earthing and bonding systems intended to be used in flammable and combustible liquid storage,
pumping, distribution and marketing facilities have been adhered to. The electrical system will be
designed and installed in accordance with the hazardous area classification of all electrical equipment
used at a service station. Emergency power control switches will be strategically installed in order to
facilitate general power cut of the entire service station in case of emergency. The recommended safe
practice on installation of underground storage tanks of individual capacity not exceeding 85 000 L,
pumps / dispensers and pipe work at service stations and consumer installations have been complied
with.

7.1.15. Weights and Measures Act, Cap 513.
The above named Act mandates the Weights and Measures Department to annually certify the
mechanical pumps and dispensers in order to ensure that they are properly calibrated to dispense the
right amounts of the petroleum products. During the certification exercise, the measuring
mechanisms inside the pumps are sealed with a seal-mark of quality assurance. The Weights and
Measures Department issues a Certificate of Verification for all the mechanical pumps which is
usually valid for 1 year.

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7.1.16. Conservation of Biological Diversity (BD) Regulations 2006
These regulations are described in Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of
December 2006. These Regulations apply to conservation of biodiversity which includes Conservation of
threatened species, Inventory and monitoring of BD and protection of environmentally significant areas,
access to genetic resources, benefit sharing and offences and penalties.
7.1.17. Fossil Fuel Emission Control Regulations 2006
These regulations are described in Legal Notice No. 131 of the Kenya Gazette Supplement no. 74,
October 2006. The regulations include internal combustion engine emission standards, emission
inspections, the power of emission inspectors, fuel catalysts, licensing to treat fuel, cost of clearing
pollution and partnerships to control fossil fuel emissions. The fossil fuels considered are petrol, diesel,
fuel oils and kerosene.
7.1.18. Noise and Excessive Vibration Pollution) (Control) Regulations, 2009
Section 14 (1) says, where defined work of construction, demolition, mining or quarrying is to be carried
out in an area, the Authority may impose requirements on how the work is to be carried out including but
not limited to requirements regarding
(a) Machinery that may be used, and
(b) The permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations.
(2) The relevant lead agency shall ensure that mines and quarries where explosives and machinery used are
located in designated areas and not less than two kilometres away from human settlements.
(3) Any person carrying out construction, demolition, mining or quarrying work shall ensure that the
vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30
metres from any moving source.

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On Permissible noise levels, section 5 say No person shall make, continue or cause to be made or
continued any noise in excess of the noise levels set in the First Schedule to these Regulations, unless
such noise is reasonably necessary to the preservation of life, health, safety or property.
Section 15: Any person intending to carry out construction, demolition, mining or quarrying work shall,
during the Environmental Impact Assessment studies-
Identify natural resources, land uses or activities which may be affected by noise or excessive
vibrations from the construction, demolition, mining or quarrying;
Determine the measures which are needed in the plans and specifications to minimize or
eliminate adverse construction, demolition, mining or quarrying noise or vibration impacts; and
Incorporate the needed abatement measures in the plans and specifications.
Section 16 (1) Where a sound source is planned, installed or intended to be installed or modified by any
person in such a manner that such source shall create or is likely to emit noise or excessive vibrations, or
otherwise fail to comply with the provisions of these Regulations, such person shall apply for a license to
the Authority.

7.2 Sector Environmental Policies
7.2.1 The New National Housing Policy
The National Housing Policy is intended to arrest the deteriorating housing conditions countrywide and
to bridge the shortfall in housing stock arising from demand that far surpasses supply, particularly in
urban areas. This situation has been exacerbated by population explosion, rapid urbanization, widespread
poverty, and escalating costs of providing housing. The shortage in housing is manifested in
overcrowding, proliferation of slum and informal settlements especially in peri-urban areas. In the rural
areas the shortage manifests itself in the poor quality of the housing fabric and lack of basic services such
as clean drinking water. The policy aims at:
Enabling the poor to access housing and basic services and infrastructure necessary for a healthy
living environment especially in urban areas.
Encouraging integrated, participatory approaches to slum upgrading, including income-generating
activities that effectively combat poverty.
Promoting and funding of research on the development of low cost building materials and
construction techniques

52

Harmonizing existing laws governing urban development and electric power to facilitate more cost
effective housing development
Facilitating increased investment by the formal and informal private sector, in the production of
housing for low and middle-income urban dwellers.
Creating a Housing Development Fund to be financed through budgetary allocations and financial
support from development partners and other sources.

7.2.2 National Environmental Action Plan (NEAP)
Through the National Environmental Action Plan (NEAP, 1994), the Kenyan Government recognized
the dangers posed by negative impacts on ecosystems emanating from industrial, economic and social-
welfare development projects and programs when there was remarkable disregard on their implications
to the concept of environment sustainability, intergenerational and intergeneration equity, among others.
Following on this, establishment of appropriate policies and legal guidelines as well as harmonization of
the existing ones have been accomplished and/or are in the process/pipeline of development. Under the
NEAP process EIA was introduced and among the key participants identified were the industrialists
communities and local authorities.

7.2.3 National Policy on Water Resources Management and Development
While the national Policy on Water Resources Management and Development (1999) enhances a
systematic development of water facilities in all sectors for promotion of the countrys socio-economic
progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for
development of appropriate sanitations systems to protect peoples health and water resources from
institution pollution. Industrial development projects, therefore, should be accompanied by
corresponding waste management systems to handle the wastewater and other waste emanating there
from.
The same policy requires that such projects should also undergo comprehensive EIA/EA that will
provide sustainable measures to be taken to ensure environmental resources and peoples health in the
immediate neighborhood and further downstream are not negatively impacted by the emissions.
In addition, the policy provides for charging levies on wastewater on quantity and quality (similar to
polluter-pays-principle) in which those contaminating water are required to meet the appropriate cost on
remediation, though the necessary mechanisms for the implementation of this principle have not been
fully established under the relevant Acts However, the policy provides for establishment of standards to
protect water bodies receiving wastewater, a process that is ongoing.


