THE UNITED REPUBLIC OF TANZANIA
OFFICE OF THE DEPUTY PRIME MINISTER
AND MINISTRY OF LOCAL GOVERNMENT
THE KENYA
MUNICIPAL PROGRAM
ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)
9 March 2010
LIST OF ABBREVIATIONS
CIDA Canadian International Development Agency
CBO Community Based Organisation
DP Displaced Person
EU European Union
EIA Environmental Impact Assessment
ESIA Environmental and Social Impact Assessment
ESMF Environmental and Social Management Framework
ESMMP Environmental and Social Management and Monitoring Plan
FBO Faith Based Organisation
GDP Gross Domestic Product
GOK Government of Kenya
GTZ German Development Agency
GRC Grievance Redress Committee
JBIC Japan Bank of International Cooperation
KMP Kenya Municipal Programme
K-SUP Kenya Slum Upgrading Programme
LA Local Authorities
LATF local Authority Transfer Fund
LASDAP Local Authority Service Delivery Action Plan
LAIFOMS Local Authority Integrated Financial Operations Management System
M & E Monitoring & Evaluation
MoF Ministry of Finance
MoLG Ministry of Local Government
MOW Ministry of Works
NEMA National Environment and Management Authority
NGO Non Governmental Organization
NMSP Nairobi Metropolitan Services Project
ODPM Office of Deputy Prime Minister
OP Operational Policy
PAP Project Affected Person
PCU Project Coordinating Unit
PMU Project Implementation Unit
PMU Project Management Unit
PS Permanent Secretary
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
SIDA Swedish International Development Agency
USD United Staes of America Dollar
Executive Summary
Background to the Kenya Municipal Programme:
The report outlines the Environmental and Social Management Framework (ESMF) prepared for the Kenya Municipal Programme-KMP which is currently being prepared by the Government of Kenya with support from the World Bank. The Programme is being developed as part of a broad strategy[1] to address core concerns (inadequate capacity and financing) that constrain the development potential, efficiency, equity and competitiveness of Kenya’s urban areas while simultaneously supporting investments to improve infrastructure and local service delivery. The goal of the Program is to improve the effectiveness and efficiency of urban local authorities to develop and operate infrastructure that can sustainably meet local needs. The specific objectives of the programme are:
a) To support integrated urban planning processes so that town planning and the overall land use is consistent with environmental, economic and social aspects of a sustainable urban ecosystem;
b) To support the development by Local Authorities that built infrastructure is demand driven and consistent with service delivery in the local government sector and,
c) To institute capacity building and institutional strengthening so that the local authorities are able to sustain the delivery of services through efficient, effective and locally responsive structures.
The Programme will be implemented in two phases spanning five years from 2010 to 2015 at a total cost of USD 10-132. Programme activities will be rolled out in three components namely;- (i) Institutional development through which the programme will support institutional reforms and capacity building at the national and municipal levels to facilitate decentralization and build a capable and accountable local government system; (ii) Strategic and participatory planning for urban development and capital investment to focus on preparation of strategic and capital investment plans for the pilot cities; and, (iii) Investment in infrastructure and service delivery improvements where core priorities include;- Motorised and non-motorised transport, Fire safety, Bus-parks, Market Infrastructure, Storm Water Drainage, Solid Waste and Environmental Management. The Program activities will cover 15 municipalities each of which will benefit from three investments.
Objectives and methodology of the ESMF:
The purpose of this ESMF is to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the KMP. In sections below, a highlight of mitigation process at respective levels of the project cycle is provided. This ESMF is intended to serve as a practical tool to guide identification and mitigation of potential environmental and social impacts of proposed investments.
This ESMF has been prepared in compliance with the World Bank’s Safeguard Policies and Kenya’s Environmental Management and Coordination Act (EMCA) of 1999 both of which require environmental and social assessment prior to any investment.
The ESMF framework recognises all WB safeguard policies relevant to social and environmental management and has also factored and duly recognised all sectoral laws with bearing to environmental and social management and planning in Kenya.
Preparation of the ESMF employed both desktop and field research methods work whereby project planning documents were reviewed to provide an insight into the scope, design and motivation of the programme and later complemented by on-the ground observations and consultations with target municipalities. The core outcome of the ESMF process is an ESMMP whose draft form was shared with and disclosed to key stakeholders to the KMP in a series of Municipal worKshs.ops organised in Nairobi. The aim of the disclosure was to create a forum for revalidating the Frameworks and to further secure ownership of the process from various stakeholders. Upon receipt of feedback from the disclosure workshops, the ESMF and RPF documents were disclosed locally in the print media in two newspapers, in the MoLG website and later on at the World Bank’s Infoshop.
Application of the ESMF
The ESMF will apply to two general levels of the KMP as follows:-
• To both components One- Institutional Development and Two- Strategic and participatory planning for urban development and capital investment Plans to ensure that environmental and social attributes are integrated upstream of the planning process.
• For Component Three- Investment in infrastructure and service delivery improvements where application of the ESMF will require that EMPs and RAPs be developed for individual investments to ensure management of environmental and social impacts during investment planning, design and implementation.
The ESMF and RPF will be housed within the Planning Component of the KMP to ensure harmonised application throughout the programme.
i) Procedure for screening and development of EMPs / RAPs
This ESMF requires that each investment proposed for funding under the KMP to be screened for social, environmental and displacement impacts using the Screening Checklist provided in Table 5.1. The screening will with take place at the feasibility Stage and will among other outcomes determine applicability of both GoK and World Bank Safeguard Policies and statutes following which, TORs for follow-up ESIA and RAP studies will be developed.
Follow-up ESIA studies will be guided by LN 101 of EMCA 1999 while the scale of RAP studies will depend on whether screening has allocate a S1, S2 or S3 category to the sub-project in line with the RPF already prepared. Screening and follow-up ESIA study will yield an Environmental and Social Management and Monitoring Plan (ESMMP) – a generic version of which is outlined below which will be reviewed and approved by each LA for submission to NEMA. Upon approval by NEMA, the Environmental and Social Management Plan (ESMP) and Resettlement Action Plan (RAP) will guide resolution of all potential environmental and Social Impacts likely to be identified for each investment.. A Resettlement Action Plan (RAP) will be developed to deal with displacement impacts.
[pic]
Figure ES001: Schematic presentation of the environment management process for the KMP
Entries in red imply that some financial expenditure will be incurred
ii) Generic EMP developed for the KMP
A generic EMP has been developed for the KMP for purposes of guiding the preparation of investment specific EMPs and these get identified. Investments proposed for funding under the KMP have been motivated by the need to address felt constraints within the selected LAs and their implementation has potential to occasion numerous positive impacts and thus improve quality of life in target cities. Core benefits at the design and construction stage will accrue from creation of short-term opportunities for business and employment for local professionals, contractors and workers while at the operation stage, residents will benefit from improved delivery of services. The ESMF has identified specific actions to enhance delivery of positive impacts of the KMP.
By far, the most drastic impact of investing in the KMP lies in the potential for investments to displace residential and business premises within the routes of traverse which has required that an RPF be developed t deal will issues specific to resettlement. Construction activity is also likely to occasion short-term nuisances such as noise, dust, vibrations, closure of access routes and waste associated with construction crew and other impacts such as degradation of material borrow, transport and storage areas, exposure of construction crew to occupational health and safety hazards, social decadence within workers, etc but the bulk of such impacts will cease upon completion of civil works.
Upon commissioning, operation of investments will generate a new array of concerns such as noise and fumes at bus stands, solid and liquid effluent from market points, surface runoff from the bus stands and markets etc which require new strategies for management. Other impact areas include end points of completed investments namely the sewage and storm runoff disposal areas, the solid waste disposal areas etc which will contend with increased inundation by effluent. In order to contain the adverse impacts and thus secure the economic gains of anticipated investments, this ESMF has outlined mitigation measures to be undertaken as part of the environmental management process within the KMP.
iii) Procedure for environmental management within the KMP:
Impact mitigation will take place as part of the development cycle for individual investments.
The design stage is crucial as the point where all mitigation activity will be planned for and resources allocated. Municipalities will therefore take charge and supervise design works and will ensure that contracts for design works bear clauses requiring Design Teams to plan for and allocate resources for impact mitigation. As part of the Design process, Municipalities will ensure that respective ESMMPs (to be prepared for individual investments) are integrated wholly into design reports, allocated funds in the BOQs and covered in the contracts for both construction and supervision.
Upon execution of the ESIA studies in respect of individual investments, accruing ESMMPs (for respective sub-projects) will be integrated into project Design Reports and allocated funding in the BOQs. The ESMMP will also be inbuilt into the Contracts for Civil Works to secure implementation of impact mitigation as part of project implementation.
Mitigation at construction stage will take place as part of the contracts for Civil Works which will therefore bear clauses binding respective contractors to undertake impact mitigation as per the Design Report. Municipalities in their capacity as employers will monitor activities of contractors to ensure delivery as per contracts. During Construction, the Municipal Environmentalist will attend Site meetings to pursue matters related to environmental management.
All contracts for Civil Works will allow for a one year Defect Liability Period when contractors will still be bound to undertake impact mitigation alongside routine repairs but beyond the Defect Liability Period, all mitigation will fall on the Municipality.
iv) Responsibility for Environmental Management within the KMP
The entire environmental and social management will be inbuilt into the sub-project development cycle whereby activities will take place within a holistic workplan. Further, this ESMF has determined the responsibility for environmental and social management to vest with all stakeholders to the KMP but specifically, Municipalities are liable to plan, implement and supervise environmental mitigation at the design, construction and operation phases of investments with oversight supervision from the PCT of MoLG.
Capacity for implementation will be enhanced through activities as follows:-
• The Positions of Environmental Engineer, Planner and Social Development Officer will require to be sustained at the PCT level to facilitate activity coordination and harmonisation within the entire KMP.
• Each Local Authority will be required to establish (where they are not in existence) the positions of Environmental Officer and Social development Officer who will oversee and coordinate environmental management at local Authority level.
• The PIU will mount on the job capacity building to forge a common understanding and approach in the operationalisation of the ESMF and the RPFs at Municipal level. A short-term TA Position may have to be created for this purpose.
v) Monitoring of the ESMF
Monitoring of environmental management for individual investments will be based on respective EMPs which will be modelled along the generic EMP as developed for this ESMF. However, each individual scheme will be subjected to annual environmental audits culminating in a report submitted to NEMA in line with EMCA 1999.
vi) Cost implication of this ESMF
Total financial implication for implementing the ESMF is currently estimated at Kshs. 167, 353,000.00 (Kenya shillings One Hundred and Sixty Seven Million, Three Hundred and Fifty Two Thousands only-see table below) to cater for ESIA studies, environmental mitigation, monitoring and capacity building costs. However, as at the time of finalizing this ESMF document, individual investment are still undergoing identification and their environmental and social impacts largely remain unknown. Budgets for Environmental and Social Mitigation as proposed here-in are purely indicative and will be reviewed once ESIA studies in respect of individual schemes get underway.
|Cost Head | EIA Fee |Mitigation costs |Monitoring Costs |Capacity building |Total costs |
| | |(Kshs.) |(Kshs.) |costs (Kshs.) | |
| |(Kshs.) | | | |(Kshs.) |
|Direct Costs |31,700,000 |82,000,000 |17,300,000 |8,460,000 |139,460,000 |
|20 % contingency | | | | |27, 892,000 |
|Gross costs |167,352,000 |
(ix) Time frame of the ESMF
This ESMF will come into effect upon endorsement by Ministry of Local Government and will remain valid during planning, design, construction and operation of proposed investments. The ESMF will require periodic updating in view of emerging experiences during planning, design construction and operation stages or due to any changes in GoK laws etc.
Table of Contents
CHAPTER ONE: INTRODUCTION 10
1.1 Project Background 10
1.2 Introduction to the Kenya municipal programme 11
1.2.1: Project Objectives 11
1.2.2: Programme Description 11
1.3 Investments proposed under the KMP 16
1.3.1: The Investment menu 16
1.4: objectives of the environmental and social management framework 20
1.4.1: Purpose of the ESMF..................................................................................................................20
1.4.2: Responsibility of Environmental and Social Management within the KMP 20
1.5: Methodology used to develop this ESMF 21
1.5.1: Consultations and Review of Documents...........................................................................21
1.5.2: Resolution of comments and feedback from consultative process 22
1.5.3: Application of the ESMF 22
1.6 Layout of this ESMF Report 22
CHAPTER TWO: POLICY, REGULATION AND INSTITUTIONAL FRAMEWORKS 23
2.1: constitutional provisions and national policy aspirations 23
2.2: regulatory and Legal Framework for environmental management in kenya 24
2.2.2: Environment Management and Coordination Act, 1999 24
2.2.3: Inter-Sectoral Coordination in Environmental Protection 26
2.3: administrative and regulatory framework for environmental management in the kmp 32
2.3.1: Institutional housing and administrative set-up of the KMP 32
2.3.2: Regulatory Framework for environmental management within the KMP 35
2.4: Inter-sectoral Coordination of ESIA under EMCA 37
2.5 World Bank’s Safeguard Policies 39
2.6 alignment of World Bank and GoK Policies on Environment and Social Impact Assessment 40
2.7 public Disclosure 41
CHAPTER THREE: ENVIRONMENTAL AND SOCIAL BASELINE 42
3.1: Geographical Scope of the KMP 42
3.2: Physical and climatic baseline 42
3.3: the socio-economic baseline 47
CHAPTER FOUR: STAKEHOLDER CONSULTATIONS 51
4.1: Overview 51
4.2: Direct Consultations 51
4.3: outcome of the stakeholder consultation process 52
CHAPTER FIVE: ENVIRONMENT AND SOCIAL SCREENING 56
5.1: screening 56
5.2: Timing of the ESIA Screening Process 56
5.3: The legal and regulatory process for Environmental and Social Screening in Kenya 56
5.4: In the event that NEMA requires a full cycle ESIA study 66
5.5: screening must develop an esmmp for each investment 67
CHAPTER SIX: ANALYSIS OF ALTERNATIVES 70
6.1: The nature of alternatives 70
6.2: The selection of Municipalities to participate in the KMP 70
6.3: selection of priority investments 70
6.4: choice of technologies 71
CHAPTER SEVEN: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS 72
7.1 The generic Impacts of the KMP 72
7.1.1 Potential Positive impacts and net benefits 73
7.1.2 Potential Adverse Environmental and Social Impacts of the KMP ............................79
CHAPTER EIGHT: ENVIRONMENTAL MANAGEMENT MEASURES 89
8.1: Efficacy of recommended Impact Mitigation measures 89
8.2: The Environment and Social management and monitoring plan-esmmp 94
8.2.1: General features................................................................................................94
8.2.2: General Mitigation at Design Stage: 94
8.2.3: General Mitigation at Construction Stage 100
8.3: institutional arrangement for esmmp implementation. 117
8.4: supervision of environmental and social mitigation 117
8.5: the impact monitoring programme 117
8.6: the cost estimate 118
8.7: implementation mechanism in the kmp 122
8.8: reporting within the kmp 122
CHAPTER ONE: INTRODUCTION
1.1 Project Background
The Initiative:
The Government of the Republic of Kenya has received funds in diverse currencies towards financing the Kenya Municipal Program (KMP) which, alongside the multi-sectoral Kenya Slum Upgrading Program (K-SUP) and the Nairobi Metropolitan Services Project (NMSP) are aimed at driving a systematic transformation of the urban and local government sector in Kenya. All three programmes represent a complementary but multi-facetted GOK initiative designed to address core issues that are constraining the development potential, efficiency, equity and competitiveness of Kenya’s urban areas as follows:-
• The KMP will address institutional constraints—municipal capacity, finance, and reforms—and simultaneously support investments to improve infrastructure and local service delivery. The KMP is the sole subject of this ESMF and its Volume two-The RPF.
• The K-SUP tackles the rapid growth of slums in urban Kenya—it focuses on improving living conditions in slums by enhancing security of tenure and investing in basic infrastructure, while supporting mechanisms to prevent the emergence of new slums.
• The Nairobi Metropolitan Services Project (NMSP) provides support for institutional strengthening and improved service delivery in the country’s largest and economically most important urban conurbation.
The Challenge of Rapid Urbanisation in Kenya:
One of the key problems facing developing countries-Kenya included is rapid urbanisation. It is estimated that by 2030, over 50% of the global population will be urban-based; a trend clearly illustrated by Kenya’s own trend whereby in 2007, an estimated 25% of the population was urban based and the proportion is expected to rise to 32% by the year 2012.
Rapid growth of urban population without complementary expansion of infrastructure and services has posed huge challenges to many developing countries. In Kenya, there are currently 175 Local Authorities-LAs (comprising of 67 County Councils and 108 Urban Councils) large numbers of which were established without regard to their viability or service delivery capacity and are mainly unviable and unable to meet salary and other recurrent costs from local revenues. As well, the urban infrastructure in Kenya has not maintained pace with rapid population growth and the problem is manifested by the current environmental and socio-economic challenges such as soaring unemployment rates, inadequate housing, infrastructure, water and food supplies, rising insecurity, energy shortages, mushrooming of slums and general environmental so common in all urban centres.
Local Authorities in Kenya are also largely ill equipped to address these challenges which creates a strong case for charting out a new way of thinking targeting upgrading of infrastructure while enhancing the role of LAs as engines for economic transformation through provision of efficient, effective and responsive services to the growing populations.
The Kenyan Government launched its long-term national planning strategy, ‘Kenya Vision 2030’ in May 2008 as a blueprint of the country’s development agenda for the period 2008 through 2030. Further, the Medium Term Plan (2008 – 2012) which sets out the programme to implement the Vision 2030 identifies “the development of high quality national infrastructure as a critical foundation of the Medium Term Plan” and in section 3.1.3 includes amongst the goals to be achieved in the period of the Plan “the acceleration of ongoing infrastructure development” and “improving the efficiency and effectiveness of the infrastructure development process at all levels including planning contracting and construction.”
It is against such a policy and planning background that the Kenya Government conceived and designed the Kenya Municipal Programme with a view to pilot a mechanism that will not only support LAs to address infrastructural needs but also leverage capital transfers to facilitate sustainable capacity and performance improvement within the framework of national policy.
1.2 Introduction to the Kenya municipal programme
1.2.1: Project Objectives
These goals and objectives of the KMP linked to the medium- and long-term national planning strategies outlined in the Kenya Vision 2030 whose goal is to transform Kenya into a newly industrialising, “middle-income country providing a high quality life to all its citizens by the year 2030”.
In line with this national goal, the KMP was conceived with an overall vision and goal of creating urban local authorities that are empowered to play their rightful role as engines of economic growth through provision of efficient, effective and responsive services to the growing populations. The development objective of the KMP is to strengthen local governance and improve urban service delivery in selected urban local authorities (LAs) through a combination of municipal reforms and infrastructure investment while, on the institutional side, the program will support reform of frameworks for urban governance, restructuring of municipalities, and strengthening planning, finances and staff capacity. Simultaneously, the KMP will invest in infrastructure and service delivery improvements in these LAs.
1.2.2: Programme Description
(a) Design Principles
The KMP is designed to complement and accelerate ongoing municipal reforms and will therefore aspire to operate on specific principles, some of which represent a shift from current approaches of supporting municipalities in Kenya:
i) The Municipality will be the unit of planning: The KMP is designed to work with participating municipalities to deliver tailored-made support required to empower each municipality to improve its structure and performance. This approach is in contrast to one where the actions are prioritized either by sector (e.g. roads, water) or by theme (e.g. financial systems, building capacity for auditing etc).
ii) Funds will flow to municipalities, depending on their capacity, and amounts will increase as capacity increases. The KMP will slowly help reduce the extent to which MoLG has to take responsibility for procurement of goods and services on behalf of municipalities, and shift this responsibility increasingly towards municipalities.
iii) Increasing level of demand-driven support to municipalities to enhance effectiveness of ongoing supply-side efforts. Ongoing local government reforms deliver crucial support required to bring municipalities to a minimal level of functionality—for example, roll out of a new financial management system, basic training in areas such as financial and project management, roll out of revised procurement manuals and procedures, and so on. Although necessary, these reforms are supply-side efforts that may not meet some of the most important needs of a given municipality. By contrast, the KMP will help develop mechanisms for—and actually deliver—demand-driven finance and support to municipalities.
iv) In a clear break from tradition, the KMP will explicitly seek to emphasise on performance and introduce basic benchmarking and competition among municipalities by offering greater financial support to better performers.
(b) Project Scope and Strategy
The KMP will consist of two five-year phases. Phase one activities of KMP will focus on 15 Local Authorities (14 municipalities out of a total of 45 in the country, plus Nairobi City Council) though only about 4-6 of the better performers will be eligible for large-scale finance and investment. The second phase of the investment operation (or phase) would build on the achievements, lessons and experiences of the previous operation.
The KMP will identify, work with and support 15 municipalities (out of the current 45) to develop integrated urban investment projects. Capacity will be developed through both training on the job skills enhancement while sustainability will be enhanced by the adoption of criteria to govern access to project funding. Some of the proposed criteria include:-
• Financial management: annual accounts produced using LAIFOMS; Revenue performance: tax effort—defined as actual revenue collection as a percentage of the potential revenue base—increases;
• Budget execution and expenditure performance: variance between budgeted and actual expenditures decreases and/or percentage of actual expenditures on O&M increases;
• Project implementation: timely implementation of ongoing or previous investment projects;
• Operation and maintenance of infrastructure: O&M indicators improve.
Table 1.1 below provides the list of Municipalities and the ranking criteria behind their selection while Fig. 1.1 indicates their geographic distribution in Kenya.
Table 1.1: Selection of Municipalities for the KMP
|No |Municipal Council |Budget Performance |
|1 |NAKURU |Non -Motorized Transport |
| | |Fire safety & Disaster Management |
| | |Storm Water Drainage |
|2 |MOMBASA |Storm Water Drainage |
| | |Non -Motorized Transport |
| | |Bus Park & Market Development |
|3 |KAKAMEGA |Bus Park Development and Market |
| | |Non -Motorized Transport |
| | |Storm Water Drainage |
|4 |NAIVASHA |Storm Water Drainage |
| | |Bus Park & Market Development |
| | |Waste to Energy |
|5 |THIKA |Non -Motorized Transport |
| | |Solid Waste Management |
| | |Market & Bus Park Development |
|6 |NYERI |Solid Waste Management |
| | |Fire engines and Fire stations |
|7 |GARISSA |Solid Waste Management |
| | |Storm Water Drainage |
| | |Renewable energy (Wind and Solar) |
|8 |MACHAKOS |Solid Waste Management |
| | |Bus park access and Drainage |
| | |Fire engines and Fire stations |
|9 |EMBU |Storm Water Drainage |
| | |Waste to energy Fire engines and Fire stations |
|10 |ELDORET |Solid Waste Management |
| | |Non- Motorized Transport |
| | |Fire engines and Fire stations |
|11 |KISUMU |Non- Motorized Transport |
| | |Waste to energy |
| | |Markets |
|12 |MALINDI |Markets (Fish market) |
| | |Storm water |
| | |Solid waste management |
Three Top Priority Projects proposed by other councils that did not attend the 2nd Municipal Workshop Held on 7th August, 2009 at KICC
|S/No |Municipal Council |Proposed Projects |
|13 |KERICHO |Fire safety & Disaster Management |
| | |Bus Park and Market |
| | |Storm Water Drainage |
|14 |KITUI |Fire safety & Disaster Management |
| | |Storm Water Drainage |
| | |Solid Waste Management |
1.4: objectives of the environmental and social management framework
1.4.1: Purpose of the ESMF
The objective of this ESMF is to provide an environmental and social management process for the design and implementation of Kenya Municipal Programme. This ESMF is intended to be ed as a practical tool during project formulation, design, planning implementation and monitoring to ensure that environment and social aspects are duly considered in the planning an implementation process. It describes the steps involved in identifying and mitigating the potential environmental and social impacts of proposed investments.
This ESMF has been prepared in recognition of the fact that Kenya’s regulations on EIA include a tool only for pre-assessment of projects based on preliminary environmental information. The provisions of the national laws on EIA will be complemented by those of the World Bank’s OP.4.01:
According to Kenyan Environmental laws, specific investment activities require EIAs, whereas there are no clear EIA requirements for activities of a smaller scale, but which might have negative localized impacts that would require appropriate mitigation. This is the reason why this project will use the environmental and social screening process outlined in this ESMF. This process will allow the LAs and all other stakeholders to the KMP to identify assess and mitigate potential negative environmental and social impacts at the conception and planning stages of investment activities, and, if necessary, carry out separate EIAs for investments/ investments should the screening results indicate the need for such.
The Environmental and Social Screening process is enabled by the Environment and Social Screening Form (ESSF) that will allow reviewers to determine the characteristics of the prevailing local bio-physical and social environment which will enable them to assess the potential impacts of activities and the appropriate mitigation/rehabilitation measures required on this environment. The ESSF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. As mentioned earlier, any resettlement and/or compensation measures will be implemented in accordance with the RPF (attached as Volume 2 of the ESMF), and will be implemented prior to commencement any investment activities.
