Lot1 KSM KKM

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.
ENVIRONMENTAL IMPACT ASSESSMENTSTUDY REPORT FOR THE PROPOSED REHABILITATION OF THE KISUMU-KAKAMEGA ROAD
February , 2011
Submitted By:
Environmental Department Otieno Odongo & Partners Consulting Engineers P.O. Box 54021-00200, Nairobi Fax 254 020 3870103 Email:oopkenya@wananchi.com
Submitted to:
Kenya National Highway Authority P.O Box 49712-00100 Blue Shiel Towers,Upper Hill Nairobi, Kenya
Kenya National Highways Authority.
Document Authentication This report is prepared for and on behalf of: Kenya National Highway Authority P.O. Box 49712-00100 Nairobi Signed by Position. Signature... Date..
Otieno Odongo & Partners Consulting Engineers, a registered firm of experts by the National Environment Management Authority (Lincense No. 1596), confirm that the contents of this report are a true representation of the Environmental Impact Assessment of the proposed rehabilitation of the Kisumu-Kakamega Road.
Signed by the Firm of Expert: Name: Otieno Odongo & Patners Consulting Engineers.
Signature: Date:
.. ..
TABLE OF CONTENTS
LIST OF ABBREVIATIONS _________________________________________________________ VII LIST OF TABLES FOUND IN THE REPORT __________________________________________ IX LIST OF TABLES FOUND IN THE REPORT __________________________________________ IX APPENDIX _________________________________________________________________________ IX EXECUTIVE SUMMARY ____________________________________________________________ 1 1. INTRODUCTION _____________________________________________________________ 11
1.1.
BACKGROUND AND RATIONALE FOR AN ENVIRONMENTAL IMPACT ASSESSMENT 11 1.2 PROJECT DESCRIPTION. __________________________________________________ 12 1.3 STUDY OBJECTIVE AND JUSTIFICATION _________________________________ 12 1. 4 STUDY APPROACH AND METHODOLOGY. ____________________________________ 13
1.3.1 Project objective. ___________________________________________________________________ 12 1.3.2 Justifiaction _______________________________________________________________________ 13 1. 4.1 Overview _____________________________________________________________________ 13 1.4.2 Site Walk Assessment Survey _________________________________________________________ 14 1.4.3 Consultative Forums ____________________________________________________________ 15
1.5 SCOPE AND CONTENT OF PROJECT _________________________________________ 15 1.6 PROJECT COST. _________________________________________________________ 16 1.7 DUTIES OF THE PROPONENT ______________________________________________ 17 1.8 DUTIES OF THE CONTRACTOR _____________________________________________ 17 2.1 NATIONAL LEGAL AND INSTITUTION FRAMEWORK ____________________________ 20
CHAPTER 2: POLICY, LEGAL AND INSTITUTION FRAMEWORK _____________________ 20

2.1.1 Environmental management and coordination act No 8 of 1999 _____________________________ 20 2.1.2 Environmental (Impact Assessment and Audit) Regulations, 2003 ______________________ 21 2.1.3 EMC(Waste Management) Regulations, 2006:- ______________________________________ 21 2.1.4 EMC(Water Quality) Regulations, 2006 ____________________________________________ 22 2.1.5 EMC(Controlled Substances) Regulations, 2007 ________________________________________ 23 2.1.6 EMC(Noise and Vibration Control) Regulation, 2009 ____________________________________ 23 2.1.7 EMC(Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009 __ 24 2.1.8 EMC (Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations, 2006 _____________________________________________________ 24 2.1.9 EMC(Fossil Fuel Emission Control) Regulations, 2006 _______________________________ 25 2.1.10 Way Leave Act (Cap 292) ___________________________________________________________ 25 2.1.11 Land Acquisition Act (Cap. 295) ______________________________________________________ 25 2.1.12 Public Health Act Cap 232 __________________________________________________________ 26 2.1.13 Public Roads and Roads of Access Act (Cap. 399) _______________________________________ 26 2.1.14 Factory and Other Places of Work Act (CAP 514) ________________________________________ 27 2.1.15 Physical planning act, 1999 __________________________________________________________ 27 2.1. 16 Land Adjudication Act Chapter 95 ___________________________________________________ 27 2.1. 17 Water Act 2002 ___________________________________________________________________ 27 2.1.18 Local Government Act Chapter 265 ___________________________________________________ 28 2.1.19 Work Injury compensation Benefit Act 2007 ____________________________________________ 28 2.1.20 Traffic Act Chapter 403 _____________________________________________________________ 28 2.1.21 Use of Poisonous Substances Act Cap 247 __________________________________________ 28 2.1.22 Forest Act Cap 385 _____________________________________________________________ 29 2.1.23 The Malaria Prevention Act (CAP 246) _____________________________________________ 29 2.1.24 The Penal Code (CAP 63)________________________________________________________ 30 2.1.25 The Standards Act Cap 496 ______________________________________________________ 30
2.2. NATIONAL ADMINISTRATIVE FRAMEWORK __________________________________ 31
2.1.26 The Wildlife Conservation and Management Act, Cap 376________________________________ 30 2.1.27 The Occupation Safety and Health Act, 2007 ________________________________________ 30 2.2.1 The National Environment Council _______________________________________________ 31 2.2.2 The National Environment Management Authority __________________________________ 31 2.2.3 The Standards and Enforcement Review Committee _____________________________________ 31 2.2.4 The Provincial and District Environment Committees ____________________________________ 32 2.3.1 The National Poverty Eradication Plan (NPEP) _____________________________________ 32 2.3.2 The Poverty Reduction Strategy Paper (PRSP) ______________________________________ 32 2.3.3 National Environmental Action Plan (NEAP) _______________________________________ 33 2.3.4 Environmental and Development Policy (Sessional Paper No.6 1999) ________________________ 33 2.4.1 Protection of Natural Resources ______________________________________________________ 34 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.5.6 2.5.7 2.5.8 World Bank Operational Policy 4.01-Environmental Assessment ________________________ 37 Bank Operational Policy 4.04-Natural Habitats ______________________________________ 38 Bank Operational Policy 4.36-Forests ______________________________________________ 39 Bank Operational Policy 4.09-Pest Management _____________________________________ 39 Bank Operational Policy 4.11-Physical Cultural Resources _____________________________ 40 Bank Operational Policy 4.12-Involuntary Resettlement _______________________________ 40 Bank Operational Policy 4.10-Indigenous People ____________________________________ 41 World Bank Operational Policy BP 17.50- Public Disclosure ___________________________ 41
2.3
NATIONAL POLICY FRAMEWORK ______________________________________ 32
2.4 INTERNATIONAL POLICY FRAMEWORK ______________________________________ 33 2.5 DEVELOPMENT PARTNERS REGULATIONS ON ENVIRONMENTAL AND SOCIAL MANAGEMENT ____________________________________________________________ 37
2.6
INSTITUTIONALISATION ENVIRONMENTAL MANAGEMENT _________________ 41
CHAPTER 3: DESCRIPTION OF THE PROJECT ______________________________________ 43
3.1. CURRENT STATE OF THE ROAD AND ITS ENVIRONMENT __________________ 43 3.2 PROJECT DESCRIPTION AND DESIGN ________________________________________ 43
3.3 3.4
3.2.1 Vertical Alignment _________________________________________________________________ 43 3.2.2 Existing road condition _____________________________________________________________ 44 3.2.3 Drainage _________________________________________________________________________ 45 3.2.4 Bridges ___________________________________________________________________________ 45 3.2.5 Material Sources _______________________________________________________________ 46 3.2.6 Available Infrastructure _____________________________________________________________ 47 3.2.7 Security __________________________________________________________________________ 47 3.2.8 Road Furniture ____________________________________________________________________ 47 3.4.1. Pre-construction Investigations __________________________________________________ 50 3.4.2. Sourcing and Transportation of Building Materials __________________________________ 50 3.4.3 Storage of Materials __________________________________________________________ 51 3.4.4 Excavation and Foundation Works _______________________________________________ 51 3.4.5. Masonry, Concrete Work and Related Activities _____________________________________ 51 3.4.6 Sitting and development of camp site __________________________________________________ 51 3.4.7 Drilling of Borehole ____________________________________________________________ 51 3.4.8 Landscaping __________________________________________________________________ 52 3.5.1 Occupancy ________________________________________________________________________ 52 3.5.2 Solid Waste and Waste Water Management _________________________________________ 52 3.5.3 Cleaning______________________________________________________________________ 52 3.5.4 General Repairs and Maintenance_________________________________________________ 53 3.6.1 3.6.2 3.6.3 3.6.4 3.6.5 3.6.6
PROJECT DESCRIPTION _____________________________________________ 48 DESCRIPTION OF THE PROJECTS CONSTRUCTION ACTIVITIES ______________ 50
3.5
DESCRIPTION OF THE PROJECTS OPERATIONAL ACTIVITIES _______________ 52
3.6
DESCRIPTION OF THE PROJECTS DECOMMISSIONING ACTIVITIES ___________ 53
Demolition Works ______________________________________________________________ 53 Dismantling of Equipment and Fixtures ___________________________________________ 53 Site Restoration ________________________________________________________________ 53 Construction Materials and Energy Used ___________________________________________ 54 Solid Waste Generated __________________________________________________________ 54 Liquid Effluents Generated by the Project __________________________________________ 54
3.7 ANALYSIS OF PROJECT ALTERNATIVES ______________________________________ 54
3.7.1 No Project Alternative_______________________________________________________________ 54 3.7.2 Analysis of Alternative Construction Materials and Technology ___________________________ 55 3.7.3 Solid waste management alternatives __________________________________________________ 56
CHAPTER 4 PUBLIC PARTICIPATION _____________________________________________ 57
4.1 LEGAL REQUIREMENT ___________________________________________________ 57 4.2 OBJECTIVES OF PUBLIC CONSULTATIONS _______________________________ 57 4.3 METHODOLOGY AND DATA COLLECTION _______________________________ 57 4.4 DEDUCTION ON INFORMATION GATHERED DURING PUBLIC PARTICIPATION _______ 61
CHAPTER 5: BASELINE INFORMATION OF THE STUDY AREA. _____________________ 62
5.1 INTRODUCTION ________________________________________________________ 62 5.2 LARGER KISUMU DISTRICT ___________________________________________ 62
5.3. LARGER VIHIGA DISTRICT ___________________________________________ 70
5.2.1 Geographical Location and Size ______________________________________________________ 62 5.2.2 Topography and Climate ____________________________________________________________ 62 5.2.3 Population Size and Distribution ______________________________________________________ 62 5.2.4 Gender Inequalities ________________________________________________________________ 63 5.2.5 Economic Activities and Employment _______________________________________________ 64 5.2.6 Land Use and Tenure _______________________________________________________________ 64 5.2.7 Social Services and Community Facilities_______________________________________________ 66 5.2.8 Civil Societies Operating in Informal Settlement _________________________________________ 67 5.2.9 Existing Infrastructure Facilities ______________________________________________________ 68 5.3.1 Geographical Location and Size ______________________________________________________ 70 5.3.2 Topography and Climate ____________________________________________________________ 70 5.3.3 Population Size and Distribution ______________________________________________________ 71 5.3.4 Gender Inequalities ________________________________________________________________ 71 5.3.5 Economic Activities and Employment _______________________________________________ 71 5.3.6 Land Use and Tenure _______________________________________________________________ 72 5.3.7 Existing infrastructure Facilities ______________________________________________________ 72 5.4.1 Geographical Location and Size ______________________________________________________ 73 5.4.2 Topography and Climate ____________________________________________________________ 74 5.4.3 Population Size and Distribution ______________________________________________________ 74 5.4.4 Gender Inequalities ________________________________________________________________ 74 5.4.5 Economic Activities and Employment _______________________________________________ 75 5.4.6 Land Use and Tenure _______________________________________________________________ 75 5.4.7 Social Services and Community Facilities_______________________________________________ 76 5.4.8 Existing infrastructure Facilities ______________________________________________________ 76 5.4.9 Flora and Fauna ___________________________________________________________________ 76
5.4 KAKAMEGA DISTRICT ________________________________________________ 73
CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS _____________________________ 78
6.1 INTRODUCTION ____________________________________________________ 78 6.2 ANALYSIS OF ANTICIPATED IMPACTS NEGATIVE ENVIRONMENTAL IMPACTS OF CONSTRUCTION ACTIVITIES _________________________________________________ 79
6.2.1 6.2.2 6.2.3 6.2.4 6.2.5 6.2.6 6.2.7 6.2.8 6.2.9 6.2.10 6.2.11 6.2.12
Extraction and Use of Materials __________________________________________________ 79 Dust Emissions ________________________________________________________________ 80 Exhaust Emissions _____________________________________________________________ 80 Noise and Vibration ____________________________________________________________ 80 Risks of Accidents and Injuries to Workers _________________________________________ 80 Clearance of Vegetation _________________________________________________________ 81 Increased Soil Erosion __________________________________________________________ 81 Waste Generation ______________________________________________________________ 81 Energy Consumption ___________________________________________________________ 82 Contamination of environment ___________________________________________________ 82 Increased demand of sanitary facilities _____________________________________________ 82 Repairs and maintenance of vehicles and machinery _________________________________ 83
6.3
6.2.13 6.2.14 6.2.15 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6
POSITIVE ENVIRONMENTAL IMPACTS OF CONSTRUCTION ACTIVITIES ________ 83
Water Use ____________________________________________________________________ 83 Interference with business and daily activites during demolition ________________________ 83 Interference with with Wildlife____________________________________________________ 83 Increased Security in the area ____________________________________________________ 83 Creation of Employment Opportunities ____________________________________________ 83 Provision of Market for Supply of Materials _________________________________________ 84 Reduce costs of Road Maintenance _______________________________________________ 84 Improved Drainage and Road Safety_______________________________________________ 84 Increased Business Opportunities _________________________________________________ 84 Immigration of workers _________________________________________________________ 85 Solid Waste Generation _________________________________________________________ 85 Increased Storm Water Flow _____________________________________________________ 86 Increased Demand for Sanitation _________________________________________________ 86 Energy Consumption ___________________________________________________________ 86 Water Use ____________________________________________________________________ 87 Increased informal settlement ____________________________________________________ 87 Increased pressure in the area ____________________________________________________ 87 Increased accidents and death of animals __________________________________________ 87 Interference with Traffic Flow ____________________________________________________ 87 Provision of markets to local goods ________________________________________________ 88 Revenue to National and Local Governments _______________________________________ 88 Reduction in poverty____________________________________________________________ 88 Improved Security ______________________________________________________________ 88 Solid Waste ___________________________________________________________________ 88 Dust _________________________________________________________________________ 89 Interference with road users ______________________________________________________ 89 Noise and Vibration ____________________________________________________________ 89 Increased waste water ___________________________________________________________ 89 Rehabilitation _________________________________________________________________ 89 Employment Opportunities ______________________________________________________ 90
6.4 NEGATIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL AND MAINTENANCE ACTIVITIES _______________________________________________________________ 85

6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 6.4.6 6.4.7 6.4.8 6.4.9 6.4.10 6.5.1 6.5.2 6.5.3 6.5.4 6.6.1 6.6.2 6.6.3 6.6.4 6.6.5 6.7.1 6.7.2
6.5
POSITIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL ACTIVITIES _________ 88
6.6
NEGATIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES ____ 88
6.7
POSITIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES _____ 89
CHAPTER 7: IMPACTS MITIGATION AND MONITORING ___________________________ 95
7.1 7.2.
7.3.
7.2.1. 7.2.2. 7.2.3. 7.2.4. 7.2.5. 7.2.6. 7.2.7. 7.2.8. 7.2.9. 7.2.10. 7.2.11. 7.2.12. 7.2.13. 7.2.14. 7.2.15. 7.2.16. 7.3.1. 7.3.2.
INTRODUCTION ____________________________________________________ 95 MITIGATION OF CONSTRUCTION PHASE IMPACTS ________________________ 95
MITIGATION OF OPERATION PHASE IMPACTS ___________________________ 101
Efficient sourcing and Use of Raw Materials ________________________________________ 95 Minimization of Vegetation Disturbance ___________________________________________ 96 Minimization of Run-off and Soil Erosion __________________________________________ 96 Minimization of Construction Waste_______________________________________________ 96 Reduction of Dust Generation and Emission ________________________________________ 98 Minimization of Exhaust Emissions _______________________________________________ 98 Minimization of Noise and Vibration ______________________________________________ 98 Occupational Health and Safety __________________________________________________ 99 Reduction of Energy Consumption ________________________________________________ 99 Minimization of Water Use and pollution of water causes ____________________________ 100 Provision of Sanitary Facilities ___________________________________________________ 100 Development of the Garages and Waste Oil Handling facilities ________________________ 100 Rehabilitating and Mending up activates __________________________________________ 100 Waste Water and Effluent Management ___________________________________________ 100 Minimisation of forest biodiversity disturbance and vehicle-animal collision and _________ 101 Minimisation of accidents along the road __________________________________________ 101 Social Impact_________________________________________________________________ 101 Ensuring Efficient Solid Waste Management_______________________________________ 102
7.4.
7.3.3. 7.3.4. 7.3.5. 7.3.6. 7.3.7. 7.3.8. 7.3.9. 7.4.1. 7.4.2. 7.4.3.