53

7.2.4 Policy Guidelines on Environment and Development
Among the key objectives of the Policy Paper on Environment and Development (Sessional Paper No.6
of 1999) are:-
To ensure that from the onset, all development policies, programmes and projects take
environmental considerations into account,
To ensure that an independent environmental impact assessment (EIA) report is prepared for
any industrial venture or other development before implementation,
To come up with effluent treatment standards which will conform to acceptable health
standards?
Under this paper, broad categories of development issues have been covered that require sustainable
approach these issues include the waste management and human settlement sectors.
The policy recommends the need for enhanced re-use/recycling of residues including wastewater, non-
waste technologies, increased public awareness raising and appreciation of clean environment. It also
encourages participation of stakeholders in the management of wastes within their localities.

Regarding human settlement, the paper encourages better planning in both rural and urban areas and
provision of basic needs such as water, drainage and waste disposal facilities among others.

7.3 Compliance level on the environment, health and safety
Cleanliness
Cleanliness in the site during design implementation stage will be maintained by recycling, re-use and
proper dumping of solid waste materials. The proponents also will hire a NEMA certified garbage
collector during the operational stage of the facility. Recycling, re-use and reduction at the source are
methods, which will be employed throughout the life cycle of the project to ensure that there is proper
waste management.

Overcrowding
The proposed facilities will be constructed in such a way that there is ample space for each client, tenant
and in-coming and leaving vehicles.

Fire precautions
Fire extinguishers are of vital importance to any facility where fires are likely to occur. Sources of fire in
this facility include;
i) Due to the waste paper generation as well as packaging materials from the commercial block
ii) Explosions from LPG from the station

54

iii) Fires from accidental petroleum product spills from the station
iv) Fires as a result of electric faults and
v) Fire from the kitchen of the residential houses.
To overcome the effects of these fires, the facilities will be fitted with sufficient fire extinguishers which
are of right type. These fire extinguishers will be fitted by fire experts.

Water
Clean water and wholesome water will be provided by private water providers. The water will be used
during construction and after commissioning of the project. Rain water will also be harvested.

Drainage
The drainage in the site will be ensured by constructing enough drainage channels on the ground. The
open grounds will be made slightly sloppy to enable water flow to the drainage channels provided.
Sanitary facilities
The area is served with the Municipal sewerage system. Waste water from the facility will be directed to
the sewer system.

Lighting and ventilation
The designs of the structures have been drawn by approved designer. Enough windows, wall ventilators
and doors have been designed. Lighting will be provided by electricity and windows.

Safety
During the construction stage / design implementation stage, workers will be provided with sufficient
and adequate protection gears. The site shall also be fenced to keep off trespassers. A notice will be put in
place showing the ongoing activity. During the operation stage a private security guard will be hired.

7.4 Environmental Management and Co-Ordination Act, 1999
This requires the proponent to submit an E.I.A report to the National Environmental Management
Authority. The proponent has contracted the environmental experts to conduct the E.I.A.

7.5 Regulation 31, Subparagraph (3) of the E.I.A and E.A Regulations 2003
This section requires an initial environmental audit to be done on the project. The proponent will
contract the environmental experts to do the Initial Environmental Audit and Monitoring.

7.6 The Landlord and Tenant (Shops, Hotels and Catering Establishment) Act Cap 301
The management is committed to ensure safety for the tenants and the employees. The proponent also
will hire both day and night guards. In order that the premises are fit and comply with the laws relating to

55

health in all aspects, different experts such as engineers, environmental and health and safety experts will
be contracted.

7.7 The Building Act Code
The code provides for standards by which buildings should be constructed. These standards will used by
the Municipal Council to approve all the buildings.

7.8 Public Health Act Cap 242
In order to ensure compliance with the Act, management will contract garbage collectors who will ensure
the waste produced is regularly collected. The buildings will be repaired, cleaned and painted when need
arise. Free access to the facility by any medical officers, police officers or health inspectors will also be
guaranteed.
Waste generators responsibilities
- The management at the proposed project will take responsibilities of the waste generated from the
facility. This will be done through contracting licensed waste dealers to dispose off the waste on
behalf of the management.
- Waste from the petrol station will be collected in the waste collection point prior to final
collection by the waste dealer.
- Environmental concern will be incorporated in the design and disposal of waste products to
enhance environmental sustainability.
- Waste which will be generated will be composed of solid and liquid wastes especially waste papers
and other household wastes.

MAY 2013
CHAPTER EIGHT
8.0 Impact identification, evaluation and mitigation measures.
Introduction
Various impacts will be involved during the implementation of the proposed project. Mitigation measures have been suggested to the developers to assist in the
minimization of these identified impacts. The table below shows some of the impacts associated with the proposed project.

