ESIA - 1883-Isinya-Konza-Malili-RMO SR - 2226-Min

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REPUBLIC OF KENYA

MINISTRY OF TRANSPORT, INFRASTRUCTURE,


HOUSING AND URBAN DEVELOPMENT

ENVIRONMENTAL AND SOCIAL IMPACT


ASSESSMENT STUDY REPORT FOR THE
PROPOSED DUALLING OF ISINYA-KONZA-MALILI
ROAD

June 2021

Environmental and Social Impact Assessment Study Report for The Proposed Isinya-Konza-Malili Road Project (B50)
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DECLARATION

TITLE: ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT


FOR THE PROPOSED ISINYA-KONZA-MALILI ROAD PROJECT

This ESIA study report has been prepared in accordance with the provisions and requirements
of the Environmental Management and Coordination Act (EMCA) Cap 387 and subsidiary
regulation -Environmental (Impact Assessment and Audit) Regulations, 2003.

NAME NEMA REG. NO SIGN DATE

Walter Nyatwang’a Lead Expert-0822

For and on behalf of:

Kenya National Highways Authority,


Barabara Plaza, Off Airport South Road, along Mazao Road, Opposite KCAA HQs.
P.O. Box 49712 - 00100
NAIROBI.

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TABLE OF CONTENTS
LIST OF FIGURES ........................................................................................................................ vii
LIST OF PLATES ......................................................................................................................... viii
LIST OF TABLES ........................................................................................................................... ix
ABBREVIATIONS ............................................................................................................................... x
EXECUTIVE SUMMARY ................................................................................................................. xi
CHAPTER 1.0: INTRODUCTION ..................................................................................................... 1
1.1 Project Background .................................................................................................................... 1
1.2 Objectives of the ESIA................................................................................................................ 1
1.3 Terms of Reference ..................................................................................................................... 2
1.4 Project Background, Overview, Justification and Objectives ................................................ 2
1.4.1 Project Background ............................................................................................................. 2
1.4.2 Project Overview .................................................................................................................. 3
1.4.3 Project Purpose and Objectives .......................................................................................... 4
1.5 Scope of the ESIA Study............................................................................................................. 4
1.6 Data collection methods and procedures .................................................................................. 4
a. Environmental screening...................................................................................................... 5
b. Environmental scoping ......................................................................................................... 5
c. Desktop study ........................................................................................................................ 5
d. Site assessment ...................................................................................................................... 6
e. Public participation .............................................................................................................. 6
f. Data analysis, reporting and documentation ...................................................................... 6
1.7 ESIA organization and structure............................................................................................... 6
CHAPTER 2.0: PROJECT DESCRIPTION ..................................................................................... 8
2.1 Introduction ................................................................................................................................. 8
2.2 Project Objective ......................................................................................................................... 8
2.3 Project Details ............................................................................................................................. 8
2.4 Project activities and processes ................................................................................................ 10
A. Planning and design phase ................................................................................................. 10
Road Configuration Option ....................................................................................................... 12
B. Operation phase activities .................................................................................................. 23
C. Decommissioning phase ...................................................................................................... 23
2.4 Project cost ................................................................................................................................ 26
CHAPTER 3.0: POLICY, LEGAL AND REGULATORY FRAMEWORK ............................... 27
3.1 Introduction ............................................................................................................................... 27
3.2 Policy and institutional framework ......................................................................................... 27
3.2.1 The Constitution of Kenya of 2010 ................................................................................... 27
3.2.2 National policy framework ................................................................................................ 27

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3.2.3 Environmental Guidelines ................................................................................................. 32
3.3 National environmental legal framework ............................................................................... 33
3.3.1 Environmental Management and Coordination Act (EMCA, Cap 387) ...................... 34
3.3.2 The Wildlife Management and Conservation Act 2013 ........................................... 40
3.3.2 Forest Conservation and Management Act, 2016 .................................................... 40
3.3.3 The Water Act 2016 .................................................................................................... 41
3.3.4 The Agriculture, Fisheries and Food Authority Act of 2013.......................................... 42
3.3.5 Energy Act, 2006 ................................................................................................................ 43
3.3.6 Land Act, 2012. .................................................................................................................. 43
3.3.7 The Land Registration Act, 2012 ...................................................................................... 43
3.3.8 The National Land Commission Act, 2012 (No. 5 of 2012) ............................................ 44
3.3.9 Community Land Act 2016 ............................................................................................... 44
3.3.10 The Environment and Land Court Act, 2011 ................................................................ 45
3.3.11 The County Governments Act 2012 ............................................................................... 45
3.3.12 Occupational Safety and Health Act 2007 ..................................................................... 45
3.3.13 The Public Health Act (Chapter 242) of Revised Edition 2012.................................... 45
3.3.14 The Valuers Act (Cap 532), 1985 .................................................................................... 46
3.3.15 Physical Planning Act (Cap. 286) ................................................................................... 46
3.3.16 The Penal Code (Cap. 63) ................................................................................................ 46
3.3.17 The Employment Act, 2007 ............................................................................................. 46
3.3.18 Work Injury Compensation Benefit Act (WIBA) 2007 ................................................ 47
3.3.19 Public Roads and Roads of Access Act Cap 399 ........................................................... 47
3.3.20 The Traffic Act Cap 403 .................................................................................................. 47
3.3.21 Building Code 2009 .......................................................................................................... 47
3.3.22 The Kenya Roads Act, 2007 ............................................................................................ 48
3.3.23 The Kenya Roads Board Act, 1999................................................................................. 48
3.3.24 HIV / AIDS Act, 2006 ...................................................................................................... 49
3.3.25 Urban Areas and Cities Act No 13 of 2011 .................................................................... 49
3.3.26 The National Gender and Equality Act, 2011 ............................................................... 49
3.3.27 The Sexual Offences Act, 2006 and its amendment 2012 ............................................. 49
3.3.28 Matrimonial Property Act (No. 48 of 2013) ................................................................... 49
3.3.29 Persons with Disability Act, Chapter 133 ...................................................................... 50
3.3.30 Security Laws (Amendment) Act, 2014 .......................................................................... 50
3.4 National institutional / Administrative framework for the proposed project ..................... 50
3.4.1 The National Environment Management Authority....................................................... 50
3.4.2 The County and Sub-County Environment Committees ............................................... 50
3.4.3 Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIHUD)
...................................................................................................................................................... 51
3.4.4 The Kenya Roads Board.................................................................................................... 51

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3.4.5 Kenya National Highways Authority (KeNHA) .............................................................. 51
3.4.6 Directorate of Occupational Safety and Health Services (DOSHS) .............................. 51
3.4.7 Kenya Wildlife Service (KWS) ......................................................................................... 52
3.4.8 Water Resources Authority (WRA) ................................................................................. 52
3.4.9 Kenya Forest Service (KFS) .............................................................................................. 52
3.4.10 The National Museums of Kenya (NMK) ...................................................................... 52
3.4.11 National Land Commission (NCL) ................................................................................. 52
3.5 International conventions and guidelines ............................................................................... 53
3.5.1 Vienna Convention on the Protection of the Ozone Layer ............................................. 53
3.5.2 United Nations Convention on Biological Diversity (UNCBD) ...................................... 53
3.5.3 African Convention on the Conservation of Nature and Natural Resources ............... 53
3.5.4 Convention on International Trade in Endangered Species .......................................... 53
3.5.5 The World Commission on Environment and Development (The Brundtland
Commission of 1987) ................................................................................................................... 53
3.5.6 The Ramsar Convention for the conservation and sustainable utilization of wetlands
...................................................................................................................................................... 54
3.5.7 United Nations Convention to Combat Desertification (UNCCD) ................................ 54
3.5.8 The 1992 United Nations Framework Convention on Climate Change (UNFCCC) ... 54
3.5.9 The Paris Agreement ......................................................................................................... 54
3.5.10 Rio Declaration on Environment and Development ..................................................... 54
3.5.11 Earth Summit on Sustainable Development Agenda 21 ............................................... 55
3.5.12 Convention on the Rights of the Child ........................................................................... 55
3.5.13 Convention on the Elimination of all forms of Discrimination against Women ........ 55
3.5.14 International Labour Organization................................................................................ 55
3.5.15 Sustainable Development Goals (SDGs) ........................................................................ 56
CHAPTER 4.0: BASELINE ENVIRONMENTAL AND SOCIO- ECONOMIC PARAMETERS
.............................................................................................................................................................. 58
4.1 Introduction ................................................................................................................................... 58
4.1.1 Administrative Setting ....................................................................................................... 58
4.2 Project Biophysical Description............................................................................................... 59
4.2.1 Topography ........................................................................................................................ 59
4.2.2 Geology and Soils ............................................................................................................... 60
4.2.3 Climate ................................................................................................................................ 61
4.2.4 Surface and Ground Water Resources ............................................................................ 62
4.2.5 Solid Waste Management .................................................................................................. 63
4.2.6 Noise and Vibration ........................................................................................................... 64
4.2.7 Flora and Fauna ................................................................................................................. 64
4.3 SOCIAL-ECONOMIC BASELINE SURVEY ...................................................................... 65
4.3.1 Population and Demography ............................................................................................ 65

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4.3.2 Human Settlement.............................................................................................................. 66
4.3.3 Health Settings ................................................................................................................... 67
4.3.4 Infrastructure and Access ................................................................................................. 68
4.3.5 Education ............................................................................................................................ 69
4.3.6 Information Communication and Technology ................................................................ 72
4.3.7 Energy ................................................................................................................................. 73
4.3.8 Land and Land Use ............................................................................................................ 74
4.3.9 Crop and Livestock Production ........................................................................................ 77
4.3.10 Tourism ............................................................................................................................. 79
4.3.11 HIV/AIDS ......................................................................................................................... 81
CHAPTER 5.0: STAKEHOLDER ENGAGEMENT AND PUBLIC PARTICIPATION ........... 82
5.1 Introduction ............................................................................................................................... 82
5.2 Objectives for consultation and public participation ............................................................ 82
5.3 Public participation .................................................................................................................. 82
5.4 Summary of the Issues Raised; ................................................................................................ 83
a. Positive comments obtained during the public consultation meetings ........................... 83
b. Negative concerns of the stakeholders............................................................................... 84
CHAPTER 6: ANALYSIS OF PROJECT ALTERNATIVES ....................................................... 90
6.1 Introduction ............................................................................................................................... 90
6.2 No-Construct/No Project Alternative...................................................................................... 90
6.3 Alternative mode of transportation ......................................................................................... 90
6.4 Upgrading of the road .............................................................................................................. 90
6.4.1 Isinya Bypass ...................................................................................................................... 90
6.4.2 Re-alignments at Km 8-14 and Km 24-24 ........................................................................ 91
6.5 Upgrading of the road .............................................................................................................. 91
6.5 Alternative Road Building Technologies ................................................................................ 91
a. Concrete Paving .................................................................................................................. 91
b. Asphalt Paving .................................................................................................................... 91
CHAPTER 7.0 GRIEVANCE REDRESS MECHANISM.............................................................. 92
7.1 Background ............................................................................................................................... 92
7.2 Objectives of the GRM ............................................................................................................. 92
7.3 Proposed Procedure .................................................................................................................. 93
7.4 Management of Grievances under the project RAP .............................................................. 95
CHAPTER 8.0 ANALYSIS OF ENVIRONMENTAL IMPACTS ................................................. 97
8.1 Definition and classification of impacts .................................................................................. 97
8.2 The Leopold matrix .................................................................................................................. 97
8.3 Impact identification and evaluation....................................................................................... 97
8.5 Impact magnitude Indicators................................................................................................... 99

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8.6 Potential environmental and social impacts ......................................................................... 104
8.6.1 Potential Construction Phase Positive Impacts ............................................................. 104
8.6.2 Potential Operation Phase Positive Impacts .................................................................. 105
8.6.2.2 Increased Business Opportunities and Improvement of Local Socio-Economy...... 105
8.6.2.3 Improved Road Safety .................................................................................................. 105
8.6.2.4 Improved aesthetics ...................................................................................................... 105
8.6.2.5 Urbanization .................................................................................................................. 106
8.6.3 Negative Impacts and Mitigation Measures .................................................................. 106
8.6.4 Cumulative Impacts ......................................................................................................... 120
CHAPTER 9.0: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ....................... 122
9.1 Introduction ............................................................................................................................. 122
9.2 Objectives of the ESMP .......................................................................................................... 122
9.3 GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECT ........... 140
9.3.1 Occupational Health and Safety Plans ........................................................................... 140
9.3.2 Borrow Pit/Quarry Rehabilitation Plan......................................................................... 143
9.3.4 Waste Management Plan ................................................................................................. 146
9.3.5 Camp Design / Installation Plan ..................................................................................... 147
9.3.6 Ancillary Plans ................................................................................................................. 147
9.3.7 Spills Prevention and Response Plan ............................................................................. 148
9.3.8 Emergency Response Plan (ERP) ................................................................................... 149
9.3.9 Environmental Awareness Plan ...................................................................................... 152
9.3.10: Decommissioning Plans for the camps and other installations ................................ 152
9.4 ENVIRONMENTAL MONITORING .................................................................................. 153
CHAPTER 10.0. CLIMATE CHANGE AND ROAD INFRASTRUCTURE ............................. 158
CHAPTER 11.0: CONCLUSION AND RECOMMEDNDATIONS ........................................... 162
11.1 CONCLUSION ..................................................................................................................... 162
11.2 RECOMMENDATIONS ...................................................................................................... 162
CHAPTER 12.0 REFERENCES ..................................................................................................... 166
APPENDICIES ................................................................................................................................. 166
APPENDIX 1. EXPERT LICENSES ......................................................................................... 167
APPENDIX 2: PUBLIC CONSULTATION MINUTES........................................................... 168
APPENDIX 8: QUESTIONNAIRES .......................................................................................... 188

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LIST OF FIGURES

Figure 1: Map showing Isinya-Konza-Malili Road Section ...................................................... 9


Figure 5: Map showing the three counties traversed by the road project ........................ 59

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LIST OF PLATES
Plate 1: Sample bridges that will be replaced during construction (a) drift at Km 10 b) 4-cell
pipe culverts at Km 23 ............................................................................................................. 16
Plate 2: Drainage improvement along the traverse a) Poor drainage at Isinya town b) storm
water drainage at Isinya town to be replaced ........................................................................... 17
Plate 3: One of the shallow water pan at Km 13, Kajiado County ......................................... 63
Plate 4: Vegetation dominated by Acacia spp across the three counties ................................ 64
Plate 5: Clustered settlements at KM 14, Kajiado County ..................................................... 67
Plate 6: Dispensaries along the project road, Kajiado County................................................ 68
Plate 7: SGR and Metre Railway crossing the project road at the border of Kajiado and
Machakos Counties .................................................................................................................. 69
Plate 8: Tertiary technical colleges adjacent to project road at Malili town ........................... 72
Plate 9: High powered cables crossing the project road at Malili town.................................. 74
Plate 10: Irrigational agriculture along the project road, Kajiado County .............................. 75
Plate 11: Showing livestock keeping in the area ................................................................... 78
Plate 12: Wildlife along project road near Malili ................................................................... 81
Plate 13: DCC Isinya Sub-County and KeNHA officer addressing the public at Isinya
Multipurpose Social Hall ......................................................... Error! Bookmark not defined.
Plate 14: Public participation at Emaparasuai Primary school-Isinya Sub County ................ 86
Plate 15: Public baraza at Malili town and Consultation at Mkaa DCC’s office ................... 88
Plate 16: Public Participation at Ilpolosat chief's office, Isinya Sub County ......................... 88
Plate 17: Constructed drifts along the proposed road project which get affected during heavy
rains ........................................................................................................................................ 158
Plate 18: Sections of the road project experiencing sheet flows during rainy season .......... 159

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LIST OF TABLES

Table 1; Existing Road Sectional Reserves ............................. Error! Bookmark not defined.
Table 2: Section with major alignment .................................... Error! Bookmark not defined.
Table 3: The products, by products and waste generated during project cycle ....................... 24
Table 4: Post constructions and operations phase activities .................................................... 25
Table 5: Analysis of Key EMCA, 1999 Relevant Regulations ............................................... 35
Table 6: Proposed grievance framework ................................................................................. 96
Table 7: Description of the terms used .................................................................................... 98
Table 8: Key of the Rating Parameters .................................................................................... 99
Table 9: Environmental Impact Matrix.................................................................................. 101
Table 10: Environmental and Social Management Plan – Design, Construction, Operation
and Decommissioning Phases ................................................................................................ 124
Table 11: Health and Safety Plan Content ............................................................................. 140
Table 12: Material Site History, Description of Current Status and Details On
Decommissioning .................................................................................................................. 143
Table 13: Waste Management Plan during Construction Phase ............................................ 146
Table 14: Issues of Concern in the Spills Response Plan ...................................................... 148
Table 15: Composition and Tasks of Emergency/Disaster Preparedness Response Team ... 151
Table 16; Environmental Monitoring Plan ............................................................................ 153

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ABBREVIATIONS

ESIA Environmental and Social Impact Assessment


EMCA Environmental Management and coordination Act
ESIA Environmental and Social Impact Assessment
ESMP Environmental and Social Management Plan
GoK Government of Kenya
CoK Constitution of Kenya
HIV/AIDs Human Immunodeficiency Virus/ Acquired immune deficiency syndrome
KeNHA Kenya National Highways Authority
KeRRA Kenya Rural Roads Authority
Km Kilometers
KFS Kenya Forest Service
NEC National Environment Council
NEAP National Environmental Action Plan
NEMA National Environmental Management Authority
RAP Resettlement Action Plan
ToR Terms of Reference
WRA Water Resource Authority

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EXECUTIVE SUMMARY
Introduction
The Government of Kenya through Kenya National Highways Authority (KeNHA) has earmarked
funds to undertake final design, environmental and social impact assessment study in preparation
for full construction of Isinya-Konza-Malili road project.
The proposed Isinya-Konza-Malili road project was set out by three ranchers in 1980s to provide
access to gypsum miners around Km 13 and later classified as a class E road under the jurisdiction
of Kenya Rural Road Authority (KeRRA). In 2018, the road was re-classified and upgraded to
class B and became one of the important trunk roads transversing four counties namely Makueni,
Machakos, Kajiado and Narok. It goes on to form an important link between A8 at Malili and A2
at Isinya, proceeding through Kiserian-Ngong-Kimuka before terminating at Suswa as B50 (This
latter section is under construction to bitumen standards). Essentially, the only section of B50
remaining for upgrading is the proposed Isinya-Konza-Malili whose funds have been set aside for
feasibility studies, detailed design and environmental and social impact assessment in preparation
for full construction.
The ESIA team employed both conventional and participatory approaches in the course of primary
and secondary data collection, synthesis, analysis, reporting and documentation. This was geared
towards identifying the potential environmental and social impacts as well as designing suitable
mitigation measures for the proposed upgrading of Isinya-Konza-Malili Road.

Project Description

The proposed Isinya-Konza-Malili road is an important missing link that connects Athi River-
Namanga (A2) road at Isinya and Mombasa-Nairobi (A8) road at Malili. This is the only murram
section of the B50 as the rest of the sections are either completed or under construction. The section
between Isinya-Kiserian-Ngong was recently rehabilitated and upgraded to class B standards of
design and construction while the section between Ngong-Kimuka-Suswa is under construction
and is estimated to be completed soon. The proposed sections for upgrading, Isinya-Konza-Malili,
is entirely murram surfaced with some impassable section during the rainy season. The proposed
road commences at Athi River-Namanga (A2) Road junction at Isinya Township (Km 0+000) and
proceeds to move in north easterly direction to Ilpolasat Market Centre (Km 28+700) before
crossing SGR railway (Km 32+500), the boundary of Kajiado and Machakos County (Km
35+400), passing through Konza market centre (Km 38+300) before terminating at Malili market
Centre, Nairobi-Mombasa (A8) Road (Km 46+900). In lieu of the design parameters for a class B
road and the need to avoid private property and huge land uptake at Isinya town, the design
engineers have proposed three major re-alignments at Km 0-Km3+800, Km8+340-Km 14 and Km
24+340-Km 28+150.

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Policy, Legal and Regulatory Framework

The key legal framework on environmental management in Kenya includes the Constitution of
Kenya, 2010, the Environmental Management and Coordination Act (EMCA) Cap 387, Wildlife
Conservation and Management Act, 2013, the Forest Conservation and Management Act, 2016,
the Land Act 2012, among others. This report is prepared in accordance to the Environmental
(Impact Assessment and Audit) Regulations, 2003 and Amendment Regulations, 2016 under
EMCA, Cap 387, the principal environmental law. The Kenyan Constitution in Article 42
emphasizes that every person in Kenya is entitled to a clean and healthy environment and has the
duty to safeguard and enhance the environment. On social issues related to the project, relevant
legislations to the project includes the Kenya National Aids Strategic Plan, Sexual offence Act on
prevention and the protection of all persons from harm from unlawful sexual acts, especially youth
and the vulnerable persons in close proximity to the project sites.. A number of Multi-Lateral
Environmental Agreements (MEAs) have been considered key among them being the United
Nations Convention on Biological Diversity (UNCBD), African Convention on the Conservation
of Nature and Natural Resources, Convention on International Trade in Endangered Species, The
Ramsar Convention for the conservation and sustainable utilization of wetlands, The 1992 United
Nations Framework Convention on Climate Change (UNFCCC), The Paris Agreement , The Rio
Declaration on Environment and Development, Earth Summit on Sustainable Development
Agenda 21, The Convention on the Rights of the Child (CRC), The Convention on the Elimination
of all forms of Discrimination against Women (CEDAW) and The International Labour
Organization (ILO) among others.

Baseline Environmental and Socio-Economic Parameters


Administratively, the road project majorly traverses Kajiado and Makueni Counties with a small
section touching Machakos County at Konza.

Topography: Kajiado County is characterized by plains, valleys and occasional volcanic hills.
The lowest altitude is about 500 meters above sea level at Lake Magadi while the highest is 2500
metres above sea level in Ngong Hills. The landscape within the County is divided into Rift Valley,
Athi Kapiti plains and Central Broken Ground. Machakos County has unique physical and
topographical features. These include hills rising between 1800-2100m above sea level and Yatta
plateau, which is elevated to about 1700m above sea level and slopes to the South East while
Makueni County lies in the arid and semi-arid zones of the eastern region of the country. Major
physical features in Makueni County include the volcanic Chyulu hills which lie along the
southwest border of the county in Kibwezi West Constituency, Mbooni Hills in Mbooni
constituency and Kilungu Hills in Kaiti constituency which rise to 1,900m above sea level. The
county terrain is generally low-lying from 600m above sea level in Tsavo at the southern end of
the county.
Geology and soils: Kajiado County has three geological regions namely Quaternary volcanic,
Pleistocene and basement rock soils. Quaternary Volcanic soil is found in the Rift Valley.

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Basement System Rocks which comprise various gneisses, cists, quartzite and crystalline
limestone, are found mainly along the river valleys and some parts of the plains. Pleistocene soils
are found in the inland drainage lake system around Lake Amboseli. Quarrying of building
materials is also done within the county. The rocks in Machakos County consist of intensely folded
Basement Rock system of gneisses and schists which include limestone, amphibolites and
quartzites as well as the predominating biotite granitoid gneisses. The rocks have been
metamorphosed and granitized to a considerable degree. Makueni County is generally covered by
thin sandy soil overlying rocks of the metamorphic system, generally a combination of gneisses
and schist’s. The area comprises of erosional resistant hills composed of granitoid gneisses and
which the rocks are also exposed at the valleys where seasonal streams meanders exposing the
fractured gneisses and schist. The geology of the project area consists of depositional sandy soils,
gneisses and schist’s. However, the rocks are locally weathered and fractured which makes it
possible for the enhancement of the water recharge mechanisms.
Climate: Kajiado County has a bi-modal rainfall pattern. The short rains fall between October and
December while the long rains fall between March and May. There is a general rainfall gradient
that increases with altitude. The bimodal rainfall pattern is not uniform across the County. The
long rains (March to May) are more pronounced in the western part of the county while the short
(October to December) rains are heavier in the eastern part. Makueni County experiences two rainy
seasons, the long rains occurring in March /April while the short rains occur in
November/December. The hilly parts of Mbooni and Kilungu receive 800-1200mm of rainfall per
year. High temperatures of 35.8 ℃ are experienced in the low-lying areas causing high evaporation
which worsens the dry conditions. Climate variations and extreme differences in temperatures can
be explained by change in altitude. Machakos County receives bimodal rainfall with short rains in
October and December while the long rains from March to May. The rainfall range is between
500mm and 1250mm, which is unevenly distributed and unreliable. The altitude mainly influences
rainfall distribution in the county. The high areas such as Mua, Iveti and Kangundo receive an
average rainfall of 1000mm while the lowland areas receive about 500mm. Temperatures vary
between 18˚C and 29˚C throughout the year. The dry spells mainly occur in January to March and
August to October.

Air quality: The proposed road project is largely crossing over mainly rural areas and a few urban
settlement where there is vehicular movement both small and goods transporting trucks including
lorries, saloon cars, pickups motorcycles which emit a lot of smoke (carbon dioxide and carbon
monoxide among other toxic gases) from the combustion of hydrocarbons in fuel and burning of
wood in tea factories. The low level emissions are further moderated by filtration by the heavy
vegetation and high dispersal conditions. Pollutants including carbon dioxide, carbon monoxide,
Sulphur oxides, nitrogen oxides and particulate matter (dust) may, therefore, be considered very
low. However, during the dry seasons, the unpaved road are very dusty. It is expected that during
construction the fine dust will increase and there is need for water suppression.

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Surface and Ground Water Resources: Kajiado lies in the semi-arid and arid zones with mean
annual precipitation being approximately 400 mm/year. Largely, the county does not have a reliable
source of water with the main sources of water being seasonal rivers, shallow wells, springs, dams,
water pans and boreholes. Kajiado County is an Arid and Semi-Arid Land (ASAL) characterized by
an acute shortage of clean and safe water for drinking and other domestic uses. According to the County
Statistical Abstract 2015, only 67.2 percent of the total population have access to safe water. The
number of households (HH) with an access to piped and portable water is about 36.8 percent of the
total population. Machakos County is a water scarce County with its water situation levels below
the national natural endowment of 647m per capita per year. Its arid and semi-arid areas are
3

critically limited in water endowment. Water resources in the County are mainly seasonal rivers,
dams and springs. Furthermore, the County has two perennial rivers. One of them traverses the
County namely Athi River and the other namely Tana River forms the County boundary with
Embu and Tharaka Nithi counties. Makueni County has two permanent rivers; Athi and Kibwezi.
There are four protected springs and 117 boreholes. Households with piped water are 12671 while
27752 households have access to potable water. There are 289 water pans and 159 surface dams.
Flora and Fauna: Kajiado County boasts of a wide range diverse fauna and flora. The animals
include Wild Beasts, Gazelles, Zebras, Warthogs, Hyenas, Giraffes, Elephants, and Lions,
Leopards and Elands and diverse bird species. Areas designed for game reserves are; Amboseli
National Park which covers a total of 392Km2 and Chyulu conservation area which is 445Km2.
These areas fall within range. The vegetation types in Machakos County are influenced by altitude,
rainfall, soils and rivers. The types include: forest types (hilltop), woodlands, bushland and shrub
land, and dwarf shrub grassland. Species common in Machakos County include: indigenous forest
types tree like Croton macrostachyus, Albizia gumnifera, Ficus thornigii; plantation forests inthe
hilltops with trees such cypress, pines, and eucalyptus. Common in the wetter regions for
woodlands Combretum species, Comnihora species in the drier areas and Enchea spp, Croton
macrostachus, Ravetateifana, Vanguewa spp, Terminalia spp. In Makueni County the flora and
fauna found in the area is the indigenous vegetation cover which has been tampered with to give
way to subsistence cultivation and poles and timber for houses construction. However, the tree
planting exercise of exotic trees that is being carried out by the local population is slowing
promoting the environmental conservation especially in the institutions of learning, business
buildings and residential houses. The project area is an urban centre where vegetation has become
scarce due to developments.
Land Resources: The project road has essentially a rural disposition with the local population
mainly engaged livestock farming with small sections practicing water fed agriculture.
Public participation
Consultations with local administration were done at DCC’s Offices at Isinya and Mukaa whilst
public barazas were carried out at Isinya multipurpose social hall, Emaparasuai Primary School,
Chiefs office at Ilpolosat centre, Konza Chief’s grounds and at Malili trading centre. During these
meetings, the project’s key features were discussed as part of the design and scope of works of the

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aforementioned road project were discussed and comments, suggestions and concerns gathered
from stakeholders. Standard questionnaires were administered to members of the public working,
residing as well as those owning business properties along the proposed road project. Positive
comments obtained during the public consultation meetings included: creation of employment
opportunities, increased business opportunities, improved social infrastructure, faster means of
transport, easy cheap and fast movement of people, easy and fast movement of goods and potential
for increased economic activities. Negative concerns raised include: increased accidents, noise
pollution, and dust generation during construction, waste disposal and spoils, loss of vegetation
cover, displacement of local communities and loss of property, and increase in the spread of STD,
HIV and AIDS.
Potential Impacts and Mitigation Measures
The project will have both positive and negative impacts during construction, operation, and
decommissioning phases.
Positive Impacts: During the construction phase the impacts includes: Gains in the local and
national economy through provision of employment to the locals, income from the salaries and
wages will improve the economy of the town centres and the county at large; Transfer of skills
local people employed during the construction phase will learn new skills from the civil engineers,
welders, masons and other employees that come from outside, while during the operation phase
there will be increased business opportunities and improvement of local socio-economy through
increased access to markets, reduced wastage due to spoilage due to lack of access to the markets,
access to value chain centre viz, buying centres, factories and subsequently reducing
transport/marketing cost, and easy access by the extension officers to educate farmers on good
production practices; improved road safety; improved aesthetics; urbanization.
Negative Impacts: In the construction phase, the excavations, demolitions, and transportation of
building materials will result in the emissions of large amounts of dust within the project site and
surrounding areas. Asphalt, concrete and batching plants and diversions are also possible sources
of dust and air pollution within the project area. Solid waste materials will be generated during
construction works and operations such as rock and soil materials, general solid waste from
campsites; vegetation waste from the clearance of road reserves; and sediment and sludge from
storm-water drainage system. The occupational health and safety issues associated with the
construction and operation of the proposed road will include; physical hazards, chemical hazards
and noise hazards. Potential impacts to biodiversity could arise due to the physical disturbance
during the construction, contamination of the environment due to chemical/ oil spillage or leakage
and inappropriate liquid and solid waste disposal mechanisms. There will be impact due to oil
spillage, disposal practices of used oil, oil filters during the construction of the project. Possible
impacts include: pollution of groundwater sources during construction phase (bridges construction
work) interference with existing community water sources during construction phase, infiltration
of contaminants from on-site activities into soils, pollution and degradation of water quality of

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underlying aquifer during earthwork, excavations, oil wastes from the camp/garage and impact to
human health through direct exposure to contaminated drinking contaminated.
The extraction and transportation of materials will also result in the distortion of the ground
structure, vegetation loss, dust emission, oil spills, noise and increase potential for accidents.as
well as creating public health hazard when ponded. Other impacts will include: loss of and
productivity potential; Permanent loss of natural (material) resources; and increased susceptibility
to soil erosion.
During the implementation of project activities, the local social service sector will be overwhelmed
by the presence of project employees who may be in need of these services. If the project leads to
in-migration, it will increase pressure on social service infrastructure like housing, health, water
sources and sanitation facilities in the area when people move into the community in anticipation
of employment opportunities. With an increase in the population of the area boosted by the project
employees the social set up of the area will be affected. This change may be in the form of lost
social norms and morality, an increase in school drop-out due to cheap labor, child labor, and
increased incidences of HIV/AIDS and other communicable diseases

To mitigate against all the impacts identified an ESMP has been developed. The ESMP will ensure
adherence and future compliance with legislation, good environmental performance, and
integration of environmental and social issues into the project decision.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)

Design and construction phase


• Slope gradient maintenance and
controlled borrow pits and quarry
excavation to avoid vertical phases
• Erosion control measures in excavated
Topography and Contractor/KeNHA/Super
borrow pits areas and working sites Continuous -As appropriate
Geology vision Consultant
along the road
• Site reclamation or rehabilitation
during decommissioning phase of the
project
• Sensitize drivers of construction
Noise Pollution and vehicles and machinery operators to Contractor/KeNHA/Super
Monthly - As appropriate
Vibrations switch off engines or machinery that vision Consultant
are not being used.
• Ensure that all vehicles and
construction machinery are kept in
-
good condition all the time to avoid
excessive noise generation.
• Ensure that all workers wear ear
muffs and other personal protective
-
gear/equipment when working in
noisy sections.
• Ensure machines are switched off
-
when not in use.
• Undertake loud noise and vibration
level activities during off-peak hours
-
during the day (i.e. between 8.00 am
and 5.00 pm).
Air Pollution due to • Sprinkling of water on dry and dusty
Contractor/KeNHA/Super
Dust Generation and Air surfaces regularly including the Monthly As appropriate
vision Consultant
Emissions access roads.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Use of waste water to sprinkle at the
construction site to reduce excessive -
dust.
• Adherence to personal protective
-
clothing such as dust masks.
• Enforce onsite speed limit
-
regulations.
• Ensure machines and vehicles are
properly and regularly maintained.
• Erection of speed calming measures -
near public institutions such as
schools, hospitals and town centres
• Maximizing the rate of recycling of
road resurfacing waste either in the
Contractor/KeNHA/Super
Solid Waste Generation aggregate (e.g. reclaimed asphalt Monthly -
vision Consultant
pavement or reclaimed concrete
material) or as a base;
• Incorporating recyclable materials to
reduce the volume and cost of new
asphalt and concrete mixes.
• Contracting of an ordinary waste and -
hazardous waste handler to collect
and appropriately dispose wastes
from camp sites
As appropriate
• Collecting road litter or illegally
dumped waste and managing it
-
according to the recommendations in
the General EHS Guidelines.
• Provision of bottle and can recycling
and trash disposal receptacles at
As appropriate
parking lots to avoid littering along
the road.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Grinding of removed, old road surface
material and re-use in paving, or
stockpiling the reclaim for road bed or
other uses (Thika –Magumu-
Njabini). Old, removed asphalt may
contain tar and polycyclic aromatic
-
hydrocarbons and may require
management as a hazardous waste.
• Develop and implement a
Construction Waste Management
Plan before start of the project.
• Construct communal septic tank
Contractor/KeNHA/Super
Surface water quality linked to a constructed wetland Monthly As appropriate
vision Consultant
system.
• Promote recycling of wastewater in
-
construction activities.
• Ensure wastewater is channeled and
treated in sewerage plants or disposed -
in septic tanks
• Ensure regular maintenance of
plumbing system to avoid spillage of -
wastewater.
• Discharge of partially treated sewage
-
into septic tanks
• Ensure regular maintenance of
plumbing system and septic tanks to -
avoid spillage of raw sewage.
Water Abstraction and • Install water conserving taps and Contractor/KeNHA/Super
Continuous -
Consumption toilets. vision Consultant
• Drainage structures that will be
constructed –cross culverts, at the river As appropriate
courses be at appropriate positions.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Stone pitching and side drains to cover
meaningful lengths along the prone
protection areas.
• Timing of the construction of proposed
bridges to coincide with dry periods
when water levels in the rivers are low
to avoid possible water pollution.
• Contractor to avoid dumping of waste
materials within the riparian zones/
within the watercourses.
• Bitumen trucks should be washed at
designated areas only.
-
• Ensure surface runoff generated on
Contractor/KeNHA/Super
Soil Erosion impervious surface is not channeled continuous -
vision Consultant
directly to steep slopes.
• Provide grassed water ways along the
-
access roads.
• Construct flow breaks on roadside
drainage channels.
• The contractor will source building
materials such as gravel, sand, ballast
and hard core at the project locality.
-
• Consultation should be held with the
community members and their
representatives on the best sites to
source materials and rehabilitation
measures should be agreed
• All exhausted quarries and borrow
pits should be isolated, protected and
-
rehabilitated to usable state before the
contract closure.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Siting roads and support facilities to Contractor/KeNHA/Super
Loss of Vegetation
avoid critical terrestrial habitat by vision Monthly -
Cover and Biodiversity
utilizing existing transport corridors. Consultant/KFS/KWS
• Minimize clearing and disruption of
-
riparian vegetation.
• Provide adequate protection against
scour and erosion and consider the
-
onset of the rainy season with respect
to construction schedules.
• Minimize removal of indigenous
plant species and replant indigenous As appropriate
plant species in disturbed areas.
• Explore opportunities for habitat
-
enhancement
• Develop a comprehensive STDS,
HIV and AIDs awareness and control
Contractor/KeNHA/Super
Health Aspect Programmes such as provision of Monthly
vision Consultant/County
condoms to workers both male and
Governments
female.
• Creation of awareness of STDs,
HIV/AIDS in workers camps through As appropriate
trainings and installation of posters.
• Adhere to and implement the Sexual
Offences Act, 2006 and its -
amendment 2012.
Contractor/KeNHA/Super
Road Safety • Avoid long traffic diversion roads. Periodically -
vision Consultant
• Water diversions to ensure dust is As appropriate
minimized hence easier visibility for
drivers.
• Ensure Installation and maintenance As appropriate
of all construction signs, signals,
markings, and other devices used to
regulate traffic, including posted

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


speed limits, warnings of sharp turns,
or other special road conditions.
• Advance information on
communication systems will be an -
advantage to users.
• Make Traffic circulation changes as
-
per the Traffic Act Cap 403.
• Development of a transportation
Occupational Health management plan for road Contractor/KeNHA/Super
Monthly -
and Safety construction that includes measures to vision Consultant
ensure work zone safety.
• Establishment of work zones to
separate workers on foot from traffic
-
and equipment by routing of traffic to
alternative roads.
• Use protective barriers to shield
workers from traffic vehicles,
regulation of traffic flow by warning
lights, design of the work space to -
eliminate or decrease blind spots, and
ensure reduction of maximum vehicle
speeds in work zones.
• Training of workers in safety issues
-
related to their activities.
• Ensure safe practices for work at night
and in other low-visibility conditions,
including use of high-visibility safety -
apparel and proper illumination for
the work space.
• Barricade the area around which
elevated work is taking place to As appropriate
prevent unauthorized access.
• Use of the correct asphalt product for
-
each specific application and ensuring

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


application at the correct temperature
to reduce the fuming of bitumen
during normal handling.
• Training on correct PPE use and
provision of adequate PPEs
• Siting roads and support facilities to
Disturbance to flora and avoid critical terrestrial and aquatic Contractor/KeNHA/Super
Monthly -
fauna habitat by utilizing existing transport vision Consultant/
corridors. KWS/KFS
• Avoidance or modification of
construction activities during the
breeding season and other sensitive -
seasons or times of day to account
for potentially negative effects.
• Minimize clearance and disruption
-
of riparian vegetation.
• Minimize removal of indigenous
plant species, and replant indigenous -
plant species in disturbed areas.
• Explore opportunities for habitat
enhancement through reduced
clearance to conserve or restore
native species.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Relocate all facilities affected in
consultations with various parties
affected with respect to water,
sewerage, pipelines, and electricity.
• Involvement and continuous
consultation of key stakeholders and
community members with respect to
water, pipelines, and electricity at all
stages of the project cycle.
• Use of an integrated approach in
Possible Displacement planning public utilities by sharing Contractor/KeNHA/Super Continuous As appropriate
of People most transport corridors for roads, vision Consultant
water, sewerage, electricity lines,
etc.
• Provision of employment in the
project for the squatters where
possible.
• Put in place a grievance redress
mechanism as discussed in chapter
Seven (7) of this report.

• Environmental impact assessments


(EIA) to be undertaken prior to
Material Sites and Contractor/KeNHA/Super
extraction of materials from Quarterly As appropriate
Material Haulage vision Consultant
identified sites and approved by
NEMA.
• Operations of the materials sites to
be guided by respective management
-
plans established and approved
under the ESIA,
• Material extractions and delivery
-
should only be done during the day.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• If borrow pits and quarries are
-
operated, they be fenced off.
• Proper handling and management of
liquid effluent and used waste oil to
-
forestall incidence of surface water
bodies
• Any abstraction of water from the
existing river systems or from
boreholes should be undertaken after -
acquisition of the prerequisite
licenses,
• Rehabilitation of materials sites to
take place upon exhaustion
(Contractors will provide -
appropriate rehabilitation plans for
each material site).
• If commercial material sources are
adopted, the Contractor(s) should
-
ensure due diligence process is
followed by the suppliers at all times,
• Material extraction and haulage
should be done in dump conditions to
-
keep dust low, especially if it is
located within settled areas.
Operational phase
• Enforcement of Traffic Act
regulations to ensure that all vehicles
Noise Pollution and
using the road are in good condition Contractor/KeNHA Monthly -
Excessive Vibrations
all the time to avoid excessive noise
generation.
• Install speed control measures in
town areas and near public As appropriate
institutions

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Install no hooting signs in sensitive
PPC
areas such as near schools, etc.
• Liaise with KWS to ensure that
Impacts on flora and Contractor/
important wildlife crossing corridors Continuous -
Fauna biodiversity KeNHA/KFS/KWS
and dispersal areas are not affected
• Maintenance of road signs at
appropriate areas to warn drivers on As appropriate
wildlife crossing paths.
-
• Use of storm water management
Increased Generation of practices that slow peak runoff flow,
Contractor/KeNHA Continuous -
Storm Water reduce sediment load and increase
infiltration.
• Regular inspection and maintenance
of permanent erosion and runoff -
control features.
• Use of vegetated swales, filter strips,
terracing, check dams, detention
-
ponds or basins, infiltration trenches
and infiltration basins.
• Repair works to be carried out in dry
weather to prevent runoff of asphalt -
or cement materials.
Loss of human and • Install speed calming measures next
animal life due to to public institutions , towns and Contractor/KeNHA Continuous -
increased road accidents settlement
• Provide road signages all along the
-
road
• Conduct road safety sensitization
As appropriate
programmes.
• Carry out Risk Assessment to
identify risk areas and provide -
appropriate prevention measures.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Installation and maintenance of
Road Safety speed control and traffic calming Contractor/KeNHA Continuous As appropriate
devices at pedestrian crossing areas.
• Installation and maintenance of all
signs, signals, markings, and other
devices used to regulate traffic, -
specifically those related to
pedestrian facilities
• Installation and maintenance of all
signs, signals, markings, and other
devices used to regulate traffic,
-
including posted speed limits,
warnings of sharp turns, or other
special road conditions.
• Installation of measures to reduce
collisions between animals and
vehicles (e.g. use of signs to alert -
drivers on road segments where
animals frequently cross).
• Prepare an emergency preparedness
and response plan in coordination
-
with the local community and local
emergency responders.
• Comply with OSHA 2007
-
requirements, they include;
o Carrying out Safety Audits. -
o Implementing DOSHS
-
improvement orders.
o Carrying out EHS Risk
-
Assessments.
• Involve all the relevant stakeholders
during the audit so as to incorporate
-
suggested EHS measures into the
report.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Maximizing the rate of recycling of
road resurfacing waste either in the
Increased Generation of
aggregate (e.g. reclaimed asphalt Contractor/KeNHA Continuous -
Solid Waste
pavement or reclaimed concrete
material) or as a base.
• Incorporating recyclable materials
to reduce the volume and cost of -
new asphalt and concrete mixes.
• Collecting road litter or illegally
dumped waste and managing it
according to the recommendations
in the General EHS Guidelines. -
• Provision of bottle and can
recycling and trash disposal
receptacles at parking lots and bus As appropriate
stops to avoid littering along the
road.
• Collecting animal carcasses in a
timely manner and disposing them
-
through prompt burial or other
environmentally safe methods.
• Managing sediment and sludge
removed from storm drainage
systems maintenance activities as a
-
hazardous or non-hazardous waste
based on an assessment of its
characteristics.
• Management of all removed paint
materials suspected or confirmed of -
containing lead as hazardous waste.
• Grinding of removed, old road
surface material and re-use in
-
paving, or stockpiling the reclaim
for road bed or other uses.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Ensure implementation of the
project's operation phase Waste
Management Plan.
• Comply with EMCA Cap 387
Waste Management Regulations,
2006.
• When undertaking road repairs, use
protective barriers to shield workers
from traffic vehicles, regulation of
Occupational Health and traffic flow by warning lights,
Contractor/KeNHA Continuous -
Safety design of the work space to
eliminate or decrease blind spots,
and ensure reduction of maximum
vehicle speeds in work zones.
• Training of workers in safety issues
related to road maintenance -
activities.
• When undertaking road repairs,
ensure safe practices for work at
night and in other low-visibility
-
conditions, including use of high-
visibility safety apparel and proper
illumination.
• When repairing the road, use
asphalt product of appropriate
specification and ensure application
-
at the correct temperature to reduce
the fuming of bitumen during
normal handling.
• Maintenance of work vehicles and
machinery to minimize air -
emissions.
• Reduction of engine idling time in
-
construction sites; Use of extenders

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


or other means to direct diesel
exhaust away from the operator.
• Ventilation of indoor areas where
vehicles or engines are operated or
use of exhaust extractor hose -
attachments to divert exhaust
outside.
• Carry out Safety Audits. -
• Implement DOSHS improvement
-
orders.
Soil Quality Degradation • Rehabilitate borrow areas. Contractor/KeNHA/Public Continuous As appropriate
• Revegetate cleared areas. As appropriate
• Ensure proper drainage
-
infrastructure along the road.
• Used oil and spills should be
disposed in an environmental -
friendly manner.
• Reduce open gaps in road reserves
by planting appropriate tree species
suitable for highway or road side
tree planting
• Monitor composition of species
Risk of spread of invasive
regenerating along road reserves Contractor/KeNHA/Public Continuous As appropriate
species
and take prompt actions in case of
emergence of invasive species
• Carry out routine road reserves
maintenance mainly to clear bushes
that may harbor invasive species.
DECOMMISSIONING PHASE
• Use of an integrated solid waste
at the time of
Demolition waste management system i.e. through a Contractor/KeNHA -
decommissioning
hierarchy of options:
o Source reduction -
o Recycling -

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


o Composting and reuse -
o Combustion -
o Sanitary land filling. -
• All buildings, machinery,
equipment, and others that will not
be used for other purposes must be -
removed and recycled/reused as far
as possible.
• All foundations must be removed
and recycled, reused or disposed of -
at a licensed disposal site.
• Where recycling/reuse of the
machinery, equipment, implements,
structures, partitions and other
-
demolition waste is not possible, the
materials should be taken to a
licensed waste disposal site.
• Donate reusable demolition waste
to charitable organizations, -
individuals and institutions.
• Sensitize workforce including at the time of As appropriate
Noise and Vibration Contractor/KeNHA
drivers of construction vehicles. decommissioning
• Install sound barriers for pile As appropriate
driving activity.
• Install portable barriers to shield
compressors and other small
-
stationary equipment where
necessary.
• Proper maintenance of all
-
equipment.
• Workers near high level noise to
-
wear safety and protective gear.
• Spray demolished piles of earth at the time of As appropriate
Dust Emission Contractor/KeNHA
with water. decommissioning

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Avoid pouring dust materials from As appropriate
elevated areas to ground.
• Cover all trucks hauling soil, sand As appropriate
and other loose materials.
• Provide dust screen where As appropriate
necessary.
• Implement an appropriate re-
at the time of
Site degradation vegetation programme to restore the Contractor/KeNHA As appropriate
decommissioning
site to its original status.
• Consider use of indigenous plant
-
species in revegetation.