The ESMF includes an Environmental and Social Management and Monitoring Plan (ESMMP) for the project’s implementation. The ESMMP summarizes institutional arrangements for the implementation of mitigation measures, the monitoring, through certain indicators of the implementation of these measures, capacity building needs as well as cost estimates.
The proposed screening process would also be consistent with the Bank’s safeguard policy - OP 4.01 Environmental Assessment. Accruing lessons will be documented for replication into other LAs countrywide.
1.4.2: Responsibility of Environmental and Social Management within the KMP
This ESMF has determined the responsibility for environmental and social management to rest with all stakeholders to the KMP. More specifically, the Municipalities are liable to plan for, implement and supervise environmental mitigation at the design, construction and operation phases of sub-projects. Oversight supervision will be provided by the PMU of MoLG.
1.5: Methodology used to develop this ESMF
1.5.1: Consultations and Review of Documents
This ESMF adopted an approach entailing tasks as follows:
i. Desk review of available KMP literature for preliminary analysis. This preliminary analysis was validated in working sessions with staff of the KMP –PMU and other core collaborators.
ii. Desk review of engineering feasibility reports, relevant master plans that have been undertaken, institutional development study, any relevant study undertaken by associated development partners etc. Such as the Kisumu study by AFD etc.
iii. On the ground consultations in selected Authorities collaborating with the KMP was undertaken in Nairobi, Kisumu, Mombasa, Thika, Machakos, Embu, Nyeri, among others. The consultant also took advantage of such consultations to collate views from diverse stakeholder groups –more so those likely to be impacted by activities of the KMP investments.
iv. Consultations also covered the legal and policy issues relevant to the ESMF and RPF for all investments.
v. As part of the study, potential environmental and social impacts associated with design and implementation of individual projects under the KMP were identified through application of standard procedures[2].
vi. Measures or interventions necessary to minimise, reduce, avoid or offset identified adverse impacts were then identified and evaluated and used to formulate an Environmental Management Plan (EMP).
vii. Monitoring requirements were identified to ensure compliance in implementation of proposed mitigation measures. This involved development of monitoring indicators and procedures for continuous generation of project monitoring data and information.
viii. As part of the ESMF/RPF study, an assessment of the capacity of diverse stakeholders to fully execute responsibilities in project implementation was undertaken through a review of their establishment vis a vis their designated mandate and roles in the project. Requisite capacity building needs especially for the LAs were identified and appropriate recommendations made.
ix. The draft ESMF was ultimately shared with key stakeholders to the KMP with a view to creating a forum for revalidating the proposed process and to further secure ownership of the process.
1.5.2: Resolution of comments and feedback from consultative process
This ESMF has largely drawn from the opinions formed during the consultative process. Comments received and observations made during the consultative process were primarily discussed at respective levels so as to gauge availability or otherwise of capacity for resolution within the Municipality and general KMP set up. Implications of emergent issues on the viability of proposals were also discussed so as to facilitate an early review of the investment menu. Essentially therefore, the consultative process was also pivotal in inspiring rethinking o Programme design especially at LA level and also formed part of the mitigation process.
1.5.3: Application of the ESMF
This ESMF will be applied to the KMP at two general levels:-
• The ESMF will apply to both components One- Institutional Development and Two- Strategic and participatory planning for urban development and capital investment to ensure that environmental and social attributes are integrated upstream of the planning process.
For Component Three- Investment in infrastructure and service delivery improvements, application of the ESMP will require that EMPs and RAPs be developed for individual investments. to ensure management of environmental and social impacts during investment planning, design and implementation.
1.6 Layout of this ESMF Report
This ESMF is presented in 8 Chapters as follows:-
|Chapter One: Introduction |
|Chapter Two: Policy, Regulation and Institutional Frameworks |
|Chapter Three : Environmental Baseline Status |
|Chapter Four: Stakeholder Consultations |
|Chapter Five : Environment And Social Screening |
|Chapter Six : Analysis Of Alternatives |
|Chapter Seven: Potential Environmental and Social Impacts |
|Chapter Eight: Environmental and Social Management Measures |
CHAPTER TWO: POLICY, regulation and INstitutional frameworks
The implementation of the proposed activities under the KMP must be consistent with all applicable laws, regulations, and notifications. It is the responsibility of the Implementing Agency to ensure that project activities are consistent with the national and state or municipal/local regulatory/legal frameworks. Additionally, it is also to be ensured that activities are consistent with World Bank policies and guidelines. This section is not a legal opinion on the applicability of the law but serves as guidance to the application of the legal and regulatory provisions to the current project context.
2.1: constitutional provisions and national policy aspirations
Constitutional provisions
The Constitution of Kenya is the supreme law of Kenya. The current Kenyan Constitution made in Lancaster House in 1962 did not have explicit, adequate and substantive provisions on environment and natural resource management possibly reflecting the low level of awareness of the intricate relationship between environmental protection and sustainability of life. In the absence of an all encompassing statement on national aspirations for environmental protection, the national effort was for a long time quite disjointed with statements on conservation being scattered in 77 pieces of legislation.
National Planning Goals
Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was developed following on the successful implementation of the Economic Recovery Strategy for Wealth and Employment Creation which saw the country’s economy back on the path to rapid growth since 2002- with GDP growth rose from 0.6% to 6.1% in 2006. The objective of the vision 2030 is to transform Kenya into a middle income country with a consistent annual growth of 10 percent by the year 2030”. The Vision was developed through an all-inclusive stakeholder consultative process, involving Kenyans from all parts of the country and is based on three “pillars” namely; the economic pillar, the social pillar and the political pillar.
Under Vision 2030, Kenya aims to increase annual GDP growth rates to 10% and to maintain that average till 2030. To achieve that ambition, Kenya must continue with the tradition of macro-economic stability that has been established since 2002 and must also address other key constraints notably a low savings ratio out of national income. Delivering the country’s ambitious growth aspirations will require a rise of national savings from 17% in 2006 to about 30% in 2012 and will also require resolution transformation of a significant informal economy employing 75% of the country’s workers. Formalizing productivity and distribution will increase jobs, incomes and public revenues. Others critical problems include poor infrastructure and high energy costs.
With regard to urbanisation, Vision2030 observes that Kenyan cities and towns are poorly planned and undertakes to change that through developing effective capacity for regional and urban development planning starting with adequate housing for those now living in slums. In addition, there will be better development of and access to affordable and adequate housing for the rest of the population, enhanced access to adequate finance for developers and buyers, and targeted key reforms to unlock the potential of the housing sector through private public partnerships. Kenya’s new nationwide urban planning and development campaign will start with her major cities and towns and this requires a rapid build-up of her urban planning and implementation capacity both of which are core commitments under Vision 2030.
GoK Policy for the Local government Sector
The GoK is keen to improve performance in the Local Government Sector and its Vision 2030 highlights rapid urbanization as one of the key challenges for the country. Ongoing local government reforms provide a foundation for change. The government has undertaken major initiatives to improve performance of local authorities (LAs) in general and often prioritized urban municipalities for roll out of these reforms. In a bid to make LAs accountable and improve services, the Government has introduced Service Charters (SCs) and Performance Contracts (PCs) in some LAs. As well, since, 1978, the Gok has been implementing the KLGRP which has been instrumental in steps to empower LAs through the Local Authorities Transfer Fund (2000), the Local Authorities Service Delivery Action Plan (2001) and the application of the Results Based Management initiative and Performance Contracting (2004). Steps have also been taken to improve support to Local Authorities through the preparation of service delivery tools, revised financial systems and the strengthening of the provincial level of ODPM & MoLG. Meeting specific criteria for good governance and financial management have been made conditional to release of the annual Local Authority Transfer Fund (LATF) cities. Participatory planning has been introduced through the Local Authority Service Delivery Action Plan (LASDAP) process. A Local Authority Integrated Financial Operations Management System (LAIFOMS), designed to improve financial controls and improve fiscal discipline, has already been rolled out in many municipalities.
Emergence of capable, financially solvent and accountable municipalities is crucial not only for enhancing competitiveness of cities and overall growth, but also for achieving broader governance goals and more inclusive service delivery.
2.2: regulatory and Legal Framework for environmental management in kenya
This chapter of the report describes the institutional, legal, regulatory, and policy framework for management of environmental and social issues in Kenya, the relevant World Bank safeguard operational policies applicable to the project and investments as well as the international laws and conventions that bear relevance to the implementation of this project.
2.2.2: Environment Management and Coordination Act, 1999
The most pertinent and overriding statute that will be evoked is the Environmental Management and Coordination Act (EMCA 1999). EMCA 1999 was enacted in 2000 to harmonize environmental legislation previously scattered among 77 national laws. As the principal environmental legislation in Kenya, EMCA sets the legal framework for environmental management. Its core elements are as follows:-
i) National Environmental Management Authority (NEMA)
EMCA 1999 allows for formation of the National Environmental Management Authority (NEMA) as the body charged with the overall coordination of environmental protection in Kenya, mainly through setting and harmonizing standards for environmental quality. NEMA was established in 2001, and is headed by a Director General appointed by the President. The Director General is assisted by several directors in charge of Enforcement, Education, and Policy, who in turn are assisted by Assistant Directors and Senior Officers. To facilitate coordination of environmental matters at a District level, EMCA 1999 allows for the creation of District Environmental Committees (DEC) chaired by respective District Commissioners and the appointment of a District Environmental Officer who is legally empowered to coordinate environmental matters at District level and is also secretary to the DEC.
ii) Requirement for Strategic Environmental Assessments
Under Regulations 42 of Legal Notice 101 of EMCA, NEMA requires that Strategic Environmental Impact Assessments be conducted on all proposals for public policy, plans and programmes for implementation to determine the ones that are most environmentally friendly and cost effective. A close review of Regulation 43 which specifies the mode of conducting SEA reports and their contents indicates that the SEA process is the Kenyan equivalent of an ESMF process.
iii) Requirement for Environmental Assessments in New Projects
Section 58 of EMCA requires that an Environmental Impact Assessment precedes all development activities proposed to be implemented in Kenya. This requirement was operationalised by NEMA through its publication of the Guidelines for the Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003). The framework for environmental assessment in Kenya and a description of types of development that should be subjected to environmental impact assessment are outlined in Legal Notice 101 and the Second Schedule of EMCA respectively.
Legal Notice 101 is silent on the minimum size threshold for projects triggering EIA requirements. However Section 10(2) (Part II) of Legal Notice 101 allows for the approval of proposed projects at the ‘Project Report’ Stage and is therefore used by NEMA to grant Environmental Licenses to small projects without the requirement of a full-scale EIA.
iv) Environmental Audits
Under Sections 68 and 69, EMCA requires that all ongoing projects be subjected to annual environmental audits as further expounded in Regulation 35 (1) and (2) of Legal Notice 101 of June 2003. Part V of the Legal Notice 101 defines the focus and scope of Environmental Audit studies as including an appraisal of all the project activities, within the perspective of environmental regulatory frameworks, environmental health and safety measures and sustainable use of natural resources.
v) Preparation of a State of the Environment Report
'State of the Environment' Reports are issued annually for the entire country and also for each individual district. They are tools for environmental monitoring, and outline progress made in environmental management via existing policy goals and strategies and through the publication of emergent environmental concerns, especially those pertaining to unsustainable utilization of natural resources.
2.2.3: Inter-Sectoral Coordination in Environmental Protection
Among other functions, EMCA mandates NEMA to regularly review and gazette standards and regulations for environmental quality as a way of guiding activity in all sectors. Further, in recognition that EMCA is an umbrella law coordinating diverse sectoral statutes, all of which are still in force, the Legal Notice 101 of EMCA requires that the respective sectors be consulted as ‘Lead Agencies’ in making decisions pertaining to environmental assessment for projects in respective sectors. Therefore, to ensure that NEMA does not approve projects that contradict sector policies and legislation, all EIA reports are subjected to review by the relevant sector in their capacity as Lead Agency. Their opinions have a strong bearing on the final decision arrived at by NEMA.
The Local Government Act:
The Local Government Act, CAP 265, is relevant to the KMP as the principal legislation under which LAs are created and function. Under Sections 5 subsections:
(1), The Minister, acting in consultation with the Electoral Commission of Kenya may, either on receiving proposals under section 6 or without any such proposals, by order exercise all or any of the following powers—
a) establish any area to be or to cease to be a municipality, county or township;
b) assign a name to a municipality, county or township;
c) define the boundaries of a municipality, county or township;
d) alter the boundaries of a municipality, county or township, whether by adding or subtracting from its area or otherwise;
e) alter the name of a municipality, county or township;
f) amalgamate two or more counties into one county;
g) transfer a part of a county to another county or to a municipality;
h) transfer a part of a municipality to a county or township;
(2) Every order made under subsection (1) shall make such provision for protecting the interests of the officers of any council affected by the order as the Minister, acting in consultation with the Electoral Commission considers just.
(3) Before making an order under subsection (1), the Minister, acting in consultation with the Electoral Commission, shall, if proposing to exercise any of the powers specified in paragraphs(a), (c), (d), (f), (g),(h)and (i) of that subsection, and may in any other case, appoint a public officer or some other person to inquire into and report on the advisability of the exercise of any of the powers; and for the purpose of the inquiry the Minister, acting in consultation with the Electoral Commission, may confer upon the officer or person the like powers as are enjoyed by a commissioner under the Commissions of Inquiry Act.
(4) Notice of such an appointment and particulars of the powers proposed to be exercised shall be published in the Gazette and in at least one newspaper circulating in the area to which the proposal applies.
Cap 265 also empowers LAs to act in the protection of the environment. This Act empowers the Municipal Authority to provide and maintain sanitation and sewerage services and to take measures to control or prohibit factories and industries from emitting smoke, fumes, chemicals, gases, dust, smell, noise, vibrations or any danger, discomfort or annoyance to the neighbourhood and to control disinfections particularly using cyanide. They are empowered to punish those disrupting sanitation or sewerage lines and can compel owners to construct sewage line into the systems and drainages.
Public Health Act Cap 242
The Public Health Act provides for the protection of human health through prevention and guarding against introduction of infectious diseases into Kenya from outside, to promote public health and the prevention, limitation or suppression of infectious, communicable or preventable diseases within Kenya, to advice and direct local authorities in regard to matters affecting the public health to promote or carry out researches and investigations in connection with the prevention or treatment of human diseases. This Act provides the impetus for a healthy environment and gives regulations to waste management, pollution and human health. The Public Health Act regulates activities detrimental to human health. The owner(s) of the premises responsible for environmental nuisances such as noise and emissions, at levels that can affect human health, are liable to prosecution under this act. An environmental nuisance is defined in the act as one that causes danger, discomfort or annoyance to the local inhabitants or which is hazardous to human health.
Under Cap 242, LAs enjoy Delegated Authority from the Minister for Public Health to provide all services allowed for under this Act. It is the Statute that LAs exploit in the management of public health matters in areas of Jurisdiction.
Physical Planning Act Cap 246:
This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of Government in order to remove uncertainty regarding the responsibility for regional planning. A key provision of the Act is the requirement for Environmental Impact Assessment (EIA). This legislation is relevant to the implementation and siting of infrastructure such as sewerage plants in urban centres as identified in the project document. It provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in a specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues.
The Act calls for public participation in the preparation of plans and requires that in preparation of plans proper consideration be given to the potential for socio-economic development needs of the population, the existing planning and future transport needs, the physical factors which may influence orderly development in general and urbanization in particular, and the possible influence of future development upon natural environment.
To facilitate coordination of physical planning, Cap 246 requires disclosure of Physical Development Plans. Under Section 19:-
(1) The Director (of Physical Planning) shall, not later than thirty days after the preparation of a regional physical development plan, notify in writing to the local authority who's area is affected by the plan to make representation in respect of the plan and publish a notice in the Gazette and in such other manner as he deems expedient to the effect that the plan is open for inspection at the place or places and the times specified in the notice.
(2) The notice shall request any interested person who desires to make any representations against, or objections to the plan, shall write to the Director not later than sixty days after the date of the first publication of the notice or such date as is specified in the notice.
(3) The Director may in his discretion accommodate or decline to accommodate such representations or objections to the plan, and in either case, shall within thirty days of his decision, notify the petitioner in writing accordingly, and shall give reasons in the case of decline,
(4) If the petitioner is aggrieved by the decision of the Director he may appeal to the relevant liaison committee under section 13 against such decision and to the National Liaison Committee under section 15 if he is aggrieved by the decision of the respective liaison committee.
Legislation pertaining to land reservation and ownership:
At present, there are three categories of land in Kenya, namely Government land, Trust land and Private land. The classification of land into the three categories is as result of historical development of land laws in Kenya since 1897:
(a) Government owned land: The Government Lands Act (Cap.280) governs the allocation and administration of all Government land both urban and agricultural.
The Kenya Independence Order Council in 1963 provided that all land that was vested in Her Majesty or in the Governor shall be deemed to have vested in the Regions or the Government of Kenya on 12th December, 1963. However, land that previously vested in the Regions was relocated to the Government of Kenya in 1964 and this situation continues to this date. Government land includes all un-alienated government land held and occupied by government agencies, territorial sea and sea bed, all public roads whether gazetted or not and land that remained un-adjudicated under the Land Titles Act (Cap.282.
(b) Trust land: The Trust Lands Act (Cap.288) governs the administration of land as described in section 114 of the Constitution. All trust lands are vested in country councils, to hold such land for the benefit of the persons ordinarily resident on that land. Under section 117 of the Constitution, an Act of Parliament may empower a County Council to set apart an area of trust land vested in it for public use and occupation. Thus Local Government Act (Cap. 265) provides for the establishment of local authorities and defines their functions. Local Authorities exist for the purposes of planning for and providing basic social amenities and services education, health care, roads, sanitation, housing, markets, open spaces, parks etc.
The Local Authorities as such as are vested with authority over trust land for the benefit of their residents. Such land can thus be allocated for occupation as follows: - (i) by a public body or authority for public purposes; (ii) for the purposes of prospecting for or the extraction of minerals or mineral oils; or (iii) by any person or persons for a purpose which in the opinion of that county council is likely to benefit persons ordinarily resident in that area or any other area of trust land vested in that county council, either by reason of the use to which the area so set apart is to be put on by reason of the revenue to be derived from rent in respect thereof.
(c) Private land is all land with registered title in accordance with any registration statute. Under the National Constitution, all land is vested with the government and occupants of private land only enjoy usage rights either under lease or freehold arrangements. Transactions involving privately owned land are controlled by two core legislations as follows: -
▪ The Registered Land Act (Cap 300) governs registration of title to land, and for regulation of dealings in such land. It provides for private ownership of land by individuals. It should be noted that both individual and corporate persons can hold title under the RLA.
▪ The Land Control Act Cap 406, which allows for all private land to be adjudicated and registered following which, a title deed is issued to the registered owner. Acquisition of private land is through transfer of the Title Deed either on account of inheritance, purchase or free gift but in all cases, transfers must be registered with the District Land Registrars following approval by the Land Control Boards.
▪ The Land Acquisition Act Cap 295: In Kenya, expropriation of land is provided for in the Constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. The detailed procedures for acquisition are elaborated under the “Land acquisition Act” in chapter 295 for private land and chapter 288 for unregistered Trust Lands.
Legislation and institutional frameworks pertaining to road development in Kenya
Roads Sub-sector Policy: The Road Sub-sector policy document concluded and endorsed by Parliament in 2006 has as its main goal, the attainment of an efficient road sub-sector that supports and promotes economic growth through the cost effective provision and maintenance of infrastructure. The policy outlines a new institutional framework to streamline management of the roads through the creation of road implementing authorities with clear mandates, political/ managerial/commercial/financial autonomy, are lean in terms of staffing levels and operating with business plans as follows. Pertinent legislation include:-
Kenya Roads Board Act: Kenya Roads Board was established in July, 2000 by the Kenya Roads Board Act, Act No. 7 of 1999. The main object for which the Board was established is to oversee the road network in Kenya and thereby co-ordinate its development, rehabilitation and maintenance and to be the principal adviser to the Government of the republic of Kenya on all matters related thereto. The Board has the responsibility of managing revenues arising from the Roads Maintenance Levy Fund (RMLF).
Roads Act 2007: The legal and institutional aspects of the new road sub-sector policy were subsequently incorporated in the Kenya Roads Act 2007. The Act provides for the establishment of three independent Road Authorities, namely:
(i) Kenya National Highways Authority (KeNHA), responsible for the administration, control, development and maintenance of all class A, B and C roads in Kenya.
(ii) Kenya Rural Roads Authority (KeRRA), responsible for rural and small town roads including class D, E roads and Special Purpose Roads.
(iii) Kenya Urban Roads Authority (KURA) responsible for all City and Municipal Roads. The Authorities fall under the Ministry of Roads, which will retain the role of policy formulation, and general oversight of public roads including regulatory aspects such as technical standards. This is the Authority that LAs will co-ordinate with in the design and implementation of investments targeting improvement of motorised transport.
2.2.4: Relevant International & Regional Conventions
United Nations Convention on Biological Convention (UNCBD)
The United Nations Convention on Biological Diversity (CBD) was negotiated under the patronage of the United Nations Environment Programme (UNEP). It was opened for signature at the June 1992 UN Conference on Environment and Development (UNCED) and entered into force on 29 December 1993, ninety days after the 30th ratification. As of October 1998, more than 170 countries had become Parties. The three goals of the CBD are to promote the conservation of biodiversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising out of the utilization of genetic resources. Kenya is a signatory of this convention which was ratified by the government in 1993. The convention calls for the adoption of national strategies, plans and programmes for the conservation and sustainable use of biological diversity into their relevant sectoral and cross-sectional plans, programmes and policies. One of the tools that are prescribed for the management of biodiversity is environmental assessment. Article 14 of the Convention deals with impact assessment and minimization of adverse impacts of activities on biological diversity.
The Convention contains a number of provisions of particular importance to indigenous peoples. These provisions are contained in Articles 8(j), 10(c), 17.2 and 18.4. Of these, Article 8(j) is regarded as the core provision. It calls upon Contracting Parties to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biodiversity, subject to national legislation. The Convention encourages Parties to promote the wider application of such knowledge, innovations and practices with the approval and involvement of the indigenous peoples concerned. Article 8(j) also requires that benefits arising from the application of traditional knowledge, innovations and practices should be shared equitably with the indigenous communities concerned.
The Convention does not use the term “indigenous peoples”, but refers to them in terms of “indigenous and local communities embodying traditional lifestyles”. This phrase is interpreted to include the people around the world who have not adopted industrialized practices to exploit agricultural, forest, animal and fisheries resources. Article 10, which deals with the sustainable use of components of biological diversity, requires that each Contracting Party protect and encourage the use of biological resources in accordance with traditional cultural practices that are compatible with conservation and sustainable use requirements. This Article has important implications for cultural survival, since particular species form the spiritual and economic focus of many indigenous cultures. The continued customary use of such species is therefore essential to the existence of such cultures. This project is expected to conserve biodiversity, especially the rare and endangered species in the Lake Victoria basin.
Convention on Wetlands or Ramsar Convention
The Convention on Wetlands, signed in Ramsar- Iran, in 1971, is an intergovernmental treaty which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. There are presently 146 Contracting Parties to the Convention, with 1508 wetland sites. Though there are no Ramsar sites in the basin, there are many wetlands around the basin such as Yala and Saiwa Swamps just but to name a few, that could qualify to be cited as a Ramsar sites or wetlands of international significance. Kenya being a signatory to this convention (June 1990) is thus as a Party, required to promote the wise use of wetlands in their territories and to take measures for their conservation by establishing nature reserves in wetlands, whether or not they are included in the Ramsar list. It is expected that the activities of the KMP will strictly adhere to the Ramsar Convention’s principles of wise use of wetlands. Thus, activities such as dumping of sewage in wetlands should not be entertained.
Indigenous and Tribal Peoples Convention
This convention was adopted on 27 June 1989 by the General Conference of the International Labour Organisation at its seventy-sixth session and came into force on 5 September 1991. Article 4 of the convention calls for the adoption of measures to safeguard persons, institutions, property, labour, culture and environment of affected persons. In applying the provisions of this convention, the social, cultural, religious and spiritual values and practices of these peoples is to be recognised and protected, and an account taken of the nature of the problems which face them both as groups and as individuals. The convention also provides for the respect of the values, practices and institutions of indigenous peoples. This convention is related with articles 8(j), 10(c), 17.2 and 18.4 of the convention on biological diversity which recognizes the role of indigenous people in the conservation of biodiversity.
Part 2 of the convention, Article 13 calls for governments to respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship. Article 14 on the rights of ownership and possession is concerned over the lands which they traditionally occupy and calls for recognition of such areas. In addition, the convention calls for measures to be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities and particular attention to be paid to the situation of nomadic peoples and shifting cultivators in this respect.
United Nations Convention to Combat Desertification
The objective of the United Nations Convention to Combat Desertification (UNCCD) is to combat desertification and to mitigate the effects of droughts in seriously affected countries, especially those in Africa. It seeks to achieve this objective through integrated approaches to development, supported by international cooperation and partnership arrangements, in affected areas. It lays emphasis on long term strategies to focus on improved productivity of land and the rehabilitation, conservation and sustainable management of land and water resources, leading to improved living conditions, in particular at the community level. The proposed project is designed to implement the requirements of the UNCDD.