Table 8.1 : A table showing the anticipated impacts in different project stages
Project stage Positive impacts Anticipated negative impacts
Designing phase
Promotion of services providers e.g. architects and
contractors.
Benefit to the economy of our country through payment of
the authorization letters.
The stage is not associated to any kind of negative impacts.
Construction phase
Job opportunities are provided to both skilled and semi-
skilled workers.
Promotion of informal sector
Promotes local trade when purchasing construction
materials.
Increase in GDP
Boosting of security
Landscape and ecological change
Soil erosion
Solid waste management
Liquid waste management and oil spills
Dust generation and aerosol emissions
Noise pollution
Generation of exhaust emissions(air pollution)
Workers safety and health
Increased pressure on available infrastructure

Operation stage
Source of employment Vector breeding grounds

57

Beneficial use of land
Improved access to water and electricity
Efficiency in service delivery
Improved revenue to central and local governments
Boosting of security
Provision of fuel products
Provision of clean and affordable residence
Provision of office spaces
Pollution of surface and ground water
Oil and fuel spills in the forecourt during fueling and off
loading of petroleum
Oil and fuel spills at the dispensers and under dispenser trays
Oil and fuel spills along the pipe-work
Oil leakages at the underground tanks
Decommissioning phase
Productive land use Emissions to air
Soil waste generation
Generation of exhaust emissions
Noise and vibrations
Solid waste generation
Dust emissions
Loss of employment opportunity
MAY 2013
8.1 Potential impacts and the recommended mitigation measures
Table 8.2: A table showing the potential impacts and the recommended mitigation measures
Proposed project
stage
Possible impacts Mitigation measures
During Construction
stage

Noise and vibration pollution
Switching off machines while not in use.
Restrict working hours to periods which are not associated to human disturbances
especially the recommended working hours 8.00 am 5.00pm
Provide workers with ear masks.
Regular servicing of working machines
Visual intrusion on neighbours
In case of unwelcomed visual intrusions between lines of vision affecting neighbouring
facilities, taller aesthetic trees should be strategically grown.
The selected colour of the buildings should be made appealing to the general community
other than to suit institutional functions.
Roadside vending
The contractor should identify, demarcate and fence a specific area within which specific
number vendors will be allowed to operate.
The vendors should be instructed to maintain the area in a tidy fashion and litter bins
should be provided with arrangements in place to have the contents of these emptied on
a regular basis and disposed of appropriately.

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Timber scaffolding & form support
The use of local timber should be kept to a minimum with such sources being approved
by the relevant authorities like Forestry Department.
Steel scaffolding should be used in preference to timber and the Contractor should
ensure that sufficient quantities of scaffolding are available for hire at the time of
construction.
Earth materials sourcing
Earth materials (e.g. marl, sand, aggregate) must be obtained from officially licensed and
approved quarries and copies of the relevant licenses made available by the Contractor
for inspection at the site
Material Transport
The transport of lubricants and fuel to the construction site should only be done in the
appropriate vehicles and containers, i.e. fuel tankers and sealed drums.
As far as possible, transport of construction materials should be scheduled for off-peak
traffic hours.
Appropriate traffic warning signs, informing road users of a construction site entrance
ahead and instructing them to reduce speed, should be placed along the main road in the
vicinity of the entrance to the site during the construction period.
Flagmen should be employed to control traffic and assist construction vehicles as they
enter and exit the project site.
Spillages of cement on public roadways must be cleaned up immediately by the carrier.
Over-saturated conditions, which would cause outgoing trucks to track mud onto the
main public road, should be avoided.

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Impervious surfacing & runoffs
Water runoff will be handled by construction and designing of curbs, channels, side inlets
and road side ditches to channel water into the main drainage lines. These must be
designed to prevent ponding and flooding of Kericho-Nairobi Road and the adjacent
properties.
All drainage lines will be kept open and no obstruction shall be built within these lines.
All fine earth materials must be enclosed during transport to the site to prevent spillage
and dusting. Trucks used for that purpose should be fitted with tailgates that close
properly and with tarpaulins that completely cover the materials.
Materials stockpiling & storage
The stockpiling of construction materials should be properly controlled and managed.
Fine-grained materials (sand, marl, etc.) should be stockpiled away from any surface
drainage channels and features.
Low berms should be placed around the piles of sand and marl and/or tarpaulin used to
cover open piles of these materials to prevent them from being washed away during
rainfall.
Safe storage areas should be identified and retaining structures put in place prior to the
arrival and placement of material to limit fugitive dust.
Materials to be delivered on site in installments.
Traffic Congestion
Construction of a lay bay along Kericho-Nairobi Rd to filter traffic in and out of the
road.
Issue notices/advisories of pending traffic inconveniences and solicit tolerance by local
residents before the commencement of construction works.
Assign traffic regulators to places during periods of chronic or potential traffic

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congestions.
Prepare & provide appropriate signage & trained flag persons where the movement of
heavy machinery and construction equipment may cross the main roads.
Soil Erosion
Stage site clearance works so as to minimize the area of exposed soil at any given
time.
Re-cover exposed soils with grass and other ground cover as soon as possible.
Temporarily bund exposed soil and redirect flows from heavy runoff areas that
threaten to erode or result in substantial turbid surface runoff to adjacent drainage
waters.
Monitor areas of exposed soil during periods of heavy rainfall throughout the
construction phase of the project to ensure that any incidents of erosion are quickly
controlled.
Leveling of the project site to reduce run-off velocity and increase infiltration of
storm water into the soil, therefore avoid compaction where possible.

Provide workers with reflective garments.
Regular servicing of working machines.
Train workers on manual handling techniques.
Deploy an expert to lead first aid administration.
Provision of adequate safety garments and enforce on their usage.
Discourage trespass.
Put signage on the ongoing activities.

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Compaction
After construction phase, soils should be loosened using deep ploughing techniques.
Soils with hardening components such as cement should be diluted and fertilised to
encourage aeration.
Construction debris and other rejected
construction materials.

Reduce wastes from the point of generation by purchasing high standard and
recommended materials.
Instruct workers to avoid damage of working materials.
Contract NEMA registered garbage collector to collect waste on regular basis.
Embrace the 3Rs concept (Reduce, Reuse and Recycle).
Dust generation and aerosol emission

Sprinkle water to harness dust level.
Provide workers with nose masks.
Use enclosed mixtures and other machines.
Injuries from vehicles delivering materials.