MITIGATION OF DECOMMISSIONING PHASE IMPACTS ____________________ 105
Minimization of Sewage Release _________________________________________________ 102 Ensure Efficient Energy Consumption ____________________________________________ 103 Ensure Efficient Water Use _____________________________________________________ 103 Environmental Pollution and Contamination _______________________________________ 103 Health and Safety _____________________________________________________________ 104 Social and Economic Impacts ___________________________________________________ 104 Road Drainage _______________________________________________________________ 104 Efficient Solid Waste Management _______________________________________________ 105 Reduction of Dust Concentration ________________________________________________ 105 Minimization of Noise and Vibration _____________________________________________ 105
CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN _____________ 106
8.1 8.2 8.3 8.4. 9.1 9.2 9.3 9.4
INTRODUCTION ___________________________________________________ 106 CONSTRUCTION AND OPERATIONAL PHASE EMP ________________________ 106 OPERATIONAL PHASE EMP _________________________________________ 134 DECOMMISSIONING PHASE __________________________________________ 139 CAPACITY BUILDING AND TRAINING __________________________________ 143 MONITORING GUIDELINES __________________________________________ 143 REPORTING ______________________________________________________ 146 CONCLUSION AND RECOMMENDATIONS _______________________________ 146
CHAPTER 9: CAPACITY BUILDING ________________________________________________ 143
REFERENCES. ___________________________________________________________________ 148
LIST OF ABBREVIATIONS
A1 ASL BP CBD CBO CCD CITES CTC D.C DEO DRE EHS EHSO EIA ES&IA EMC EMCA EMMP EO HIV/AIDS IBA IP KENHA KIWASCO KFS KMC KWFT LN MOH Road Number Above Sea Level Bank Procedure Central Business District Community Based Organisations Convention of Control of Desertification Convention on International Trade in Endangered Species (CITES) Child To Child District Commissioner District Environment Officer District Roads Engineer Environmental Health and Safety Environmental Health and Safety Officer Environmental Impact Assessment Environmental Social and Impact Assessment Environmental Management and Co-ordination Environmental Management and Co-ordination Act Environmental Management & Monitoring Plan Environment Officer Human Immunodefficiency Virus/Acquired Immune Deficiency Syndrome. Important Bird Areas Indigenous People Kenya National Highway Authority. Kisumu Water & Sewerage Company. Kenya Forest Service Kenya Meat Commision Kenya Women Legal Notice Ministry of Health
NEMA NGO NMP OHS OP PAP PC PCR PD PPC&E RE SEA STI TOR VCT WB WHO
National Environment Management Authority Non Governmental Organisations Non Motorists Practice Occupational Health and Safety Operation Policy Project Affected Persons Public Consultation. Physical Cultural Resources Public Disclosure Protective Personal Clothing & Equipments. Resident Engineer Strategic Environmental Assessment Sexually Transmitted Infections Terms of Reference Voluntary Counseling Testing World Bank World Health Organization
LIST OF TABLES FOUND IN THE REPORT

Table number 1 3.2.5 3.3 4.3 5.2.3 6.1 8.2 8.3 8.4 9.2 Content of table Environmental management plan Kisumu-kakamega section Proposed alignment for the Road A list indicating the schedule of meetings held during the site visits Population distribution by settlement, for Kisumu District Environmental Impact Levels and Mitigations Environmental monitoring/Management plan for the construction phase
Environmental management/monitoring Plan for the operational phase of the road development project
Environmental Management/Monitoring Plan for the decommissioning phase for the Road Development Project Environmental monitoring parameters & their measurable indicators.
APPENDIX
Appendix 1 Appendix 2: Appendix 3: Appendix 4: Appendix 5: Appendix 6: Appendix 7: List of Public Consultative Forum Attendants The standards of recommended noise levels The standards of recommended emission levels Copies of the letters sent to the Stakeholders. Standards for water quality regulations. Pictorial view of Kakamega Forest cover Minutes of the PC and Findings.
EXECUTIVE SUMMARY The objective of the Environmental and Social Impact Assessment (E&SIA) was to analyse and evaluate the anticipated impacts of the proposed rehabilitation of the Kisumu-Kakamega Road on the physical, biological, socio-cultural and socio-economic environment. The assessment was conducted from June 25th 2008 to July 14th 2008 and involved studying the whole length of the road totaling 50km and other proposed access roads including loops leading to market areas and trading centers that requires rehabilitation. The aim of the study is to provide guidelines that shall enable harmonize the coexistence of the project with the surroundings and at the same time facilitates Kenya National Highway Authority (KENHA) and the National Environment Management Authority (NEMA), make informed decision during evaluation and approval of the project. The E&SIA Study, was conducted in accordance with the legal requirement stipulated in the Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements; the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC(Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations,2006; the Land Acts, Water Act, Irrigation Act among other pertinent legal and institutional framework regulating roads development including the World Bank Safeguard Policies. The WB safeguard policies taken into consideration during project impact evaluation are Operation Policy (OP)/Bank Procedure (BP) for Environmental Assessment (4.01); OP/BP for Natural Habitats (4.04); OP/BP for Forests (4.36); OP/BP for Pest Management (4.09); OP/BP for Indigenous People (4.10); OP/BP for Physical Cultural Resources (4.11); OP/BP for Involuntary Resettlement (4.12); ; OP/BP for Projects on International Water Ways (7.50), and OP/BP for Public Disclosure 17.50. The EIA study was conducted by a team of experts through collection of baseline information on the environmental status of the project area through field studies and public consultations Kenya National Highways Authority.
with the communities living along the project road. The proposed road project traverses three districts in Western Kenya namely Kisumu District in Nyanza Province and, Vihiga and Kakamega Districts in Western Province. The project starts at the Kisumu Busia Round about and ends in Kakamega town covering a distance of approximately 50 km. The scope of the EIA study included studying various project components which includes: a) Proposed widening of first ten (10) kilometers single carriageway to dual carriagewaythis is from the Kisumu/ Busia Junction to Kiboswa,, b) Proposed rehabilitation to bitumen standards of the Ramogi Institute of Advanced Technology (RIAT) access road, and all loop within the towns and market centres along the project road , c) Proposed provision of wide footpaths along busy trading centers, market places and bridges, d) Proposed modifications of junctions affected by this road improvement scheme including the Kisumu-Kiboswa and the Kakamega-Mumias junctions where interchangers will be built, e) Study project area for drainage consideration & their improvement, f) Evaluate the role of the project road in the development plan of the regional and the national at large, g) Development of conservation and mending up measures to be implemented during and after development of the project road, h) Evaluation of Impacts of the project on agriculture and forestry, i) Evaluation of impacts of re-cycling options on the road works, j) Study potential scour points such as steep ditch or channel gradient or side slopes, k) Identifying existing and proposed materials sources, l) Evaluating effects of construction on water quality, m) Development of management and monitoring measures on health and sanitation for road construction labour units; and n) Assessment of impacts on demographic factors including the prevention of undesirable roadside developments, and recommend regulations and measures to limit negative impacts. The development or improvement of a road is normally anticipated to bring both positive and negative changes to the community and environment at large. These changes can be long term, Kenya National Highways Authority.
short term, cumulative, reversible or irreversible and thus needs to be depicted early, their impacts analysed, evaluated and costed to enable come up with practical and applicable mitigation measures which shall optimize the positive impacts and reduce the negative impacts to manageable or acceptable levels. Our investigation examined the potential impacts of the project on the immediate and surrounding environments along the project road with due regard to all the phases from construction, operation, maintenance, commissioning and decommissioning. It encompassed all aspects pertaining to the physical, ecological, sociocultural, health and safety conditions at the site and its environs during and after construction. The study was based on laid down scientific qualitative procedures with the most recent methodologies and analysis required to conduct an EIA with assurance to strict adherence to the relevant legislative framework governing the transport sector. Reference was also made to EIA reports dealing with similar projects within Kenya and even internet references to projects from other parts of the world. The notable potential negative environmental impacts that were identified from deductions of the consultative meetings and site visits were: Destruction of physical environment through quarrying, extraction of construction materials, clearing of vegetation cover and excavation Over abstraction of water Water conflicts Floods Air and noise pollution Instances of decreased health and poor sanitation Water logging and poor drainage during project implementation Increased water demand in the area Erosion and destruction of vegetation Increased immigration which might lead to changes in socio-cultural settings Chances of increased insecurity Increased incidences of road accidents Conflicts on importation of labourers
However, the identified potential negative impacts can be mitigated by implementing the proposed Environmental Management Plan (EMP) which aims at having a sound environmental Kenya National Highways Authority.
project. Recommendations provided in the EMP included: preservation of indigenous trees, conducting periodic consultative meetings with community members, formation of umbrella bodies with adequate representation from community members, provision of portable exhaustible toilets to the workers, use of hand tools or machines with silencers to reduce noise levels and ambient air pollution, restoration and landscaping of area after construction, provision of employment to community members where applicable , use clean fuels to reduce Green House Gas emission among other measures. The project is envisaged to benefit the local community by opening up the area to employment, increased economic activities and other associated opportunities arising from the proposed project. The project will also enhance the national economy through increased flow of goods and services, increased pace of movement, payment of taxes on purchased goods and also by contributing to poverty alleviation through increased food production, acquisition of material goods and services among others. The community is ready to have the project implemented and they considered the negative impacts to be manageable, if appropriate plans are developed simultenously with the project. The community members understand that the key to improving their living standards, meeting the requirements of the ever growing population and urbanization of the rural areas is by rehabilitating the existing road. They anticipate this shall improve their accessibility to basic services, service providers, goods suppliers and markets for their farm produce. Table 1 below gives an outline of anticipated potential impacts and their proposed mitigation measures.
Table 1 Environmental Management Plan

Component Potential Impacts Mitigation Measures
Destruction of
Soil compaction and erosion Increased river sediments
Develop soil erosion control measures which should include silt management structures Limit the circulation of heavy machinery to minimal areas to reduce soil compaction and vegetation clearance Locate access roads perpendicularly or
Physical Environment
Obstruction of natural water channels Abandoned disused quarries Contamination with melted
bitumen, Increased Water Demand/Sup ply & Water Quality Increased abstraction of water for construction Contamination of water bodies through car washing, disposal of soild waste, discharge of effluent , bitumen, oil leaks etc Reduced amount of and of downstream river flow Decreased water quality increased incidences waterborne diseases
diagonally to the slope rather than along steep slopes Rehabilitate material excavated sites Avoid melting bitumen on private/productive land Use cleaner and environmental friendly methods in bitumen handling Observe the Water Act 2002 and the 30% water reserve rights for downstream users Develop and implement water management plans to include measures on conservation and controlled usage of the resource such as rain water harvesting Observe the Water Resource Management Rules of 2007 and its subsequent guidelines the Water Allocation Guidelines in regards to borehole drilling, ground water abstraction, surface water (rivers, spring and Lake) abstraction; Obtain water abstraction permit and use metering methods to ensure water is abstracted to recommeded limit Do not dispose any form of waste in water bodies Keep natural water channels free from obstruction Consult with community members when identifying water sources to avoid conflicts and abstract water according to conditions of acquired permits taking into consideration the quantified reserve for the water body in question Avoid water contamination and pollution
activities at wetlands riparian Implement appropriate construction site management practices like excavating areas to be worked on only, control flow of excavated materials, cover areas once work is completed. Destruction of Flora and Fauna WildlifeHuman Conflict & Loss of vegetation Avoid selecting sites sheltering or frequented by wildlife Preserve migration corridors for wild and domestic animals. terrestrial, Kakamega All trees uprooted to pave way for road expansion and access construction should be replanted with indigenous trees Use alternative sources of fuel Avoid interference with wildlife breeding sites Promote the development of community nurseries. Environmental conservation measures should be instituted as part of the project cover/Deforestation Destruction of indigenous tree species in the forest Perturbation monkeys Forest in of the aquatic and avian wildlife e.g
Increase in poaching due to improved transport and number of immigrant workers
Disturbance aquatic and
of
terrestrial, avian wildlife
(competition for food and water resources) Inappropriate Drainage Oil Spills and contaminatio n Increased erosion and siltation of water bodies Flooding of rivers, settlement area, farms Lack of access to poorly drained areas by the communities Unproductive land Water contamination Destruction of ecosystems Avoid melting, spilling and burying tar in productive land Use cleaner production mechanisms and environmental management systems where appropriate Avoid spilling oil and other waste into water bodies Kenya National Highways Authority. Install appropriate drainage structures culverts, bridges, mitre drains Avoid loading rivers with silt
Air/Noise
Degradation of air quality and ambient noise due to bitumen during excavations operations
Operate
equipments
with
air
pollution
control/environmental management systems Insulate noisy machines when working near animal habitats Maintain vehicles and machinery in good condition in order to minimize gas emissions and noise. Avoid bitumen melting activities in open spaces Avoid noisy operations in the night. Appropriate definition of road reserve Development encroachment of structures to deter
Degradation of air quality by vehicles burning emissions, and dust
excavation operations Interference with domestic and wildlife due to excessive and destructive noise Encroachme nt, Displacemen t and Resettlement of Project Affected Person Loss of property and unwanted eventualities like death, fights etc Destruction Increased costs Relocation businesses Occupational , Health and Safety Increased incidence of Injuries, road accidents and occupational health hazards to workers and public at large Increased incidences of STI, HIV/AIDS, school drop outs, unwanted alcoholism, pregnancies, communicable diseases among other Interference with local culture and values Increased informal settlement Increased incidences of water and soil contamination Kenya National Highways Authority. of market and of road road and reduction of its life span maintenance
Communicate with community members early enough before commencement of works Locate areas for relocating PAP to avoid interfering with livelihoods Observe WB requirements on Involuntary Resettlment (OP 4.12) Provide road safety facilities including road signs, speed breaks, bus stops, footpath, foot bridges, Provide workers with Protective Professional Clothing and Equipments Conduct social awareness campaign in project areas Recruit locals as labourers as much as possible to reduce influx of immigrants to communities Provide housing and appropriate sanitation facilities to workers including mobile toilets Provide neutralizing and detoxification foods like milk to workers handling chemicals Complying with work place legal requirements
Decreased level of sanitation Incidences of suffocation and poisoning
Provide Protective Personal Clothing and Equipment (PPC&E) Employment of competent work force or conduct training and induction courses to workers
Instituting Safety drills, disaster preparedness and management programmes Implement communicable HIV/AIDS diseases and programmes other in
conjunction with relevant ministries Social Concerns Resources competition Loss of cultural heritage Gender equity Alcoholism and drug abuse Interferance with existing local infrastructure such as access roads Insecurity Accord local community employment and business opportunity as a priority Identify areas of cultural importance such as graves to avoid interferance with them when excavating materials Establish labour camps at reasonable distance from villages, shopping areas and other local social places. Where possible offer women equal employment opportunities to men Contractor in collaboration with proponent should develop corporate social responsibility programmes (CSRP) Contractor members Develop programmes that can promote peace and harmony such as sports, cultural events etc Rehabilitate infrastructure damaged due project road activities Compensate farmers appropriately on acquired land, materials, Kenya National Highways Authority. should hold continuous site meetings with workers and community
Avoid deviations of road project as it might lead to reduction of businesses for exisitng trading centre, markets and other business activities found along the road ;
MONITORING
Provide security to project workers
The study observes that mitigation measures, design features, or actual impacts can be monitored to ensure acceptability of the project both during and after construction works. In some cases, monitoring can be done as part of routine or periodic maintenance, while socio-economic or ecological parameters can only be effectively assessed in the longer term. Parameters that can be monitored include: Soil conservation interventions; Water flows in surface and underground water sources; Gravel pit rehabilitation; Efficiency of drainage structures; Impact on public health (due to STDs, clean drinking water); Frequency of road traffic accidents; Impact on road safety. Air quality; Noise quality and; Sanitation at the workmen's camp;
Integrated monitoring requires the participation by majority of stakeholders so as to ensure that critical success factors are properly worked on throughout the monitoring period.
CONCLUSIONS AND RECOMMENDATIONS The proposed road project is economically feasible as it shall improve commercial accessibility to the Western part of Kenya and connectivity of communities to social facilities and markets. It has the potential to open up Kakamega District and other Agricultural productive areas to its immediate markets, suppliers and, to the whole country and at the same time boost the tourism sector in both Kisumu and Kakamenga Disitrcts. Besides, the road will greatly reduce the travel time between the local areas and thus increase socio-economic activities in the area and enable communities optimize the existing economic activities. On the other hand there are negative environmental and social implications that need to be addressed. While there is a general acceptability of the road by the local community, fear of displacement, loose of livelihood, exposure to cultural interference, preference of foreign skills to local skills, and risks of general safety are among concerns of the local community. Implication to the ecosystem is likely to raise the attention of conservationists and stakeholders therefore appropriate mitigation measures should be integrated in the project implementation. RECOMMENDATIONS Following the above conclusion the following recommendations have been made in this report and are summarised as follows: Mitigation measures proposed in the EMP should form an integral part of decision making during the construction of the project road, Continuous monitoring and consultations with community members should be encouraged and details recorded, and Institute effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony.