2.3: administrative and regulatory framework for environmental management in the kmp
2.3.1: Institutional housing and administrative set-up of the KMP
The Office of the Deputy Prime Minister and Ministry of Local Government:
The central ministry responsible for the supervision of Local Authorities is the Office of the Deputy Prime Minister and Ministry of Local Government (ODPM & MoLG). Under the provisions of the Local Government Act of 1977, the Minister of Local Government is responsible for local authorities. The minister’s remit covers the constitution of local authorities, power to establish and extinguish local authorities, and oversight of their policies, by-laws, staffing, administration, operations, budgets and financial management. Other sector ministries also directly affect the operation of local authorities, particularly in the areas of health, education, water and roads.
The ODP &MoLG operates through 2 departments namely:-
• the Department of Local Authorities Inspection (DLAI) is not only responsible for the carrying out of inspections in LAs but also for the provision of technical support in the financial management and other areas. The Provincial Local Government Officers also come under this department.
• the Urban Development Department (UDD) is responsible for support to Local Authorities (not just urban ones) in strategic planning and project planning, design and implementation. Its establishment includes social and physical planners, engineers, surveyors and architects and its role varies between supporting LAs to actually implementing projects on their behalf, depending on the capacity levels. UDD is also spearheading the development of a National Urban Development Policy.
In addition there is a Department of Administration, which brings together other service cadres.
The Strategic Plan of the ODPM & MoLG, identifies its Mission as “to facilitate Local Authorities to achieve good governance and improved service delivery for enhanced socio-economic development as opposed to the more instructive role it previously played. While steps have been made in this direction the transformation is by no means complete.
Linkage of KMP with the ODPM&MoLG
The KMP will be administered under the Department of Urban Development which is headed by the Director of Urban Development who reports to the Permanent secretary for ODPM & MoLG. A Program Coordinator will provide coordination (Figure 2.1 below) of the KMP. The ODPM & MoLG will provide all staff, expertise and tools required for the successful execution of the programme. In particular it will establish a lean Project Coordination Team situated within the Urban Development Department, that will co-ordinate programme activities and handle its administration.
Implementation of individual components will be led by Component Leaders drawn from the relevant units of the Ministry. The KMP will initially operate in pilot project areas of 15 selected municipalities across Kenya.
Table 2.1: Administrative structure of the KMP
|S/No |Name |Role in the Project |Relevance to ESMF/RAP |
|1. |Eng. (Mrs.) Veronica Maundu |Programme Coordinator |Will coordinate overall implementation |
|2. |Mrs. Angeline Hongo |Leader – Component 1 |Institutional Mainstreaming of ESMF/RAP in |
| | |(Institutional Reforms): |LAs. |
|3. |Patrick S Adolwa |Leader – Component 2 (Planning): |Ensure ESMF is incorporated in planning stages|
| | | |activities of KMP |
| | |Planning | |
|4. |Mr. Solomon Ambwere (Planning) | | |
| | |Deputy coordinator, Survey |Digital Mapping, Surveying & Information |
|5. |Mr. Isaac Mungania | |Systems |
| | | | |
| | |Social Planning and Environment Issues |Charged with Environment and Resettlement and |
|6. |Ms. Emmy Mmbwanga | |participation aspects of KMP. |
| | | |Will take charge of implementation of ESMF and|
| | | |RPF within the KMP – ensuring coordination and|
| | | |application with all components, specifically |
| | | |the planning component which will be |
| | | |instrumental in driving the ESMF through |
| | | |implementation |
|7. |Eng. J. Ndiangui |Leader – Component 3 (Investment) |Ensure Implementation of Investments of the |
| | | |Programme |
| | |Disaster Management | |
|8. |Eng. G. Karoki |Solid Waste Management | |
|9. |Eng. E. Kamau | | |
| | |Buildings | |
|10. |Arch. Muchemi Nduthu | | |
|11. |Mr. John Waithaka |Leader – Component 4 Monitoring and |Monitoring and Evaluation |
| | |Evaluation | |
|12. |Mr. Dunkan Asubwe |Procurement |Procurement |
|13. |Mr. Fredrick Barasa |Accountant |Accounts |
|14. |Mr E.Ohando |Finance Specialist |Financial Management |
|15. |Mr. H Mwaniki |ICT Specialist |ICT Management |
|16. |Participating LAs to establish PMU |Implementation |Positions of Environment Officers to be filled|
Organisational Structure of Municipalities:
Implementation of the KMP will be Municipality-based of which the project has already identified 15 for collaboration. LAs in Kenya are created and supervised by the Minister in charge of Local Government under Cap 265 and charged with the responsibility for providing services such as health, primary education, refuse collection, water and sanitation, and fire protection services etc within areas of jurisdiction.
Though Cap 265 accords all local authorities – City, Municipal and Town Councils similar responsibilities, in practise, however, the established municipal councils are able to provide a wider range of services than the cities, towns and some newer municipalities. The local authorities have a semi-autonomous status within their geographic area.
The City and Municipal Councils are led by a mayor, whereas the Town and County Councils fall under the leadership of a chairperson, elected by the councillors following the local elections. At this time the Committee Chairpersons are also elected.
“Councils conduct their business through committees in charge of finance, staff and general purposes; town planning, works and markets; environmental conservation; and educational and social services, etc which make recommendations to the Full Council which deliberates and passes a Minute to that effect.
Full Councils are constituted by councillors- two-thirds of which are directly elected in single-member wards for a five-year term with the rest one third being nominated by the Minister of Local Government from lists proposed by political parties on the basis of their representation within each council.
Senior staff of Local Government is recruited through the Public Service Commission (PSC), with the Minister of Local Government having full discretion over the most senior appointments. A town clerk, appointed by the PSC, is the head of the paid service in the city, municipal and town councils.
Powers of Municipalities under the Local Government Act:
Under Section 271 of the Local government Act, the Minister may from time to time make rules (a) for the better carrying out of the purposes and provisions of this Act, and any such rules may be made with regard to all local authorities generally or with regard to any particular local authority or class of local authorities; (b) applicable in the area of any township authority in respect of any of the matters for which a council of a county division may make by-laws.
Ongoing reforms in the LG sector:
The GoK is keen to improve performance of the Local Government Sector and its Vision 2030 highlights rapid urbanization as one of the key challenges for the country. Ongoing local government reforms provide a foundation for change. The government has undertaken major, initiatives to improve performance of local authorities (LAs) in general and often prioritized urban municipalities for roll out of these reforms. In a bid to make LAs accountable and improve services, the Government has introduced Service Charters (SCs) and Performance Contracts (PCs) in some LAs. As well, since, 1978, the GoK has been implementing the KLGRP which has been instrumental in steps to empower LAs through the Local Authorities Transfer Fund (2000), the Local Authorities Service Delivery Action Plan (2001) and the application of the Results Based Management initiative and Performance Contracting (2004). Steps have also been taken to improve support to Local Authorities through the preparation of service delivery tools, revised financial systems and the strengthening of the provincial level of ODPM & MoLG. Conditions of good governance and financial management have been made conditional release of the annual Local Authority Transfer Fund (LATF) cities. Participatory planning has been introduced through the Local Authority Service Delivery Action Plan (LASDAP) process. A Local Authority Integrated Financial Operations Management System (LAIFOMS), designed to improve financial controls and improve fiscal discipline, has already been rolled out in many municipalities.
2.3.2: Regulatory Framework for environmental management within the KMP
(i) : Environmental management Tools under EMCA
The ESMF has been designed to be in context with Kenyan laws in regard to EIAs. Kenya has an umbrella Environmental law; the Environmental Management and Coordination Act (EMCA) 1999 which was enacted in 2000 with a view to harmonizing environmental legislation previously scattered in 77 national laws. Among other tools for protection of the environment, EMCA allows for application of two powerful tools as follows:
EIA as a tool for Environmental Protection in Kenya: Section 58 of the Environmental Law requires that an Environmental Impact Assessment (EIA) study precede all development activities proposed to be implemented in Kenya. The Act further requires that EIA studies so designed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003) as published by the National Environmental Management Authority (NEMA).
Application of Environmental Audits: In order to mitigate and control environmental damage from ongoing projects, Sections 68 and 69 EMCA require that all ongoing projects be subjected to annual environmental audits as further expounded in Regulation 35 (1) and (2) of Legal Notice 101 of June 2003. Part V of the Legal Notice 101 defines the focus and scope of Environmental Audit studies including an appraisal of all the project activities, within the perspective of environmental regulatory frameworks, environmental health and safety measures and sustainable use of natural resources.’
(ii): Environmental regulations under EMCA
To enhance coordination of environmental management, EMCA empowers NEMA to set standards for environmental quality and the Authority has exploited this window to promulgate Rules and regulations that guide performance in diverse sectors. The few that are relevant to and require compliance by the KMP are highlighted in sections below.
• The Environmental (Impact Assessment and Audit) Regulation (LN 101 of June 2003): The Environmental (Impact Assessment and Audit) Regulations, 2003, provide the basis for procedures for carrying out Environmental Impact Assessments (EIAs) and Environmental Audits (EAs). The Environmental Impact Assessment and Audit Regulations state in Regulation 3 that “the Regulations should apply to all policies, plans, programmes, projects and activities specified in Part IV, Part V and the Second Schedule of the Act”. Regulation 4(1) further states that: ‘‘…no proponent should implement a project: (a) Likely to have a negative environmental impact; or (b) For which an environmental impact assessment is required under the Act or these Regulations; unless an environmental impact assessment has been concluded and approved in accordance with these Regulations…’’. LN 101 also sets out the standards for registration of EIA experts practising in Kenya.
• The Environmental Management and Co-ordination (Waste Management) Regulations 2006: These are described in Legal Notice No. 121 of the Kenya Gazette Supplement No. 69 of September 2006. These Regulations apply to all categories of waste as provided in the Regulations. These include:;- Industrial wastes; Hazardous and toxic wastes; Pesticides and toxic substances; Biomedical wastes and Radio-active substances. These Regulations outline requirements for handling, storing, transporting, and treatment / disposal of all waste categories as provided therein. In particular, the rules require that garbage be handled only by NEMA Licensed entities which would require all LAs and their contracted garbage handling agents be registered and licensed by NEMA.
• The Environmental Management and Coordination, (Water Quality) Regulations 2006: These are described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Regulations set the standards for diverse water uses namely: - water for domestic use, water used for agricultural purposes, water used for recreational purposes, water used for fisheries and wildlife and water used for any other purposes. The rules further stipulate the quality standards for water to be disposed either directly into nature or through the sewage network. These Regulations outline: Quality standards for sources of domestic water; Quality monitoring for sources of domestic water; Standards for effluent discharge into the environment; Monitoring guide for discharge into the environment; Standards for effluent discharge into public sewers; Monitoring for discharge of treated effluent into the environment. LN 120 requires that a Discharge Permit be obtained for all water disposed into the environment from any premises and this will required compliance by the KMP.
• The Conservation of Biological Diversity (BD) Regulations 2006: These regulations are described in Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of December 2006. These Regulations apply to conservation of biodiversity which includes Conservation of threatened species, Inventory and monitoring of BD and protection of environmentally significant areas, access to genetic resources, benefit sharing and offences and penalties. Investments proposed under the KMP will thus require screening against LN 160.
• Section 55 of EMCA is relevant to this ESMF as it specifically provides for the Conservation of the Coastal Zone.
(iii) Administration of EIAs under EMCA:
EMCA 1999 allows for formation of the National Environmental Management Authority NEMA as the body charged with overall coordination of environmental protection in Kenya. A Director General appointed by the President heads the Authority established in 2001. Several Directors in charge of Enforcement, Education, Policy, who are assisted by Assistant Directors and Senior Officers under them, assist the DG. To facilitate coordination of environmental matters at District level, EMCA 1999 allows for creation of District Environmental Committees traditionally chaired by respective District Commissioners. To each DEC in the country is attached a District Environmental Officer who oversees environmental coordination among diverse sectors and is also secretary to the DEC.
(iv) The ESIA process as administered by NEMA is adequate to facilitate decision making
EMCA 1999 is a framework legislation that sought to harmonize environmental conservation as previously provided for by close to 77 pieces of sectoral laws. Given that the 77 laws are still in force, EMCA designates each of the relevant sectors as Lead Agencies who have to be consulted as part of the ESIA requires that, as part of the ESIA process, each of t each of process. The purpose of such consultation is to ensure that sectoral interests are taken care of during design and implementation of proposed projects. Thus for purposes of this ESMF, pursuit of the ESIA process as stipulated by EMCA and its tools (Legal Notices) provides an adequate mechanism for arriving at informed decisions on the net social and environmental worth of projects as proposed. For this to be achieved, the ESIA process must be concluded before detailed design stage.
2.4: Inter-sectoral Coordination of ESIA under EMCA
In recognition that EMCA is an umbrella law coordinating diverse sectoral statutes all of which are still in force, Legal Notice 101 of EMCA requires that the respective sectors be consulted as Lead Agencies in making decisions pertaining to environmental assessment for projects in respective sectors. This is to ensure that NEMA does not approve projects that contradict sector policies and legislation.
Going by EMCA requirement for investments to comply with sectoral laws, proposed KMP Investments were mapped against a total of 13 GoK Statutes that were deemed relevant with the outcome summarised in table 2.1. The main observations are briefly highlighted below:-
Table 2.1: Application of the KMP regulatory framework against GOK Statutes
|S/No |GOK Statute |Non Motorised |
| | |Transport |
|Legend: X confirms interaction between investment and respective statute/ policy | |
|O rules out any interaction | |
Table 2.1: Application of the KMP regulatory framework against GOK Statutes ctd
Three statutes namely, EMCA, Local Government Act and the Occupational Health and safety Act apply to all proposed investments while the Government Lands Act has the least triggers. However, while its certain that both EMCA and Local Government Act will be applicable, there is only 50% chance that other statutes will be applicable.
Proposed Resolution:
Towards resolving the possible applications to local GOK statutes, this ESMF requires that all investments to be subjected to ESIA in line with Section 58 of EMCA and its Legal Notice 101. As part of the ESIA, all Lead agencies will be consulted as per requirements of LN 101 in order to ensure that sectoral concerns are taken care of in the resultant ESMMPs.
2.5 World Bank’s Safeguard Policies
The World Bank’s ten safeguard policies are designed to help ensure that projects proposed for Bank financing are environmentally and socially sustainable, and thus improve decision-making. These operational policies include:
• OP 4.01 Environmental Assessment;
• OP 4.04 Natural Habitats;
• OP 4.09 Pest Management;
• OP 4.11 Cultural Heritage;
• OP 4.12 Involuntary Resettlement;
• OP 4.10 Indigenous People;
• OP 4.36 Forests;
• OP 4.37 Safety of Dams;
• OP 7.50 Projects on International Waterways;
• OP 7.60 Projects in Disputed Areas.
In preparing this ESMF, all the 5 possible categories of investments were screened against the 10 World Bank safeguard policies and it was determined that the following 3 are likely to be triggered:-
i) OP 4.01 on Environmental Assessment
ii) OP 4.12 on Involuntary Resettlement
iii) OP/BP 4.11 on Physical Cultural Resources
For detail description of the Bank’s safeguard policies, please refer to www:
(i) Involuntary Resettlement (OP4.12)
Significant efforts are to be made in the design and screening stages of the construction phase financed under the KMP, to avoid adverse impacts on people, land, property, including people’s access to natural and other economic resources, as far as possible. Notwithstanding, displacement, land acquisition, compensation and resettlement of people seem inevitable for some selected KMP project sites. This social issue is of crucial concern to the GoK and the WB, as its impact on poverty, if left unmitigated, is negative, immediate and widespread. Thus, OP 4.12 will be triggered in those cases. Thus a Resettlement Policy Framework (RPF) is under preparation by the KMP for approval by the World Bank in compliance with OP 4.12. The RPF sets the guidelines for the Resettlement and Compensation Plans (RAPs) that would have to be prepared when any program investment triggers this policy. The RAPs would be prepared by the ODPM & MoLG and compensation will be based on land tenure. If the land is Trust Land, then such land belongs to the council and the council will discuss with the stakeholders on how compensation will be done and in accordance with the law. If the land is Leasehold or Freehold, then the transfer of such land will have to go through the relevant legal and regulatory procedures as stipulated in the Land Acquisition Act. The RAPs would also have to be approved by the Bank as a condition for that particular municipal council to have its construction project financed.
(ii) Physical Cultural Resources (OP4.11):
Most Municipalities in Kenya host sites that are classified as National Monuments on account of historical reasons and the same are currently protected under diverse statutes, key of which is the National Monuments and Antiquities Act. Investments proposed under the KMP will be screened mapped for possible triggers to OP 4.11.
(iii) Triggers to other WB safeguard policies:
Possibilities of triggering other WB safeguards are only either circumstantial or peripheral. OP 4.09 (Pest Management) will only be triggered if chemicals are applied for vermin control in proposed dump yards for solid waste management.
It is not expected that any of the components in the project areas will involve construction of dams and therefore OP 4.37 (Safety of Dams) is not triggered. However, given the possibility of construction of oxidation ponds, some peripheral trigger is likely.
It is not anticipated that the KMP may have any adverse impact on people identified as indigenous, and therefore OP 4.10 is not applicable. However, given the tendency for municipal dump yards and sewage treatment plants to be cited way out of town, it becomes important that these two be screened against OP4.10 to rule out impacts on Indigenous peoples.
OP 4.04 on Natural habitats and OP 4.36 on Forestry Policies need to be viewed from precautionary principles and their applicability will be checked for individual investments.
2.6 alignment OF WORLD Bank and GoK Policies on Environment and Social Impact Assessment
Both the World Bank safeguards and GoK laws are generally aligned in principle and objective:-
▪ Both require Environmental Assessment before project implementation (which includes an assessment of social impacts a socio economic assessment)
▪ Both require public disclosure of ESIA reports and stakeholder consultation during preparation
▪ While OP 4.01 of World Bank stipulates different scales of ESIA for different category of projects, EMCA requires ESIA for all sizes of projects, which are required to be scoped as relevant
▪ Where EMCA requires Strategic Environmental Assessments, OP 4.01 requires that an Environmental Assessment be conducted depending on the project category while an ESMF should be prepared for Programmes. EMCA recognizes other sectoral laws while WB has safeguards for specific interests.
▪ The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project which is equivalent to the statutory annual environmental audits at the operation phase of projects in Kenya.
In Kenya, the Environmental Management & Coordination Act, 1999 makes it mandatory for all development projects as stipulated is schedule 2 of the Act, to be preceded by an EIA study leading to development of a Project Report. Thus, under the Laws of Kenya, environmental assessment is fully mainstreamed in all development process consistent with World Bank policies. Indeed, under EMCA, 1999, even GoK projects are under obligation to undertake EIA studies before implementation.
Further, in order to fully insure against triggers to WB safeguard policies individual investments will be screened against each policy as part of the ESIA Study.
2.7 public Disclosure
The process followed for public disclosure of the ESMF is as follows. The draft report will firstly be made publicly available to project-affected groups in Kenya by placing a public notice in a national newspaper and making the report available at the ODPM & MoLG and posting on the internet. This measure will be in compliance both with the WB and the GOK / EMCA, 1999 that EIA reports are disclosed and be subjected to review by the public. Following comments received and revisions duly carried out, the ESMF will be officially submitted to the World Bank, and made publicly available on the WB’s Infoshop.
CHAPTER THREE: ENVIRONMENTAL and social BASELINE
3.1: Geographical Scope of the KMP
The KMP is partnering with 15 Kenya Municipalities 8 of which are provincial capitals including the three cities of Nairobi, Mombasa and Kisumu. All fifteen municipalities dot the national transect from the Indian Ocean coastline right to the shores of L. Victoria and thus occur in diverse physiographic landforms:- coastal lowlands, internal drainage basins, highland plateaus and volcanic highlands on account of which, all municipalities cut diverse biophysical and socio-economic profiles which cannot be summarised through a generic description. In sections below therefore, baseline data specific to each municipality is presented in matrix form along with the key features of each municipality.
3.2: Physical and climatic baseline
Table 3.1 provides the bio-physical baseline data for the 15 municipalities. General trends can be observed as follows:-
Altitude: Both Mombasa and Malindi are coastal towns with altitudes generally in the range of less than 20m above sea level and generally very hot and humid climates. On the other extreme are Nyeri and Kericho towns with altitudes in the range of 2000m above sea level which coupled with location on the easterly slopes of Mau and Aberdare ranges confers a humid climatic regime characterised by heavy annual rainfall.
Climatic regime: Most of the KMP Municipalities have semi-humid to humid climatic regimes characterised by torrential rainfall concentrated in two wet seasons, and which poses huge challenges in the removal and disposal of urban runoff. Though Garissa Town has an arid climatic regime, it still has to cope with huge quantities of intermittent urban runoff whose poor handling can cause havoc on the easily erodible soils which are dominated by sandy clays and sandy loams.
Table 3.1: Baseline climatic data for the participating KMP municipalities
|S/No |Municipal |Altitude [m] |Rainfall [mm] |Temp (oC) |Eo (mm) |
| |Council | | | | |
|1 |Thika |Volcanic |Semi humid |Poor |Red clay loams on well drained sites, |
| | | | | |black cotton soils and plan soils on |
| | | | | |poorly drained sites |
|2 |Eldoret |Volcanic |Sub humid |Good |Red clay loams |
|3 |Machakos |Basement |Semi-arid |Good |Sandy clay loams |
|4 |Nyeri |Volcanic |Humid |Good |Clay loams |
|5 |City Council of Nairobi |Volcanic |Sub humid |Good/ |Clay loams on good drainage, black |
| | | | |Poor |cotton on poorly draining sites |
|7 |Mombasa |Sedimentary |Humid |Poor |Sandy loams |
|8 |Malindi |Sedimentary |Semi-humid |Poor |Sandy loams |
|9 |Embu |Volcanic |Humid |Good |Clay loams |
|10 |Kericho |Volcanic |humid |Good | Clay loams |
|11 |Kitui |Basement |Semi-arid |Good |Sandy clay loams |
|12 |Nakuru |Sedimentary |Sub-humid |Poor |Black cotton soils |
|13 |Kakamega |Volcanic |Humid |Good |Clay loams |
|14 |Garissa |Basement |Semi-arid-arid |Good/ poor |Sandy clays |
|15 |Kisumu |Sedimentary |Humid |Good/ poor |Black cotton |
Hydrology: Most of the municipalities enjoy a humid hydrological regime which is aggravated by urban conditions to create a huge problem of urban runoff. For low lying towns such as Mombasa, Malindi, Garissa and Thika, lack of effective gradients constrains removal and evacuation of runoff thus occasioning seasonal flooding and associated hazards to public health. For municipalities such as Kericho, Embu, Nyeri and Kitui that are situated on free draining land, evacuation of runoff still poses problems on account of the tendency of torrential runoff to erode the land and damage infrastructure. The core scenario obtaining in all municipalities is either inadequacy of drainage infrastructure or their general absence especially in up-coming but non-planned housing estates so common in all towns.
The location of Mombasa, Kisumu, Malindi and (to some extent) Nakuru and Naivasha towns on the shores of natural water bodies is unique as it carries inherent hazards of potential pollution. All runoff from these towns ends in these water bodies and unless an effective solid waste management programme is put in place, the natural process is for such waste to be washed off in runoff and deposited in the water bodies thus altering their ecological and aesthetic appeal. Indeed, this problem is clearly manifested in the case of Nairobi River whose waterborne solid waste load is felt in far flung places such as Kilimambogo, where it has transformed the formerly pristine Fourteen Falls Tourist attraction into a disappointing eye sore.
Protected areas/ resources: A list of ecologically sensitive resources so far identified within the KMP focal area is tabulated below. Quite clearly, there are numerous resources that the KMP design and implementation process should remain sensitised to. ESIA studies in respect investments will map out and document such resources to rule out their being impacted by proposed investments.