Set relatively low speed limit within the site.
Encourage transport vehicle owner to insure their vehicles on regular basis.
Discourage parking near the entrance or exit routes.
Landscape and ecosystem change
Once the project is completed any bare land will be re-vegetated with indigenous grass,
shrubs and trees
Landscaping will be done to reduce any negative impacts
Only specified areas of construction will have vegetation cleared
Loss of terrestrial habitat & biodiversity
protecting the existing individual trees as much as possible
Water supply
Provide adequate water storage reservoirs on the construction site to meet project needs
during periods of high demand externally and refill the tanks during periods of low

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demand (e.g. late at night).
Engaging water supply tankers in case of total supply failure.
Liquid wastes and oil spills
Ensure oil changing for vehicles is not done on site
Collecting basins can be used to ensure that any spillage does not reach the ground
Avoid excessive water use
Connect to the Municipal Sewer line
Construct a fully operational OWS
Operation Stage.

Solid waste management problem from the
site.

Contract NEMA registered garbage collector.
Encourage tenants, workers and clients to use temporary storing wastes before collection
by the hired collector.
Regular collection of waste by the contracted garbage collector.
Drain blockages
The proponent should ensure that there is adequate means of handling large quantities
of sewage blockages as well as related emergency situations.
Proper monitoring at waste generation points should be established. A site management
plan should be put in place.
Increased pressure on infrastructure
The proponent should maintain close operations with service providers such as The
Kenya Power and Lighting Company, water suppliers, Waste collection companies, e.t.c.
The proponent should invest in resource conservation techniques such as energy saving
lamps, automated regulation systems (energy saving), solar heating systems, e.t.c.
Principles of Cleaner Production should be applied to ensure optimal system
performance. Leakages, unattended lighting and all other waste streams should be
managed appropriately.

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Waste water and sewerage system
management.

Avoid materials which may block pipes
Connect to municipal sewer line
Regular maintenance of the drainage trails.
Ensure that there is no unnecessary wastage of water by;
Encouraging reuse of waste water.
Ensuring taps are tightly closed and not leaking.
Oil and fuel spills in the forecourt during
fueling and off loading of petroleum products
Ensure that the forecourt is made of impervious material so that no seepage is allowed
The design will be such that peripheral surface drainage channels or kerbs will be used to
divert all spills and runoff to an oil/water separator
Absorbent materials will be used to contain any spills
Rodding eyes and manhole chambers will be double sealed to prevent ingree of fuel
Once emptied, tanks should be water filled by the fire brigade. During the whole
forecourt should be a restricted area.
Oil and fuel spills at the dispensers and under
dispenser trays
Oil and fuel spillage should be directed to an interceptor for recovery and appropriate
disposal
Under pump sumps to be made
Appropriate leak detector device to be fitted
Oil and fuel spills along the pipe-works
The pipe-work should be adequately protected against corrosion particularly at the joints
Steel and glass reinforced plastic pipe-work will be connected to tanks or dispensers using
flexible connections to allow for relative movement and ensure no resulting load is
transmitted to the pipe-work

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Oil leakages at the underground tanks
The tank to be constructed of material that is resistant to the local ground conditions i.e.
steel and provided with appropriate corrosion protection
Leak detectors to be fitted
The coating to be inspected for damage and tested for thickness and continuity prior to
installation.
For any leakage detected, the tank should undergo a detailed inspection and assessment
by a competent person to determine whether repair of tanks or replacement may be
feasible and appropriate measure taken
Fire outbreak.

Install and regular maintenance of the fire fighting equipments
Clearly labeling fire exit route.
Staff to be made clearly aware of fire hazards
Generation of exhaust emissions (air
pollution)
Sensitize truck drivers to avoid unnecessary racing of vehicle engines at
loading/offloading points and parking areas.
Vector breeding grounds
Include an efficient storm water and waste management systems that will prevent the
accumulation of rain water
All trenches and drains should be kept clear of all debris
Decommissioning
stage

Loss and damage of properties during
demolition activities
Removal of properties that are not intended to be destroyed before the actual demolition
process.
Proper supervision during demolition activities.
Loss of employment opportunities

A good phase out programme for employees should be put in place from the onset of the
project

66

Accidents to the demolishing team.

Issue the workers with reflective garments.
Supervisors to instruct the worker and ensure that no one is at risk by falling objects.

Loss of environmental aesthetics beauty.

Ensure complete collection and disposal of wastes after demolition.
Landscaping the affected areas.
Conduct a decommissioning audit.
MAY 2013
CHAPTER NINE
9.0 Environment, Health and Safety (EHS)
9.1 EHS Management and administration
The EHS is a broader and holistic aspect of protecting the worker, the workplace, the tools / equipment
and the biotic environment. It is an essential tool in determining the EIA study. The objective of the EHS
on the proposed project is to develop rules that will regulate occupational safety measures during
construction and the operation phases of the proposed project by:
Avoidance of injuries
Provision of safe and healthy working environment for workers comfort so as to enhance maximum
output.
Control of losses and damages to plants, machines, equipment and other products.
Enhance environmental sustainability through developing sound conservation measures.

9.2 The guiding principles to be adopted by the contractor
The development will be guided by the following principle: -
It will be a conscious organization committed to the promotion and maintenance of high standards
of health and safety for its employees, the neighboring population and the public at large.
Ensuring that EHS activities are implemented to protect the environment and prevent pollution.
Management shall demonstrate commitment and exercise constant vigilance in order to provide
employees, neighbors of the project and the environment, with the greatest safeguards relating to
EHS.
Employees will be expected to take personal responsibility for their safety, safety of colleagues and of
the general public as it relates to the EHS management plan.