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Conclusion: The successful construction and operationalization of the only missing link for
B50 road will no doubt contribute to reduction of travel times and overall enhancement of
socio-economic benefits, such as improved access to health care centres, schools, and better
communication between settlements and market centres.
The impacts identified are manageable through application of mitigation measures wherever
they occur. The findings of the Environmental and Social Impact Assessment (ESIA) study
establish that the road project will elicit positive impacts on the socio-economic environment
of the area. The key positive impacts will be a wider and safer transport network, increase in
operation of public service vehicles, local economic stimulus, and creation of employment and
business opportunities.
Recommendations: The proposed project will have both positive and negative impacts. The
report has strived to give comprehensive mitigation measures and environmental management
and monitoring mechanisms which if put in place will minimize or completely eliminate the
possible negative impacts. If the environmental management and monitoring mechanisms
developed in this report is strictly adhered to throughout the life of the project, then the project
will be deemed sustainable.

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CHAPTER 1.0: INTRODUCTION


1.1 Project Background
The Government of Kenya through KeNHA has earmarked funds to undertake final design,
environmental and social impact assessment study in preparation for full construction of the
proposed Isinya-Konza-Malili road project.
In Kenya, road transport is the predominant mode of transport carrying approximately 93% of
all cargo and passenger traffic in the Country. The road network in Kenya has been established
to be approximately 160,886 Km long, comprising of approximately 11,189Km of paved roads
and 149,689Km of unpaved roads. The bulk of the road network in Kenya lies within the highly
populated parts of the country, providing access to the rest of the Country. The Authority
intends to upgrade most of her classified roads bitumen standards to facilitate the economic
transformation of the entire country as well as giving access to citizens wherever the roads
traverses.

The proposed Isinya-Konza-Malili road project was set out by three ranchers in 1980s to
provide access to gypsum miners around Km 13 and later classified as a class E road under the
jurisdiction of Kenya Rural Road Authority (KRRA). In 2018, the road was re-classified and
upgraded to class B and became one of the important trunk roads transversing four counties
namely Makueni, Machakos, Kajiado and Narok. It goes on to form an important link between
A8 at Malili and A2 at Isinya, proceeding through Kiserian-Ngong-Kimuka before terminating
at Suswa as B50 (This latter section is under construction to bitumen standards). Essentially,
the only section of B50 remaining for upgrading is the proposed Isinya-Konza-Malili whose
funds have been set aside for feasibility studies, detailed design and environmental and social
impact assessment in preparation for full construction.
The environmental and social impacts assessment for the proposed upgrading of Isinya-Konza-
Malili Road was conducted through both conventional and participatory approaches in order
to ensure identification of potential environmental and social impacts and proposition of
practical mitigation measures. This is in line with the Environmental Management and Co-
ordination Act Cap 387 and Environmental Impact Assessment and Audit Regulations of 2003
and the environmental international best practices.
1.2 Objectives of the ESIA
The main objective of the ESIA study was to predict, assess, and analyze the possible positive
and negative environmental and social impacts that are expected during the construction,
operation and decommissioning phases of the project. This was done with the aim of proposing
the possible mitigation measures for the highlighted negative impacts. This is in line with
ensuring that the development does not impact negatively on the environment in terms of
social, health, economic and physical (soil, water, plant and animals) state of the project site.
The exercise was carried out in accordance with the Environmental Management and Co-
ordination Act Cap 387 of Kenya (EMCA 1999, Revised 2015) and Environmental Impact
Assessment and Audit Regulations of 2003 and international best practices.
The specific objectives were to:

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• Identify all potential significant adverse environmental and social impacts of the
proposed project and recommend mitigation measures;
• Ensure compliance with the environmental regulations and industry’s standards;
• Generate baseline data for monitoring and evaluation of the success of the mitigation
measures implemented during the project life cycle;
• Recommend cost effective measures to be implemented to mitigate against the expected
impacts;
• Provide guidelines to stakeholders participating in the mitigation of adverse social
impacts of the project;
• Prepare an environmental Impact Assessment Study report compliant to the
Environmental Management and Coordination Act, EMCA Cap 387 and detailing
findings and recommendations.

1.3 Terms of Reference


The terms of reference developed for this study were submitted to NEMA on the 8/06/2021
and refrenced 289.
1.4 Project Background, Overview, Justification and Objectives

1.4.1 Project Background


The proposed Isinya-Konza-Malili road project was set out by three ranchers in 1980s to
provide access to gypsum miners around Km 13(former ranches have since undergone sub-
division as a result of being proximal to Nairobi Metropolitan City) and later classified as a
class E road under the jurisdiction of Kenya Rural Road Authority (KeRRA). In 2018, the road
was re-classified and upgraded to class B and became one of the important trunk roads
transversing four counties namely Makueni, Machakos, Kajiado and Narok. It goes on to form
an important link between A8 at Malili and A2 at Isinya, proceeding through Kiserian-Ngong-
Kimuka before terminating at Suswa as B50 (This latter section is under construction to
bitumen standards). Essentially, the only section of B50 remaining for upgrading is the
proposed Isinya-Konza-Malili whose funds have been set aside for feasibility studies, detailed
design and environmental and social impact assessment in preparation for full construction.
The proposed road project is a Government of Kenya project being spearheaded by the Kenya
National Highways Authority as the implementing agency with funding from Road
Maintenance Levy Fund (RMLF). The full construction of the project road will enhance
accessibility and socio-economic developments along the areas traversed and proceed to link
the four counties (Makueni, Machakos, Kajiado and Narok) served by B50 road. Isinya-Ngong
section of B50 road is already paved, whilst the section between Ngong-Suswa is currently
under construction. In sum, the section between Isinya and Malili remains unpaved. In lieu of
the above, the Government of Kenya through KeNHA intends to pave the unpaved section in

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order to complete the whole B50 link road and consequently enhance economic transformation
of the region.
1.4.2 Project Overview
The scope of the project shall be implemented under 3 No. phases as follows: Phase 1:
Detailed Design

•Review of the existing data on the proposed road project and social and economic
activities in the project study area;
• Collection of social, environmental, and physical data that is necessary to assist in
the design of the project road;
• Geological studies to inform on the ground conditions on the existing alignment on
possible existence of fault lines and other tectonic plate movements;
• Detailed Materials Investigations for Pavement Design using design standards
including preliminary costs estimates and implementation schedule;
• Detailed Engineering survey and design work for the optimum alignment and
design standards including preliminary costs estimates and implementation
schedule;
• Carrying out an environmental and social impact assessment study of the project
area in relation to the proposed project.
Phase II: Works Supervision
• Review of the Contractor’s work programmes and monitoring, on a day-to-day
basis, of the Contractor’s adherence to these programmes.
• Approval of the Contractor’s proposed materials sites.
• Review and approval of the Contractor’s traffic management plan
• Issuance of Site Instructions.
• Verification of quality of executed works and materials used.
• Verification of measurements and issuance of interim payment certificates.
• Monitoring contractor’s work progress, Preparation of Progress Reports and
advising the Engineer accordingly.
• Advising the Engineer on problems arising during the execution of the works.
• Arranging for the relocation of services.
• Monitoring of sound use of resources and protection of the environment.
• Requesting for assistance in HIV/AIDS awareness campaigns from the Ministry of
Health.
• Co-ordinating with third parties, e.g. public utilities, traffic police.
• Analysis of any claims submitted by the contractor.
• Services at Taking Over of the works.
Phase III: Services during Maintenance Period
• Inspection of defect rectification works and maintenance.
• Services at End of Defects Liability of the works.
• Preparation of Final Completion Report, Final Accounts and As-built drawings.

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1.4.3 Project Purpose and Objectives


The upgrading of the proposed project road is being upgraded to meet the following objectives
and service needs both during construction and operation phases of the project:
• Improve the region’s road network,
• Reduce travel time along and across the roads,
• Enhance the operational efficiency of the road,
• Promote economic growth within the region,
• Improve safety and reliability for all road users,
• Attract diverted traffic that will foster regional growth,
• Provide employment opportunities to local inhabitants, among other benefits
1.5 Scope of the ESIA Study
In order to identify the potential environmental and social impacts, and to come up with the
proper mitigation measures for the proposed upgrading of Isinya-Konza-Malili road, the team
utilized both conventional and participatory approaches.
In conducting this exercise, the team undertook:

• The reviewing of preliminary designs and alignment for the proposed project to get
acquainted with environmental issues in the project site vicinity.
• The planning and preparing of a time schedule for the activities to be undertaken for
the ESIA.
• Visiting the project site, and widely consulting with the local communities at local
leaders and other relevant key stakeholders within the three counties traversed by the
road.
• Carrying out a comprehensive assessment ensuring all environmental concerns and
views of all parties/persons likely to be affected by the project are taken into
consideration.
• Developing an environmental and social management plan with mechanisms for
monitoring and evaluating the compliance and environmental performance, which
include the cost of mitigation measures and the timeframe of implementing the
measures.
• Publicizing the project in the local dailies and public spaces such as churches and
centres.
• Liaising with NEMA for compliance with all mandatory and regulatory requirements
relating to the ESIA.
1.6 Data collection methods and procedures
The data collection was carried out in two phase: Phase one entailed scoping followed by
detailed biophysical, socio-economic data collection and stakeholders mapping between

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February and March 2020. Stakeholders consultations were done focused on extensive public
and stakeholders consultative engagements held from 4th- 13th September 2020 along the entire
stretch. In total five meetings were done at the town centres between Isinya-Malili.
The ESIA Study was carried out in compliance with the government of Kenya’s Environment
Management and Coordination Act (EMCA Cap 387) and the Environmental (Impact
Assessment and Audit) Regulations 2003, among other best practices.
The general steps followed during the assessment were as follows:

• Environment screening, in which the project was identified as among those requiring
environmental impact assessment under schedule 2 of EMCA, Cap 387 Environmental
scoping that provided the key environmental issues;
• Desktop studies;
• Physical inspection of the area and surrounding areas;
• ESIA Public participation via the use of questionnaires/ interviews/ meetings / focused
group discussion;
• Data analysis; and
• Report preparation.

a. Environmental screening
This step was conducted through legal review and desktop studies to assess whether there will
be a need for an environmental and social impact assessment, and what level of assessment is
necessary. This was done using a screening checklist in reference to requirements of the EMCA
Cap 387 specifically the second schedule. In line with the second schedule of the Environment
Management Act EMCA Cap 387, all new roads including trunk roads are categorized as high-
risk projects and require a TOR to be prepared and full ESIA Study be undertaken for
submission to the National Environment Management Authority (NEMA) for approval.

b. Environmental scoping
The scoping process, through an ESIA scoping checklist, was conducted to help narrow down
onto the most critical issues requiring attention during the assessment. Environmental issues
were categorized into physical, natural/ecological and social, economic and cultural aspects. It
also included discussions with key stakeholders, managers and design engineers as well as
interviews with local communities.

c. Desktop study
Desktop study included document review on the nature of the proposed activities, project
documents, designs, policy and legislative framework as well as the environmental setting of
the area among others. The key documents reviewed included the following: -

• Integrated Counties Plans.


• Proposed road alignment reconnaissance visit findings.

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• Kenya National and County Laws.


• International Best Practices
• Applicable Multilateral Environmental Agreement (MEAs).

d. Site assessment
Reconnaissance surveys along the route of traverse were conducted by the study team to
familiarize with the site conditions and identify transects for further detailed investigation.
Selected sites were then subjected to further detailed investigations and screening to document
baseline conditions as a basis for anticipating Project Impacts.

e. Public participation
This activity whose progress and outcomes are reported in Chapter Five of this report was
undertaken in fulfillment of the requirements of the Kenyan Constitution, 2010 and EMCA
Cap 387 which require all project development to be proceeded by mandatory public
consultation and stakeholder engagement as a measure of improving environmental and social
sustainability of projects, enhancing project acceptance and making a significant contribution
to successful project design and implementation. Public participation meetings were conducted
various centres along the road project.
To ensure adequate public participation in the ESIA process, questionnaires were administered
to the local communities, leaders, and the information gathered was subsequently synthesized
and incorporated into the ESIA Study Report. Team has incorporated the concerns and views
of all stakeholders and the affected people.

f. Data analysis, reporting and documentation


Upon data analysis, potential environmental impacts (both positive and adverse) were predicted
based mainly on concerns raised by the public, stakeholders and expert observations on the
ground and available tools. The magnitude, significance, and acceptability of predicted impacts
were evaluated with a view to determining whether observed adverse impacts are significant
enough to warrant mitigation. Impacts were further screened for occurrence and significance
of residual (those which cannot be mitigated satisfactorily) and cumulative impacts with a view
to providing a basis of making recommendations on the way forward for the project.
1.7 ESIA organization and structure
Based on the existing information, the ESIA study was carried out to full completion and
processing is estimated to take another 45 days from the date of undertaking.
The ESIA study as proposed above culminated with production of this Study Report designed
to ensure that the proposed development complies with the Environmental Management and
Coordination Act (EMCA, Cap 387). The report is organized in 10 chapters as outlined below:
Chapter 1: Gives Background Information to the Study Describing the Objectives and
the Terms of Reference.
Chapter 2: Project Description.

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Chapter 3: Gives the Policy, Legal and Regulatory Framework Policy, Legal,
Institutional and Administrative Framework. Study Area.
Chapter 4: Outlines the Baseline Information of the
Chapter 5: Summarizes the outcome of the Stakeholder Engagement and Public
Consultations process.
Chapter 6: Project Alternatives to the Project.
Chapter 7: Grievance Redress Mechanism Identification of Potential Impacts of the
Project.
Chapter 8: Analysis of Environmental Impacts
Chapter 9: Environmental and Social Management Plan (ESMP).
Chapter 10: Climate Change
Chapter 11: Concludes the findings and recaps the main recommendations.
Chapter 12 References
Appendixes

The implementation of ESMP is a core part of the project implementation from design to
completion stage and is expected to be adopted by the contractor and supervising consultant
with close monitoring on its adherence by KeNHA.

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CHAPTER 2.0: PROJECT DESCRIPTION

2.1 Introduction
The Government of the Republic of Kenya has earmarked funds through the Development Vote
for use in undertaking final design, environmental and social impact assessment study in
preparation for full construction of Isinya-Konza-Malili road project. The development of the
road will provide an important missing link that connects roads A2 and A8 i.e. connection
for Narok-Kajiado- Machakos and Makueni or Mombasa traffic. The link road is envisioned
to promote social welfare, economic activities and provide a wider road network to the
proposed Konza City and its environs within the project’s zone of influence. Previously, the
proposed road was a class E road under the jurisdiction of KeRRA but was later re-classified
and upgraded to class B (coded B50) in 2018. The road project transverses three counties of
Kajiado, Machakos and Makueni. It runs from Malili town through Konza, Isinya, Kiserian,
Ngong, and Kimuka and terminates at Suswa town, Narok County.
2.2 Project Objective
The objective of the assignment is to provide the Government of Kenya through the Kenya
National Highways Authority (KeNHA) which is the implementing road agency, with
sufficient information from studies, investigations, enquiries and designs presented in form of
drawings, bills of quantities and reports to enable upgrading of Isinya -Konza -Malili (B50)
Road to bitumen standards and same time dualling.
The upgrading of the road to bitumen standards is envisioned to increase the traffic capacity
thereby reducing travel time and vehicle operating cost as well as enhancing road safety.
2.3 Project Details
The project road commences at Isinya Town at the junction of Athi River-Namanga Road (A2)
and B50 Roads and ends at Malili Town at the junction with Mombasa-Nairobi Road (A8).
The project road is approximately 50Km long, mainly located in Kajiado County (38Km) and
short sections in Machakos and Makueni Counties. The road traverses a rolling terrain and land
with very high potential for livestock and horticulture farming.
The width of the existing Right of Way (ROW) ranges between 15m and 18m for Class E road,
but the road has since been reclassified to Class B road. This will necessitate the widening of
the road corridor to a minimum of 60m thereby translating to major land acquisition in order
to achieve the requisite ROW for the project road.

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Figure 1: Map showing Isinya-Konza-Malili Road Section

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2.4 Project activities and processes


The project has 4 major phases:
i. Pre-construction (planning and design) phase.
ii. Construction phase.
iii. Operational phase.
iv. Decommissioning phase.
A. Planning and design phase
This is the initial phase of the whole road construction project. It involves the following
activities:
i. Preliminary design
The preliminary design entails the following:
a. Review of the existing data on the proposed road project and social and economic
activities in the project area.
b. Collection of social, environmental and physical data that is necessary to assist in the
design of the project road.
c. Preliminary engineering survey and design work for the optimum alignment and design
standards. These includes;
• Topographical surveys
• Hydrological and hydraulic studies
• Sub-surface soil exploration
• Material surveys (borrow sites, quarries and water sources) and
• Field and laboratory soils and materials investigations
d. To carry out an Environmental Impact Assessment of the project area in relation to the
proposed project.
ii. Detailed design
The detailed design entails:
a. Comprehensive field surveys.
b. Soils and material investigation.
c. Drainage and bridge site investigation.
d. Geometric designs.
iii. Road Design
The road runs through three former group ranches which since have been subdivided into
individual parcels. During demarcation exercise, some section of road was moved from the
existing location to new corridor between Km 11+000 to 14+300 without factoring in corridor
width which averages currently at 18m.
Design Philosophy
The following general design philosophy has been used as a guideline for the geometric design
of the project road: -

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Achievement of economic design which will result in optimum balance between the
construction and overall road user costs.
Investigation of alternative alignments, pavement and structural design proposals with a view
of obtaining optimum alignment that is commensurate with the requirements of Road Design
Manuals.
Provision of road alignments that are safe and aesthetically pleasing and that maintain harmony
between the road and the surrounding environment, while minimizing any negative impacts on
the environment.
Design Route Lengths and Proposals
The following table shows the various Lengths of the Project Roads consisting of the main
carriageway from Isinya -Konza-Malili and associated town roads.
Table 2.1: Project Road Lengths.
Type Proposed Route Lengths
a Dual Isinya- Konza -Malili 43.5 Kms
Carriageway
The road bypasses Isinya, Konza and Malili
towns
b Urban Road Isinya town road 3.2 Kms

Konza town road 5 Kms


Malili town road 2 Kms
c Rural Road Konza Techno polis Access road 3 Kms

The following table shows the various project roads consisting of the main carriageway from
Isinya-Konza-Malili, bypass routes and town roads whose design has been carried out.
Table 2.2: Proposed Routes
Type Proposed Route General provisions
a Dual Isinya- Konza -Malili
Dual carriageway 2 lanes mixed traffic on
Carriageway either direction, 12- 15 m wide median, 2
The road bypasses lane service roads on either side
Isinya, Konza and
Malili towns
b Urban Road Isinya, Konza & Malili Single Carriageway 2 lane 2-way Road

c Rural Road Konza Techno polis Single Carriageway 2 lane 2-way Road
Access road

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Road Configuration Option


During Preliminary Stage, the road was generally designed as a rural single carriageway that
mostly followed the existing corridor. The geometrics had been greatly improved and it was
causing heavy demolitions especially in town sections. In Konza Town alone, the project road
would have crossed the MGR lines twice, with one railway crossing too adjacent to the Konza
Meter Gauge Railway Station with several crossings and government staff houses for Kenya
Railways Corporation (KRC) and warehouses for National Cereals & Produce Board
(NC&PB).

Consequently, future projections of traffic data prompted the decision to design the project
road to dual carriageway standards but would be subjected to stage construction. After careful
considerations of the above cost implications, it was therefore prudent to realign the road to
bypass the towns of Konza, Isinya and Malili in order to achieve most economical, safe and
adequate design. Grade-separated junctions will be provided at both Isinya and Malili towns at
the newly acquired reserve for smooth flow of through traffic into and out of A2 & A8 roads

Design Output

The horizontal alignment of the project road has been realigned at some sections either to
minimize built land acquisition or to avoid marshy grounds while attaining good geometry of
the road.
a) Isinya and Malili Interchanges

Proposal for Trumpet junctions at Isinya and Malili towns has been done on a new corridor to
be constructed as a future carriageway. The road was realigned at these particular sections to
avoid expensive property compensation at both Isinya and Malili Shopping Centres by
acquiring the vacant land adjacent to the towns.
b) Km 9 to Km 13

The delineated corridor is on marshy grounds established to be the old abandoned gypsum
mining sites filled with storm water. Therefore, the proposed dual carriageway has been
realigned almost 1 km away to avoid expensive earthworks required and anticipated drainage
issues in future while improving the geometry of the road.
c) Konza Bypass

The existing alignment goes through SGR underpass and immediately crosses an old MGR line
before crossing several other MGR lines near the old Konza Railway Station. This poses great
challenge for a dual carriageway to be constructed without incurring expensive demolitions in
Konza town and construction of at least two (2) road over rail long span bridges. Therefore,
realignment was deemed necessary to bypass Konza town and acquire new corridor over
expensive compensations and costly structures required.

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Construction phase
Setting out
The construction works shall start with setting out the alignment of the road. Reference pegs
shall be 50mm in section 600mm long driven into ground and painted white above the ground.
The offset from the centerline shall be indicated by small nail 20mm to 25mm long with its
head driven flush with the top of the peg. Chainage, off-set and reference elevation would be
indicated to the sides of the peg to the satisfaction of the proponent. After cutting of benches
and prior to commencement of earthworks or sub-grade works, Contractor shall take
commencement cross-sections again and submit the copy of the same to proponent for
agreement. These cross-sections shall then be used as basis of measurement for all subsequent
layers, unless otherwise stated.

Clearance of the alignment and creation of diversions


This will involve clearance of the site on road reserve including removal of trees, hedges and
other vegetation and any deleterious materials, grub up roots, backfilling and compaction to
100% MDD (AASHTOT99) with approved material. It would also involve removal of topsoil
to a maximum depth of 200mm. When instructed by the Engineer, the Contractor shall
demolish or remove structure and any other obstruction from the road reserve.

Earthworks
Earthworks will involve:

• Filling in soft material including benching of embankments and compaction to 95% MDD
(AASHTO T99) in layers not exceeding 150mm.
• Filling in hard material (rock fill in selected sections).
• Cutting to spoil both hard and material.
• Landscaping and grassing.
Specifically, this stage would involve:

Preparation prior to forming embankment


Where benching is required for existing pavement to accommodate earthworks sub-grade or
sub- base for widening the road, the rate for compaction of existing ground shall be deemed to
cover this activity.
Excavation in the pavement of the existing road shall be kept dry. In the event of water
penetrating the underlying layer, construction of the subsequent layers shall be postponed until
the underlying layers are dry enough to accommodate the construction plant without deforming
or otherwise showing distress.
Step construction shall be carried out per layer at the joint where excavating, both vertically
and perpendicular to the direction of the travel. The step shall be 500mm perpendicular to the
direction of the travel and 150mm vertical unless otherwise instructed by the Engineer.

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Construction of embankments
Only material approved by the Engineer shall be used for fill in embankments.
Material with high swelling characteristics or high organic matter content and any other
undesirable material shall not be used, unless specifically directed by the Engineer.
Unsuitable material shall include:

• All material containing more than 5% by weight or organic matter (such topsoil,
material from swamps, mud, logs, stumps and other perishable material).
• All material with a swell of more than 3% (such as black cotton soil) All clay of
plasticity index exceeding 50.
• All material having moisture content greater than 105% of optimum moisture content
(Standard Compaction).

Embankment repair
Where directed by the Engineer, any localized filling in soft, hard or natural; selected material
requirements shall be executed.

Compaction of earthworks
At pipe culverts, all fill above ground level around the culverts shall be compacted to density
of 100% MDD (AASHTO T.99) up to the level of the top of the pipes or top of the surround(s),
if any and for a width equal to the internal diameter of the pipe on either side of the pipe(s) or
surround(s) as applicable.
At locations adjacent to structures, all fill above ground level up to the underside of the sub-
grade shall be compacted to density of 105% MDD (AASHTO T.99). In case of fill around box
culverts this should be carried out for the full width of the fill and for a length bounded by the
vertical plane passing through the ends of the wing walls.
Compaction of sub-grade material (i.e. material immediately below formation) in cut areas
shall not be carried out by the contractor in areas where the formation is formed in hard
material, unless specific instructions to the contrary are issued by the Engineer.
Where improved sub-grade material shall be required, this shall be compacted and finished to
the same standards and tolerances as those required for normal sub-grade and clauses in the
specifications applying to normal sub-grade shall also apply.

Mass-haul diagram
The Contractor will prepare a mass haul diagram and will also be responsible for locating
suitable materials for constructing earth-works along the alignment and elsewhere.

Borrow pits
Fill material which is required in addition to that provided by excavation shall be obtained from
borrow pits to be located and provided by the Contractor but to the approval of the Resident
Engineer.

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Top soiling, grassing and tree planting


Top soiling and Grassing will be done as per specifications for Roads and Bridges 1986 and as
guided by road engineer. Cleared trees will be compensated by planting suitably adapted and
native tree species at the project site or its environs.

Sub-grade
Sub-grade shall mean upper 300mm of earthworks either in-situ or in fill and sub-grade shall
be provided, as part of earthwork operation and payment shall be made as ‘fill’. The material
for sub- grade shall have a CBR of not less than 15% measured after a 4-day soak on a
laboratory mix compacted to a dry density of 100% MDD (AASHTO T99) and swell less than
1%.

Excavations and filling for structures


The major activities would be:

• Excavations and backfilling for gabions in soft material.


• Excavation in soft materials for culverts and foundations for piers and abutments.
• Placement for gabions and mattresses as directed by the engineer.
• Rock-filing gabions.
• Placement of 200mm thick pitching including grouting to aprons upstream/downstream
of bridges, culverts and drains.

Culverts and drainage works


The construction of culverts and drains would involve the following activities:

• Excavations in both soft and hard material for pipe culverts, headwalls, wing walls
aprons, toe walls and drop inlets.
• Placement of class 20(20) concrete to headwalls, wing walls, aprons, inlets and outlets
to pipe culverts including formwork.
• Excavations for side drains, mitre, drains cut-off drains and outfall drains.
The Contractor shall excavate and remove all existing blocked or collapsed culvert pipes of
450mm, 600mm and 900mm diameter including concrete surround, bedding, and inlet and
outlet structure. The void left after removal of culvert pipes shall be widened as necessary to
accommodate new concrete bedding, pipe and hunching.

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Plate 1: Sample bridges that will be replaced during construction (a) drift at Km 10 b) 4-cell pipe culverts
at Km 23

Storm water management plan


Storm water management plan will address storm water quantity and quality and how to protect
ecological, social/cultural and economic values. The plan will be used to aid decision making
to ensure that remedial measures (structural and non-structural) are undertaken in a cost-
effective, integrated and coordinated manner and that the decisions made with regard to the
project take into full account implications for storm water impacts.

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a b

Plate 2: a) Poor drainage at Isinya town b) storm water drainage at Isinya town to be replaced

Construction of deviations for traffic


The contractor would construct deviations roads, minimum width 6m thickness of gravel
150mm minimum CBR 20. The construction would also involve erection and maintenance of
signage and barriers along the route.

Transportation and treatment of construction materials


Some of the major materials to be used in the construction of the road include:

• Natural gravel;
• Water;
• Ordinary Portland cement and lime;
• Bitumen;
• Kerosene;
• Wrought Shuttering Timber; and
• Mild Steel.
A materials data schedule will be maintained and updated as necessary highlighting source,
quantities and date of receipt of materials and in the converse materials going out, where
utilized and date utilized.

Concrete works
All concrete works would be done according to the specifications as provided in the
engineering design.
Formwork for culvert walls and slabs
This work shall consist of all temporary moulds for forming the concrete for culvert walls and
slabs together with all temporary construction for their support. Unless otherwise directed by
the Engineer all formworks shall be removed as required on completion of the walls and slabs.

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Materials
Forms shall be made of wood or metal and shall conform to the shape, lines and dimensions
shown on the Drawings.
All timber shall be free from holes, loose material, knots, cracks, splits and warps or other
defects affecting the strength or appearance of the finished structure.
Release Agents – Release agents shall be either neat oils containing a surface activating agent,
cream emulsions, or chemical agents to be approved by the Engineer.
Construction method
A. Formworks
Formworks shall be designed to carry the maximum loads that may be imposed, and so be
rigidly constructed as to prevent deformation due to load, drying and wetting, vibration and
other causes. After forms have been set in correct location, they shall be inspected and approved
by the Engineer before the concrete is placed.
If requested, the contractor shall submit to the Engineer working drawings of the forms and
also, if requested, calculations to certify the rigidity of the forms.
Unless otherwise described in the Contract, all form joints for exposed surfaces of concrete
shall form a regular pattern with horizontal and vertical lines continuous throughout each
structure and all construction joints shall coincide with these horizontal and vertical lines. PVC
pipes of 50mm diameter for weep holes shall be arranged as shown on the Drawings.
Unless otherwise specified, formwork shall be designed to form chamfers at all external corners
whether or not such chamfers are shown on the Drawings to prevent cracks and other damage
from arising.
The inside surface of forms shall be cleaned and coated with a releasing agent to prevent
adhesion of the concrete. Release agents shall be applied strictly in accordance with the
manufacturer’s detailed instructions. The release agent shall be applied to the formwork prior
to erection. Release agent must not come into contact with reinforcement. Immediately before
concrete is placed, the forms shall be thoroughly cleaned and freed from sawdust, shavings,
dust, mud or other debris by hosing with water. Temporary openings shall be provided in the
forms to drain away the water and rubbish.
i)Scaffolding
All scaffolding required to support the forms shall be designed and constructed to provide
necessary rigidity and support the loads without appreciable deflection or deformation.
Details, plans and structural and flexural calculations for scaffolding shall be submitted to the
Engineer for approval, but in no case, shall the contractor be relieved of his responsibility for
the results obtained by use of these plans, etc.
ii)Removal of formwork
The time at which the formwork is truck shall be the Contractor’s responsibility and the forms
shall not be removed until the concrete strength has reached 20 N/mm².

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Concrete works of culvert walls and slabs


iii)
This work shall consist of furnishing, mixing, delivering and placing of the concrete for the
construction of culvert walls and slabs, in accordance with these Specifications and in
conformity with the requirements shown on the Drawings.
Concrete materials
iv)
a. Cement
Cement shall be of Ordinary Portland Cement type CEM 1, 42.5 and shall conform to the
requirements of K.S. 02-21 or equivalent.
The contractor shall select only one type or brand of cement or others. Changing of type or
brand of cement will not be permitted without a new mix design approved by the Engineer. All
cement is subject to the Engineer’s approval; however, approval of cement by the Engineer
shall not relieve the Contractor of the responsibility to furnish concrete of the specified
compressive strength.
Conveyance of cement by jute bags shall not be permitted. Storage in the Contractor’s silo or
storehouse shall not exceed more than two (2) months, and age of cement after manufacture at
mill shall not exceed more than four (4) months. The Contractor shall submit to the Engineer
for his approval the result of quality certificate done prepared by the manufacturer.
Whenever it is found out that cement have been stored too long, moist, or caked, the cement
shall be rejected and removed from the project.
b. Aggregates
Fine and coarse aggregates must be clean, hard, strong and durable, and free from absorbed
chemicals, clay coating, or materials in amounts that could affect hydration, bonding, strength
and durability of concrete.
c. Water
All sources of water to be used with cement shall be approved by the Engineer. Water shall be
free from injurious quantities of oil, alkali, and vegetable matter and salt as determined by the
Engineer.
d. Admixture
Only admixture, which have been tested and approved in the site laboratory through trial
mixing for design proportion shall be used.
Before selection of admixture, the Contractor shall submit to the Engineer the specific
information or guarantees prepared by the admixture supplier.
The contractor shall not exclude the admixture from concrete proportions.
e. Proportioning concrete
The Contractor shall consult with the Engineer as to mix proportions at least thirty (30) days
prior to beginning the concrete work. The actual mix proportions of cement, aggregates, water
and admixture shall be determined by the Contractor under supervision of the Engineer in the
site laboratory.

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The Contractor shall prepare the design proportions which has 120% of the strength
requirement specified for the designated class of concrete.
No class of concrete shall be prepared or placed until its job-mix proportions have been
approved by the Engineer.
i. Concrete work
i) Batching
Batching shall be done by weight with accuracy of:
1) Cement: ½ percent

2) Aggregate: ½ percent

3) Water and Admixture: 1 percent.

Equipment should be capable of measuring quantities within these tolerances for the smartest
batch regularly used, as well as for larger batches.
The accuracy of batching equipment should be checked every month in the presence of the
Engineer and adjusted when necessary.
ii) Mixing and delivery
Slump of mixed concrete shall be checked and approved at an accuracy of +25mm against
designated slump in these specifications.
iii)Concreting at night
No concrete shall be mixed, placed or finished when natural light is insufficient, unless an
adequate approved artificial lighting system is operated; such night work is subject to approval
by the engineer.
iv) Placing
In preparation of the placing of concrete, the interior space of forms shall be cleaned and
approved by the engineer prior to placing concrete. All temporary members except tie bars to
support forms shall be removed entirely from the forms and not buried in the concrete. The use
of open and vertical chute shall not be permitted unless otherwise directed by the engineer. The
contractor would provide a sufficient number of vibrators to properly compact each batch
immediately after it is placed in the forms.

Road furniture
This would involve the erection of concrete posts and flex-beam guardrails complete with
spacers at 3810mm intervals. The contractor will also be required to provide and erect
permanent road signs where instructed by the resident engineer and in accordance to special
specifications. They will include:

• Warning signs.
• Priority, prohibitory and mandatory signs.
• Standard informatory signs.

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• Non-standard informatory signs.


Along with the physical signs the contractor would be required to provide and deliver air tight
corrosion resistant 20 liters containers approved white paints and yellow (reflectorized) and
mark the road as directed by the engineer. The works would also involve provisions of road
studs both unidirectional and bidirectional of stimsonite nature or similar.

Edge marker posts


Edge marker posts shall be provided as directed by the Engineer and in compliance with
standard Specification Clause 2003.

Permanent road signs


Permanent Road Signs shall be provided as directed by the Engineer and in compliance with
the requirements of the "Manual for Traffic Signs in Kenya" Part II and Standard Specification
clause 2004. Old signs to be reused should also be tested.

Existing road signs


Where directed by the Engineer, the Contractor shall take down road signs including all posts,
nuts, bolts and fittings, and remove and dispose of the concrete foundation and backfill the post
holes. The signs shall be stored at the Contractor's store and they shall become the property of
the proponent who shall remove them prior to the expiry of the maintenance period.
Measurement and payment for taking down road signs shall be made by the number of signs
of any type and size taken down, cleaned and stored as directed.
Where a salvaged existing sign complies with the requirements of new road signs, the Engineer
may instruct the Contractor to remove the sign for safe storage, and re-erect it.
Measurement and payment shall be made by the number of road signs re-erected as directed
and the rate shall include for excavation, concrete foundations and backfilling around posts and
removal of surplus material to spoil.

Road marking
Paint for road marking shall be internally reflectorized hot applied thermoplastic material (with
Ballotini beads) in accordance with Clause 218 d (ii) of the Standard Specification. The
Ministry of Public Works Materials Branch must approve this reflectorized paint inclusive of
the Ballotini beads.

Guardrails
Guardrail posts shall be concrete 210mm x 210mm x 1710mm set vertically at least 1.2m into
the shoulder as directed by the Engineer. Beams for guardrails shall be "Armco Flex beam" or
similar obtained from a manufacturer approved by the Engineer and tested to ensure
compliance with AASHTO M180.

Vertical joints
Vertical joints between adjacent Kerbs shall not be greater than 5 mm in width and shall be
filled with a mortar consisting of 1:3cement: sand by volume.

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Transition between flush and raised kerbs


The transition between flush and raised kerbs (e.g. at bus bays) shall be termed as ramped
kerbs. The transition between flush and raised kerbs shall occur within a length of 2.0 m.

Kilometre marker posts


Kilometer marker posts shall be provided as directed by the Engineer and in compliance with
Standard Specification clause 2008.

Rumble strips
Where directed by the Engineer, the Contractor shall provide, place, trim, shape and compact
to line and level asphalt concrete rumble strips on the finished shoulders. This shall be done to
the satisfaction of the Engineer

Construction plant
The plant would have the following machinery for construction purposes: graders, vibrating
rollers, wheel loaders, tipper, water bowsers, concrete mixers, concrete vibrators among others

Quarries, borrow pits, stockpiles and spoil areas

a) Provision of land
The Contractor will make available any land for quarries, borrow pits, stockpiles and spoil
areas, except for those areas in road reserves specifically approved by the resident engineer.
The contractor will be entirely responsible for locating suitable sources of materials complying
with the Standard and Special Specifications and for the procurement, mining, haulage to site
of these materials and all costs involved therein. Similarly, the contractor will be responsible
for the provision and costs involved in providing suitable areas for stockpiling materials and
spoil dumps. Should there be suitable sites for spoil dumps or stockpiles within the road reserve
forming the site of the works the Contractor may utilize these subject to the approval of the
Engineer.

Safety and public health requirements


This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms would be provided for throughout the project duration.
The contractor shall allow for qualified professionals to conduct lectures to the workers
regarding the spread of HIV/Aids.

Summary project activities


The major Works to be executed under the Contract comprise mainly of but are not limited to
the following: -

• Limited site clearance and top soil removal.


• Earthworks.
• Preparation of the sub-grade to receive the pavement layers as per the standard
specifications.

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• Provision of cement improved gravel for road sub-base of the specified thickness.
• Dense Bitumen Macadam (DBM) road base of the specified thickness.
• Provision of 50mm thick asphaltic concrete Type 1 binder course.
• Provision of a single surface dressing using 14/20 mm pre-coated class 4 chippings for
the carriageway and using 6/10 mm pre-coated class 4 chippings for the shoulders. The
shoulders shall be constructed with the same material and thickness as for sub-base,
base and surfacing.
• Construction of culverts and other drainage works.
• Protection works using stone pitching and gabions as necessary.
• Relocation of services as necessary.
• Installation of kerb stones where instructed.
• Provision of road furniture, including road marking and traffic signs.
• Landscaping including top soiling and grassing.
• Maintenance of passage of traffic through and around the works.
• Any other activity not listed above in either category but deemed to be necessary by the
Engineer, shall be subject to the Engineer’s formal instructions and within the mode of
payment stipulated either by day works or on a measured basis.
B. Operation phase activities
The Contractor will be required to remedy any defects during the Defects Liability Period. The
major items of work during Defects Liability period included in the contract are as follows:

• Repair of any defects on the road and road furniture;


• Removal of construction camps, removal of un-used material stockpiled on the road,
tidying and general cleanness of the road and construction sites.

C. Decommissioning phase
Decommissioning refers to the final disposal of the project and associated materials at the
expiry of the project life span. In respect to the road, decommissioning is not anticipated.
(Details of the Decommissioning Plan are highlighted on Chapter 9, subsection 9.3.10)

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Table 1: The products, by products and waste generated during project cycle

Project activities Material /equipment to be Waste/by products generated Disposal method


used
1 Planning and Design Phase – No anticipated physical activities or processes
2 Construction Phase
Clearing the site -Power Saws -Cut vegetation -Soil to be used for backfilling
-Caterpillars -Rock debris -Wood would be used as fuel and in the
-Noise (by power saw) construction of workers houses.
-Good maintenance of machines being
used.
Excavation/Earthworks including -Excavation equipment’s - Soil - Soil to be used for backfilling and
removal of topsoil including caterpillars, haulers -Roots landscaping
etc. -Noise
Transportation of materials & Trucks -Fumes -Used oil/grease to be reused for
maintenance of equipment’s Fuel, spare parts and lubricants -Used oil, and other lubricants lubricating movable parts of equipment
oil
Construction/Building Materials -Machine cut stones -Stone /Rock Debris -Soil and rock debris would be used for
-Steel - Timber Splits landscaping & back filling the reserves
-Cement - Broken Glass -Timber splits would be used for firewood
- Soils - Nails and Iron Sheets Cuts and burning of tar etc.
-Paving slabs - Piping Remains -Plastic waste should be resold to waste
-Timber - Plastic Waste collectors or dumped in appropriate
-Nails, galvanized iron sheets - Oil and Greases Spills designated sites.
-Gravel, sand - Waste Water -Metallic containers can be reused in
-Glass - Used Containers storage of other materials or be sold to
-Bitumen dealers.
-Oil -Metallic wastes can be recycled or be sold
-Water to dealers.