1. INTRODUCTION 1.1. Background and Rationale for an Environmental Impact Assessment
The Government of the Republic of Kenya has earmarked some funding for preliminary and detailed engineering design of the rehabilitation of the Kisumu-Kakamega Road (A1) of which Environmental Impact Assessment is part of. The road forms part of the road interlinking the districts located in Nyanza, Western and Rift Valley Provinces. The Kenya National Highway Authority has assigned Otieno Odongo & Partners Consulting Engineers to undertake the studies. Economic and social development of Kenya is significantly dependent on efficient road transport infrastructure which facilitates delivery of agricultural produce, merchandise and commodities to markets as well as easy access to basic services (health, schools, water, trading centers, and administrative offices etc.) by the people. The benefits from efficient road transport are felt at all levels of the society, directly or indirectly, such as to include improved national economy, social income, wealth and job creation, health care, public transport and general service delivery. Improvement of all these areas is desirable for the current national aspirations including inter-sectoral growth collaborations. Success of Vision 2030 initiative is basically a function of the infrastructure, efficient road network being the key unit. Development of new roads and improvement of existing facilities have potential negative effects to the physical environment and social well being of the communities as well as natural habitats. Among the potential negative impacts from road construction projects could include: environmental pollution from construction activities, risk to health and safety of the residents and employees, demand of construction materials such as water, wood, gravel and hard stones; increased run off, socio-cultural changes including loss of farming land, changes of domestic and wild animals access to water point, demolition of structures, displacement of human settlement/commercial centres, interference with animal reserves and foot paths, increased traffic, increased ambient air pollution, increased potential for road accidents, increased surface run off, flooding and associated disasters among other impacts. Other anticipated impacts from the road project will be disruption of natural habitats by interference of food chains and breeding sites and habitats, risks of fatal wildlife attack, displacement or extinction of species, destruction Kenya National Highways Authority. Page 11
of land, vegetation, introduction of exotic species and possible interference with natural ecobalance especially at Kakamega forest which is directly within the project area. In view of the above observation, environmental concerns need to be an integral part of the planning and development process of a project and not an afterthought as it facilitates the proponent foresee potential project impacts that can be optimized or mitigated. This can be achieved through conduction of comprehensive Environmental and Social Impact Assessment Study (ESIA) and contionus monitoring. The study enables the environmental experts evaluate the current environmental status, opinion of the local communities; and establish the potential social and economics benefits of the project. Appropriate remedy is then integrated in the project design and implementation and the effectiveness of the remedy is managed and monitored with the guidance of the Environmental Management and Monitoring Plan. 1.2 Project description. Kisumu Kakamega road is a class A1 road that joins the great North towns with the Western part of Kenya. The Kisumu - Kakamega road was initially constructed in the early 1960s. The pavement layers consisted of natural gravel subbase, stabilised gravel base and double seal surface dressing. The entire road was later resealed in 1976. In 1991, the section between Kisumu and Kakamega was overlaid. The proposed Kisumu-Kakamega road starts in Kisumu at at the junction of Kisumu-Busia (B1) road within the town. From Kisumu town, the road takes a northward direction through Kiboswa, Gamboni, Mbale, Chavakali, Khayega, Kakamega rainforest to kakamega town. 1.3 Study Objective and Justification 1.3.1 Project objective.
The main objective of the study is to provide the Government of Kenya with sufficient information on how the service level of Kisumu-Kakamega road can be enhanced to obtain a sustainable safe road which facilitates economic growth and improves living standards in the region traversed by the road. The objective of the study was met by; Assessing the projects environmental and social aspects, Page 12
Carrying out a preliminary engineering design of the project road, and Carrying out a detailed design of the project road.
1.3.2 Justifiaction
The need of the proposed road is evident as it is expected to bring positive changes to the communities living along it, in terms of improving level of communication with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities that would inturn boast the living standards of the community along the project line and the countrys economy at large. The development of the Kisumu-Kakamega Road has been hampered by shortage of resources and management capacity. It is suggested the new project be prioritized along filling supply gaps, reducing constraints in certain sectors or upgrading existing ones for enhanced efficiency. The foregoing information found in the other sections has shown the need of developing the road with the main objective being to breach the communication and business gap existing in the Western part of the country. The project shall play a major role in opening up the area to new heights of business activities including eco-tourism, industrialization, market diversification financial institutions among others. This shall in turn play a major role in improving the living standards of the people in the area who are adequately urbanized. The development shall also increase access to schools and hospitals which will in turn lead to increased literacy levels and reduce mortality rates in the communities. 1. 4 Study Approach and Methodology. 1. 4.1 Overview
This study process adopted an integrated approach where data and information evaluation, field investigations, consultations among the team of experts, interviews and discussions with stakeholders and affected parties were undertaken at the same time. The study begun with intensive documentary and literature review of the proposed project documentation, District Development Plans of the two Districts, National Development and Economic Survey, Road Design Manuals, regulations and guidelines (Environmental Management and Co-ordination Act Kenya National Highways Authority. Page 13
and making references to other related statutes and international codes such as the Water Act, Land Act, Forest Act, Building Codes 1968, WHO, WB) and other relevant literature. Physical evaluation of the areas was also carried out with specific focus on the biophysical and socio-economic environments. The sensitive environmental receptors, biodiversity, landuse and development trends, hydrology, physiographical features and climatic conditions along the project route were evaluated and analyzed. The social and economic status was also evaluated through organized consultative meetings at the administrative and communal levels in order to collect perceived information on the impacts associated with biophysical and socio-economic dimensions of project implementation. The project engineering team in consultation with the environmental consultants carried out scoping of the TOR for this EIA study. The EIA study team made field visits to the proposed site and conducted desktop study to establish the following: Baseline data which included; biodiversity, socio-economic and environmental assessment, Legal Policies, Legislative and Institutional Framework governing the proposed project, Perception of the proposed project from departmental heads in the Districts, division and the local communities, Compatibility of the proposed project with the environment, Types of waste to be generated, proposed management and disposal methods, and Potential positive and negative impacts of the project.
The study assessed and quantified the possible impacts of the proposed project to the residents in general and other administrative areas that share resources with the project beneficiaries. The potential impacts were identified from the literature review and consultative meetings. 1.4.2 Site Walk Assessment Survey
Information gathering was conducted through site walk assessment survey at the project sites and its surrounding areas including households. This involved a systematic field traversing to quantify perceived impacts of project on:Kenya National Highways Authority. Page 14
Road infrastructure and other facilities which will be used during project implementation; Land conflicts, ownership and usage including evaluation of land availability for deviations during construction Areas of insecurity Strategic location of labour camps Institutions and organizations in the area Vegetation cover of the area Existing sensitive environmental receptors including underground and surface waters; animal breeding sites, feeding grounds and routes, and methods of protection from destruction, interference, contamination and extinction
Waste management and disposal methods Environmental Health and Safety (EHS) Material sources to be used during the project implementation and maintenance phases. Effluent management. Consultative Forums
1.4.3
Socio-economic impact assessment forums were held at the district and divisional levels. At the district, meetings were held with the District Commissioners (DC), District Environment Officer (DEO), Superintendent Roads Officer (SRO) and District Administrative Officer (DAO). At the communal level, talks were held with the roads officers, heads of institutions, religious leaders, chiefs, community elders and the public at large. The aim of the consultative meetings was to obtain data related to the past and present operations of the project road that are significant to the future environmental status of the area, the management of the project both during and after implementation. The community members responded positively to the development as long as mitigation and mending up measures like definition of the road boundaries, waste management, and water conflicts among others are developed and implemented simultenously with the project. 1.5 Scope and content of project The project assessment involved investigation and analysis of the anticipated environmental impacts of the proposed development in line with the EMCA 1999 and its subsequent Kenya National Highways Authority. Page 15
supplements the Environmental Impact Assessment and Audit regulations 2003 and in particular part II S 7[1] a-k. Consequently, the study report provides the following: Nature of project The location of the project including the physical features that may be affected by the projects activities. The activities that shall be undertaken during the project construction and operation The materials to be used, products and by-product including waste to be generated by the project and the methods of management and disposal. The potential environmental impacts of the project and mitigation measures to be taken during and after the implementation of the project. An action plan for prevention and management of possible accidents during the project cycle A plan to ensure the health and safety of the workers and the neighboring communities The economic and social cultural impacts to local community and the nation in general The project budget Any other information that the proponent may be requested to provide by NEMA
All these aspects are considered in details in this report which seeks to ensure that all the potential environmental impacts are identified and that workable mitigation measures are adopted. The report emphasizes the duties of the proponent and contractor during the construction phase as well as the operation phase of this project. 1.6 Project cost. The project is estimated to cost Kenya Shillings five billion, four hundred and fifty four million, three hundred and seventeen thousand, one hundred and ten and sixty seven cents (Kshs. 5, 454, 317, 110 . 67). The National Environment Management Authority (NEMA) vide Legal Notice (LN) Number 30 published in the Kenya Gazette Issue Number 14, requires project proponent to pay 0.05% of the total project cost to the Authority as EIA license processing fees. Despite the quoted percentage, the Authority has regulated the minimum and maximum amount to be paid for the EIA license at Kenya Shillings Ten Thousand (Ksh. 10,000.00) and Kenya Shillings One Million (Ksh. 1 M) respectively. KENHA will thus be required to pay Ksh. 1 M as Kenya National Highways Authority. Page 16
EIA processing fee being the maximum allowable fees. The L.N also permits the project proponents to make the payment of the EIA license processing fees in two equal installments. The first installment is paid on submission of the EIA report while the second installment is paid on issuance of the EIA license. 1.7 Duties of the Proponent It will be the duty of the proponent to ensure that all legal requirements as pertaining to the development are met as specified by the law. 1.8 Duties of the Contractor Contractor shall be responsible for the following measures to protect the environment: Compliance with national and local statutes and regulations relating to protection of the environment. The Contractor will be responsible for familiarising himself with all existing national and local legislation in this regard All construction activities shall be carried out using the best possible means to reduce environmental pollution such as noise, dust and smoke. All vehicles and plant shall be regularly serviced in accordance with the manufacturers recommendations to ensure that they operate efficiently and without excessive noxious emissions. The Resident Engineer will have the authority to instruct the Contractor to temporarily cease operations and/or remove from the site vehicles or plant which do not comply with this requirement, until such time that he is satisfied that best practices to reduce environmental pollution to a minimum are being used The Contractor shall at all times maintain all sites under his control in a clean and tidy condition and shall provide appropriate and adequate facilities for the temporary storage of all waste prior to disposal The Contractor shall be responsible for the safe transportation and disposal of all waste generated as a result of his activities in such a manner as will not give rise to environmental pollution in any form, or hazard to human or animal health. In the event of any third party being employed to dispose of waste, the Contractor shall be considered to have discharged his responsibilities under this clause from the time at which waste leaves sites under his control, providing that he has satisfied himself that the proposed Kenya National Highways Authority. Page 17
transportation and disposal arrangements are such as will not give rise to pollution or health hazard The Contractor shall be responsible for the provision of adequate sanitary facilities for his workforce, and that of his sub-contractors, at all construction and ancillary sites. The Contractor shall not allow the discharge of any untreated sanitary waste to groundwater or any surface watercourse Prior to the mobilisation of the workforce the Contractor shall provide details of proposed sanitary arrangements to the Engineer for approval, such as will allow him to assess whether or not the proposed facilities are adequate and are unlikely to pollute water resources, and also that the facilities will be properly operated and maintained All concrete and asphalt plants shall be operated and maintained in accordance with the original manufacturers specifications and manuals, and in such a manner as to minimise emissions of hydrocarbons and particulates. If, in the opinion of the Resident Engineer (RE), the operation of such plant is causing, or is likely to cause nuisance or health problems to site staff or the general public, the Contractor shall carry out such work as is necessary to reduce emissions to an acceptable level within a time-scale agreed with the Engineer The Contractor shall regularly dowse with water all exposed dirt surfaces to reduce dust levels The Contractor shall take all reasonable measures, at all sites under his control, to prevent spillage and leakage of materials likely to cause pollution of water resources. Such measures shall include, but not be limited to the provision of bunds around fuel, oil and bitumen storage facilities, and provision of oil and grease traps for servicing and fuelling areas. Prior to construction of such facilities, the Contractor shall submit details of pollution prevention measures to the REhis approval The Contractor shall be responsible for ensuring that exposed surfaces are re-vegetated as construction progresses, all to the satisfaction of the Engineer The removal of trees shall be kept to the minimum necessary to accommodate the Permanent Works and where removal is a must trees should be replaced using indigenous plant species that can easily adapt to the area Prior to the removal of any trees the Contractor shall inform the RE of the intended operation and obtain the permission of the RE for the removal of the trees. If any tree is
Page 18
removed without permission the Contractor shall replace it with an approved tree at no additional cost to the Employer The Contractor shall ensure that fires, except for controlled fires for burning rubbish, do not start within the Site or in the environs thereto as a result of the works or from the actions of his employees. The burning of waste, such as vehicle tyres causing noxious emissions is prohibited. The Contractor shall have available at all times trained firefighting personnel provided with adequate fire-fighting equipment to deal with all fires. The Contractor shall additionally at all times provide sufficient fire protection and fighting equipment local to parts of the Works which constitute particular fire hazards The contractor in conjuction with line ministries and, organizations such as Ministry of Health, NGOs and Community Based Organization (CBO) should be involved in creating awareness on HIV/AIDS and other STDs inorder to play a role in the control of the spread of the infectious diseases The contractor is required to be conversant with chance find procedures incase the road works excavations unearth materials that are considered to be of historic in nature. Chance find procedures requires that once excavated materials are considered to of historic importance the site is sealed off , left undisturbed until a qualified archeologist verifies if the material is of historical importance or not. If material is found to be of historic importance an emergency evacuation is done to collect the material for further investigation or safe keep by the Museums of Kenya. The contractor shall ensure that the safety of the workers and the community in the project area is safeguarded as required by the Occuaption Health and Safety Act and the development partners guidelines on Environment, Health and Safety . This shall include ensuring that the design components and operation procedures minimize exposure of workers and, the general public to risks and, harzards and, ensring all environmental and social safeguards on air quality, water quality, energy conservation, water conservation, hazardous material management, waste managmewnt, noise and land contamination are maintained within the recommended standards. As part of the foregoing, the contractor should ensure that all asphalt batching plants set up follows the environmental standards for air and water pollution control and disposal of construction waste. Occupational health and safety guidelines should be adhered to, with appropriate safety gear provided to all workers. It is advised that the Contractors follows the recomended environmental and safety measures and maintain proper working conditions at construction camps, as per the EMP, to avoid penalties as stipulated in the countires environmental laws, and such others penalties as shall be defined by the contract. Page 19
CHAPTER 2: POLICY, LEGAL AND INSTITUTION FRAMEWORK 2.1 National Legal and Institution Framework Kenya has approximately 77 statutes that guides on environmental management and conservation. Most of these statutes are sector specific, covering issues such as public health, soil conservation, protected areas conservation and management, endangered species, public participation, water rights, water quality, air quality, excessive noise control, vibration control, land use among other issues. The National Environment Management Authority (NEMA) in conjunction with the various lead agencies studies proposed projects to ensure all aspects of the proposed project adheres to all Institutional Frameworks requirements. The institutional framework directly governing road development projects are: Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC(Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations,2006, Land Acquisition Act (Cap.295), Land Act Way Leaves Act (Cap. 292), Public Roads and Roads Access Act (Cap. 399), Forest Act, Physical Planning Act (CAP 286), Local Government Act (CAP 265), Traffic Act Chapter 295, Water Act 2002, Public Health Ac (Cap. 242), Lakes and River Act Chapter 409, Wildlife Conservation and Management Act, Cap 376 and the Penal Code (CAP 63) 514 2.1.1 Environmental management and coordination Act No 8 of 1999 This project report has been undertaken in accordance with the section Part VI of EMCA 1999 and its subsequent supplements. Part II of the Act states that every person is entitled to a clean and healthy environment and has the duty to safeguard the same. In order to achieve the goal of the Act, proposed projects listed under the Second Schedule No. 3 of Act must undergo an Environmental Impact Assessment.
Page 20
Part V section 42, subsection 1 directs that no person shall among others deposit any substance in a water body if the substance will have adverse environmental effect on the water. According to section 45 of the Act, hilly or mountainous areas are at risk when they are prone to erosion, high rate of vegetation removal or land use activities likely lead to environmental degradation. Section 47 defines these measures, among them being control of soil erosion. Excavations during road construction have potential for such effects for example if excavations are to take place at the hilly section in Riat Kisumu. Part VIII section 72 of the Act prohibits discharging or applying pollutants materials into aquatic environment. Section 73 requires that all operators of projects which discharge effluent or other pollutants to the environment submit to NEMA accurate information on the quality and quantity of the waste thereof. Materials used in road construction have potential of intoxicating both the above and underground water bodies. It is recommended that the project team should meet the requirements of the Act which aims to reduce environmental pollution. The section below reviews the statue that guides the development and management of roads projects to ensure their environment and socio-economic sustainability.
2.1.2
Environmental (Impact Assessment and Audit) Regulations, 2003
These Regulations guides on the procedures of conducting an EIA study by detailing the parameters to be evaluated during the study. It also provides guidelines on the payment of the EIA license fees, conduction of environmental audits and development of project monitoring plans. This EIA study is in compliance with the requirements of the regulation. It is therefore recommended that the subsequent requirements of the Regulations which includes conducting continuous monitoring and annual audits be observed. It is important to note that the legal EIA license application fee was reviewed from 01% to 0.05% vide LN 30 published in the Kenya Gazette Issue Number 14 and the maximum payable fee is limited to Ksh. 1M. 2.1.3 EMCA(Waste Management) Regulations, 2006:These Regulations guides on the appropriate waste handling procedures and practices. It is anticipated that, the proposed project will generate large quantity of solid waste during construction which will need to be managed through reuse, recycling or appropriate disposal. It is therefore anticipated that, the amount of materials to be discarded as waste during the project implementation will be minimum. It is recommended that the proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure Kenya National Highways Authority. Page 21
that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished construction materials including those excavated from existing road. Purchasing and using onceused or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. To comply with the requirements of the regulations the proponent should undertake the following in addition to the above-mentioned recommendations; Should not dispose any waste on the highway, street road, recreational area and public places; Segregate waste and group them according to their similarity for example plastics, toxic, organic etc; Ensure all waste is deposited in a designated dumping authority; All waste handlers engaged by the proponent should be licensed by NEMA and posses all relevant waste handling documents such as waste transport license, tracking documents, license to operate a waste yard, insurance cover, vehicle inspection documents among others; Implement cleaner production principles of waste management strategy namely reduce, reuse and recycle; Label all hazardous wastes as specified in section 24 (1-3) of the regulation. The fourth scheduele lists wastes considered as harzadous and solvents, emulsifiers/emulsion, waste oil/water and hydrocarbon/water mixtures. Road projects involve use of inputs which are likely to generate the mentioned wastes and thus will need to be handled as required by the regulations. 2.1.4 EMCA(Water Quality) Regulations, 2006 are approved by the local
These Regulations provides guidelines on the use and management of water sources; the quality of water for domestic use and irrigation. The proponent will be required to observe the requirements of the Regulations which prohibit anyone to undertake development within a minimum of 6m from the highest ever recorded flood level. Section 4(2), 6 and section 24 of the regulation prohibits pollution of water bodies and requires that all substance discharged into the water bodies should meet the standards set under third schedule of the regulation whose copy is found under annex 5 of this report.