9.3 EHS management strategy to be adopted by the contractor
The following strategies will be adopted to achieve the above objectives:
Maintain an effective reporting procedure for all accidents.
Provide appropriate tools and protective devices for the success of the project.
Encourage, motivate, reward and support employees to take personal initiatives and commitment on
EHS.

9.4 Safety requirement at the project site during construction and operation period
(a) The contractor
The contractor will ensure that:
Safe means of entry and exit exist at the proposed project site.
Ensure adequate briefing of job at hand on the safe system of work before commencement of work
The EHS consultant must maintain constant assessment of the risk involved as the work progresses

68

(b) The Traffic / Drivers
The following traffic rules will be observed along the project route: -
Observe speed limits and all other signs and obey traffic rules.
Discourage unnecessary reversing and turning of motor vehicles.

9.5 Emergency procedure during construction and operation.
In the event of an emergency during construction, the workers shall:
Alert other persons exposed to danger.
Inform the EHS coordinator.
Do a quick assessment on the nature of emergency.
Employees who have been skilled with first aid administration skills will assist the EHS coordinator
in situations whereby first aid will be necessary.

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CHAPTER TEN
10.0 Public consultation
The members of the public and especially the immediate neighbours were made aware of the proposed
project during the interview process. They were consulted so as to make them part of the decision making
process. The main reason for interviewing the neighbours is because the project may result to adverse
impacts in the natural environment which the public has full rights of safeguarding. The interviewed
neighbours were randomly selected from all corners where the very immediate neighbours were given the
first priority. The respondents had no objection with the implementation of the project Public
consultation was conducted by the experts to meet the following objectives;
To achieve in the involvement of all the stake holders.
To make the exercise transparent and fully participatory.
To identify whether the local people predict or foresee any positive or negative effects from
project implementation.
To make the neighbours aware of the project and identify whether there is any existing conflict
between the public and the project plans.

10.1 Institutional survey
This was done through the use of both questions and interviews from the management through the use
of open ended questions. The facility management aims at achieving highly in its vision toward provision
of better and affordable housing, commercial space and sale of fuel in a sustainable manner if the project
was to be fully implemented. The management showed high commitment towards responding positively
to all the issues raised by the environmental experts.

10.1 Methodology
The methodology for consultations for the proposed project involved:
Conducting preliminary field site visits.
Structured interviews.
Obtaining public views by use of open ended neighbours questionnaires.
The consultation was meant to identify whether the proposed project will have significant impact on;
human health and environmental resources.

10.2 Findings
Neighbours comments were taken and recorded by use of interviews and questionnaires. The
neighbours were first explained for, on the various activities involved with the proposed project, the
dangers associated and the various expected impacts. The main aim of consulting with the neighbours
was;

70

To check views, concerns and opinions of the very immediate neighbours towards
implementation of the proposed project.
To inform the local people about the proposed project.
To establish if the local people do foresee any positive or negative impacts from the proposed
project.
To identify whether there is any conflict between the project and the neighbouring community.

Summary of consultation results
No. Name Occupation Concern
1. Samuel K. A. Cheruiyot Car wash operator Risk of Air pollution, fire out
break, and soil erosion
2. Fred Ogada Wiring Expert Risk of air pollution and oil
spillage
3. Samuel Kidanozi Masson Risk of dust, and sewage
leakage
4. Peter Mutai Resident Risk of Air pollution, fire out
break, and soil erosion
5. R. L. Vaja G.H.S.S. Limited Risk of dust emission, oil
and fuel leaks
6. J.K. Telion G.B/MAN Risk of Oil Spills
7. Jacktone Sambili Shell Oil Risk of air pollution and oil
spillage
8. Cherono Fancy Student Risk of Accidents, Air
pollution, oil spillages and
sewage out bursts
9. Betty Babu Business Woman Risk of Accidents, Air
pollution, oil spillages and
sewage out bursts
10. Shadrack Singh Shell Oil Risk of Air pollution, soil
erosion, and oil spillages
11. Titus Cheruiyot Resident Risk of Noise, and oil
spillages
12. Beatrice Ayuma Shell Oil Land scape, ecological
change, oil and fuel spills
13. Rodgers Khimidi Shajanand Soil erosion, poor waste

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management, oil and fuel
spills
14. Patrick Muhindu Shell Oil Soil erosion, poor spolid
waste management, oil and
fuel leaks
15. Samson Scobwa Shajanand Soil erosion, oil spillage
16. Brenda Were Jehova Witness, Church
Member
Soil erosion, Oil Spillage
17. Justus O. Onchol Resident Noise
18. Julias Malala Shajanand Soil erosion, Oil Spillage
19. Enock Vikan Shajanand Soil erosion, oil spillage

10.3 Development related mitigation measures suggested to the management
Construction stage
Use of water to calm the dust
Use of well serviced machines
Use of closed up machines
Put up warning signs within the site
Put up a barrier fence round the site

Operation stage
Contract waste dealers to dispose of the wastes on behalf of the facility
Make regular general public consultation
Conduct risk assessment on the facility
Formulation of waste management policy
Regular fire extinguishers inspection should be undertaken
Develop a Safety Health and environment policy

Monitoring and review stage
Environmental Audit should be conducted on the facility to access it overall environmental
compliancy and recommendation on mitigating some adverse impacts.
Monitor both solid and liquid waste management systems.
Form a waste management team


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Decommissioning stage
Inform all the tenants in advance to secure business spaces and residence elsewhere
Conduct a decommissioning audit
The excavated soil, solid wastes and dusts be systematically disposed adequately
Develop a Safety Health and environment policy