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-Packaging Materials -Waste water can be recycled by watering


- Pipes and PVC diversions to control dust.
-Oil and Grease -Oils and grease should be reused, be sold
- Storage Containers E.g. to dealer or be disposed of in areas.
Drums
- Paints
Human Consumables -Stationeries -Used paper -Sell waste paper to dealers.
- Computers -Obsolete/ spoilt clothing, computers, -All obsolete materials should be carefully
- Photocopiers photocopiers and vehicle parts sorted, stored and sold to dealers.
- Clothing Materials -Human waste -Septic tanks should be provided in all the
- Vehicles -Expired drugs and reagents workmen’s camps and disposed of
- Medicines appropriately in designated sites.
- Reagents
-Food and Water

Post construction and operations phase activities

Table 2: Post constructions and operations phase activities

Post constructions and operations phase


Project activities Material /equipment to be used Waste/by products generated Disposal method

Workmen’s Camps All Associated Building Materials Unusable materials e.g. broken timber, Should be removed and disposed in
glass accordance to waste categories

Construction Machinery All Machines Should be sold to dealers or be used in


other projects

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Road repairs due to accidents, old Bitumen Removed materials or road cover Should be transported to designated
age breakdowns etc. Oil and Greases Sand and Gravel including the base materials municipal sites.

Vehicles involved in accidents Vehicle wreckages Should be towed away to garages or


other regulatory recommended areas

2.4 Project cost


The total estimated construction cost for Dualling of Isinya-Konza-Malili Road is 6 billion.

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CHAPTER 3.0: POLICY, LEGAL AND REGULATORY FRAMEWORK

3.1 Introduction
The Government’s policy on road transport is to provide efficient and reliable road network to
spur Socio-economic development and improve security. Under the administrative framework,
the National Environment Management Authority (NEMA) is responsible for ensuring that
Environmental Impact Assessments (EIAs) are carried out for new projects and environmental
audits on existing facilities as per the requirements of the Environmental Management and
Coordination Act (EMCA, Cap 387). Projects subject to this requirement are specified in the
Second Schedule of the EMCA, Cap 387.
In Kenya, it is a legal requirement that any proposed project of the scale described in this report
should undergo an Integrated Environmental and Social Impact Assessment. These
requirements are stipulated in the Environmental Management and Coordination Act (EMCA,
Cap 387) and EIA/EA Regulations 2003. This section outlines the Policy, Legal and
Institutional framework pertaining to the proposed road development project.
3.2 Policy and institutional framework

3.2.1 The Constitution of Kenya of 2010


The Constitution of Kenya has taken onboard various issues that are related to environmental
management. Article 42 of the Bill of Rights contained in the Constitution provides that ‘every
Kenyan has the right to a clean and healthy environment, which includes the right to have the
environment protected for the benefit of present and future generations through legislative and
other measures’.
Chapter 5 of the Constitution is dedicated to land and the environment. The Constitution
requires that land be used and managed in a manner that is equitable, efficient, productive and
sustainable. Part 2 of Chapter 5 of the constitution is dedicated to Environment and Natural
Resources. Article 69 in Part 2 provides that the state shall provide encourages efforts towards
sustainable of natural resources, increasing of the national forest cover public participation in
the management, protection and conservation of the environment, protection of genetic
resources and biodiversity, environmental impact assessment, environmental audit and
monitoring of the environment, etc. The proposed project should ensure compliance with the
constitutional requirements in as far as equitable sharing of the resources between various
stakeholders is concerned on matters of sustainability of livelihoods and biological resources
public participation Resettlement Action Plan among others.
The Kenyan constitution also gives prominence to public participation; as a general national
value in environmental protection. Article 69(1) states that the State shall encourage public
participation in the management, protection, and conservation of the environment.

3.2.2 National policy framework


The Republic of Kenya has a policy, legal and administrative framework for environmental
management. The broad objectives of the national environmental policy in Kenya are: -

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• To ensure optimal use of natural resources while improving environmental quality.


• To conserve natural resources such that the resources meet the needs of the present
without jeopardizing future generations in enjoying the same.
• To develop awareness that inculcates environmental stewardship among the citizenship
of the country.
• To integrate environmental conservation and socio-economic aspects in the
development process.
• To ensure that national environmental goals contribute to international obligations on
environmental management and social integrity.
To achieve the above policy objectives, it is a policy directive that appropriate reviews and
evaluations of all forms of developmental project plans and operations are carried out to ensure
compliance with the environmental policy and legal frameworks. The following section
provides details on the relevant policies in the country.

a. Sessional Paper No. 10 of 2012 on Kenya Vision 2030


Kenya Vision 2030 is a comprehensive national development plan for period 2008 to 2030.
The plan was developed following successful implementation of the Economic Recovery
Strategy for Wealth and Employment Creation which ensured the country’s economy was back
on the path for realization of rapid economic growth since 2002. The county’s GDP growth
rose from 0.6% to 7% in 2007, but declined to 1.7% and 1.8% in 2008 and 2009, respectively.
The objective of the Vision 2030 is to transform Kenya into a middle-income country with a
consistent annual economic growth of 10 % by the year 2030. The 2030 goal for urban areas
is to achieve “a well-housed population living in an environmentally-secure urban
environment.” This goal is expected to be achieved by developing basic infrastructure services
such as roads, street lights, water and sanitation facilities, storm water drains, footpaths, and
others while ensuring that the country has a clean, secure and sustainable environment by 2030
through reduction of pollution and improvement of waste management. The proposed road
project will contribute to the realization of the goals of Vision 2030 through improvement of a
reliable and efficient road infrastructure facility, provision of employment opportunities, and
provision of faster and efficient mode of transport, among others.

b. Environment and Development (Sessional Paper No. 6 of 1999)


The Kenya’s policy paper on the Environment and Development was formulated in 1999. The
policy defined approaches that will be pursued by the Government in mainstreaming
environment into development. The policy harmonized environmental and developmental
objectives with the broad goal of achieving sustainable development. The policy paper also
provided guidelines and strategies for government action regarding environment and
development. In regard to wildlife, the policy reemphasized government’s commitment
towards involving local communities and other stakeholders in wildlife conservation and
management, as well as developing mechanisms that allow them to benefit from the natural
resources occurring in their areas. The policy also advocated for the establishment of zones
that allow for the multiple use and management of wildlife. This policy is relevant to the

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proposed development project in view of the potential impacts on the environment and
involvement of the public in project planning.

c. Sessional Paper No. 10 of 2014 on the National Environment Policy


The policy seeks to provide the framework for an integrated approach to planning and
sustainable management of natural resources in the country. It recognizes the various
vulnerable ecosystems and proposes various policy measures not only to mainstream sound
environmental management practices in all sectors of society throughout the country but also
recommends strong institutional and governance measures to support achievement of desired
objectives and goals.

d. National Environmental Action Plan (NEAP) of 2009-2013


The 1992 Earth Summit held in Rio de Janeiro came up with various recommendations, among
them Agenda 21, a Global Environmental Action Plan. The theme of the Summit focused on
how nations could attain sustainable development. The Government of Kenya embraced this
idea by developing the first National Environment Action Plan (NEAP) in 1994. The NEAP
report addresses environmental issues from various sectors in an integrated manner and their
significance in development planning. It proposed a strategy for achieving sustainable
development in line with Kenya’s quest to meet the Millennium Development Goals (MDGs),
Vision 2030 and Medium-Term Plan (MTP). The report brings out several proposed
interventions, legal and institutional framework to be incorporated into sectoral development
plans and Programmes. Its implementation is monitored through the Annual State of the
Environment Reporting.

e. The National Poverty Eradication Plan (NPEP) of 1999


The National Poverty Eradication Plan (NPEP) was formulated with an objective of reducing
the high levels of poverty in Kenya by 50 percent by the year 2015, as well as to strengthen the
capabilities of the poor and vulnerable groups to earn income. The plan also aimed at reducing
gender and geographical disparities in order to create a healthy, better-educated and more
productive population. The formulation of the plan was guided by the goals and commitments
agreed during the World Summit for Sustainable Development (WSSD) of 1995. The plan
therefore focuses on the delivery of four WSSD themes of poverty eradication; reduction of
unemployment; social integration of the disadvantaged people and creation of an enabling
economic, political, and cultural environment through development of transport and
communication sector. The plan is implemented by the Poverty Eradication Commission (PEC)
that was established in collaboration with various Government Ministries, bilateral and
multilateral donors, the private sector, Community Based Organizations (CBOs) and Non-
Governmental Organizations (NGOs). The NPEP is relevant since the proposed road will create
an enabling environment that will contribute immensely in the enhancement of economic
growth in Kenya. The proposed project would also impact businesses, agricultural and tourism
related activities that have great relevancy to poverty eradication in the country.

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f. The Poverty Reduction Strategy Paper (PRSP) of 2000


The Poverty Reduction Strategy Paper (PRSP) for Kenya has the broad objective of reducing
poverty and promoting economic growth. This policy articulates Kenya’s commitment and
approach to tackling endemic poverty through involvement of the poor communities in both
rural and urban areas in various socio-economic development activities. The proposed project,
during and after implementation will offer various employment opportunities to Kenyans and
will therefore contribute directly towards the realization of the broad national goal of reducing
poverty in the country. In addition, the project would stimulate economic development by
creating an enabling environment for other key sectors of the economy to thrive.

g. The National Biodiversity Strategy of 2000


The National Biodiversity Strategy and Action Plan (NBSAP) was formulated to enable Kenya
address national and international commitments defined in Article 6 of the Convention on
Biological Diversity (CBD). The strategy is a national framework of action for ensuring that
the present rate of biodiversity loss is reversed, and present levels of biological resources are
maintained at sustainable levels for posterity. The general objectives of the strategy are to
conserve Kenya’s biodiversity; to sustainably use its components; to fairly and equitably share
the benefits arising from the utilization of biological resources among the stakeholders; and to
enhance technical and scientific cooperation nationally and internationally, including the
exchange of information in support of biological conservation. The proposed road project will
need to comply with the requirements of this strategy since the project may lead to loss of
biodiversity in some sections along the proposed route e.g. The Aberdares Forest Complex

h. Sessional Paper No. 3 of 2009 on National Land Policy


The Land Policy in Kenya is guided by the environmental management principles which are
aimed at restoring the environmental integrity through introduction of incentives and
encouragement of use of technology and scientific methods for soil conservation, among
others. The policy further requires fragile ecosystems to be managed and protected by
developing a comprehensive land use policy bearing in mind the needs of the surrounding
communities. The policy also requires zoning of catchment areas to protect them from
degradation and establishment of participatory mechanisms for sustainable management of
fragile ecosystems. The policy also called for development of procedures for co-management
and rehabilitation of forest resources while recognizing traditional management systems and
sharing of benefits with contiguous communities and individuals. Lastly, all national parks,
game reserves, islands, front row beaches and all areas hosting fragile biodiversity are declared
as fragile ecosystems under the policy.
The policy recognizes that sustainable management of land based natural resources depends
largely on the governance system that defines the relationships between people, and between
people and resources. To achieve an integrated approach to management of land-based natural
resources, all policies, regulations and laws dealing with these resources need to be harmonized
with the framework established by the Environmental Management and Coordination Act
(EMCA Cap 387).

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The policy also addresses land management particularly in Section 3.4.3.2 on ecosystem
protection (including wetlands). Measures for protection are required for fragile ecosystems.
The policy also calls for the protection of watersheds, lakes, drainage basins and wetlands. The
policy prohibits settlement and agricultural activities in water catchment areas and calls for
identification, delineation and gazettement of all water courses and wetlands.

i. Forestry Policy of 2014


This policy of the government is intended to ensure forests in the country are protected from
wanton destruction. The goal of the policy is to increase the area under forest to 10% of the
total land area in the country. The proposed road project will therefore be required to be
consistent with the Kenya’s forest policy. Where clearance of forests or sections of forests is
envisaged, it would be important to put in place appropriate mitigation measures such as those
specified in the preliminary environmental management plan of this ESIA report.

j. Wildlife Policy of 2011


The wildlife policy is aimed at promoting protection and conservation of wildlife in Kenya,
both in protected and non-protected areas. The policy is implemented by the Kenya Wildlife
Service (KWS). The proposed road project will need to be consistent with this policy. Where
wild animals will be disturbed during the construction and operation of the road, appropriate
mitigation measures must be implemented to minimize disturbance to wildlife.

k. Wetlands Policy of 2013


The wetlands policy is intended to promote protection of wetlands in Kenya. The policy sets
out strategic measures for the protection of existing wetlands in Kenya. The proposed road has
potential of impacting some local wetlands. It would be important to undertake appropriate
mitigation measures to minimize or avoid degradation of wetlands.

l. Physical Planning Policy


The current policy governs the development and approval all building plans as provided for in
the Physical Planning Act (Cap 286). The proposed project will be subjected to the provisions
of this policy and legislation.

m. Public Health Policy of 2014


The public health policy calls upon the project proponents to ensure that buildings are
adequately provided with utilities so that they are fit for human habitation. The workers camps
must be provided with all amenities/utilities that are essential for safeguarding public health
for all people using the facilities.

n. Occupational Health and Safety Policy of 2012


This policy is intended to protect safety and health of workers in work places. The proposed
road project will provide employment opportunities to many workers at various categories. The
contractor will be expected to comply with the requirements of this policy when engaging
workers in various construction activities. The preliminary environmental management

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provides mitigation measures that can be undertaken to ensure compliance with the
requirements of this policy.

o. HIV/AIDS Policy of 2009


The policy identifies HIV/AIDS as a global crisis that constitutes one of the most formidable
challenges to development and social progress. The Pandemic heavily affects the Kenyan
economy through loss of skilled and experienced manpower due to deaths, loss of man hours
due to prolonged illnesses, absenteeism, reduced performance, increased stress, stigma,
discrimination and loss of institutional memories, among others. Due to the large of number of
workers who will be involved in the project and the associated social issues with projects of
such as scale, HIV/AIDS has been considered as one of the proposed impacts, but adequate
mitigation measures have also been proposed to that effect.

p. Kenya National Policy on Gender and Development (NPGD), 2000


The purpose of the Gender Policy is to institutionalize The Kenya National Policy on Gender
and Development (NPGD), within Gender, Children and Social Development. It articulates the
policy approach of gender mainstreaming and empowerment of women at the ministry level.
The policy seeks a society where women, men, children and persons with disabilities enjoy
equal rights, opportunities and a high quality of life. This report has in depth addressed matters
to do with gender and development and in the concession period the entire project period the
project shall be governed under this principle.

q. The Kenya National Climate Change Response Strategy of 2010


This strategy provides measures that the Government of Kenya is taking to address issues
related to the impact of climate change on various sectors of the economy. The proposed road
will need to take onboard the effects of changing climate in the country and apply applied
climate change mitigation measures. This is important because climate change will in future
affect the operation of the road.

r. KeNHA’s Environment and Social Safeguards Policy, 2018


The revised policy is set within KeNHA Vision of quality, safe and adequate National Trunk
Roads network. It contains the actions KeNHA will take so as to ensure that the Authority
activities don’t negatively harm the environment and adversely affect the social fabric in
communities where it works. Working in an environmentally and socially responsible and safe
manner are conditions of employment of contractors for various projects. This policy is
therefore targeting the contractors and other service providers.

3.2.3 Environmental Guidelines


In line with the Kenyan Constitution, NEMA has developed a number of guidelines which are
part of a series of environmental management tools for environmental management in Kenya
under the Environmental Management and Coordination Act, CAP 387 of the Laws of Kenya.
Below is a highlight of the key project relevant guidelines;

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a. National Solid Waste Management Strategy, NEMA, 2014.


NEMA developed the National Solid Waste Management Strategy in 2014 as a framework for
implementing the Vision 2030 flagship project. The Strategy establishes a common platform
for action between stakeholders to systematically improve waste management. It introduces a
new approach for improved waste management in Kenya to create wealth, employment and
reduce pollution of the environment.
The proposed road project is anticipated to produce waste; the proponent will be required to
manage waste as guided by this strategy but in line with Waste Management regulations of
2006 and other relevant legislative frameworks. In general, the project proponent should ensure
waste management activities are 7R oriented, by Reducing; Rethinking; Refusing; Recycling;
Reusing; Repairing and Refilling waste.

b. Technical guidelines on the management of used oil and oil sludge in Kenya
(NEMA, 2014)
The main objective of the guidelines is to ensure effective and efficient collection and
transportation systems for used oil. These guidelines target government agencies (responsible
for decision making, formulating policies and enforcing health and safety aspects of used oil
and oil sludge management in the country), small generators, bulk generators of used oil and
oil sludge, garages, used oil treatment plants, recycling and disposal facilities, and other
interested stakeholders. The Proponent is envisioned to use heavy machinery which will require
servicing hence producing used oil. These guidelines provide direction on safe management of
used oil and oil sludge in Kenya and are a main regulatory reference material for management
of used oil in Kenya and hence will be used as a key reference point to create awareness on
hazards associated with handling used oil and to provide guidance on infrastructure for
management of used oil.

c. National sand harvesting guidelines, 2007


These Guidelines apply to all sand harvesting activities in Kenya. This is deemed key to ensure
sustainable utilization of the sand resource and proper management of the environment. Since
the road project will require use of sand, it is expected that the contractor’s sand harvesting
activities will be conducted in line with respective legal requirements and guided by these sand
harvesting guidelines.

3.3 National environmental legal framework


The Republic of Kenya has numerous statutes that guide environmental management and
conservation in the country. Most of these statutes are sector specific and cover a wide range
of issues including public health, soil conservation, protected areas conservation, endangered
species, public participation, water rights, water quality, air quality, excessive noise control,
vibration control, land use, among others. The relevant legislations are described in the
following sections.

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3.3.1 Environmental Management and Coordination Act (EMCA, Cap 387)


The Section Part VI of EMCA, Cap 387 Part II states that every person is entitled to a clean
and healthy environment and has the duty to safeguard the same. To achieve this goal, the
projects listed under the Schedule No. 2 of EMCA must be subjected to Environmental Impact
Assessment (EIA). The aim of EIA is to reduce negative environmental outcomes of the listed
projects by implementing mitigation measures. The proposed project falls within the Second
schedule and must therefore comply with EMCA requirements in as far as EIA is required.
There are also several regulations that have been formulated within the framework of EMCA,
Cap 387 that are applicable to the proposed project.
Under EMCA, Cap 387 NEMA has gazetted legal tools that govern conduct of EIAs and
general environmental protection. The Proposed Road project has been screened against these
tools with results outlined in the table 4.1 below. Detailed analysis of the trigger mechanism
and modalities for mitigation are provided in Chapter 7 of this report.

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Table 3: Analysis of Key EMCA, 1999 Relevant Regulations

Legal Tool Status Trigger mechanism/ Relevance to the project

Environmental Management and Co-ordination Triggered ESIA Study must conform to these rules. The proposed project must
(Environmental Impact Assessment and Audit) comply with the requirements of the regulations that also include
Regulations, 2003 conducting continuous monitoring and annual audits on the proposed
project.

Environmental Management and Co-ordination (Waste Triggered Construction of the project will generate solid waste hence proper
Management Regulations, 2006) disposal of wastes will need to be observed by the contractor in key areas
such as workers camps and the road works.

Environmental Management and Co-ordination (Water Triggered Water for construction will be drawn from Rivers and boreholes and
Quality) Regulations, 2006 there will also be work over rivers when constructing bridges and box
culverts

Environmental Management and Co-ordination (Fossil Fuel Triggered There will be use of vehicles, machinery and equipment that depend on
Emission Control) Regulations, 2006 fossil fuel as their source of energy hence contractor must comply with
emission levels as highlighted by the regulations.

Environmental Management and Co-ordination Triggered The proposed road traverses’ areas with diverse ecosystems which will
(Conservation of Biological Diversity and Resources, need to be protected as per the requirements of this regulation.
Access to Genetic Resources and Benefit Sharing)
Regulations, 2006

Environmental Management and Coordination (Air Triggered Construction activities, construction crew and facilities such as asphalt
Quality) Regulations 2014 and concrete batching plants and quarries are likely to cause air
pollution. The Proponent shall implement the mitigation measures
proposed to comply with the provisions of these Regulations.

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Environmental Management and Co-ordination (Controlled Triggered The project contractors will need to ensure that the requirements of this
Substances) Regulations, 2007 regulation are observed to ensure that equipment, machinery, vehicles
and chemicals containing controlled substances are not imported into
the country for use in the proposed project

Environmental Management and Co-ordination (Wetlands, Triggered The road crosses the wetlands, and river banks which are valuable water
River Banks, Lake Shores and Sea Shore Management) resources along the route. The contractor will need to employ measures
Regulations, 2009 for the preservation and conservation of these wetlands and river
systems.

Environmental Management and Co-ordination (Noise and Triggered The project will involve use of heavy earthmoving equipment and trucks
Excessive Vibration Pollution Control) Regulations, 2009 which can generate excessive noise and vibrations. The contactor of the
road will have to ensure that no excessive noise and vibrations are made
during the construction of the road.

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Specifications of these guidelines will be captured in the Contracts for Construction to ensure
that contractors are legally bound to undertake mitigation alongside general construction work.
The EMCA, Cap 387 regulations likely to be triggered and their relevance in the proposed
construction of the road are further reviewed below.

a. Environmental Management and Co-ordination (Environmental Impact


Assessment and Audit) Regulations, 2003
The Environmental (Impact Assessment and Audit) Regulations provides guidelines for
conducting EIA studies. The regulations provide details on the parameters to be evaluated when
undertaking an EIA study. It also provides guidelines on the conduct of environmental audits
and development of project monitoring plans. The proposed project must comply with the
requirements of the regulations that also include conducting continuous monitoring and annual
audits on the proposed project. The project requires an EIA license from NEMA before
commencement of any activity.

b. Environmental Management and Co-ordination (Water Quality) Regulations,


2006
The EMCA (Water Quality) Regulations, 2006 provide guidelines on the use and management
of water sources to safeguard quality of water for domestic use and irrigation, among others.
The proposed project will need to comply with the requirements of this regulation to ensure
water sources along the route are protected from pollution and over abstraction. The project
will also need to comply with the regulations that prohibit undertaking of development within
a minimum of 6m from the highest ever recorded flood level of a river system. Section 4(2), 6
and Section 24 of the regulation prohibits pollution of water bodies and requires that all
substances discharged into the water bodies should meet the standards set under the Third
Schedule of the regulation.
Everyone is required to refrain from any actions, which directly or indirectly cause water
pollution, whether the water resource was polluted before the enactment of the Environmental
Management and Coordination Act (EMCA Cap 387). It is an offence to contravene the
provisions of these regulations with a fine not exceeding five hundred thousand shillings. In
response to the above, the project design team should be advised on the requirements of this
regulation and appropriately incorporate the regulations in the project design document.

c. Environmental Management and Co-ordination (Fossil Fuel Emission Control)


Regulations, 2006
The EMCA (Fossil Fuel Emission Control) Regulations, 2006 aims at eliminating or reducing
emissions emitted from internal combustion engines to acceptable levels. The regulation
provides guidelines on use of clean fuels, use of catalysts and inspection procedures for engines
and generators. This regulation is applicable to the proposed project since there would be use
of vehicles, machinery and equipment that depend on fossil fuel as their source of energy. The
requirements of the regulation must be implemented to eliminate or reduce air quality
degradation. Sections of the regulation citing the standards of recommended emission levels
will be given to the contractor and or pinned at strategic points in the contractor’s field offices.
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d. Environmental Management and Co-ordination (Conservation of Biological
Diversity and Resources, Access to Genetic Resources and Benefit Sharing)
Regulations, 2006
The EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources
and Benefit Sharing) Regulations, 2006 provides that no person shall engage in any activity
that may have an adverse impact on any ecosystem; may lead to the introduction of any exotic
species or to unsustainable use of natural resources, without an Environmental Impact
Assessment License issued by the Authority under the Act.
The regulation requires NEMA in consultation with the relevant lead agencies, to impose bans,
restrictions or similar measures on the access and use of any threatened species to ensure its
regeneration and maximum sustainable yield. The proposed road traverses’ areas with diverse
ecosystems which will need to be protected as per the requirements of this regulation.

e. Environmental Management and Co-ordination (Waste Management


Regulations, 2006)
The Waste Management Regulations are basically aimed at streamlining the handling,
transportation and disposal of various types of wastes. The broad goal of the regulations is to
protect human health and the environment. The regulations place emphasis on waste
minimization, cleaner production and segregation of waste at source. The regulations have also
classified various types of waste and recommended appropriate disposal methods for each
waste type. Under the regulations, NEMA is supposed to licenses transporters, incinerators,
landfills, composers, recyclers and transfer stations. Facilities to be licensed include local
authorities, transporters and handlers of various types of waste. The licensing employs a risk-
based approach by concentrating on facilities considered to pose a high risk to the environment.
The regulations also provide an opportunity for investment in various aspects of waste
management. During the construction of the proposed road, proper disposal of wastes will need
to be observed by the contractor at the workers camps and the road works. This will ensure
good hygiene and healthy working environment for workers. All waste collectors/ handlers will
be required to have relevant permits/ licenses from NEMA.

f. Environmental Management and Co-ordination (Controlled Substances)


Regulations, 2007
The EMCA (Controlled Substances) Regulation is aimed at controlling the production,
consumption and, exports and imports of controlled substances. Controlled substances are
grouped into three lists as indicated below:

• Group 1 list consists of halogenated flouro-chemicals with ozone depleting substances.


• Group 2 list consist of Hydrobromoflourocarbons with ozone depleting substances.
• Group 3 list consist of Bromochloromethane with ozone depleting substances.
Products containing controlled substances include air conditioners, air coolers, refrigerants,
portable fire extinguishers, heat pump equipment, dehumidifiers, insulation boards, panels and
pipe covers, pre-polymers, etc. The project contractors will need to ensure that the
requirements of this regulation are observed to ensure that equipment, machinery, vehicles and

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chemicals containing such components are not imported into the country for use in the
proposed project.

g. Environmental Management and Co-ordination (Wetlands, River Banks, Lake


Shores and Sea Shore Management) Regulations, 2009
The Environmental Management and Co-ordination (Wetlands, River Banks, Lake Shores and
Sea Shore Management) Regulations, 2009 applies to all wetlands in Kenya whether occurring
in private or public land. The objectives of the regulations are to provide for the conservation
and sustainable use of wetlands and their resources in Kenya and promote the integration of
sustainable use of resources in wetlands into the local and national management of natural
resources for socio-economic development. The act also aims at ensuring the conservation of
water catchments and the control of floods and the sustainable use of wetlands for ecological
and aesthetic purposes for the common good of all citizens. The act also makes provision for
the protection of wetlands as habitats for species of fauna and flora. It also provides a
framework for public participation in the management of wetlands.
The Act requires wetland resources to be utilized in a sustainable manner compatible with the
continued presence of wetlands and their hydrological, ecological, social and economic
functions and services. The Act requires special measures to be undertaken to preserve and
maintain knowledge innovations and practices of indigenous and local communities
embodying traditional lifestyles relevant for the conservation and sustainable use of biological
diversity in wetlands.
The regulation also calls for sustainable use of wetlands through integration into the national
and local land use plans to ensure sustainable use of wetlands in the country. The proposed
roads pass through numerous rivers which are valuable water resources along the route. The
contractors will need to employ measures for the preservation and conservation of these
wetlands and river systems.

h. Environmental Management and Co-ordination (Noise and Excessive Vibration


Pollution Control) Regulations, 2009
The Noise and Excessive Vibration Pollution Control Regulations, 2009 prohibits excessive
noise and vibration. It states that no person shall make or cause to be made any loud,
unreasonable, unnecessary or unusual noise which annoys disturbs, injures or endangers the
comfort, repose, health or safety of others and the environment. The contactor of the road will
have to ensure that no excessive noise and vibrations are made during the construction of the
road. This is important since the construction of the new road will involve use of heavy
earthmoving equipment and trucks which can generate excessive noise and vibrations. Motor
vehicles used during the construction of the proposed road should also adhere to the regulations
which prohibit excessive noise. The provision of the act on motor vehicle states that no person
shall operate a motor vehicle which produces any loud and unusual sound exceeding 84 dB(A)
when accelerating. The Act also states that no person shall at any time sound the horn or other
warning device of a vehicle except when necessary to prevent an accident or an incident. Any
person carrying out construction, demolition, mining or quarrying work should ensure that the
vibration levels do not exceed 0.5 centimeters per second beyond any source property boundary
or 30metres from any moving source. Noise permits may be required in blasting areas.
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i. Environmental Management and Coordination (Air Quality) Regulations, 2014
The objective of this regulation is to provide for prevention, control and abatement of air
pollution to ensure clean and healthy ambient air. It provides for the establishment of emission
standards for various sources, including as mobile sources (e.g. motor vehicles) as outlined in
the Environmental Management and Coordination Act, Cap 387. It also covers any other air
pollution source as may be determined by the Minister in consultation with the Authority.
Emission limits for various areas and facilities have been set. In specific, first schedule of the
regulations sets the emission limits of particulate matter for persons operating construction
equipment or handling construction material. The regulations provide the procedure for
designating controlled areas, and the objectives of air quality management plans for these areas.
The Proponent for the road project shall observe policy and regulatory requirements and
implement the mitigation measures proposed in this document to comply with the provisions
of these Regulations on abatement of air pollution.

3.3.2 The Wildlife Management and Conservation Act 2013


The Wildlife and Conservation Act deals with the conservation and management of wildlife in
Kenya. The Act provides that wildlife should be conserved to yield optimum returns in terms
of cultural, aesthetic, scientific and economic benefits. The Act requires that full account be
taken of the inter-relationship between wildlife conservation and land use. The Act controls
activities within the national parks, which may lead to the disturbance of wild animals.
Unauthorized entry, residence, burning, damage to objects of scientific interest, introduction
of plants and animals and damage to structure are prohibited under this law.
The proposed road traverses’ next to an important wildlife area the Aberdares forest ranges.
The road construction will need to make provisions for the free passage of wildlife. Passage
provisions will need to be integrated into the design of the road. The contractor will also need
to provide free wildlife passages such as culverts so that the road project does not affect wildlife
negatively. KWS shall be consulted on the best road signage and infrastructure that may be
required.

3.3.2 Forest Conservation and Management Act, 2016


The Forest Conservation and Management Act, 2016 gives effect to Article 69 of the Kenyan
2010 Constitution about forest resources; to provide for the development and sustainable
management, including conservation and rational utilization of all forest resources for the
socio-economic development of the country and for connected purposes. The Act applies to all
forests on public, community and private lands. The principles of the Act lay emphasis on (a)
good governance in accordance with Article 10 of the Constitution; (b) public participation and
community involvement in the management of forests; (c) consultation and co-operation
between the national and county governments; (d) the values and principles of public service
in accordance with Article 232 of the Constitution; (e) protection of indigenous knowledge and
intellectual property rights of forests resources; and (f) international best practices in
management and conservation of forests. 5. Public Forest Policy (1) The Cabinet Secretary
shall, in consultation with the county government. Further, the act forms the baseline to develop
a national forest policy and formulate a public forest strategy for the sustainable use of forests

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and forest resources. In addition, the Act, establishes the Kenya Forest Service to conserve,
protect and manage all public forests in accordance with the provisions of this Act.
The road project traverses’ patches of urban and farm forestry, it is therefore important to
ensure community participation as provided for under the Act. The most appropriate would be
initiation of participatory forest management in these forest sections so that the local
community can have a significant input with Kenya Forest Service (KFS) office playing a
coordination role. No trees along the route will be cut before necessary permits are obtained
from KFS or county governments.

3.3.3 The Water Act 2016


The Water Act No. 43 of 2016 was assented to on 20th September 2016. The new Act repealed
the water Act 2002. The enactment of this law aimed at aligning national water management
and water services provision with the requirements of the Constitution of Kenya 2010
particularly on the clauses devolving water and sanitation services to the county governments.
Consequently, the new law retained some and established other new institutional arrangements
including, Ministry of Water and Irrigation as the sector coordinator, Water Services
Regulatory Board (WASREB) for regulation of water services’ providers, Water Resources
Regulatory Authority (WRA formerly WRMA) for water resource use regulation, National
Water Harvesting and Storage Authority for major water infrastructural development, Water
Tribunal for dispute resolution, Water Sector Trust Fund for water services development
towards the un-served and poor segments of the society in peri-urban and rural areas, Water
Works Development Agencies to replace the Water Service Boards, and Basin Water
Resources Committees to replace Catchment Advisory Committees (CAACs)
The Act vests provision of water and sanitation services with the county governments through
Water Services Providers (WSPs) whose operations must be in accordance with a Service
Agreement entered between each WSP and WASREB.
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.
In line with earlier Acts, Section 36 provides that a permit is required for regulation of water
rights and works. A permit is therefore required for any of the following purposes;
(a) Any use of water from a water resource, except as provided by section 37;

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(b) The drainage of any swamp or other land;
(c) The discharge of a pollutant into any water resource; and
(d) Any other purpose, to be carried out in or in relation to a water resource,
It is however notable that there are instances when a permit is not required. These include the
same as before: (a). abstraction or use of water, without the employment of works; from any
water resource for domestic purposes by any person having lawful access to the water resource;
(b). abstraction of water in a spring which is situated wholly within the boundaries of the land
owned by any one landholder and does not naturally discharge into a watercourse; abutting on
or extending beyond the boundaries of that land; or (c). storage of water in, or the abstraction
of water from a reservoir constructed for the purpose of such storage and which does not
constitute a watercourse for the purposes of the Act.
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. All project boreholes and direct extraction from the rivers will
require permits from WARMA.

3.3.4 The Agriculture, Fisheries and Food Authority Act of 2013


Agriculture, Fisheries and Food Authority Act, 2013 (No. 13 of 2013) provides for the
establishment of the Agriculture, Fisheries and Food Authority, the administration of matters
of agriculture and the preservation, utilization and development of agricultural land and related
matters. "Agriculture" in this Act means cultivation of land and the use of land and water for
any purpose of husbandry, aquaculture and food production and includes cultivation of crops
and horticultural practice, breeding of aquatic animals and plants, the use of land, fish
harvesting and (e) the use of land for agroforestry.
The Act requires the Authority in consultation with the county governments to among others
promote best practices. The Cabinet Secretary is required under the Act with the advice of the
Authority, and in consultation with the National Land Commission, to provide general
guidelines applicable in respect of any category of agricultural land. These land development
guidelines are to be implemented by the county governments. In a like manner, the Cabinet

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Secretary is given powers to make general rules for the preservation, utilization and
development of agricultural land and aquatic resources and prescribe national guidelines for
soil conservation. Each county government is required to keep a register of land development
orders and land preservation orders, which they may issue under this Act. The Act also provides
for participation by farmers. This law is important because the project cuts through livestock
keeping/ pastoral areas.

3.3.5 Energy Act, 2006


This is an Act of Parliament to amend and consolidate the law relating to energy, to provide
for the establishment, powers and functions of the Energy Regulatory Commission and the
Rural Electrification Authority, and for connected purposes. The provisions of this Act apply
to every person or body of persons importing, exporting, generating, transmitting, distributing,
supplying or using electrical energy; importing, exporting, transporting, refining, storing and
selling petroleum or petroleum products; producing, transporting, distributing and supplying
of any other form of energy, and to all works or apparatus for any of these purposes. This Act
is relevant to the proposed road project due to the need to relocate some of the petrol stations
situated along the route.
The Act establishes a Commission known as the Energy Regulatory Commission, that among
other roles, is expected to regulate (i) importation, exportation, generation, transmission,
distribution, supply and use of electrical energy, (ii) importation, exportation, transportation,
refining, storage and sale of petroleum and petroleum products; (iii) production, distribution,
supply and use of renewable and other forms of energy.

3.3.6 Land Act, 2012.


The Land Act was enacted by Parliament to give effect to Article 68 of the Constitution, to
revise, consolidate and rationalize land laws; to provide for the sustainable administration and
management of land and land-based resources, and for connected purposes. The Act applies to
all land declared as (a) public land under Article 62 of the Constitution; (b) private land under
Article 64 of the Constitution; and (c) community land under Article 63 of the Constitution and
any other written law relating to community land.
The Land Act guarantees security of tenure for land under (a) freehold; (b) leasehold; (c) such
forms of partial interest as may be defined under the Act and other law, including but not
limited to easements; and (d) customary land rights, where consistent with the Constitution and
guarantees equal recognition and enforcement of land rights arising under all tenure systems
and non-discrimination in ownership of, and access to land under all tenure systems.
Under the Lands Act 2012, The Wayleaves Act, Cap 292 and The Land Acquisition Act, Cap.
295 have been revoked but Sections 8 and 9 allow for Compulsory Acquisition as an option in
acquiring land for public utility.

3.3.7 The Land Registration Act, 2012


This is an Act of Parliament that revises, consolidates and rationalizes the registration of titles
to land, to give effect to the principles and objects of devolved government in land registration,
and for connected purposes. The Act requires that there is proper marking and maintenance of
boundaries. An interested person who has made an application to the Registrar for his/her
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boundaries to be ascertained, the Registrar shall give notice to the owners and occupiers of the
land adjoining the boundaries in question of the intention to ascertain and fix the boundaries.
With regard to the maintenance of boundaries, the Act requires every proprietor of land to
maintain in good order the fences, hedges, stones, pillars, beacons, walls and other features that
demarcate the boundaries, pursuant to the requirements of any written law.

3.3.8 The National Land Commission Act, 2012 (No. 5 of 2012)


The National Land Commission of Kenya is an independent government commission whose
establishment was provided for by the Constitution of Kenya to, amongst other duties, manage
public land on behalf of the national and county governments, initiate investigations into
present or historical land injustices, recommend appropriate redress, monitor and have
oversight responsibilities over land use planning throughout the country. It was officially
established under The National Land Commission Act, 2012. The mandate of the National
Land Commission is drawn from the National Land Policy of 2009, Constitution of Kenya
2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act
of 2012. Under the National Land Commission Act, the Commission shall among other duties
monitor the registration of all rights and interests in land and ensure that public land and land
under the management of designated state agencies are sustainably managed for their intended
purpose and for future generations. Also, the commission is required to manage and administer
all unregistered trust land and unregistered community land on behalf of the county government
and develop and encourage alternative dispute resolution mechanisms in land dispute handling
and management. The Commission is also required in consultation and cooperation with the
national and county governments, to establish county land management boards for the purposes
of managing public land.

3.3.9 Community Land Act 2016


The Community Land Act, No. 27 of 2016 (the Act) came into force on 21 September 2016.
The Act aims at: 1. Giving effect to Article 63 of the Constitution of Kenya, 2010 (the
Constitution) which provides for a classification of land known as community land. To this
end, the Constitution provides that community land shall vest in and be held by communities.
2. Providing for;

• The recognition, protection and registration of community land rights.


• The management and administration of community land.
• The role of county governments in relation to unregistered community land and related
matters.

The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of Kenya)
and the Trust Lands Act (Chapter 288 of the Laws of Kenya). This project shall uphold the
requirement of all the relevant land legislations, involving key administrative stakeholders and
the affected parties (i.e. the community) facilitating in coexistence with the surrounding
community. Most of the land within the project route is community land. Community
consultations and consent will be critical during project construction period.

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3.3.10 The Environment and Land Court Act, 2011
This is an Act of Parliament to give effect to Article 162(2) (b) of the Constitution to establish
a superior court to hear and determine disputes relating to the environment and the use and
occupation of land. The Environment and Land Court is one of the Courts contemplated by
article 162(2). It is a Superior Court and has the same status as the High Court. The court is
established under section 4 of the Environment and Land Court Act No. 19 of 2011. It has
jurisdiction to hear any other dispute relating to environment and land. The jurisdiction of the
court is provided under section 13 of the Act. The Court has original and appellate jurisdiction
to hear and determine all disputes in accordance with Article 162(2) (b) of the Constitution and
with the provisions of the Act or any other written law relating to environment and land. The
court has powers to deal with disputes relating to land administration and management. The
court is also empowered to hear cases relating to public, private and community land and
contracts or other instruments granting any enforceable interests in land. The court also
exercises appellate jurisdiction over the decisions of subordinate courts or local tribunals in
respect of matters falling within the jurisdiction of the Court. The court further exercises
supervisory jurisdiction over the subordinate courts, local tribunals, persons or authorities in
accordance with Article 165(6) of the Constitution.

3.3.11 The County Governments Act 2012


This is an Act of parliament to give effect to Chapter Eleven of the Kenyan Constitution; to
provide for County government’s powers, functions and responsibilities to deliver services and
for connected purposes. Section 113 of the Act makes public participation in County planning
processes compulsory.

3.3.12 Occupational Safety and Health Act 2007


The Occupational Safety and Health Act 2007applies to all workplaces where any person is at
work, whether temporarily or permanently. The purpose of the act is to secure the safety, health
and welfare of persons at work and protect persons other than persons at work against risks to
safety and health arising out of, or regarding, the activities of persons at work. Section 19 of
the Act provides that an occupier of any premises likely to emit poisonous, harmful, injurious
or offensive substances, into the atmosphere shall use the best practicable means to prevent
such emissions into the atmosphere and render harmless and inoffensive the substances which
may be emitted.
Section 16 provides that no person shall engage in any improper activity or behavior at the
workplace, which might create or constitute a hazard to that person or any other person. It is
thus recommended that all Sections of the Act related to this project, such as provision of
protective clothing, clean water, and insurance cover are observed to protect all from work
related to injuries or other health hazards. The project shall be registered as a work place for
regular inspections from DOSH inspectors. A healthy and safety committee shall be established
to undertake implementation of all the provisions of the law.

3.3.13 The Public Health Act (Chapter 242) of Revised Edition 2012
The Public Health Act (Chapter 242) is an Act of Parliament that provides for securing and
maintaining good health of citizens. The Act contains directives that are focused on ensuring
protection of human health. There are provisions within the Act that deal with water, air and
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noise quality as they pertain to human health. An environmental nuisance includes the emission
from premises of waste waters, gases and smoke which could be regarded as injurious to health.
The owner and/or occupier of premises responsible for such nuisances are liable to prosecution
under the Act. The construction of the proposed road has potential pollution risks related to
water and air. The contractor will need to ensure that air and water pollution is controlled and
does not affect people living along the road and even workers residing in various construction
camps established all along the route

3.3.14 The Valuers Act (Cap 532), 1985


The revised edition 1985 of the Valuers Act Cap 532 makes provisions for the relevant charges
and conducts of Valuers in relation to valuation of assets. The Act also provides the relevant
regulations and guidelines in the undertaking of the valuation works. The Act requires that
adequate valuation is carried out to help meet the actual compensation measures and the market
rates and reduce any acts of malice in the exercise. A competent valuer will have to be deployed
to site to carry out the professional valuation of assets for compensation.

3.3.15 Physical Planning Act (Cap. 286)


This Physical Planning Act, Cap. 286 provides for the preparation and implementation of
physical development plans. Section 36 of the Act provides for environmental impact
assessments and states that ‘if in connection with a development application a local authority
is of the opinion that proposals for industrial location, dumping sites, sewerage treatment,
quarries or any other development activity will have injurious impact on the environment, the
applicant shall be required to submit together with the application an environmental impact
assessment report’. The proponent and contractors of the proposed road will need to comply
with the requirements of this Act

3.3.16 The Penal Code (Cap. 63)


The Penal Code (Cap. 63) chapter on “Offences against Health and Conveniences” strictly
prohibits the release of foul air into the environment, which affects the health of other persons.
Any person who voluntarily violates the atmosphere at any place, to make it noxious to health
of persons in general dwelling or carrying out business in the neighborhood or passing along
public ways is guilty of misdemeanor and shall be subjected to imprisonment not exceeding
two years with no option of fine. Under this code, any person who for trade or otherwise makes
loud noise or offensive awful smell in such places and circumstances as to annoy any
considerable number of persons in the exercise of their rights, commits an offence, and is liable
to be punished for a common nuisance, i.e. imprisonment not exceeding one year with no option
of fine. The contractor of the proposed road will therefore need to ensure that all emissions are
controlled during the construction phase of the project to avoid interference on health of the
local communities and the workers.