Page 22
The project design team has been advised on the requirements of this regulation and they have incorporated the regulations in the design document. 2.1.5 EMCA(Controlled Substances) Regulations, 2007
These Regulations controls the production, consumption and, exports and imports of controlled substances. Controlled substances are grouped into three lists according to the regulation and the groups are as written below: Group 1 list consists of halogenated flourochemicals with ozone depleting substances Group 2 list consist of hydrobromoflourocarbons with ozone depleting substances Group 3 list consist of bromochloromethane with ozone depleting substances
Products containing controlled substances include: air conditioners, air coolers, refrigerants, portable fire extinguishers, heat pump equipments, dehumidifiers, insulation boards, panels and pipe covers, pre-polymers etc. It is recommended that this regulation be observed to ensure equipment, machinery, vehicles and chemicals containing such components are not imported for project use. 2.1.6 EMCA(Noise and Vibration Control) Regulation, 2009 These Regulations provides guidelines for acceptable levels of noise and vibration for different environments during the construction and operation phase. Section 5 of the regulation warns on operating beyond the permissible noise levels while section 6 gives guidelines on the control measures for managing excessive noises and copy of the first schedule indicating the permissible noise levels for different noise sources and zones in found under annex 2 of this report. The project team should observe the noise regimes for the different zones especially when working in areas termed as silent zones which are areas with institutions, worship places. These areas are permitted exposure to Sound Level Limits of not exceeding 40 dB (A) during the day and 35 dB (A) at night. The regulation states that a day starts from 6.01 a.m. to 8.00 p.m while night starts from 8.01 p.m. 6.00 a.m. Construction sites near the silent zones are allowed maximum noise level of 60 dB (A) during the day and night levels are maintained at 35 dB (A). The time frame for construction sites are adjusted and the day is considered to start at 6.01 a.m. and ends at 6.00 p.m while night duration from 6.01 p.m. to 6.00 a.m.
Part III of the regulation gives guidelines on noise and vibration management from different sources. Sections 11, 12 and 13 of the stated part give guidelines on noise and vibration Kenya National Highways Authority. Page 23
management from machines, motor vehicles and night time construction respectively. Section 15 requires owners of activities likely to generate excessive noise to conduct an EIA. It is anticipated that the proposed project will generate excessive noise and/or vibration due demolition of the existing road this noise will originate from the construction equipments, vehicles and the workers since the road neighbours homesteads, institutions in some sections it is therefore recommended that the construction team develop mitigation to reduce noise propagation in the project area. 2.1.7 EMCA(Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009 The aim of these Regulations is to ensure conservation and sustainable use of wetlands in Kenya. The regulations provide guidelines on wetland management even for those found on private land. The Regulation indicates that clear guidelines on management of the different types of wetlands found in the country has not been developed thus it is recommended that while working in aquatic environments the relevant Lead Agencies should be consulted to guide on the correct application of the law. Despite that the regulation also recommends use of precautionary principal when working near wetlands in order to conserve them thus exsitng regulation on wetland management should be applied.
2.1.8
EMCA (Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations, 2006
The Regulations requires proponents to conduct EIA if their activities may have adverse impacts on ecosystems or lead to unsustainable use of natural resources or/and lead to introduction of exotic species. The regulation aims at increasing the coverage of protected areas and establishing new special status sites by providing guidelines for protecting endangered species. Section 5 of the regulation provides guidelines on Conservation of threatened species and part III of the regulation guides on the access to genetic materials. The section states that, the Authority shall, in consultation with the relevant lead agencies, impose bans, restrictions or similar measures on the access and use of any threatened species in order to ensure its regeneration and maximum sustainable yield.
Page 24
It is recommended that landscaping programmes should involve use of certified plant species to avoid them from affecting project area negatively in terms of invading wetlands, vegetations and even farmlands. 2.1.9 EMCA(Fossil Fuel Emission Control) Regulations, 2006
These Regulation aims at eliminating or reducing emissions generated by internal combustion engines to acceptable standards. The regulation provides guidelines on use of clean fuels, use of catalysts and inspection procedures for engines and generators. This regulation is triggered as the proponent will use vehicles and equipments that depend on fossil fuel as their source of energy. It is recommended the requirements of the regulation be implemented in order to eliminate or reduce negative air quality impacts. Copies of sections of the regulation indicating the standards of recommended emission levels are attached to this report under annex 3
2.1.10 Way Leave Act (Cap 292) Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever, provided it shall not interfere with any existing building or structure of an ongoing activity. Notice, however, should be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per this section Section 8 of the Act states that any person whom without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs.
2.1.11 Land Acquisition Act (Cap. 295) The Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 of the Act states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry into land for things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters: Area of land acquired Page 25
The value of property in the opinion of the Commissioner of land (after valuation) Amount of compensation payable Market value of the property Damages sustained from severance of the land parcel from the land Damages to other property in the process of acquiring the said land parcel Consequences of changing residence or place of business by land owners Damages from diminution of profits of the land owner
Part II of the Act allows for the temporary acquisition of land for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before. Any damages or reduction of value shall be compensated to the land owners. 2.1.12 Public Health Act Cap 232 Part IX section 115 of the Act states that no person or institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a watercourse is deemed as a nuisance. Section 116 requires that local Authorities take all lawful necessary and reasonable practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to injuries or dangerous to human health. Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests shall be deemed nuisance. The Act addresses matters of sanitation, hygiene and general environmental health and safety which is directly related to road projects and associated activities. It is therefore recommended that measures be taken in accordance to tha Act in order to safeguard the health of the workers and the public at large. 2.1.13 Public Roads and Roads of Access Act (Cap. 399) Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads.
Page 26
2.1.14 Factory and Other Places of Work Act (CAP 514) The said act requires that before any premises are occupied or used a certificate of registration should be obtained from the chief inspector. The occupier must keep a general register with provision for health, safety and welfare of workers on site. This Act provides guidelines on the safety of workers at the work place and regulates and evaluates working conditions. Factors considered in the Act that requires implementation during project development are: Provision of protective clothing and fire fighting equipments to the workers; Provision of clean and sanitary working conditions; Provision of quality and quantity wholesome drinking water; and Protection of moving parts of machine and equipments among other safety measures. For safety fencing of the premise and dangerous parts must be done. Provision of statutory covers during construction
The overall objective of the Act is to ensure safety at the work place. It is recommended that the objective of the Act be withheld during the construction and routine maintenance of the project to ensure that the health and safety of both the workers and the general public is safeguarded. 2.1.15 Physical planning act, 1999 Section 29 of the said Act sempowers the local Authorities to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section allows for prohibition or control of the use and development of an area. Section 30 state that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local Authority. 2.1. 16 Land Adjudication Act Chapter 95 This Act provides for ascertainment of interests prior to land registration under the Registered Land Act 2.1. 17 Water Act 2002 The Act provides guidelines on use and management of the of the water resources in the country. This Act prohibits the pollution of water. Part II, section 3 of this act states that every Kenya National Highways Authority. Page 27
water resource is hereby vested in the state, subject to any rights of user granted by or under the Act or any other law. The Act and its subsequent supplementary namely the Water Regulations of 2007 requires that, any organization/person intending to abstract water for supply to over twenty (20) users to obtain a permit from the Water Resource Management Authority and should form a Water Users Association (WUA). The act further notes that, the issuance of the permit is subject to public consultation as well as an Environmental Impact Assessment. 2.1.18 Local Government Act Chapter 265 The Act also contains provisions empowering local authorities to control discharges. Under section 163 a local authority may control or prohibit activities, both industrial and domestic, which constitutes a source of danger, discomfort or annoyance to the neighborhood, as an offensive trade or as has been gazzetted by the Minister. Section 165 another way of controlling development by empowering the local authority to refuse to license activities on the ground that the treatment method proposed is not adequate. 2.1.19 Work Injury compensation Benefit Act 2007 This Act provides guideline for compensating employees on work related injuries and diseases contacted in the course of employment and for connected purposes. The act includes compulsory insurance for employees. The act defines an employee as any worker on contract of service with employer. This Act is triggered by the proposed project thus it is recommended that all workers contracted during the project implementation phase have the required insurance covers so that they can be compensated incase they get injured while working. 2.1.20 Traffic Act Chapter 403 This Act consolidates the law relating to traffic on all public roads. The Act also prohibits encroachment on and damage of roads including land reserved for roads. The project is under the provision of the Act. 2.1.21 Use of Poisonous Substances Act Cap 247 This Act provide for the protection of persons against risks of poisoning by certain substances. The purpose of this Act is to protect persons against risks of poisoning by poisonous substances arising from the use, storage, importation, sale, disposal and/or transport.
Page 28
2.1.22 Forest Act Cap 385 The Act guides on the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country: The Act also provides guidelines for management and, registration of forests and is supported by the Forests Act of 2005 (No. 7 of 2005) and the Forests (Participation in Sustainable Forest Management) Rules, 2009 Kenya Gazette Supplement No. 754. Section 41 requires the Kenya Forest Service (KFS) to engage community participation in sustainable state forest management. Section 42 gives the types of agreements for community participation. Which shall be as prescribed under section 42 and listed below: a) a community forest management agreement which shall be issued to a forest association to undertake community forestry activities; and b) a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation. Section 25 guides on registration of private forests on farms and services provided by the KFS upon registration. Most of the Kakamega forest is located 7.5km away from the A1 road apart from a 2km stretch of the forest which is located adjacent to the road carriage ; it is therefore recommended that project activities should be controlled to avoid inteferring with vegetation and animals in the area traversed by the road and to reduce spill over effects to the protected forest areas away from the road. It was noted that there are a lot of accidents involving monkeys and antelopes along the 2km stretch, as they and other small mammals use it as a wildlife corridor.Speed breakers, road signage and controlled road development activites away from the forest a key mitigation measures recommended to reduce collision with the animals. Pictorial view of forest cover along the A1 road in Kakamega is found under annex 6 of this report. 2.1.23 The Malaria Prevention Act (CAP 246) This Act provides measures to curb the breeding of mosquitoes at development sites. Measures proposed in the act to control the breeding of the vector include: maintenance of free drainage channels, removal of stagnant water from any land around an area to prevent larvae breeding, Kenya National Highways Authority. Page 29
removal of waste and broken bottles among other measures. The proponent is recommended to implement measures to control the malaria disease vectors by implementing the mitigation measure proposed in the regulations. 2.1.24 The Penal Code (CAP 63) The regulation provides guidelines on protecting the public against ill health and offensive trade activities such as noise and smell among others. The proponent should observe the regulation by mitigating against excessive noise and by controlling pollution of water bodies and land. 2.1.25 The Standards Act Cap 496 This Act is implemented by the Kenya Bureau of Standards who provides standards on the requirements of equipments and project materials. Standards regulating security and safety of the public also have to be observed during the design phase of the project. The proponent is required to implement the requirements of this Act especially those on standardisation of project inputs and equipments in order to reduce waste and pollution. 2.1.26 The Wildlife Conservation and Management Act, Cap 376 This Act provides for the protection, conservation and management of wildlife in Kenya. The Act deals with areas declared as National Parks, under the Act. The Act controls activities within the park, which may lead to the disturbance of animals. Unauthorized entry, residence, burning, damage to objects of scientific interest, introduction of plants and animals and damage to structure are prohibited. The provisions of this Act should be applied in the management of the project. The proposed project area has wildlife habitats in Kakamega forest which is located 7.5km away from the project road but it cannot be ruled out that the project will not affect it due to the nature of road project and project activites such as material haulage. 2.1.27 The Occupation Safety and Health Act, 2007 This Act applies to all workplaces and workers associated with it; whether temporary or permanent. The main aim of the Act is to safeguard the safety, health and welfare of workers and non-workers.
Page 30
It is recommended that all sections of the Act related to this project, such as provision of protective clothing, clean water, insurance cover be observed so as to protect all from work related injuries or other health hazards. 2.2. National Administrative Framework 2.2.1 The National Environment Council
The National Environmental Council (the Council) is responsible for policy formulation and directions for the purposes of developing the EMCA. The Council also sets national goals and, objectives, and determines policies, and priorities for the protection of the environment. 2.2.2 The National Environment Management Authority
The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. The Authority shall review the project report for the proposed project, visit the project site to verify information provided in the report and issue an EIA license if it considers that all the issues relevant to the project have identified and mitigation measures to manage them proposed.
2.2.3 The Standards and Enforcement Review Committee In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC). NEMA through EMCA has established standards for the various environmental parameters that requires management such the water quality standards, noise and vibration control standards, waste management standards among other standards mentioned in this report. The committee through the the compliance and enforcement department found in NEMA, monitors the compliance level of various projects to ensure pollution control standards are implemented. The committee also follows pollution complaints reported by the public.
Page 31
2.2.4 The Provincial and District Environment Committees The Provincial and District Environmental Committees contribute to decentralization of activities undertaken by NEMA thus enable local communities have access to environmental management information and also enables the Provincial and District Environment Committees conduct quick site visits and review reports of localised proposed project in time. Since the proposed project traverses through two provinces the review of the report will be done at a National level then trickle down to the provincial level. 2.3 National Policy Framework Several policies have been developed over the years to guide the development and management of proposed projects to ensure both economic and social sustainability these policies are discussed below. 2.3.1 The National Poverty Eradication Plan (NPEP)
The objective of the NPEP is to reduce the incidences of poverty in both rural and urban areas by 50 percent by the year 2015, as well as to strengthen the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better-educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for Social Development (WSSD) of 1995. The plan focuses on the four WSSD themes of poverty eradication; reduction of unemployment; social integration of the disadvantage people and creation of an enabling economic, political, and cultural environment which can be achieved through developing the transport and communication sector. The plan will be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government ministries, Community Based Organization (CBO), private sector, Non-Governmental Organisation (NGO), bilateral and multilateral donors. 2.3.2 The Poverty Reduction Strategy Paper (PRSP)
The PRSP has the twin objectives of poverty reduction and enhancing economic growth. The paper articulates Kenyas commitment and approach to fighting poverty; with the basic rationale that the war against poverty cannot be won without the participation of the poor themselves. Kenya National Highways Authority. Page 32
The proposed project through improving transport in the area will, contribute towards economic growth, as well as relieve the daily pressure of poverty for sustainable number of people by enabling them reach the markets and suppliers on time. 2.3.3 National Environmental Action Plan (NEAP)
The NEAP for Kenya was prepared in mid 1990s. It was a deliberate policy whose main effort is to integrate environmental considerations into the countrys economic and social development. The integration process was to be achieved through multi-sectoral approach to develop a comprehensive framework to ensure that environmental management and the conservation of natural resources forms an integral part of societal decision-making. The application of this plan is widening as the government through NEMA does not approve a development project unless the impacts of the proposed project are evaluated and mitigation measures proposed for incorporation in the projects development plan which is in line with the requirements of the NEAP. 2.3.4 Environmental and Development Policy (Sessional Paper No.6 1999) As a follow-up to the foregoing, the goal of this policy is to harmonize environmental and developmental goals so as to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development. It is recommended that the requirements of this policy are observed, as much by: Taking measures to enhance the water catchment by replanting trees, using clean energy to reduce defforestatrion; Undertaking environment friendly practices during project implementation; Take measures to reduce pollutants leading to eutrophication of water bodies both above- and underground water bodies; and Rehabilitate project affected areas and public infrastructure among other
2.4 International Policy Framework Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment which aims at achieving sustainable development. According to the Registrar of International Treaties and other Agreements in Environment (UNEP 1999), there Kenya National Highways Authority. Page 33
are 216 treaties, 29 of which are of interest to Kenya. The country is a signatory to 16 such agreements, which range from use of oil, protection of natural resources and protection of the atmosphere. The agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. The agreements of interest to Kenya can be categorized as those for protecting natural resources, atmosphere and social well being of man.