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CHAPTER ELEVEN
11.0 Environmental Management Action Plan
The following chapter contains the plan that was formulated to guide the management and contractor of
this facility during the entire project cycle.
The plan has been presented in three different tables which address the following stages;
Construction stage
Operation stage
Decommissioning and landscaping stage

1) Environmental Management Action Plan on construction stage
Table 11.1: A table showing Environmental Management Action Plan for design implementation
stage
CONSTRUCTION PHASE
Potential impacts Mitigation measures Time frame Estimated
cost
Responsibility
increased
extraction of raw
materials
Ensure extraction site impacts and ensure efficient
use of raw materials in construction
- - -
Ensure accurate budgeting and estimation of actual
construction material requirements to ensure that
the least of materials necessary is ordered as per Bill
of quantities.
Throughout
construction
period
Covered
under
contractor
cost
Proponent and
contractor
Ecosystem
disturbance
Ensure proper demarcation and delineation of the
project area to be affected by construction works
1 month 40,000 Proponent and
contractor
Design and implement an appropriate landscaping
programme to help in re-vegetation of part of the
project area after construction
1 month 30,000 Proponent and
contractor
Run off and soil
erosion
Apply soil erosion control measures such as leveling
of the project site to reduce run-off velocity and
increase infiltration of storm water into the soil
1 month Covered
under
contractor
cost
Proponent and
contractor
Ensure that construction vehicles are restricted to
specific off loading and loading area to avoid soil
compaction within the project site.
Throughout
construction
period
- Proponent and
contractor
Solid waste
generation
Through accurate estimation of the sizes and
quantities of materials required, order materials in
the sizes and quantities they will be needed, rather
Throughout
construction
period
From
proponents
stores
Proponent and
contractor

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than cutting them to size, or having large quantities
of residual materials
Use of durable, long lasting materials that will not
need to be replaced as often, thereby reducing the
amount of construction waste generated overtime
Throughout
construction
period
- Proponent and
contractor
provide facilities for proper handling and storage of
construction materials to reduce the amount of
waste caused by damage or exposure to the
elements
One off 40,000 Proponent and
contractor
Use building materials that have minimal or no
packaging to avoid the generation of excessive
packaging waste
Throughout
construction
period
- Proponent and
contractor
Dispose waste more responsibly by dumping at
designated dumping sites by Kericho Town
Council; the use of registered waste disposal firm is
advised
Throughout
construction
period
2,000 per
trip
Proponent and
contractor
Air/dust pollution Avoid excavation works in extremely dry weather Throughout
construction
period
- Proponent and
contractor
Sprinkle water on vehicle routes within the site each
day to reduce dust generation by construction
vehicles
Throughout
construction
period
6,000 Proponent and
contractor
Sensitize truck drivers to avoid unnecessary racing
of vehicles engines at loading/offloading point and
parking areas, and to switch off or keep vehicle
engines at these points
Throughout
construction
period
- Proponent and
contractor
Noise pollution Sensitize construction vehicle drivers and machinery
operators to switch off engine of vehicles or
machinery being used
Throughout
construction
period
- Proponent and
contractor
Ensure that construction machinery are kept in
good working conditions to reduce noise generation
Throughout
construction
period
- Proponent and
contractor
Waste of energy
resource
Ensure electrical equipment, appliances and lights
are switched off when not being used
Throughout
construction
period
- Proponent and
contractor
Increased Sensitize staff to conserve water by avoiding water Throughout - Proponent and

75

utilization of water
resources
wastage construction
period
contractor
Ensure taps are not running when not in use Throughout
construction
period
- Proponent and
contractor
Promote recycling and reuse of water as much as
possible
Throughout
construction
period
- Proponent and
contractor
Occupational
health and safety
risks
A general register should be kept within the facility
as stipulated in sec 62(1) of the factories and other
places of work act
Once-off 1000 Proponent and
contractor
Suitable, efficient, clean, well lit and adequate
sanitary conveniences should be provided for
construction workers
Once-off 40,000 proponent
Ensure that machinery, equipment, personal
protective equipment, appliances and hand tools
prescribed safety and health standards and be
appropriately installed maintained and safeguarded
Once-off - Proponent and
contractor
All machines and other moving parts of equipment
must be enclosed or guarded to protect all workers
from injury
contractor
Ensure that materials are stored/stacked in such
manner as to ensure their stability and prevent any
fall or collapse
contractor
All floors, steps, stairs and passage of the premises
must be of sound construction and properly
maintained
Once-off As per BQ Proponent and
contractor
Securely fence or cover all openings in the floor Once-off 60,000 Proponent and
contractor
Design suitable documented emergency
preparedness and evacuation procedures to be used
during any emergency
Once-off 10,000 Proponent and
contractor
Well stocked first aid box which is easily available
and accessible should be provided within the
premises
contractor
Firefighting equipment should be provided at Once-off 70,000 Proponent and

76

strategic locations such as stores and construction
areas
contractor
Enough space must be provided within the
premises to allow for adequate natural ventilation
through circulation of fresh air
contractor
Keep records of all hazardous chemicals used at the
premises, cross-referenced to the appropriate
chemical safety data sheets
continuous 2,000 Proponent and
contractor
Controlling dust,
noise and vibration
Ensure that workers at the excavation sites and
other dusty sites are adequately protected from
inhalation of substantial quantities of dust through
provision of suitable nprotective gear
contractor
Preventing body
injury
Suitable overalls, safety footware, dust masks, gas
masks, respirators, gloves, ear protection equipment
etc should be made available and construction
personnel must be trained to use the equipment
contractor

OPERATIONAL PHASE
cost
Responsibility
Collection and
storage of general
solid waste
Provide solid waste handling(bins) and keep them
in good condition to avoid leakage and spills and
sensitize all stakeholders to use them
Once-off 5,000 Proponent,
manager,
tenants
The proponent will ensure no littering of the site
and ensure that all solid wastes generated are
regularly collected, segregated according to their
type and disposed of appropriately
continuous 2,000 per
month
Proponent,
manager,
tenants
Vector/rodents
breeding grounds
Ensure that there is no space for unplanned
stagnant water retained in the fields.