3.3.17 The Employment Act, 2007


The Employment Act, 2007 defines the fundamental rights of employees including the basic
conditions of employment of workers. It also regulates employment of children. The contractor
on site will have to employ casual labourers probably from the communities where the road
traverses during construction.

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The basic conditions of employees should be observed to avoid unnecessary conflicts during
the construction works. The Contractor shall pay the entire amount of the wages earned by or
payable to the workers. Payment of such wages should be done at the end of a working day at
or near the place of work. The Contractor shall also ensure that all statutory deductions are
submitted without delay to appropriate government agencies e.g. Kenya Revenue Authority,
NSSF, NHIF, among others.

3.3.18 Work Injury Compensation Benefit Act (WIBA) 2007


The Work Injury Compensation Benefit Act 2007 provides guideline for compensating
employees on work-related injuries and diseases contacted during employment. The Act also
requires provision of compulsory insurance for all employees. The Act defines an employee as
any worker on contract of service with employer. It will be important for the Contractor of the
proposed project to ensure that all workers contracted during the project implementation phase
are provided with appropriate insurance covers so that they can be compensated in case they
get injured while working.

3.3.19 Public Roads and Roads of Access Act Cap 399


The Public Roads and Roads of Access Act Cap.399 Act states that a public road is any road
which the public has a right to use immediately before the commencement of this Act, or all
proclaimed or reserved roads and thoroughfares being or existing on any land sold or leased or
otherwise held under the East Africa Land Regulations, 1897, the Crown Lands
Ordinance,1902, or the Government Lands Act at any time before the commencement of this
Act and all roads and thoroughfares hereafter reserved for public use. The construction of the
proposed road will need to take note of the provisions of this Act.

3.3.20 The Traffic Act Cap 403


The Traffic Act reserves the use of the road corridor for road facilities only. Any vegetation
grown to protect the road edges should not cause problems during maintenance. Encroachment
along the road corridor will have to be checked especially during the operational phase of the
project. The Act also spells out conditions for use of roads by motorists, among others. The
contractor’s vehicles shall comply with all the traffic rules in Kenya.

3.3.21 Building Code 2009


This by-law recognizes the county governments as the leading planning agencies. It compels
potential developers to submit development applications for the approval. The county
governments are hence empowered to approve or disapprove any plans if they do or don’t
comply with the law, respectively. Any developer who intends to erect a building must give
the respective local authority a notice of inspection before the erection of the structure. On
completion of the structure, a notice of completion shall be issued by the local authority to
facilitate final inspection and approval. No person therefore shall occupy a building whose
certificate of completion has not been issued by the county government.
Section 214 of the by law requires that any public building where the floor is more than 20 feet
above the ground level should be provided with firefighting equipment that may include one
or more of the following; hydrants, hose reels and fire appliances, external conations portable

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fire appliances, water storage tanks, dry risers, sprinkler, drencher and water spray spring
protector system.
Section 194 requires that where sewer exists, the occupants of the nearby premises shall apply
to the local authority for a permit to connect to the sewer and all the waste water must be
discharged to the sewers. Finally, section 196 provides that the county government may refuse
to admit to sewer any trade waste or any other effluent unless it has been treated in an approved
manner. In this regard, the county government may cause the occupier of the premise to
construct an approved manhole connected to the pipe conveying such effluent. In the
development of the project, the proponent will have to comply with the provisions of this Act
by complying to the Building code provisions.

3.3.22 The Kenya Roads Act, 2007


This is an Act of Parliament that provided for the establishment of Kenya Road Agencies i.e.
Kenya National Highway Authority (KeNHA), the Kenya Urban Roads Authority (KURA)
and the Kenya Rural Roads Authority (KeRRA), and provided powers and functions of the
authorities.
KeNHA is mandated to manage, develop, rehabilitate and maintain all national roads. Other
function vested to this authority relevant to the proposed project are: controlling national roads
and road reserves and access to roadside developments; implementing road policies in relation
to national roads; ensuring adherence to the rules and guidelines on axle load control prescribed
under the Traffic Act (Cap. 403) and under any regulations under this Act; ensuring that the
quality of road works is in accordance with such standards; in collaboration with the Ministry
responsible for Transport and the Police Department, overseeing the management of traffic and
road safety on national roads; collecting and collating all such data related to the use of national
roads as may be necessary for efficient forward planning under this Act; monitoring and
evaluating the use of national roads; planning the development and maintenance of national
roads and liaising and coordinating with other road authorities in planning and on operations
in respect of roads.

3.3.23 The Kenya Roads Board Act, 1999


The Act was assented in January 2000. Establishing a board to oversee the road network in
Kenya and thereby coordinate its development, rehabilitation and maintenance and to be the
principal adviser to the Government on all matters related to Road Development.
The Standard Specifications for Road and Bridge construction has guidelines on environmental
protection and mitigation. Standard Specification Clauses 116,117,125,135,137 specifically
address protection of the environment, with regard to water, health, safety and accidents, water
supply, maintenance of the engineers’ staff houses, offices, laboratories, and attendance upon
the engineer and his staff. The provisions of these standards and codes must not be contravened
during project implementation. These provisions are largely supportive of EMCA, Cap 387
and forms part of the legal basis for environmental mitigation, avoidance, prevention,
compensation, restoration and enhancement.

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3.3.24 HIV / AIDS Act, 2006
Section 3 of The Act indicated the purpose of the legislation including public awareness and
rights to people living with HIV/AIDS. Public awareness shall be achieved through education,
public campaigns even at workplaces. This Act’s provisions then give the guidelines unto
which the project shall follow in educating workers and staff and providing of incentives to
combat HIV/AIDs.

3.3.25 Urban Areas and Cities Act No 13 of 2011


This is an Act of Parliament to give effect to Article 184 of the Constitution, to provide for the
classification, governance and management of urban areas and cities and to provide for the
criteria of establishing urban areas. The Act also provide for the principle of governance and
participation of residents of towns and cities. Under the Act a town is an urban area with a
population of at least ten thousand residents. Also, under the Act the management of a city and
municipality is vested in the county governments. The County Governments may impose such
fees, levies and charges for delivery of services by the municipality or the city

3.3.26 The National Gender and Equality Act, 2011


National Gender Equality Commission is a constitutional Commission established by an Act
of Parliament in August 2011, as a successor commission to the Kenya National Human Rights
and Equality Commission pursuant to Article 59 of the Constitution. NGEC derives its mandate
from Articles 27, 43, and Chapter Fifteen of the Constitution; and section 8 of NGEC Act (Cap.
15) of 2011, with the objectives of promoting gender equality and freedom from discrimination.
Gender mainstreaming in road projects ensures that the concerns of women and men form an
integral dimension of the project design, implementation, operation and the monitoring and
evaluation ensures that women and men benefit equally, and that inequality is not perpetuated.

3.3.27 The Sexual Offences Act, 2006 and its amendment 2012
Observing a standard work ethic is recommended to ensure persons from both genders are not
subjected to sexual offences. Ample working environment should prevail in all work places in
the project, to be enhanced through implementation of a Sexual Misconduct Policy.

3.3.28 Matrimonial Property Act (No. 48 of 2013)


Matrimonial property is property owned or obtained by either or both married spouses before
or during their marriage. It is sometimes called 'matrimonial assets.' Matrimonial property
includes the matrimonial home; the home that the couple lived in during their marriage. It also
includes many other things, not just physical property like land or houses but also things like
the contents of the home, furniture and appliances, vehicles that a couple owns while married,
and sometimes other things as well. It may include work pensions that either spouse may have,
and certain debts that the parties have.
The law that deals with matrimonial property in Kenya is called the Matrimonial Property Act.
This act only applies to married couples, or couples who are in a Registered Domestic
Partnership. This act does not apply to common law couples.
When a married couple separates, either person can apply to the court to divide property,
pensions, or debts. These issues, though, are usually dealt with during a divorce. It is important
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to speak to a lawyer for advice before dividing property, pensions, or debts. Once a couple is
divorced, these issues are usually finished. You usually can't re-open them in the future if
you’ve made a mistake. Compensation during resettlement needs to follows the legal
provisions.

3.3.29 Persons with Disability Act, Chapter 133


This act protects the rights of people with disabilities ensuring they are not marginalized and
that they enjoy all the necessities of life without discrimination. The act guarantees that (1) No
person shall deny a person with a disability access to opportunities for suitable employment.
(2) A qualified employee with a disability shall be subject to the same terms and conditions of
employment and the same compensation, privileges, benefits, fringe benefits, incentives or
allowances as qualified able-bodied employees. (3) An employee with a disability shall be
entitled to exemption from tax on all income accruing from his employment.
A person with disability is entitled to exemptions which apply with respect to exemptions and
deductions as described in Schedule 42 subsection (2) of the act, among other provisions within
this act that should be complied with all parties involved.

3.3.30 Security Laws (Amendment) Act, 2014


This act entails a legal framework and jurisdiction on security matters. It is a constitutional
entitlement to live and feel secure from agents that may compromise ones’ life and safety.
Security measures are vital in this project following past terrorist experiences reported in the
area; the contractor shall embark on a community policing program to be executed by a
competent security firm. It is recommended that the government takes keen in providing
adequate support to enhance the security of persons involved in this project and the community
at large, which will translate to provision of critical intelligence that will trigger a review of
the existing security measures and tactics, among other advantages such as security expertise
and artillery.

3.4 National institutional / Administrative framework for the proposed project


There are various national institutions that are important in road project matters related to
environmental management in Kenya. These are described in the following sections.

3.4.1 The National Environment Management Authority


The National Environmental Management Authority (NEMA) exercises general supervision
and, co-ordination of all matters relating to the environment. NEMA is also the principal
instrument of the government in the implementation of all policies relating to the environment.
The Authority reviews EIA project and study reports for the proposed projects, visits the project
sites to verify information provided in the report and issues EIA licenses if it considers that all
the issues relevant to proposed projects have been identified and mitigation measures to
manage them have been proposed.

3.4.2 The County and Sub-County Environment Committees


The County and Sub-County Environmental Committees contribute to decentralization of
activities undertaken by NEMA. This has enabled local communities to have greater access to
environmental management information. It has also enabled the County and Sub-County
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Environment Committees to conduct quick site visits and review of reports of proposed
projects. Since the proposed project traverses through several Counties, the review of the report
will be done at a National level for issuance of EIA license. However, it is also recommended
that the EIA report should also be reviewed in each of the counties to create awareness and
obtain ownership at county level. In fact, it is a practice and legal requirement that the review
at County level be done before the ESIA Report is approved to NEMA.

3.4.3 Ministry of Transport, Infrastructure, Housing and Urban Development


(MoTIHUD)
MoTIHUD is charged with the responsibility of providing basic infrastructure facilities to the
public. These infrastructure facilities include development, rehabilitation and maintenance of
the road network in the country. The Ministry will provide funding mechanisms and general
guiding policies for this project.

3.4.4 The Kenya Roads Board


The Kenya Roads Board was established in 2000 through an Act of Parliament (The Kenya
Roads Board, 1999, No. 7) and mandated to do these functions, among others, to: co-ordinate
the implementation of all policies relating to the development, rehabilitation and maintenance
of the road network; co-ordinate the development, rehabilitation and maintenance of the road
network with a view to achieving efficiency, cost effectiveness and safety; administer the funds
derived from the fuel levy and any other funds that may accrue to it; monitor the operations or
activities undertaken by road agencies in the development, rehabilitation and maintenance of
roads and evaluate, by means of technical, financial and performance audits, the delivery of
works and many other.

3.4.5 Kenya National Highways Authority (KeNHA)


The Kenya National Highways Authority (KeNHA) is a State Corporation established under
the Kenya Roads Act, 2007 with the responsibility for management, development,
rehabilitation and maintenance of national roads of class A, B and C. The proposed road will
be managed by KeNHA since it’s classified as Class A.
KeNHA has an established Environmental and Social Management Department to facilitate
compliance of road projects with the requirements of environmental laws and regulations. This
office advises KeNHA projects on various compliance issues. The office also has established
linkages with NEMA. Projects contracts should be reviewed by this office directly or through
the environment supervisor. Regarding the implementation of the social and economic aspects
of the ESMP, it is proposed that the Resident Engineer works closely with the Environmental
and Social Manager of KeNHA to ensure compliance to national policies and guidelines.

3.4.6 Directorate of Occupational Safety and Health Services (DOSHS)


The Directorate of Occupational Safety and Health Services (DOSHS) is one of departments
within the Ministry of Labour and East African Community Affairs, whose primary objective
is to ensure safety, health and welfare of all workers in all workplaces. Unsafe and unhealthy
work environment causes accidents, diseases, disasters and environmental pollution that
occasion huge economic and social burdens to individuals and enterprises thereby stifling

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economic and social growth. DOSHS will provide OSH permits for workplaces of the project
including campsites and quarries.

3.4.7 Kenya Wildlife Service (KWS)


KWS is a state corporation that was established with the mandate to conserve and manage
wildlife in Kenya, and to enforce related laws and regulations. It undertakes conservation and
management of wildlife resources across all protected and unprotected areas systems in
collaboration with stakeholders. KWS will guide and monitor road construction through animal
migratory routes.

3.4.8 Water Resources Authority (WRA)

Water Resources Authority (WRA) is a state corporation established under Section 11 of the
Water Act, 2016. Pursuant to Section 6 of the Act, the Authority is an Agent of the National
Government responsible for regulating the management and use of water resources. The Water
Act, 2016 makes extensive provisions on the Authority’s role in regulating the use and
management of water resources. WRA was operationalized on 21st of April, 2017 vide Gazette
Notice No. 59. However, the Authority has been in existence for 12 years following its
establishment under the Water Act, 2002 as Water Resources Management Authority
(WRMA). WRA will provide the necessary borehole and water extraction permits from local
streams.

3.4.9 Kenya Forest Service (KFS)


KFS is a corporate body established under the Forest Conservation and Management Act of
2016. The Act which was operationalized on 31st March 2017, gave the Service's mandate as
"to provide for the development and sustainable management, including conservation and
rational utilization of all forest resources for the socioeconomic development of the country
and for connected purposes". The revegetation of areas cleared for the project and material sites
will be guided by regional KFS officers, especially in terms of the best tree species.

3.4.10 The National Museums of Kenya (NMK)


Is a state corporation established by an Act of Parliament, the National Museums and Heritage
Act, 2006 no. 6 of 2006. NMK is a multi-disciplinary institution whose role is to collect,
preserve, study, document and present Kenya’s past and present cultural and natural heritage.
This is for the purposes of enhancing knowledge, appreciation, respect and sustainable
utilization of these resources for the benefit of Kenya and the world, for now and posterity.
NMK will provide guidelines in case any discoveries or existing cultural and natural heritage
resources within the project area.

3.4.11 National Land Commission (NCL)


NLC manages public land on behalf of the national and county governments, initiates
investigations into present or historical land injustices and recommend appropriate redress, and
monitor and have oversight responsibilities over land use planning throughout the country. It
will undertake a key role in delivering land acquired through compulsory acquisition for the
project.

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3.5 International conventions and guidelines
There are number Multi-Lateral Environmental Agreements (MEAs) that are relevant to the
proposed project. These are described in the following section.

3.5.1 Vienna Convention on the Protection of the Ozone Layer


This was an Intergovernmental negotiation for an international agreement to phase out ozone
depleting substances concluded in March 1985 which saw the adoption of the Vienna
Convention for the Protection of the Ozone Layer. This Convention encourages
intergovernmental cooperation on research, systematic observation of the ozone layer,
monitoring of CFC production, and the exchange of information.

3.5.2 United Nations Convention on Biological Diversity (UNCBD)


The purpose of this convention is to ensure the conservation and sustainable use of biodiversity.
Kenya signed the convention on 5th June 1992 and ratified the same on 26th July 1992. The
National Environment Management Authority (NEMA) is the National Focal Point to this
Convention. The provisions of this Convention have been integrated in many laws of Kenya.

3.5.3 African Convention on the Conservation of Nature and Natural Resources


This convention reaffirms the importance of natural resources both renewable and non-
renewable, particularly the soil, water, flora and fauna. The main objective is to facilitate
sustainable use of the above resources. The convention was adopted in Algiers on 15th
September 1968 and came into force on 16th June 1969.

3.5.4 Convention on International Trade in Endangered Species


This Convention was adopted on 3rd March 1973 and came into force on 1st July 1975. The
purpose of the Convention is to regulate the international trade in wild plants and animals that
are at risk of extinction because of trade. The Convention seeks to control trade not only in live
species but also in dead specimen and their derivatives. The Kenya Government ratified CITES
on 13th December 1978. The lead agency for the CITES in Kenya is the Kenya Wildlife Service
(KWS).

3.5.5 The World Commission on Environment and Development (The Brundtland


Commission of 1987)
The Commission in its 1987 report dubbed “Our Common Future” focused on the
environmental aspects of development, the emphasis on sustainable development that produces
no lasting damage to the biosphere and to ecosystems. In addition to environmental
sustainability is economic and social sustainability. Economic sustainable development is
development for which progress towards environmental and social sustainability occurs within
available financial resources. While social sustainable development is development that
maintains the cohesion of a society and its ability to help its members work together to achieve
common goals, while at the same time meeting individual needs for health and well-being,
adequate nutrition, and shelter, cultural expression and political involvement. The key aspect
of sustainability is the interdependence of generations.

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3.5.6 The Ramsar Convention for the conservation and sustainable utilization of wetlands
The Ramsar Convention (formally known as the Convention on Wetlands of International
Importance, especially as Waterfowl Habitat) is an international treaty for the conservation and
sustainable utilization of wetlands, recognizing the fundamental ecological functions of
wetlands and their economic, cultural, scientific, and recreational value. Appropriate mitigation
measures will need to be implemented as detailed in the Environmental Management Plan.

3.5.7 United Nations Convention to Combat Desertification (UNCCD)


The above Convention was adopted on 17th June 1994 in Paris and came into force on 26th
December 1996.Kenya ratified the Convention in 24th June 1997. The purpose of the UNCCD
is to address the problem of the degradation of land by desertification and the impact of drought
particularly in arid and dry semi-humid areas. NEMA is the focal point for the Convention.

3.5.8 The 1992 United Nations Framework Convention on Climate Change (UNFCCC)
The primary purpose of the convention is to establish methods to minimize global warming
and the emission of the greenhouse gases. The UNFCCC was adopted on 9th May 1992 and
came into force on 21st March 1994. The Convention has been ratified by 189 states. Kenya
ratified the Convention on 30th August1994. NEMA is the focal point for the Convention.

3.5.9 The Paris Agreement


This agreement was adopted on 12th December 2015 at the 21st session of the Conference of
the Parties to the United Nations Framework Convention on Climate Change in Paris; it then
came into force on 4th November 2016 after meeting the ratification threshold. The Agreement
provides the framework to address climate change for a safer and sustainable future; it has an
objective of preventing a global temperature increase above 1.5 degrees Celsius relative to pre-
industrial levels by reduction of Greenhouse gas emissions. Kenya ratified the Paris Agreement
and welcomed it into force on 28th December 2016. As at now a total of 171 parties out of 197
have ratified the agreement.

3.5.10 Rio Declaration on Environment and Development


The Rio Declaration on Environment and Development, often shortened to Rio Declaration,
was a short document produced at the 1992 United Nations "Conference on Environment and
Development" (UNCED), informally known as the Earth Summit. The declaration aimed at
establishing a new and equitable global partnership through the creation of new levels of co-
operation among States, key sectors of societies and people, working towards international
agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system, recognizing the integral and interdependent nature
of the Earth, our home. The Rio Declaration consisted of 27 principles intended to guide
countries in future sustainable development. It was signed by over 170 countries.
Principle 17 of the Rio Declaration provides key relevance to the proposed project; the principle
denotes that environmental impact assessment as a national instrument shall be undertaken for
proposed activities that are likely to have a significant impact on the environment and are
subject to a decision of a competent national authority.

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3.5.11 Earth Summit on Sustainable Development Agenda 21
Agenda 21 is a non-binding, voluntarily implemented action plan of the United Nations
regarding sustainable development. It is a product of the Earth Summit (UN Conference on
Environment and Development) held in Rio de Janeiro, Brazil, in 1992. It is also regarded as
an action agenda for the UN, other multilateral organizations, and individual governments
around the world that can be executed at local, national, and global levels. The "21" in
Agenda 21 refers to the 21st Century. Agenda 21 Section I on Social and Economic
Dimensions is directed toward combating poverty, especially in developing countries,
changing consumption patterns, promoting health, achieving a more sustainable population,
and sustainable settlement in decision making.
Section II on Conservation and Management of Resources for Development Includes
atmospheric protection, combating deforestation, protecting fragile environments,
conservation of biological diversity (biodiversity), control of pollution and the management
of biotechnology, and radioactive wastes.
Section III focuses on strengthening the Role of Major Groups including the roles
of children and youth, women, NGOs, local authorities, business and industry, and workers;
and strengthening the role of indigenous peoples, their communities, and farmers. Kenya
continues to implement Agenda 21 to support sustainable development through the integration
of environmental concerns into the national development policies, plans, and programmes.
Also relevant is the implementation of Agenda 17. The proposed project would need to be
consistent with the objectives of Agenda 21.

3.5.12 Convention on the Rights of the Child


The Convention on the Rights of the Child (CRC), 1989 is the most comprehensive compilation
of international legal standards for the protection of the human rights of children. The CRC is
also the most widely ratified international human rights treaty, ratified by all countries in the
world, apart from two.
The Convention acknowledges children as individuals with rights and responsibilities
according to their age and development (rather than the property of their parents or as victims),
as well as members of a family and community. Underlying the Convention are four main
principles: non-discrimination, the best interests of the child, the right to life, survival and
development and the right to participation.

3.5.13 Convention on the Elimination of all forms of Discrimination against Women


The Convention on the Elimination of all forms of Discrimination against Women (CEDAW)
places explicit obligations on states to protect women and girls from sexual exploitation and
abuse. Universal Declaration of Human Rights (Article 7), the UN Charter (Articles 1, 13, 55,
and 76) and the International Covenant on Civil and Political Rights (Article 24) reaffirm the
freedoms and rights of all children, including internally displaced children.

3.5.14 International Labour Organization


The International Labour Organization (ILO) is built on the constitutional principle that
universal and lasting peace can be established only if it is based upon social justice. The ILO
has generated such hallmarks of industrial society as the eight-hour working day, maternity
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protection, child-labour laws, and a range of policies which promote workplace safety and
peaceful industrial relations.
The ILO has four principal strategic objectives:

• To promote and realize standards, and fundamental principles and rights at work.
• To create greater opportunities for women and men to secure decent employment.
• To enhance the coverage and effectiveness of social protection for all.
• To strengthen tri-parties and social dialogue.
The key ILO Conventions applicable to the proposed road project include:

• Equal Remuneration Convention (1951) (No. 100) - Calls for equal pay and benefits
for men and women for work of equal value.
• Discrimination (Employment and Occupation) Convention (1958) (No. 111) - Calls for
a national policy to eliminate discrimination in access to employment, training, and
working conditions, on grounds of race, colour, sex, religion, political opinion, national
extraction or social origin, and to promote equality of opportunity and treatment.
• Minimum Age Convention (1973) (No. 138) - Aims at the abolition of child labour,
stipulating that the minimum age for admission to employment shall not be less than
the age of completion of compulsory schooling.
• Worst Forms of Child Labour Convention (1999) (No. 182) - Calls for immediate and
effective measures to secure the prohibition and elimination of the worst forms of child
labour which include slavery and similar practices, forced recruitment for use in armed
conflict, use in prostitution and pornography, any illicit activity, as well as work which
is likely to harm the health, safety, and morals of children.

3.5.15 Sustainable Development Goals (SDGs)


The Sustainable Development Goals (SDGs) are a new, universal set of goals, targets and
indicators that UN member states will be expected to use to frame their agendas and political
policies over the next 15 years. The SDGs include 17 Sustainable Development Goals and 169
targets. The 17 sustainable development goals (SDGs) include
GOAL 1: No Poverty
GOAL 2: Zero Hunger
GOAL 3: Good Health and Well-being
GOAL 4: Quality Education
GOAL 5: Gender Equality
GOAL 6: Clean Water and Sanitation
GOAL 7: Affordable and Clean Energy
GOAL 8: Decent Work and Economic Growth
GOAL 9: Industry, Innovation and Infrastructure
GOAL 10: Reduced Inequality
GOAL 11: Sustainable Cities and Communities
GOAL 12: Responsible Consumption and Production
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GOAL 13: Climate Action
GOAL 14: Life Below Water
GOAL 15: Life on Land
GOAL 16: Peace and Justice Strong Institutions
GOAL 17: Partnerships to achieve the Goal
The GOALs seek to build on the Millennium Development Goals that expired in 2015. Most
notably SDGs are integrated, indivisible and balance the three dimensions of sustainable
development: the economic, social and environmental. This road project is expected to cut-
across the three dimensions of sustainable development hence making SDGs a key reference
point. The SDGs are also linked to several Kenyan legal frameworks such as Water Act,
Forestry Act, and EMCA Cap 387.

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CHAPTER 4.0: BASELINE ENVIRONMENTAL AND SOCIO-
ECONOMIC PARAMETERS

4.1 Introduction
This chapter examines the baseline environmental, ecological, socio-economic and cultural
characteristics of the route through which the proposed Isinya-Konza-Malili road will pass.
Information concerning the existing environmental conditions and the respective areas that are
under the project’s area of influence is detailed herein. The objective is to document the status
quo for establishing and assessing the impacts of the project in future. The road traverses
through three counties namely; Kajiado, Makueni and Machakos. The area is moderately
settled, characterized by a rolling terrain and land with very high potential for livestock and
horticulture farming.

4.1.1 Administrative Setting


The road project is located in three counties which are Kajiado, Machakos and Makueni.
Kajiado County is within the Nairobi Metropolis. It consists of five sub-counties namely
Kajiado central, Kajiado south, Kajiado east, Kajiado west, Kajiado north. It also consists of
twenty-five (25) wards. Machakos County is divided into eight sub-counties namely; Mavoko,
Kathiani, Machakos, Matungulu, Yatta, Masinga, Mwala, and Kangundo. They are further
divided into forty (40) wards. Makueni is the third county in this project having the following
sub-counties namely; Makueni, Mbooni, Kibwezi East, Kibwezi West, Kaiti and Kilome.
These are further divided into thirty (30) wards and sixty sub wards (60).

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Figure 2: Map showing the three counties traversed by the road project

The project road commences at Isinya Town at the junction of Athi River-Namanga Road (A2)
and B50 Roads and ends at Malili Town at the junction with Mombasa-Nairobi Road (A8).
The project road is approximately 50Km long, mainly located in Kajiado County (38Km) and
short sections in Machakos and Makueni Counties.
4.2 Project Biophysical Description
4.2.1 Topography
a. Kajiado County
Kajiado County is characterized by plains, valleys and occasional volcanic hills. The lowest
altitude is about 500 meters above sea level at Lake Magadi while the highest is 2500 metres
above sea level in Ngong Hills. The landscape within the county is divided into Rift Valley,

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Athi Kapiti plains and Central Broken Ground. The Rift Valley is an elongated depression on
the western side of the county running from North to South. It is characterized by steep walls
forming plateaus, scarps and structural plains which forms features such as Mount Suswa and
Lake Magadi. The altitude ranges between 600 and 1740metres above sea level. The Central
Broken Ground is an area stretching 20-70 kilometres wide from the North Eastern boarder
across the county to the southwest where altitude ranges from 1220 to 2073 metres above sea
level.
b. Machakos County
The County has unique physical and topographical features. These include hills rising between
1800-2100m above sea level and Yatta plateau, which is elevated to about 1700m above sea
level and slopes to the South East. There are isolated hills in the North West. In the plains, the
soils are well-drained, shallow, dark and red clay soils. In addition, the vegetation across the
entire County varies according to the altitude. The plains receive less rainfall and are
characterized by open grassland with scattered trees like the areas around Konza where the
project traverses as compared to high altitude areas, which receive high rainfall and have dense
vegetation.
c. Makueni County
The county lies in the arid and semi-arid zones of the eastern region of the country. The major
physical features in Makueni County include the volcanic Chyulu hills which lie along the
southwest border of the county in Kibwezi West Constituency, Mbooni Hills in Mbooni
constituency and Kilungu Hills in Kaiti constituency which rise to 1,900m above sea level. The
county terrain is generally low-lying from 600m above sea level in Tsavo at the southern end
of the county.
4.2.2 Geology and Soils
a. Kajiado County
The County has three geological regions namely Quaternary volcanic, Pleistocene and
basement rock soils. Quaternary Volcanic soil is found in the Rift Valley. Basement System
Rocks which comprise various gneisses, cists, quartzite and crystalline limestone, are found
mainly along the river valleys and some parts of the plains. Pleistocene soils are found in the
inland drainage lake system around Lake Amboseli. Quarrying of building materials is also
done within the county.
b. Machakos County
The rocks in the area consist of intensely folded Basement Rock system of gneisses and schists
which include limestone, amphibolites and quartzite as well as the predominating biotite
granitoid gneisses. The rocks have been metamorphosed and grainsized to a considerable
degree. Overlying the Basement system rocks to the western part are the Kapiti Phonolites,
lava of Miocene age.
c. Makueni County
The general area is covered by thin sandy soil overlying rocks of the metamorphic system,
generally a combination of gneisses and schist’s. The area comprises of erosional resistant hills
composed of granitoid gneisses and which the rocks are also exposed at the valleys where
seasonal streams meanders exposing the fractured gneisses and schist. The geology of the

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project area consists of depositional sandy soils, gneisses and schist’s. However, the rocks are
locally weathered and fractured which makes it possible for the enhancement of the water
recharge mechanisms. The Precambrian rocks are predominantly found in the area. These rocks
are locally covered by a very thin layer of top sandy soil which supports a grass cover, shrubs,
scattered acacia trees and other vegetation. The rocks occur as folded and fractured gneisses
and schist’s with all forms of weathering and in some cases form very steep hills. When found
they are represented by layered fine grained schist’s and coarse-grained gneisses that have been
invaded by pink quartzo-felspathic pegmatites. Biotite, hornblende and quartz feldspar gneisses
are abundant in the area. The fractured and weathered zones of these rocks are normally
aquiferous. Sandy deposits have covered the wide depositional valley through which a seasonal
stream meanders draining south west.
4.2.3 Climate
a) Kajiado County has a bi-modal rainfall pattern. The short rains fall between October
and December while the long rains fall between March and May. There is a general
rainfall gradient that increases with altitude. The bimodal rainfall pattern is not uniform
across the County. The long rains (March to May) are more pronounced in the western
part of the county while the short (October to December) rains are heavier in the eastern
part. The rainfall amount ranges from as low as 300mm in the Amboseli basin to as
high as 1250mm in the Ngong hills and the slopes of Mt. Kilimanjaro. Temperatures
vary both with altitude and season. The annual rainfall trend for Kajiado East, North,
Central and West vary from the years 1970 to 2013 and indicates high level of inter-
annual variation. Rainfall is becoming highly variable and unpredictable especially in
recent decades and the year 2000 was recorded as the driest year. The highest
temperatures of about 34℃ are recorded around Lake Magadi while the lowest of
100℃ is experienced at Loitokitok on the eastern slopes of Mt. Kilimanjaro. The
coolest period is between July and August, while the hottest months are from November
to April.
b) Makueni County experiences two rainy seasons, the long rains occurring in March
/April while the short rains occur in November/December. The hilly parts of Mbooni
and Kilungu receive 800-1200mm of rainfall per year. High temperatures of 35.8 ℃
are experienced in the low-lying areas causing high evaporation which worsens the dry
conditions. Climate variations and extreme differences in temperatures can be
explained by change in altitude. The areas to the North such as Kilungu and Mbooni
hills are usually cool with temperatures ranging from 20.2℃ to 24.6℃, while the low-
lying areas of the Makueni South such as Kitise are usually hot. Generally, the county
experiences high temperatures during the day and low temperatures at night. During the
dry periods between May and October the lower parts of the county experience severe
heat. The Northern part of the county is hilly with medium rainfall ranging from 800mm
to 1200mm and has high potential for food crop production. This part of the County,
covering mainly in Kilungu and Kaiti has few natural and planted forests the area is
therefore suitable for horticulture and dairy farming. Over time, the county has
experienced climate change and variability which includes insufficient rain and
prolonged dry spells among others. Human activities such as farming on hill tops,
charcoal burning, and sand harvesting have contributed to this scenario. As a result,

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there has been crop failure affecting the food security and thus economic activities.
Water scarcity has also become worse due to this condition. Increase in population puts
a lot of pressure on land and other resources. To mitigate the effects of water scarcity,
the community has resulted into construction of sand dams which are capable of
retaining water. Soil erosion control measures are also being undertaken.
c) Machakos County receives bimodal rainfall with short rains in October and December
while the long rains from March to May. The rainfall range is between 500mm and
1250mm, which is unevenly distributed and unreliable. The altitude mainly influences
rainfall distribution in the county. The high areas such as Mua, Iveti and Kangundo
receive an average rainfall of 1000mm while the lowland areas receive about 500mm.
Temperatures vary between 18˚C and 29˚C throughout the year. The dry spells mainly
occur from January to March and August to October
4.2.4 Surface and Ground Water Resources
Kajiado County lies in the semi-arid and arid zones with mean annual precipitation being
approximately 400 mm/year. Largely, the county does not have a reliable source of water with
the main sources of water being seasonal rivers, shallow wells, springs, dams, water pans and
boreholes. Kajiado County is an Arid and Semi-Arid Land (ASAL) characterized by an acute
shortage of clean and safe water for drinking and other domestic uses. According to the County
Statistical Abstract 2015, only 67.2 percent of the total population have access to safe water.
The number of households (HH) with an access to piped and portable water is about 36.8
percent of the total population.
The main sources of water in the rural areas are water pans, dams and protected springs with
the most reliable source being boreholes. There are 1150 public boreholes which are commonly
managed by communities. However, the county is still water stressed. In order to ensure
availability and sustainable management of water, there is need to achieve universal equitable
access to safe and affordable drinking water. Plans are underway to expand water distribution
infrastructure by extending Nolturesh water pipeline by 100 Kms; Construction of 3 mega
dams; and Construction of 80 sand dams by the end of plan period and sinking of boreholes to
public schools.

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Plate 3: One of the shallow water pan at Km 13, Kajiado County

Machakos County is a water scarce County with its water situation levels below the national
natural endowment of 647m per capita per year. Its arid and semi-arid areas are critically
3

limited in water endowment. This serious water stress adversely affects food production and
often disrupts economic development. To address the water scarcity situation, more investment
in water storage infrastructure should be done to increase water storage per capita.
Water resources in the County are mainly seasonal rivers, dams and springs. Furthermore, the
County has two perennial rivers. One of them traverses the County namely Athi River and the
other namely Tana River forms the County boundary with Embu and Tharaka Nithi counties.
The dams include Maruba, which is the main source of the water consumed in Machakos town
whereas Masinga dam on Tana River is shared between Machakos and Embu counties. In
addition, several earth dams and springs across the County serve as water resources.
Underground water sources (boreholes and wells) supplement surface water sources. Most of
these water sources are under threat of pollution from agricultural chemicals, urban and
industrial wastes especially Athi River, which is under threat of pollution from the Nairobi city
and adjacent towns. The water resources are also under pressure for use in agricultural
irrigation, domestic, industrial and use for hydroelectric power generation. Makueni County
has two permanent rivers; Athi and Kibwezi. There are four protected springs and 117
boreholes. Households with piped water are 12671 while 27752 households have access to
potable water. There are 289 water pans and 159 surface dams.
The water demand in the county is 22,113m3/day and the developed sources have an average
production of 13,607m3/day. There are two major rivers; Athi which is permanent and Thwake
which is semi-permanent. Other big rivers include Kaiti, Muooni and Kikuu all of which are
seasonal. There are 278 earth dams with a storage capacity of 3,265,543M3 while the sand dams
are 118. There are four protected springs and 117 boreholes.
4.2.5 Solid Waste Management
There are seven public dumpsites managed by the County Government of Kajiado. The
dumpsites include Kajiado, Kitengela, Bissil, Ngong, Loitokitok, Mashuuru and Isinya
dumpsites. The County Government has availed 8 No. garbage collection trucks and loaders
which collect garbage at designated areas within the urban areas. There are 10. No litter bins
in Rongai, Ngong and Kiserian. There are several private investors mandated to collect garbage
from homesteads at a fee ending at the dumpsites. However, plans have been initiated to
relocate Ngong dumpsite with World Bank conducting feasibility studies. The County
introduced the taka ni mali initiative with the aim of promoting and sensitizing the community
to take charge of waste as they generate income.
In Machakos county: There are several bodies whose mandate is to regulate and control the
use and management of water resources, namely: Water Resources Authority (WRA) – this
body regulates, manages and protects water resources, National Environmental Management
Authority (NEMA) – this body formulates and implements policies on water resource use and
conservation, Water Services Regulatory Board (WASREB) – this body sets and regulates
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water tariffs for Water Service Providers (WSPs),Ministry of Water & Irrigation – both
National and County Government, Water Resource Users Associations (WRUAs) − It’s a
grassroots water resources management and conflict resolution body. The County Government
has improved sanitation through provision of super clean and free toilets in public places such
as bus parks and market centres across the County. This aims to make Machakos County an
open defecation free County. There are two sewer lines in Machakos and Athi River towns.
However, the former is partially connected to sewer lines- this includes parts of Kariobangi
and Mjini where more than 50% use pit latrines. Garbage disposal is done by the County
Government, private firms and individual households.
Makueni County has various issues with the sanitation and waste management. All the major
towns lack sewerage facilities and the sanitation condition is worsened by water shortage. The local
community has however embraced the use of toilets and currently about 80 per cent of the
households have access pit latrines.

4.2.6 Noise and Vibration


Noise and vibration will be a key feature in the construction activities of the proposed project
due to machinery and equipment’s that will be deployed. Heavy construction equipment
frequently creates loud noise level. Moving machines and incoming vehicles delivering
construction materials are the potential sources of noise. High noise level may distract
concentration, cause difficulties in speech communication and increase the risk of accidents.
Long term exposure to excessive noise may cause permanent hearing damage.
4.2.7 Flora and Fauna
Kajiado County- The County boasts of a wide range diverse fauna and flora. The animals
include Wildebeests, gazelles, zebras, warthogs, hyenas, giraffes, elephants, lions, leopards and
elands and diverse bird species. Areas designed for game reserves are; Amboseli National Park
which covers a total of 392Km2 and Chyulu conservation area which is 445Km2. These areas
fall within range lands.

Plate 4: Vegetation dominated by Acacia spp across the three counties

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Machakos County- The vegetation types in Machakos County are influenced by altitude,
rainfall, soils and rivers. The types include: forest types (hilltop), woodlands, bushland and
shrub land, and dwarf shrub grassland. The forest types occur on hilltops above 1500 m a.s.l in
over 10 m tall with interlocking cover. The woodlands are usually 10-20 m tall with a canopy
of between 50 – 79 % with well-developed herbaceous cover of dwarf shrub understory.
Bushland and shrub land are scattered and 6- 10 m tall and mostly thorny. Lastly, dwarf shrub
grasslands consist of woody plants of less than 1 m tall occurring mainly in the Central part of
the County. Species common in Machakos County include: indigenous forest types tree like
Croton macrostachyus, Albizia gumnifera, Ficus thornigii; plantation forests in the hilltops
with trees such cypress, pines, and eucalyptus. Common in the wetter regions for woodlands
Combretum species, Comnihora species in the drier areas and Enchea spp, Croton
macrostachus, Ravetateifana, Vanguewa spp, Terminalia spp. The project area is an urban
centre where vegetation has become scarce due to developments.
Fauna- Machakos County is has wildlife resources mostly found in private ranches. Oldonyo
Sabuk National Park is located to the North of the County; the Southern area of the county
experiences wildlife migrating from Kajiado County. The wildlife includes zebras, wildebeest,
Giraffes, Thomson gazelle, Lion, Cheetah, and buffalo, ostriches, impalas, and dikdiks among
many other. There are no existing faunal habitats within the Town because of urban
development. Wild fauna species are rare in the settlements but a few bird species, rodents,
reptiles, and insects still exist. Domesticate animals such as goats, cows, dogs, cats, and chicken
are kept by the residents.
Makueni County- the flora and fauna found in the area is the indigenous vegetation cover
which has been tampered with to give way to subsistence cultivation and poles and timber for
houses construction. However, the tree planting exercise of exotic trees that is being carried
out by the local population is slowing promoting the environmental conservation especially in
the institutions of learning, business buildings and residential houses.
4.3 SOCIAL-ECONOMIC BASELINE SURVEY
4.3.1 Population and Demography
The 2018 projected population for Kajiado County stands at 1,112,823 with male population
constituting of 50.2 percent and female population constituting of 49.8 percent of the total
population. The population is projected to be 1,236,723 in 2020 and 1,306,723 at the end of
plan period. The county’s population growth is 5.5 percent occasioned by migration from the
neighboring counties attracted by employment opportunities and availability of land for
settlement. Analysis of the county’s population depicts that children between ages 0-4 years
are more than other population categories contributing 16 percent of the total population. Ages
5-9 years and 10-14 years follows accounting for 14 percent and 12 percent respectively.
Population aged 60 years and above represents 3.3 percent of the population. The 2018
projected population reflects a sex ratio of 1:1 reflecting an equal population of female to male.
Machakos County had a population of 1,421,932 as presented by the Kenya national Bureau
of Statistics 2019 Census. It has a population density of 235 per square Kilometer. The total
population of the County was 1,098,584 as per the 2009 Kenya Population and Housing Census.
The projected population for the year 2018, 2020 and 2022 is 1,426,211, 1,511,377 and 1,601,629
respectively.
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The population for different age cohorts is almost equally distributed. This is as indicated in table
3 below. The projected male population stands at 705,118 while that of the female stands at 721,094
in 2018. This translates to a sex ratio of 1:1.02. The total urban population as at 2009 was 562,425
and projected to 730,156 in 2018. The populations of the year 2020 and 2022 were projected
to be 773,757 and 819,962 respectively. This represents approximately 51.2 per cent of the
total county population. Kangundo – Tala has the highest urban population projected at 283,737
in 2018. Machakos urban population is projected at 194,787. This can be attributed to it being
an administrative and recreational centre. Machakos also has plenty of social amenities like
hospitals, universities and colleges. Mavoko has a projected urban population of 178,131. This
can be attributed to it being an industrial town, real estate ventures and its proximity to Nairobi.
There is need to expand the social amenities in these areas to cater for the increasing population.
Makueni County on the other hand had a projected population at 922,183 in 2012 consisting of
449,036 males and 473,147 females. This is an increase from 884,253 persons as per the 2009 by
Kenya National Population and Housing Census. The annual population growth rate stands at 1.4
per cent while the male-female sex ratio stands at 100:105. As at 2018, the population of Makueni
County was at 987,653 and 121 people per square kilometer. In the county 14.3 per cent of the
population is below the age five years as compared to 1.8 per cent of the population who are above
80 years of age. The five to nine-year group has highest number of persons at 138,986, representing
15.1 per cent of the total population. The population reduces as the age progresses reaching the
lowest number at the 75-79 age cohort which constitutes 0.8 per cent of the total population.