Table 3.3: List of ecologically sensitive areas under KMP municipalities
|S/ No |Municipal |Protected Natural / Ecological Resources |Relevant GOK statute under which resource |
| |Council | |is protected |
|1 |Thika |Thika and Chania rivers both suffer over-abstraction and sewage |Water Act 2002 |
| | |pollution. | |
| | |Mugumo Gardens |National Monuments and Antiques Act |
|2 |Eldoret |Eldoret town is drained by several streams which are heavily polluted |Water Act |
| | |by solid and liquid waste effluent from both the commercial and | |
| | |industrial areas. | |
|3 |Machakos |Machakos lacks room for expansion. Current expansion into hilly areas |Water Act/ EMCA 1999 |
| | |causing accelerated land degradation, Town cited on a water catchment | |
| | |area hence accelerated contamination of surface and groundwater | |
| | |resources. | |
|4 |Nyeri |The two rivers draining Nyeri town are heavily polluted by sewage and |Water Act |
| | |solid waste. Kabiruini Forest is suffering encroachment. | |
| | | | |
| | | |Forest Act 2005 |
| | |Paxtu-gardens in a national monument |National Monuments and Antiques Act, |
|5 |City Council of |Ngong, Karura and Arboretum forests |Forests Act 2005 |
| |Nairobi |Nairobi National park Nairobi, Mbagathi, Rwaka, Karura and Mathare | |
| | |rivers all suffer huge pollution from solid waste and liquid effluent |Wildlife Management and Conservation Act |
| | |from slum areas |Water Act |
| | |Problem of solid waste and traffic congestion. | |
| | |National Museum, Old PCs Office, Uhuru Gardens, Jevanjee gardens, etc |National Monuments and Antiques Act |
|6 |Naivasha |Lake Naivasha shoreline |Water Act 2002, RAMSAR Site |
| | |Lake water exploited for horticulture. | |
| | |Local ground water overexploited for irrigated agriculture. | |
|7 |Mombasa |Indian Ocean Coastline | |
| | |Groundwater in Main land north is heavily contaminated by soak pits |Water Act |
| | |Raw sewage is discharged into public beaches within the coral limestone| |
| | |area. | |
Table 3.3: List of ecologically sensitive areas under KMP municipalities contd
|S/No |Municipal |Protected Natural / Ecological Resources |Relevant GOK statute under which resource |
| |Council | |is protected |
|8 |Malindi |Malindi Marine Nature Reserve, Arabuko Sokoke Forest. The coastline is |Wildlife Management and Conservation Act, |
| | |threatened by non controlled development while the ground water suffers|International Biosphere Programme |
| | |contamination by sewage discharge through soak pits. | |
| | | |Forests Act 2005/ Wildlife Management and |
| | | |Conservation Act |
| | |Old DCs Office, Vasco da Gama pillar, Gedi Ruins, Portuguese Chapel. |National Monuments and Antiques Act |
|9 |Embu |Rupingazi and Kapingazi Rivers |Water Act 2002 |
| | |Njukiini Forest |Forests Act 2005 |
| | |Both rivers are contaminated by sewage overflow from the municipal | |
| | |treatment plan causing prevalence of waterborne diseases. | |
|10 |Kericho |Kericho is situated on a hilly ground in a high rainfall area. High | |
| | |surface runoff generated from the town routinely washes off solid waste| |
| | |into the local rivers which drain into L. Victoria. | |
|11 |Kitui |Kitui Town has pristine forest vegetation. Main problems are | |
| | |contamination of numerous stream that drain the town by both solid | |
| | |effluent, oils and grease from open air garages and sewage effluent | |
| | |from the slum area, | |
|12 |Nakuru |Nakuru town is situated in the catchment area of the Lake Nakuru |Wildlife Management and Conservation Act |
| | |National Park which is world renowned for its flamingos. The lake park | |
| | |suffers contamination by solid and liquid effluent from the town and | |
| | |its industrial area. | |
|13 |Kakamega |Masinde Muliro Gardens located in the Center of Kakamega is protected |National Monuments Act |
| | |under the National Monuments Act. | |
|14 |Garissa |Main problem at Garissa is accumulation of solid waste more so plastics| |
| | |which are quite a menace in the town. | |
|15 |Kisumu |Lake Victoria shoreline |Water Act, Nile Treaty, RAMSAR Site |
| | |The Impala Park |Wildlife management and conservation Act |
| | |National Museum, Jomo Kenyatta gardens |National Monuments Act |
3.3: the socio-economic baseline
Table 3.4 summarises the core socio-economic features specific to respective KMP Municipalities. Commentaries as follows:
The people: With the exception of Nairobi and Mombasa, all other municipalities are dominated by respective local communities as follows:-
|S/No |Municipal Council |Dominant ethnic group |
|1 |Thika |Kikuyu |
|2 |Eldoret |Kalenjin |
|3 |Machakos |Kamba |
|4 |Nyeri |Kikuyu |
|5 |City Council of Nairobi |Cosmopolitan |
|6 |Naivasha |Kikuyu |
|7 |Mombasa |Cosmopolitan |
|8 |Malindi |Miji Kenda |
|9 |Embu |Waembu |
|10 |Kericho |Wakipsigis |
|11 |Kitui |Wakamba |
|12 |Nakuru |Kikuyu |
|13 |Kakamega |Waluhya |
|14 |Garissa |Wasomali |
|15 |Kisumu |Wajaluo |
Population: Based on data from the 1999 population census, the population of KMP municipalities has been analysed (table below) with Nairobi easily leading with over 2 million people while Mombasa comes a very distant second with 665,000 people. Thus, based on the population alone, the challenge to provide adequate infrastructure such as drainage, non-motorised transport, sewage disposal, solid waste management etc starts to emerge and on the converse, the potential environmental and social hazards posed by non-provision of the same start emerging. Size of population alone is a very powerful indicator of the demand for services.
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Other socio-economic data are provided in table 3.2 below.
Table 3.4: Basic socio-economic features of the KMP Focal Area
|S/No |Municipal Council |1999 Pop |Province |Unique Features |
|1 |Thika |88,265 |Central |Thika is Kenya’s Industrial Town situated at the confluence of both Thika and |
| | | | |Chania rivers. It enjoys the benefit of a flat topography and situation in |
| | | | |between open grasslands and large-scale coffee estates all of which avail |
| | | | |extensive opportunities for expansion. Thika is today one of the fastest |
| | | | |growing town in Kenya but is critically constrained by inadequacy of water |
| | | | |supply as both the Thika and Chania rivers have been extensive diverted to |
| | | | |supply commercial agriculture and the city of Nairobi. Thika has one huge slum-|
| | | | |Kiandutu situated next to the Industrial area. |
|2 |Eldoret |193,830 |Rift Valley |Though not a provincial capital, Eldoret town located in the Uasin Gishu |
| | | | |Plateau enjoys a high national profile complete with a Central Bank, |
| | | | |International airport, 2 universities, a referral hospital and is traversed by |
| | | | |an international highway and railway line. The Town suffers poor drainage on |
| | | | |account of location on a plateau while the international highway through town |
| | | | |causes huge traffic pile-ups which inconveniences all including NMTs. |
|3 |Machakos |144,109 |Eastern |Machakos Town is situated about 40 km from Nairobi in a depression surrounded |
| | | | |by heavily settled Hill Masses. Though it started off as an administrative |
| | | | |outpost, it is now a busy commercial hub serving a large agricultural |
| | | | |hinterland but also acts as a dormitory town for workers in Nairobi and Athi |
| | | | |River. It suffers problems of waste disposal and has a huge traffic congestion |
| | | | |problem. |
|4 |Nyeri |98,908 |Central |This administrative capital of Central province serves a busy agricultural |
| | | | |hinterland re-known for tea, coffee, daily and tourism. It has several slum |
| | | | |villages, 2 of which sprawl along the Chania River. Nyeri is a rapidly |
| | | | |expanding town. None of the slums have any organised sewage or solid waste |
| | | | |management system. Location on sloping ground imposes a severe storm flow |
| | | | |problem which threatens the slum residents. |
|5 |City Council of |2,143,254 |Nairobi |Kenya’s Capital City is situated at the transition between the Kapiti Plateau |
| |Nairobi | | |and S. Eastern slopes of Aberdares. Nairobi is national commercial, industrial |
| | | | |and administrative hub on which account it attracts thousands of job seekers |
| | | | |annually. Nairobi has several mega slums-the most famous of which are Kibera |
| | | | |and Mathare and is drained by numerous streams originating in the raised ground|
| | | | |to the west and south but all of which pass through the city. Environmental |
| | | | |challenges are numerous; - solid waste management in residential areas, a |
| | | | |congested dump yard, flooding during rainy season, lack of organised sewage |
| | | | |system in slum areas, etc. |
|7 |Mombasa |665,018 |Coast |Mombasa is Kenya’s second largest town and is unique owing to its location on |
| | | | |an island on the Indian Ocean Coastline. The island and adjoining mainland |
| | | | |support a thriving commercial and industrial economy driven by tourism, oil |
| | | | |trade and the Kilindini harbour and associated commodity handling and transport|
| | | | |business. Mombasa suffers inadequate drainage and sewerage coverage and has no |
| | | | |mechanism to handle non-motorised transport. The Town however hosts numerous |
| | | | |cultural heritage sites such as Fort Jesus, Kengeleni, Makinon Market, Vasco Da|
| | | | |Gama Pillar, Old Town, and Old Harbour among others. |
| | | | |Core concerns include conflict between NMTs and MTs at Likoni Ferry, Nyali |
| | | | |Bridge and Makupa causeway among others, a huge drainage problem and lack of |
| | | | |organised sewage in most residential estates. |
|8 |Malindi |117,735 |Coast |Like Mombasa, Malindi is a coastal town situated in North coast. Malindi |
| | | | |boasts of numerous cultural heritage sites including the Malindi Museum which |
| | | | |alongside a well established Swahili Culture account for a thriving tourist |
| | | | |trade. Malindi suffers inadequate drainage, traffic congestion, lack of sewage|
| | | | |system and an escalating solid waste menace. |
|9 |Embu |50,730 |Eastern |Though Embu is the administrative capital of the expansive Eastern province, |
| | | | |its lacks industries and other activities that would underpin a robust |
| | | | |commercial sector. Embu town is situated on sloping ground drained by numerous |
| | | | |tributaries of the Rupingazi river and is quite constrained for land for |
| | | | |expansion as clearly manifested by the downtown location of the sewage |
| | | | |treatment plant. Management of NMTs in Embu is a major problem. |
|10 |Kericho |500,000 |Rift Valley |Kericho municipality comprises of nine wards and is located to the South West |
| | | | |of Kenya on the highlands to the west of the Great Rift Valley. The Town’s |
| | | | |hinterland is home to the best of Kenyan Tea which is world famous for its |
| | | | |brightness, attractive colour, brisk flavour and textures of fragrant leaves. |
| | | | |With a high altitude and virtually daily rains, Kericho Municipality is within |
| | | | |the ecosystem of Kenya's best known water catchment area, the Mau Forest. |
|11 |Kitui |142,280 |Eastern |This is the southernmost outpost in Eastern province and therefore locally |
| | | | |important as administrative, commercial and service centre to the adjoining |
| | | | |hinterland. Service delivery in this town is largely inadequate especially to |
| | | | |the largely informal settlements that dominate local housing. |
|12 |Nakuru |230,515 |Rift Valley |The administrative capital of the expansive Rift Valley Province is situated on|
| | | | |an alluvial fan that slopes gently in the direction of L. Nakuru. The local |
| | | | |economy is supported by a modest manufacturing sector, huge farming interests |
| | | | |combining both large and small scale farms in the hinterland, tourism and |
| | | | |commerce. Nakuru’s rapid expansion means that existing facilities are always |
| | | | |under pressure while informal settlements are ever in need of basic services. |
|13 |Kakamega |73,607 |Western |This administrative capital for Western province is devoid of large scale |
| | | | |industries on account of which, the economy is mainly supported by small scale |
| | | | |production of sugarcane, tea and food crops. Kakamega is amongst the Kenyan |
| | | | |towns where urban non-motorised transport started and is deeply rooted though |
| | | | |poorly managed. Informal settlements and trade are also quite rife especially|
| | | | |towards the main bus terminus. |
|14 |Garissa |65,881 |N-Eastern |Garissa combines the dual roles of administrative capital for NE-Province to |
| | | | |which it also serves as the gateway on account of location of the banks of |
| | | | |River Tana. The town suffers inadequate housing while facilities for drainage |
| | | | |and waste management remain quite poor. |
|15 |Kisumu |332,024 |Nyanza |Kisumu is the administrative capital for Nyanza province and also Kenya’s most |
| | | | |prominent town on L. Victoria. Kisumu has a huge population which however |
| | | | |outstrips the local economy’s capacity to employ on which account employment is|
| | | | |quite high. Kisumu has a huge population of slum dwellers resident in Nyalenda,|
| | | | |Kondele and Mamboleo among others and support a thriving informal trade |
| | | | |featuring sale of second hand clothes, foodstuffs, and non-motorised |
| | | | |transport-mainly bicycle taxis (boda bodas). Basic infrastructure such as |
| | | | |drainage, sewage and solid waste management are lacking especially in the |
| | | | |informal settlement areas, some of which are situated in swampy areas that |
| | | | |suffer seasonal water-logging. |
Poverty Profiles: The socio-economic profiles of Kenyan Municipalities largely mirror those of broader Kenya Society- both extreme of well being ranging from the poorest of the poor(beggars) to the very richest will be found
CHAPTER FOUR: STAKEHOLDER CONSULTATIONS
4.1: Overview
Formulation of this ESMF has drawn heavily from information and efforts of diverse stakeholders who were consulted when available or whose documented inputs were reviewed and used to inform this document. In sections below, an account of the stakeholders whose input has shaped this ESMF is highlighted. A summary of individuals and documents consulted as part of this ESMF is available in the PIU files.
Selection of stakeholders for consultation was based on three criteria as follows;-
• Participation in the KMP either at Ministry of municipality level,
• Potential to be impacted by proposed investments
• Special interests in the programme either as GoK Sector, NGO, CBO, FBO etc.
4.2: Direct Consultations
Direct verbal consultations were held at 2 levels:-
PCT Level Consultations: The ESMF Team held briefing meetings with the PCT (Project Coordinator, Component Leaders and administrative staff) with a view to understanding the design, scope and motivation of the KMP. Through the PCT, the Team was able to access historical data on the KMP planning process such as recent aide memoirs, the concept note from the ODPM and MoLG, etc all of which served to define the scope and thinking behind the KMP. Participation in the PIU level consultations was sometimes expanded to include staff of the World Bank EARO who helped refine the sensitivity of the ESMF process to the Bank’s Safeguard Policies.
Municipal Level Consultations: Consultations were also extended to select Municipalities namely Nairobi, Mombasa, Malindi, Thika, Machakos, Kisumu and Nyeri where meetings were held with chief officers who also double up as members of respective PIU Teams. The ESMF Team took advantage of such consultations to better understand the local priority investments, the selection process and criteria and also assed availability of capacity for management of the social and environmental mitigation process. One of the main outcomes of the Municipal level consultations is the fact that proposed investments are still at identification stage in which case, specific impacts would be difficult to scope in detail.
During visits to target sites for investment, the ESMF Team was able to gauge the viability of proposed investments and could also perceive the scope and diversity of potential social and environmental impacts anticipated from proposed investments. Indeed, it is from such visits that some of the potential triggers to WB safeguards were either confirmed or ruled out.
The Stakeholders’ workshop to discuss the ESMF/ RPF: In line with programmed project planning process, a one day workshop was organised for Municipal –based stakeholders during which the draft ESMF and RPF documents was discussed and shared with participants. This meeting was attended by 80 participants representing the 15 collaborating municipalities. Core issues were raised as follows:-
• Municipalities requested that a course be organised to enhance their skills for environmental management;
• Participants recommended that such as workshop would also be quite useful to their councillors and parliamentarians;
• Participants wanted to understand better, provisions put in place by the programme for financing compensation to displaced persons.
Proceedings of the second stakeholders workshop was held at the Kenya School of Monetary Studies on 28th December 2009 are available within KMP files in the PMU offices.
Review of proceedings of other planning worKshs.ops: This ESMF also benefitted from access to recorded proceedings of past worKshs.ops called to discuss the KMP. A series of Municipal conferences have been held since March 2009 when planning for the project started with the sole aim of inducting Municipalities into the design and expectations of the KMP. Municipalities have been guided to better refine criteria for selection of projects proposed for KMP funding..
Review of past planning documents: As part of the ESMF process, this team reviewed the aide memoir drafted by the Joint Appraisal undertaken by a multi-donor team that visited Kenya from September 28 - October 9, 2009. This Team that comprised of the World Bank, Agence Française de Développement (AFD) and Swedish International Development Cooperation Agency (Sida) conducted a joint pre-appraisal mission of the Kenya Municipal Program[3] and prepared the most comprehensive outline of the KMP design so far. Among other players, the multi-donor team visited and held discussions with staff of the Office of the Deputy Prime Minister and Ministry of Finance, Office of the Deputy Prime Minister and Ministry of Local Government, the Ministry of Housing (MoH), the Ministry for Nairobi’s Metropolitan Development (MoNMD), and the 15 Local Authorities collaborating with the Program. By drawing heavily on the final output of this Mission more-so towards the elaboration of the KMP design, this ESMF has indirectly consulted with all contributors to the aide memoire.
4.3: outcome of the stakeholder consultation process
Table 4.1 below presents a summary of the stakeholder consultations and issues that emerged. On the ground consultations revealed that most investments proposed for support under the KMP are still at the identification stage and make stakeholders wished to revise their choices in line with emerging guidelines and conditions. It is clear that, investments as currently proposed have potential to positively improve service delivery and thus improve the esteem of Municipalities as the regional commercial and economic hubs. Implementation of investments as proposed however, has potential to trigger adverse social and environmental impacts which are fairly easy to conceptualise at generic level. The generic Environmental and Social Management and Monitoring Plan (ESMMP) presented in sections hereafter is based on the impacts as observed in the field.
Appendix 4.1 provides pictorial presentation of the stakeholder consultations
Table 4.1: Summary of stakeholder Consultations in respect of the KMP
|Stakeholder group |Period of consultation |Type of consultation |Issues raised |Projects response |Justification |
|PCT of the MOLG |As part of the ESMF/RPF |Individual |Design, focus and scope of the KMP |Obtained information on project | |
| |process | | |design, scope and focus. | |
|PIU of the Municipal Council of Mombasa |As above |Focus Group Discussion |Possibility of KMP adopting already design|Response in the affirmative so long as|This was confirmed by the PMU |
|Potential PAPs in Mombasa | |followed by site visit |projects |these fall within KMP interests | |
| | |FGD |MMC has identified a new site for bus stop|Confirmed OK provided KMP funds are |KMP funds would be better |
| | | |and intends to buy from the Kenya Railways|not channelled into the purchase |utilised where LA already own |
| | | |is that OK | |land. |
|PMU of Municipal Council of Malindi |As above |Focus Group Discussion |Possibility of revising choice of |PMU was referred to the PMU for |PMU confirmed OK to revise |
| | | |investments |information |selection during current phase |
| |As above |FGD |Will LAs be facilitated to undertake |Referred to PMU for information | |
| | | |design works | | |
| |As above |FGD |Is there possibility for LAs to revise |PMU was referred to the PMU for |PMU confirmed OK to revise |
| | | |choice of investments at this stage |information |selection during current phase |
| | |FGD |ESMF consultant enquired on presence of |Was informed that yes they are available but living way out of town |
| | | |Indigenous peoples | |
|Scavenging groups in Malindi dump yard |As above |Group discussion |Fate of their livelihoods once dump yard |Confirmed that livelihoods would be |This is allocated for under RPF |
| | | |assumes new management |compensated as per RPF | |
|PMU in Machakos Town |As above |FGD |When does the EIA take place |As per the ESMF, this will take place |As per ESMF |
| | | | |alongside the design. | |
|Potential PAPs at Machakos Town Bus |As above |Group Discussion |How will people be compensated? |All displaced will be registered through officials and then offered a |
|Terminus | | | |compensation package. |
|Municipal Council of Thika |As above |Group discussion |Given the new conditions set by PCU, is it|Yes, it is possible |Confirmed by the PCU |
| | | |possible to revise choice of sub-projects | | |
|Consultations during the 1st and 2nd |As part of the KMP |2 WorKshs.ops held in Nairobi|See PMU files |
|Municipal worKshs.ops |planning process | | |
|Consultations during the 3rd Municipal Workshop to discuss the ESMF/ RPF process |
|As part of the ESMF/RPF process. Proceedings of the workshop held in Nairobi can be traced in project files in Nairobi |
|Consultations in the 4th Municipal |As part of ESMF/RPF |Workshop |Stakeholders like civil Society, Chamber |It was resolved that LAs would explore ways of making the |
|Workshop |process | |of Commerce etc wanted to understand how |identification process more participatory |
| | | |they will be involved in identification of|It was explained that all participating LAs require hiring |
| | | |sub projects. |Environmentalists. The capacity building will cover all involved in |
| | | | |the screening and implementation of projects to sensitise them on |
| | | |Others wanted to know who the proposed |implementation of the ESMMP. |
| | | |capacity building in ESMF would cover. | |
| | | | |The PC promised to raise the matter of staff transfers with the |
| | | |A major concern raised was that of |Accounting Officer. |
| | | |persistent transfer to other | |
| | | |municipalities of LA staff who had been |All resolved that the ESMF and RPF be disclosed forthwith and sent |
| | | |earmarked and trained for the KMP |down to the LAs for further study. |
|Interaction with the KMP Appraisal Mission|As p[art of the ESMF/RPF |Two consultative meetings |Main issues discussed included modalities of finalizing the RPF and ESMF documents for bank Approval. The meeting|
| |approval process |were held in February 2010 |also raised concerns over the availability of capacity for environmental and social management at both the PMU |
| | |after both the ESMF and RPF |and LA levels of project implementation. |
| | |had been disclosed. | |
|Consultations held during the Project |Planning process for the |Working Mission of the World |Issues raised and solutions adopted are captured in the Aide Memoire, a copy of which is provided in annex 4.4 |
|preparatory period |KMP |Bank | |
Table 4.1: Summary of stakeholder Consultations in respect of the KMP Cont
Chapter Five: Environment and social Screening
5.1: screening
Screening is the first step in the ESMF process. Screening of the KMP investments will take place at two levels:-
(i): Pre-ESIA Screening: The purpose of pre-ESIA screening is to get an overview of the nature, scale and magnitude of the issues in order to determine the scope of the Environment and Social Impacts Assessment (ESIA) to be subsequently undertaken towards preparation of Project reports for review by NEMA. As well, pre-ESIA screening will determine and establish applicability of the Bank’s environment and social safeguard policies and will therefore influence development of Terms of Reference for follow up ESIA and RAP studies along with Government of Kenya’s regulatory requirements. Pre-ESIA Screening will be based on a Checklist to be completed by respective Municipalities in respect of individual sub-projects.
Table 5.1 below 1 provides pre-ESIA Screening Checklist developed for this ESMF and associated RPF.
(ii) Screening as part of the Statutory ESIA process: This process is detailed in sections below where the sequence of events is schematically presented in Fig. 5.1 below.
5.2: Timing of the ESIA Screening Process
Screening of projects for environmental and social impacts in Kenya is guided (controlled) by NEMA under Legal Notice 101 of EMCA. Regulation 4 (i) of Legal Notice 101 states that ‘No proponent shall implement a project likely to have a negative environmental impact unless an environmental impacts assessment has been undertaken’ while under regulation 4(2)/ (3), LN 101 prohibits granting of any licence under Kenyan Law unless an EIA Licence issued by NEMA is produced. Through both regulations, LN 101 thus anchors Environmental Screening as an important precondition to any development in Kenya. The import of this requirement is that screening for KMP Investments will therefore take place at the Feasibility Stages but certainly before detailed design.
5.3: The legal and regulatory process for Environmental and Social Screening in Kenya
Requirement of EMCA 1999: Social and environmental Screening of projects in Kenya is regulated by the National Environment management Authority (NEMA) under powers deriving from the EMCA 1999. Screening will be undertaken within the framework of EMCA and its Legal Notice 101 which requires that a project report be prepared for review by NEMA. Section 58 of the EMCA (The Environmental Law) requires that an Environmental Impact Assessment (EIA) study precede all development activities proposed to be implemented in Kenya. The Act further requires that EIA studies so designed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003) published by the National Environmental Management Authority (NEMA).