2.4.1 Protection of Natural Resources
There are 12 agreements of significance to Kenya under this category which the country has signed and ratified. This section reviews a number of policies that are triggered or met by the proposed project: 2.4.1.1 United Nations Convention to Combat Desertification (UNFCCC) of 1994:The convention requires parties to take climate change considerations into account in their relevant social, economic and environmental policies and actions. The proponent has undertaken this EIA with the aim of minimizing adverse effects of the project on the economy, on public health and on the quality of the environment. The requirements of this convention can be mitigate against to reduce impacts on climate change by growing trees suitable for the area to act as carbon sinks along the highway. The community members in the proposed project area depend majorly on wood and kerosene as their source of energy which are known to directly affect the ecosystem in terms of pollution and effects on water catchments. The proponent is advised to enhance the positive impacts of the project through engaging activities that control climate change for example developing tree planting programmes with line ministires and the community members and conserving the catchment through water conservation. 2.4.1.2 Convention on Biological Diversity, 1992 The Convention requires Parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity; it introduces Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those with major implications on natural resource use. The Convention also led to the establishment of Cartagens Protocol on Biosafety 1999 namely The Cartagena Protocol on Biosafety to the Convention on Kenya National Highways Authority. Page 34
Biological Diversity which was adopted on 29th January 2000 entered into force on the same date. Kenya signed the protocol on 15th May 2000; ratified it on 24th January 2002 and became a party member on 11th September 2003. The protocol is an international treaty governing the movements of Living Modified Organisms (LMOs) resulting from modern biotechnology from one country to another. The proponent is advised to observe the requirements of this regulation if programmes such as landscaping are incorporated and will involve use of plant species some of which can bebiotechnology products. The use of LMO can have adverse environmental impacts if the correct material is not used leading to destruction of the micro-ecosystems, food webs and even invasion of farms. 2.4.1.3 The Convention on Wetlands of International Importance (Ramsar, 1971) The convention seeks to ensure the wise use of all wetlands and provides stringent guidelines for the conservation of those wetlands listed in the List of Wetlands of International Importance. The proposed project is not located within an Important Bird Area (IBA) according to the Ramsar Sites list. Despite that the project will be undertaken in Kakamega known as home to Kakamega Forest a known bird habitat and thus the project team should enadavour that their activities does not spread to the forest area. The Yala River is also a major tributary of Lake Victoria thus plays a major role in supporting the Yala Swamp Bird ecosystem recognised by RAMSAR. 2.4.1.4 Kyoto Protocol to the United Nations Framework Convention The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change.The Clean Development Mechanism (CDM), defined in Article 12 of the Protocol, allows a country with an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project in developing countries. Such projects can earn saleable certified emission reduction (CER) credits, each equivalent to one tonne of CO2, which can be counted towards meeting Kyoto targets". 2.4.1.5 The World Commission on Environmental and Development (The Brundtland Commission of 1987) The commission focuses on the environmental aspects related to development and requires all development projects to be sustainable economically, socially and environmentally. The principle of the organisation emphasis that development project should not have permanent negative on the biosphere and in particular the ecosystems. Kenya National Highways Authority. Page 35
It is recommended that the project proponent incorporate mitigation measures to ensure that the project impacts on the ecosystem in reduced. The consultants used participatory methods to involve the target group and concerned stakeholders in order to inform and enlightened them on the likely negative environment and social impacts in order for them to prepare mitigation measures so as to ensure the proposed project is sustainable throughout its life span. 2.4.1.6 Convention concerning the Protection of World Cultural and Natural Heritage, 1972 The convention requires parties to adopt effective measures that include assessment of the feasible project alternatives to prevent or minimise or compensate for adverse impacts and assess the nature and extent of potential impacts on natural heritage resources, and designing and implementing mitigation plans. The convention also protects threatened plants. The proposed project area is either built or agricultural and most vegetation found in the area is exotic as the natural vegetation has been cleared apart from the natural Kakamega Forest. The area has a cultural site in Khayega namely the crying stone of Ilesi (ikhonga murwi) a tourist attraction thus project activites such as haulage of material should be controlled so as not to interfere with the cultural site. 2.4.1.7 Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990 This convention protects forests as habitat for endangered species. The proposed project area has no immediate forest the nearest forest is Kakamega Forest which is rich in plants and wildlife and is located 7.5 km away from the proposed A1 road. 2.4.1.8 The Convention of Control of Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly In Africa (UCCD)(1992) This convention requires Parties to promote cooperation among affected parties in the fields of environmental protection and the conservation of land and water resources, as they relate to desertification and drought. The proponent is advised to engage in activities geared towards eradicating drought through developing tree programmes with relevant ministires/local communities, encouraging clean energy use and water conservation.
Page 36
2.4.1.9 The Basel Convention The overall goal of the convention is to protect human health and the environment against the adverse effects resulting from generation, movement and management of hazardous waste. This Convention requires that the Parties exercising their right to prohibit the import of hazardous wastes or other wastes for disposal should inform the other Parties. It also requires the parties to ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum levels consistent with sound environmental management of such wastes, and that it iis conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement. The proposed project will involve use of solvents, emulsifiers, petroleum products and thus the requirements of the agreement should be observed by not importing or accepting expired inputs. 2.5 Development Management This EIA study is also based on World bank Operational Policies covering environmental and social management safeguards, as the World Bank is a development partner for this project. Reference has been made to the World Bank Safeguard Policies, the World Bank Group Environmental, Health, and Safety Guidelines namely the EHS Guidelines and the World Bank Environmental Assessment Source Book Volume II, which provides the relevant sectoral guidelines including the Banks Operation Policies/Bank Procedures. The objective of the World Bank's environmental and social safeguard policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staff in the identification, preparation, and implementation of programs and projects. Operational policies have often provided a platform for the participation of stakeholders in project design and have been an important instrument for building ownership among local populations. (World Bank, 1999-2006) Partners Regulations on Environmental and Social
2.5.1
World Bank Operational Policy 4.01-Environmental Assessment
The environmental assessment process provides insights to ascertain the applicability of other WB operational policies to specific projects. This is especially the case for the policies on natural habitats, pest management, and physical cultural resources that are Kenya National Highways Authority. Page 37
typically considered within the EA process. The policy describes an environmental assessment (EA) process for the proposed project. The breadth, depth, and type of analysis of the EA process depend on the nature, scale, and potential environmental impact of the proposed project. The policy favours preventive measures over mitigatory or compensatory measures, whenever feasible. The operational principles of the policy require the environmental assessment process to undertake the following: Evaluate adequacy of existing legal and institution frameworks, including applicable international environmental agreements. This policy aims to ensure that projects contravening the agreements are not financed. Stakeholder consultation before and during project implementation. Engage service of independent experts to undertake the environmental assessment. Provide measures to link the environmental process and findings with studies of economics, financial, institutional, social and technical analysis of the proposed project. Develop programmes for strengthening of institutional capacity in environmental management. The requirements of the policy are similar to those of EMCA, which aim to ensure sustainable project implementation. Most of the requirements of this safeguard policy have been responded to in this report, by evaluating the impact of the project, its alternatives, existing legislative framework and, conducting public consultations and by proposing mitigation measures for the potential impacts identified.
2.5.2
Bank Operational Policy 4.04-Natural Habitats
This operational policy requires that the study use a precautionary approach to natural resource management, to ensure environmental sustainability. The policy requires conservation of critical habitat during project development. To ensure conservation and project sustainability the policy requires that: Project alternative be sought when working in fragile environment areas; Key stakeholders are engaged in project design, implementation, monitoring and evaluation including mitigation planning. The requirements of this policy were observed as much as possible during the EIA study. The consulting team engaged several stakeholders during project impact so as to Kenya National Highways Authority. Page 38
incorporate their concerns and views in the EMMP. This policy is not triggered by the proposed project as the project area does not directly fall within conserved and/or protected natural habitats. The nearest preserved natural habitat namelythe Kakamega Forest is located 7.5km away from the proposed project road (Road A1)thus it shall not be affected as even without project site activities such as material sites were not identified near the forest. Despite that measures should be taken when undertaking project related activities near the Kakamega Forest a well known bird habitat and the Yala River a major tributary of Lake Victoria that traverses the project area thus plays a major role in supporting the Yala Swamp Bird ecosystem which is recognised by RAMSAR.
2.5.3
Bank Operational Policy 4.36-Forests
This operational policy provides measures for protection of forests through impact evaluation and conservation of forest during project development. This policy ensures that the health and, quality of forest and, right and welfare of people and their level of dependence upon the forest is fully protected. This policy is not triggered by the project activities as the proposed project area does not traverse any natural forest. The nearest protected forest is Kakamega forest which is located 7.5km away from the A1 road and therefore is not likely to be affected by the project. However, it is recommended that project activities should reduce spill over effects to the protected forest as much as possible. 2.5.4 Bank Operational Policy 4.09-Pest Management
This policy promotes the use of ecological based pest management practices. The policy requires that procured pesticides should meet the WHO recommendations and not be among those on the restricted list of formulated products found in the WHO Classes IA and IB or Class II. This policy is not triggered by the proposed project as it shall not involve use of pesticides use of pesticides despite the fact that the project will involve bush clearing to paveway for development of various project components and landscaping of project area on completion using trees, grasses and other vegetation to improve aesthetic value of the area, control soil erosion and, act as windbreakers among other functions. All activities involving handling of vegetation will be manaual labour based thus not necessitate use of pesticides. It is recommended that plant enrichment will be done using organic manure if necessary which can be locally found. Kenya National Highways Authority. Page 39
2.5.5
Bank Operational Policy 4.11-Physical Cultural Resources
This policy guides in preserving physical cultural resources and helps reduce chances of their destruction or damage. The policy considers Physical Cultural Resources (PCR) to be resources of archeological, paleontological, historical, architectural, and religious (including graveyards and burial sites), aesthetic or other cultural significance. The policy is not triggered by this project as during the study there were no observed physical or cultural resources to be affected by the project.Despite that chance finding of materials cannot be ruled out especially during material excavation due to the projects area vicinity to the Kakamega forest which is several centuaries old. It is thus recommended that any chance finding during project undertaking be brought to the attention of the relevant authorities including the National Museum of Kenya.
2.5.6
Bank Operational Policy 4.12-Involuntary Resettlement
Resettlement due to infrastructure development is not a new phenomenon in Kenya but the government has no Policy Document or Act that aims at ensuring that persons, who suffer displacement and resettlement arising from such development activities, are compensated adequately for their losses at replacement costs. The World Banks Operational Policy 4.12, has been designed to mitigate against impoverishment risks associated with Involuntary Resettlement and the restoration or improvement of income-earning capacity of the Project Affected Persons (PAP). The policy requires full public participation in resettlement planning and implementation and describes the conditions that borrowers are obliged to meet in operations involving involuntary resettlement. The policy is triggerd by the proposed project due to two main reseans. One is due to the development of the interchangers at the Kisumu-Kiboswa and, Kakamega-Mumias roads junctions and two is due to encroachement on the road reserves. The first reasons has triggered the policy as the development of the interchangers shall require land for its development which will have to acquired from private owners as the public land for the development is not available. The second reason has triggered the OP as some sections of the road is currently encroached by small scale businesses and traders mainly at Khayega Trading Centre and Kakamega Town (the first 2km of the project road within Kakamega). The rehabilitation of the road will require those who have encroached into the road reserve to vacate it and according to the OP, they will require resettlement thus the need of developing a RAP. Kenya National Highways Authority. Page 40
These groups (those on road reserve and the private land owners) of people are considered eligible for reesettlment according to the OP 4.12 as the principle policy of this OP is to ensure that development projects sponsored by the Bank does not cause undue disturbance to livelihoods of those who depend on the project or its accosiated resources.There is therefore a need to develop a Resettlment Action Plan (RAP) for the project that shall propose a procedure that will be followed to ensure that the livelihood of those affected by the project is restored as much as possible.
2.5.7
Bank Operational Policy 4.10-Indigenous People
This policy requires projects to be designed and implemented in a way that fosters full respect for Indigenous Peoples dignity, human rights and cultural uniqueness.It also ensures that the IP receive culturally compatible social and economic benefits and do not suffer adverse effects during the development process. This policy is not triggered as the proposed project area is not occupied by IPs who identify with the areas according to the OP description of IP.
2.5.8
World Bank Operational Policy BP 17.50- Public Disclosure
This BP encourages Public Disclosure (PD) or Involvement as a means of improving the planning and implementation process of projects. This procedure gives governmental agencies responsibility of monitoring and managing the environmental and social impacts of development projects, particularly those impacting on natural resources and local communities. The policy provides information that ensures that effective PD is carried out by project proponents and their representatives. The BP requires that Public Involvement be integrated with resettlement, compensation and indigenous peoples studies. Monitoring and grievances address mechanism should also be incorporated in the project plan. The proposed project incorporated public participation and stakeholder consultations as part of the E&SIA studies, in order to collect the views of the local communities and their leaders for incorporation into the project mitigation plan. The consultation was successful and the community members gave a number of views that have been considered in the mitigation plan. 2.6 Institutionalisation Environmental Management
To ensure sustainable development and environmental conservation there is need to institutionalise environmental issues in the management of the project. Environmental Kenya National Highways Authority. Page 41
Management and Conservation issues should be captured in the contracotors project guidelines and an official representative of the proponents be appointed to oversee the performance of environmental indicators. Environmental factors to be considered when developing the constitution should include: Requirements of existing environmental laws namely the EMCA and, its subsequent supplements as mentioned under section 2.1 and the WB OP/BP requirements as mentioned under section 2.5 of this report; Requirement of compliance and enforcement of the regulations including the costs involved; Monitoring and Evaluation (M&E) of the environmental parameters and performance of the mitigation measures. This shall include M&E of inputs, activities, output, and performance of mitigation measures, field visits, public and stakeholders participation, review of capacity among other factors. Variation of environmental laws should also be taken into consideration because NEMA is continuously improving the regulations and introducing new regulations in areas not handled before. It is of paramount importance that the construction team is conversant with environmental management requirements thus it is recommended that booklets and other reading materials on environment management should be availed at the project site as required.
Page 42
CHAPTER 3: DESCRIPTION OF THE PROJECT 3.1. Current State of the Road and its Environment
The current width of the roadreserve varies as one moves along the entire road. In town areas it was seen to measure 36m as opposed to the 60m recommended for class A road. 3.2 Project Description and design The Kisumu-Kakamega Road measures 50km and starts at the roundabout at the junction with Kisumu-Busia road (B1) and ends in Kakamega town at the junction of Kakamega with Mumais Road. The first 1.0 km of the existing Kisumu-Kakamega road is a six meter (6m) wide dual carriageway. The proposed project aims to extend the dual carriageway for another 9.7km to reach up to Kiboswa suburb of Kisumu towm and at the sametime enhance the junction by developing an interchanger. The motorized traffic volumes between Kisumu Town and Kiboswa may not justify the extension of the dual carriageway to Kiboswa however; the following traffic situations may justify the dualling. Vehicle to vehicle conflict is quite high on this section and this is evidenced by the numerous black spots and accident reports. Vehicle to Non-motorised traffic conflict. This greatly poses safety risk in terms of accident occurrence. High potential for settlement, commercial and industrial expansion. Apart from the above, no major changes in the horizontal alignment are anticipated. Minor realignments are however inevitable on the existing horizontal alignment at isolated sections where the radii fall short of the design requirements. 3.2.1 Vertical Alignment The vertical alignment of the existing road is generally satisfactory. Amendments to the vertical alignment will be confined to improving sight distances on the occasional crest curve. Black spots were noted to be a common occurrence along the subject road more so from Km 0 + 000 to Km 15 + 000. Some notable spots include: Km. 4 + 200: at the Rail bridge on the Nairobi Kisumu railway crossing. The bridge is located on the top of a crest curve with very steep gradients causing poor visibility. Km 5 + 800: where the escarpment begins. Km 6 + 500: deep valley RHS on a sharp curved narrow road section with no guard rails. Page 43
Km 21 +500: narrow sloping road section with heavy human traffic. Km 29 + 400: junction on RHS at Mudete towards Kapsabet town. Vehicle to vehicle conflict is quite high. Km 33 + 400: very steep vertical grade just before Baraka Bridge at the Yala River crossing.
3.2.2 Existing road condition The current state of the existing pavement is however not satisfactory. Areas that have failed are mostly as a result of irregular road maintenance practices or total lack of maintenance. The pavement condition varies greatly in modes of failure and structural integrity. The section from Km 2 + 800 to Km 7 + 000 is characterised by cracking. The road from Chavakali at Km 28 + 400 to Km 38 +000 at Sigalala is generally in good condition but with poorly maintained side drains. From Sigalala onwards, the road has failed in most sections with rutting, potholes, spalling, edge breaking and cracking being common features. The main carriageway within Kakamega Town and the slip roads are in fair condition. Crack sealing and overlay could reinstate the pavement condition but this is subject to pavement strength analysis to be conducted at the preliminary stage. Photographs below highlight the pavement defects.
Km 4 + 500: edge breaking and no shoulders present
Km 7 + 200: High degree spalling, edge breaking, potholes and no shoulders
Page 44
3.2.3 Drainage The drainage systems along the project road are either not existing at all or where side drains and culverts exist, they are poorly maintained. Most inlets and outfalls are overgrown thereby significantly reducing the efficiency of the drainage system. There is need to install additional pipe culverts at sections where drainage was noticeably poor. The majority of drainage structures along the route are 600mm diameter concrete pipe culverts, with broken headwalls and wingwalls.
Km 0 + 900 LHS: Poorly maintained
Km 0 + 200 LHS: Poorly
Km 4 + 200 LHS: Poorly maintained drain with broken drain pipes
3.2.4 Bridges There are three (3) bridges in this as section: Km 26+670 : Single span 9m x 7.7m wide r.c. bridge across the Izava river Km 33+950 : 3-span composite bridge across the Yala river Km 46+675 : Single span Armco arch bridge across the Isikhu river
These are depicted below.
Km 26 + 670 : 9x7.7m wide single span Bridge over River Izava with 5.5m clearance.
Km 33+950: Baraka bridge (3 Span) crossing over River Yala (26 x 7.3 m) with 6.5m clearance
Km 46 + 675 : Arch bridge (21 x10m diameter) on River Isikhu crossing with 4m clearance.
Page 45
3.2.5
Material Sources
The sub-grade soil investigation along the existing road alignment comprised sub-grade soil sampling by means of trail pits, DCP tests and laboratory testing. Trial pits 0.5m x 0.5m in plan were excavated at one (1) kilometre interval on alternate side of the carriageway to depths of 1 m. The pits were dug to varying depths from the surface to sub-grade level with a total of 154 pits dug over the total road length of 157 km from Kisumu to Webuye and Webuye to Kitale. The vertical profile of the pavement in each trial pit was recorded and representative sub-grade sample taken for laboratory testing. Potential sources of gravel have been identified as follows: Table 3.2.5: Kisumu-kakamega Section Ref. MS-1 MS-2 MS-3 MS-4 Location Kanyakwar Kiboswa Makhokho Sigalagala Km Kisumu 4+800 10+500 36+400 39+400 Existing New Existing Existing from Remark
Km 4 + 900 RHS: Natural Gravel borrow pit at Mamboleo; 2 Km. off the alignment.