4.3.2 Human Settlement


Human settlement pattern in the Kajiado County is divided into urban and rural, with majority
of the population settling in urban areas compared to rural areas. The county has experienced
intensified population pressure that has triggered land use/cover change compounded by
climate change. Expansion of settlement areas due to population influx from the City has
increased the demand for housing and other infrastructural development in the county. This has
seen sprawling of settlements with and outside the boarders of major towns in the county. Major
urban areas include Ngong, Ongata Rongai, Kitengela, Ngong and Loitokitok.
Privatization of land tenure, subdivision and commercialization of communal rangelands have
resulted to further disaggregation of human settlement in the county. The rural community who
were formally nomadic pastoralists settle and have to alternatively manage cattle on their
parcels thus leading to land degradation while reducing flora and fauna. This has further
compounded into human-wildlife conflict that is rampant across the county.

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Plate 5: Clustered settlements at KM 14, Kajiado County

The absence of a county spatial planning framework in Machakos has led to the proliferation
of informal settlements, congestion, environmental degradation, unplanned urban centres,
pressure on agricultural land and land use conflicts. People in Machakos County tend to cluster
within town centres while rural areas are sparsely populated.
In Makueni County, enormous developments set to emerge in and around the Konza
Technology City will redefine Makueni County human settlement pattern and transform the
economic activities of not only Makueni but also Machakos and Kajiado Counties. To city will
be served by water from Thwake Multipurpose dam which is being constructed. Further
Mombasa-Nairobi highway will be expanded from Konza to Nairobi from dual carriage to one
way. There are 25 settlement schemes in Kibwezi West and East Constituencies. There is need
to have a permanent solution to the squatter problem.
4.3.3 Health Settings
In Kajiado County, there are four (4) sub county hospitals; Kajiado, Loitokitok, Ngong and
Kitengela; sixteen (17) health centres and seventy-eight (78) dispensaries run by the county
government. There are also six (6) hospitals, thirteen (13) nursing homes, seven (7) health centres,
twenty-seven (27) dispensaries and one hundred and one (101) clinics which are either run by
private, faith based, community based and other non-government organizations. The county has 92
community health units initiated out of which only 78 are active. The doctor population ratio is
1:26,094, Public Health Staff is 1: 7,619, and the nurse population ratio is 1: 1,068. The average
distance to a health facility is 14.3 km with only 9.9 percent of the population within a distance of
less than a Kilometer to a health facility.

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Plate 6: Dispensaries along the project road, Kajiado County

In Machakos County, the construction of health facilities programme through Economic Stimulus
Programme (ESP) and Constituency Development Fund (CDF) led to increase in health facilities
in all sub-counties. The County Government has greatly improved the health facilities with one
Level 5 hospital located at Machakos town and four Level 4 hospitals in Kathiani, Mwala, Matuu
and Kangundo. Other health facilities by ownership include 193 under the County Government, 32
owned by FBOs, 9 owned by NGOs and 128 private-owned. The total health facilities in the County
are 367. Most of the health facilities are found in the urban areas. Patients/clients in rural areas
travel longer distances to access health services. In response, the County Government has instituted
measures to ensure access to well-equipped health centres within the wards.

Makueni County on the other hand, the health sector has played a major role in ensuring that most
of the county’s population can access affordable healthcare services. There is Makueni level five
hospital, six level four hospitals at Kilungu, Makindu, Mbooni, Kibwezi, Mukaa and Nzaui. The
county also has 21 level three, 113 dispensaries and eleven private clinics in the county. Most of
the public health institutions lack sufficient drugs, equipment, and transport and health personnel.
The bed capacity in the county stands at 616 and doctor population ratio is 1:22,712 which is below
the accepted standards. There are nine VCTs and 138 counsellors in the county which need to be
increased to accommodate the population. The average household distance to health facility is six
Kilometres which is way below the national recommended distance of four Kilometers.

4.3.4 Infrastructure and Access


The total length of roads in Kajiado County is 2,419.2 Km which include 1,111.9 Km of earth
roads, 932.3 Km of murram and 375 Km of bitumen (County Statistical Abstract 2015). The
five major tarmac roads in the county are Emali-Loitokitok; Namanga-Kitengela, Isinya-
Kiserian, Magadi-Mbagathi and Kiserian-Ngong. The County has two modern bus parks
namely Kitengela and Ngong.
The Standard Gauge Railway (SGR) traverses the county through parts of Kajiado East and
North with a major SGR terminus at Emali. A major underpass tunnel which covers 4.5km
situated in Em-Bulbul – Ngong is near completion. The metre gauge railway is used as a means
of transport for soda-ash and other by-products and as well serving residents with commuter
services in towns and areas such as Singiraine, Kenya Marble Quaries (KMQ), Kajiado and
Elangata-Wuas. There are seven airstrips in Kajiado County, with at least one in each Sub-
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county. The airstrips are in Kajiado town, Loitokitok, Olooloitikosh, Ngong, Magadi, Daraja
and Amboseli National Park.

Plate 7: SGR and Metre Railway crossing the project road at the border of Kajiado and Machakos
Counties

Machakos County has an averagely good road network. Major roads include the Mombasa
Highway, Machakos-Kitui, and Machakos – Wote, Garissa and Kangundo roads, among others.
The County has successfully constructed the following roads among others, the Mwala –Kithimani
road, Kathiani – Kangundo road and Athi river road. It has also upgraded most access roads within
the County. There are ongoing road initiatives in the County through partnership with the national
government and other development partners. These include dualing of Mombasa road (Namanga
road interchange to Makutano Kyumbi), Koma – Konza, Matuu – Ekalakala, Kenol-Kaseve, Tala
-Oldonyo Sabuk roads, among others.

Makueni County has a total road network of 3,203.5 Km of which 453.8Kms is bitumen,
555.2Kms gravel, and 2,198.6Kms surface roads. The main roads in the county are Katumani-
Wote-Makindu road, Masii-Mbumbuni road Salama-Kikoko and Mombasa road. The bitumen
roads are in fairly good condition but most of the gravel and surface roads are in poor state which
makes them impassable during rain seasons.
The county is traversed by a railway line which covers 140 Kms. Major railway stations are
Makindu, Kibwezi, Mtito-Andei and Emali. It also has one airstrip situated in Makindu and it is
operational.

4.3.5 Education
Kajiado County has a total number of 888 ECD Centres with a total population of 61,225
children. Out of this, the percentage of boys enrolled stands high at 53 percent in comparison
to the population of girls which is 47 percent. Kajiado North leads in the enrolment which is
27,468 representing 45 percent of the total enrolment. Net enrolment rate is 86 percent. There
are 3 facilities that cater for children with special needs: Enkijape Pre-Primary in Loitokitok
for hearing impaired; Primary Boys boarding in Kajiado for the visually impaired; and AIC
Childcare in Kajiado for multiple needs. The overall retention rate stands at 67 percent with
Kajiado East leading at 98 percent. The completion and transition rates are relatively high
which stands at 83 and 89 percent respectively. However, the dropout rate stands at 19 percent
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which may necessitate. The County has a total of 771 primary schools comprising of 446 public
and 325 private schools. The total population of pupil stands at 154,677 translating to a teacher
/ pupil ratio of 1:43. The net enrolment rate is substantial at 77 percent with the highest record
in Kajiado North. Nonetheless, the County Government has a responsibility of attaining 100
percent enrolment rate. The retention and completion rates stand at 63 percent and 77 percent.
This may mean that a sizeable number of children drop out of school hence lacking the
minimum basic education especially in the rural areas. This may be attributed to the distribution
of distance to nearest public primary schools which shows a population of over 60 percent trek
between 1.1- 4.9 Kms. Lack of mobile school programme attributes to the high dropout rate
especially during the drought seasons.

• Secondary Education
The county has a total record of 121 secondary schools with 70 being public and 51 private
schools. The net enrolment rate stands at 54 percent with the county recording a substantial
drop out rate at 15 percent with the rural areas still taking the lead at an average dropout rate
of 30 percent. Community distance distribution to the nearest public secondary school still
remains high especially in the remote areas across the County. This may attribute to the high
dropout rate together with lack of mobile education program in the county.

• Technical and Vocational Training Centres (TVETs)


TVETs are aimed at equipping trainees with practical skills and entrepreneurial skills that will
enable them get opportunities and help better their lives as they contribute towards achieving
the countries aspirations under the Vision 2030. The county is home to the Maasai Technical
Training Institute (MTTI).
Vocational Training Centres is a sole mandate of the county government. Kajiado County has
five operational polytechnics (Olekasasi in Kajiado North; Isinya in Kajiado East; Oltiasika
and Namelok in Kajiado South; and Entasopia) in Kajiado West. Meto polytechnic is non-
operational while the county plans to open two more in Oloolua and Saikeri. Trainees acquire
varied skills in courses offered including fashion design and garment making; Motor vehicle
mechanic; Carpentry and joinery; Information, Communications and Technology (ICT);
Building and Construction; Hair dressing and Beauty therapy; Leather work; Electrical and
electronic courses among others.

• Tertiary Education
The County has five private universities and two private university campuses. Other training
institutions include teachers training colleges and commercial colleges spread across the main
towns. The county plans to establish Olkejuado University of Applied Technology (OLKUAT),
a public university aimed at providing technical skills aimed at providing the much-needed
manpower in varied fields of the economy.

• Adult and continuing Education and Non formal Education


Literacy level in the county is 65 percent with higher literacy levels being registered in urban
areas compared to rural areas. The County has 156 Adult Education Centres which include
basic, non-formal, adult and continuing education alongside a Multi-Purpose Training Centre.
Overall enrolment is 2,775 adults education department to carry out a research and work
towards its reduction.
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Literacy levels in Machakos County stand at 92.4% of which male and female literacy levels
is 95.4% and 89.4% respectively. Education status in the county is as in the table below.
Population Population Population Population Population population
with KCPE with KCSE with College with diploma with degree with no
certificate certificate certificate certificate certificate qualification

32.4% 19.9% 1.8% 2.6% 1.5% 40.1

• Youth Polytechnics
The County has 37 youth polytechnics spread across the County with a population of 3,150
students and 260 instructors. This figure is bound to increase as the County Government
embarks on promotion of skilled based centres.

• Tertiary Education
There are three fully fledged universities in the County i.e. Machakos University, Daystar
University and Scott Christian University located in Mavoko and Machakos Constituencies. In
addition, there are other university colleges and various learning institutions located in the
major towns across the County. The County also has 2 public medical training colleges namely
Manza and Machakos and 2 teacher training colleges which are Kilimambogo and Machakos.

• Adult Education and continuing Education


There are 209 adult education registered centres offering basic education with a student
population of 6,672 and 161 teachers. The enrolment of females in adult education is higher as
compared to males; like in 2016, the females and males were 5,726 and 946 respectively.

• Technical, Vocational Education and Training


There are 23 registered TVETs in the County offering certificate and diploma courses in
technical skills. Notable training institutions in the County include Agriculture Training Centre
(ATC), Kenya Meat Training Institute (KMTI), National Industrial Training Authority (NITA)
and National youth service school of Agriculture.

• Special Schools
The county has two special schools. The Machakos School for the blind and Machakos school
for the deaf which caters for the sight and hearing impairment respectively.
Makueni County
• Pre-School Education
The county has 1,510 Early Childhood Development (ECD) Centres with a total enrolment of
41,820 composed of 21,922 boys and 19,898 girls. There is a high retention rate of 94.4 per
cent and average of two years of attendance. There are 1315 teachers translating into a teacher
pupil ratio is 1:25.

• Primary Education
The county has 982 primary schools out of which 914 are government owned while 68 are
private owned. The total enrolment is 269,752 pupils and 7,242 teachers which translate into a
teacher pupil ratio of 1:37. The retention rate is 93 per cent. Onn average most of the pupils
(70 per cent) cover a long distance of 5Km and more to the nearest school. The Gross
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Enrolment rate in primary school stands at 120 per cent meaning there are many children who
are above age 6-13 age group who are in primary school.

• Literacy
The illiteracy rate in the county is 22.41 per cent against the national level of 28.59 per cent.
This shows that, the county is better off compared to the whole country.

• Secondary Education
By the year 2012 there were 339 secondary schools with a total enrolment of 75,985 and a
retention rate of 86 per cent. With a total of 2300 teachers, the county has a teacher pupil ratio
of 1:33. The transition rate from primary to secondary school is 60 per cent while Gross
Enrolment rate stands at 76. 6 per cent.

• Tertiary Education
The county has 12 tertiary institutions and two university satellite campuses. Shortage of
University and National Polytechnics to accommodate the high numbers of students from
secondary Schools, impacts negatively in career development.

Plate 8: Tertiary technical colleges adjacent to project road at Malili town

4.3.6 Information Communication and Technology


Mobile telephony connectivity in Kajiado County is at 60 percent with major signal
instabilities in parts of Kajiado West, South and Central. Internet connectivity have been
enhanced within the county headquarters due to availability of fibre optic cables but have major
signal oscillations in other parts of the county. Most areas are served with radio and television
services with some areas having low signal frequencies. According to the 2009 census, landline
connectivity was 0.9 percent in Kajiado Central constituency, 0.6 percent in Loitokitok and
10.6 percent in Kajiado North. Kajiado County has three (3) Huduma Centres located within
Kajiado town, Ngong and Kisamis. This has enhanced transparency, efficiency and easy
accessibility of public services to all. There are six (6) post offices situated in Kitengela, Ongata
Rongai, Kajiado, Ngong, Namanga, and Loitokitok.
Machakos County network coverage within the County is of 85 per cent of the total area.
However, areas such as Kibauni and Yathui in Mwala, and Kalama in Machakos have a poor

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network coverage. The number of land line connection is 327 and its use is on the decline
particularly because the use of internet as the main source of communication is on the rise and
with the availability of fibre optic then the reliance on the landlines is on the decrease. There
are 14 post offices and 20 sub-post offices which are fairly distributed within the County. Radio
ownership is 96 per cent which is attributed to low cost of purchase and maintenance while
Television coverage is 58 per cent.
In Makueni County, there is only one registered private courier service provider, 13 post
offices and seven sub-post offices spread in all major urban centres. The private sector through
the public service vehicles also offers the courier services. The county is well served by and
regional radio services but Television signal reception is poor and is mainly available through
pay stations. There are 37 cyber cafes located Wote and Mtito-Andei towns and other major
urban centres. The mobile phone coverage stands at 85 per cent. Most of the counties’ residents
also own mobile phones which has in turn created new opportunities in communication
industry, particularly in the mobile money transfer and mobile banking. The world has become
a global village with the advent of Information Communication and Technology (ICT). The
Konza Techno City an ICT park which is one of the flagship projects in the vision 2030 has
started at Malili in Mukaa Sub County along the Mombasa-Nairobi highway. The city is
expected to create 20,000 jobs. The Techno City will operate under the Special Economic Zone
Act and the Special Economic Zone Act in order spur the country’s economy. The city will be
implemented in phases. it is meant to become a global leader in the field of ICT housing
Kenya’s International Financial Centre, a World Class Convention Centre and Light electronic
manufacturing. The city will be constructed through public private partnership and funding
from World Bank and the government. The city therefore will nurture and encourage a source
of income an employment and act as a means of technology transfer. The enormous
developments set to emerge in and around the Konza Technology City will redefine Makueni
County human settlement pattern and transform the economic activities of not only Makueni
but also Machakos and Kajiado Counties. To city will be served by water from Thwake
Multipurpose dam which is being constructed. Further Mombasa-Nairobi highway will be
expanded from Konza to Nairobi from dual carriage to one way.
4.3.7 Energy
The main energy sources in Kajiado County are firewood, electricity, charcoal, solar and
petroleum products. Out of 173,464 households across Kajiado County, only 69,098
households are connected to electricity accounting for 39.8 percent of the households, with
highest number of households being in the urban areas. Other sources of energy underexploited
include wind, solar and geothermal. In Machakos County, the main source of energy for
cooking and lighting is wood and electricity respectively. Other sources of energy across the
County are solar, wind, biogas, gas, charcoal and paraffin. Masinga dam is one of the Seven
Folks dams, which produce hydroelectric power for the national electricity grid. There is
increasing connectivity to the national grid across the County because of the implementation
of „last mile‟ power project by the national government.
Electricity coverage within Makueni County has been expanded through the rural
electrification programme. More than 2000 households have been connected. Electricity is
mostly used in the households for lighting purposes. There is need to upscale connections

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particularly in the upcoming markets and institutions. The county experiences long hours of
sunshine that has not been exploited to provide solar energy largely. This is largely due to lack
of financial capabilities and low awareness of technologies for installation and utilization of
this environmentally friendly renewable source of energy. Firewood is the major source of
cooking fuel accounting for 84.8 per cent of households, followed by charcoal at 11.1per cent.
However, this poses a great danger to the environment. Paraffin is the most used source of
energy for lighting in the households at 69 per cent followed by electricity and solar at 5.9 per
cent and 3.8 per cent respectively.

Plate 9: High powered cables crossing the project road at Malili town

4.3.8 Land and Land Use


Land is considered an important factor of production and development. Kajiado County is
endowed with vast land and diverse land resources within the arid and semi-arid zones of
Kenya. It must therefore be put to best and sustainable use. The county. The predominant
activity on the land is livestock farming where majority of the local residents in rural areas
(particularly the Maasai) practice pastoralism. There are however areas where small and
medium scale crop farming is practiced in high potential areas such as Ngong, Loitokitok, and
Nkuruman. Flower farming is mainly practiced in large scale within Isinya and Kitengela areas.
Horticultural farming is also picking targeting both the local and international markets.
Due to increased demand on land and pressure from the Nairobi City, rapid urban development
is also taking place across the county. These include industrial development, massive housing
developments, quarrying/mining, among others. The county is also home to important natural
resources such as Amboseli National Park, Ngong Hills, Oloolua Forest, Lake Magadi,
Oldonyo Orok in Namanga, Maparasha Hills, Oloorgisalie historical site, several wildlife
sanctuaries such as Kimana, among others. The high demand for land for various use has
significantly contributed to increased land subdivision and fragmentation of agricultural land
into unsustainable portions hence affecting rural livelihoods.

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Plate 10: Irrigational agriculture along the project road, Kajiado County

Land use in Machakos County urban centres is generally mixed development. There are no
clear-cut zones for specific land uses in the county. This is because all the existing physical
development plans except Machakos New Town Local Physical Development Plan are
outdated hence not in force. There is no well-defined zoning policy in the county that guides
land use development in all its urban centres sometimes leading to overlaps and mixing of
incompatible land uses. There are 2 basic land use structures which are rural and urban. Rural:
Agriculture (arable), Urban: residential, commercial, industrial, recreational, wildlife,
rangeland.

• Agriculture land use


Agriculture is the dominant land use in Machakos County with over 75% of the land in
Machakos County is used for agricultural purpose. About 20% of the total land of Machakos
County is cultivated. Most people live on their farms and sub-divide them for different uses.

• Residential land use


In general, the residential land use in the County is mainly concentrated in urban centres. Low-
density residential land use is mainly observed as one moves away from the urban centres. The
current growth of the residential land use is largely informal since most developments do not
seek development permits. However, the rural setting that dominates Machakos County
presents a scenario where people live on a portion of land where they do their farming.

• Commercial land use

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The commercial activities are mainly concentrated along the main roads and highways passing
through the urban centres, rural centres and market centres forming a linear pattern. The
commercial activities here include retail outlets, stalls and street traders, hotels/restaurants.
Similarly, more pockets of commercial nodes are emerging within some of the residential areas
but in an informal trend.

• Industrial land use


Most of the heavy industries in Machakos County are concentrated in Mavoko Sub County.
The other towns mainly have light industrial establishments. Machakos County has a potential
for agricultural and fruit processing plants mainly for maize and other grains grown as well as
indigenous and exotic mango fruits.

• Educational land use


There are more than 896 public primary schools, 301 public secondary schools, 147 private
primary schools, 73 private secondary schools, village polytechnics, colleges and universities
such as Daystar University.

• Recreational facilities land use


Most of the County’s urban centres have inadequate recreational facilities. The open spaces in
existence are not easily accessible and lack the necessary facilities for recreation purposes with
exception of Machakos People’s Park in Machakos Town which is open to the public for range
of recreational activities such as boat ridding, children games, events, zip-line, filming etc.
Makueni County- the County has a total arable land of 5042.69Km2 which is 74 percent of
the total area. A total of 1,762.71Km2 is non-arable accounting for 21.9 percent of the total
area. Part of the 2,023 Ha of land that Konza Technology City lies in the county. There are no
water masses or industrial area in the county while the urban area accounts for only 7.4 percent
of the total area.
Most of the land is used for agricultural purposes since most people depend on agriculture and
livestock for their livelihood. The County has potential in horticulture and dairy farming
especially the hilly parts of Kilungu and Mbooni west sub counties. The lowlands are used for
livestock keeping, cotton and fruit production. Fruits grown are mainly mangoes, pawpaw and
oranges. These areas include; Kathonzweni, Mbooni East, Nzaui and Makueni sub counties.
There is an upcoming fruit processing plant at Wote town to process the fruits as well as a
ginnery for cotton processing. This will go a long way in value addition for these products.

• Mean Holding Size


The county has a mean holding size of 1.58 Ha. This means that every household occupies or
owns an average area equivalent to 1.58 Ha. This is high compared to the national mean holding
of 0.97Ha per household.

• Percentage of Land with Title Deed


In the county 186,814 land owners have title deeds which is only 19.8 per cent of all land
owners. The percentage is low compared to the national figure where 39.4 per cent of land
owners in the country have title deeds.

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4.3.9 Crop and Livestock Production
Kajiado County Main crops produced are maize, beans, Irish potatoes, tomatoes, capsicum,
water melon, cow peas, vegetables and bananas. Kajiado South Sub County is the main producer
of maize for both subsistence and commercial purposes. In Kajiado south sub county, the area under
maize production is 25,950 Ha annually, while the area under beans is 40,650 Ha annually. Tomato
farming is also common in the county with 1,510 Ha across the county and Kajiado South leading
with 940 Ha under cultivation. The county is in the process of completing a tomato processing
factory in Namelok in Kajiado South with an aim of tomato chain and value addition.

• Acreage under food and cash crops


The total acreage under food crops and cash crops is 52,775 Ha and 17,354 Ha respectively.

• Average farm sizes


The average farm sizes for small scale is 0.5 Ha and 10 Ha for large scale farming.

• Main storage facilities


Kajiado South have a main storage facility as National Cereal and Produce Board (NCPB) stores
and receives a substantial harvest for maize crops although it’s mainly from subsistence farming.
The farmers have home granaries and stores. Kajiado Central and Kajiado north also have their
main storage facility as NCPB.

The county major cattle breeds are Sahiwal, zebu, Borans and exotic. Kajiado demonstration farm
provides Sahiwal breeding bulls to the pastoralists. The main sheep breeds are red Maasai and
dorper. Goat breeds are galla, small east African and German alpine. Average annual milk
production per year is 912,721 litres, beef production is 6639 tones, mutton production is 642, 750
Kgs, chevon production is 536,505, poultry production is 345,600 and egg production is 1,440,000
trays.

Approximately 60% of total land area in Machakos County is arable. Agriculture is the main
activity carried out in most of the sub-counties. The main cash crops are coffee, mangoes,
citrus, French beans, pineapples, flowers, sorghum and vegetables. The food crops grown
include maize, beans, pigeon peas, green grams, cowpeas and cassava which are cultivated in
small scale. The County aims to increase the productivity of arable land through use of quality
farm inputs, appropriate mechanization, irrigation and good agricultural practices. Maize and
beans are the main food crops grown across the County with 62,000Ha and 38,000Ha
respectively. Mangoes and coffee are the major cash crops with 6,000Ha and 5,000Ha
respectively. Between 2013 and 2017 there was general increase in livestock populations with
indigenous chicken registering the highest growth in numbers. This is attributed to free
indigenous chicks’ program being implemented by Department of Agriculture, Livestock and
Fisheries.
There are 14 livestock markets distributed across 6 sub-counties where large scale livestock
trading takes place.

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Plate 11: Showing livestock keeping in the area

• Ranching
The County has 13 ranches namely Kasisi, B&T Malinda, Carol Malinda, Machakos ranch,
Kyelu, Lukenya, Game ranch, Maanzoni, Kakenyi, Kapiti, Mwambi, New Astra and Lisa.

Three (3) are located in Machakos Sub-county while thirteen (13) in Mavoko Sub-county. The
livestock in these ranches include cattle, sheep and goats.
Source: Directorate of Livestock, Machakos County 2017

The main crops produced in the Makueni County are Maize, Green grams, pigeon peas and
sorghum. Mangoes, pawpaw and oranges are also being produced. Grafted mangoes are vastly
gaining momentum due to the high demand and favourable conditions.

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• Acreage under Food Crops and Cash Crops
The total area under cash and food crop is 23,356 Ha and 65,453 Ha respectively which is 2.9
per cent and 8.1 per cent respectively of the total county area.

• Average Farm Size


The average farm size is 3.44 Ha for small farmers and 30.4Ha for large scale farmers. Small
farms are the common one. However, there are no ranches in the county.

• Main Storage Facilities


Granaries are the main storage facility used in the county mostly for the cereals harvested.
Despite the presence of storage facilities, the county experience aflatoxin cases whenever there
is bumper harvest. There is a National Cereals and Produce Board store at Wote which provides
supplies of cereals, seeds and fertilizer at reduced cost. The organic farming performance is
marginal with about 16.83Ha being under organic production.

• Main Livestock Bred and Ranches


Livestock production is a major economic activity in the county. The main breeds reared
include livestock (dairy cattle, beef cattle, sheep, goats and donkeys, Poultry farming, pig
farming, bee keeping and fish).

• Ranches
The county has 12 branches with a total area of 45,916 Hectares. Kima estate and Kiu ranches
are owned by cooperatives while Aimi ma Kilungu and Malili ranches are owned by
companies. There are eight ranches owned by individuals which includes Stanley & sons,
Sultan Estates, Uathimo Farm, Mwaani, Muiu farm, Nzai farm, Kalima and New Ashtra.
4.3.10 Tourism
Tourism in Kajiado County is mainly an economic and social occurrence. Amboseli National
Park is one of the 9 No. major tourist attraction sites sitting on 39,206 Ha; and home to a range
of African wildlife and over 400 species of birds. Other attraction sites include: Lake Magadi;
Lake Kwenia; Ngong Hills, Chyulu Hills; Olorgesaile pre historic site; Mt Suswa, a remarkable
double crater volcano with a complex braided system of lava tubes and caves; Ol Doinyo Orok
Mountain and; Nguruman Escarpment; rich Maasai culture among others.

• Classified / major hotels


According to the Tourism Regulatory Authority Regulations, (2014) there are three (3) classified
tourism hotels within the County. Amboseli Sopa Lodge has 83 rooms with 166 bed capacity while
Kibo Safaris Camp has 60 rooms with 120 bed capacity, which are three-star hotels. Amboseli
Serena Lodge Kajiado has 92 rooms and 184 bed capacity, which is a four-star hotel. These hotels
are located in Kajiado South Sub-County.

• Main wildlife
The County hosts a variety of wildlife including leopard, cheetah, wild dog, buffalo, elephant,
giraffe, zebra, lion, hippos, hyenas, blue wildebeest, crocodile, mongoose, hyrax, gerenuk, lesser
kudu, porcupine and a prolific birdlife that features over 600 species among others.

• Wildlife conservation areas


There are 24 wildlife conservancies sitting on 314,691Ha with Amboseli ecosystem in Kajiado
South having 18 conservancies with 190,607Ha and the rest of the county having 9 Conservancies
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covering 124,084Ha. The major conservancies include Shompole (15,000Ha), Eselenkei
(15,000Ha); Olgulului Ololarrashi (12140Ha), Olkiramatian (10,000Ha), Ilaingurunyoni
(12,000Ha); Kitenden (10,400Ha), Empaash (12,140Ha); Rombo Emampuli (10,000Ha) and
Olenarika (10,000Ha).

• Total number of tourists


According to Economic Survey, 2017, number of visitors to Amboseli national park increased from
86,900 in 2015 to 114,600 in 2016, representing a rise of 31.9 percent. However, number of visitors
to Olorgesaile historical site reduced from 1,100 in 2015 to 400 in 2016, indicating a decrease of
63.6 percent (Economic Survey, 2017). The County Government in collaboration with other
stakeholders needs to enhance tourism promotions and diversification of tourism products to attract
more tourists.

Machakos County is home to major tourist attraction sites. These include Ol Donyo Sabuk
National Park, Fourteen Falls, Iveti hills, Lukenya hills, Mcmillian Castle, Kyamwilu
gravitational defying area, Komarock shrine, Masaku Footprint Rock in Kiima Kimwe, AIC
Mumbuni (the first church in Machakos), wood carving in Wamunyu, Yathui traditional shrine,
Masinga dam, Makongo valley, Yatta Plateau, Katoloni Prayer mountain, Maanzoni Sanctuary,
Machakos People‟s Park and Kenyatta Stadium. The Kenyatta Stadium is a facility that attracts
local, national and international events such as soccer, rugby, celebrations among others. In
addition, the County hosts beautiful hotels that attract conference and conventional activities.
The main wildlife in the County include antelopes, zebras, wildbeasts, elands, giraffes,
Thomson’s gazelles, grant gazelles, elephants, hippopotamus, buffaloes, waterbucks, lions,
cheetahs, leopards, warthogs, ostriches, impalas, dik-diks, hyena, reedbucks and a variety of
birds.
Makueni County shares a small part of the famous Tsavo National park which is considered
as one of the world's biodiversity strongholds. Tourism activities are mainly confined within
the park which is rich in diverse wildlife which include the famous 'big five' consisting of
Maasai lion, black rhino, cape buffalo, red elephant and leopard. The park also is also home to
a great variety of bird life such as the black kite, crowned crane, lovebird and the sacred Ibis.
To support tourism there are three one-star hotels situated in Wote and Mtito Andei.
There is a need to invest in more tourism class hotels as establishment of Konza ICT Park is in
addition expected to enhance the potential of tourism in the County.

• Main tourist attractions, National Parks/Reserves


The county shares a small part of the famous Tsavo National park which is considered as one
of the world's biodiversity strongholds. There is also the Kyulu hill game reserve in Kibwezi.

• Main Wildlife
Tourism activities are mainly confined within the park which is rich in diverse wildlife which
include the famous 'big five' consisting of Maasai Lion, Black Rhino, Cape Buffalo, Red
Elephant and Leopard. The park also is also home to a great variety of bird life such as the
Black Kite, Crowned crane, Lovebird and the sacred Ibis.
• Tourist class hotels/restaurants, bed occupancy :To support tourism there are three one-
star hotels situated in Wote and Mtito Andei. There is a need to invest in more tourism

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class hotels as establishment of Konza ICT Park is in addition expected to enhance the
potential of tourism in the County.

Plate 12: Wildlife along project road near Malili

4.3.11 HIV/AIDS
Kajiado County records high awareness on HIV and AIDS, with 99.3 percent of women and
100 percent of men reporting awareness. The county HIV prevalence rate is 3.9 percent
compared to the National prevalence of 6 percent. The county aims to attain 90 percent
awareness where all people living with HIV know their status, 90 percent of all people
diagnosed with HIV infection receive sustained antiretroviral therapy and 90 percent of all
people receiving antiretroviral therapy have viral suppression by 2020. Makueni County has
registered a decline in HIV prevalence from a high of approximately 10.30 per cent in 2006 to
a low of approximately four per cent in 2012. Cases related to HIV/Aids are still the leading
killer among the productive segment (ages 15-45 years) majority of whom are women. There
are nine VCTs and 138 counsellors in the county which need to be increased to accommodate
the population. Machakos County on the other hand has a HIV prevalence rate of 4.6 per cent.
The National Aids Control Council has put in place various programmes within the County
geared towards reducing the prevalence of HIV/AIDS. These programmes include setting up
Voluntary Counselling and Testing (VCT) centres. Free antiretroviral drugs are provided to
patients in designated health facilities. The government is also supporting the Orphans and
Vulnerable Children (OVCs) through cash transfer and other mitigation programmes such as
income-generating activities funded under Total War against Aids (TOWA).

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CHAPTER 5.0: STAKEHOLDER ENGAGEMENT AND PUBLIC
PARTICIPATION

5.1 Introduction
This chapter describes the process of public consultation and participation that were followed
to identify the key issues and impacts of the proposed project. Stakeholder Engagement and
Public Participation Process is an integral aspect of successful decision making in the ESIA
processes for major developments. Public participation is a key requirement as stipulated in
Article 69 Section 1 of the Kenyan Constitution, 2010, Legal Notice 101 of the Environmental
Management and Coordination Act (EMCA), Cap 387 Section 58, for achieving the
fundamental principles of sustainable development in ESIA, Section 3 of the EIA/EA
regulations, 2003 and Section 87 & 113 of the County Governments Act, 2012.
It is an important process through which stakeholders including beneficiaries and members of
public living in project areas (both public and private), are given an opportunity to contribute
to the overall project design by making recommendations and raising concerns projects before
they are implemented. In addition, the process creates a sense of responsibility, commitment
and local ownership for smooth implementation.
5.2 Objectives for consultation and public participation
The general objectives of the consultation and public participation were to:

• Disseminate and inform the stakeholders about the project with special reference to its
key components and location.
• Create awareness among the public on the need for the ESIA for the proposed project.
• Gather comments, suggestions and concerns of the interested and affected parties.
• Incorporate the information collected in the ESIA study.

5.3 Public participation


Public Consultations were organized through the Deputy County Commissioners, chiefs and
sub-chiefs in which the invitations covered the broad spectrum of community members likely
to be affected by the project within the roads corridor of influence.
Public meetings were held at the DCC’s Office Isinya and Mukaa and Public barazas at
Isinya multipurpose social hall, Emaparasuai Primary School at Osewuan, Chiefs office at
Ilpolosat centre and at Malili trading centre. During these meetings project’s key features,
design and scope were discussed. Members of the public (see attached questionnaires)
working, residing and those owning business properties along the proposed Isinya-Konza-
Malili road project were interviewed using a standard questionnaire in order to gather their
opinions and views on project benefits, impacts of the current state of the road section,
likely adverse impacts of the proposed road, the mitigation measures for the possible
negative impacts and how they would the local communities be involved in the project to
make it a success. Interviews also assisted in the identification of miscellaneous issues that
if overlooked may introduce conflicts that may hamper the implementation of the project.
KeNHA enumerated to the stakeholders benefits of implementing the proposed project some
of which included convenience in transportation, increased opportunities for income generating
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activities and general growth of the area. During consultations the proposed project was
entirely accepted by the various stakeholders, but their major concerns were commencement
date, land acquisition and compensation, storm water management, road safety for children and
livestock, employment opportunities for the locals and extension of corporate social
responsibility. In response, KeNHA informed that the project construction scope includes;
• Provision of drainage structures including bridges and box/pipe culverts to address
issues of storm water;
• Provision of bumps, speed limits and signages to mitigate risks of livestock/wildlife
killings;
• Soil/slope protection works;
• Re-alignments of some sections to improve on road safety;
• Placement of road informative signages;
• Road markings; and
• Improvement on junctions.
Concerns raised through the questionnaires administered and during the public barazas were
analysed and responded to in the table below and the minutes attached in this report.

5.4 Summary of the Issues Raised;


a. Positive comments obtained during the public consultation meetings
Construstruction and operation of Isinya-Konza-Malili road is likely to trigger the following
socio-economic benefits as were highlighted by the stakeholders:

• Creation of employment opportunities: The residents expressed that the construction


and operation of the road would lead to job opportunities for locals. During
construction, drivers, masons, engineers, steel-fixers, carpenters will gain employment.
The stakeholders expressed that priority of employment opportunities for skilled, semi-
skilled and unskilled labour should, be given to the local community.
• Increased business opportunities: The public and stakeholders suggested that the road
would open the area to investors and this will lead to growth of new and older market
centers and towns. There will also be improved transportation of farm produce and
business goods thereby improving business along the entire road project.
• Improved social infrastructure: The public explained that the road would lead to
growth of water, electricity and telecommunication infrastructure in the area. They also
specified that CSR activities such as drilling of boreholes, building of markets, schools
will improve the area infrastructure.
• Faster means of transport: The public and stakeholders affirmed that the road will
result in the shortening of travel time and reduction of the cost of transportation. This
will lead to an increase in the speed of delivery of farm produce and transacting business
hence saving money.
• Easy, cheap and fast movement of people: The public noted that the road will result
in faster and speedy movements and affordable fares
• Easy and fast movement of goods: The locals said that since the road is mainly used
to transport perishable goods, they normally face a lot of losses during adverse weather

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condition. The tarmacking of the road will thus make the road passable in all times of
the year making it easy to transport goods.
• Potential for increased economic activities: The residents are optimistic that upon
completion of the road project, that more opportunities for business will be realized.
Another additional benefit will be improved efficiency of delivery of agricultural
produce, livestock to markets within and out of their areas will be more efficient and
withstand all weather conditions. Improved roads condition to bitumen standards means
that costs of travel from one point to the other will be lowered because of shorter time
taken to travel. Break down and maintenance costs associated with roads conditions
will also be reduced. This means that the returns to the residents will be higher than the
current case
b. Negative concerns of the stakeholders
However the stakeholders associated the construction and operation of the road with some of
the following aspect:

• Increased Accidents: Upgrading of the road may lead to increased accident due to the
improved state of the road. Therefore speedbumps and rumble strips should be erected
near settlements, public institutions and town centers. Proper signage should be
provided and guard’s rails installed on river crossing throughout the road.
• Noise pollution: The public stated that construction activities would result to noise
pollution. Vibrations and noise from the construction machinery may be excessive and
result into noise around and within public institutions. The public were assured that the
Contractor will abide by the Environmental Management and Coordination (Noise and
Excessive Vibration Pollution Control) Regulations, 2009 Legal Notice No. 61 and the
OSHA, 2007
• Dust generation: The public said that the earthworks, excavation of borrow pits,
quarrying and haulage of materials during construction will result to air pollution
through dust generation. The public were assured that the contractor will mitigate air
pollution through the sprinkling of water on dusty roads, observing speed limits for
vehicles, erection of speed calming measures in towns, public institutions and
settlement and provision PPEs for the workers.
• Waste disposal and spoils: The public stated that the workers campsites, borrow pits
and quarries would produce waste and spoils. They stated that the area is free from solid
waste pollution and thus the contractor should ensure that they leave the environment
clean. The public were assured that the contractor will dispose all generated waste by
ensuring that all waste is properly collected and disposed as per existing legal
requirement to ensure a clean and healthy environment for all.
• Loss of vegetation cover: The public stated that the road will lead to clearance of
vegetation and trees along the road reserve and in areas where borrow pits and
campsites will be put. They suggested that the contractor should replant any cut trees
and revegetate cleared areas.

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• Displacement of local communities and loss of property: The public stated that there
were concerned that the project will lead to displacement and property take during road
construction. The public were assured that as the situation is currently not displacement
has been identified as the corridor was sufficient. However, if there will be need to get
additional space, then due process will be followed where a detailed RAP study will be
conducted for property valuation and compensation.
• Increase in the spread of STD, HIV and AIDS: The residents along the proposed
road corridor expressed concern that there would be an increase in incidences of
sexually transmitted diseases including HIV and AIDS especially during construction
of the road because of increased prostitution. The project proponent will need to work
jointly with appropriate county and national government public health agencies to come
up with a comprehensive STD, HIV and AIDs control programme during the
construction and operational phases of the project.

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Plate 13: DCC Isinya Sub-County and KeNHA officer addressing the public at Isinya Multipurpose Social Hall

Plate 14: Public participation at Emaparasuai Primary school-Isinya Sub County

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Plate 15: Public baraza at Malili town and Consultation at Mkaa DCC’s office

Plate 16: Public Participation at Ilpolosat chief's office, Isinya Sub County

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CHAPTER 6: ANALYSIS OF PROJECT ALTERNATIVES

6.1 Introduction
This section analyses the project alternatives in terms of site, transport alternatives, materials
and technology scale, solid waste and wastewater management options and shall involve
studying design alternatives and analyzing them based the environmental costs and benefits
this shall involve studying the technology, design, capital investments, operation and
maintenance requirements among others.

6.2 No-Construct/No Project Alternative


The ‘No Project Alternative’: assumes that the implementation of the project does not go
ahead, implying a continuation of the current situation leaving the socio-economic prospects
of the area dormant and inhibition of free flow of traffic within project area and the periphery.
This is not a preferred option by either the road users, communities bordering the project road
or the country in general since it has economic, social and environmental implications.
Under the No action alternative, no improvements will be undertaken; the resultant socio-
economic benefits of the developments would be foregone. The anticipated environmental
and social impacts resulting from construction and operation of the development would not
occur.
6.3 Alternative mode of transportation
There are no viable alternatives to this road that fulfil the functions of providing relatively fast,
cheap land transportation. Air, rail, and water transport are unlikely to either complement or to
substitute for roads or highways in the project area leaving the road as the most important link
between the counties transversed by the proposed roads. The proposed project road is an
existing murram road and it’s upgrading which will involve some significant realignment to
meet its dual nature.

6.4 Analysis of Alternative Route/Realignment


Currently, there exist no other alternative routes that could be constructed economically
since the proposed road earmarked for upgrade is usable and only tarmacking is required to
improve its standards.
6.4 Upgrading of the road
6.4.1 Isinya Bypass
‘B’class roads are designed within 60m wide corridor. However, the current road has an
existing road reserve of only 15m. Various considerations were made including the cost
associated with land take, disruptions of the economic activities, utility supplies and drainage
within Isinya town. Land acquisition costs were found to be enormous due to permanent
structures along the stretch alongside loses incurred by businessmen/women associated with
lose of customers, demolitions of the structures and re-location. Isinya town does not have a
defined sewage system hence residents make use of septic tanks and pit latrines for effluent
disposal. If the construction and widening of the existing road is allowed, there will be spillages
of raw sewage within the town due to the usage of the aforementioned haphazard waste disposal
methods. Environmentally, this compromises the health and safety of the residents.
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6.4.2 Re-alignments at Km 8-14 and Km 24-24


Major realignments are proposed between Km 8-14 and 24-28 to avoid meandering and sharp
corners of the existing road alignment due to design parameters requirements of a class B road.
Between Km 8-14 the existing road passes through grown and established Acacia xanthophea
canopies, fish ponds, water pans and very sharp corners (the place is known as Corner Mbaya)
and without consideration of re-alignment, the mentions features will be interfered with and
design parameters for class B would not have been achieved.

6.5 Upgrading of the road


Since road transport is the major form of transport in the region, upgrading the road to bitumen
standards will enhance movement of goods and people. The project is on an existing
alignment implying lower construction costs and lower environmental and social impacts
compared to developing a new alignment. Upgrading of the road has the following potential
implications:

• Increased traffic that will impact on the fauna, towns, public institution, schools and
residential dwellings
• The improvement will affect environmental features i.e. biological and physical
features.
• Possible displacement/ relocation of people and demolition of structures; especially
business premises and institutions incase additional space is required for
construction
Upgrading of the road will enhance traffic flow, save travel time, reduce travel cost thus
improve accessibility, enhance mobility and improve welfares. This is perhaps the most
preferred option
6.5 Alternative Road Building Technologies
a. Concrete Paving
Concrete is typically only used for local roads in urban areas. Concrete is more long lasting
than asphalt and significantly stronger as well, but is quite expensive to lay and maintain.

b. Asphalt Paving
Asphalt paving is one of the most common type of construction technique. Advantages of this
form of road construction are that the pavement produces relatively little noise, its relative low
cost compared to other materials, and that is relatively easy to repair and maintain as well.
However, asphalt is significantly less durable. This is perhaps the most preferred option for
this project considering the location and cost implications.