Table 5.1: Project/Site Screening Worksheet
This worksheet, prepared by the ESMF/RAP Team of the KMP, is designed to help Municipalities assess potential environmental and social risks, and applicable GOK regulations World Bank safeguard policies and impacts associated with project activities on a particular site. The findings will facilitate scoping of Impacts and drafting of TORs for both the ESIA and RAP studies. The worksheet therefore will have to be completed by Municipalities for each proposed sub-project at the Screening Stage immediately after project identification.
|Criteria |Yes/No |Description |GoK/ WB Policies |Proposed Mitigations or |
| | | |applicable |Enhancements |
|Part A: Details of Site location |
|Is the site or proposed investment a protected or reserved | If yes, | | | |
|site? |provide | | | |
| |distance | | | |
|Provide proximity in kms. | | | | |
| | | | | |
|Biosphere Reserve | | | | |
|National park | | | | |
|Wildlife / Bird Sanctuary | | | | |
|Wetland | | | | |
|Important Bird Areas | | | | |
|Coastal area with corals | | | | |
|Mangrove areas (or Estuary with, mangroves) | | | | |
|Natural lakes | | | | |
|Habitat of migratory birds (outside protected areas) | | | | |
|Migratory Route of Wild Animals/Birds | | | | |
|Area with threatened/rare/endangered fauna (outside | | | | |
|protected areas) | | | | |
|Area with threatened/rare/ endangered flora (outside | | | | |
|protected areas) | | | | |
|Reserved/Protected Forest | | | | |
|Zoological Park /Botanical Garden | | | | |
|Are there vulnerable or endangered species (terrestrial or | | | | |
|aquatic) in the area? | | | | |
|Are there natural habitats in the site? Or in its proximity| | | | |
|If there are natural habitats, are they fragile, unique and| | | | |
|limited in size? | | | | |
|Are these world heritage / Ramsar sites? | | | | |
|Are there wetlands, areas of saturated soils (permanent or | | | | |
|temporary), or evidence of ponding (cracks, high clay | | | | |
|content in soils, dead vegetation, water marks)? | | | | |
|Is the site already degraded (low groundwater, poor soil | | | | |
|quality)? | | | | |
|Are there steep slopes in the proximity of the investment | | | | |
|site? | | | | |
|Do people live on the proposed site? | | | | |
|List existing land uses (ranching, farming) | | | | |
|Are there existing site access roads? | | | | |
|Is the site vulnerable to natural hazards (in floodplain, | | | | |
|near volcano, on seismic fault, near coastline in hurricane| | | | |
|zone)? | | | | |
|Are there land ownership/title conflicts? | | | | |
|Are there known archaeological, historical or other | | | | |
|cultural property? | | | | |
|Are any of these world heritage/ UNESCO designated etc? | | | | |
|Do indigenous peoples live on or near the site? | | | | |
|Part B: Analysis of likely physical Impacts |
|Scope of proposed activities |
|Are large excavation works planned? | | | | |
|Will a large volume of soil be taken from off-site | | | | |
|(quarries and borrow pits)? | | | | |
|Will the investment generate an increase in solid wastes or| | | | |
|machine wastes (oil, etc)? | | | | |
|Water Resource Impacts |
|Could the investment result in a modification of | | | | |
|groundwater levels by altering flows, paving surfaces or | | | | |
|increasing water extraction? | | | | |
|Could it affect groundwater quality? | | | | |
|Could it affect quality (through sediment, wastewater, | | | | |
|storm discharge or solid waste) of nearby surface waters | | | | |
|(lake, rivers, and streams)? | | | | |
|Will it affect water quantity in nearby water bodies (lake,| | | | |
|river and stream)? | | | | |
|Are there nearby potable water sources that need to be | | | | |
|protected? | | | | |
|Ecosystem Impacts |
|Could the investment affect natural habitats or areas of | | | | |
|high ecological value? | | | | |
|Could it affect natural characteristics of adjacent or | | | | |
|nearby sites? | | | | |
|Could it affect wildlife or natural vegetation? | | | | |
|Drainage Impacts |
|Will the investment in storm water drainage affect existing| | | | |
|drainage patterns? | | | | |
|Will it cause standing water, which could cause public | | | | |
|heath risks? | | | | |
|Will erosion result in sediment discharge to nearby water | | | | |
|bodies? | | | | |
|Will surface drainage patterns be affected in borrow pits | | | | |
|and quarries? | | | | |
|Will infiltration patterns be affected? | | | | |
|Socio-economic impacts |
|Will the project entail resettlement of population? | | | | |
|Will the project affect indigenous peoples? | | | | |
|Will it limit access to natural resources to local | | | | |
|populations? | | | | |
|Will it have an impact on land use? | | | | |
|Will it induce further encroachment of nearby areas? | | | | |
|Will it cause any health impacts? | | | | |
|Will it disturb nearby communities during construction? | | | | |
|Could cultural resources be affected? | | | | |
|Could it affect nearby properties? | | | | |
|Criteria |Yes |No |Remarks/identified problems |
|Part C: Analysis of Resettlement Impacts |
|Acquisition of private land? |
|Acquisition of private land? ( If yes, specify the likely | | | |
|magnitude) | | | |
|Alienation of any type of government land including that owned| | | |
|by urban local body? | | | |
|Whether any evictions of encroachers or squatters have taken | | | |
|place in the proposed project area since the approval of | | | |
|ESMF/RPF (March, 2010), If yes provide the details | | | |
|Number of structures, both authorized and/or unauthorized to | | | |
|be acquired/cleared? | | | |
|Whether any indigenous people are likely to be affected, (If | | | |
|yes, provide the details) | | | |
|Number of household to likely to be displaced. | | | |
|Details of common properties to be affected, Pasture land | | | |
|(acres) cremation /burial ground and others specify? | | | |
|Describe existing land uses on and around the project area( | | | |
|e.g Community facilities, agriculture, tourism, private | | | |
|property)? | | | |
|Will the project result in construction of workers or other | | | |
|people moving into or having access to the area ( for a long | | | |
|period and in large numbers compared to permanent residents) ?| | | |
|Are financial compensation measures expected to be needed? | | | |
|Loss of Crops, fruit, household infrastructure and livelihood |
|Will the project result in the permanent or temporary loss of | | | |
|Crops? | | | |
|Fruit trees/coconut palms? Specify with numbers | | | |
|Household infrastructure? Specify with numbers | | | |
|Loss of agriculture land? specify with numbers | | | |
|Occupational health and safety, welfare , employment and gender |
|Is the project likely to provide local employment | | | |
|opportunities, including employment opportunities for women? | | | |
|Is the project being planned with sufficient attention to | | | |
|local poverty alleviation objectives? | | | |
|Is the project being designed with sufficient local | | | |
|participation of women in the planning design and | | | |
|implementation process? | | | |
|Criteria |Yes |No |Remarks/identified problems |
|Historical, Archaeological, or cultural Heritage sites |
|Based on available sources, consultation with local | | | |
|Authorities, local knowledge and/ or observation could the | | | |
|project alter? | | | |
|Historical heritage site(s) or require excavation near the | | | |
|same? | | | |
|Archaeological heritage site(s) or require excavation near the| | | |
|same? | | | |
|Cultural heritage site(s) or require excavation near the | | | |
|same | | | |
|Graves or sacred locations or require excavation near the | | | |
|same? | | | |
|Part D (i) : Result/Outcome of Environmental/ Social and Resettlement Screening Exercise |
|No Environment Impact Assessment Required | |
|Environment Impact Assessment Required | |
|OP4.12 category ( S1, S2, S3) | |
|RAP category required | |
|Any special conditions | |
|Part E : Authorisation |
| | |
|Screening undertaken by: .................. |Signature..................... |
|Designation............ |Date............................. |
| | |
|Approved by............................... |Signature..................... |
|Designation................................... |Date............................. |
| | |
|PIU Confirmation by ....................... |Signature..................... |
|Designation................. |Date............................. |
Important notes for officers conducting the screening:
1. The PIU should take adequate steps to ensure that there are no adverse impacts on the environment within 1 km radius of the listed protected areas during investment /sub-investment implementation. The Environmental Officers at the PIU/LA need to ensure that the required avoidance, minimization and mitigation measures are taken care of during site selection, preparation of feasibility studies detailed engineering designs and implementation/construction stages of a sub-project. This will help facilitate project supervision and monitoring during the implementation stage as well.
2. Once applicability of GOK and WB policies have been established, ensure appropriate regulatory action and clearance per flow chart below – fig. 5.1
3. Ensure that mitigation measures identified in the above matrix are translated to detail mitigation measures in the Environmental management plans for the particular investment.
4. Ensure that each EMP and RAP (if required) is integrated in the feasibility and detailed engineering drawings for the investment. Guidance provided in Section 8.8 of the ESMF
[pic]
Fig 5.1: Schematic presentation of the Environmental and Social Screening process within the KMP*
[pic]
*Entries in red imply that some financial expenditure will be incurred
Category of projects for ESIA Screening in Kenya: Under EMCA 1999, there is no minimum size threshold for projects requiring ESIA screening. Subsequently, all Investment proposed under the KMP will be subjected to ESIA screening following the process elaborated here below.
Screening will require that a Project Report be prepared for review by NEMA: In undertaking screening of KMP investments, Municipalities will be guided by Regulation 6, 7 and 8 of Legal Notice 101 (of EMCA) which requires that a Project Report be prepared for review by NEMA. Section 6 of part 1 of the Legal Notice 101 defines the focus and scope of Project Report as follows: - “An application for an Environmental Impact Assessment Licence shall be in the form of a Project Report in the form set out in the First Schedule to these Regulations, and the applicant shall submit the application together with the prescribed fee to the Authority.
In line with this requirement, Municipalities will prepare and submit Project Reports to NEMA. The Project Report as required by Legal Notice 101 of EMCA is a preliminary ESIA report which NEMA uses sometimes to License small projects. However, is based on the Project report NEMA determines that further ESIA is requires, then a full study leading to development of an environmental and social study report will be undertaken.
Further, so as to comply with Regulations 7(3) and 13 (i) of Legal Notice 101 which require that Project Reports be prepared only by Experts who have been duly registered and Licensed by NEMA, each Municipality will retain a NEMA Licensed Expert to undertake the project screening and follow-up report processing by NEMA. The Environmental Engineer to be hired should hold a recognisable University degree in Environment, Natural Resource Management, Physical geography or Engineering and a post graduate degree or Certificate of attendance in an EIA Lead Experts Course would be a definitely clear advantage. Further, prospective candidates must possess at least Five Years of experience part of which must have accrued for serving on a similar position involving direct linkage with NEMA in the processing of EIA licensing especially for infrastructure projects. Candidates must be registered by NEMA as a Lead Expert and duly licensed to practice and must be IT literate and familiar with internet based research.
Core steps in the preparation of a Project Report: The process of preparing Project Reports for KMP investments must also follow steps as follows:-
Step 1: Ascertain presence of any environmentally sensitive areas as detailed in screening criteria in table 5.1 above. For each Municipality, ascertain presence or absence of Indigenous Peoples- mainly communities such as hunter/ gatherers whose livelihood is based on primary extraction of natural resources. Tables 5.1 will serve as a checklist to guide inventory of other ecologically/ culturally sensitive resources pertinent to each municipality.
Step 2: Once table 5.1 has been applied and the ecologically/ culturally sensitive sites have been indentified, the applicability of /triggers to relevant sectoral statutes and regulations will be confirmed to ascertain whether any of the investments (sub-projects) are prohibited as per the existing law / regulations in the proposed sites. Each Sector in Kenya has elaborate rules and regulations with regard to protections of resources of interest which must be reviewed as part of the ESIA process which will require that relevant sectors ( GOK Departments) be consulted to get the latest legislation, regulations, sectoral policies and ongoing programmes. Wherein the proposed activity is restricted, the recommendation for it to be substituted will be pursued.
Step 3: Conduct reconnaissance site visits for ground truthing to incorporate additional information. Field consultations should extend to cover local NGOs, CBOs, FBOs and County Councils who normally command extensive data on specific areas of interest. Each site of interest must be visited and investigated.
Step 4: Upon completion of on the ground consultations, revisit and update the screening check list and ascertain outcomes of Step 2 above. Undertake the detailed screening process for all investments in consultation with the line departments. The outcome here is a matrix on impact identification, scoping and severity assessment. Based on this an ESIA will be carried out in line with Legal Notice 101 of EMCA1999.
Step 5: Prepare write-up into a Project Report as per regulation 7(1) of Legal Notice 101. This regulation specifies the contents of the Project Report to include:-
a) The nature of the project;
b) The Division of the project including the physical area that may be affected by the project’s activities;
c) The activities that shall be undertaken during the project construction, operation and decommissioning phases;
d) The design of the project;
e) The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal;
f) The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation;
g) An action plan for the prevention and management of possible accidents during the project cycle;
h) A plan to ensure the health and safety of the workers and neighbouring communities;
i) The economic and socio-cultural impacts to the local community and the nation in general;
j) The project budget;
k) Any other information that the Authority may require.
Step 6- Internal review and submission of Project report to NEMA: The Draft Project Report will be discussed extensively at municipality level following which it will be finalised and submitted to NEMA as per Regulation 8 of Legal Notice 101.
Step 7-NEMA makes decision on the need or otherwise of further ESIA: Based on the Project Report submitted and internal review process, NEMA will make decision on the requirement or otherwise for further ESIA Studies. The same decision will be communicated to the Municipality in capacity of Proponent.
Step 8- If no further ESIA Study required: In the event that further ESIA is not required, Section 10(2) of Part II of Legal Notice 101 allows for approval of proposed projects at the Project Report Stage and has been effectively used by NEMA to grant Environmental Licenses to small projects without requiring a full EIA. Thus in line with this regulation, NEMA can grant an environmental Licence, based on which the Investment can proceed.
5.4: In the event that NEMA requires a full cycle ESIA study
Scoping Report: In the event that NEMA determines that further ESIA is required, NEMA will require that a Scoping study be undertaken. The purpose of the scoping study is to determine the diversity (scope) and severity of impacts anticipated so as to determine the scope of investigations needed and the requisite skills for the ESIA study. The scoping study will be undertaken by a Lead Expert and submitted to NEMA for review.
Outcome of the Scoping Study: Upon review of the Scoping Report, NEMA will require further action as follows:
i) A Full Cycle ESIA be undertaken: In the event of such requirement, the ESIA process will be management strictly as per regulations 18 to 24 of Legal Notice 101 of EMCA. A major requirement at this stage is the need to subject the ESIA report to public review.
ii) A RAP Report be prepared for investments where displacement is deemed to be a major impact: The RAP report will be prepared as per guidelines contained in the KMP RPF which forms Volume two of this Report.
As well, and though this is not a requirement by NEMA, should scoping identify presence of communities falling under Indigenous Peoples, then an Indigenous Peoples Management Plan will require to be prepared in line with OP 4.10.
5.5: screening must develop an esmmp for each investment
Regardless of the stage at which environmental licensing is concluded, screening must develop an Environmental and Social Management and Monitoring Plan (ESMMP) for each Investment. This is the tool that will guide identification, mitigation and monitoring of impacts during the development cycle of each investment. While a generic ESMMP for the KMP is provided in Chapter Seven below, those developed for respective investments will be actual based on identified impacts. The ESMMP should include a set of mitigation, monitoring, and institutional measures to eliminate adverse environmental impacts to offset or reduce them to acceptable levels. The plan also should include actions needed to implement these measures. Specifically, the EMP:-
• identifies and summarizes all anticipated significant adverse environmental impacts (including those involving indigenous people or involuntary resettlement);
• describes--with technical details--each mitigation measure, including the type of impact to which it relates and the conditions under which it is required, together with designs, equipment descriptions, and operating procedures, as appropriate;
• estimates any potential environmental impacts of these measures; and
• Provides linkage with any other mitigation plans (e.g., for involuntary resettlement, indigenous peoples, or cultural property) required for the project.
• Identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the EA report and the mitigation measures described in the EMP.
• The recommended monitoring program should provide a specific description and technical details of monitoring measures including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and
• Monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation.
• The EMP should also provide a specific description of institutional arrangements stating persons responsible for carrying out the mitigation and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). To strengthen environmental management capability in the agencies responsible for implementation, EMPs may suggest (a) technical assistance programs, (b) procurement of equipment and supplies, and (c) organizational changes.
• For all the above three aspects (mitigation, monitoring, and capacity development), the EMP should provide (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) capital and recurrent cost estimates (c) sources of funds for implementing the EMP. All these cost estimates should be integrated into the total project cost estimates.
• The EMP should be integrated into the project's overall planning, design, budget, and implementation by including the EMP project contracts and establishing the EMP within the project plan to receive funding and supervision along with the other components.
The record of stake holder consultation carried out during the EA process shall be provided in the report along with the minutes of these meetings, views of stake holder agencies, affected people and local nongovernmental organizations (NGOs).
For each Investment, the ESMMP prepared will further be applied as follows:-
i) The ESMMP will be captured and integrated into the Final Design Report to ensure that impact mitigation is inbuilt into the Project Design. The ESMMP will also be captured into the Bills of Quantities to ensure that impact mitigation is provided for in the budget for each investment.
ii) The ESMMP will be captured and integrated into the Contract for construction to ensure that the Contractor is bound in contract to implement the impact mitigation programme.
iii) The ESMMP will be reviewed during periodic reporting as a means to monitoring compliance.
The ESMMF must first aim at providing for mitigation of adverse impacts while enhancing the positive ones. Activities that could enhance positive effects include:-
• Strengthening protection of common assets as part of civil works (better fencing for parks, sacred groves, reforestation, landscaping in, spring protection),
• Repair/ upgrading of any common infrastructure e.g. water pipeline, drainage system, functional turning, access road, etc ,
• Rehabilitating exploited borrow areas/ quarries into water pans with adequate protection,
• Contribution to local community projects e.g. building a classroom block in the local primary school, repair of a local dispensary, grading an access road, etc.
• Generous remuneration packages where employment is generated,
• opportunities for on-the job skills transfer,
• Counselling on HIV/AIDs,
• Consideration for permanent employment, etc.
• Exploiting local resources e.g. materials with prompt compensation to owners, etc
CHAPTER SIX: ANALYSIS OF ALTERNATIVES
6.1: The nature of alternatives
This section expounds on the process behind decisions made in regard of KMP investments as currently packaged. Decisions considered here include; - choice of municipalities, selection of priority investments by municipalities and choice of technology as captured in designed reports.
6.2: The selection of Municipalities to participate in the KMP
Criteria for selection of KMP Municipalities are expounded in the Concept Paper on KMP developed by the MoLG. Core criteria sought to apply a transparent and objective selection methodology which considered:-
• Beneficiary Population:
• Regional Balance:
• Designation as a Vision 2030 focus towns:
• City Development Strategy programme participation:
At Appraisal Stage, these criteria were expounded to tighten the screening process in light of limited financing available under the KMP and the need for the MoLG to show case what is possible with significant infrastructure investment coupled with comprehensive restructuring and capacity building. The expanded criteria for inclusion in Phase I of KMP included;-
i) All provincial capitals.
i) With the exception of provincial capitals, other Municipalities that (a) have LAIFOMS, and (b) population exceeding 75,000 in 1999 census. Municipalities meeting these criteria would be ranked based on 2007-2008 financial performance and the top 6-7 would qualify.
ii) Nairobi City and the neighboring 14 LAs in the Nairobi Metro Area[4] would participate in the KMP, subject to the above criteria and would be eligible for funds under components 1 and 2 (Institutional reforms and Planning) but would only draw large investment under the proposed Nairobi Metro Services Project other than the KMP.
iii) Based on these criteria, 15 Municipalities were selected out of which it is anticipated that only 4-6 of the top performers will be eligible for large infrastructure investments under the project. Performance Criteria under preparation by the MoLG in consultation with municipalities.
6.3: selection of priority investments
Selection at National Level: The Investment Menu to be financed under Component Three of the KMP was set at the Appraisal stage by both the MoLG and the joint-mission team to include solid waste facilities, motorized and non-motorized transport including bus parks and access roads, street lighting, markets, storm water drainage, disaster management and prevention, public parks and green spaces. This selection was based on the stated policy need to manage the urbanisation process so as to maximise on its benefits while minimising its negative impacts more-so given that the current rate of urbanisation in Kenya has over-stripped capacity for infrastructural planning and development (Vision 2030). Thus, the KMP was designed to facilitate integrated and holistic urban planning targeting, Road and Transport infrastructure, Solid waste management, Housing, Fire Safety and Market infrastructure.
Selection at Municipality level: Municipal level selection of Investments is largely based on local felt needs and availability of funding. Most municipalities were observed to have documented priority investments some of which have already been subjected to Feasibility Studies and which have now been recommended to the KMP. Where a priority investment is already under consideration by a designated donor, the next level priority investment has been proposed to the KMP. The normal process of identifying Municipal Projects is through proposals/ appeals from the local councillor to the Town Engineer who then prepares a concept paper for tabling to the full council meeting for review to ensure harmony with local felt needs. The overriding felt need in Kenya however is the need to contribute to poverty alleviation through improvement of personal livelihoods and welfare of residents.
6.4: choice of technologies
Choice of technology is normally an engineering decision informed by consideration of site conditions, availability of appropriate materials, labour versus capital intensive policy, budgetary provisions, requirements for Operation and Maintenance etc. Investments proposed for KMP are still at identification and feasibility study stage in which case, decisions regarding the choice of technology are yet to be made. However, at the ESIA stage, the choice of entire design will be subjected to review to ensure that the selected technology offers a combination of technical feasibility, economic viability and socially acceptable.
CHAPTER SEVEN: potential environmental and social impacts
Planning for sustainable development in Kenya seeks to attain the twin goals of poverty alleviation and environmental sustainability, a theme that permeates all GOK National Development Plans since the 1980s but which was most eloquently expounded on through the NEAP process of 1994. From the NEAP process, unemployment, poor access to services such as better housing, water supply and sanitation, transport, waste management and exposure to water-borne diseases emerged as some of the main challenges facing majority of the urban population in Kenya. Indeed, the same problems will be encountered in Kenyan Municipalities including those that are participating in the KMP and have largely informed selection of respective investment menus. This section seeks to map out potential impacts of the KMP to ensure that design and implementation of investments remains sensitised to local baseline challenges and remains focussed towards their solution.
7.1 The generic Impacts of the KMP
Each municipality to be supported under the KMP will be assessed for impacts under its own merit taking due recognition of the size, geographical and ecological setting for each project. The potential impacts highlighted in sections below are based on observations made on several sites targeted either for rehabilitation or new construction. Preliminary impact prediction has been made based on consideration of the potential interaction between civil works and the baseline environment of the site based on available tools And checklists. In particular, impact prediction in this study drew heavily on two documents namely: - The Checklist of Environmental Characteristics developed by the Department of Environmental Affairs of the Republic of South Africa and the Reference Guidelines for Environmental Assessments (which incorporates the Leopold Matrix) developed by USAID / REDSO / WGA – Abidjan. The magnitude, significance, and acceptability of predicted impacts was evaluated with a view to determining whether observed adverse impacts are significant enough to warrant mitigation.
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. To achieve this, predicted impacts were analyzed against parameters such as geographic spread, persistence, potential for reversibility, cumulative tendency, and potential to trigger secondary impacts, among others. Impacts were weighted on the scale of P, 2P, O, N, 2N to signify Positive, strongly Positive, Neutral, Negative, Strongly Negative impacts respectively.
Outcome of the impact analysis for investments proposed under the KMP is presented in summary form as follows:-
• Table 7.1 (a) provides the positive social and environmental impacts
• Table 7 (b) provides the negative social and environmental impacts of the KMP.
In sections below, brief descriptions of respective impacts are provided under relevant headings.
7.1.1 Potential Positive impacts and net benefits
Positive impacts of the KMP are summarised in table 7.1 (a) below. Impacts at the design and construction stage will manifest as follows:-
Opportunities for technology transfer: The design phase of the KMP has seen intense consultations in which teams from the World Bank and the GOK have interacted in the design and development of programme activities. By facilitating such forums, the KMP has already provided opportunities for information exchange and technology transfer in a process that has trickle down effects down to municipalities and all those associated with the programme.
Better understanding of the baseline environment: KMP Municipalities have been sensitised on the potential impacts of proposed investments as a result of which there is better awareness and understanding of issue of concern. As well, as a result of the ESMF process and attendant ESIA studies, a database on the environmental baseline of all KMP Municipalities will be assembled and this will contribute to environmentally sustainable planning.
Better coordination of development: On account of the Master plans developed under the KMP, development planning in urban areas will be better coordinated leading to more efficient delivery of services.
Creation of employment and business opportunities for local residents: Construction projects are labour intensive and it is expected that the local residents who seek employment will have opportunities of working in these projects. Consultants will also benefit from the short-term opportunities occasioned by the design and supervision work on the sub-projects. Additionally, there will be massive business opportunities in the supply of construction material and provision of food to the construction workers.
Improvement of access routes into project target areas: The construction of access roads for motorised, non-motorised and paved walkways will improve the aesthetics of the project areas. Since the construction of roads will be built to the required standards, incidents of emergency vehicles not being able to access areas of distress will be minimised. Depending on the extent of paving, soil erosion and dust in the areas will be reduced, hence reduction in respiratory diseases that are brought about by dust.
Reduction in traffic accidents: Investment in NMT will remove human traffic, cyclists and handcarts and other NMT from the road and thus minimise incidence of traffic accidents. The same will reduce time wasted on congested urban roads.
Benefits of provision of bus parks: The main impact will manifest in decongestion of town roads when public vehicles reroute to the terminuses, which will also see the human traffic routed to the terminuses. Congestion in town streets and associated accidents, time wastage, etc will reduce while municipalities will now better correct revenue from public vehicles entering the new facilitates.
Benefits from provision of markets: As already learned from the experience of Nairobi, relocation of hawkers to a centralised market has potential to decongest towns from both human and motorised traffic, keeps the town clear of solid waste and provides for better management of the centralised waste. Provision of markets will provide opportunities for residents to trade and earn genuine income away from open air markets and could actually be used to compensate those relocated by construction works.
Benefits of provision of water-borne sewage network: Provision of water borne sewage will firstly cut of use of soak pit and pit latrines which are decidedly a major cause of groundwater pollution more so for shoreline towns where the groundwater is quite shallow[5]. Waterborne sewage will also allow provision of more toilet facilities and thus mitigate against haphazard disposal of human waste and attendant disease hazards.
Improved visibility and security in the night: Installation of street lighting will be a major positive impact to the residents of the project areas. The lighting will enhance night vision to pedestrians, drivers, cyclists and other road users. Through the lighting, security is expected to improve and business persons are expected to open shop for longer hours.
Improved emergency preparedness and response: Components three and four of the projects entail rehabilitation and establishment of fire stations in the urban areas. It is expected that the implementation of these two components will lead to timely response to distress call by fire fighters. This is also attributed to the fact that the access roads will have been put in place and will no longer be a hindrance to get to the point of distress. Additionally, more fire fighting personnel will be trained thus enhancing the human resource element. The installation of fire fighting equipment at market places means that the local business persons will be trained on the use of the equipment.