Recommended measures should be applied when
dealing with rodents and food storage.

A monitoring programme should be put in place
for controlling relative cases observed.
continuous As per need Proponent,
manager,
tenants

77

Drain blockages The proponent should ensure that there is
adequate means of handling large quantities of
sewage blockages as well as related emergency
situations.
continuous As per need Proponent,
manager,
tenants
Proper monitoring at waste generation points
should be established. A site management plan
should be put in place.
Collection and
storage of
petroleum waste
All emptied containers will be collected and
stored in one central point awaiting transportation
continuous - Proponent,
manager,
tenants
Used and waste oil will be drained into a drum,
which must be in a in a place that has impervious
surface made of concrete
daily 2,000 Manager
The storage area must be well bunded with raised
masonry work to contain any spillage
continuous As per BQ Manager
Used and waste oil that has been collected in the
drum will be delivered to the Kenya pipelines
company for proper disposal
manager 2,000
monthly
Manager
Forecourt surface
quality
Ensure forecourt surface quality by making areas
susceptible to contamination, e.g. near pump
island or off-loading points impermeable to
hydrocarbons and other liquids to prevent
seepage through or below the surface
Once-off As per BQ Manager
Conduct regular inspections to identify any cracks
on the forecourt surface and repair appropriately.
continuous - Manager
Forecourt should be cleaned regularly with water,
including pressure washing and all resultant
wastewater diverted to the drainage system that
feeds the oil/water separator
continuous As per
Water bill
Manager
Drainage system
and oil/water
separator efficiency
Peripheral surface drainage channel should be
established to prevent runoff from the road from
entering the site
Once-off 20,000 Manager
Regular cleaning the oil/water separator by
purging
continuous - Manager
The oil/water separator chambers should be Once-off As per BQ Manager

78

covered completely with metal sheet cover, not
metal grills
Integrity of
equipment and
installation
All dispenser(pumps) should be fitted with leak
proof drip tray to ensure that product from small
internal leaks flows onto the forecourt surface
where it can be noticed and diverted to the side
drainage
Once-off As per BQ Manager
All installations including dispensers, storage
tanks and pipe work should be well maintained
and checked regularly for integrity.
Continuous and
as per
manufacturers
instruction
- Manager
The risk of corrosion failure for fuel storage tanks
and pipe work should be assessed through regular
measurements of soil conditions eg.. moisture,
conductivity, pH
quarterly - manager
Suitable trained and competent personnel should
be leak-tested before reinstallation.
continuous - manager
Integrity of
equipment and
installation
To prevent vapor emission to air during fuel
offloading, fuel storage tanks should be fitted
with appropriate vapor control devices such as
pressure/vacuum valve (P/V valve) to connect
the vapor from the fuel storage tanks to the
delivery tanker.
Once off - manager
An efficient vapor return system should be
maintained to prevent vapor emission to air
during re-fuelling. In this regard, car fill pipes
should be fitted with a special nozzle to collect
vapor from the car tank and return it to the fuel
storage tank
Once off As per BQ manager
All devices such as P/V valves and nozzles
should hold an appropriate safety and
performance approval and should be checked
regularly for integrity.
Continuous - Director/
Manager
Fuel dispensers should be mounted on islands/
protected against collisions by barriers.
- - Director/
Manager

79

Integrity of
equipment and
installations
Dispensing equipment, hoses and nozzles should
be inspected regularly for leaks damage &
malfunctions.
Manager
Nozzle cut off devise should be effective Continuous - Director/
Manager
Individual dispenser isolation switches should
operate effectively.
Manager
Fuel dispenser pumps should operate only when
the fuel hose nozzles are removed from the
dispensers brackets
Manager
Ensure that under pump sumps are:
Impervious to fuel
Adequately protected against corrosion
Sealed at all pipe entries to prevent fuel
leakage into the ground and ingress of
ground water
Fitted with an appropriate leak detector
device
Designed to allow easy removal of any fuel or
water that may accumulate
Manager
Efficient fuel
delivery procedures
and large spill
response plan
Fuel delivery procedures should include fuel
storage tank level checks to avoid tank overfills,
which could contaminate the environment
Manager
Efficient fuel
delivery procedures
and large spill
response plan
Develop and document an appropriate large spill
response plan to manage fuel spillage and leaks
Once off with
regular reviews
- Director/
Manager
The response plan should be reviewed regularly to
ensure it is up to date and should be
communicated to all staff
Manager
Ensure that all staff should be appropriately
trained on the use of the response plan
Annually - Director/
Manager
Efficient wet stock
monitoring and
leak detection
systems
A computerized effective wet stock monitoring/
leak detection system, will be maintained to
ensure that leaks are detected earliest possible
Continuous 200,000 Director/
Manager
The system will include regular stock
reconciliation and consideration of other sources
Manager