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CHAPTER 7.0: GRIEVANCE REDRESS MECHANISM


7.1 Background
This section describes the Project’s Grievance Redress Mechanism to be adopted. The overall
objective of the GRM is to establish an effective communication channel among the
stakeholders for providing a timely and efficient two-way feedback mechanism to address any
grievances and complaints against the project from multiple stakeholders and Project Affected.
This GRM complies with the Law of Kenya and international best practices. In the course of
upgrading the Isinya-Konza-Malili road project, grievances, complaints as well as disputes are
expected to arise from several stages of the project including design and implementation phase.
There is likely to be raised expectations pertaining to property values and dispute in ownership
which could translate in constant grievances owing to the proximity of the project road to the
Nairobi Metropolis.

7.2 Objectives of the GRM

The overall objective of the GRM is to ensure system existence of receiving and solving
grievances in the project levels. One of the duties of the project implementation team is to
prevent grievances through the established system and implementation of the mitigation
measures in the ESMP.
Specific objectives of the GRM are:

• To provide community and stakeholders in general with a clear process for


providing comment and raising grievances;
• To provide a platform for stakeholders to raise comments and concerns;
• To structure and manage the handling of comments, responses and grievances,
and allow monitoring of effectiveness of the mechanism; and
• To ensure that comments, responses and grievances are handled in a fair and
transparent manner in line with KeNHA internal policies and other best
practices.

Some of the grievances expected during project implementation include:

• Considerations in employment opportunities;


• Labour disputes with the contractor;
• Land disputes i.e. un-adjudicated land claims and buyer and original owner dispute;
• Environmental and safety complaints;
• Social disputes i.e. relationships; and
• Compensation disputes i.e. who deserves to be compensated, delay in compensation
and detailed relocation and many others.

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7.3 Proposed Procedure

For avoidance of doubt, the Chief Grievance Handling Officer will be the Resident Officer.
Everybody else will acts on RE’s behalf and reports to him/her.

Anyone will be able to submit a grievance to the project, if they believe any practice by the
project is having a detrimental impact on the community, the environment, or on their quality
of life. They may also submit comments and suggestions on how such issues can be handled
or prevented.

Stakeholder sensitization on the GRM will be undertaken during community and stakeholder
meetings scheduled under the project’s SEP. Instruments for grievance redress mechanism,
complaint registration form and grievance resolution form are attached in Appendix 3 and
Appendix 4 respectively. The steps taken for receiving and handling grievances is as follows:

Step 1: Submitting a Complaint


A complaint can be submitted to the Contractor’s Social and Environment Officer (SEO) the
Consultant’s SS Expert or the Community Liaison Officer (CLO) in the following ways:

• During regular public meetings held with the communities;


• Through Consultative Forums with stakeholders;
• During any informal meetings;
• Through communication directly with management – for example a
letter addressed to site management, or other operational offices;
• By telephone including use of text messages / short message service
(SMS) from cell phones;
• Placing a comment in the community suggestion boxes at the site office;
and
• By registering a complaint in the Grievance Log Form at the contractor
or consultant’s office.
Regardless of the form of submission, the contractor’s or consultant’s SS Expert/ Community
Liaison Officer will be responsible for ensuring that all complaints are logged in a Grievance
Form. Where necessary, the specific SS Expert will arrange for a meeting with the concerned
parties so as to document the grievance.

All grievances reported to the Consultant will be filed in a dedicated file stored in the RE’s
Office.

The Consultant’s SS Experts will also track resolution of grievances filed with the Contractor
through regular inspection of the Contractor’s Grievance File and Grievance Log.

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The summary of all complaints (from both the Contractor and Consultant’s Grievance File)
must also be logged in the Grievance Register upon logging for tracking of the resolution
process.

The Register will also be stored in the RE’s Office.

All resolutions will be communicated to the affected parties in writing and a copy of the signed
acceptance / rejection of the ruling by the complainant stored in the Grievance File.

Step 2a: Assess and Assign

On receiving the complaint, the Contractor’s Social Safeguard Expert/Community Liaison


Officer will carry out the following steps;

i. Verify and establish the communication channels of the grievances by


identify mode of communication to be used to communicate feedback and
responses.
ii. Contact the concerned aggrieved and complainant parties and initiated
communication on way forward to commence investigation.
iii. Determine the mode and different ways of commencing assessment process.
iv. Ensure confidentiality is upheld in most levels of assessment process.
v. Carry out assessment process by identify and reaching out key parties
involved in grievances.
vi. Cross examine by triangulating issues raised and determine the key factors
wanting redress.
vii. Assign key informants to specific task during assessment process ensure
credibility of information is up to required standard.
viii. Ensure documentation of all data and information is secured and protected.
ix. Ensure each party commit to their words by signing the documents and
assessment materials for authentication process.
x. With each party, carry out validation process of information to ensure
acceptance and commitment of each party in assessment process.

Step 2b: Providing the Response /Acknowledgement

For general grievances, a resolution must be communicated to the complainant within 5


working days of logging of the grievance. However, grievances will first be categorized for
resolution based on validity and priority level by the SS Expert with full knowledge of the RE,
as below:

• High-Resolved / Actioned within 2 working days;


• Medium-resolved / Actioned within 4 working days;
• Low-Resolved / Actioned within 5 working days.

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Prioritization will be based on the risks as determined by the environmental and social
safeguards for the project as defined in the ESMP, the project license, Kenyan EHS policies
and other best practices.

Where no immediate corrective action1 is possible, the complainant will be notified in writing
within two working days of logging of the grievance on what the next steps are.

Step 2c: Investigating the Grievance

If the grievance has to be investigated, then the SS Expert will aim to complete investigation
within one week after the grievance first log-in. Depending on the nature of the grievance, the
approach and personnel involved in the investigation will vary.

With the full involvement of the RE, the SS Expert will then co-ordinate the constitution of the
investigative team and the participants of the grievance hearing. The Investigation Report will
at a minimum outline the approach taken, the participants, evidence collected and
recommendations of the investigations.

A hearing will then be held within two working days of the submission of the investigation
report and a resolution given.

Step 3: For Unresolved Grievances


If resolution is not met, it will be escalated to relevant external parties such as the officers of
the Deputy County Commissioner on the ground, or any other relevant authority. However, in
such a case, KeNHA will be notified prior to involvement of these external parties for a no-
objection.
In accordance with the laws of Kenya, parties have the right to go to the court system including
the Land and Environment Court. This will be the next option if all else fails.

However, the main principle of this mechanism is to deal with complaints as soon as is
practicable, expeditiously and in a transparent manner so as to avoid complainants deferring to
the justice System.

7.4 Management of Grievances under the project RAP

The grievance mechanism for the resettlement process was developed during the ESIA and
RAP Studies. The key aspects of the mechanisms are presented below:

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Table 4: Proposed grievance framework

Proposed Grievance Framework

Grievances related to the construction of the proposed Isinya-Konza-Road Project will be handled through
negotiations, which will be aimed at achieving consensus following the proposed procedures outlined below:

1. Grievances will be filed by the person affected by the project with the Local Grievance Committee, who in
consultation with the relevant Local Compensation Committee and the consultant’s representative (in all
likelihood, the socioeconomic survey valuer), will act within 15 days after receipt of the grievance.
2. If no understanding or amicable solution can be reached, or if the affected person does not receive a response
from the Local Grievance Committee within 15 days after receipt of the grievance, s/he can appeal to the
Commissioner of Lands through the auspices of the local Ministry of Lands officer who is to act on the
grievance within 15 days of its filing.
3. If the affected person is not satisfied with the decision of the Commissioner of Lands (or his delegate), s/he,
as a last resort, may submit the complaint to a court of law.

All grievances received in writing (or written when received verbally) will be documented.

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CHAPTER 8.0 ANALYSIS OF ENVIRONMENTAL IMPACTS

8.1 Definition and classification of impacts


An impact in this context refers to any change that is likely to cause change in the
environmental or socio-economic setting. The impacts can be either negative or positive. The
impacts may also be direct or indirect, localised dispersed or cumulative if they add to the
already existing impacts. They may also occur immediately or may be delayed in their timing.
Another description used is if the impacts are permanent in their persistence or temporary. The
impacts are also described using the phase that they occur in i.e. planning, operation or
construction.
The baseline biophysical and social environmental parameters established in Chapter 4 are
critically examined in this section in relation to the potential environmental and socio-
economic impacts of the proposed road upgrading project. In addition to adhering to the
mitigations below, the contractor needs to comply with the requisite national legislation and
regulations that are outlined in Chapter 3 of this report.
This Chapter identifies the potential environmental and social impacts of the proposed project,
based on the components of the explained data collection methods and procedures mentioned
in Chapter 1 sub chapter 1.5, in the context of the baseline conditions that have been established
in Chapter 4, and with due regard to applicable legislation described in Chapter 3. The
predicted impacts are then assessed using the Leopold matrix as explained below.
8.2 The Leopold matrix
The Leopold matrix is a grid that is used to identify the interaction between project activities,
which are displayed along one axis, and environmental characteristics, which are displayed
along the other axis. For the identification of impacts, a breakdown of the environment into
elements or factors that may be affected and a breakdown of the various actions or activities of
the project under study will be done.
8.3 Impact identification and evaluation
The Leopold matrix is an effective method of predicting impacts quantitatively. Quantification
means using numbers to indicate the impact. It is helpful in presenting information in summary
form to give readers an overview of the impact characteristics of the Project and the alternatives
to it.
Once the list of impacts or changes on the different elements of the medium has been
established they are characterized using the following features and criteria:
▪ Sign (Nature)
▪ Type
▪ Intensity.
▪ Extension.
▪ Time.
▪ Reversibility
▪ Recoverability
▪ Persistence.
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Table 5: Description of the terms used

Sign /Nature of the impact Alludes to the beneficial nature (+), bad (-)

Intensity It refers to the degree of impact on the factor, in


the specific area in which it operates. Ranked
from 1 to 3. The three expressed as an almost
total destruction of the factor in the area in which
the effect occurs

Type Refers to the nature of the impact, direct (3)


indirect (2) or cumulative (1)

Extension/Location An area of influence covered by the impact in


relation to the project environment. In this sense,
if the action produces a much localized effect
within the space, it is considered that the impact
is low (1). If, however, the effect does not
support a precise location within the project
environment, having a pervasive influence
beyond the project footprint, the impact will be
large (3). Intermediate situations are considered
as partial (2).

Timing Refers to the moment of occurrence, the time lag


between the onset of action and effect on the
appearance of the corresponding factor. We
consider three categories according to this time
period is zero, up to 2 years, or more than two
years, which are called respectively as
immediately (3), medium term (2), and long term
(1).

Reversibility It refers to the possibility of reconstructing the


initial conditions once the effect. Can be
characterized as short-term (1), medium term (2)
and impossible (3).

Recoverability It refers to the possibility of providing or not the


corrective measures to avoid or minimize impact.
For impacts with positive sign will not express
their recoverability

Duration/ Persistence Refers to the time that supposedly stays the


effect, from the onset of the action in question.
Two situations are considered, depending on
whether the action produces a temporary effect
(1) or permanent (3). It is therefore this generic
characterization because spaces are not discrete
time course associated with these categories and
because in any case, it is very difficult, in the

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limit, to discern on temporary or permanent
effects.

A logical and systematic approach was taken for impact identification. The aim was to take
into account all the important environmental/project impacts and interactions, making sure that
indirect and cumulative effects, which may be potentially significant, are not inadvertently
omitted. Individual environmental issue were also viewed in respect to the different facets of
the project.
The rating evaluation will be as follows:
Table 6: Key of the Rating Parameters

EVALUATION RATING RATING


PARAMETER
Nature of impact (NI) -Positive +
-Negative -
-Uncertain -/+
Type of impact (TI) -Direct 3
-Indirect 2
-Cumulative 1
Extent(EXT) -Disperse 3
-Medium 2
-Localized 1
Intensity (IT) -Major 3
-Medium 2
-Minor 1
Reversibility (R) -Short term, easily 1
reversible 2
-Long term, partially 3
reversible
-Not reversible
Timing (TM) -Immediate 3
-Medium 2
-Delayed, long term 1
Persistence (PI) -Temporary effect 1
-Permanent effect 3
Phase -O Operational period
-C Construction period

8.5 Impact magnitude Indicators

As pointed in LEGAL NOTICE No. 101 THE ENVIRONMENTAL (IMPACT AND AUDIT)
REGULATIONS, 2003 ARRANGEMENT OF REGULATIONS, SECOND SCHEDULE the
following issues may, among others, be considered in the making of environmental impact
assessments.
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• Impacts on the Physical Environment
• Impact on the Biological Environment
• Impact on socio-economic environment
The Magnitude or Importance impact represents the entity or significance of the effect, includes
the degree of incidence and the “form” of that effect, represented by other attributes. Its value
is clear from taking the attributes described by the following formula.
Imp = Sign (3Iij + 2Eij +Tmij + Pij + Rij),
Where:
Imp: Importance or magnitude of the impact generated by the action on the project I j
element of the medium
Ii: Intensity of the impact generated by the action on the project I j element of the
medium.
Ei: Extent of the impact generated by the action on the project I j element of the
medium.
Tmi: Timing, the moment of impact generated by the action on the project I j element
of the medium.
Pi: persistence of effect, from the onset of the action in question.
Ri: Possibility of reversibility.
In this study only two impact characterization parameters included in the matrix are not
considered in the impact magnitude valuation formula, these are the “type” and
“recoverability” (WB methodology, 1995).

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Table 7: Environmental Impact Matrix

Topic Element Action Impacts TI EX IT R TM PI Phase MG


Extent of vegetation clearance
Ground cover Project foot print 3 1 2 2 3 1 C/O 14
required
Clearance to Loss of mature indigenous/
2 1 1 2 3 1 C/O 11
create space medicinal species
Vegetation
Clearance to
Plant species
meet increased Accelerated degradation of
2 1 2 2 2 3 C/O 15
energy vegetation
requirement
Soil physical Civil and general Loss of top soil hence
2 1 1 2 1 1 C/O 9
properties works alterations of soil profile
Soil Civil and general Activities likely to lead to soil
Soil contamination 2 1 2 2 1 1 C 12
Resources works pollution
Civil and general
Soil Erosion Exposure to erosion agents 3 2 2 1 2 1 C/O 14
works
Civil and general Contamination of downstream
Water Quality 2 3 1 2 1 1 C 13
works surface water
Civil and general Contamination of ground
Water Quality 2 3 2 2 1 1 C/O 16
works water sources
Water
Increased surface runoff and
Resources Water
Water Quantity resulting soil erosion from 2 1 2 1 2 1 C/O 12
channelling
channeled water
Water abstraction Alteration of water supply as a
Water Quantity 2 3 1 1 1 1 C 12
for construction result of abstraction
Civil and general Dust and/or smoke generation
Air pollution 3 1 2 1 3 1 C 13
works during works
Air Quality
Traffic during Increased CO2 emission from
Air pollution 1 1 1 2 1 3 O 11
operation use of fossil fuel

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Change of visual of visual
Impact onthe Civil and general
Aesthetics impacts (features, vegetation 2 1 2 1 3 1 C 13
landscape works
removal)
Civil and general Consider machine type and
Excessive vibration
Noise and works and extent of vibration during 3 1 2 1 3 1 C/O 13
above ambient
Vibrations operation construction
Ingestion by livestock and
waste generation 1 3 2 2 2 1 C/O 17
Waste Solid waste wildlife
and handling
management Reduction in aesthetics 2 2 2 1 3 1 C/O 15
Invasive Invasive weed Civil and general Activities likely to aid in
2 3 2 2 1 1 C 16
weed species works proliferation of the weed
Civil and general
Extent of vegetation clearance
Topography Material sites works and project 3 1 2 1 3 1 C 13
associated with quarries
footprint
Occupational Accidents, injury and
Disease, accidents Civil and general
safety and exposure to diseases for the 3 1 2 2 2 1 C/O 13
and injuries works
health workers and road users
Works across Civil and general Impacts on trade and
2 1 2 1 1 1 C 11
trading centres works movement
Social
Family disruptions and
disruptions Civil and general
Resettlement relocation of business 2 3 1 2 1 2 C/O 14
works
premises

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The impacts have been rated in the table 3 above. The impact rating quantitative figures range
from 10-17. These have been categorised into
High 18 and above
Medium 17 - 15
Low to insignificant 14 and below

Rating Element Action Impacts


waste generation
Solid waste Ingestion by livestock and wildlife
and handling
Civil and general Contamination of ground water
Water Quality
works sources
Invasive weed Civil and general Activities likely to aid in
species works proliferation of the weed
Clearance to meet
Accelerated degradation of
Vegetation increased energy
vegetation
requirement
waste generation
Solid waste Reduction in aesthetics
and handling
Extent of vegetation clearance
Ground cover Project foot print
required
Civil and general
MEDIUM

Soil Erosion Exposure to erosion agents


works
Civil and general Family disruptions and relocation of
Resettlement
works business premises
Civil and general Contamination of downstream
Water Quality
works surface water
Civil and general Dust and/or smoke generation during
Air pollution
works works
Impact on the Civil and general Change of visual of visual impacts
landscape works (features, vegetation removal)
Excessive Civil and general
LOW

Consider machine type and extent of


vibration above works and
vibration during construction
ambient operation
Civil and general
Extent of vegetation clearance
Material sites works and project
associated with quarries
footprint
Disease, Accidents, injury and exposure to
Civil and general
accidents and diseases for the workers and road
works
injuries users

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Soil Civil and general Activities likely to lead to soil


contamination works pollution
Increased surface runoff and
Water Quantity Water channelling resulting soil erosion from channeled
water
Water abstraction Alteration of water supply as a result
Water Quantity
for construction of abstraction
Clearance to Loss of mature indigenous/
create space medicinal species
Traffic during Increased CO2 emission from use of
Air pollution
operation fossil fuel
Works across Civil and general
Impacts on trade and movement
trading centres works
Soil Physical Civil and general Loss of top soil hence alterations of
properties works soil profile

8.6 Potential environmental and social impacts


8.6.1 Potential Construction Phase Positive Impacts
The project road is connecting A8 at Malili with A2 at Isinya and it’s the only section of the
B50 road untarmacked. Once the project road is complete it will largely revitalize the socio-
economic growth of the areas as enumerated below:

8.6.1.1 Gains in the local and national economy


Through the provision of employment to the locals, income from the salaries and wages will
improve the economy of the town centres and the county at large. The contractor is also
expected to purchase most of his materials from the project area and as such contribute
positively to the local and national economy. The materials for construction will also be
sourced from other areas within the nation hence positively affecting the national economy.

8.6.1.2 Transfer of skills


During construction of the road, many people from within and without the area will be
employed to provide different services. As such, the local people will learn new skills from the
civil engineers, welders, masons and other employees that come from outside.

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8.6.2 Potential Operation Phase Positive Impacts

8.6.2.2 Increased Business Opportunities and Improvement of Local Socio-Economy


The road upgrade will increase business and boost the economy of the five counties. The road
provides national, regional and local links. This will expand the market centres hence
expanding and attracting investors and businessmen. This will improve incomes, transportation
of goods, commodities and services will be transported everyday along the road as market days
are allocated to each of the main trading centres during the week. The new road will also lead
to the expansion of various businesses in various towns located along the road. There is high
possibility of expansion of petrol stations, hotels and restaurants, shopping malls, etc. due to
increased number of motor vehicles (and people) using the route
Construction of the road will reduce the travel time and travel costs of people and goods within
the five counties and beyond. It will also lead to an increased number of bus and matatus
operators hence making transportation cheaper and efficient. Related to that is the
transportation of goods and farm produce to the markets which will be facilitated by the new
road. This road will provide an essential link for delivery of agricultural inputs produce and
products in the project area;
a. Increased access to markets;
b. Reduced wastage due to spoilage due to lack of access to the markets;
c. Access to value chain centre viz, buying centres, factories and subsequently reducing
transport/marketing cost;
d. Easy access by the extension officers to educate farmers on good production practices

8.6.2.3 Improved Road Safety


Road projects can lead to reduction in accidents when they involve significant improvements
in vertical and horizontal alignments, improved carriageway width, junction layout or greater
separation of pedestrians, non-motorized traffic and motor vehicles. The improvement of the
project road may lead to significantly increased running speeds; the standard speed of the road
will be 80 Km/hr - 100 Km/hr and is likely to induce significant generation of traffic. This will
shorten the travelling time and transportation cost. The proposed project design will contribute
to improving road safety and the comfort of road users in several ways such as; Sight distance
and visibility especially at approaches to bridges will be improved; Road signs (both warning
and directional) and road markings will be included in the design; adequate shoulders will be
designed throughout its road corridor.
8.6.2.4 Improved aesthetics
The current condition of the road generates a lot of dust with the effect visible on the
surrounding vegetation bordering the road alignment. The upgrading of the road to bitumen
standards will lead to improved aesthetics of the area.

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8.6.2.5 Urbanization
Completion of the proposed road will lead to the rapid development and expansion of town
centres (Isinya, Osewuan, Ilpolosat, Konza and Malili) to provide support services for the
revamped transportation corridors. Such sporadic development may affect designated land use
in some urban and other centres. Agricultural land may convert to residential or even
commercial. However increased population in the area due to new opportunities puts pressure
on land use, land cover and change in designated land-use which will be managed through
urban and town planning by the county Government.
8.6.3 Negative Impacts and Mitigation Measures
8.6.3.1 Topography and Geology
Impacts
• Destabilization of terrain stability during earthwork, excavations
• Alteration of baseline landforms during excavations, earthworks
• Accelerated erosion after earthworks
• Development of pits at material sites (quarries and borrow pits)
Mitigation Measures
• Slope gradient maintenance and controlled borrow pits and quarry excavation to
ensure gentle phases
• Erosion control measures in excavated borrow pits areas and working sites along the
road
• Site reclamation or rehabilitation during decommissioning phase of the project.
Residual Impacts: (Magnitude, Geographic Extent, Duration, Significance, Reversibility)
• During the construction phase the noted impacts will have a medium magnitude, with a
localized geographical extent. Their duration will be short-term during earth works and
not reversible. The impacts will have localized major significance.
• During decommissioning stage, noted impacts, earthwork related impacts will be reversed
through rehabilitation process, which will include slopes protection, rehabilitation of
material sites and borrow pits.
Recommendations
Contractor to adhere to the ESMP

8.6.3.2 Air Pollution

Impacts
In the construction phase, the excavations, demolitions, and transportation of building
materials will result in the emissions of large amounts of dust within the project site and
surrounding areas. Asphalt, concrete and batching plants are also possible sources of dust
and air pollution within the project area. The diversion of traffic in the construction phase
will also contribute to dust emissions.
Mitigation Measures
• Sprinkling of water on dry and dusty surfaces regularly including the access roads
and diversion tracks.
• Add suitable soil stabilizers on access roads or pave access roads to control dust.
• Erection of dust screens around buildings under construction especially at the
workers’ camps. Dust control measures should be adopted at concrete batching
plants, providing adequate PPE to staffs, canopying loading points and erecting
dust screens around the plant.

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• The contractor is expected to conduct separate ESIAs for the batching plants and
monitor the dust levels periodically
• Collecting storm water and use to de-dust the construction site and the all-weather
access roads if volumes stored are sufficient.
• Comply with personal protective clothing requirement for dusty areas such as dust
masks and protective glasses.
• Enforce onsite speed limit regulations.
• Re-vegetating exposed areas during the operation phase of the project.
• Sprinkling water along the diversion routes or earth along the road section.
• Slowing the speed of traffic by using bumps and/ or clearly marked road signs may
contribute to reducing dust levels.
• Haulage routes will need to be identified and maintained by watering to minimize
the impact of dust.
• Dust control mechanisms at the gravel borrow sites through extraction in wet
conditions and transport in covered trucks.
• Implement dust control measures at the quarry sites and aggregate crushing sites.
• Covering heaps and berms of soil.
• Adhere to the Environmental Management and Co-ordination (Air Quality)
Regulations, 2014.
To mitigate exhaust emissions, it will be mandatory to:
• Procure machines, equipment and vehicles which are environmental friendly.
• Ensure machines and vehicles are properly and regularly maintained.
• Discourage plant operators and drivers of construction vehicles from unnecessary
revving and idling.
• Limit construction traffic movement and operations to the most necessary
activities through adequate planning.
• Sensitize construction drivers and machinery operators to switch off engines when
not being used.
• Ensuring that the construction machines, equipment and vehicles have the requisite
inspection certificate.
• Control the speed of the traffic movement by through adequate policing and
monitoring.
• Adhere to the Environmental Management and Co-ordination, Fossil Fuel
Emission Control Regulations 2006.

Residual Impacts (Nature of Impact, Geographic Scale, Significance)


Negligible; Temporary, Local, Minor. Only to be experienced within the construction
sites, quarries and during material haulage.
Recommendations
Contractor to adhere to the ESMP

8.6.3.3 Noise and Vibrations

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Impacts
Because of excavation, construction and demolition works, there will be high noise and
vibration levels in the project area. Noise and vibrations will emanate from transportation
vehicles, construction machinery, metal grinding and cutting equipment, and among
others. Excavation works will also cause vibration and noise. Quarries and borrow pits
that will be used for sourcing of road construction material will also result to noise
emissions.

Mitigation Measures
• Sensitize drivers of construction vehicles and machinery operators to switch off
engines or machinery that are not being used.
• Ensure that all vehicles and construction machinery are kept in good condition all
the time to avoid excessive noise generation.
• Ensure that all workers wear ear muffs and other personal protective
gear/equipment when working in noisy sections.
• Undertake loud noise and vibration level activities during off-peak hours during
the day (i.e. between 8.00 am and 5.00 pm).
• Acquire Noise and Excessive Vibrations Pollution Control Permit and comply with
conditions provided by the Environment Management and Coordination, Noise
and Excessive Vibrations Pollution Control Regulations 2009.
• Support facilities such as hard rock quarries should adopt controlled blasting
techniques, preventing flying rock debris and high intensity vibrations.
• The management should equally observe relevant explosives use and blasting
permits provided by the Inspector of Mines and Geology.
• Blasting activities along the road corridor and associated quarries should adhere to
the provisions of the blasting Act and the NEMA Environment Management and
Coordination, Noise and Excessive Vibrations Pollution Control Regulations
2009.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
The nature of impact is negligible. The impacts geographical scale will mainly be localized
to construction sites only and impacts significance will be negligible.
Recommendations
Contractor to comply with the ESMP

8.6.3.4 Waste Management

Impacts
Volumes of solid wastes will be produced during the construction phases of the project
development. Solid waste materials will be generated during earthworks as well as from
various packaging materials. The entire road project area is full of black cotton soil not
quite good for road construction earth works and will need to carted away. Solid waste
generation during operation and maintenance activities will include road resurfacing waste
(e.g. removal of the old road surface material), road litter, illegally dumped waste, or
general solid waste from campsites; vegetation waste from the clearance of road reserves;
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and sediment and sludge from storm-water drainage system. Paint waste may also be
generated from road and bridge maintenance (e.g. due to removal of old paint from road
stripping and bridges prior to re-painting).
Mitigation Measures
• Maximizing the rate of recycling of existing road resurfacing waste either in the
aggregate;
• Incorporating recyclable materials (e.g. glass, scrap tires, certain types of slag and
ashes) to reduce the volume and cost of new asphalt and concrete mixes.
• Collecting road litter or illegally dumped waste and managing it according to the
recommendations in the General EHS Guidelines and Waste Management
Regulations, 2006.
• Provision of bottle and can trash disposal receptacles at parking lots to avoid littering
along the road.
• Obsolete products should be managed as a hazardous waste as described in the
General EHS Guidelines.
• Collecting animal carcasses in a timely manner and disposing them through prompt
burial or other environmentally safe methods.
• Composting of vegetation waste for reuse as a landscaping fertilizer.
• Managing sediment and sludge removed from storm drainage systems maintenance
activities as a hazardous or non-hazardous waste based on an assessment of its
characteristics.
• Management of all removed paint materials suspected or confirmed of containing
lead as a hazardous waste.
• Develop and implement a Construction Waste Management Plan before start of the
project.
• Sub-contract a licensed waste handling firm to collect solid wastes on regular basis
and dispose off in approved dumping sites.
• Drainage outfalls should be properly constructed to reduce the erosion from surface
runoff and storm water.
• Comply with provisions of the Environmental Management and Co-ordination,
Waste Management Regulations 2006.
Residual Impacts
The residual impacts are as follows:
• The impact of excavation waste is expected to be slight, negative and for short-
term.
• The impact of construction waste is expected to be imperceptible.
• The impact of operational waste is expected to be imperceptible.
Recommendations
Contractor to comply with the ESMP

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8.6.3.5 Road Safety

Impacts
While the upgrading of the Isinya-Konza-Malili road is expected to improve road safety,
there is likelihood of new numbers of incidents arising from potential high speeds and
vandalism of road furniture such as guard rails that contribute to road safety. Other impacts
include;
• Possible interference with the normal flow of traffic during construction will
have potential effects on travel times.
• Generation of dust and gaseous emissions from machinery may have potential
implications to public health.
• Potential disruption of drainage systems leading to possible ponding and hence
attracting vectors breeding.
• Potential risks to road safety from trucks transporting construction materials to
the road sections.
• Possible health risks from elevated noise levels, especially for any night time
construction activities.
• Risks to pedestrians and wildlife moving within the road corridor during the
works (pedestrian – traffic conflicts, slips and falls into drains and
embankments, etc.).
Mitigation Measures
• Before commencement of construction activities, the contractor, shall be required
to come up with Traffic Management Plan to aid traffic movements at sites;
• The contractor will be required to place trained traffic marshals strategically at
operations sites;
• Installation and maintenance of appropriate road safety provisions (road furniture,
speed controls etc.) before commissioning as well as during the operation of the
project.

Residual Impacts (Nature of Impact, Geographic Scale, Significance)


•During construction phase, the nature of impact is negligible. The impacts
geographical scale will mainly be localized to construction sites only and impacts
significance will be of major significance.
• During operation phase, the impacts will be localized and significant.
Recommendations
Contractor to adhere to the ESMP

8.6.3.6 Material Sites and Material Haulage

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Impacts
The impacts anticipated from materials extractions and haulage such as to include the
following;
• Potential elevated noise emanating from materials extraction activities and
delivery trucks to the immediate residents.
• Vibrations from the material extraction machinery have a potential to cause
cracking of buildings.
• Over-abstraction of water for construction from public sources of water could
compromise on availability of the same for basic social needs.
• Emission of dust and gaseous discharges from material abstraction machinery
will create potential aesthetic pollution, air pollution and risks to health.
• Removal of vegetation cover and top soils affects the land soil quality.
• Borrow pits left open have potential health and safety risks to the local
communities, children and their animals.
• Sources of sand mainly outside the project area have potential risks to damage
the river beds.

Mitigation Measures
• Environmental impact assessments (EIA) to be undertaken prior to extraction of
materials from identified sites and approved by NEMA.
• Operations of the materials sites to be guided by respective management plans
established and approved under the ESIA,
• Material extractions and delivery should only be done during the day.
• If borrow pits and quarries are operated, they be fenced off.
• Proper handling and management of liquid effluent and used waste oil to forestall
incidence of surface water bodies
• Any abstraction of water from the existing river systems or from boreholes should
be undertaken after acquisition of the prerequisite licenses,
• Rehabilitation of materials sites to take place upon exhaustion (Contractors will
provide appropriate rehabilitation plans for each material site).
• If commercial material sources are adopted, the Contractor(s) should ensure due
diligence process is followed by the suppliers at all times,
• Material extraction and haulage should be done in dump conditions to keep dust
low, especially if it is located within settled areas.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
•During the construction phase the noted impacts will have a medium magnitude,
with a localized geographical extent. Their duration will be short-term during earth
works and not reversible. The impacts will have localized major significance.
• During decommissioning stage, noted impacts, earthwork related impacts will be
reversed through rehabilitation process, which will include slopes protection,
rehabilitation of material sites and borrow pits.
Recommendations

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Contractor to adhere to the ESMP

8.6.3.7 Health Aspects

Impacts
The residents along the proposed road corridor expressed concern that there would be an
increase in incidences of sexually transmitted diseases including HIV and AIDS especially
during construction of the road because of increased prostitution.
Mitigation Measures
• Develop a comprehensive STDS, HIV and AIDs awareness and control
programmes such as provision of condoms to workers both male and female.
• Provision of STDs, HIV and AIDS prevention measures to workers.
• Creation of awareness of STDs, HIV/AIDS in workers camps through trainings
and installation of posters.
• Adhere to and implement the Sexual Offences Act, 2006 and its amendment 2012.

8.6.3.8 Occupational Health and Safety Impacts

Impacts
The Occupational safety and health issues associated with the construction and operation
of the proposed road will include; physical hazards, chemical hazards and noise hazards.
Chemical hazards in road construction, operations, and maintenance activities will
principally be associated with exposures to road construction materials, dust during
construction; exhaust emissions from heavy equipment and motor vehicles during all
construction activities. Road construction and maintenance personnel can be exposed to a
variety of physical hazards from operating machinery and moving vehicles but also
working at elevation on bridges and overpasses. Other physical hazards include exposure
to weather elements, noise, work in confined spaces, trenching, contact with overhead
power lines, falls from machinery or structures, and risk of falling objects. There is also a
possibility of accidents when transporting workers to the construction sites and social ills.
Mitigation Measures
• Develop and enforce a fleet management plan for road construction that includes
measures to ensure work zone safety for construction workers and the travelling
public.
• Establishment of work zones to separate pedestrians and livestock travelling by
foot from vehicular traffic and equipment by routing of traffic to alternative roads
where possible.
• Regular issuance of appropriate PPEs and regular trainings on proper use and
maintenance of PPEs
• Conduct basic Occupational Health Training programs to construction workers
during construction phase.
• Ensure workers are oriented to the specific hazards of individual work assignment.
• Conduct toolbox talks focusing on relevant health and safety issues.

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• HIV/AIDS, STDs awareness, training and prevention services to be offered


throughout the project period.
• A Code of Conduct should be distributed to all workers, and health personnel
should reinforce their efforts to combat diseases during the construction period.
• Workers to be sensitized on the consequences of social ills and promiscuous
behaviour (over consumption of alcohol, STDs, HIV /AIDS etc.).
• Contractor to establish mobile clinic within the construction sites
• Use protective barriers to shield the public from vehicular traffic, regulation of
traffic flow by warning lights, design of the work space to eliminate or decrease
blind spots, and ensure reduction of vehicle speeds in work zones.
• Training of workers in safety issues related to their activities, such as the hazards
of working on foot around equipment and vehicles.
• Issuance of permits to work when undertaking hazardous tasks
• Ensure safe practices for work at night and in other low-visibility conditions,
including use of high-visibility safety apparel and proper illumination for the work
space (while controlling glare so as not to blind workers and passing motorists).
• Barricade the area around which elevated work is taking place to prevent
unauthorized access. Working under personnel on elevated structures should be
avoided.
• Hoisting and lifting equipment should be rated and properly maintained, and
operators trained in their use.
• Elevating platforms should be maintained and operated according to established
safety procedures including use of fall protection measures (e.g. railings).
• Use of the correct asphalt product for each specific application and ensuring
application at the correct temperature to reduce the fuming of bitumen during
normal handling.
• Maintenance of work vehicles and machinery to minimize air emissions.
• Reduction of engine idling time in construction sites; Use of extenders or other
means to direct diesel exhaust away from the operator;
• Ventilation of indoor areas where vehicles or engines are operated or use of
exhaust extractor hose attachments to divert exhaust outside.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
• During construction phase: Negligible; Temporary, Local, Minor. Only to be
experienced within the construction sites, quarries and during material haulage.
• During operational phase: Negligible nature of impacts which will be temporary,
localized and of minor significance.
Recommendations
Contractor to adhere to the ESMP

8.6.3.9 Loss of Biodiversity

Impacts

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Potential impacts to biodiversity could arise due to the physical disturbance during the
construction, contamination of the environment due to chemical/ oil spillage or leakage and
inappropriate liquid and solid waste disposal mechanisms. Removal of vegetation and
topsoil during the construction and also creation of deviations and other ancillary facilities
will lead to impacts such as a loss of wildlife habitat, reduction in plant diversity, potential
for increased erosion, and potential for the introduction of invasive flora species. Indirect
impacts to vegetation would include increased deposition of dust, spread of invasive and
noxious species, aquatic pollution, water quality deterioration, and the increased potential
for wildfires. Dust settling on vegetation may alter or limit plants’ abilities to
photosynthesize and/or reproduce. These processes may lead to the reduction in habitat, food
and nutrient supplies and breeding areas.

Mitigation Measures

• Separate EIAs should be conducted for camps, borrow pits, quarries, boreholes (if
any) and other ancillary facilities.
• Minimize clearing and disruption of riparian vegetation.
• Provide adequate protection against scour and erosion; and consider the onset of the
rainy season with respect to construction schedules.
• Minimize clearing of indigenous plant species and replanting of indigenous plant
species in disturbed areas.
• Explore opportunities for habitat enhancement through reduced clearance to
conserve or restoration native species.
• Employ vegetation rehabilitation techniques to recover lost plant cover such as
Reforestation and Afforestation.
• The contractor is expected to comply with the National Sand Harvesting Guidelines
provided by NEMA and the County Governments
• Undertake an inventory/ Review existing information on species and habitats in the
project area. Contact appropriate agencies early in the planning process to identify
potentially sensitive ecological resources that may be present in the project area.
• Conduct pre-disturbance surveys in order to locate site facilities away from important
ecological resources (e.g., wetlands, important upland habitats, sensitive species
populations).
• Ensure protection of important resources by establishing protective buffers to
exclude unintentional disturbance.
• Install proper signages and speed calming measures in areas that are known to be
fauna dispersal areas.
Residual Impacts: (Value/Sensitivity, Magnitude of Impact, Significance)

• Impacts of High Sensitivity value:


• Their magnitude is minor

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• Their significance is adverse


Recommendations

Comply with recommendations in the ESMP.

8.6.3.10 Impacts on surface water quality


Impacts
There will be an increase in the generation of wastewater and sewage during the
construction phase of the project. The increases will take place at construction camp sites
and in various towns located along the road. This is attributed to increased activities in
these towns. There will be impact due to oil spillage, disposal practices of used oil, oil
filters during the construction of the project. Possible impacts include: pollution of
groundwater sources during construction phase (bridges construction work) interference
with existing community water sources during construction phase, infiltration of
contaminants from on-site activities into soils, pollution and degradation of water quality
of underlying aquifer during earthwork, excavations, oil wastes from the camp/garage and
impact to human health through direct exposure to contaminated drinking contaminated.
Mitigation Measures
• Drainage structures that will be constructed –cross culverts, at the river courses be
at appropriate positions.
• Stone pitching and side drains to cover meaningful lengths along the prone
protection areas.
• Timing of the construction of proposed bridges to coincide with dry periods when
water levels in the rivers are low to avoid possible water pollution.
• Contractor to avoid dumping of waste materials within the riparian zones/ within
the watercourses.
• Bitumen trucks should be washed at designated areas only.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
•During construction phase the noted impacts have low significance since they are
site based and localized to construction sites only. They have minimal significance
due to their limited site specific geographical scale.
• During operational phase, the listed impacts will have low magnitude of impacts
along the 417.5km road project (extent).
Recommendations
Contractor to adhere to the ESMP

8.6.3.11 Land Resources

Impacts
The construction of the proposed road project requires substantial quantities of materials
that will be sourced from either existing or new borrow pits and quarries. This will impact

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in areas where such materials will be obtained from and hence a recommendation that
those sites should undertake site specific EIAs before authorization of quarrying activities.
The extraction and transportation of these materials will also result in the distortion of the
ground structure, vegetation loss, dust emission, oil spills, noise and increase potential for
accidents. Such sites if artisanal in nature may pose safety issues to the public due to
possible falls. Further, the quarries and borrow pits associated with extraction of raw
materials may collect water which will form ponds especially during rainy seasons. Such
stagnant water is highly suitable breeding grounds for mosquitoes and other diseases
vectors thereby bringing about water borne diseases such as malaria, cholera, and typhoid.
Other impacts will include: Loss of and productivity potential; Permanent loss of natural
(material) resources; and increased susceptibility to soil erosion.
.
Mitigation Measures
• The materials should be sourced from an approved site after ESIA/ EIAs are done
per borrow site or quarry;
• There should be adequate re-use of the excavated waste materials;
• Temporary nuisance should be addressed by organizing a public “baraza” where
the public can be made aware of the impending road works;
• Blasting should take place at designated times and the affected public within
approximately 5km radius duly informed;
• The borrow pits should be clearly indicated on a plan and approved by the relevant
authorities such as County Departments and Department of Mines and Geology;
• Where compensation and relocation are required, land value should be
determined by independent surveyor/ valuer or other component body such as the
Ministry of Lands;
• The explosives should not be kept on the sites; instead they should be delivered
to the site as and when necessary from special storehouses managed by the
contractor;
• There should be adequate landscaping, backfilling and draining of the depressed
areas to prevent breeding grounds for disease vectors, this should be ascertained
by KeNHA or NEMA County Directors;
• The borrow pits and quarries should be located more than 500 metres from the
watercourses and in a position that should facilitate the prevention of storm water
run-off to prevent run off from the site entering the water course; Adequate notice
should be given in advance to the nearby communities of the intention to excavate
the borrow pits and quarries.
Residual Impacts: (Value/Sensitivity, Magnitude of Impact, Significance)
The noted impacts have high significance in relation to respective site specific land use.
The impacts have minimal significance due to their limited site specific geographical
scale.
Recommendations
The Contractor to comply with ESMP requirements

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8.6.3.12 Increased rate of soil erosion


Impacts
Construction of the road will involve creation of a large impervious surface that restricts
the infiltration of rainwater. This leads to high generation of surface runoff that flows on
the sides of the road in drainage ditches. Where the surface runoff is channeled directly to
bare steep slopes with loose soil, it can lead to serious soil erosion problems. This can
undermine the stability of the road including associated facilities such as bridges.
Sediment and erosion from construction activities and storm water runoff may also
increase turbidity of surface waters.
Mitigation Measures
• Cut and fill areas: Road design activities should aim at balancing and fill activities
to reduce the net quantities of soil either for disposal or borrowing. All cut, and fill
sites will be replanted with sod grass to complete cover while the edge of the road
reserve will be marked with a row of locally adapted tree species.
• Project will avoid opening new materials borrow sites: In as much as possible, hard
rock will be sourced from existing quarries. However, there may be need to open
up new quarries in some areas. Such opening will be followed by rehabilitation of
the quarry site prior to closure of the contract. An Environmental Management and
social Plan is expected to be developed and cleared for each of the material site
opened under the project.
• Rehabilitation of borrow areas: During quarrying and other works involving
removal of top soil, each layer not required should be stockpiled separately for re-
use to reinstate quarries and other material sources after exhaustion. Towards
mitigation of craters left behind after material extraction, all land acquired for
material extraction will be backfilled and re-instated. Where the top soil does not
fill the pit, water draining tunnels will be constructed to prevent /minimize
stagnation of water.
• The contractor will source building materials such as gravel, sand, ballast and hard
core at the project locality. Consultation should be held with the community
members and their representatives on the best sites to source materials and
rehabilitation measures should be agreed.
• It is recommended that environmental impact monitoring should be conducted for
such activities or in consultation with County Director to ensure environmental
conservation and rehabilitation after use. The contractor should ensure application
of acceptable environmental performance standards and that the negative impacts
of their activities at the extraction sites are considerably well mitigated.
• To reduce the negative impacts on availability and to ensure sustainability of the
materials, the contractor should only extract what will be required through accurate
budgeting and estimation of actual construction requirements. This shall ensure
that materials are not extracted or purchased in excessive quantities. Moreover, the
contractor will ensure that wastage, damage or loss (through run-off, wind, etc.) of

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materials at the construction site is minimal, as these would lead to additional


demand for and extraction or purchase of the materials.
• In addition to the above measures, the contractor should consider reuse of
excavated materials and use of recycled materials. This will lead to reduction in
the amount of raw materials extracted from natural resources as well as reducing
impacts at the extraction sites.
• All exhausted quarries and borrow pits should be isolated, protected and
rehabilitated to usable state before the contract closure.
Residual Impact (Magnitude, Geographic Extent, Duration, Significance, Reversibility)
• During Construction phase the impacts’ magnitude will be low and localized
within the construction sites only. Impacts duration will be intermittent and short
term over rainy weeks/months during the construction. Their significance will be
minor and not reversible in case they occur.
Recommendations
The Contractor to comply with the ESMP during construction

8.6.3.13 Soil contamination


Impacts: The analysis of the potential project impact discussed in this section is related
to the possibility that during the implementation of the proposed road project activities,
poor waste management, and oil/fuel and chemical leaks will contaminate the soil, thus
affecting its quality.
Pollution of soil may result from discharge of fuel, chemicals and construction material
spillage onto soil. Biodegradable and non-biodegradable wastes will be generated during
the construction phase. These will include stones, sand, steel (metallic bars), insulators
and other construction materials. Plastic wastes such as mineral water bottles, polythene
bags, jerry cans, and other plastic accessories may also be generated at the camps and in
the fields. Organic wastes such as foodstuff and human waste will also be generated at
the camps and work centres. Accidental spillages of oil and grease from the garage,
workshops, asphalt plant, fueling station, crusher site, fuel off-loading sections and
construction machineries may also result in soil contamination.