Km 4 + 900 RHS: Kisumu concrete Natural Gravel site; 3.4 Km off the alignment.
The existing material sites have been in operation for a long time. Most of the above sites are located within 8 km off the main road with some within the road reserve and having fairly good access. All the existing material sites have sufficient reserves of gravel to satisfy the project
Page 46
requirements.Three (3) existing commercial hard stone quarries have been identified and material samples collected for laboratory testing.
Km 4 + 900 RHS: Ndugu Hardstone quarry; 3.3 Km off the alignment.
Km 4 + 900 RHS: Kisumu concrete Hardstone quarry; 3.4 Km off the alignment.
These quarries fall within the major quarry belts within their region and have a combined production capacity that can meet the requirements of the project with little additional crushing investment. 3.2.6 Available Infrastructure The areas served by the project road have mixed land uses with urban and rural setting. The area has several supporting infrastructure including schools, hospitals, water and electricity supply, telephone services among others 3.2.7 Security State of security along the project road is similar to that of the rest of Kenya where level of safeness uncertainty is very high. The situation is worse in the rural areas especially in area with massive vegetation growth along the project road this accunuated due to lack of street lights and security personnel. 3.2.8 Road Furniture Road furniture and supporting facilities like bus stops, bus parks, markets, signage, and speed control devices are lacking along the roads. These facilities needs to be developed and should take into consideration the socio-cultural activities of the community.
Page 47
3.3 Project Description The construction of the first 5km of the road project will be undertaken as discussed in table 3.3 below. In terms of the reconstruction works recommended above over the section Km 0 to Km 1 one of the lanes is to be used to carry the traffic whilst the other is reconstructed and then vice versa once the first lane is ready. From Km 0 to Km 1 the proposed alignment coincides with the existing dual carriageway alignment maintaining the existing median. From Km 3+725 to Km 5+375, the dual carriageway follows a new alignment with varying median width, with the existing carriageway being retained as the left hand carriageway at the railway overpass at Km 4+150. The new right hand carriageway at the railway overpass has been offset. From Km 5+375 to the end of the proposed dual carriageway at Km 10+550 the alignment for the right hand carriageway coincides with the existing road. Table 3.3: Proposed alignment for the Road SECTION Km 0 to km1 Km 1 to km5 Km5 to km10+550 PROPOSED ALIGNMENT unchanged from the existing alignment the existing single carriageway becomes the median strip for the new dual carriageway The existing road forms the right carriageway of the new dual carriageway A deviation needs to be constructed for the section Km 1 to Km 5 so that the materials in the existing pavement can be extracted and processed in part for the km0 to km1 section and in part for the new dual carriageway over this section. Some new gravel will have to be added to the reprocessed material to obtain sufficient material for the subbase. For the section Km 5 to Km 10+550, the new right carriageway is to be constructed initially, whilst the traffic is using the present road. This carriageway is to be constructed using new material. When this is ready, the traffic is to move onto it and the pavement materials from existing road processed, as recommended above, for the construction of this carriageway. As regards the remainder of the road, deviations will have to be constructed whilst the work is in progress.
Page 48
Turning circles to facilitate U turns have been provided at the following locations by widening the median: Km 1+200 and Km 1+250 Km 4+725 and Km 5+200 Between these sections, there is the proposed roundabout at Km 2+625 to be constructed under the Kisumu Bypass project. The Kisumu Kakamega road passes through many trading centres. It is proposed to provide 6m wide service roads at some centres to minimise conflict between local traffic and through traffic. Non-motorised traffic facilities including lay bays and foot paths shall be provided, of particular concern has been due to the high concentration of non-motorised traffic (NMT) between Kisumu and Kondele and through Kakamega town. At the urban centres, non-motorised traffic including pedestrians, bicycles and handcarts will be catered for by the proposed 3m - 4m wide segregated lanes. This is in accordance with the guidelines given in Guidelines for Pedestrian and Bicycle Traffic in African Cities prepared under the World Bank Sub-Saharan Africa Transport Program (January 2001). 3m and 4m wide NMT lanes on both sides are proposed in the section Kisumu Kondele up to Km. 3+700 and through Kakamega respectively. These NMT lanes will be separated from the main carriageway by shoulder and open IBD drain. Bus bays will be provided at all the towns, near institutions (e.g. schools) and trading centres along the route. The construction phase of the project will begin once a contractor has been indemnified and commencement period agreed on with contractor. The project implementation shall consist of several components which include: Identification of camp site for construction team Identification of sources of waste Identification of sources of construction material Recruitment of labourers Page 49
Development of applicable conservation and management plan
The contractor shall identify strategic positions to develop a camp site for its labourers and staff. Camp sites built in the early periods of the gravel road development were sited at several disitrcts along the project road. The contractor will need to consult with the community members and relevant stakeholders on where to develop the camp site and how water, materials, sanitary facility and other requirements from the community shall be managed. The communities expressed that they would like unskilled labourers to be sourced from their areas. Water was found to be adequate along the project road to sustain the road project apart from Kisumu District where it was recommended a borehole be drilled to provide water for road construction. It is advised boreholes be sited in areas that are accessible by the local communities so that they can benefit from it. Road construction material is easily available along the project area but consultative meetings on agreement on management of disused sites should be entered before exploitation of the materials. 3.4 Description of the Projects Construction Activities 3.4.1. Pre-construction Investigations
The implementation of the projects design and construction phase will start with thorough investigation of the site biological and physical resources in order to develop a baseline data bank that shall guide in impact monitoring. 3.4.2. Sourcing and Transportation of Building Materials
Building materials will be transported to the project site from their extraction, manufacture, or storage sites using transport trucks. The building materials to be used in construction of the project will be sourced from within the project area. Greater emphasis will be laid on procurement of building materials from sites located closer to the site being worked on; this will make both economic and environmental sense as it will reduce negative impacts of transportation of the materials to the project site through reduced distance of travel by the Kenya National Highways Authority. Page 50
materials transport vehicles. Excavated materials from the road can be crushed and reused as construction material. 3.4.3 Storage of Materials
Building materials will be stored on site. Bulky materials such as rough stones, ballast, sand and steel should be carefully stores at contractors yard and protected from elements of weather in order to avoid wastage due to weather conditions like wind and rain. Chemicals material such as emulsifiers, stabilizers, petroleum products and solvents will also be stored at site. 3.4.4 Excavation and Foundation Works
The project will involve excavation of the existing road foundation so as to pave way for new development and excavation will also be done at material sites.This activities are normally accompanied with noise, vibration, dust evolution and use of heavy machinery. 3.4.5. Masonry, Concrete Work and Related Activities
The project activities will involve a lot of masonry work and related activities including: stone crushing, asphalt mixing by use of both manual and mechanical means. These activities are known to be labor intensive and a source of air pollutants. 3.4.6 Sitting and development of camp site The road project will require a camp site for its workers and for storage of machinery and equipments, processing and storage of materials. Camp should be provided with water supply and sanitary facilities. 3.4.7 Drilling of Borehole
Boreholes will be required to provide the project with adequate water for construction in Kisumu District as the area has no reliable water source apart from the lake. Options of abstracting water from the lake can be evaluated after consulting the relevant authoirites.
Page 51
3.4.8
Landscaping
To improve the aesthetic value or visual quality of the site once construction ceases, the proponent will be required to carry out landscaping this will include establishment of roadside tree planting, backfilling and vegetating of disused quarry sites. 3.5 Description of the Projects Operational Activities
3.5.1 Occupancy A relatively large number of staff will be employed at the project and considering the distance of project from major towns most of the staff will reside at the labour camps that will be developed. 3.5.2 Solid Waste and Waste Water Management
The proposed project shall generate a lot of waste both at the labour camp and at the road development site. Contractor/proponent will provide facilities for handling solid waste generated. These will include dust bins/skips for temporarily holding waste within the camp before final disposal at the designated dumping site. Bulky excavated material should be piled at designated collection point before disposal or reuse Sewage generated from the camp should be discharged into the sewerage system, while storm water from the project area will be channeled into the storm water drainage system or directed to natural water courses with consideration of downstream effects. 3.5.3 Cleaning
The occupants of the camp units will be responsible for regular washing and cleaning of their units and other common/communal areas. Cleaning operations will involve the use of substantial amounts of water, disinfectants and detergents.
Page 52
3.5.4
General Repairs and Maintenance
The camp, machinery and equipments will be repaired and maintained regularly during the operational phase of the project. Such activities will include repairs and maintenance of electrical gadgets and equipment, repairs of refrigeration equipment, repairs of leaking water pipes, painting, maintenance and replacement of worn out parts, oil changes among others. Period maintenance of the road will also be undertaken once construction is complete and this will include clearing of road side vegetation, fixing damaged sections of the road among others. 3.6 Description of the Projects Decommissioning Activities 3.6.1 Demolition Works
It is anticipated that the proposed project will have a lifespan of several decades save for period maintenance. Upon decommissioning, the project components including the road, buildings, pavements, drainage systems, parking areas and perimeter fence will be demolished. This will produce a lot of solid waste, which will be reused for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company. 3.6.2 Dismantling of Equipment and Fixtures
All equipment including road surface, electrical installations, furniture partitions, pipe-work and sinks among others will be dismantled and removed from the site on decommissioning of the camp site, the road and other project components. Priority will be given to reuse of these equipment in other projects. This will be achieved through resale of the equipment to other contractors or donation of this equipment to schools, churches and charitable institutions, rehabilitation of feeder roads etc. 3.6.3 Site Restoration
Once all the waste resulting from demolition and dismantling works is removed from the site, the site will be restored through replenishment of the topsoil and re-vegetation using indigenous plant species or developed according to the development trend of the time.
Page 53
3.6.4
Construction Materials and Energy Used
The main sources of energy that will be required for decommissioning of the project will include electricity and fossil fuels (especially diesel). Electricity will be used for welding, metal cutting/grinding and provision of light. Diesel will run material transport vehicles and construction equipment/machinery such as bulldozers and concrete mixers. The proponent should intend to promote efficient use of materials and energy through proper planning to reduce economic and environmental costs of excavating new materials. 3.6.5 Solid Waste Generated
Large amounts of solid waste will be generated during decommissioning of the project. These will include metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, paper bags, empty cartons, empty paint and solvent containers, broken glass among others. The proponent is advised to take steps to minimize the generation of such waste and to ensure proper disposal procedures or recycling/ generated wastes. 3.6.6 Liquid Effluents Generated by the Project
During decommissioning disconnection of pipes and other activities like washing are likely to generate effluents. 3.7 Analysis of Project Alternatives This section analyses the project alternatives in terms of site, technology scale and waste management options. 3.7.1 No Project Alternative
The No Project option in respect to the proposed project implies that the status quo is maintained. This option is the most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing environmental conditions. This option will however, involve several losses both to the local community and the nation as a whole. The community will continue to face the constraints they are currently experiencing due to inefficient transport network and system and the anticipated economic development aimed at Kenya National Highways Authority. Page 54
fulfilling the Vision 2030 will remain unattainable.The No Project Option is the least preferred from the socio-economic and partly environmental perspective due to the following factors: The economic status of the Kenyans and the local people would remain unchanged. The local skills would remain under utilized as no employment opportunities will be created for thousands of Kenyans who would have otherwise worked at the project area. Reduced business development due to lack of road infrastructure Reduced interaction both at local, national and international levels. Increased poverty levels and literacy and subsequent increase in crime
From the analysis above, it becomes apparent that the No Project alternative is no alternative to the local people, Kenyans, the government of Kenya and East African region as a whole.
3.7.2 Analysis of Alternative Construction Materials and Technology
The road will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. Equipment and systems that save resources including energy and use of solar systems, water conservation will be given first priority without compromising on cost or availability factors. Rainwater should be harvested and be used in construction activities and supply to labour camps for flushing toilets and other non-domestic activities. Heavy use of timber and wood during construction should be discouraged to minimise destruction of natural resources. The tree exotic species should be preferred to indigenous species in the construction where need will arise as they can be replanted with ease. Asphalt mixers, crushers and other construction equipments and machineries should be incorporated with pollution control devices like dust arrestors/precipetaros, emission control, noise abatement devices and desulfurisation devices. The equipments and vehicles should have highest levels of combustion efficiency, capability to use cleaner fuels like bio-diesel and should have enhanced safety features.
Page 55
3.7.3 Solid waste management alternatives
A lot of solid wastes will be generated from the proposed Project. An integrated solid waste management system is recommendable. First, the proponent should give priority to reducing waste at Source. This option will demand a solid waste management awareness program for the management, workers and the residents. Secondly, recycling, reuse and composting of the waste will be the second alternative in priority. This will call for a source separation program to be put in place. The waste will be sold to waste buyers within the project area or be collected by a private waste management company. The third priority in the hierarchy of options is combustion of the waste that is not recyclable though the reglations prohibit open burning of waste. Finally, sanitary land filling will be the last option for the proponent in areas provided with the facilities.
Page 56
CHAPTER 4 PUBLIC PARTICIPATION 4.1 Legal Requirement Section 17 of the Environmental (Impact Assessment and Audit) Regulations of 2003, requires that all E&SIA Studies incorporate Public Consultation (PC). The aim of the PC is to ensure that all stakeholders interested in a proposed project (including project beneficiaries and the general public in the vicinity of the proposed project) are identified and their opinion considered during project planning, design, construction, operation and decommission phase. 4.2 Objectives of Public Consultations
The main objective of the PC was to: Inform the local administration (District Commissioners, District Officers, Chiefs, Assistant Chiefs, Councilors and Village Elders) and the departmental heads in the district about the proposed project; at the same time collect their views; 4.3 Provide an opportunity for all the stakeholders and communities in the proposed project area to raise issues and concerns pertaining to the project; and Conduct the socio-economic survey. Methodology and Data Collection
The field reconnaissance study and detailed surveys for Kisumu-Kakamega Road was conducted in mid March 2008 with the aim of: Collecting baseline data and evaluating the state of the environment Studying the administrative structure of the three districts traversed by the road project in order to formulate a data collection method Conduct introductory meetings at the District levels in preparation for the public participation. Gather literature material from the Distinct offices on the Development Plans and Socioeconomic profile Assessment of the available social, cultural and economic infrastructure.
Page 57
The initial field survey was followed with letters written to the District Commissioners of the three districts namely; Kisumu District in Nyanza Province, Vihiga District and Kakamega District. The aim of the letter was to introduce the scope of the project at the same time request for permission to conduct public participation with the District Environment Committee and the local populace. Copies of the letters sent to the DCs are found in annex 4 of this document. The district administrative heads granted permission to conduct the study and a second and detailed site visit which incorporated public meetings was conducted from 25th June 2008 to 14th July 2008. A list indicating the number of meetings held during the site visit including their dates, time and venue of meetings is given in the table 4.3 below. Table 4.3: A List Indicating the Schedule of Meetings held during the Site Visit No./S Date 1. 2. 3. 4. 5. 6.. 7.. 8.. 9.. 10.. 11. 12. 13 25/06/2008 27/06/2008 29/06/2008 5/7/2008 5/7/2008 7/7/2008 7/7/2008 8/7/2008 9/7/2008 9/7/2008 11/7/2008 11/7/2008 14/7/2008 Time 10a.m -12 p.m. 10 a.m -1p.m 9 a.m-10 p.m 10a.m-12 p.m 2p.m -3p.m 10-12p.m 2p.m -4p.m 9-10 a.m 10a.m-1p.m 2p.m-5p.m 10-1p.m 2p.m-5p.m 2p.m-4p.m District Kisumu East Vihiga Kakamega Central Vihiga Vihiga Vihiga Vihiga/Hamisi Kakamega Central Kisumu East Kisumu East Kakamega South Vihiga Kakamega East Point of Meeting DCs office DCs Office PDEs Office Mbale Chavakali Market Majengo Market Gambogi DCs Office Kiboswa Market Kondele Market D.Os Ikolomani Chavakali St. Agnes High School, Shinyalu The agenda of the EIA meetings and Socio-Economic due diligence of the proposed project area was based on the scope of study outlined in the Terms of Reference developed by KENHA as stated below office
Page 58
Construction of a new 10km (ten kilometer) dual carriageway from Kisumu/ Busia Junction to Kiboswa Rehabilitation of the Ramogi Institute of Advanced Technology (RIAT) access road and all loop roads in towns and market centres totaling to 30km to bitumen standards Provision of wide footpaths along busy trading centers, market places and bridges. Appropriate modifications of junctions affected by the project road improvement scheme Study of project area for drainage consideration and thus improvement The impact of re-cycling options for the road works Potential scour points such as steep ditch or channel gradient or side slopes Existing and proposed materials sources Effects of construction on water quality
The public participation revealed that the socio-economic impacts (positive and negative) of the road project on the communities living along it or the population dependent on it were similar throughout the roads stretch. All the communities living along the road were optimistic on the benefits of the proposed road improvement project though some negative issues were also raised. The major positive impact perceived by the community members was enhancement of transport thus attraction of business activities in the respective districts. Other positive impacts included increased accessibility to the social and economic facilities such as markets, schools, hospitals among others The negative impacts raised were substantial but could be mitigated if an appropriate management, monitoring and implementation plan is drawn during project development and future maintenance. Some of the negative impacts raised included: Relocation of business premises established on the road reserve. According to the data collected, this action will have to be undertaken with adqaute consultation as it might provoke the community members. Despite the fact that the community members conducting business on the road reserves knew the land belongs to KENHA, the stakeholders stated that affected parties should be informed as early as practically possible on the extent of road reserve to avoid surprises and loss of property which Kenya National Highways Authority. Page 59
might result to disputes. The stakeholders proposed the keeping of clear records on the extent of damage the business premises will suffer due to the relocation Abandonment of disused quarry-Community members lamented that this is a safety hazard to them and based on past experiences, the contractors had left open gulleys and destroyed lands without rehabilitation thus exposing community members especially children and animals to dangerous sites and increasing food insecurity. Damage of roads leading to material sites-The community members stated that the use of exising access roads serving their localities by the road construction team normally leads to their destruction and according to past experience the road developers normally leaves the damaged access roads without rehabilitation. Inappropriate construction of drainage structures or lack of drainage structures leading to flooding of farms-On this issue community members stated that normally the drainage structures are constructed and directed to one point and many atitmes to individual farms thus leading to destruction of crops or even flooding the whole area during rainy seasons. They recommended that the drains should be designed and constructed with several outlets so that minimum volume of run-off are directed to the farms so as to reduce water logging or alternatively they should be directed to water bodies. Immigration of workers leading to cultural disorientation, eruption of diseases and other ill social vices. The community members stated that labour should be sourced from the locality as much as possible before supplementing with incoming labourers as this shall reduce immigration to the area and the vices associated with it. They added that manual work like excavation, vegetation clearing; stone pitching among others could be done by women, the youth and the male community members. They emphasized the need of employing women as they need the resources to run their households. Lack of road supporting infrastructure like bus parks, markets, fly over, bumps, road marking among other which in turn lead to hawking and touting activities or the roads, frequent accidents among others. The community stated such infrastructure should be developed together with the project road. Poor application of technology and management of raw materials especially handling of bitumen leading to air, water and soil pollution. They stated bitumen should not be melted in open public places as the emissions affect them and also damage their farm lands.