Improved cleanliness and health, and time management: Availability of piped water and drainage system within the vicinity of residential areas implies that there will be less incidents of water borne diseases, thus improved health to the residents. Cleanliness too will be enhanced. The time that is spent fetching water will be greatly minimised and there will now be more time available to engage in more value adding activities.
Clean environment and reduction of land degradation: KMP is advocating for Integrated Solid Waste Management system which will involve sensitising the residents on means to reducing waste from source, reuse, recycling, segregating waste, and storage awaiting transportation to the landfill sites. The component of the solid waste also advocates relocating the existing dumpsites to ‘safer’ areas away from the affected residential areas. The sites will have been freed of dumping activities will then be rehabilitated using remediation and planting of vegetation and trees. This will be a great step towards enhancement of environment.
Relocation will offer opportunity to use the best proven techniques in identification of sites, design and operations. The technology that has been proposed will include energy recovery form waste incineration process and methane production form decomposing biological waste. The use of methane will drive the operations of the landfill sites towards achieving cleaner production Mechanisms.
Table 7.1(a): Matrix for potential positive social and environmental impacts under the KMP
|Investment |Activity |Primary Impact |Secondary Impact |Persistence |Ranking |Weighting |
|General impacts at Design Stage |
|General |Construction activities |Creation of employment in design, |Addition income to households |Short-term |High |2P |
| | |construction and supervision | | | | |
| | |Business opportunities from sale of | | | | |
| | |construction materials | | | | |
|Component One: Integrated |Subjecting the entire project to |Sensitizing society on environmental |Could induce attitude change towards |Long-term |High |2P |
|Urban Planning |this ESMF process |requirements |environmental conservation. | | | |
| | |Generation of a database on social and |Improves public awareness |Long-term |Moderate |P |
| | |physical environment of project | | | | |
| |Strategic and capital Investment |Local setting and documentation of |Provides a forum for coordinated and |Long-term |High |2P |
| |Plans |development priorities |rationalised development | | | |
|Positive impacts at construction and operation stage |
|General impacts of civil |Construction activities |Creation of employment in design, |Addition income to all cadre of staff |Short-term |High |2P |
|works | |construction and supervision |and their households | | | |
|Sub-component One: |Construction of key access roads |Ease of access, movement and delivery of |Improved aesthetics |Long-term |High |2P |
|Non-motorised transport |in under-developed neighbourhoods |services | | | | |
| | |Reduction of dust incidence in paved areas|Clean environment with reduced dust |Long-term |High |2P |
| |Construction of paved walkways and|Reduced incidence of traffic accidents to |Reduced costs to society and state |Long-term |High |2P |
| |driveways for bicycles and other |pedestrians and other NMT users | | | | |
| |modes of transport | | | | | |
| |Installation / restoration of |Improved visibility in the night |Improved security |Long-term |High |2P |
| |street lighting | |Longer hours of business | | | |
|SC Two: |Construction/Rehabilitation of |Provision and operation of functional fire|Employment opportunities in fire |Long-term |High |P |
|Fire Safety |Fire Stations |stations |department | | | |
| | | |Trained fire fighters |Long-term |High |P |
| | | |Reduced fire risk and safeguard of |Long-term |High |2P |
| | | |property due to fast response time | | | |
|Sub-component Three: Bus |Provision of parking lots, |Order in public transport terminuses |Shortened distance to board public |Medium-Term |Moderate |P |
|parks and market |markets, sanitation facilities, | |transport | | | |
|infrastructure |provision for cold stores, water | | | | | |
| |supply and fire fighting | | | | | |
| |facilities | | | | | |
| | |Availability of essential commodities at |Increased and improved business |Long-term |Medium |P |
| | |operation sage |opportunities | | | |
| | |Ease of maintaining cleanliness due to |Hygiene improvement |Long-term |Medium |2P |
| | |availability of water and sanitation | | | | |
| | |facilities | | | | |
|Sub-component Four: |Construction of trunk sewers and |Improved hygiene and sanitation |Reduced water borne diseases |Long Term |High |2P |
|Drainage / Sewage |storm water drains | | | | | |
|Infrastructure | | | | | | |
| | |Reduction on use of soak pits |Reduction in groundwater pollution |Long-term |High |2P |
| |Construction of decentralised |Improved access to potable water |Improved hygiene and sanitation |Long-term |High |2P |
| |water supply systems | | | | | |
|Sub-component Five: Solid |Preparation for gradual closure of|Removal of eyesore from vicinity of |Improvement of the environment of |Long-term |High |P |
|waste and environmental |existing dumpsites |residential areas |affected areas | | | |
|management | | | | | | |
| |Establishment of new regional / |Better management of solid waste |Standard system of solid waste |Long-term |Medium |P |
| |town based sanitary landfills | |management | | | |
| |Development of waste energy plants|Energy recovery from waste |Potential for clean development |Long-term |High |P |
| | | |mechanisms | | | |
| | |Possibility of new livelihoods/ |Improved welfare |Long-term |High |2P |
| | |enterprises based on recycling and | | | | |
| | |recovery | | | | |
| |Enhancement of waste collection |Cleaner towns and municipalities |Removal of related hazards and |Long-term |High |2P |
| |and transportation systems | |employment opportunities | | | |
| |Establishment of facilities for |-do- |-do- |Long-term |High |2P |
| |hazardous waste management | | | | | |
| |Restoration of degraded sites |Decontamination of soil |Improved aesthetics, minimised |Long-term |High |2P |
| |through soil remediation and | |chances of groundwater contamination, | | | |
| |re-vegetation | |reduced risk to human health | | | |
|Tally of positive effects and impacts anticipated from KMP |Total of 29 positive effects/impacts | |24 Long-term positive | |Positive weight of |
| | | |impacts | |43P |
Legend / scale for impact ranking: P, Positive; 2P, Strongly Positive; O, Neutral; N, Negative; 2N Strongly Negative
7.1.2 Potential Adverse Environmental and Social Impacts of the KMP
The section below discuses the adverse impacts anticipated from implementation of KMP sub-projects. Common impacts such as those from construction activity have been lumped together so that only those specific to sub-components are discussed separately.
i) Potential adverse impacts of poor decision making (faulty design, poor choice of technology and poor site selection).
Within the perspective of KMP proposed investments, poor decision making is potentially very disastrous. Examples of typical implications are tabulated below.
|POTENTIAL INVESTMENT |IMPLICATIONS OF POOR DECISION MAKING |
| |Faulty Design |Poor choice of Technology |Poor Site Selection |
|Non-motorised transport |Rejection by potential users |Accidents during use |Accidents and more congestion |
| |leading to wasted investment | | |
| |Can aggravate traffic accidents|Can aggravate traffic accidents |Can aggravate traffic accidents|
|Solid waste management |Incase a landfill is proposed -|Aggravating pollution e.g. through |Aggravated pollution, |
|(Landfill, collection and disposal |possibility of leaching and |spillage during transport |contamination of water |
|related activities) |contamination etc. | |resources, multiplication of |
| | | |vermin etc |
|Drainage infrastructure |Over loading leading to failure|Mixing with sewage, other failure, |Escalating accidents, |
| |and water related damage, |clogging by runoff, ponding and |aggravating water related |
| |drowning, etc |mosquito breeding, accidental |damage to infrastructure, land |
| | |drowning and injuries |degradation, water logging |
|Bud parks and markets |Motor accidents resulting in |Damage through wear and tear, |Site will be abandoned, by |
| |deaths, escalating traffic |vandalism, potential for disease |intended beneficiaries. |
| |congestion, time wastage, noise|outbreak, etc | |
| |and other nuisances, | | |
|Fire engines and Fire stations |Failure to deliver services |Failure to obtain capacity, operate |Delayed reaction time, can |
| |thus aggravating loss, |and maintain, high operation and |cause accidents during |
| | |maintenance costs. Can lead to loss |emergency. etc |
| | |of lives of fire fighting crew. | |
Given such potentially disastrous outcome of poor decision making, it is important that proper decisions be made during selection and design of investments which, among others, calls for widespread consultations with stakeholders.
ii) General adverse impacts of construction activity
All civil works as proposed under KMP investment has potential to generate impacts as listed below:-
Displacement Impacts: Some sub-components of the KMP will require land and will thus displace people either permanently or for short durations of time but by far, this impact threads all the proposed investments. It is thus the most severe and widespread. Displacement will lead to individuals losing their dwellings, shelters, businesses, enterprises and some institution like schools, social centres, health centres, and worship houses may be affected if they have encroached or located in an area or path that may be targeted for development.
Occupational health and safety concerns: Construction work will involve use of heavy equipment and building implements. Such crew is normally exposed to occupational safety and health hazards with the risks of suffering injuries, fatalities and illnesses related to the work environment. Occupational safety hazards Safety hazards will mainly be encountered by use of the equipment and implements and occupational hazards though inhalation of dust, exposure to high noise level, and poor ergonomics. These hazards, especially dust and noise are likely to impact on persons not directly working on the project sites.
Sanitation concerns from construction workers: Concentration of humanity in the construction activity will of necessity be accompanied by increased demand for sanitation which if not provided could see build—up of human waste in any bushes within vicinity of the construction site.
Potential conflict over job sharing: Opportunities for employment are always associated with influx of speculative job seekers who would normally be resented by the local labour-force. And unless this is properly handled, conflicts and confrontation can ensue leading to negative publicity to the sub-projects, delays and political interference.
Obstruction of temporary access: Other than displacement and OHS related issues, it is expected that temporary obstruction of access routes to peoples’ businesses, homes and institutions will take place during the construction.
Incidence of HIV/AIDS: The presence of construction crews , particularly in the case of migrant labour, leads typically leads to an increase in the incidence of HIV?AIDS.
Stripping the land off vegetation and top soil; This will deface the landscape and may result in loss of several trees thereby generating soil volumes. Poor handling (stockpiling) of the soil and wood debris can clogging the local drainage system thus impairing the safe removal of runoff and can cause localised flooding and water logging. Removal and disposal of top soil is always associated with loss of the soil genetic reserve which is thus lost from the site completely.
Generation of nuisances-noise, dust and vibrations at construction sites: This will emanate from operation of plant and equipment, transport of materials, the labour force, etc which, unless managed, can cause inconveniences to homesteads, trading premises, institutions, offices etc.
Table 7.1 (b): Prediction of potential adverse social and environmental impacts from the KMP
| Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity of ranking |Weighting |
| | | | |mitigation | | |
|General Impacts of construction activity |Occupational Health and Safety |Injuries to workers either due to long|Can be long-term |Can be both reversible|Low |N |
| |Concerns for construction crew and|term exposure or accidents reduces |or shorter |or irreversible | | |
| |others |their productivity and increases costs| | | | |
| | |top the state and society | | | | |
| |Sanitation concerns for |Concentration of workers can generate |Short-term |Reversible |Low |N |
| |construction crew |both solid and sanitation waste which | | | | |
| | |poses hazards to human health | | | | |
| |Proliferation of social concerns |Social decadence, increased hazard of |Short-term but |Reversible |High |N |
| |such as commercial sex, |transmission of STDs, HIV/AIDS, crime,|impacts can be | | | |
| |alcoholism, drug abuse, multiple |etc. |long-term | | | |
| |homes | | | | | |
| |Impacts in material borrow and |Quarrying for hard stone, soil and |Long-term |Reversible |Low |N |
| |transport areas |sand has potential to degrade the | | | | |
| | |land, destroy biodiversity. | | | | |
| |Stripping the land of vegetation |Loss of standing biodiversity and |Long-term |Irreversible |Low |N |
| |and top soil. |soil-borne genetic reserve in form of | | | | |
| | |seeds | | | | |
| |Generation of debri, waste soil |Can harbour vermin and poses hazards |Short-term |Reversible |Low |N |
| |and rubble |of injury to residents | | | | |
| |Displacement of human settlements |Destabilisation of livelihoods |Long-term |Has irreversible |High |2N |
| | | | |aspects | | |
Table 7.1 (b): Identification of potential adverse social and environmental impacts from the KMP contd
|Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity of ranking |Weighting |
| | | | |mitigation | | |
|General Impacts of construction activity |Generation of nuisances: dust, |Hazards to human health. Are a |Short-term |Reversible |High |N |
| |noise and vibrations |nuisance to the neighbourhood | | | | |
| |Generation of waste oil, filters |Contamination the ground, water |Short-term |Reversible |Medium |N |
| |and spare parts maintenance of |resources, etc | | | | |
| |machine / equipment | | | | | |
| |Damage to existing infrastructure |Interruption of supply |Short-term |Reversible |Medium |N |
| |(water, electricity) | | | | | |
| |Pressure on water resources |Degradation of quantity and quality |Medium-term |Reversible |Medium |N |
| |Alteration of local hydrology |Increased runoff due to tarmac and |Long-Term |Irreversible |Medium |N |
| | |paved walkways | | | | |
| |Obstruction to access routes, |Loss of business, inconveniences to |Short-term |Reversible |Medium |N |
| |visual intrusion |access premises | | | | |
|Impacts specific to |None |
|(i) Non-motorised transport | |
|(ii)Fire safety |None |
| (iii) Construction of bus parks and market |None |
|infrastructure | |
|(iv) Water supply and drainage |Destruction of biodiversity along |Minor loss of biodiversity |Short-term |Reversible |Low |N |
| |route of pipeline, intakes and | | | | | |
| |sewage treatment plant | | | | | |
|(v)Solid waste management |Closure of dumpsites |Livelihoods based on scavenging will |Short-term |Reversible |Low |N |
| | |be destabilised | | | | |
Table 7.1 (b): Identification of potential adverse social and environmental impacts from the KMP contd
|Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity ranking |Weighting |
| | | | |mitigation | | |
|SC One: Non Motorised Transport |There are no impacts considered to be uniquely triggered by construction of Non-motorised transport infrastructure |
|SC Two: Fire safety |Accidents during emergency response|Loss of lives, livelihoods, economic |Long-term |Reversible |Low |N |
| | |costs etc. | | | | |
|SC Three: Construction of bus parks and market |Generation of solid waste (market |Will create breeding grounds for |Long-term |Reversible |Medium |2N |
|infrastructure |refuse) |disease vectors and vermin | | | | |
| |Nuisances (e.g. noise, dust and |Health issues arising from the |Medium-term |Reversible |Medium |N |
| |fumes) from vehicular traffic |nuisances | | | | |
| |Proliferation of petty crimes |Loss of property, mob justice |Medium-term |Reversible |Low |N |
| | |administration | | | | |
| |Motor accidents |Injuries, fatalities |Long-term |Reversible |Medium |N |
|SC Four: Storm water drainage infrastructure |Generation of additional effluent |Stagnant water is an eye sore and |Long-term |Reversible |Medium |2N |
| |water in towns |attracts WBDVs | | | | |
| |Opening new ground for pipeline and|Destruction of biodiversity along |Long-term |Reversible |Medium |N |
| |construction of outfalls at the |route of pipeline and outfall areas | | | | |
| |sink end. | | | | | |
|SC Five: Solid waste management |Selection of landfill sites, |Degradation/littering along access |Medium-term |High |High |2N |
| |storage stations and purchase of |route | | | | |
| |collection and transport facilities| | | | | |
| |Operation of ne | | | | | |
| |Storage and handling of waste at |Ground water contamination by |Long-term |Reversible |High |2N |
| |end point |leachates | | | | |
| |Development of Waste to energy |Air pollution from particulate and |Long-term |Reversible |Low |N |
| |Plants |gaseous emissions | | | | |
|Summary and Weighting of Impacts |Total of 25 adverse effects 13 of |Weight of positive Impacts=43 P; Weight of negative impacts=32N; Net weight= 11P. |
| |which are long-term and one is | |
| |irreversible. | |
2P=High positive impact, P= moderate positive impact, 0=low impact, N=moderate adverse impact, 2N severe adverse impact.
Potential damage/ interference with existing infrastructure: Quite frequently, the site targeted for civil works could also be serving as the transmission area for other infrastructure such as underground cables, pipelines, sewer lines, etc which are not apparent on the ground. Careless implementation of civil works has often led to damage or interference with such structures thus causing disruption in services. Where infrastructure for water supply and sewage are involved, the destruction causes untold damage and discomfort in the neighbourhood and can even trigger incidence of water borne disease and must therefore be avoided at all costs.
Accumulation of waste spares and oils: Activities in the maintenance of plants and equipment will lead to generation of special wastes in form of waste spares, used oils, packaging etc which is especially hazardous to surface water.
Impacts at material borrow and transport areas: Stripping, quarrying, lasting and trampling at material borrow and transport routes has a diversity of impacts such as degradation of biodiversity and wildlife habitat, creation of open craters which pose health and safety hazards, creation of nuisances(noise, dust and vibrations) interference with public transport routes, posing hazards to other road users( the case of non-secured building stones in transit), degradation of water catchments, etc all of which will require resolution through careful planning of operations.
iii) Impacts from construction of specific investment
Investment in solid waste management has potential to interfere with livelihoods of informal waste collectors. All dump yards in Kenya are inhabited by individuals who make a living out of scavenging for materials such as paper, bottles, wood, etc which they recycle at a feet and such livelihoods are likely to be impaired by proposed closure of dump yards for modernised operation. However, since this is more of a displacement impact, it will be handled under Volume Two of this ESMF.
(iv) Impacts associated with operation of completed facilities
Impacts at the operation phase are specific to investments and are likely to manifest as follows:-
• Impacts from operation of Markets: Operation of markets will attract human and motorised traffic and is therefore likely to lead to localised traffic congestion, increased demand for sanitation, noise pollution, increased generation of market waste including polythene packaging, organic waste, empty bottles etc.
• Impacts from operation of bus parks: Construction of bus parks and their access roads will create large areas that are impervious to rainwater meaning that vast quantities of surface runoff will ensue from such areas during even the slightest storms and will thus require evacuation through functional drainage. This problem is compounded by the fact that such runoff will also wash oil spills and thus pollute surface water.
• Bus parks will attract many vehicles which though stationary, will have running engines which will trigger localised increase of exhaust fumes some of which could be laden with lead. Continued exposure of human beings especially stall operators to such fumes is likely to compromise their health.
• Impacts from operation of water supply, drainage and sewage infrastructure: Water supply will ultimately create additional effluent water in towns whose poor management could pose hazards associated with water born diseases including build-up of malaria cases. Similar effects could emanate from non-maintenance of drainage canals whose clogging can also cause water logging and localised flooding and build up of mosquito population. As well, sewage treatment plants will create conditions conducive to mosquito breeding while leakage of untreated sewage into either surface or groundwater has potential for contamination and attendant hazards of water borne diseases. Accidental drowning in sewage ponds is a risk that is ever inherent to their operation.
• Impacts from operation of Fire Stations: Given the emergency nature of responses to fire distress calls, operation of Fire Stations always poses dangers of accidental injury to those living within close vicinity while the fire fighting mission itself poses threats to personnel safety and health.
• Impacts from new approaches to solid waste management: Proposals under this sub-component are still poorly understood. However, impacts are likely to be felt at the point of handling, sorting and processing of waste. Secondary processing of waste towards energy generation, etc is likely to generate secondary waste and atmospheric pollutants which also require effective management while selection and opening of new dump yards has its own wide range of impacts similar to those from civil works.
• Another concern to waste management derives from observations in Malindi to the effect that, over 50% of the waste currently handled at the dump yard comprises of organic (herbaceous) material that could easily be composited into manure at the point of source. The import of this practice is that the land is slowly being impoverished through denial of organic carbon which is subsequently burnt at the dump yard. Such trend is potentially disastrous as it continuously and increasingly undermines the sustainability of the national land resource base.
7.2: NET SOCIAL AND ENVIRONMENTAL IMPACTS BEFORE MITIGATION
Based on generic impacts (table 7c), the net social and environmental impact of KMP investment is as follows:-
Before mitigation, KMP are likely to confer an overwhelmingly net positive social and environmental impact. Investment will trigger numerous positive impacts, 24 of which are deemed to be long-term in prevalence. While construction phase activities are common to all investments, operation phase activities are however specific to each project with the severity being determined by site conditions. Though a generic ESMMP is provided in sections below, this is just a guideline and detailed site-specific impact assessment will have to be undertaken in respect of each investment.
The most drastic adverse impact of the KMP is the potential for most investments to permanently displace human settlements. This impact is the subject of the Resettlement Policy Framework provided in Volume Two of this Report.
In sections below proposed measures to mitigate potential environmental and non-resettlement impacts of the KMP are highlighted.
CHAPTER eight: ENVIRONMENTAL MANAGEMENT measures
This chapter outlines the Environmental and Social Management and Monitoring Plan (ESMMP) proposed for the KMP comprised of four core elements namely;- the Impact Mitigation Plan (unveiled in table 8.1), the Monitoring Plan (unveiled in Table 8.2), Institutional Arrangements and the budget (Table 8.4). As a Policy, environmental and social management in the KMP will be integrated in all stages on the development cycle of individual investments with supervision at both Municipal and PMU level. Further, the core approach to mitigation is avoidance of impacts but where conditions impose challenges to avoidance, measures to minimise adverse impacts while enhancing positive ones have been recommended.
8.1: the impact mitigation plan
Arrangement: The Impact Mitigation Plan-IMP as outlined in table 8.1 below recognises three broad categories of impacts which have subsequently been lumped together as follows:-
• General Impacts of construction: These are general to all civil works and have been addressed jointly;
• Specific Construction Phase Impacts: Impacts unique to each investment are identified and addressed;
• Specific Operation Phase Impacts: Impacts unique to the operation of each Investment have been identified and addressed.
Feasibility of Mitigation: Mitigation of potential impacts of the KMP is largely feasible as the bulk of impacts are neutralised through application of routine management measures. Upon mitigation, the net social and environmental worth of the Programme is likely to improve drastically with the total tally of Ps (net positive impacts) increasing from 11 to 35. An aggressive programme for impact mitigation will have to be pursued permeating all stages of the Development Cycle right from feasibility stage through design to operation and maintenance.
Residual Impacts: This ESMF observes that, 12 out of 26 adverse impacts anticipated from the KMP have residual tendencies and cannot be completely eliminated through mitigation. Further, the majority (nine out of 12) of such impacts are likely to manifest during the operation phase of proposed investments (residual Ns in table 8.1). This ESMF requires that detailed ESIA studies be undertaken so as to fully investigate occurrence of such impacts in proposed projects in the event of which, design of investments will be amended as appropriate. A policy of avoidance will be pursued during design of such investments so as to minimize hazards.
Mitigation of Displacement: Resolution of displacement impacts will be through development and implementation of Resettlement Action Plans at the Design Stage of Investments. Modalities of developing the RAPs are the subject of the volume two to this report-the Resettlement Policy Framework. The cost of displacement will be borne in the entire cost of the investment.
Towards resolution of non-resettlement social impacts, project design will pursue a policy of locally hiring workers who commute from their home to the construction sites and back. The social departments of LAs will mount sensitisation campaigns on likely concerns including HIV and AIDs, drug abuse, etc.