80

of product loss such as theft, faulty gauge probes,
etc
Effluent quality
monitoring
Regular testing of effluent quality should be
carried out. Samples to be considered include
total petroleum, hydrocarbons, benzene, toluene,
xylene (BTEX), ethyl-benzene.
Manager
Energy Resource
Utilization
Switch off electrical equipment, appliances and
lights when not being used
Continuous - Proponent,
manager,
tenants
Monitor energy use during the operation of the
project and set targets for efficient energy use.
manager,
tenants
Water
Consumption
Provide safe drinking water at the site for use by
all persons involved at the site.
Continuous 18,000 Proponent,
manager,
tenants
Collect and store rain water from the roof ( Roof
Catchment) for use to supplement other sources
and reduce surface run-off
Once-off - Proponent,
manager,
tenants
Promptly detect and repair leaks of water pipes
and tanks
Continuous As per need Proponent,
manager,
tenants
Ensure taps are not running when not in use and
install taps that turn-off automatically when water
is not being used
manager,
tenants
Health and safety
of workers
Implement all necessary measures to ensure
health and safety of workers and the general
public during operation of the Petrol Station
Continuous - Proponent
Appropriate Sanitary facilities including toilets
and bathrooms should be provided for both sexes
Once-off As per BQ Proponent
In-case of any accidental injuries, first aid should
be given immediately and medical attention
sought as appropriate
Continuous As per need Proponent
Regular medical examination of the workers
should be done to monitor any occupational
diseases associated with the project
Annually 60,000 Manager
Air pollution Switch off all engines of vehicles fuelling or off
loading fuel at the station
Continuous - Manager
The pump attendant to observe efficiency and
avoid spilling of fuel when serving the customers
or during off loading especially petrol.
Continuous - Manager

81

A stand by generator to be placed at least 20m
from the service area, be switched on only during
power blackout
Continuous As per BQ Manager
Fire emergency
response plan
There should be a fire emergency response plan
in place and response procedures should be
known to all staff
Once off with
regular reviews
- Director
There should be a distinct fire alarm Continuous 40,000 Administrator
Firefighting
equipment
There should be an adequate number of suitable
serviced portable fire extinguishers available and
mounted in convenient locations in the medical
centre. All fire points should be marked RED
Continuous 140,000 Administrator
Fire drills A sufficient number of personnel should be
trained in the use of firefighting equipment
Annually 60,000 Administrator
Fire exits Fire exits should be clearly marked and kept clear
of any obstructions
Continuous As per BQ Administrator
Fire safety Flammable and combustible materials should be
stored properly
Continuous Nil Administrator
Emergency
telephone numbers
Emergency telephone numbers should be
prominently displayed in the premises
Continuous Nil Administrator
Security Ensure the general safety and security at all times
by providing day and night security guards and
adequate lighting within and around the premises
Continuous 8,000 Director/
Administrator
Decommissioning Stage
cost
Responsibility
Remove all
buildings and
structures
All structures, buildings, equipment and
machinery that will not be used for other
purposes must be removed and recycled as far as
possible or taken to a licensed waste disposal site
Once-off As per BQ Contractor/
Proponent
All machinery ,equipment, structures and other
construction waste that is not recyclable or re-
usable should be disposed by a licensed waste
handler at the designated disposal site
Proponent
All foundations must be removed and
construction wastes taken to an authorized
disposal site or be used for backfilling at other
Proponent

82

construction sites
Rehabilitation Areas that are rehabilitating must be demarcated
with danger tape to prevent vehicular or
unwanted access to these areas
Proponent
Re-vegetation Areas identified as potentially subject to erosion
(e.g. steep slopes) must be vegetated with
indigenous grass species. This action will reduce
the time the barren areas will be subject to the
agents of erosion.
Proponent
Areas that are being rehabilitated must be
demarcated with danger tape to prevent vehicular
access to these areas.
Proponent
Re-vegetation of cleared land must be completed
according to Landscaping Plans and emphasis
should be given on planting indigenous grass and
trees
Proponent


83

CHAPTER TWELVE
12.0 Conclusion and recommendations
The main negative environmental impacts of this proposal are: dust, noise, increased runoff destruction
of environment, increased water demand and increased insecurity in the area, increased growth in
informal sector, increased fire risks, consumption of power, solid and domestic waste and waste water
generation. The positive ones are improved urban form, trade in related construction materials and
transport services during the construction and operation phases. The EMP clearly shows how the
environment can be enhanced by adhering to local authority by-laws and the planning standards regarding
zones requirements for these developments and it shows how the project will manage its housekeeping by
reducing risks to occupiers and ensure sound management of the Environment. Thus the proposed
project is recommended for implementation provided that the proponent adheres to the EMP and
monitoring plans and conditions of approval of building plans and any other applicable laws.

Recommendations:
1. Apply for Effluent Discharge License from NEMA
2. Regular testing of basic parameters (fuel, waste water, energy)
3. Comply with all other legal provisions
4. Conduct regular environmental Audits


84

REFERENCE
1. Kenya gazette supplement acts 2000, environmental Management and Coordination Act
No. 8 of 1999. Government Printer, in Nairobi
2. Kenya gazette supplement Acts, Physical Planning Act, 1999. government printer,
Nairobi.
3. Kenya gazette supplement No. 56. Environmental impact assessment and audit
regulations 2003. Government printer, Nairobi.
4. Kenya gazette supplement Acts Local Authority Act (cap 265). government printer,
Nairobi.
5. United Nations, 2000, Millennium Development Goals
6. ACTS press, UNEP-ACTS, 2001, The Making of a Framework Environmental Law in
Kenya, Nairobi
7. Water Act 2002
8. Environmental Management and Co-ordination (Waste Management) Regulations, 2006
Legal Notice No.12
9. The Public Health Act, Cap 242
10. The Factories and Other Places of Work Act.
11. Physical Planning Act. 1996.
12. Way leave Act.
13. Vision 2030
14. Physical Planning Handbook.
15. Water Quality Regulation


85

APPENDICES
Copy of
Land Title Deed
Approved project designs
Bill of Quantities
Public participation questionnaires

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What is the purpose of conducting this environmental impact assessment?

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MAY 2013

ENVIRONMENTAL IMPACT ASSESEMENT REPORT

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