Page 60
Minutes of the public participation and findings of each of the areas consulted is found under annex 7 of this report. 4.4 Deduction on information gathered during public participation The public participation was comprehensively conducted with a wide section of the community members being consulted including the administration, business community, farmers and the general public. According to the comments issued by the community members, the need of rehabilitating the road and, improvement of its associated support infrastructure is apparent. The road in its current state hinders the optimal exploitation of potentials areas in terms of business and agricultural productivity and posses a great hazard to the community members due to lack of drainage facilities, safety facilies among others. The consultants noted that the road carriage is adequate for most of the areas it traverse due to the low volume of traffic and recommended in order to make the community understand that with the current volume the road does not necessarily need horizontal alignment sanity and organization has to be brought to road use. It was noted that the main cause of overcrowding on the road is due to trading and hawking activities along the road, lack of lay bay, bus parks and bus stops at most trading centres. It is recommended markets, bus stops and PSV parking areas should be relocated away from the road. Strucutres to control encroachment and enforcement measures needs to be developed to prevent encroachment of the public on the roads. It is also recommended that feautes to enhance safety should be designed and developed simultenously with the road especially at the junctions, black spots, steep areas, near institutions such as schools. All resources to be sourced or shared by community should be done or shared in a humanly manner or under the guidance of appropriate regulations. It is advised consultations among the proponent/contractor, community administration and community members should be conducted if any major works that might lead to adverse impacts to the community.
Page 61
CHAPTER 5: BASELINE INFORMATION OF THE STUDY AREA. 5.1 Introduction This section gives the environmental and social profile of each district traversed by the Project. The proposed road is expected to bring more positive changes to the communities living along it in terms of improving level of communication with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities. 5.2 LARGER KISUMU DISTRICT
5.2.1 Geographical Location and Size
Kisumu District is in Nyanza Province and is currently divided into two districts namely Kisumu East and West but a third district namely Kisumu North has been proposed. The Larger Kisumu district lies within longitude 33 20E and latitude 0 20S and 0 50S. The district covers a total area of 918.5 km2 and had four administrative divisions.
5.2.2 Topography and Climate
Generally, the area experiences high temperatures throughout the year. Annual rainfall in the district is about 560mm to1630mm. This falls into two rainy seasons but 70% of the rains are received during the long rains. The annual mean temperature ranges from 200C-380C and the districts altitude range between 1135m-1600m above sea level.
5.2.3 Population Size and Distribution
The latest national census (1999) showed Kisumu districts to have a population of over 504,359 persons, with a growth rate of 2.9% per annum slightly below the national average of 3.2%. Wimam has a high population density of 835 persons / km2; an average household size of 4 persons and it is estimated that approximately 60% of the population lives in informal settlements. Kenya National Highways Authority. Page 62
Approximately 73% of the total population is aged below 30 years old, and a total of 42% of the population is younger than 15. Only 3.4% of the population is aged above 65 years. The female/male ratio is 100:97. Approximately 25% of the female population is of childbearing age. The following table shows the population distribution by settlement. Table 5.2.3: Population distribution by settlement for Kisumu District. Division Winam Maseno Kombewa Kadibo Total Area in km2 395.0 168.7 192.1 162.7 918.5 Population 550,365 69,336 63,969 51,901 535,571 Population Density 887.0 411.0 332.9 318.9 549.0
5.2.4 Gender Inequalities
Gender disparity in Kisumu district is characterized by a situation in which women bear a disproportionately large share of both domestic and agricultural work. The 1999 census report indicated that women constitute the majority of the labour force in the district, providing mostly unskilled labour. This trend is predicated to remain unchanged over the next five years as more women join the local labour force whilst men migrate elsewhere in search of better employment opportunities. Despite their considerable contributions to both family income and rural economy, women in the district continue to be faced with inhibitive cultural traditions relating to divisions of labour, lack of access to land and property, exclusion of women in decision making and restrictions on family inheritance. The result is that rather than being able to concentrate on activities that earn income, many women must spend the majority of their time undertaking domestic activities.
Page 63
5.2.5 Economic Activities and Employment
Kisumu district has four main industries: agriculture, fishing, business and manufacturing, and civil service employment. Agriculture is the main source of income for the majority of the people in the hinterland. Cash crops such as sugarcane, rice and cotton are cultivated, in addition to maize and sorghum which are grown for food. Other crops that are grown on commercial basis include beans, bananas, pineapples, citrus, simsim and green grams. Subsistence farmers tend to produce maize, beans, millet, groundnut, sorghum, cassava, and vegetables. Livestock is farmed for meat and milk. Public sector employment accounts for the largest proportion of the total labour force. Private sector employment in business and manufacturing enterprises and informal sector, have both experienced substantial growth, particularly an increase in the informal transport sector (use of bodabodas or bicycle- taxis). Informal sector activities such as fabrication of small household items, woodcraft, and basketry also provide substantial sources of income. Fishing also constitutes an important industry in Kisumu district as both a major source of food and of household income; employment in the fishing industry accounts for a large proportion of the total labour force, either as fishermen or fishmongers. In contrast, in the suburban fringe areas, most residents work in the agricultural sector, despite the low productivity of the land. Others engage in informal employments and or provide cheap labour in town. Unemployment and poverty levels in this area are high, probably owing to its rurally oriented environment. The city is fast developing as a tourist industry with the attractions of Lake Victoria and nearby wildlife. It is estimated that 53 %( 267,310) people live below the poverty line in the district. The economically active population is estimated to be approximately 53% of the total population. The dependency ratio in the town is 1:1.18; this is very high, as every 100 people who are working have to support 118 dependants
5.2.6 Land Use and Tenure
The current major land uses in Kisumu district are for industrial, agricultural, commercial and residential purposes. Only 35% of total land area of the district is used for agriculture Kenya National Highways Authority. Page 64
and food production, most of which is subsistence farming with maize and sorghum the most commonly grown. A small percentage is used for irrigation and mainly growing paddy rice. About 11% is mainly bush and thicket and 18% is unexploited or rangeland i.e. around Kombewa and Kadibo. 14% is taken up by settlement mainly Winam and Maseno division. The industrial area is situated close to the lake and runs parallel to the lakeshore. The area is served mainly by the railway and acts as the terminus of the two railway lines that connect Kisumu with the rest of Kenya. The industrial area is separated from other land uses by Makasembo road and extends towards the airport in the northwest. In 1969, the industrial zone covered a mere 6.5% of all land uses in Kisumu (Kenya Government 2004) but it has since expanded in two directions; along the road to Maseno in the northwest and along the road to Chemelil in the north east. The Central Business District (or CBD) is main area of commercially-used land in town. The northern section of the CBD predominantly consists of the central and local government administrative offices, whereas the central portion consists of modern offices, department stores and branches of Nairobi-based companies. Land tenure in Kisumu District is freehold and leasehold basis. The average plot sizes in the neighbourhoods and estates are quarter acres, which are normally freeholds with titles issued. But in some estates, the residents have an average plot size of 0.8 acres and on a freehold ownership with no titles issued. The earlier inhabitants of the area - the Luo tribe, controlled the distribution of land in the peri-urban areas of Kisumu. Traditionally, the Luo considered land to be the property of the community, usually the clan, but each member of the clan would be allocated a parcel of land to farm and thereby feed his family. Grazing land and watering places were common and everyone was obliged to provide access to such common land. Subdivision of the pieces of land continued with inheritance from uncles and brothers. Because of this culture of bequeathing
Page 65
5.2.7 Social Services and Community Facilities
Provision of social services such as community centres, health facilities, educational facilities, housing and social support are the responsibility of the Kisumu Council's Social Service Department. However, the council has been unable to fulfil its mandate and consequently educational, health and social facilities are unevenly distributed, there are large areas of low quality housing with poor access and there are no controls of rent increases, particularly in the low income areas. Housing quality varies across the municipality like in any other urban centre in Kenya. Housing in the middle and upper class residential areas in Kisumu district is characterized by permanent structures made of brick or stone walls with iron sheet or tiled roofing. However, the quality of housing is more varied in the low income areas and informal settlements, these areas tend to contain both traditional and modern houses. Typical housing in the informal settlements consists of a single room and a courtyard with shared facilities. Most of the existing social facilities lack basic services such as water, sanitation, electricity and solid waste disposal. The situation is particularly grim in the informal settlements where approximately 60% of the population live. Social facilities such as schools are inadequate. Due to the lack of land for public facilities, markets, social halls and recreational centres are very limited or nonexistent; traders use the roadsides to set up businesses and tree shades are used as venues for seminars and meeting groups. Schools in these areas are plagued with several problems including overcrowding, staff and classroom shortages and lack of land for expansion. Manyatta is the only slum area that has good social facilities; but even here, the schools still lack basic facilities such as electricity, sufficient numbers of desks and adequate numbers of appropriate learning materials. There are no government health facilities in these areas and residents must walk long distances to the government district hospitals, or municipal health centres such as the ACK Lumumba health centre and Joel Omino dispensary. Use of alternative or traditional medicines to cater for various health needs is common place. In the suburban fringes in Winam division educational facilities are inadequate and do not meet the local demand by the large number of pupils. Rural schools lack adequately sized buildings and sanitation facilities.
Page 66
5.2.8 Civil Societies Operating in Informal Settlement
The following civil societies, non-governmental organisations (NGOs) and microfinance organisations operate programs in the informal settlements: World Vision, Sustainable Aid in Africa (SANA), KADET, WEDCO, KWFT and the Undugu Society. In addition, a number of local Community Based Organizations (CBOs) are known to exist. The programs undertaken by these organisations target the following areas: improvement of water and sanitation conditions, poverty alleviation and addressing the social and economic impacts of HIV/AIDS. Several NGOs and CBOs operate in Kisumu district with programmes focusing on home-based care for HIV/AIDS victims, orphans and affected families with free Voluntary Counselling and Testing (VCT) schemes. A number of organisations including KADET, WEDCO, KWFT and the Undugu Society, offer low interest credit to the residents in order to enable them to invest in and develop incomegenerating schemes. The NGOs currently involved in water and sanitation programs in the informal settlements include SANA, World Vision and Undugu Society. Of these, only SANA has a fully comprehensive hygiene promotion focus. SANA uses the PHAST (Participatory Hygiene and Sanitation Transformation) approach, working with CBO partners, and using the Child-to-Child (CTC) approach in hygiene promotion activities in community schools in Manyatta B. SANA has undertaken water and sanitation projects, including hygiene education, in Bandani and Manyatta "B". The Bandani project ended in 2003, the Manyatta project is on-going. World Vision and the Undugu Society use organised community groups as partners in the implementation of their programs. World Vision, whose main programmes are childfocused, operates particularly in Obunga and Bandani and projects include environmental cleanup days in conjunction with the community of Manyatta "A". The organisation is also supporting plans for improving water supply and sewerage system in Manyatta "A", in collaboration with KIWASCO and Ministry of Water Irrigation. The Undugu Society came to Kisumu district in 2003 and started the Undugu Manyatta Community Development Program in 2004. This programme initially entailed a youth and street children education programme and has since developed to include a water and sanitation component. This component commenced in June 2005 and involved the construction of six public latrines in Manyatta A. This project is financed by a German NGO and has established an office in Manyatta A. Kenya National Highways Authority. Page 67
5.2.9 Existing Infrastructure Facilities
The distribution of physical infrastructure can be regarded as an indication of the development of a town or city. In this regard, Kisumu district is one of the more developed districts in the region and thus continues to attract investment. Renovation of the industrial sector is being attempted under the City Development Strategy Plans; the town is to become an economic development centre and it is envisaged that this will impact positively on the whole region. The peri- urban and slum belt areas forming the outer ring of the old town are residential areas for low income earners and are home to approximately 60% of Kisumu's population. These areas are changing and growing very rapidly, and this has a negative impact on the ability of the existing infrastructure to cope with current demand. 5.2.9.1 Roads Kisumu's high-income residential areas and formal public housing areas are well served with infrastructure. However, poor road networks are a common feature in low income areas because the council's input in terms of planning and capital outlay is minimal. Road reserves, which are primarily intended for the provision of service corridors for sewerage, storm drainage and piped water networks, are almost non-existent in slum areas. This is partially due the fact that the road networks are unplanned and also that the few planned road reserves have now been encroached upon by developers. The roads are generally impassable due to poor drainage, inadequate spacing of houses and widespread sewers. Additionally, the roads are not clearly demarcated and structures have been erected on the road reserves. Handcarts are the main modes of transport to access the main roads. In accordance with rural planning standards that were current at the time of construction, the access roads in Nyalenda, Nyamasaria and Pandpieri, are only 6m wide. However, in urban areas 6m width is only considered suitable for access roads to single plots. However, the majorities of roads in these areas do not adhere to even this standard and are only approximately 4m wide. The ring road is the only access network completed which has led to the increase in land values and a change in use to commercial purposes. The ring road is Kenya National Highways Authority. Page 68
the only public transport vehicle route in the area, beyond which access to the slum area is on foot or bicycle. All the roads within the slums are narrow tracks which lack drainage. Houses are constructed right up to the road edge on either side, allowing no space for road widening. The suburban fringe areas of Kisumu such as Kibos, Usoma and Kanyakwar lack infrastructure services and the roads are of a similar condition to those in the slums. The road network is of rural standards, which is unlikely to cope with the increased flow of traffic the new developments will bring. The roads are approximately 6m wide and encroachment on the road reserves is also common. This will pose challenges in the provision of infrastructure services, such as storm drainage, street lighting, sewage and water. 5.2.9.2 Water Supply The water supply system in Kisumu can be categorized into three systems: that provided by KIWASCO, the peri-urban system and the system provided within the informal settlements. The existing water supply facilities provided by KIWASCO are in very poor condition and a large proportion of the population has no access to the service. The coverage of KIWASCO's current water supply network commands 40% to 50% and is mainly concentrated within the built up urban centre. The combined water supply capacity from the two water treatment systems amounts to 20,000m3/day, which is less that half of the predicted demand of 50,OOOm3/day (Department of the Environment strategic plan of 04-07). Peri-urban water supply systems consist of small-scale systems, outside the KMC service area, operated by MW&I, CBOs, NGOs, etc. Informal Settlements Systems are a combination of the Municipal System and Peri-urban Systems. The existing water supply in the low-income areas, including the informal settlements, is inadequate and does not meet the demand. There is no reliable distribution network and piped water is mostly available through water kiosks. Most of the water connections in these areas are illegal, resulting in major financial losses for KIWASCO. Water vendors help in the distribution of the water to the areas away from the water sources. Shallow wells, springs, boreholes, streams/rivers and Lake Victoria are important alternative water sources. However, most of these sources are of dubious quality and likely to be contaminated due to over-flowing pit latrines, poor wastewater management, and inadequate solid waste and drainage systems. Kenya National Highways Authority. Page 69
In some of the informal settlements, KIWASCO piped water supply distribution networks are in place, but there is no water supply. In the informal settlements particularly, some sections of the network have been vandalized. Water carriers in the area help in the distribution of the water to the neighborhoods. The majority of residents in the informal settlements still obtain water from kiosks, shallow wells, streams and rainwater harvesting. The wells in the settlements are in poor condition, some are unprotected and the water supplied is of dubious quality. The infrastructure for the delivery of water services in the informal settlements is either inadequate or non-existent. Only 7% (37232) people have access to potable water. The average distance that people cover to access water is 2km. The district water coverage is about 37% leaving the bulk of the population without safe drinking water. This reveals that coverage and accessibility to water in the District is one of the lowest. The quality of water is unacceptable for drinking from all sources except Boreholes and piped which are relatively safe. 5.3. LARGER VIHIGA DISTRICT 5.3.1 Geographical Location and Size
Vihiga district is one of the districts found in Western Province and has currently been subdivided into two three districts namely Vihiga, Hamisi and Emukhaya; the project orad traverses through Vihiga and Hamisi distrcts. The larger Vihiga disitrct lie between longitude 34, 30 east and 35, 0 east and between 0, and 0 15 North. The equator cuts across the southern tip of the district. It lies on the eastern fringes of the Rift Valleys lake basin. The district has altitude range between 1,300m-1,500m above sea level.