Table 8.1(a): Mitigation of general impacts of construction stage – follow guidelines in section 8.2.3.
|Investment | Activity/Task |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|These impacts are |Land acquisition for construction |Displacement of human settlements |Prepare and implement Resettlement Action Plans |N |
|general to all | | | | |
|investment | | | | |
| |Deployment of workers on site |Occupational Health and Safety Concerns for |Deploy sober qualified staff under competent supervision. Must |N |
| | |construction crew and others |provide PPEs. | |
| |Deployment of workers |Sanitation concerns for construction crew |Provide onsite sanitation facilities |O |
| |Initiation of labour intensive projects|Influx of speculative job seekers |Apply fair play with priority going to locals |O |
| |Deployment of construction workers |Proliferation of social concerns |Local hiring of workers coupled with a counselling programme |N |
| | |(commercial sex, alcohol and drug abuse, multiple | | |
| | |homes, etc) | | |
| |Deployment of construction workers |Exposure to HIV/AIDS and other vices |Local hiring of workers who go home after work coupled with |N |
| | | |sensitisation programmes. | |
| |Material borrowing and transport |Impacts in material borrow and transport areas |Rehabilitate to NEMA approval |O |
| |Opening up sites for construction |Stripping the land of vegetation and top soil. |Avoid volatile / ecologically sensitive sites |O |
| |Excavations and demolition activity |Generation of debris, waste soil and rubble |Disposal as appropriate. Reuse in civil works, landfills etc. |O |
| |Operation of Plants, Equipment and big|Generation of nuisances:-dust, noise and vibrations|Prior warning to residents followed by effective management to |O |
| |labour force | |shorten period of construction activity. Wet curing to control | |
| | | |dust | |
| |Storage of fuel oils, lubricants, |Hazards of fire outbreak, oil and chemical spills. |Follow specifications of the Occupational Health and Safety Act, |N |
| |chemicals and flammable materials | |EMCA 1999 and others in the development and operation of stores. | |
| |Maintenance of Plant and Equipments |Generation of waste oil, filters and spare parts |All repairs in designated garages. Apply the 3Rs principle |O |
| | |maintenance of machine / equipment |(Reduce, re-use and recycle) in waste management. | |
| |Excavation, levelling and general civil|Damage to existing infrastructure (water, |Map and zone out all infrastructures for preservation. Budgetary |O |
| |works. |electricity) |allocation for replacement. | |
Table 8.1(b): Mitigation of construction impacts specific to each investment – follow guidelines in section 8.2.3
|Investment |Activity |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|Fire safety – fires |No unique impacts at construction stage . Construction of fires stations will follow guidelines for mitigation of construction stage impacts as relevant and applicable |
|engines and fires | |
|stations | |
|Bus Parks and Markets |Rerouting of traffic to temporary bus |Inconvenience to passengers, traders and general |Shorten the period of construction |N |
| |parks |activity in affected areas |Improved signage for directions on re-routing | |
|Non Motorised |Paving sidewalks and pedestrian |Potential for alteration of local hydrology due to |Harness and channel all runoff to functional drainage. |O |
|transport |passage, |creation of impervious surfaces | | |
| |Construction of overhead footbridges, | | | |
| |motorcycle yards and parking. | | | |
| | |Obstruction to access routes, visual intrusion |Provide alternative access, shorten construction period. |O |
|Storm-water drainage -|Opening new ground for pipeline and |Destruction of biodiversity along route of pipeline |Botanical surveys to delineate critical ecosystems for |O |
| |construction of outfalls at the sink |and outfall areas |conservation. | |
| |end. | |Analyze alternatives for best route selection to minimize any | |
| | | |adverse impact for new pipelines. | |
|Solid waste management|Opening up of new landfills, |Loss of scavenging livelihoods |Provide for compensations of scavengers in the RAPs |P |
|– |collection sorting and disposal of |Potential for leaching if landfill not designed |Follow standards and norms for scientific landfill design | |
| |solid waste |scientifically | | |
Table 8.1 (c): Mitigation of impacts at operation phase
|Investment |Activity |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|SI One: on non- motorised | |Pedestrian and traffic conflict |Improve signage and direction for pedestrians and / or | |
|transport | | |non-motorized traffic | |
|SI Two: Fire safety |Operation of Fire Engines and Fire |Accidents during emergency response |Designate Emergency routes |O |
| |Stations | | | |
| SI Three: Bus parks and |Operation of Bus Parks and markets |Generation of solid waste (market refuse) |Modalities for waste management to be put in place – |N |
|market infrastructure | | |ensure link of waste collection form bus park to | |
| | | |mainstream waste collection | |
| | |Nuisances (noise, dust, fumes) from vehicular traffic |Apply relevant legislation and rules such as Penal Code, |N |
| | | |EMCA, 1999 and others. | |
| | |Proliferation of petty crimes |Law enforcement and community policing / monitoring |N |
| | | |Creation of bus park / market infrastructure maintenance | |
| | | |committees to help monitoring | |
| | |Increase in accidents from vehicular traffic |Enforce Traffic Code and Municipal by-laws |N |
| SI Four: Storm water |Inadequate maintenance of storm water |Generation of additional effluent water in towns |Design must allow for removal of effluent water into |N |
|drainage |drainage | |proper discharge network | |
| | |Hazards of contamination of groundwater at disposal |Locate outfall away from human settlements and shallow |N |
| | |point |groundwater areas. | |
| | |Hazards of mosquito breeding at sewage plant. |Must control mosquito breeding by LA, through malaria |N |
| | | |control programme | |
| | |Hazard of accidental drowning |Restrict entry to staff only using a lockable entry. |O |
| SI Five: Solid waste |Operation of new dump yards/ landfills and|Degradation/littering along access route |Enforce LN on Waste Transport and handling. |N |
|management |waste collection systems. | | | |
| | |Ground water contamination by leachates |Site Plant away from shallow groundwater. |N |
| |Operation of waste treatment plants |Air pollution from particulate and gaseous emissions |Design to allow for effective management of all effluent |N |
| | | |into proper discharge network | |
Phasing of Mitigation: Impact mitigation in the KMP will start at the ESIA (Screening) stage. Accruing Environmental and Social Management and Monitoring Plans (ESMMPs) will be used to refine/ amend Design of Investments by incorporating measures required to minimize impacts. The policy of avoidance will largely be applied here especially to mitigate impacts likely to manifest at the operation phase. The design will also allow for mitigation of construction phase activities mainly through provision of adequate budgets in the contract for construction for use in impact mitigation. The same will be reflected in the BOQs.
8.2: The Environment and Social management and monitoring plan-esmmp
8.2.1: General features
Arrangement: The generic ESMMP for KMP in matrix form is provided in table 8.8 below organised in nine columns as follows:-
|Column No. |Narrative |
|Column One |Provides the Activity Group/ Sub component/ Investment |
|Column Two |Source of Impact / Specific activity |
|Column Three |Anticipated impact |
|Column Four |Proposed mitigation measure |
|Column Five |Phase of the Project Development Cycle when mitigation is required |
|Column Six |Identifies the responsibility for mitigations/ source of funding |
|Column Seven |Identifies the Objectively Verifiable Indicators (OVI) towards compliance |
|Column Eight |Allocates the responsibility for monitoring implementation of mitigation |
|Column Nine |Identifies responsibility for Statutory Oversight Monitoring |
Application of the ESMMPs: Once ESIA Studies are completed and respective ESMMPs developed, the latter will find immediate application as follows:-
i) Integration into the Final Design Report- as a standalone chapter and also to moderate design decisions
ii) Integration into the BOQs to ensure funding allocation of environmental and social mitigation
iii) Integration into the Contracts for Construction to ensure that the contractor is legally bound to implement impact mitigation
8.2.2: General Mitigation at Design Stage:
All mitigation will be planned for at the Design Stage through integrating of ESMMPs into the design of respective Investments. Under this ESMF, therefore, it is fundamental that ESIA studies take place before detailed design stage. Based on outcome of the ESIA Studies, respective designs will be amended so as to minimize or entirely avoid damage as identified. Design phase will also zone out and map all existing infrastructure either for preservation of for computation of replacement costs.
Phasing of specific mitigation: Other mitigation activity will take place either during construction or operation phase, depending on when impacts manifest.
Table 8.2 (a): The ESMMP for General Construction Activities – follow guidelines in Section 8.2.3
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible Cost Head |Objectively verifiable |Monitoring |Monitoring |
| | | | | |indicators |Authority |Oversight |
|General construction |Site acquisition for civil |Displacement of human |Prepare and implement Resettlement|LA |Approved RAPs |MoLG |NEMA |
|activities |works- |settlements. |Action Plans | | | | |
| |Opening up of sites for |Stripping the land of vegetation|Avoid volatile / ecologically |Contract for |Clauses in Contract for |LA |NEMA |
| |construction |and top soil. |sensitive sites |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Deployment of workers |Occupational Health and Safety |Deploy sober qualified staff under|Contract for |Clauses in Contract for | |NEMA |
| | |Concerns for construction crew |competent supervision. Must |construction |construction and Certificates | | |
| | |and others |provide PPEs. | |of Completion | | |
| |Deployment of workers |Sanitation concerns for |Provide onsite sanitation |Contract for |Clauses in Contract for |LA |NEMA |
| | |construction crew |facilities |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Initiation of labour |Influx of speculative job |Apply fair play with priority |Contract for |Clauses in Contract for |LA |NEMA |
| |intensive projects |seekers |going to locals |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Deployment of workers |Proliferation of unsafe sexual |Local hiring of workers coupled |Contract for |Clauses in Contract for |LA |NEMA |
| |especially in labour camps |practices and increased |with a substance abuse and |construction |construction and Certificates | | |
| | |substance abuse |HIV/AIDS counselling programme and| |of Completion | | |
| | | |access to condoms and treatment. | | | | |
| |Extraction of construction |Impacts in material borrow and |Rehabilitate to NEMA approval |Contract for |Clauses in Contract for |LA |NEMA |
| |materials |transport areas | |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Construction/ demolition |Generation of debri, waste soil |Disposal as appropriate |Contract for |Clauses in Contract for |LA |NEMA |
| |activity |and rubble | |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Operation of plant and |Generation of nuisances:-dust, |Shorten period of construction |Contract for |Clauses in Contract for |LA |NEMA |
| |equipment |noise and vibrations |activity. Wet curing to control |construction |construction and Certificates | | |
| | | |dust | |of Completion | | |
| |Storage of fuel oils, |Hazards of fire outbreak, oil |Follow specifications of the |Contract for |Clauses in Contract for |LA |NEMA |
| |lubricants, chemicals and |and chemical spills. |Occupational Health and Safety |construction |construction and Certificates | | |
| |flammable materials | |Act, EMCA 1999 and others | |of Completion | | |
| |Maintenance / servicing of |Generation of waste oil, filters|All repairs in designated garages.|Contract for |Clauses in Contract for |LA |NEMA |
| |plants and Equipments |and spare parts from |Apply 3Rs. |construction |construction and Certificates | | |
| | |maintenance of machine / | | |of Completion | | |
| | |equipment | | | | | |
| |Clearing and excavation to |Destruction of biodiversity |Botanical surveys to delineate |LA |Utilities map/ Budget for |MoLG |NEMA |
| |lay pipe work |along route of pipeline, |critical ecosystems for | |repairs | | |
| | |outfall and sewage treatment |conservation. | | | | |
| | |plant | | | | | |
| |Displacement of traders by |Loss of livelihoods |Provide for compensations of |LA |Approved RAP |Social Committee |NEMA |
| |civil works | |scavengers in the RAPs | | | | |
Table 8.2 (b): The ESMMP for Investment-specific construction activities – follow guidelines in section 8.2.3
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible Cost Head |Objectively Verifiable |Monitoring Authority |Monitoring |
| | | | | |Indicators | |Oversight |
|SI One: on motorised transport |Construction of Fire |There are no impacts considered unique to construction of non-motorised transport facilities. The above stated construction stage impacts will apply as |
| |Stations/ Purchase of fire |relevant |
| |engines | |
|SI Two: Fire safety |Construction of Fire |There are no impacts specific to construction of fire stations or purchase of fire engines |
| |Stations and purchase of |The above stated construction stage impacts will apply as relevant |
| |Fire Engines | |
| SI Three: Bus parks and market |Construction of impervious |Alteration of local hydrology |Harness and channel all runoff|LA |Utilities map/ Budget |MoLG |NEMA |
|infrastructure |surfaces such as bus parks | |to functional drainage. | |for repairs | | |
| SI -Four Storm Water Drainage |Excavation, other civil |Obstruction of to access |Provide alternative access, |LA |Utilities map/ Budget |MoLG |NEMA |
| |works |routes, visual intrusion |shorten construction period. | |for repairs | | |
|SI-Five Solid waste management-Land|Development of waste to |There are no activities considered unique to investments in solid waste management |
|Fills, purchase of collection and |Energy Plants – |Table 8.1 above mentions impacts related to activities in this category of investment |
|Transport of waste | |Additionally in this case specific ESIA will be as per EMCA. |
Follow guidelines for construction stage management of environment and social impacts, provided in ESMF, Section 8.2.3
Table 8.2 (c): The ESMMP for Operation Phase Impacts
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible Cost |Objectively Verifiable |Monitoring Authority |Monitoring Oversight |
| | | | |Head |Indicators | | |
|SI One: on motorised |Operation of pedestrian |Misuse of pedestrian passage by |Physical barriers to motor |Clauses in the |Design report, Clauses |LA |LA |
|transport |passage, overhead |motorised traffic-either for passage or|vehicles. |Contract for |in Contract for | | |
| |footbridges |parking – conflict with motorized |Improved direction and signage |construction |construction, Completion| | |
| | |traffic | | |Certificates | | |
| | |Creation of impervious surface causing |Use of paving technology that |Contract for |Clauses in Contract for|LA |LA |
| | |runoff generation |allows for infiltration |Construction |Construction | | |
| | | |Check alignment of passages | | | | |
| | | |proposed, follow road alignment to | | | | |
| | | |the extent possible | | | | |
| SI Two: Fire safety |Operation of Fire Engines |Accidents during emergency response |Designate and maintain Emergency |LA |Alignment with disaster |Planning Committee |NEMA |
| |and stations | |routes | |management strategy |Disaster management | |
| | | | | |Approved Strategy |authority / LA | |
| | | | | |Monitoring reports | | |
|SI Three: Bus parks and |Operation of markets and |Generation of solid waste (market |Modalities for waste management to |LA |An approved waste |Environmental Committee or|NEMA |
|market infrastructure |bus parks |refuse) |be put in place | |management plan |bus park maintenance com | |
| | | | | | |or market infrastructure | |
| | | | | | |committee/LA | |
| |Operation of bus parks |Nuisances (noise, dust, fumes) from |Apply relevant legislation and |LA |Enforcement Plan |Environmental Committee/LA|NEMA |
| | |vehicular traffic |rules | | | | |
| | |Proliferation of petty crimes |Law enforcement and community |LA |Enforcement Plan |GP Committee/LA |NEMA |
| | | |policing. | | | | |
| | |Accidents from vehicular traffic |Enforce Traffic Code and Municipal |LA/ Kenya Police |Enforcement Plan |Traffic Dept |NEMA |
| | | |bylaws | | | | |
|SI-Four Storm Water |Operation of Storm Water |Hazards of contamination of groundwater|Locate Plant away from human |Contract for |Design Report, EIA |MoLG |NEMA |
|Drainage |Drainage infrastructure |and mosquito breeding at sewage plant. |settlements and shallow groundwater|Design |Report, | | |
| | | |areas. | | | | |
| | |Hazards of mosquito breeding at clogged|Must control mosquito breeding. |LA |Programme for mosquito |Environment committee/LA |NEMA |
| |Inadequate maintenance of |sewage plant. | | |control. Budgets | | |
| |drainage | | | | | | |
| | |Hazard of accidental drowning |Restrict entry to staff only using |LA |Construction report |Environmental Committee/LA|NEMA |
| | | |a lockable entry. | |backed by approved O&M | | |
| | | | | |plan. | | |
|SC-Five Solid waste |Transport of refuse |Degradation/littering along access |Enforce LN on Waste Transport and |LA |Clauses in contracts for|Environmental committee/LA|NEMA |
|management-Land Fills, | |route |handling. | |garbage transport. | | |
|purchase of collection and | | | | | | | |
|Transport of waste | | | | | | | |
| |On site storage of refuse |Groundwater contamination by leachates |Site Plant away from shallow |Contract for |Clauses in contract for |MoLG |NEMA |
| | | |groundwater. |Design |design, approved design | | |
| | | | | |report. | | |
| |Waste to Energy processing|Air pollution from particulate and |Design to allow for effective |Contract for |Clauses in contract for |MoLG |NEMA |
| | |gaseous emissions |management of all effluent |design |design. Approved design | | |
| | | | | |report. | | |
Table 8.2 (c): The ESMMP for Operation Phase Impacts contd
Typical format for EMP/ESMMP for inclusion in the contract documents – guidance for translating the above table 8.2 to an investment specific EMP
Investment: list the name, location, size, proposed activity (new proposal, rehabilitation etc)
Prepare table for Planning and design phase; construction phase; post construction / operation phase as follows
|Impacts |Management measures |Responsibility |Budget/ Cost |Timeline |Reference to contract |Monitoring |
| | | | | |document / clause |responsibility |
| | | | | | | |
| | | | | | | |
| | | | | | | |
8.2.3: General Mitigation at Construction Stage
Permits and Licences
i) The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced/ adhered to;
ii) The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract.
Site Preparation Phase
Location of Contractor’s camp site
Where the contractor will require setting up a site, the same shall be determined in collaboration with the RE taking into consideration the following:
a. Preferably to be located on land already cleared wherever possible;
b. Not to be installed in the areas used as wildlife grazing areas or migratory corridors or in the area with more dense vegetation or densely settled areas;
c. It should also avoid the areas, where the soil has higher erosion risk;
d. The need to be more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
e. The local administration shall be involved in the site location to avoid destruction of any ritual site or any other conflict;
f. The Contractor’s Camp layout shall take into account availability of access for deliveries and services and any future works;
g. The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub-contractors that may work on the project.
Environmental Training and Awareness
i) The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMP;
ii) The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this ESMP in his costs and programming;
iii) An initial environmental awareness training session shall be held by the LA prior to any work commencing on site, with the target audience being all project personnel;
iv) The training shall include but not limited to the following
• Basic awareness and understanding of the key environmental features of the work site and environs;
• Understanding the importance of and reasons why the environment must be protected;
• Ways to minimise environmental impacts;
• Relevant requirements of the ESMP;
• Prevention and handling of fire;
• Health risks pertinent to the site, including prevention of communicable diseases;
• Awareness, prevention and minimisation of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases;
• The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS, protection of wildlife and natural resources;
• The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE.
HIV/AIDS awareness and prevention campaign
i. The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst his workers for the duration of the contract, contracting an implementing organisation, with preference for an organisation already working on this issue in the project area;
ii. The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free) and theatre groups.
Local Labour/Employment
Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work.
Construction Phase
ESMP management records
Environmental management records shall be kept on site during the duration of construction and shall include the following:
Contractor’s Camp
The Contractor shall implement the following as required:
i. A suitable storm-water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming;
ii. A suitable potable water supply;
iii. Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities;
iv. Suitable sanitation facilities, adequate for the number of staff on site;
v. Facilities for cooking;
vi. Facilities for solid waste collection;
vii. Facilities for waste water management.
The method for provision of these services will be approved by the RE.
Water Supply
The Contractor must adhere to water quality regulations and rules as described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Rules describe the following:
a) Water sources for domestic use;
b) Sewage treatment;
c) Ground water;
d) Water for agricultural use;
e) Water for other uses;
f) Schedules depicting standards.
Abstractions from natural, municipal and/or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of MoR for the abstraction of water.
Conservation of vegetation and protection of wildlife
i. Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed. Nor should any unauthorised planting of vegetation take place;
ii. The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc shall be encouraged;
iii. Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas.
iv. Trees should be trimmed rather than removed wherever possible;
v. The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources;
vi. There is a possibility of encountering wildlife during the construction works, these animals should be avoided and not perturbed;
vii. Wildlife poaching or game hunting is forbidden.
Protection of watercourses
a. The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings;
b. Sedimentation from the construction works of perennial rivers and streams must be minimised;
c. No construction materials shall be stockpiled within areas that are at risk of flooding;
d. The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons;
e. All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean sand or larger particles. Silts and clays shall not be permitted in the fill;
f. Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river;
g. The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile;
h. The Contractor shall preserve all riparian vegetation;
i. The Contractor shall not pollute the watercourse through any construction activities.
Planning Borrow Pits and Quarries
Where required, all borrow pits sites shall be clearly indicated on a plan and approved by the RE.
i. The Contractor will be responsible for ensuring that appropriate authorisation to use the proposed borrows pits and quarries has been obtained before commencing activities;
ii. Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
iii. The Contractor shall give 14 days notice to nearby communities of his intention to begin excavation in the borrow pits or quarries;
iv. The Contractor shall prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimise the risk of erosion.
Construction and Operation of New Borrow Pits and Quarries
a. Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete;
b. Storm-water and groundwater controls shall be implemented to prevent runoff entering streams and the slumping of soil from hillside above;
c. The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil.
Blasting
i. If blasting is required, the Contractor will be responsible for obtaining a current and valid authorisation from the Department of Mines and Geology prior to any blasting activity. A copy of this authorisation shall be given to the RE;
ii. A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times;
iii. The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area);
iv. The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site;
v. The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor’s expense to the satisfaction of the RE and the relevant authorities;
vi. The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given;
vii. The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover.
Asphalt, Bitumen and Paving
The site of the asphalt plant shall be selected and maintained according to the following basic criteria:
a. The plant shall be situated on flat ground;
b. Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site;
c. Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances;
d. The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff;
e. The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE;
f. Well-trained staff shall be responsible for plant workings.
g. Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water;
h. An area should be clearly marked for vehicle access;
i. Drums/tanks shall be safely and securely stored;
j. Materials requiring disposal shall be disposed of at an appropriate waste facility.
Cement/Concrete Batching
i. Where required, a Concrete batching plant shall be located more than 20m from the nearest stream/river channel;
ii. Topsoil shall be removed from the batching plant site and stockpiled;
iii. Concrete shall not be mixed directly on the ground;
iv. The concrete batching works shall be kept neat and clean at all times;
v. Contaminated storm-water and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away;
vi. Unused cement bags are to be stored so as not to be effected by rain or runoff events;
vii. Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via wind blown dust);
viii. Concrete transportation shall not result in spillage;
ix. Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment;
x. Suitable screening and containment shall be in place to prevent wind blown contamination associated with any bulk cement silos, loading and batching;
xi. Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site;
xii. All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable;
xiii. All excess aggregate and sand shall also be removed;
xiv. After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed.
Air and dust emissions
Air emissions from construction machinery, including dust, is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimised.
The Contractor shall be responsible for the control of air emissions and dust arising from his operations and activities.
a. Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications;
b. Asphalt plants and concrete batching plants shall be well sealed and equipped with a dust removal device;
c. Workers shall be trained on dust minimisation techniques;
d. The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible;
e. The contractor shall not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road;
f. Water sprays shall be used on all earthworks areas within 200 metres of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE;
g. Vehicles delivering soil materials shall be covered to reduce spills and windblown dust;
h. Vehicle speeds shall be limited to minimise the generation of dust on site and on diversion and access roads;
i. Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO.
Disruption of Access to Property
Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption.
Spoil Sites
Where the Contractor is required to spoil material, environmentally acceptable spoil sites must be identified and approved by the RE and EO, taking into consideration the following:
i. Preferably to be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict;
ii. The need to be more than 20 meters from watercourses and in a position that
iii. will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
iv. The development and rehabilitation of spoil areas shall include the following activities:
v. Stripping and stockpiling of topsoil;
vi. Removal (to a nominal depth of 500mm) and stockpiling of subsoil;
vii. Placement of spoil material.
viii. Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site;
ix. Placement of excavated subsoil and then topsoil over spoil material;
x. Contouring and re-vegetation;
xi. The Contractor shall ensure that the placement of spoil is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas.
Noise Control
a. The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas;
b. Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE;
c. Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE;
d. The Contractor must adhere to Noise Prevention and Control Rules of April 2005.
Storm-water Management and Erosion Control
The Contractor shall take reasonable measures to control storm water and the erosive effects. During construction the Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works as soon as possible and by taking measures to prevent the surface water from being concentrated in drainage channels or streams and from scouring slopes, banks or other areas.
Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include:
• Areas stripped of topsoil;
• Soil stockpiles;
• Spoil sites;
• Borrow pits;
• Sites for bridges and drainage structures.
On any areas where the risk of erosion is evident, special measures may be necessary to stabilise the areas and prevent erosion. These may include, but not be limited to:
i. Confining construction activities;
ii. Using cut off drains;
iii. Using mechanical cover or packing structures such as geofabric to stabilise steep slopes or hessian, gabions and mattress and retaining walls;
iv. Mulch or chip cover;
v. Constructing anti-erosion berms;
vi. The erosion prevention measures must be implemented to the satisfaction of the RE;
vii. Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO;
viii. The Contractor shall be liable for any damage to downstream property caused by the diversion of overland storm water flows.
Equipment Maintenance and Storage
▪ All vehicles and equipment shall be kept in good working order, are serviced regularly and stored in an area approved by the RE;
▪ Leaking equipment shall be repaired immediately or removed from the site;
▪ All washing of equipment shall be undertaken in the workshop or maintenance areas which shall be equipped with suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate/nitrate-type detergents;
▪ Rivers and streams shall not be used for washing of equipment and vehicles.
Sanitation
a. The Contractor shall comply with all laws and any by-laws relating to public health and sanitation;
b. All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over;
c. The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE;
d. All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE;
e. A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease;
f. The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal;
g. The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses.
Solid Waste Management
The site is to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimise waste and develop a waste management plan to include the following:-
i. All personnel shall be instructed to dispose of all waste in a proper manner;
ii. At all places of work the contractor shall provide litter collection facilities;
iii. The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders;
iv. The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis;
v. Wherever possible, materials used or generated by construction shall be recycled;
vi. Provision for responsible management of any hazardous waste generated during the construction works.
Wastewater and Contaminated Water Management
a. No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent watercourses and/or water bodies shall be permitted;
b. Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills;
c. The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies;
d. Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered;
e. Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted;
f. The Contractor shall notify the RE of any pollution incidents on site.
Workshops
Where practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop.
i. If it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities;
ii. The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities.
The workshop shall be kept tidy at all times and shall have the following as a minimum:
a. A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage;
b. The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil);
c. Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors);
d. The drip trays shall be inspected and emptied daily;
e. Drip trays shall be closely monitored during wet weather to ensure that they do not overflow.
General Materials Handling, Use and Storage
i. All materials shall be stored within the Contractor’s camp unless otherwise approved by the RE;
ii. Stockpile areas shall be approved by the RE;
iii. All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE;
iv. The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required;
v. Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product;
vi. Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced;
vii. Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner;
viii. Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected.