These wastes, if not well managed, have the potential to contaminate the surrounding soil
and alter both its chemical and physical properties thus affecting its productivity. The
impact is only envisaged during construction phase.

Mitigation Measures

• The Contractor shall ensure that all wastes generated during construction activities
such as conductors, steel and metallic bars, insulators and other accessories are
collected and disposed of appropriately at designated sites;
• All plastic waste generated (at campsites and in the course of undertaking works)
such as mineral water bottles, polythene bags, jerry cans, will be collected
preferably in mobile vans and handed over to a licensed waste collector or re used;

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• Soil and gravel should be shaped and compacted immediately after transport to its
destination. Spoil from the earthworks should be dumped in a central place and
covered
• Maintain spill kits at the contractor’s garage, workshops and those areas
experiencing spillages.
• Storage of oil and tar drums should be done on concrete floors to prevent exposure
of soil to contamination
• Construction activities should be carried out during the warm seasons. This will
aid in compaction of the surface material and reduce the loss of soil and gravel by
storm water runoff
• Re-vegetation of excavated areas to ensure ground stability.
• Scour checks and stone pitching should be done on steep sections of the road to
minimize erosion
• The waste management hierarchy will be followed during the construction phase.
According to this hierarchy, source reduction of waste will be the first option and
disposal of unavoidable waste as option of the last resort;
• Undertake routine preventive maintenance of motorised equipment to avoid any
fuel leakage and spills;
• Storage of fuels and oils should be undertaken in a manner that does not allow
leakage to the soil as the fuel can readily infiltrate the soils polluting the soils,
ground and surface water; and Collect and dispose of all waste generated from
project activities in accordance with EMCA (Waste Management) Regulations
2006 and international best practice
.
Residual Impact (Magnitude, Geographic Extent, Duration, Significance, Reversibility)
The impacts’ magnitude will be low and localized within the construction sites only.
Impacts duration will be intermittent and short term over weeks/months within the
construction sites only. Their significance will be minor and not reversible in case they
occur.
Recommendations
The Contractor to comply with the ESMP during construction

8.6.3.14 Social Impacts

Impacts
During the implementation of project activities, the local social service sector will be
overwhelmed by the presence of project employees who may be in need of these services. If
the project leads to in-migration, it will increase pressure on social service infrastructure like
housing, health, water sources and sanitation facilities in the area when people move into the
community in anticipation of employment opportunities. With an increase in the population
of the area boosted by the project employees the social set up of the area will be affected.
This change may be in the form of lost social norms and morality, an increase in school drop-

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out due to cheap labor, child labor, and increased incidences of HIV/AIDS and other
communicable diseases.

Mitigation Measures
• The contractor should develop and implement labour influx plan, an employee code
of conduct and child protection strategy during the project implementation phase.
• The project is located in areas that are settled therefore most of the workers may end
up renting accommodation in the towns and from home owners. For those who may
reside in cams provided by the contractor, the camps camp will have the necessary
social service amenities like health, water and sanitation facilities for the workers.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
The nature of impacts (will be negligible along proposed project road. The impacts
geographical scale will mainly be localized to construction sites only and impacts
significance will be negligible.

Recommendations
Contractor to comply with the ESMP

8.6.3.15 Displacement of People

Impacts
There is inadequate road reserve since the existing ROW is only 15m wide. Consequently,
there will be significant land uptake as guided by the project design. In such an eventuality,
a comprehensive Resettlement Action Plan (RAP) shall be developed in order to take care
of the project affected persons.
Mitigation Measures
• Relocate all facilities affected in consultations with various parties affected with
respect to water, sewerage, pipelines, and electricity.
• Involvement and continuous consultation of key stakeholders and community
members with respect to water, pipelines, and electricity at all stages of the project
cycle.
• Use of an integrated approach in planning public utilities by sharing most transport
corridors for roads, water, sewerage, electricity lines, etc.
• Provision of employment in the project for the squatters where possible.
• Put in place a grievance redress mechanism as discussed in chapter Seven (7) of this
report.
Residual Impacts (Nature of Impact, Geographic Scale, Significance)
The nature of impacts will be negligible. The impacts geographical scale will mainly be
localized to construction sites only and impacts significance will be negligible.

Recommendations
Contractor to comply with the ESMP
8.6.4 Cumulative Impacts

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Cumulative impacts are the impacts, which result from the incremental impact of the action
when added to other past, present, and reasonably foreseeable future actions regardless of what
agency or person undertakes such other actions.
There will be no impact to fauna due to the limited spatial scale and short temporal duration of
the project, in relation to the present human and environmental pressures that they are exposed
to. No threatened species of flora was identified in the area during the field surveys, while there
exist faunal species within the dispersals of the road traverse.
In the context of previous road construction projects that have been completed all over the
county no significant environmental impacts have been recorded, therefore the proposed
project is expected to register a very insignificant impacts. In this regards, the cumulative
impacts on the soils, vegetation, habitat and biodiversity of the area are considered
insignificant.
Due to the spatially restricted scale of the project, any inadvertent pollution arising from the
operations would be localised and mostly site-specific, but it is expected that such incidents
will not arise on the basis of the proposed mitigations. The scale of fugitive particulate material
and the generation gaseous emissions and their impacts on the surrounding environment will
be negligible on account of the scale of the operation, its temporary nature, and the mitigations
that have been proposed.

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CHAPTER 9.0: ENVIRONMENTAL AND SOCIAL MANAGEMENT
PLAN
9.1 Introduction

Environmental and Social Management Plan (ESMP) is an environmental management tool


used to ensure that undue or reasonably avoidable adverse impacts of the construction,
operation and decommissioning of a project are prevented; and that the positive benefits of the
projects are enhanced. Environmental and Social Management Plan (ESMP) involves the
protection, conservation and sustainable use of the various social and environment elements or
components. The ESMP for the proposed project provides all the details of project activities,
potential impacts, suggested mitigation measures, desired outcomes, objective indicators,
responsibilities and commitments proposed to minimize environmental impacts of activities,
including, monitoring and evaluation during implementation and decommissioning phases of
the project.
The tool for achieving this is the incorporation of an Environmental and Social Management
Plan (ESMP) into the ESIA to ensure adherence and future compliance with legislation, good
environmental performance, and integration of environmental and social issues into the project
decision. The ESMP provides the means of assessing the accuracy of the predicted project
impacts and the monitoring of the effectiveness of the proposed mitigation measures contained
in the ESIA study report. The ESMP should therefore indicate how the environmental concerns
highlighted in the ESIA would be managed.
9.2 Objectives of the ESMP
The objectives of the ESMP are to:
• Adhere and address necessary legal frameworks and other requirements;
• Promote environmental management and communicate the aims and goals of the
project ESMP to all stakeholders;
• Incorporate environmental management into project design and operating procedures;
• Ensure all workers, contractors, sub-contractors and others involved in the project meet
all legal and institutional requirements with regard to environmental management;
• Provide a framework for implementing commitments of the project (i.e. mitigation
measures identified in the EIA);
• Prepare and maintain records of project environmental performance (i.e. monitoring,
audits and compliance rating); and
• Prepare an environmental monitoring plan whose aim is to ensure that the negative
environmental impacts identified in Chapter 7 of this EIA report are effectively
mitigated by way of design, construction, operational and decommissioning stages of
the project.
• Respond to unforeseen events and
• Provide feedback for continual improvement in environmental performance

9.3 Cost of implementation of the ESMPs


For effective implementation of the ESMPs, the project must establish an Environment, Health
and Safety (EHS) unit that will be responsible for Project environmental Monitoring and
Evaluation to ensure compliance to NEMA. The project contractor will be required to produce

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periodic reports on project environment monitoring to be sent to the concerned agencies for
information and supervision. The contractor will be responsible for all costs of implementing
the project’s EIA license conditions, including the ESMPs and the actual costs of public
involvement in the ESIA process. Hence all costs proposed in the ESMPs below will be
incurred by the project contractor. The costs outlined are current costs mainly for project
environmental monitoring and evaluation to ensure compliance to NEMA. To estimate future
costs, an increase to cover annual inflation should be applied. The costs for actual activities
should be included in the main bill of quantities of the project.

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Table 8: Environmental and Social Management Plan – Design, Construction, Operation and Decommissioning Phases

Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)

Design and construction phase


• Slope gradient maintenance and
controlled borrow pits and quarry
excavation to avoid vertical phases
• Erosion control measures in excavated
Topography and Contractor/KeNHA/Super
borrow pits areas and working sites Continuous -As appropriate
Geology vision Consultant
along the road
• Site reclamation or rehabilitation
during decommissioning phase of the
project
• Sensitize drivers of construction
Noise Pollution and vehicles and machinery operators to Contractor/KeNHA/Super
Monthly - As appropriate
Vibrations switch off engines or machinery that vision Consultant
are not being used.
• Ensure that all vehicles and
construction machinery are kept in
-
good condition all the time to avoid
excessive noise generation.
• Ensure that all workers wear ear
muffs and other personal protective
-
gear/equipment when working in
noisy sections.
• Ensure machines are switched off
-
when not in use.
• Undertake loud noise and vibration
level activities during off-peak hours
-
during the day (i.e. between 8.00 am
and 5.00 pm).

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


Air Pollution due to • Sprinkling of water on dry and dusty
Contractor/KeNHA/Super
Dust Generation and Air surfaces regularly including the Monthly As appropriate
vision Consultant
Emissions access roads.
• Use of waste water to sprinkle at the
construction site to reduce excessive -
dust.
• Adherence to personal protective
-
clothing such as dust masks.
• Enforce onsite speed limit
-
regulations.
• Ensure machines and vehicles are
properly and regularly maintained.
• Erection of speed calming measures -
near public institutions such as
schools, hospitals and town centres
• Maximizing the rate of recycling of
road resurfacing waste either in the
Contractor/KeNHA/Super
Solid Waste Generation aggregate (e.g. reclaimed asphalt Monthly -
vision Consultant
pavement or reclaimed concrete
material) or as a base;
• Incorporating recyclable materials to
reduce the volume and cost of new
asphalt and concrete mixes.
• Contracting of an ordinary waste and -
hazardous waste handler to collect
and appropriately dispose wastes
from camp sites
As appropriate
• Collecting road litter or illegally
dumped waste and managing it
-
according to the recommendations in
the General EHS Guidelines.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Provision of bottle and can recycling
and trash disposal receptacles at
As appropriate
parking lots to avoid littering along
the road.
• Grinding of removed, old road surface
material and re-use in paving, or
stockpiling the reclaim for road bed or
other uses (Thika –Magumu-
Njabini). Old, removed asphalt may
contain tar and polycyclic aromatic
-
hydrocarbons and may require
management as a hazardous waste.
• Develop and implement a
Construction Waste Management
Plan before start of the project.
• Construct communal septic tank
Contractor/KeNHA/Super
Surface water quality linked to a constructed wetland Monthly As appropriate
vision Consultant
system.
• Promote recycling of wastewater in
-
construction activities.
• Ensure wastewater is channeled and
treated in sewerage plants or disposed -
in septic tanks
• Ensure regular maintenance of
plumbing system to avoid spillage of -
wastewater.
• Discharge of partially treated sewage
-
into septic tanks
• Ensure regular maintenance of
plumbing system and septic tanks to -
avoid spillage of raw sewage.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


Water Abstraction and • Install water conserving taps and Contractor/KeNHA/Super
Continuous -
Consumption toilets. vision Consultant
• Drainage structures that will be
constructed –cross culverts, at the river
courses be at appropriate positions.
• Stone pitching and side drains to cover
meaningful lengths along the prone
protection areas.
• Timing of the construction of proposed
bridges to coincide with dry periods As appropriate
when water levels in the rivers are low
to avoid possible water pollution.
• Contractor to avoid dumping of waste
materials within the riparian zones/
within the watercourses.
• Bitumen trucks should be washed at
designated areas only.
-
• Ensure surface runoff generated on
Contractor/KeNHA/Super
Soil Erosion impervious surface is not channeled continuous -
vision Consultant
directly to steep slopes.
• Provide grassed water ways along the
-
access roads.
• Construct flow breaks on roadside
drainage channels.
• The contractor will source building
materials such as gravel, sand, ballast
-
and hard core at the project locality.
• Consultation should be held with the
community members and their
representatives on the best sites to

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


source materials and rehabilitation
measures should be agreed
• All exhausted quarries and borrow
pits should be isolated, protected and
-
rehabilitated to usable state before the
contract closure.
• Siting roads and support facilities to Contractor/KeNHA/Super
Loss of Vegetation
avoid critical terrestrial habitat by vision Monthly -
Cover and Biodiversity
utilizing existing transport corridors. Consultant/KFS/KWS
• Minimize clearing and disruption of
-
riparian vegetation.
• Provide adequate protection against
scour and erosion and consider the
-
onset of the rainy season with respect
to construction schedules.
• Minimize removal of indigenous
plant species and replant indigenous As appropriate
plant species in disturbed areas.
• Explore opportunities for habitat
-
enhancement
• Develop a comprehensive STDS,
HIV and AIDs awareness and control
Contractor/KeNHA/Super
Health Aspect Programmes such as provision of Monthly
vision Consultant/County
condoms to workers both male and
Governments
female.
• Creation of awareness of STDs,
HIV/AIDS in workers camps through As appropriate
trainings and installation of posters.
• Adhere to and implement the Sexual
Offences Act, 2006 and its -
amendment 2012.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


Contractor/KeNHA/Super
Road Safety • Avoid long traffic diversion roads. Periodically -
vision Consultant
• Water diversions to ensure dust is As appropriate
minimized hence easier visibility for
drivers.
• Ensure Installation and maintenance As appropriate
of all construction signs, signals,
markings, and other devices used to
regulate traffic, including posted
speed limits, warnings of sharp turns,
or other special road conditions.
• Advance information on
communication systems will be an -
advantage to users.
• Make Traffic circulation changes as
-
per the Traffic Act Cap 403.
• Development of a transportation
Occupational Health management plan for road Contractor/KeNHA/Super
Monthly -
and Safety construction that includes measures to vision Consultant
ensure work zone safety.
• Establishment of work zones to
separate workers on foot from traffic
-
and equipment by routing of traffic to
alternative roads.
• Use protective barriers to shield
workers from traffic vehicles,
regulation of traffic flow by warning
lights, design of the work space to -
eliminate or decrease blind spots, and
ensure reduction of maximum vehicle
speeds in work zones.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Training of workers in safety issues
-
related to their activities.
• Ensure safe practices for work at night
and in other low-visibility conditions,
including use of high-visibility safety -
apparel and proper illumination for
the work space.
• Barricade the area around which
elevated work is taking place to As appropriate
prevent unauthorized access.
• Use of the correct asphalt product for
each specific application and ensuring
application at the correct temperature
to reduce the fuming of bitumen -
during normal handling.
• Training on correct PPE use and
provision of adequate PPEs
• Siting roads and support facilities to
Disturbance to flora and avoid critical terrestrial and aquatic Contractor/KeNHA/Super
Monthly -
fauna habitat by utilizing existing transport vision Consultant/
corridors. KWS/KFS
• Avoidance or modification of
construction activities during the
breeding season and other sensitive -
seasons or times of day to account
for potentially negative effects.
• Minimize clearance and disruption
-
of riparian vegetation.
• Minimize removal of indigenous
plant species, and replant indigenous -
plant species in disturbed areas.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Explore opportunities for habitat
enhancement through reduced
clearance to conserve or restore
native species.
• Relocate all facilities affected in
consultations with various parties
affected with respect to water,
sewerage, pipelines, and electricity.
• Involvement and continuous
consultation of key stakeholders and
community members with respect to
water, pipelines, and electricity at all
stages of the project cycle.
• Use of an integrated approach in
Possible Displacement planning public utilities by sharing Contractor/KeNHA/Super Continuous As appropriate
of People most transport corridors for roads, vision Consultant
water, sewerage, electricity lines,
etc.
• Provision of employment in the
project for the squatters where
possible.
• Put in place a grievance redress
mechanism as discussed in chapter
Seven (7) of this report.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Environmental impact assessments
(EIA) to be undertaken prior to
Material Sites and Contractor/KeNHA/Super
extraction of materials from Quarterly As appropriate
Material Haulage vision Consultant
identified sites and approved by
NEMA.
• Operations of the materials sites to
be guided by respective management
-
plans established and approved
under the ESIA,
• Material extractions and delivery
-
should only be done during the day.
• If borrow pits and quarries are
-
operated, they be fenced off.
• Proper handling and management of
liquid effluent and used waste oil to
-
forestall incidence of surface water
bodies
• Any abstraction of water from the
existing river systems or from
boreholes should be undertaken after -
acquisition of the prerequisite
licenses,
• Rehabilitation of materials sites to
take place upon exhaustion
(Contractors will provide -
appropriate rehabilitation plans for
each material site).
• If commercial material sources are
adopted, the Contractor(s) should
-
ensure due diligence process is
followed by the suppliers at all times,

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


• Material extraction and haulage
should be done in dump conditions to
-
keep dust low, especially if it is
located within settled areas.
Operational phase
• Enforcement of Traffic Act
regulations to ensure that all vehicles
Noise Pollution and
using the road are in good condition Contractor/KeNHA Monthly -
Excessive Vibrations
all the time to avoid excessive noise
generation.
• Install speed control measures in
town areas and near public As appropriate
institutions
• Install no hooting signs in sensitive
PPC
areas such as near schools, etc.
• Liaise with KWS to ensure that
Impacts on flora and Contractor/
important wildlife crossing corridors Continuous -
Fauna biodiversity KeNHA/KFS/KWS
and dispersal areas are not affected
• Maintenance of road signs at
appropriate areas to warn drivers on As appropriate
wildlife crossing paths.
-
• Use of storm water management
Increased Generation of practices that slow peak runoff flow,
Contractor/KeNHA Continuous -
Storm Water reduce sediment load and increase
infiltration.
• Regular inspection and maintenance
of permanent erosion and runoff -
control features.
• Use of vegetated swales, filter strips,
-
terracing, check dams, detention

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ponds or basins, infiltration trenches
and infiltration basins.
• Repair works to be carried out in dry
weather to prevent runoff of asphalt -
or cement materials.
Loss of human and • Install speed calming measures next
animal life due to to public institutions , towns and Contractor/KeNHA Continuous -
increased road accidents settlement
• Provide road signages all along the
-
road
• Conduct road safety sensitization
As appropriate
Programmes.
• Carry out Risk Assessment to
identify risk areas and provide -
appropriate prevention measures.
• Installation and maintenance of
Road Safety speed control and traffic calming Contractor/KeNHA Continuous As appropriate
devices at pedestrian crossing areas.
• Installation and maintenance of all
signs, signals, markings, and other
devices used to regulate traffic, -
specifically those related to
pedestrian facilities
• Installation and maintenance of all
signs, signals, markings, and other
devices used to regulate traffic,
-
including posted speed limits,
warnings of sharp turns, or other
special road conditions.
• Installation of measures to reduce
collisions between animals and -
vehicles (e.g. use of signs to alert

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drivers on road segments where
animals frequently cross).
• Prepare an emergency preparedness
and response plan in coordination
-
with the local community and local
emergency responders.
• Comply with OSHA 2007
-
requirements, they include;
o Carrying out Safety Audits. -
o Implementing DOSHS
-
improvement orders.
o Carrying out EHS Risk
-
Assessments.
• Involve all the relevant stakeholders
during the audit so as to incorporate
-
suggested EHS measures into the
report.
• Maximizing the rate of recycling of
road resurfacing waste either in the
Increased Generation of
aggregate (e.g. reclaimed asphalt Contractor/KeNHA Continuous -
Solid Waste
pavement or reclaimed concrete
material) or as a base.
• Incorporating recyclable materials
to reduce the volume and cost of -
new asphalt and concrete mixes.
• Collecting road litter or illegally
dumped waste and managing it
according to the recommendations
in the General EHS Guidelines. -
• Provision of bottle and can
recycling and trash disposal As appropriate
receptacles at parking lots and bus

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stops to avoid littering along the
road.
• Collecting animal carcasses in a
timely manner and disposing them
-
through prompt burial or other
environmentally safe methods.
• Managing sediment and sludge
removed from storm drainage
systems maintenance activities as a
-
hazardous or non-hazardous waste
based on an assessment of its
characteristics.
• Management of all removed paint
materials suspected or confirmed of -
containing lead as hazardous waste.
• Grinding of removed, old road
surface material and re-use in
-
paving, or stockpiling the reclaim
for road bed or other uses.
• Ensure implementation of the
project's operation phase Waste
Management Plan.
• Comply with EMCA Cap 387
Waste Management Regulations,
2006.
• When undertaking road repairs, use
protective barriers to shield workers
Occupational Health and from traffic vehicles, regulation of
Contractor/KeNHA Continuous -
Safety traffic flow by warning lights,
design of the work space to
eliminate or decrease blind spots,

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and ensure reduction of maximum
vehicle speeds in work zones.
• Training of workers in safety issues
related to road maintenance -
activities.
• When undertaking road repairs,
ensure safe practices for work at
night and in other low-visibility
-
conditions, including use of high-
visibility safety apparel and proper
illumination.
• When repairing the road, use
asphalt product of appropriate
specification and ensure application
-
at the correct temperature to reduce
the fuming of bitumen during
normal handling.
• Maintenance of work vehicles and
machinery to minimize air -
emissions.
• Reduction of engine idling time in
construction sites; Use of extenders
-
or other means to direct diesel
exhaust away from the operator.
• Ventilation of indoor areas where
vehicles or engines are operated or
use of exhaust extractor hose -
attachments to divert exhaust
outside.
• Carry out Safety Audits. -
• Implement DOSHS improvement
-
orders.

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Possible impacts Mitigation measures Responsible party Frequency/Timing Budget (Kshs)


Soil Quality Degradation • Rehabilitate borrow areas. Contractor/KeNHA/Public Continuous As appropriate
• Revegetate cleared areas. As appropriate
• Ensure proper drainage
-
infrastructure along the road.
• Used oil and spills should be
disposed in an environmental -
friendly manner.
• Reduce open gaps in road reserves
by planting appropriate tree species
suitable for highway or road side
tree planting
• Monitor composition of species
Risk of spread of invasive
regenerating along road reserves Contractor/KeNHA/Public Continuous As appropriate
species
and take prompt actions in case of
emergence of invasive species
• Carry out routine road reserves
maintenance mainly to clear bushes
that may harbor invasive species.
DECOMMISSIONING PHASE
• Use of an integrated solid waste
at the time of
Demolition waste management system i.e. through a Contractor/KeNHA -
decommissioning
hierarchy of options:
o Source reduction -
o Recycling -
o Composting and reuse -
o Combustion -
o Sanitary land filling. -
• All buildings, machinery,
equipment, and others that will not -
be used for other purposes must be

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removed and recycled/reused as far
as possible.
• All foundations must be removed
and recycled, reused or disposed of -
at a licensed disposal site.
• Where recycling/reuse of the
machinery, equipment, implements,
structures, partitions and other
-
demolition waste is not possible, the
materials should be taken to a
licensed waste disposal site.
• Donate reusable demolition waste
to charitable organizations, -
individuals and institutions.
• Sensitize workforce including at the time of As appropriate
Noise and Vibration Contractor/KeNHA
drivers of construction vehicles. decommissioning
• Install sound barriers for pile As appropriate
driving activity.
• Install portable barriers to shield
compressors and other small
-
stationary equipment where
necessary.
• Proper maintenance of all
-
equipment.
• Workers near high level noise to
-
wear safety and protective gear.
• Spray demolished piles of earth at the time of As appropriate
Dust Emission Contractor/KeNHA
with water. decommissioning
• Avoid pouring dust materials from As appropriate
elevated areas to ground.

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• Cover all trucks hauling soil, sand As appropriate
and other loose materials.
• Provide dust screen where As appropriate
necessary.
• Implement an appropriate re-
at the time of
Site degradation vegetation programme to restore the Contractor/KeNHA As appropriate
decommissioning
site to its original status.
• Consider use of indigenous plant
-
species in revegetation.

9.3 GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECT

9.3.1 Occupational Health and Safety Plans

The plan should be having details on the following listed topics.

Table 9: Health and Safety Plan Content

CONTENTS OF THE HEALTH AND


No CLARIFICATIONS
SAFETY PLAN
Contractors Health & Safety Policy / The policy should be placed at selected places within the camp(s) and
1
Statement offices. It should be clear, visible and legible in English and Kiswahili.
This will be in form of a flow chart, to be displayed clearly in specific
Management & Supervision
2 offices at the camps. It will assist in identifying the respective management
Organizational Chart.
staff and supervisors.
The assessment should consist:
3 Construction Risk Assessment (i) Risk assessment leader, (ii) Risk assessment team members (iii) Date of
risk assessment.

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This will involve Identifying the risks, their description, probability of


getting involved in the risk and impacts from the risk. A description of
control measures/procedures/methods to manage the risk will be provided.
This will involve listing risk types, their description, probability of getting
involved in the risk and impacts from the risk. Control
4 Fall Protection Plan
measures/procedures/methods to manage the risk and the responsible
person.
Hazardous work/Activity (HWA) method statement will be provided by
Hazardous Work/Activities-Method
5 listing the HWA, their description, Method To be followed / Used to safely
Statements
carry Out the hazardous activity and the responsible person.
Personal Protective Equipment A billboard with clear drawing of PPEs and their description will be
6
Requirements provided.
Description of various tools will be provided. Measures & procedures to
Measures to Control the Condition and Use
7 ensure safe condition & use of tool/equipment and responsible person
of Tools and Equipment
named.
Details of control and safety measures to be taken during storage and use
8 Fire Prevention and Control Measures
of the inflammable substance
A schedule of waste materials and effluents types of wastes will be
identified. Description of waste/effluent generated on the site will be
9 Environmental Protection Measures provided. Disposal/ effluent disposal methods and procedures to be named.
Further, name and contact details of the company responsible for disposal
of waste will be provided.
First Aid Arrangements will include: Name(s) of first aiders on the work
10 First Aid Arrangements - site. Number of and location of first aid boxes
Details of other first aid/emergency medical arrangements made
There will be a graphic illustration of the signage and the description on
11 Construction Site Signage
where to use/wear.

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9.3.1.1 Occupational and Safety Concerns during Construction Phase

Based on the identified hazards, the contractor shall evaluate the risk by considering the likelihood
of occurrence and severity. The likelihood of occurrence shall be based on Very Low, Low,
Medium, High or Very High. A numerical system can also be used ranging from 1 to 5. The extent
of the rating shall be based on the controls that the contractor has put in place. It shows an
evaluation of the risk, severity and causal factors.
The risk assessment shall be used to priories the remedial measures. Risks with high evaluation
scores shall be given priority for remedying the situations.

9.3.1.2 Occupational and Safety Concerns during Operation Phase


There are some periods towards the end of the construction phase that the road may be opened
intermittently for public use. During these periods the workers may still be undertaking
construction works on the project road. This implies that the workers shall be exposed to vehicles
and pedestrians form the public with risks of accidents that can lead to serious accidents and
fatalities.
Towards this, the remedy shall be:
- to enhance safety signage to forewarn the road users that the road is still under
construction some sections
- Use traffic marshals to direct other road users
- Demarcate work areas with physical barriers. These barriers should have on them
retroreflective materials for enhanced vision in the night
- Where appropriate, slow down traffic by use of bumps, rumble strips or zigzag bollards
where appropriate.

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9.3.2 Borrow Pit/Quarry Rehabilitation Plan

Table 10: Material Site History, Description of Current Status and Details on Decommissioning

Records on
Records Of Assessment Activity Contractors Impacts on the Site and
Name of Sites operational
By Authority (NEMA, OSHA Interaction with Community due to
Material Site Functional history
etc.) Owner and Local Interactions
Community
• Were there any
• When it was last utilized? • Were there any
records (official
• Was there any agreement on • Are records available or not impacts?
correspondence)
rehabilitation? available? • How were they
between
• Was it rehabilitated after use? addressed?
stakeholders?
DETAILS ON PROPOSED DECOMMISSIONING
Names of Technical Baseline and
Type of Decommissioning
material site to Details of Work Assumptions for the
Approach
be indicated
AlternAlternative consideration Project
after selection • Clarification on work
by the • List of alternatives (water pan, do • Involve the quarry owners in
schedule with details
• List and review the
contractor nothing alternative, fill up, dump site planning the decommissioning assumptions and
of decommissioning
etc.). type possible impacts
activities.
MANAGEMENT OF THE MATERIAL SITE

Contract Out, Use of Construction


Training Schedule Cost
Manager

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Records on
Records Of Assessment Activity Contractors Impacts on the Site and
Name of Sites operational
By Authority (NEMA, OSHA Interaction with Community due to
Material Site Functional history
etc.) Owner and Local Interactions
Community

• Details of contract type • Details of contract type

WORK AND ENVIRONMENTAL PROTECTION DURING DECOMMISSIONING


Safety Analysis and
Environnemental
Review of
Occupational Safety Compliance Program
Decommissioning
(Audits etc.)
patOccupational Exposure Activities
• Were Audits carried • Details on the safety
Names of • Occupational exposures and
• OSHA guidelines to be adhered to out, EMP adhered to analysis while
material site to mitigation.
etc. decommissioning.
be indicated
after selection WASTE MANAGEMENT
by the
contractor
Waste Minimization Techniques Used Waste Handling Waste Management

FINAL SITE SURVEY


Independent Verification Inspection by NEMA County Environmental Officer Independent Verification by Community Leaders

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9.3.2.1 Borrow Pits and Quarries Reinstatement during and After Project Completion
The Contractor, in consultation with the RE and the supervising environmental consultant to
coordinate in implementing the EMP on borrow pits and quarries. Status of the material sites
should be reported on monthly basis and when need be during the monthly progress meeting
between the Contractor, Client and the supervising engineers.

9.3.2.2 Suggested Contents of Borrow-pit/Quarry Lease Agreement


Owners of the possible material sites will likely to be gullible while making legally binding
agreement with the Contractor – in case the contractor intends to acquire material from such land
parcels and hence the related agreements.
To avoid the Contractor coming up with a one-sided unconscionable agreement while leasing a
material site, it will be necessary that an ESIA should be done before the starting the extraction of
construction materials. The ESIA should have a copy of the Lease Agreement made between the
lessor and the lessee. Parallel to NEMA’s ESIA approval process, the following issues should be
complied with.

Before the Start of Quarrying Activities


i. Copies of the Agreement should be presented to the following people for approval:
a) Area NEMA County Director, to be included in the ESIA report for the site.
b) KeNHA’s Deputy Director for Environment and Social Safeguards
c) Area Chief or sub-chief
d) Community opinion leaders, - a man and a woman.
ii. Once the above listed stakeholders have reviewed and commented on the proposed
agreement, the project’s Resident Engineer will give the final decision on the proposed
material borrow site, either reject it or accept it, based on the comments from a) – d) above.
iii. KeNHA – the project proponent – in consultation with NEMA will thereafter make the
final decision.
iv. To facilitate fast review of the agreement, a template with a compliance checklist will be
given to the stakeholders a) to d) above to ascertain Contractor’s level of compliance.

After Completion of Quarrying Activates


i. A certificate of material site reinstatement should be filled in by a) to d) and later handed
over to the RE, KeNHA for approval
ii. Outstanding issues should be handled by the Contractor in reference to the agreement

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9.3.3 Vehicle/Traffic Management Plan


During construction phase of the proposed road, the Contractor should manage the Motorized and
Non-motorized traffic in the following ways:
• To ensure that disruptions to traffic and road transport are minimized.
• To ensure that the roads remain open to traffic during construction activities;
• Prior to construction activities, the Contractor will install all signs, barriers and control
devices needed to ensure the safe use of the road by traffic and pedestrians.
• Information, warning and direction signs will be incorporated provided at specific places
along the project road. Vandalized signs should be replaced.
• County authorities and residents in a working area will be consulted before any detours for
construction or diverted public traffic are established;
• Disposal sites and haul routes will be identified and coordinated with local officials;
• Construction vehicles will use temporary roads constructed for that purpose to minimize
damage to agricultural land and local access roads.
• Where local roads are used, e.g. haulage of raw material from identified sites, they will be
maintained and reinstated to their original condition after the completion of work.

9.3.4 Waste Management Plan

Specific sources of liquid and solid waste will be:


i) Bulk earthworks,
ii) Waste from site office/camp,
iii) Used spare parts from trucks, plant and equipment
Some of the waste will include waste oil, effluent disposal (septic tanks), drilling slurries and
drilling fluids, wastewater from site and dredging. The table below has details on managing
the waste during construction period.

Table 11: Waste Management Plan during Construction Phase

Process Waste Management during Construction Phase

Requirements Responsibility Timing


Spoils from bulk earthworks will be Construction Throughout the
Actions stockpiled and reused where possible Manager Construction period
Waste from site office/camp and repairs and Site Office Project Throughout
maintenance will be segregated at source and Manger construction works

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disposed as per the procedure for solid waste


management
Site Manager /
Performance No waste will be deliberately or Throughout
Construction
Indicators unintentionally released construction works
Manager
Waste quantities measured and recorded on Site Office Project Throughout
Monitoring
a daily basis Manager construction works
Reporting to Site Office Project Manager Throughout
All staff
and HSE Advisor construction works
Reporting
Any reporting to Resident Engineer and Site Office Project Throughout
NEMA Manager construction works
Corrective Site Office Project Throughout
Awareness and training of waste handling.
Actions Manager construction works

9.3.5 Camp Design / Installation Plan


The Contractor's camp(s) for labour, accommodation, offices and construction plant sites shall be
identified based on the following guidelines.
• The camp should be constructed in accordance with contract documents, adhering to the
specified and required standards.
• The construction site shall be located minimum distance from the road project site and
away from any settlement (Min 1km). This will keep off unauthorized persons into the
camp and the associated and unnecessary interference.
• The camp should be enclosed with boundary wall, with only one guarded entrance.
• Movement of the workers, in and out of the camp - should be registered during the
nighttime. This will prevent possible illegal activities, e.g. pilfering of camp’s items, ill
behaviour from workers at night etc.
• Camp activities should not create any disturbance to the local community.
• Operation of the plant and machinery should be restricted to daytime only
• Care should be taken while starting and moving the heavy vehicles, there is a possibility
that children of near settlement may be playing with machinery parked outside the camps.

9.3.6 Ancillary Plans


Ancillary plans for the Construction sites should include:
Facilities at the Workmen’s Camp
• Potable water supply in quantity and quality,
• Safe access road is required at camps

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• Waste (all kind of solid and liquid wastes) generated should be disposed of in accordance
with NEMA's Waste Management Regulations) 2006, Part II, Solid Waste, which has
provisions on disposal methods
Sanitation Facilities
• Construction camp shall be provided with sanitary latrines and urinals.
• Closed drainage systems and the proper treatment systems according to the local conditions
should be constructed for the proper flow and effective treatment. The sewage system built
for the camp will be operated properly to avoid health hazard, ground water and soil
pollution.
• Compost pits will be constructed for the disposal of the garbage and other biodegradable
wastes generated from the camps. Proper collection, transportation and disposal of the
wastes will be ensured.

Health care Facilities:


• Health problems of the workers should be taken care of by providing basic health care
facilities through a health centre set up at the construction camps.
• The health centre will have at least a qualified medical staff (part time), duty staff,
medicines and minimum medical facilities to tackle first-aid requirements for minor
accidental cases.
• Arrangements and contacts should be made with the nearest hospital to refer patients of
major illnesses or critical cases.

9.3.7 Spills Prevention and Response Plan
The spill prevention and response plan will provide the Contractor general guidance and
procedures to manage project site operations which have potential to cause environmental damage
and procedures to follow in case spill occurs. The following discharges - potential pollutants - are
likely to occur during construction phase.
i) Wastewater from washout of concrete;
ii) Wastewater from washout and cleanout of paint, form release oils, concrete grinding slurry,
curing compounds and other construction materials;
iii) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
iv) Soaps, solvents, or detergents used in vehicle and equipment washing; and
v) Toxic or hazardous substances from a spill or other release.

Table 12: Issues of Concern in the Spills Response Plan

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Contractors Areas
of Concern in the Examples of Issues of Concern in the Plan
Plan
• Contractor to follow proper procedures storage and handling of
hazardous materials.
• Train employees to control the identified waste and recyclable
Contractor products in the containers provided.
1
Responsibilities • Maintain Material Safety Data Sheets (MSDS) on file for hazardous
chemicals used on the project and ensure employees follow all of
the incorporated requirements.
• Use correct PPEs.
• Use drip pans and absorbents under or around leaky vehicles;
Fueling and
• Dispose of or recycle oil and oily wastes in accordance with NEMA.
Maintenance of
2 • Clean up spills or contaminated surfaces immediately, using dry
Equipment or
clean up measures and eliminate the source of the spill to prevent
Vehicles
discharge or a furtherance of an ongoing discharge
• Provide an effective means of minimizing the discharge of
Washing of
pollutants from equipment and vehicle washing, wheel wash water,
3 Equipment and
and other types of washing.
Vehicles.
• Avoid washing activities in the existing water courses.
• Separate hazardous waste from construction waste.
• Store waste in sealed containers, which are constructed of suitable
Disposal of Waste materials to prevent leakage and corrosion, and which are labeled.
4
Products • Provide waste containers (e.g., dumpster or trash receptacle) of
sufficient size and number to contain construction and domestic
wastes.

In complying with the corrective actions in spillage management, the Contractor is responsible to
comply with Hazardous Spill Prevention and Response Plan.
Contractor's non‐compliance to spill containment control measures will be communicated to the
Resident engineer and supervising OHS advisor,

9.3.8 Emergency Response Plan (ERP)


Emergency/Disaster Preparedness Plans for the Proposed Road Project
The contractor shall develop and implement the guidelines for emergency/disaster preparedness
and response as provided below:
• Objective:
◦ To define emergency situations that may arise during the construction phase of the project;
◦ To prepare emergency response plans in line with the identified emergency situations;
◦ To put systems in place to equip facility with emergency equipment;

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◦ To put mechanisms in place to test the emergency procedures and propose improvements.
◦ Keep contacts, both internal and external, of persons in charge for management of
emergencies and disasters.
• Emergency situations have been defined as follows:
◦ Occupational health and safety
▪ Fire outbreak
▪ Flooding
▪ Fatality on site
▪ Serious accident leading to multiple personal injuries
▪ Illness due to food poisoning
▪ Mass illnesses arising from inhalation and contact with hazardous chemicals
◦ Environmental incidents/Disasters
▪ Incidents / accidents that may lead to stoppage of works for more than 1 working day;
▪ Incidents that may significantly impart negatively on the project and lead to negative
publicity within the project neighborhood and to the media
▪ Incidents that may cause damage and harm to the environment, especially pollution to
soil, water sources and air pollution.
• The process for Identification of Significant Occupational Safety and Health Risks;
Identification of Significant Environment all Aspects has come up with the following as
emergency situations that are likely to occur:
◦ Occupational Health and Safety incidents:
▪ Fire outbreak at residential and offices camps, heavy equipment, plants and motor
vehicles;
▪ Fatality at site;
▪ Multiple serious injuries;
▪ Food poisoning from worker’s canteen;
▪ Camp invasion scare
◦ Environmental and social incidents
▪ Fire outbreak at the Camp, equipment, and plants;
▪ Oil spillage leading to surface and ground water contamination and soil degradation;
▪ Chemicals spillage, fire;
▪ Camp invasion by local residents due to perceived injustices ranging from employment
opportunities, degradation of environment and moral related issues due to labour influx.
• Preventative measures:
◦ All Emergency measures shall have preventative measures documented and implemented.
These shall be outlined in the risk assessments conducted in section 2 above
◦ Whenever new or modifications of processes are put in place, the risk assessment shall be
reviewed to incorporate the modification or introduction of new processes.

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• Repair and Maintenance of emergency equipment


◦ An initial fire survey shall be done jointly with a DOSHS approved fire inspector;
◦ Emergency equipment shall be procured as per the recommendation if the fire inspector;
◦ Once the equipment has been procured and installed, there shall be monthly inspections by
the Health and Safety Officer who shall record observations in a prescribed format. For
equipment that shall require top up, services for repair and maintenance shall be sought;
◦ Periodic repairs and shall be conducted on quarterly basis or as per the advice of emergency
equipment and service provider.
• Emergency response team
An emergency response team shall be constituted. This team shall have the membership and
responsibilities as shown in

Table 13: Composition and Tasks of Emergency/Disaster Preparedness Response Team

EMERGENCY
RESPONSIBILITIES DURING EMERGENCIES
ROLE
- The overall coordinator of reported emergencies
- Monitor the situation as it unfolds
Emergency
1. - Contact with GoK Officers and the Consultants Engineers
Controller
- Give media brief where need be
- Delegate the duties to any other manager where necessary
Assistant - Deputize the emergency controller
2. Emergency - Liaise with affected stakeholder stakeholders
Controller - Update the emergency controller on feedback from stakeholders
- Liaise with the emergency services on site
- Liaise with affected stakeholders
- Give feedback to the Emergency controller
Emergency
3. - Spearhead the roll call at the assembly points
Coordinator
- Announce all clear once the emergency situation eases up
- Write the report and learning arising from the emergency
response. Distribute the report to the emergency team
Assistant
- Deputize the Emergency controller
4. Emergency
- Coordinate and translate with the Chinese workers
Coordinator
- Ensure emergency alarm is raised
- Mobilize workers in their areas of jurisdiction
Emergency
5. - Where safe to so, ensure that the emergency situation is averted
Marshalls
- Ensure all workers, visitors and sub-contractors have evacuated
to the assembly point
• Emergency drills/practices

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◦ An emergency response centre shall be established on site. Likewise, an alternative


emergency centre shall be designated in event that the aforementioned response centre is
rendered out of use;
◦ A response plan shall be developed for each of the identified emergency situations;
◦ Each of the identified drills shall undergo tests at least once a year
◦ Lessons learnt during the drills shall be documented and improvements for future drills and
emergencies proposed and implemented in the next drill / emergency.
• Emergency contacts
◦ Emergency contacts shall be documented and distributed in all offices and notice boards
including security gatehouses;
◦ The contacts shall include: police, fire emergency services, ambulance services
◦ The contacts list shall be revised at least once a year to ascertain validity telephone numbers
and individual’s names.
9.3.9 Environmental Awareness Plan
The plan will focus on training, awareness and competence for the site staff with the objective of
making them able to work and address tasks that have the potential to cause a significant
environmental impact. Environmental awareness and training shall be achieved by:
• Site induction, including relevant environmental issues.
• Environmental posters and site notices.
• Method statement and risk assessment briefings.
• Toolbox talks, including instruction on incident response procedures.
• Key project specific environmental issues briefings.
9.3.10: Decommissioning Plans for the camps and other installations

A decommissioning and abandonment plan for camps and ancillary facilities should be prepared
at least three months prior to decommissioning. The plan should consider the following:
• Relocating all un-used tools and equipment to an appropriate storage site.
• Any equipment that has gone into waste should be treated as waste and disposed of in
Appropriate ways for example re-use, recycle, reduce or sold to recycling plants
• Demolition of any additional structures that were constructed/installed by the contractor
• Dispose of all the generated waste in accordance with the waste management plan and
waste management regulations
• Clean up of the site and handover the site to the Client and demobilize/withdraw all
personnel that had been posted to the site including the security personnel. A handover
acknowledgement should be written/documented.
• An Environmental Evaluation Report (EER) should be prepared to determine if the
activities carried out at the site have caused any detrimental effects and if any so as to
discuss mitigations and restoration measures.