Fuels, Oils, Hazardous Substances and other Liquid Pollutants
a. Hazardous materials shall not be stored within 2 kilometres of the top water level of public water supply reservoirs;
b. Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse;
c. Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations;
d. Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions;
e. Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them;
f. The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains;
g. Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment;
h. Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment;
Security shall be provided to guard against vandalism when the site is unattended. This includes:
i. Fencing of the tank compound with locks or other adequate security controls at the site;
ii. Locks on unattended dispensing hoses;
iii. Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans;
iv. Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles;
v. All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers;
vi. Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal;
vii. Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas.
Health, Safety and Security
General Health and Safety
a. The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Occupational Health and Safety Act and the Factories and Other Places of Work Regulations;
b. The Contractor shall provide a standard first aid kit at the site office;
c. The Contractor shall ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases, particularly HIV/AIDS and how to prevent or minimise such risks;
d. The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities;
e. All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected;
f. Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions;
g. No unauthorised firearms are permitted on site;
h. The Contractor shall provide the appropriate Personal Protective Equipment for staff.
HIV/AIDS
The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognising the limitations due to the short timeframe to show behaviour change. The assessment will be supported by qualitative information from focus group discussions.
Fire Prevention and Control
i. The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site;
ii. The Contractor shall ensure that there is basic fire-fighting equipment available on site;
iii. The Contractor shall supply all living quarters, site offices, kitchen areas, workshop areas, materials, stores and any other areas identified by the RE with tested and approved fire fighting equipment;
iv. Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires;
v. ‘Hot’ work activities shall be restricted to a site approved by the RE;
Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include:
a. Workshop;
b. Fuel storage areas;
c. Any areas(e.g. park/forest areas) where vegetation or other material is such as to make liable the rapid spread of an initial flame;
The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to:
❖ Regular fire prevention talks and drills;
❖ Posting of regular reminders to staff;
❖ Any fires that occur shall be reported to the RE immediately and then to the relevant authorities;
❖ In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control;
❖ Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire.
Emergency Procedures
The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to:
a. Accidents at the work place;
b. Accidental fires;
c. Accidental leaks and spillages;
d. Vehicle and plant accidents;
Specific to accidental leaks and spillages:
i. The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks;
ii. The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times;
Site Security
During public consultation, the local community reported that there is insecurity along the project road at night. The Contractor will need to take the following measures:
a. Appropriate fencing, security gates, shelter and/or security guards are to be provided at the Construction Site to ensure the security of all plant, equipment and materials, as well as to secure the safety of site staff;
b. The Contractor must ensure that good relations are maintained with local communities and their leaders to help reduce the risk of vandalism and theft;
c. Site staff that are found to be involved in incidences of theft or pose other security risks to the local community are to be dismissed and reported to the authorities.
8.2.4: General Mitigation at Operation Stage
Specific mitigation in operation stage take place as outlined in table 8,2(c)
8.3: INSTITUTIONAL ARRANGEMENT FOR ESMMP IMPLEMENTATION.
This section presents the Institutional Framework for environmental management within the KMP. The purpose of this ESMF was to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the KMP. In sections below, a highlight of mitigation process at respective levels of the project cycle is provided.
Mitigation at design stage: The design stage is crucial as the point where all mitigation activity will be planned for and resources allocated. Municipalities will therefore take charge and supervise design works and will ensure that contracts for design works bear clauses requiring Design Teams to plan for and allocate resources for impact mitigation. It will be the responsibilities of the Municipality to ensure that respective ESMMPs are integrated wholly into design reports.
Mitigation at Construction Stage: Mitigation at construction stage will take place as part of the contracts for Civil Works. Contracts for Civil works will therefore bear clauses binding respective contractors to undertake impact mitigation as par the Design Report. Municipalities in their capacity as employers will monitor activities of contractors to ensure delivery as per contracts.
Mitigation at Operation Phase: All contracts for Civil Works will allow for a one year Defect Liability Period when contractors will still be bound to undertake impact mitigation alongside routine repairs. Beyond the Defect Liability Period, all mitigation will fall on the Municipality.
8.4: SUPERVISION OF ENVIRONMENTAL AND SOCIAL MITIGATION
Supervision at Municipality Level: Municipalities in the capacity of Executing Agencies and Employers will take charge and responsibility for supervising impact mitigation. The Municipal engineer in association with the PMU will take technical responsibility for supervising impact mitigation following which, a report will be filed with respective Committees of the Full Council. Specifically, quarterly reports will be filed with the Environmental Committee of the Full Council with copies to the PMU at MoLG.
Supervision at PMU level: Being overall responsible for provision of technical oversight in the KMP, the PMU holds sway in determining achievement or otherwise of the objectives of the KMP. Thus, to drive the KMP vision and mission, the PMU will undertake routine and programmed supervision of the Programme to oversee, among others, impact mitigation. The PMU will also coordinate external supervision missions and will therefore be party to aide memoires in respect of the Programme.
8.5: THE IMPACT MONITORING PROGRAMME
Monitoring will take place at three levels:-
Internal Monitoring: The entire process of supervision as elaborated above is generally part of the internal monitoring programme whereby accruing reports will be reviewed to generate information on project status. Towards coordination of Internal monitoring, the Municipal Engineer, members of the PMU including the resident environmentalist will attend all Monthly site Meetings where implementation of the ESMMP will form part of the substantial agenda.
External Monitoring: The KMP will be subjected to external monitoring by both the PMU and the Donor Consortium under coordination of the World Bank. Both internal and external monitoring will be guided by the ESMMP outlined in table 8.2 above to generate information on:-
i) Nature of impacts at each project phase and whether the impact was anticipated
ii) Proposed Mitigation Activity for anticipated impacts and possible mitigation of emergent impacts
iii) General sensitivity of the ESMMP to project impacts
iv) Responsibility for mitigating old and emergent impacts
v) Success or otherwise in mitigation of anticipated and new impacts and reasons for non achievement
vi) Effectiveness of all players in the Impact Mitigation Plan and reasons for non performance. Proposed remedies.
vii) Effectiveness or otherwise of the OVIs in securing implementation of impact mitigation and measures required to tighten the process.
viii) Flow of information in the monitoring process and reasons for non-achievement.
Periodic review of the ESMMP and ESMF: Based on information accruing from the seven questions above, the efficacy of the ESMMP will be reviewed and updated accordingly. The observation here is that, the ESMMP will be updated periodically by LAs after Monitoring Missions. Thus by updating the ESMMPs, this ESMF will also undergo review but at localised level only. The need to update this ESMF is not foreseen unless project implementation suffers undue delay.
Statutory Monitoring: KMP investments will be subjected to mandatory annual Environmental audits as in line with requirements of EMCA. Sections 68 and 69 of the Environmental Management and Coordination Act (EMCA-1999) require all projects to prepare Annual Audit reports for Review by NEMA. Part V of the Legal Notice 101 defines the focus and scope of Environmental Audit studies as follows: - ‘In carrying out of the Environmental Audit study under these regulations, the auditor shall ensure that an appraisal of all the project activities, including the production of goods and services, is carried out giving adequate consideration to environmental regulatory frameworks, environmental health and safety measures and sustainable use of natural resources.’
In line with this requirement, Municipalities will prepare audit reports for all investments for submission to NEMA
8.6: THE COST ESTIMATE
Table 8.3 below outlines an interim budget for environmental management within the KMP. The budget identifies four major cost components which have been allocated for a sum of Kshs. 97, 890,000 (Kshs. Nine Seven Million, Eight Hundred and Ninety Thousands). It must be pointed out that this sum is just provisional as realistic estimates will accrue from ESIA processes in respect of individual sub-projects. Out of the estimated Kshs. 97 million, over half will be committed to impact mitigation with the rest going to Fees, Monitoring and Capacity Building. Though to some extent, the budget is based on market rates for services (fees), other components such as mitigation are largely indicative and will become better refined once Detailed Design of individual investments is completed.
Table 8.3: Cost estimate for Environmental management in the KMP
|Municipal Council |Project Identified | EIA Fee (Kshs.) |Mitigation Costs (Kshs.) |Monitoring Costs |Capacity Building Costs |Total Costs |
| | | | | | | |
|NAKURU | Non -Motorized Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Fire safety & Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|MOMBASA |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Non -Motorized Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Bus Park & Market Development |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|KERICHO |Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Bus Park & Market |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|KAKAMEGA |Bus Park Development and Market |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Non -Motorized Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|NAIVASHA |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Bus Park & Market Development |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Renewable Energy/ Waste Paper Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|MACHAKOS | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Solid Waste Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|KITUI |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Renewable Energy |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|GARISSA |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Renewable Energy |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|EMBU |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Renewable Energy |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|ELDORET |Solid Waste Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Non- Motorized Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|NYERI |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Non Motorised Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|KISUMU |Non- Motorized Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Disaster management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Markets |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|KERICHO |Storm Water Drainage |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Non Motorised Transport |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Disaster Management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|MALINDI |Markets (Fish market) |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| | Storm water |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
| |Solid waste management |700,000 |2,000,000 | 300,000.00 |60,000 |2,510,000 |
|Head Office Costs |3,000,000 |0 |5,000,000.00 |6,000,000 |11,000,000 |
|Direct Costs |31,700,000 |82,000,000 |17,300,000 |8,460,000 |139,460,000 |
|20 % contingency | | | | |27, 892,000 |
|Gross costs | | | | |167,352,000 |
Table 8.3: Cost estimate for Environmental management in the KMP contd.
8.7: IMPLEMENTATION MECHANISM IN THE KMP
Action levels and coordination: Proposed institutional coordination within the KMP is provides in table 8.4 below. Two dominant activity levels are recognised namely, the PMU or Supervisory Level and the Municipality or the Implementation level. The mode of linkage between both levels is production of reports either periodic or ad hoc as might be required form the implementation level which the PMU will review and provide feedback.
Capacity building needs:
Based on the activity flow in table 8.4, both the PMU and Municipality levels will require capacity building as follows:-
Positions for Environmentalists will be established and filled as follows:-
PIU Level: At design stage, the PMU will review Design Reports and ascertain their technical viability including environmental and social soundness and will also review periodic reports from Municipalities and advice on environmental/ social concerns emanating from the implementation level. Thus the position of a fulltime environmentalist will be established within the PCT.
Municipality level: This implementation level of the KMP is crucial as the level where supervision of ESAI studies, development of ESMMPs, Impacts Mitigation and environmental Monitoring will take place. Given the need for the project to establish linkage with other sectoral agencies at this level, each Municipality collaborating under the KMP will require to hire an environmentalist on fulltime basis.
Based on the analysis in Table 8.4, training for capacity building will be undertaken as follows:-
PMU level will undergo sensitisation training to understand the ESMF Process and its requirements.
Municipalities will be required to supervise ESIA process, draft contracts and ensure Impact Mitigation which requires that, in addition to hiring environmentalists, the entire PIU will undergo a specialist training to gain an indepth understanding of this ESMF process. Annex 8.4 provides the appropriate training module. Budgets to facilitate capacity building training are provided in table 8.4 above.
8.8: REPORTING WITHIN THE KMP
The following reports and documents will be produced under the KMP:
i) ESIA Reports for each Investment
ii) Detailed map of utilities pre-existing the Investment
iii) Detailed Design reports with a Chapter on the ESMMP
iv) Quarterly reports with a section on the ESMMP
v) Annual reports with a Chapter on the ESMMP
vi) Annual audit report produced after one year of project operation
vii) Ad hoc reports as required.
Table 8.4: Institutional Coordination within the KMP
|Action level |Planning Phase |Feasibility Phase |Approval Phase |Implementation and Monitoring Phase |Operation Phase |
| |1 |3 |5 | |8 | |
|PCU |PMU Selects municipalities|Approves investments |Approves final design releases| |Reviews monitoring report and | |
|(Supervision) | | |funding | |gives feedback to Municipality | |
| |2 |4 |6 |7 |9 |10 |
|Municipality |Identifies Priority |Undertakes ESIA Study and |Undertakes implementation |Prepares monitoring Report for PMU and| |Supervises preparation of |
|(Implementation) |investments for approval |produces Final Design |/ supervises Impact mitigation|Full Council |Updates the ESMMP |Audit reports for NEMA |
| |by PMU | | | | | |
| | | | | | | |
|Requisite skill |Environmental |Municipality requires skills to |Municipality requires skills |Municipality requires skills to make |Municipality will require |Municipality requires |
| |sensitisation at both |supervise ESIA, supervise design |to supervise impact mitigation|reports and supervise environmental |capacity to update the ESMMP |skills to supervise/ |
| |levels |and draft contracts studies | |mitigation | |prepare audit reports. |
| | | | |Full Council requires environmental | | |
| | | | |sensitisation | | |
*To track activity flow, follow the numbering and arrows[6]
8.9: GUIDANCE FOR INCORPORATING EMPS INTO CONTRACT DOCUMENTS
The purpose of this section is to provide guidelines on the integration of the EMP into the contract documents.
Environment requirements in the pre-bid documents
0. The project management unit PMU/LAs issue the pre-bid documents to shortlist a few (usually six) contractors, based on their expression of interest and capability. While details on environmental requirements are really not required in the pre-bid stage, it is useful to mention that the contractor’s environmental management capability or experience/is expected to be good.
Incorporating EMP in the bid document
0. The project implementing agency issues the bid documents to the pre-qualified contractors. There are two kinds of bid documents, for International Competitive Bids (ICB) and National Competitive Bids (NCB). In Bank projects, these documents are prepared based on templates (separate for ICB and NCB) provided by the Bank. The ICB documents are based on the FIDIC (i.e., an acronym for the International Institute of Consulting Engineers) guidelines, while the NCB is closer to the national contracting procedures. The bid documents contain separate volumes. For instance, a typical ICB document contains – (i) General Conditions of Contract, which is based on the FIDIC; (ii) Technical Specifications, which is based on the applicable specifications in India for similar infrastructure related works; (iii) Bill of Quantities and (iv) Drawings. The parts of the EMP should be included in the relevant locations of the bid documents in the following way:
o Mitigation/enhancement measures & monitoring requirements tables: The cross-reference to these tables should be included in the “conditions of particular application (COPA)”, which is a part of the General Conditions of Contract (e.g. Section IV, Item 19.1 of the ICB). As a standard practice, there is an overall reference to the laws that have to be followed in this section/item. The relevant laws need to be mentioned here. In addition, the adherence to the mitigation/enhancement measures and monitoring requirements tables should be included. The two tables will have to be added as Annexes or the EMP (without cost) as a whole should be attached. Either the Annexes or the appropriate section in the EMP should be cross-referred in the description of this item.
o Modifications/additions to the technical specifications: Due to the mitigation/enhancement measures included in the EMP, there may be (a) additions/alterations required to the applicable specifications and (b) some new specifications. These are to be referred in the section on “Supplementary Specifications” in the Technical Specifications Volume of the bid documents. Generally, the GoI applicable specifications are taken as followed and are not repeated in the bid documents. Changes and additions to these specifications are made through the inclusion of a section “Supplementary Specifications.” This section should also include additional technical specifications related to the EMP or should provide a cross-reference to the specific section of the EMP.
o Cost table: All the items in the EMP cost table relevant to the contractor have to be referred in the Bill of Quantities (BoQ) table, which is a separate volume of the bid documents. It is to be noted that the BoQ table in the bid documents includes the various tasks to be done by the contractor under different categories. Against each task, the contractor will have to indicate a unit rate while completing the bid documents.
o Drawings: Due to the mitigation / enhancement measures included in the EMP, there may be (a) changes required to the drawings and (b) new drawings. All of these drawings are to be reflected in the Bid documents under the separate Drawings Volume. If the drawings are included in the EMP, then a cross-reference should be provided in the Drawings Volume.
Developing the EMP to suit the bid / contract documents
3. As one of the intentions is to integrate the EMP requirements into the bid documents/contract Agreement, the EMP should be developed keeping the following in mind:
i) Mitigation / enhancement measures table – description: In the Mitigation/Enhancement Measure table, the text describing each measure should not include/repeat what is already covered under the technical specification, which is being cross-referred. The text should be short, clear and succinct. The description should focus on “what” and “where” of the mitigation / enhancement measure as the “how” of the measure is covered under the specification.
ii) Monitoring requirements table: There are certain monitoring requirements for the contractor. While developing the Monitoring Requirements table, those that pertain to the contractor should be clearly separated.
iii) Technical specifications: The modifications to the specifications and the additional specifications should be separately listed. These should be included as Annexes in the EMP. The (added or modified) technical specifications should be adequately detailed to avoid problems (including that of interpretations) at site.
iv) Drawings: The modifications to the drawings and the additional drawings should be included as Annexes in the EMP. It is important to note that all drawings included / added should be “execution drawings” detailed as per requirement of the particular item so as to execute at site with adequate quality control and workmanship. (Also, it is important to note that the quality of BoQ [or cost estimate] and technical specifications part of the contract document depends on the degree of detailing in the drawings).
v) Cost table: The items pertaining to the contractor should be clearly separated from those that are to be incurred by the project implementing agency, supervision consultant or any other agency organization. The contractor’s cost table should also not be attached to the bid / contract documents.
vi) Timing for finalizing EMP: It is best to finalize the EMP before the finalizing the bid documents. This is required to fully reflect the sections of the EMP relevant to the contractor in the bid documents and to ensure full integration.
Other notes
Variation orders: Once the completed bids have been received from prospective contractors, the project implementing agency takes a decision based on the costs and the technical merit of the bids. Following the decision, the implementing agency and the chosen contractor sign and counter-sign the completed bid documents. It becomes the contract agreement thereafter. If issues have been missed in the bid documents, it cannot be amended at the time of signing the contract agreement stage unless there is a really strong justification for the same. If there is an EMP cost item that is not reflected in the BoQ of the signed contract agreement, the supervision consultant may issue a variation order. Contractor will quote a rate and the task gets done. This issue of variation orders is a standard practice and is generally used. However, the intent of the good contracting practices is to minimize variation orders.
SECTION 8.10: GUIDANCE FOR SUPERVISION AND IMPLEMENTING EMP/ESMF/RAPS
The purpose of this section is to assist the implementing agency in establishing a mechanism for effective implementing environmental management tools for the project such as ESMF and RPF already prepared.
Objectives
a. Establish a system for management of environment and social issues within the implementing agency.
b. To ensure implementation of Environmental Management Plans (EMPs) and RAPs, judge effectiveness of EMPs and RAPs, identify modifications required and any implications (such as variation orders on the Contractors agreements)
c. To ensure compliance of Bank’s Safeguard Policies
d. To ensure compliance of Government of Kenya (GoK)’s regulatory conditions
e. To identify other environment and social issues that may indirectly have arisen which may affect the project implementation or overall environment performance in the area. In this context, to explore the possibilities of sub-projects/ investments and to establish the institutional linkages with the primary implementing agency.
f. To gather and document information on practices / issues that could provide feedback into project design for future projects.
g. To help the implementing agency in developing strategies for improved management of environment and social issues by:
• Facilitating improved coordination with other GoK departments/ ministries, ( as applicable) and LAs
• Facilitating better coordination between Supervision Consultants and Contractors teams
• Facilitating coordination between Non-Governmental Organizations (NGOs) implementing the RAP and the environment teams, especially in the case of identifying opportunities for enhancements and other environment management aspects of resettlement sites that may be created on relocation of displaced people, market / vendor areas, temples, ponds etc.
• Facilitating coordination with the engineering teams on ensuring the implementation of EMPs and RAPs on aspects such as road safety, construction management at work site, construction management at contract camp and labor sites including gender and child labor issues.
• Facilitating better monitoring of EMPs and RAPs
• Facilitating improved reporting systems by helping to develop formats for better coordination of corporate or head quarters (Project Implementation Units / PIUs or Environmental & Social Management Units / ESMUs) and field offices, suggesting internationally accepted systems on environment management such as ISO 14001.
• Facilitating and providing resource information on training and capacity building programmes on environment management.
8.11 – GUIDANCE ON STAKEHOLDER CONSULTATIONS
The table below provides an overview of the likely consultations to be carried out by the responsible agencies to ensure information disclosure and active involvement of the local community / stakeholders:
|ACTIVITY |STAKEHOLDERS TO BE |AGENCY RESPONSIBLE |TECHNIQUES USED |RESULTS |
| |INVOLVED | | | |
|Project Prioritization |
|Details of basic information|Community, NGOs, local |PMU/LAs, concerned govt |Distribution of project |Awareness amongst the stakeholders |
|about the project |government |agency |information brochure, if| |
| | | |any | |
|Project Planning |
|Dissemination of project |Community, NGOs, local |PIU, concerned govt |Meetings with concerned |Increased awareness amongst the |
|information |government |agency |stakeholders |stakeholders about the project. |
| | | | | |
| | | | |Identification of vulnerable PAPs and |
| | | | |beneficiaries identification of |
| | | | |grievances, incorporation of |
| | | | |suggestions provided by stakeholders in|
| | | | |project planning |
|Consultation with PAPs |Community PAPs |PIU/ LAs, concerned govt|Focus meeting with PAPs |Sensitize PAPs on likely issues. |
| | |agency |and group meeting | |
| | | | |Disseminate information on likely |
| | | | |social issues |
| | | | | |
| | | | |Details / List of PAPs |
|Summary of affected persons |PAPs |PMU/LAs, concerned govt |Individual consultation |Assessment of socio economic profile of|
| | |agency |with PAPs, |PAPs |
| | | | | |
| | | |Household survey |Understand the extend of impact |
| | | | | |
| | | | |Understand the vulnerability and extend|
| | | | |of support to be provided |
|Dissemination of information|PAPs |PIU, concerned govt |Public meeting, |Awareness of process of land transfer |
|on process of land transfer,| |agency |distribution of notices | |
|entitlement provision and | | |to non title holders, |Providing details on grievance |
|grievance mechanism | | |brochures to PAPs |mechanism |
| | | | | |
| | | | |Early signal to non titleholders for |
| | | | |providing possession of assets. |
|Finalization of entitlement |PAPs |PIU, concerned govt |Individual discussion / |Ensure that eligible PAPs are included |
| | |agency |meeting with PAPs |as per the eligibility to provide them |
| | | | |necessary assistance. |
|Implementation |
|Advance notice to |PAPs |PIU, concerned govt |Public meeting |Clearance of land before start of |
|encroachers, non title | |agency | |project implementation |
|holders, farmers with | | | | |
|standing crops | | | | |
|Relocation of common |Community |PIU, concerned govt |Public meeting |Ensure that common property resources |
|property resources | |agency | |are relocated as per community needs. |
|Redressal of grievances |Community |PIU, concerned govt |Public meeting, meeting |Grievance redressal during |
| | |agency |with PAPs |implementation of project |
| | | | | |
|Disbursal of entitlements |PAPs |PIU, concerned govt |Meeting with PAPs |Support extended to eligible PAPs |
| | |agency | | |
|Temporary impact during |Community |Contractor, PIU |Public meeting |Redressal of impact during |
|construction | | | |implementation of project. |
|Health impacts of |Community |PIU |Public meeting |Sensitizing concerned stakeholders on |
|implementation of project | | | |health related issues |
|Physical possession of land |PAPs, community |PIU |Meeting with PAPs and |Identification of boundary of residual |
| | | |community |plots. |
| | | | | |
| | | | |Clearance of plot before start of the |
| | | | |project |
|Monitoring & Evaluation |PAPs, community |PIU |Public meeting with PAPs|Provide information on progress of the |
| | | |and community |project |
| | | | | |
| | | | |Grievance from stakeholders if any |
| | | | |during project implementation |
| | | | | |
| | | | |Take inputs from stakeholders in |
| | | | |effective implementation of project. |
Typical format for documenting consultations:
|S/No. |stakeholder groups |Issues Raised by the |Steps proposed for resolution |Responsible Agency / Person to |
| | |stakeholders |of the issues/ Reasons for No |implement corrective actions including |
| | | |consideration |timeline (if applicable) |
|1 | | | | |
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Annexes:
Annex 4.1: Pictorial presentation of Stakeholder consultations
[pic]
Eng. (Mrs.) V. W. Maundu addresses the workshop of 18th November, 2009 at Kenya School of Monetary Studies
[pic]
Participants in the Workshop of 28th December, 2009 at Kenya School of Monetary Studies
[pic]
Mr. Isaac Mungania and Mr. Fredrick Barasa of MoLG during the session for answering questions in the workshop of 28th December, 2009 at Kenya School of Monetary Studies
[pic]
Non-motorised transport in Mombasa
[pic]
The Malindi garbage dump site
[pic]
Storm water outfall in Malindi
[pic]
Traffic congestion/conflicts in Malindi
[pic]
-----------------------
[1] This draws on work under the Sectoral Checklists developed by the Department of Environmental Affairs of the Republic of South Africa and the Reference Guidelines for Environmental Assessments (which incorporates the Leopold matrix) developed by USAID/REDSO/WGA – Abidjan.
[2] Groundwater in the upmarket Nyali estate of Mombasa is highly contaminated by the extensive use of soak pits in the management of domestic and institutional sewage.
[3]At this stage, budgets for Environmental and social Mitigation are purely indicative. Realistic budgets will accrue
from ESIA studies in respect of individual schemes
-----------------------
Fig 5.1: Screening process in the KMP
E2340
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