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• In-depth Environmental Studies for the actual removal of equipment (demolition) to


be carried out.
9.4 ENVIRONMENTAL MONITORING
Environmental monitoring is the systematic measurement of key environmental indicators over
time within a particular geographic area. Monitoring should focus on the most significant impacts
identified in the ESIA. The main aim of ESIA monitoring is to provide the information required
to ensure that project implementation has the least possible negative environmental impacts on the
people and environment. Various types of monitoring activity are currently in practice. During the
ESIA study baseline monitoring on basic environmental parameters in the project area of influence
was conducted. Subsequent monitoring would help assess the changes in those parameters over
time against the baseline. Other main types of environmental monitoring that will be conducted
are briefly described below:
(a) Impact Monitoring
The biophysical and socio-economical (including public health) parameters within the
project area, must be measured during the project construction and operational/ utilization
phase in order to detect environmental changes, which may have occurred as a result of
project implementation e.g. air emission, dust, noise, water pollution etc. (European
Commission, 1999).
(b) Compliance Monitoring
This form of monitoring employs a periodic sampling method, or continuous recording of
specific environmental quality indicators or pollution levels to ensure project compliance
with recommended environmental protection standards. This type of monitoring should be
regular and performed over a long period of duration so as to gather sufficient data to draw
accurate conclusion concerning project impact

Table 14; Environmental Monitoring Plan

Monitori Frequency Methodological Responsible


ng Construct Operation/Utili Decommissi indicators entity
Impacts ion zation oning
1. Noise Daily Semi-annually Daily Noise level quarterly KeNHA &
and observatio noise observation; analysis on log of vehicles Contractor
vibrati n; monthly measurements monthly and machine servicing; NEMA
on noise level noise level trees planted; Number of Respective
impact analysis analysis noise licenses issued County
s Number of PPE provided/ Government
issued and sensitization
meetings held.

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Monitori Frequency Methodological Responsible


ng Construct Operation/Utili Decommissi indicators entity
Impacts ion zation oning
2. Impact Daily dust Monthly air Daily dust Daily dust observation; KeNHA &
s on air observatio quality analysis observation; quarterly air sampling and Contractor
quality n; monthly monthly air lab analysis; NEMA
air quality quality Quarterly reports on PPE
analysis analysis provided; log off vehicle
and machine servicing;
sensitization meetings
held; frequency of
sprinkling water
3. Disturb Twice - - Reports on wildlife KeNHA &
ance of monthly m sighted; meeting with Contractor
faunal monitoring KWS and bush clearing NEMA
species of reported KWS
cases of
wildlife
disturbanc
es
4. Destru Daily - - Reports on site zoning KeNHA &
ction of vegetation program; community Contractor
existin monitoring initiatives held on tree KFS
g planting; NEMA
habitat Number of invasive
s and species identified
vegetat Landscaping programme
ion or re- vegetation.
5. Oil -Daily - Daily spills Reports of oil trapping KeNHA &
spills manageme audit and equipment installed; Contractor
nt of spills inspections number of oil spill NEMA
- Spill Kit incidents and corrective
measures taken
6. Solid Weekly Monthly Weekly Reports on waste KeNHA &
and accounting reporting of wastes management plans the
liquid of waste waste recorded generated developed Contractor
waste and on the road Amount of waste NEMA
generat collection generated; Relevant
ion Facility provided for County
handling and storage of Government
waste

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Monitori Frequency Methodological Responsible


ng Construct Operation/Utili Decommissi indicators entity
Impacts ion zation oning
Methods employed for
waste disposal
Training meetings held
Waste water quality
analysis results
Reports on liquid waste
management plans
Number of inspections to
help identify leaking or
blocked pipes.
7. Soil Daily - - Reports on storm water KeNHA &
erosion monitoring management and soil Contractor
erosion control plans o site NEMA
Amount of surface run-off Relevant
and roof catchment County
harvested Government
Water harvesting and
storage facilities installed

8. Visual Quarterly - - Reports on public KeNHA &


and assessment consultations held Contractor
aestheti Landscaping program
c designed and implemented
impact
s
9. Cultura Monthly Reports on heritage areas KeNHA &
l assessment and archaeological chance Contractor
heritag and finds encountered NMK
e and analysis of
Archae recorded
ologica chance
l find finds - -
10. Traffic Daily Annual traffic - Traffic diversions and KeNHA &
issues traffic assessment/ management plans Contractor
monitoring studies Number of vehicles
recorded in weekly basis
Number of accidents
resulting

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Monitori Frequency Methodological Responsible


ng Construct Operation/Utili Decommissi indicators entity
Impacts ion zation oning
11. Health Daily cases Monthly Daily cases Quarterly reports on health KeNHA &
and reported assessment and safety plans Contractor
Safety HSE training programs NEMA
issues Records of incidents, DOSHS
accidents, investigations Relevant
and corrective action County
undertaken Government
PPE provided, warnings
posted, HSE issues closed
out and Permit to Works
System issued.
12. . Monthly Semi-annually Monthly Reports on sensitization KeNHA &
Increas reporting assessment by undertaking forums; sessions held on Contractor
e in of the third parties of statistics guidance and counselling Relevant
social statistics on HIV/AIDs and other County
vices STDs, Government
Number of condoms
issued out
13. Land Monthly - - Reports of RAP KeNHA &
take – reported implementation including Contractor
Resettl value of compensation for land, National
ement land structures and crops/ trees Land
and compensat damage Commission
Loss of ion and relevant
use resettleme County
nt Government
14. Pressur Daily - Daily Reports of the number of KeNHA &
e on assessment reporting people accessing social The
existin infrastructure Contractor
g Reported cases of Samburu
infrastr grievances or conflicts County
ucture with the community Government
Number of grievances
addressed
15. Rehabi - - Monthly Reports on vegetation KeNHA &
litation program developed Contractor
of Number of borrow pits and NEMA
project quarries restored
site and

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Monitori Frequency Methodological Responsible


ng Construct Operation/Utili Decommissi indicators entity
Impacts ion zation oning
associa Number of tree species Relevant
ted planted County
areas Government

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CHAPTER 10.0. CLIMATE CHANGE AND ROAD INFRASTRUCTURE

Historically, in the road pavement designing process, a stationary climate is assumed.


Pavements are designed based on moisture and temperature patterns reflecting the history of
the local climate. However, this assumption may be challenged under a changing climate. With
projected climate changes over the next several decades, a pavement could be subjected to very
different climatic conditions over the design life than was originally expected.

The GOK. (1987): Ministry of Roads Design Manual for Roads and Bridges stipulates that the
life span of a flexible pavement, based on the road design chosen, is typically 20-25 years. This
period is long enough to allow the impact of climate change to be revealed. The impact has the
ability to accumulate and show its significance before or at the end of the service life. Over the
years, the earth’s climate is changing due to the global warming which also has an effect on
road infrastructure. Precipitation, temperate, solar radiation, wind and sea level rise are key
elements of the environment that act on the flexible pavement resulting in accelerated
deterioration.
High temperatures will cause roads to easily develop cracks within a short period after their
construction and also reduce the life of asphalt road surfaces (Philip, 2010), while high
precipitation will allow new roads to easily develop potholes while existing potholes will
deepen fast. High precipitation in Kenya has been associated with a lot of road failures,
compromised structures and extensive siltation as depicted in the pictures below.

Plate 17: Constructed drifts along the proposed road project which get affected during heavy rains

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Plate 18: Sections of the road project experiencing sheet flows during rainy season

To counter the impacts of the various climate change related implications a number of
strategies can be adopted:

a. Road Specific
Road specific is one of the major categorizes which is focus on road strengthen including
raising the road level, adjust side slope and paving surface. This adaptation options can be
applied in flood/drought prone areas.

i. Raising Road Level


This is one solution to adapt to climate change events, especially flooding. The road surface
level will be raised to an elevation higher than expected flood level to reduce risk of road
damage and to prevent an inaccessible road during flood event. Ideally the road design level
should be 0.5 m higher than highest expected flood level.

ii. Adjusting Side Slope


Side slope should be adjusted from 1:2 to 1:3 or flatter to prevent flood damage and erosion
from road surface runoff. Adjusting side slopes from 1:2 to 1:3 will also increase traffic safety
of the road.

b. Paving Road Surface


In areas that experience high precipitation, paved roads offer better resistance to flooding, will
drain the water from the surface more easily and will reduce the risk of potholes and water
stagnation on the road surface. Paved surface will also reduce the risk of water penetrating and
submerging the road construction layers and thereby reducing the bearing capacity of the road.

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During the dry season, paved road surfaces will reduce the risk of dust on and around the road.
It will increase traffic safety on the road and improve the environment for people living along
the road.

c. Drainage
A good road drainage system, which is properly maintained, is vital for all type of roads. A
good drainage system conveys water from the surface of the road, as well from the different
layers of the road structure, to a safe exit (stream or cross drainage structure). The drainage
system also intercepts surface water flowing towards the road and conveys water across the
road in a controlled fashion. The destructive power of water increases exponentially as its
velocity increases. Therefore, water must not be allowed to develop sufficient volume or
velocity so as to cause excessive wear along ditches, at culverts or along exposed running
surfaces, cuts or fills.

The presence of excess water within the roadway will adversely affect the properties of the
materials with which it was constructed. Cut or fill failures, road surface erosion and weakened
subgrades followed by a mass failure are all products of inadequate or poorly-designed
drainage.

Different types of drainage structures can be utilized: cross drainage, ditches and drains, French
drains, drain deflectors, underdrains, scour checks, and cut-off ditches or catch water ditches

d. Erosion
Erosion is expected to be a major problem, with possible increased rainfall, and to prevent
increased erosion might be an important adaptation option to climate change. Some methods
to protect the road and its drainage system include retaining walls, gabion boxes, rip-rap and
grass sodding

e Realignment
Realignment is a good solution for climate change adaptation. The cost of new road
construction could be lower than the maintenance cost of the present road, especially for roads
located close to rivers frequently flooded and causing road damage.

f Revised Road Design Standards


Climate change factors should be added to road design standards, especially focusing on areas
with major risks of flooding that might cause erosion and damage to the road. The most
important factors are the road levels, the cross drainage of the road and erosion protection of
the road.

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g Green Planning
This entails tree planting along roads which helps in increasing forest cover in the country and
also serve as a carbon sink.

h Monitoring
All roads should be regularly monitored in order to control and propose improvement of the
road as well as the area around the road. If an early warning system is established in the area,
it should be maintained and monitored regularly.

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CHAPTER 11.0: CONCLUSION AND RECOMMEDNDATIONS

11.1 CONCLUSION
The Isinya-Konza-Malili road is an important missing link connecting Athi River-Namanga
(A2) Road at Isinya and Mombasa-Nairobi (A8) Road at Malili. With the other sections of the
B50 either paved or under construction, this is the only section which remains untarmacked to
date. As such, the upgrading of the section will ensure the paving of the entire B50 road thereby
facilitating movement and trade between the three Counties transversed by the road whilst
serving as a connector of A8 and A2 at both junctions of Malili and Isinya respectively.
The Environmental and social impacts was carried out in view of identifying adverse impacts
which might be associated with the road construction and propose strategies for minimizing
and mitigating them during planning, construction and operation phases of the road. The
impacts identified are manageable through application of mitigation measures wherever they
occur. Since the road has been in existence, the construction will endeavor to follow the
existing alignment. However there will be adjustments at specific sections due to the proposed
interchanges and re-alignments which will necessitate land acquisition. Resettlement action
plan will be employed in this case.
The findings of the Environmental and Social Impact Assessment (ESIA) study establishes that
the road project will elicit positive impacts on the socio-economic environment of the area. The
key positive impacts will be a wider and safer transport network, increase in operation of public
service vehicles, local economic stimulus, and creation of employment and business
opportunities. The road project will equally have negative impacts both in the construction,
operation and decommissioning phases, if appropriate mitigation and support measures are not
applied. The study proposes various interventions on various adverse impacts identified in
different phases of the project and it is hoped that they will be applied adequately to minimize
and mitigate the effects. The main negative impacts during construction include but are not
limited to temporary disruption of public water utilities that will affect water supply, electricity
supply interruption due to re-routing power lines, air pollution, soil erosion, pollution and
sedimentation of existing surface water resources, increased incidence in HIV/AIDS and STIs,
and conflicts arising between the community and contractor.

11.2 RECOMMENDATIONS
The report has strived to give comprehensive mitigation measures and environmental
management and monitoring mechanisms which if put in place will minimize or completely
eliminate the possible negative impacts. The environmental management and monitoring
mechanisms developed in this report should be strictly adhered to, to ensure that the project
remains environmentally and technically sound throughout its life. The following
recommendations should be adhered to:

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• Slope gradient maintenance and controlled borrow pits and quarry excavation to avoid vertical
phases
• Erosion control measures in excavated borrow pits areas and working sites along the road
• Site reclamation or rehabilitation during decommissioning phase of the project
• Sprinkling of water on dry and dusty surfaces regularly including the access roads and
diversion tracks.
• Add suitable soil stabilizers on access roads or pave access roads to control dust.
• Erection of dust screens around buildings under construction especially at the workers’
camps. Dust control measures should be adopted at concrete batching plants, providing
adequate PPE to staffs, canopying loading points and erecting dust screens around the
plant.
• Ensure machines and vehicles are properly and regularly maintained.
• Discourage plant operators and drivers of construction vehicles from unnecessary
revving and idling.
• Limit construction traffic movement and operations to the most necessary activities
through adequate planning.
• Sensitize construction drivers and machinery operators to switch off engines when not
being used.
• Ensuring that the construction machines, equipment and vehicles have the requisite
inspection certificate.
• Ensure that all workers wear ear muffs and other personal protective gear/equipment
when working in noisy sections.
• Undertake loud noise and vibration level activities during off-peak hours during the day
(i.e. between 8.00 am and 5.00 pm).
• Acquire Noise and Excessive Vibrations Pollution Control Permit and comply with
conditions provided by the Environment Management and Coordination, Noise and
Excessive Vibrations Pollution Control Regulations 2009.
• Incorporating recyclable materials (e.g. glass, scrap tires, certain types of slag and
ashes) to reduce the volume and cost of new asphalt and concrete mixes.
• Collecting road litter or illegally dumped waste and managing it according to the
recommendations in the General EHS Guidelines and Waste Management Regulations,
2006.
• Provision of bottle and can trash disposal receptacles at parking lots to avoid littering
along the road.
• Before commencement of construction activities, the contractor, shall be required to
come up with Traffic Management Plan to aid traffic movements at sites;

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• The contractor will be required to place trained traffic marshals strategically at


operations sites;
• Installation and maintenance of appropriate road safety provisions (road furniture,
speed controls etc.) before commissioning as well as during the operation of the project.
• Environmental impact assessments (EIA) to be undertaken prior to extraction of
materials from identified sites and approved by NEMA.
• Operations of the materials sites to be guided by respective management plans
established and approved under the ESIA,
• Material extractions and delivery should only be done during the day.
• If borrow pits and quarries are operated, they be fenced off.
• Develop a comprehensive STDS, HIV and AIDs awareness and control programmes
such as provision of condoms to workers both male and female.
• Provision of STDs, HIV and AIDS prevention measures to workers.
• Creation of awareness of STDs, HIV/AIDS in workers camps through trainings and
installation of posters.
• Adhere to and implement the Sexual Offences Act, 2006 and its amendment
2012.Develop and enforce a fleet management plan for road construction that includes
measures to ensure work zone safety for construction workers and the travelling public.
• Establishment of work zones to separate pedestrians and livestock travelling by foot
from vehicular traffic and equipment by routing of traffic to alternative roads where
possible.
• Regular issuance of appropriate PPEs and regular trainings on proper use and
maintenance of PPEs
• Conduct basic Occupational Health Training programs to construction workers during
construction phase.
• Separate EIAs should be conducted for camps, borrow pits, quarries, boreholes (if any)
and other ancillary facilities.
• Minimize clearing and disruption of riparian vegetation.
• Provide adequate protection against scour and erosion; and consider the onset of the
rainy season with respect to construction schedules.
• Minimize clearing of indigenous plant species and replanting of indigenous plant
species in disturbed areas
• Stone pitching and side drains to cover meaningful lengths along the prone protection
areas.
• Timing of the construction of proposed bridges to coincide with dry periods when water
levels in the rivers are low to avoid possible water pollution.
• Contractor to avoid dumping of waste materials within the riparian zones/ within the
watercourses.

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• The contractor should develop and implement labour influx plan, an employee code of
conduct and child protection strategy during the project implementation phase.

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CHAPTER 12.0 REFERENCES

GOK (2018), Government of Kenya. County Government of Kajiado, County Integrated


Development Plan 2018-2022
GOK (2018), Government of Kenya. County Government of Machakos, County Integrated
Development Plan 2018-2022

GOK (2018), Government of Kenya. County Government of Makueni, County Integrated


Development Plan 2018-2022
Government of Kenya (2013): The Wildlife Conservation and Management Act, 2013.
Government Printer, Nairobi, Kenya.

Government of Kenya (2012): The Land Registration Act, Government Printer, Nairobi

Government of Kenya (2012): The National Land Commission Act, Government Printer,
Nairobi, Kenya.

Government of Kenya (2011): The National Gender and Equality Commission Act, 2011.
Government Printer, Nairobi, Kenya.

Government of Kenya, Kenya gazette supplement Acts Penal Code Act (Cap.63) Government
Printers, Nairobi, Kenya.

Government of Kenya, Kenya gazette supplement Acts Public Health Act (Cap. 242)
Government printer, Nairobi, Kenya.
Goodland, JR., Mercier and Shimwayi M (EdS) 1995: Environmental Assessment in Africa. A
World Bank commitment.
Taylor, M.; Philp, M. Adapting to climate change—Implications for transport infrastructure,
Transport systems and travel behavior. Road Transp. Res. 2011, 19, 66–79.

APPENDICIES

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APPENDIX 1. EXPERT LICENSES

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APPENDIX 2: PUBLIC CONSULTATION MINUTES

MINUTES OF THE PUBLIC PARTICIPATION MEETING FOR THE PROPOSED


CONSTRUCTION OF ISINYA – KONZA (MALILI) (B50) ROAD: 50KM HELD ON
8TH SEPTEMBER 2020 AT ISINYA SOCIAL HALL

ATTENDEES: (See attached Attendance List)


1. KeNHA Representatives (client)
2. Local Administration Representative
3. Members of community

AGENDA
1. Prayers and Introduction
2. Opening remarks
3. Project Description
4. Preliminary Session
5. Closing remarks

MINUTE DISCUSSION
MIN 1/09/2020 Prayers and Introduction
The meeting was called to order at 11.00 am by the area ACC followed by a word
of prayer by village elder Emmanuel Kitoipei. The ACC led the introductory session
for all stakeholders and the local administrators.

MIN 2/09/2020 Opening Remarks- Laban ( Chief Isinya)


The area ACC enlightened the locals on the benefits of the road such as provision
of employment, economic growth of Isinya town, transfer of new skills to locals and
ease of transport within and beyond their local borders.

MIN 3/09/2020 Brief on KeNHA Mandate and project Rationale- KeNHA Safeguards Team
The participants were informed that KeNHA is mandated to construct, maintain and
rehabilitate international trunk roads class A, national trunk roads class B and the
superhighways.
The participants were informed that the development of the road will provide an
important missing link that connects roads A2 and A8 i.e. connection for Narok-

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Kajiado- Machakos and Makueni or Mombasa traffic hence would promote social
welfare, economic activities as well as provision of wider road network to the
proposed Konza City and its environs within the project zone of influence.
The improvement of the road to bitumen standards will increase the traffic capacity
thereby realizing travel time savings, vehicle operating cost savings and enhanced
road safety.

Further, Kenya’s economic potential and more specifically the realization of


proposed Konza city goals and objectives would be unlocked by this proposed
missing link in addition to socio-economic development in the project area,
promoting housing development, livestock farming, educational institutions, market
centres etc. In general, the project is well aligned with the Big 4 Agenda.

The participants were informed that the projects development is at the preliminary
stage and therefore urged to co-operate with the surveyors on site as they are
collecting data for finalization of the project design.
They were also informed that as soon as the design is complete, disclosure will be
done for the general community and Persons who’s their parcels of land will be
affected by the project. Community living along the project road will be
continuously engaged on the intention to acquire land to accommodate the intended
development, as well as any concern that might arise as a result of the proposed
development.
Participant were also sensitized on the proposed measures put in place in case there
is a grievance affecting the community. KeNHA will institute and operationalize
grievance redress mechanism in consultation with the administration and
community, the GRM will help address any related grievances against the project.

Emphasis was laid on compensation as locals were assured that compensation will
done before construction in areas and where there is no dispute. Complimentary
initiatives like HIV/AIDS and Road Safety Awareness and Training were
highlighted as some of the components that will be incorporated in the project
during implementation stage to provide awareness.

MIN 4/09/2020 Project Description- KeNHA Surveyor


The participants were informed that the project road commences at Isinya Town at the
junction of Athi River-Namanga Road (A2) and B50 Roads and ends at Malili Town at the
junction with Mombasa –Nairobi Road (A8). The project road is approximately 50Km long,
mainly located in Kajiado County (38Km) and short sections in Machakos and Makueni
Counties. The road traverses a rolling terrain and land with very high potential for livestock
and horticulture farming.

The width of the existing Right of Way (ROW) ranges between 15m and 18m for Class E
road, but the road has been reclassified to Class B road. This will require the road corridor
to be widened to a minimum of 60m which will involve major acquisition of land for the
ROW of the project road.

The participants were also informed that the road was initially proposed to go through
Isinya Town, however it was impossible for the road to achieve the proposed 60M
width therefore a 3.1 Km bypass will be constructed 1.5km from Isinya Town.

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Further, the team elaborated on the project construction scope which includes;
• Constructing Isinya Town – Malili town (B50) Road to 2-way single
carriageway bitumen standard road.
• Non-motorized Transport Infrastructure i.e. Cycle lanes and walkways, at
selected settlement areas.
• Provision of drainage structures including bridges and box/pipe culverts

MIN 5/09/2020 Plenary Session


Name Question/Concerns Responses
/Comments
Nakile Sironka How will compensation be Compensation will not be done for land with
done in areas with dispute? dispute and the land owners urged to ensure they
settle any land disputes through the various systems
in place in the Country before the project
commences.
Peter D Meeli Is compensation done before The compensation due process will take place and
or after the project starts? compensation will be undertaken upon before
commencement of the project.
How will the government The road construction scope also entails; Pedestrian
ensure safe movement of underpasses and overpasses, Non-motorized
people and livestock across Transport Infrastructure i.e. Cycle lanes and
the road? walkways, at selected settlement areas and animals
crossings, speed bumps and signs all geared to
ensure safety as well as protecting livelihoods.

Will the movement of the The 1.5Km road from town joining the 3.1km by
road to bypass kill their town? pass will also be tarmacked among other access
roads in town thus ensuring grown and continuity
in the centres.

Will the locals be considered 80% of the labour will be given priority to the
for labour during locals.
implementation of the
project?
Does the government allow Yes, the laws one to have their own valuer who will
locals to have their own land work hand in hand with the National land
Valuer and lawyer? Commission land valuer, as well as a lawyer.
Everyone love development This was Noted, and KeNHA will ensure
and will support the project continuous community engagements at all the
due to the benefits that will be stages of the project development and
accrued from the implementation stage.
development. However, we
need proper sensitization on
the detailed projects impacts
and mitigation measures

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Michael He mentioned that the project This was Noted, KeNHA assured that a Grievance
Sawaina is supported since the current redress mechanism will be instituted to address any
road is in bad condition project related grievance or concern.
especially during the rainy
season, but KeNHA should
ensure community concerns
are addressed.
He mentioned that they were KeNHA team apologized and community agreed
angered by KeNHA that hence fourth, they are welcomed to undertake
surveyors who trace passed the survey exercise inside their farms.
that lands without their
consent
He mentioned that they They were informed that KeNHA will work in
experienced problems with consultation with NLC and entirely acquire all
KETRACO and SGR due to small sections of the lands left and will issue the
small sections of land left land owners with new title deeds of the sections
after acquisition, requested acquired for road construction.
KeNHA to acquire the entire
parcel of land in case a small
portion is left after
acquisition.
MIN 6/09/2020 Closing Remarks-Mr Stanly Too (DCC- Isinya Sub County
The Deputy County Commissioner urged the locals to be aware of both the negative
and positive impacts of the project. He assured the locals that his office has a
mandate of handling disputes. The DCC asked the locals to ensure they have settled
all disputes and they have their tittles in their names before the project begins
Continuous engagement will continue with the community to share information on
the road project.

Closing Remarks - KeNHA


The team thanked the locals for attending the meeting.

MIN 7/09/2020 Adjournment


The meeting was adjourned by the DCC at 1.00 pm followed by a word of prayer.

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MINUTES OF THE PUBLIC PARTICIPATION MEETING FOR THE


PROPOSED CONSTRUCTION OF ISINYA – KONZA (MALILI) (B50) ROAD:
50KM HELD AT EMAMPARUSUAI PRIMARY SCHOOL ON 9TH SEPTEMBER
2020

ATTENDEES: (See attached Attendance List)


4. KeNHA Representatives (client)
5. Local Administration Representative
6. Members of community
AGENDA
1. Prayers and Introduction
2. Opening remarks
3. Project Description
4. Preliminary Session
5. Closing remarks

MINUTE DISCUSSION
MIN 1/09/2020 Prayers and Introduction
The meeting was called to order at 11.00 am by
the area ACC followed by a word of prayer by
village elder. The area Chief led the
introductory session for all stakeholders and
the local administrators.
MIN 2/09/2020 Opening Remarks- Robert ( Chief Ilpolosat)
The chair urged the residents to embrace the
project and work hand in hand with the
government from the preliminary stage of the
project to the final stage. He mentioned to the
locals on the benefits of the road development
such as provision of employment, economic
growth of Isinya town, transfer of new skills to
locals and ease of transport within and beyond
their local borders.

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MIN 3/09/2020 Brief on KeNHA Mandate and project


Rationale- KeNHA Safeguards Team
The participants were informed that KeNHA is
mandated to construct, maintain and
rehabilitate international trunk roads class A,
national trunk roads class B and the
superhighways.
The participants were informed that the
development of the road will provide an
important missing link that connects roads A2
and A8 i.e. connection for Narok-Kajiado-
Machakos and Makueni or Mombasa traffic
hence would promote social welfare, economic
activities as well as provision of wider road
network to the proposed Konza City and its
environs within the project zone of influence.
The improvement of the road to bitumen
standards will increase the traffic capacity
thereby realizing travel time savings, vehicle
operating cost savings and enhanced road
safety.

Further, Kenya’s economic potential and more


specifically the realization of proposed Konza
city goals and objectives would be unlocked
by this proposed missing link in addition to
socio-economic development in the project
area, promoting housing development,
livestock farming, educational institutions,
market centres etc. In general, the project is
well aligned with the Big 4 Agenda.

The participants were informed that the


projects development is at the preliminary
stage and therefore urged to co-operate with
the surveyors on site as they are collecting data
for finalization of the project design.
They were also informed that as soon as the
design is complete, disclosure will be done for
the general community and Persons who’s
their parcels of land will be affected by the
project. Community living along the project
road will be continuously engaged on the
intention to acquire land to accommodate the
intended development, as well as any concern
that might arise as a result of the proposed
development.

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Participant were also sensitized on the


proposed measures put in place in case there is
a grievance affecting the community. KeNHA
will institute and operationalize grievance
redress mechanism in consultation with the
administration and community, the GRM will
help address any related grievances against the
project.

Emphasis was laid on compensation as locals


were assured that compensation will done
before construction in areas and where there is
no dispute. Complimentary initiatives like
HIV/AIDS and Road Safety Awareness and
Training were highlighted as some of the
components that will be incorporated in the
project during implementation stage to provide
awareness.

MIN 4/09/2020 Project Description- KeNHA Surveyor


The participants were informed that the project
road commences at Isinya Town at the junction
of Athi River-Namanga Road (A2) and B50
Roads and ends at Malili Town at the junction
with Mombasa –Nairobi Road (A8). The
project road is approximately 50Km long,
mainly located in Kajiado County (38Km) and
short sections in Machakos and Makueni
Counties. The road traverses a rolling terrain
and land with very high potential for livestock
and horticulture farming.

The width of the existing Right of Way (ROW)


ranges between 15m and 18m for Class E road,
but the road has been reclassified to Class B
road. This will require the road corridor to be
widened to a minimum of 60m which will
involve major acquisition of land for the ROW
of the project road.

The participants were also informed that the


road was initially proposed to go through
Isinya Town, however it was impossible for
the road to achieve the proposed 60M width
therefore a 3.1 Km bypass will be constructed
1.5km from Isinya Town.

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Further, the team elaborated on the project


construction scope which includes;
• Constructing Isinya Town – Malili
town (B50) Road to 2-way single
carriageway bitumen standard road.
• Non-motorized Transport
Infrastructure i.e. Cycle lanes and
walkways, at selected settlement areas.
• Provision of drainage structures
including bridges and box/pipe
culverts

MIN 5/09/2020 Plenary Session


Name Question/Concerns Responses
/Comments
Moisasi How will compensation be Compensation will not be done for land with
Napuyet done in areas with dispute? dispute and the land owners urged to ensure
they settle any land disputes through the
various systems in place in the Country before
the project commences.
Is there proposed realignment The new realignment will be further from the
of corner Mbaya Section, since corner mbaya section and therefore the area
the section has land dispute disputed will be avoided.

William Sapur What CSR plans are in place for Access roads to government facilities will be
the locals? done, boreholes dug during construction will
be left to the locals.
Further, this depends on the agreement
between the county and the National
Government.

Is public land also Public land will be compensated just like any
compensated? other private property if acquired by the
government
Rongoine He mentioned that the area is The road construction scope also entails
Malikia prone to flooding and wanted to replacing the drifts with bridges, providing
know if there is any help that culverts for water passage and ensuring access
the community can get to homesteads.
especially for their children
crossing rivers to school.
He stated that the proposed The road construction scope also entails;
road will cut through have of Pedestrian underpasses and overpasses, Non-
his lad and wanted to know the motorized Transport Infrastructure i.e. Cycle
provisions to ensure his lanes and walkways, at selected settlement
livestock are safe as they access areas and animals crossings, speed bumps and
grazing fields on both sides of signs all geared to ensure safety as well as
the road. protecting livelihoods.

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MIN 6/09/2020 Closing Remarks


The KeNHA team urged the locals to be aware
of both the negative and positive impacts of the
project. The team thanked the locals for
attending the meeting. The locals were also
requested to ensure they have settled all
disputes and they have their tittles in their
names before the project begins.

The school head teacher (Julius Parkanta)


requested the team to consider building toilets
for the school during construction. The area
Chief thanked the residents for attending the
meeting and urged them to settle their disputes.

MIN 7/09/2020 Adjournment


The meeting was adjourned by the Chief at
12.00 noon followed by a word of prayer.

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MINUTE DISCUSSION
MIN 1/09/2020 Prayers and Introduction
Kenya National Highways Authority
The meeting was called to orderOctober2020
at 13.00 pm by
the area Chief followed by a word of prayer by a
village elder. The chair then accorded the panel
an opportunity to introduce themselves.
MIN 2/09/2020 Opening Remarks- Robert ( Chief Ilpolosat
Location)
The chair urged the residents to embrace the
project and work hand in hand with the
government from the preliminary stage of the
project to the final stage. He mentioned to the
locals on the benefits of the road development
such as provision of employment, economic
growth of Isinya town, transfer of new skills to
locals and ease of transport within and beyond
their local borders.

MIN 3/09/2020 Brief on KeNHA Mandate and project


Rationale- KeNHA Safeguards Team
The participants were informed that KeNHA is
mandated to construct, maintain and rehabilitate
international trunk roads class A, national trunk
roads class B and the superhighways.
The participants were informed that the
development of the road will provide an
important missing link that connects roads A2
and A8 i.e. connection for Narok-Kajiado-
Machakos and Makueni or Mombasa traffic
hence would promote social welfare, economic
activities as well as provision of wider road
network to the proposed Konza City and its
environs within the project zone of influence.
The improvement of the road to bitumen
standards will increase the traffic capacity
thereby realizing travel time savings, vehicle
operating cost savings and enhanced road safety.

Further, Kenya’s economic potential and more


specifically the realization of proposed Konza
city goals and objectives would be unlocked by
this proposed missing link in addition to socio-
economic development in the project area,
promoting housing development, livestock
farming, educational institutions, market centres
etc. In general, the project is well aligned with
the Big 4 Agenda.

The participants were informed that the projects


development is at the preliminary stage and
therefore urged to co-operate with the surveyors
on site as they are collecting data for finalization
of the project design.

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They were also informed that as soon as the


design is complete, disclosure will be done for
the general community and Persons who’s their
parcels of land will be affected by the project.
Community living along the project road will be
continuously engaged on the intention to acquire
land to accommodate the intended development,
as well as any concern that might arise as a result
of the proposed development.
Participant were also sensitized on the proposed
measures put in place in case there is a grievance
affecting the community. KeNHA will institute
and operationalize grievance redress mechanism
in consultation with the administration and
community, the GRM will help address any
related grievances against the project.

Emphasis was laid on compensation as locals


were assured that compensation will done before
construction in areas and where there is no
dispute. Complimentary initiatives like
HIV/AIDS and Road Safety Awareness and
Training were highlighted as some of the
components that will be incorporated in the
project during implementation stage to provide
awareness.

MIN 4/09/2020 Project Description- KeNHA Surveyor


The participants were informed that the project
road commences at Isinya Town at the junction
of Athi River-Namanga Road (A2) and B50
Roads and ends at Malili Town at the junction
with Mombasa –Nairobi Road (A8). The project
road is approximately 50Km long, mainly
located in Kajiado County (38Km) and short
sections in Machakos and Makueni Counties.
The road traverses a rolling terrain and land with
very high potential for livestock and horticulture
farming.

The width of the existing Right of Way (ROW)


ranges between 15m and 18m for Class E road,
but the road has been reclassified to Class B
road. This will require the road corridor to be
widened to a minimum of 60m which will
involve major acquisition of land for the ROW
of the project road.

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The participants were also informed that the road


was initially proposed to go through Isinya
Town, however it was impossible for the road to
achieve the proposed 60M width therefore a 3.1
Km bypass will be constructed 1.5km from
Isinya Town.

Further, the team elaborated on the project


construction scope which includes;
• Constructing Isinya Town – Malili town
(B50) Road to 2-way single carriageway
bitumen standard road.
• Non-motorized Transport Infrastructure
i.e. Cycle lanes and walkways, at
selected settlement areas.
• Provision of drainage structures
including bridges and box/pipe culverts

MIN 5/09/2020 Plenary Session


Name Question/Concerns Responses
/Comments
Peter Access the hospitals and This was noted.
public spaces has always been Continuous Engagement with the local
a challenge during rainy community will continue to share information on
season. He appreciated and the progress made so far on development of the
welcomed the road project, project and timelines.
since the benefits the road will
bring are very many. He
requested KeNHA to inform
the community of the time
frame for the project.
George Community Social Access roads to government facilities will be
Musungu Responsibility should be done, boreholes dug during construction will be
considered for public left to the locals.
amenities for the community. Further, this depends on the agreement between
the county and the National Government.

Gideon His request was to the This was noted.


government to fast track the
planning process so that the
road construction can start
immediately.
He also requested for
consideration in tarmacking
the roads next to public
amenities.

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He stated that the proposed The road construction scope also entails;
road will cut through have of Pedestrian underpasses and overpasses, Non-
his lad and wanted to know the motorized Transport Infrastructure i.e. Cycle
provisions to ensure his lanes and walkways, at selected settlement areas
livestock are safe as they and animals crossings, speed bumps and signs all
access grazing fields on both geared to ensure safety as well as protecting
sides of the road. livelihoods.
MIN 6/09/2020 Closing Remarks
The KeNHA team urged the locals to be aware
of both the negative and positive impacts of the
project. The team thanked the locals for
attending the meeting. The locals were also
requested to ensure they have settled all disputes
and they have their tittles in their names before
the project begins.

A village elder, George Musungu appreciated


the project and assured the KeNHA team of their
full co-operation throughout the project duration.

MIN 7/09/2020 Adjournment


The meeting was adjourned by the Chief at 2.30
pm followed by a word of prayer.

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MINUTES OF THE PUBLIC PARTICIPATION MEETING FOR THE PROPOSED


CONSTRUCTION OF ISINYA – KONZA (MALILI) (B50) ROAD: 50KM HELD AT
ILPOLOSAT CHIEF’S OFFICE ON 9TH SEPTEMBER 2020

ATTENDEES: (See attached Attendance List)


7. KeNHA Representatives (client)
8. Local Administration Representative
9. Members of community
AGENDA
1. Prayers and Introduction
2. Opening remarks
3. Project Description
4. Preliminary Session
5. Closing remarks

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MINUTE DISCUSSION
MIN 1/09/2020 Prayers and Introduction
Kenya National Highways Authority
The meeting was called to order byOctober2020
the DCC Mukaa at
10.30am followed by a brief meeting with all the local
authority, a representative from the MCAs office, village
elders and administrative police from the area at the office
of the DCC.
This was followed by a public Baraza at Malili town

MIN 2/09/2020 Opening Remarks-


The DCC commended the authority for the project. He
further went on to enlighten the locals on the importance
of such a road to their community: economic expansion,
provision of employment, growth of their town generally
improvement of their livelihoods.

The chair urged the residents to embrace the project and


work hand in hand with the government from the
preliminary stage of the project to the final stage. He
mentioned to the locals on the benefits of the road
development such as provision of employment, economic
growth of Isinya town, transfer of new skills to locals and
ease of transport within and beyond their local borders.

MIN 3/09/2020 Brief on KeNHA Mandate and project Rationale-


KeNHA Safeguards Team
The participants were informed that KeNHA is mandated
to construct, maintain and rehabilitate international trunk
roads class A, national trunk roads class B and the
superhighways.
The participants were informed that the development of
the road will provide an important missing link that
connects roads A2 and A8 i.e. connection for Narok-
Kajiado- Machakos and Makueni or Mombasa traffic
hence would promote social welfare, economic activities
as well as provision of wider road network to the proposed
Konza City and its environs within the project zone of
influence.
The improvement of the road to bitumen standards will
increase the traffic capacity thereby realizing travel time
savings, vehicle operating cost savings and enhanced road
safety.

Further, Kenya’s economic potential and more


specifically the realization of proposed Konza city goals
and objectives would be unlocked by this proposed
missing link in addition to socio-economic development
in the project area, promoting housing development,
livestock farming, educational institutions, market centres
etc. In general, the project is well aligned with the Big 4
Agenda.

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The participants were informed that the projects


development is at the preliminary stage and therefore
urged to co-operate with the surveyors on site as they are
collecting data for finalization of the project design.
They were also informed that as soon as the design is
complete, disclosure will be done for the general
community and Persons who’s their parcels of land will be
affected by the project. Community living along the
project road will be continuously engaged on the intention
to acquire land to accommodate the intended
development, as well as any concern that might arise as a
result of the proposed development.
Participant were also sensitized on the proposed measures
put in place in case there is a grievance affecting the
community. KeNHA will institute and operationalize
grievance redress mechanism in consultation with the
administration and community, the GRM will help
address any related grievances against the project.

Emphasis was laid on compensation as locals were


assured that compensation will done before construction
in areas and where there is no dispute. Complimentary
initiatives like HIV/AIDS and Road Safety Awareness and
Training were highlighted as some of the components that
will be incorporated in the project during implementation
stage to provide awareness.

MIN 4/09/2020 Project Description- KeNHA Surveyor


The participants were informed that the project road
commences at Isinya Town at the junction of Athi River-
Namanga Road (A2) and B50 Roads and ends at Malili
Town at the junction with Mombasa –Nairobi Road (A8).
The project road is approximately 50Km long, mainly
located in Kajiado County (38Km) and short sections in
Machakos and Makueni Counties. The road traverses a
rolling terrain and land with very high potential for
livestock and horticulture farming.

The width of the existing Right of Way (ROW) ranges


between 15m and 18m for Class E road, but the road has
been reclassified to Class B road. This will require the
road corridor to be widened to a minimum of 60m which
will involve major acquisition of land for the ROW of the
project road.

The participants were also informed that the road was


initially proposed to go through Isinya Town, however it
was impossible for the road to achieve the proposed 60M

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width therefore a 3.1 Km bypass will be constructed


1.5km from Isinya Town.

Further, the team elaborated on the project construction


scope which includes;
• Constructing Isinya Town – Malili town (B50)
Road to 2-way single carriageway bitumen
standard road.
• Non-motorized Transport Infrastructure i.e. Cycle
lanes and walkways, at selected settlement areas.
• Provision of drainage structures including bridges
and box/pipe culverts

MIN 5/09/2020 Plenary Session


Name Question/Concerns Responses
/Comments
David Makau How will the locals They should liaise with their leaders to build schools it is
benefit from the project not the mandate of KeNHA to build schools but can
they do not have enough provide access roads to the schools.
schools?
What is the standard The project will consult with the labor office regarding
minimum wage for casual daily rates/minimum wage for unskilled workers.
laborers? Contractors KeNHA will also develop a labour management plan that
working on in the area are will guide the contractor on labour influx management.
not paying as per the
labour guidelines,
Juakali He Requested the project KeNHA in consultation with the administration and
chairman to consider constructing county government will discuss to come up with a
Jua Kali Sheds for sustainable solution for the traders,
Traders and also issue Traders will be issued with adequate notice to relocate
adequate notice for from the road reserve.
traders who are on the
road.
Paul Mutua Will the locals especially Yes, 80% of the work force will be prioritized for the
youth be considered for locals.
employment in the
project?
Lilian Mwikali Will ladies be considered
during employment of According to GOK (affirmative action) women should be
locals? considered in 30% allocation of all jobs.
The project should
consider addressing The project will have a sub component of HIV/AIDS
women issues, especially awareness and training that will also entail sensitization
harassment at work place and training of Gender Based Violence mitigation
during construction, measures.

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MIN 6/09/2020 Closing Remarks


The KeNHA team thanked the locals for attending the
meeting urged the residents to co-operate to ensure the
road becomes a success and assured all residents’
compensation shall be done in the proper way.

The DCC went further to urge the residents to raise issues


of payments to the labor department before the
commencement of the project.

MIN 7/09/2020 Adjournment


The meeting was adjourned by the DCC at 1300hrs
followed by a word of prayer.

The meeting was adjourned by the Chief at 2.30 pm


followed by a word of prayer.

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APPENDIX 8: QUESTIONNAIRES

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