The larger district is characterized with undulating hills and valley. The main rivers are Ewaso and Yala which drain in Lake Victoria. The southern part is characterised by rugged granite hills of Maragoli, Bunyore and Nyangori. The district experiences modified equatorial type of climate with high reliable rainfall of 1800mm to 2000mm. Rains are well distributed and bimodal showing two distinct seasons i.e. long and short rains. Long rains are experienced in April, May and June while a short rain comes in September, October and November. The temperature range of the district is between 140c and 320c with a mean of 230c. Kenya National Highways Authority. Page 70
The total population of the larger Vihiga District as per 1999 population and housing census was 498,882 and this has been shown to increase to 581594 in 2004. Population growth rate in 1999 was 3.3%. The district has a population density of 1033 persons per kilometer square as at 2004. The district is one of the most densely populated rural areas in Kenya given that most of the people here are found in the rural area. The high population density is now forcing people to migrate to other districts to settle there.
There are fundamental challenges of gender equality within the district. Domestic and social burden fall on the women. They are expected to undertake all the domestic chores like fetching water and looking after the children in addition to feeding their families. The result is that rather than being able to concentrate on activities that earn income, many women spend majority of their time undertaking domestic activities.
The climate of Vihiga has abundance of sunshine and adequate rainfall which make the district soil appropriate for cultivation of variety of agricultural crops and animal husbandry. Farmers in the district are basically subsistence farmers and a bit of fishery, poultry and dairy is also carried out in the district. Farmers in the district are basically subsistence farmers and a bit of fishery, poultry and dairy is also carried out in the district. Most farms in the district are not mechanized as the farms are very small. Human labour is mostly utilized in crop production. Tea is most important cash crop due to organized market and regular payment. Coffee production remained is on decline as farmers attitude is low due to non payment of delivered produce.
Page 71
Vihiga district is not endowed with many industrial activities. There are a few industrial tea factories i.e. Mudete tea factory in sabatia division, a Jaggery in Luanda division and nine coffee-pulping factories trotted in all divisions of the district. Other industries are Jua Kali. Trade is done on small scale involving mostly household goods. Some agricultural goods are sold out of the district on minimal scale. Cash crops i.e. tea and coffee are sold to tea factories and co-operating for forward prosing. During the 1999 census poverty level was 65% and increased to 68% in 2002. Income level in the district is very low and as of 2002 per capita income recorded was 2000.
Major soil found in the district is Rystic acrisols which are well drained and slightly acidic covered with humic top soils from both volcanic and basement complex with yellowish red loams derived from sediments and basemen. The soils are generally shallow and rocky and are favorable for oil, root, and cereal and horticultural crop production. Most settlements in the district are formal with people owing land mostly on freehold leases. However with advent of urbanization in the district, some informal settlements have now started cropping up especially at Mbale and Majengo Township.Vihiga District has three major land tenure systems namely; private land, trustland and Government land. Private Land- Owners have free access to the biodiversity there in as long as their utilization does not infringe on the various acts governing their protection. There is high pressure for more land for food production and settlement in the district, the average land holding being 0.4 ha. Trust land- The county council of Vihiga holds large tracks of land in form of hill tops, swamps and cultural forest. Government Land- through gazettment the government has a total of 4160.9 ha of forest land in the district.
5.3.7 Existing infrastructure Facilities
Most infrastructures are wanting. Provision of water and sanitation is inadequate. The district has no sewage infrastructure in the urban areas and people use septic tanks and pit latrines. Kenya National Highways Authority. Page 72
Although the district is lucky to have many schools that serve the settlement most of the schools luck facilities and this impact negatively on the quality of education. There are also inadequate health facilities in the district. 5.3.7.1 Roads Although there are some existing roads in the settlements their conditions are deplorable, as there is poor road maintenance. This has really hampered transportation in the district. Settlements along major roads in the district are served by public or personal vehicles. However most of the hinterland in the district is served by boda bodas (bicycles taxis). 5.3.7.2 Water Supply Considering the population of Vihiga District in relation to potable water availability, the percentage coverage is still demanding. The major sources of water in the district are: a) Surface Water Ministry has installed pumping units to convey water to consumers. They are mainly gazetted water supply covering approximately 15% of the district population mostly in the town and shopping centre. b) Springs In the rural areas spring have been constructed to cover approximately 8% of the district. c) Ground Water Boreholes are mainly in the institutions covering approximately 5%. Hand dug wells in some market areas and institutions also cover 5%. d) Rain water- People have not fully exploited this resource. The available roof catchments are mainly in institutions and very few individuals covering 2%. Basing on the above analysis, the total area/ population covered with adequate water in the whole district is approximately 35%. Remaining 65% drink water which is not wholesome. more than 90% of the population of the district walk less than 1km to get to water source. 5.4 KAKAMEGA DISTRICT 5.4.1 Geographical Location and Size
Kakamega district is one of the eight districts that make up Western Province. It lies between longitude 30032 and 34057 and east of the Prime Meridian and latitude 0007 30 north 0015 of the equator. The district has seven divisions and covers a total of 1394.8 km2. Kenya National Highways Authority. Page 73
The district experience bi-modal climatic conditions namely the long and short rains. Generally rains vary from 1000mm per annum in the northern part of the district to 2400mm in southern parts. Most rainfall received in the district comes in form of heavy afternoon showers with occasional thunderstorms. The district has high temperature all the year round with slight variation in mean maximum and minimum range of 280c to 320c and 110c to 130c respectively. The mean annual evaporation ranges from 1600mm to 2100mm with high temperature average 22.50c. Rainfall average is 1737.5mm.
The district has a population of 60, 3422 people in 1999 population and housing census, by 2008 projection reached 81,5409 persons. About fifty two percent (52%) of the Kakamega population comprise female. Female, male ratio is 100:93 and the dependency ratio is 100:108. Most people tend to settle around and within the town and the trading centure. Although Kabras division had the largest number of people in 1999 of (149510), municipal had the highest density of 1,485 persons per kilometers. Annual population growth of Kakamega is estimated at 2.12%. The high population growth rate has negative effects on the social and economic development of the district. As a result of inceased population growth and high population density, the district experiences net out migration of about 17% to neighbouring district and provinces especially Lugari District and to the Rift Valley Province.
The area is mainly agricultural and women provide most of the agricultural labour. However they do not have control or access to the benefits realized from the sale of crops.Domestic and social Kenya National Highways Authority. Page 74
burden also fall on the women. They are expected to undertake all the domestic chores like fetching water and looking after the children in addition to feeding their families.
Kakamega district has agriculture as the main economic activity. About 62% of the district population relies on agriculture. Both cash crops and maize for subsistence and commercial use is carried out in the district. Gold mining is being exploited in varioious parts of the district on small scale in Lirhembe, Sigalagala, Emalindi and Malinya area. The district has also diverse products for both locals and foreign tourists. Tourist attraction centers in the district include; Kakamega Forest, the crying stone, birds, bull fighting and traditional dancing. Absolute poverty in the district stands at 57.47% and the unemployed are about 12,106 persons.
Land is extensively cropped and about 70% of the area is under maize cultivation both for commercial use and subsistence. 30% of the district land is on cashcrops mainly sugarcanein Lurambi, Kabras and Navakholo division. Tea is grown on small scale in Shinyalu and Navakholo division. Livestock rearing is another dominant land use in the district. Small scale farming is undertaken by subsistence farmers whose farm sizes are below 20 acres. Family used labour is 60% and 40% is hired. The urban area takes up only 186.18% of the total area. The major town is Kakamega followed by market centre like Malava, Khayega, Shinyalu, and Lubao among others and various small market centers scattered over the district. The land tenure system in the district is mainly freehold. There are pockets of trust land under the country council and municipal council. However the freehold land is continuously being sub-divided into small uneconomic units by families as sons seek ownership rights and some extent through sale to immigrants in the district.
Page 75
5.4.7 Social Services and Community Facilities
Due to population pressure in the town, social amenities and sanitary facilities have been stretched beyond their capacity. Slums settlements in Kakamega town are in Maraba, Masinga. Service and scheme setted public commentary area (Makaburini) lack sanitary facility and have poor infrastructure.
5.4.8 Existing infrastructure Facilities
5.4.8.1 Roads Most of the centers are well served with roads and other infrastructures necessary for industrialization. 5.4.8.2 Water Supply Access to water resources in the district is averagely 500m away and access to safe drinking water is 60% thus out of the total population only 436.718 people are accessible to safe drinking/ potable water. Water harvesting from rainfall is now being practiced in schools and the actual population doing the rain harvesting is about 2% of the population.
5.4.9 Flora and Fauna Kakamega forest has about 385 species of plants, including Elgon teak, red and white stink woods, varieties of Croton, Aniageria Altisima and several types of orchids. The forest is host to a number of lizards, amphibians and reptiles and true to the forests continental origins, the snakes of Kakamega are mainly from West Africa, the Forest Cobra, Jamesons Mamba, Bush Viper, Gaboon Viper and Rhinoceros Viper. There is a wide variety of unique birdlife observed in the park which has about 350 species of birds, including snake-eating birds, Black and White Casqued Hornbills, Turacos, Pygmy Kingfisher, Jamesons Wattle-eye, Yellow-crested Woodpecker, Red-breasted Owlet, Martial Eagle, Crowned Eagle, Bateleur and many more. It is probable, that at least forty five of the species on the Kenya list of birds are to be found only in the Kakamega and also there are many other endemic species in Kakamega forest. It is the last Kenya National Highways Authority. Page 76
refuge in Kenya of the Grey Parrot (Psittacus erithacus erithacus) which is present in very low numbers and is close to being extirpated (locally extinct). In ancient times there were elephants roaming the forest and still the Bais (an open area surrounded by forest) evidences this. Butterflies species suc as Regal Swallowtail (one of the largest), Black tipped Diadem (by many regarded as one of the most beautiful butterflies of the forest), Mocker Swallow-tail, Large Bluespangled Forest Charaxes and the Forest Mother of Pearl to name a few. A wide range of mammals are also found in the forest and includes giant forest squirrel, scalytailed flying squirrel, hammer-headed fruit bats, bushpig, gray duiker, civet, sunni and clawless otter. There are many nocturnal animals too like the ground pangolin, the potto, hedgehog, aardwark, brush-tailed porcupine and leopards are also to be found in Kakamega forest though rarely seen (the last confirmed report was at Buyangu in 1991). Finally there are rare primates like the black and white Colobus, De Brazza Monkeys, Blue Monkey, Sykes Monkey, white-nosed Monkey, Red-tailed Monkey and olive baboon. Plans about setting out Chimpanzees in Kakamega forest have recently been discussed.
Page 77
CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS 6.1 Introduction This chapter outlines the potential negative and positive impacts that will be associated with the development of the proposed project. The impacts will be related to activities carried out during construction, operational, maintenance, commissioning and decommissioning phases of the project including activities carried out at the labour camps, contractors yard and other project development components. The impacts of the project during each of its life cycles stages can be categorized into: impacts on the biophysical environment; health and safety impacts; and socio-economic impacts. For ease of reference, the impacts due to or affecting certain elements during maintenance works and operation are presented in a narrative form and summarized in a tabular form at the end of the chapter. Mitigation measures for the various impacts are described in Chapter 7, while management and monitoring of impacts are dealt with in Chapter 8. In general, environmental issues likely to be of concern during the construction phase of the project road include: Air pollution due to noise, vibration and dustevolution ; Ecological damage from the clearance of areas for maintenance camps, and storage of materials (fuel, lubricants and machinery); Material sourcing and supply for the construction and maintenance works; and Social disturbance caused by the construction team and maintenance team in futures.
These impacts shall have a positive or negative bearing and can bedirect or indirect. The magnitude of each impact is described in terms of being significant, minor or negligible temporary or permanent, long term or short term specific localised) or widespread, reversible or irreversible. These qualities are indicated in the assessment table below as follows:
Page 78
Symbol Type of impact ++ -0 sp R sh T Y Major positive impact Major negative impact Negligible /zero impact Specific/localized Reversible Short term Temporary Mitigation possible of negative enhancement of positive ones is
Symbol + nc W Ir L P impact/ N
Type of impact Major positive impact Major negative impact No change Wide spread Irreversible Long term Permanent Mitigation of negative impact/ enhancement of positive ones is not possible
Table 6.1: Environmental Impact Levels and Mitigations. Generally, temporary impacts having no obvious long-term consequences and are regarded as being minor. But those with long-term repercussions are classified as significant. Significant positive impacts are usually associated with improved access, which forms the prime objective of the road project.
6.2 Analysis of Anticipated Impacts Negative Environmental Impacts of Construction Activities 6.2.1 Extraction and Use of Materials
Road construction materials such as hard core, ballast, rough stone, gravel and water will be required for the construction activities and will be obtained from quarries, rivers and land. Since substantial quantities of these materials will be required for construction of the road, the availability and sustainability of such resources at the extraction sites will be negatively affected, as they are not renewable in the short term. In addition, the sites from which the materials will be extracted may be significantly affected in several ways including landscape changes, displacement of people, intrution into settlement, animals and vegetation, poor visual quality and opening of depressions on the surface leading to destruction of agricultural crops, several human and animal health impacts.
Page 79
6.2.2
Dust Emissions
During construction, the project will generate substantial quantities of dust at the construction site, diversions, material site and its surrounding. The sources of dust emissions will include excavation, construction, leveling works, and to a small extent, transport vehicles delivering materials. Emission of large quantities of dust may lead to significant impacts on construction workers and the local residents, which will be accentuated during dry weather conditions. 6.2.3 Exhaust Emissions
The trucks used to transport various building materials from their sources to the project site will contribute to increases in emissions of CO2, NO2 and fine particulates along the way as a result of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of materials are required, some of which shall be sourced outside the districts, emissions released can be enormous and may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are sourced and at the construction site as a result of frequent gunning of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas. 6.2.4 Noise and Vibration
The construction works, delivery of materials by heavy tucks and the use of machinery/equipment including bulldozers, generators, grinders, mixers, compactors and crushers, drills will contribute high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the residents, passers-by, domestic animals, wildlife and other persons within the vicinity of the project site. 6.2.5 Risks of Accidents and Injuries to Workers
Because of the intensive engineering and construction activities including grinding and cutting, masonry work, among others, construction workers will be exposed to risks of accidents and injuries. Such injuries can result from accidental falls from high elevations, injuries from hand
Page 80
tools and construction equipment cuts from sharp edges of metal sheets, failure and collapse of machines, Injuries and/or fatal death can also occur due to attacks by wild animals or bandits. Open ditches, unfinished works and improper storage of materials can lead to accidents to both the public and workers. 6.2.6 Clearance of Vegetation
There will be little realignment of the project road thus minimum vegetation clearance. Some section requiring deviation will require clearance of bushes which will lead to disruption of animals ecosystems, death of animals among others. 6.2.7 Increased Soil Erosion
The area has been exposed to massive erosion and structures need to be developed to reduce soil erosion during road construction. Soil erosion leads to sediments loading and silting water sources, reduction in river/stream flows upon abstraction or siltation, expose aquatic life to risks and depleted oxygen levels, affects wildlife watering location, destruction of river banks and basin 6.2.8 Waste Generation
Large quantities of solid waste will be generated at the site during construction of the road and related infrastructure. Such waste will consist of excavated materials, vegetation, metal drums, rejected materials, surplus materials, surplus spoils, paper bags, empty cartons, waste oil, and waste bitumen, among others. Such solid waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. This may be accentuated by the fact that some of the waste materials contain hazardous substances such as waste oil, solvents, while some of the waste materials including metal cuttings and plastic containers are not biodegradable and can have long-term and cumulative effects on the environment. Stored materials shall also generate waste in form of oil spills form storage tanks, filling platforms and transfer tanks
Page 81
6.2.9
Energy Consumption
The project will consume fossil fuels (mainly diesel) to run transport vehicles, generators and construction machinery. Fuel such as firewood would be required in large quantities. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability. 6.2.10 Contamination of environment Contamination of soil, water and air might take place during the road construction process. Soil contamination can occur through aerial deposition and spills of road related pollutants; asphalt residual, erosion by wind and storm water this will lead to silting and development of gulley and depressions. Air quality will be reduced due to generation of dust, hydrocarbon emissions nitrogen oxide, sulphur oxide and particulate matter from machineries. Noise generation from machinery, equipment and increased traffic will also lead to disturbance of community members, scare domestic and wild animals. Water will be contaminated due to siltation of water pans, rivers; deposit of construction residual materials (asphalt, cement, oil, hydrocarbons, spoils etc). The hydrological patterns will also be affected with increased flows from collection drains and surface run off from the roads. The water quality is also likely to change in terms of turbidity, hydrocarbon levels, silt, suspended solids, organic matter etc. Hydrocarbons levels at water sources shall increase due to spillage and deposit of oil residue from pumping machines and water transportation tankers this will lead to damage of river banks and basin near points of abstraction, transfer of hazardous material into aquatic and human systems leading to health risk 6.2.11 Increased demand of sanitary facilities Construction workers will require sanitary facilities while working in the field and other withdrawn areas leading to pollution of the environment.
Page 82
6.2.12 Repairs and maintenance of vehicles and machinery A project of such magnitude will have a number of heavy machinery, vehicles and equipments which will require repairs and maintenance including washing. This will lead to spillage of oil during changing and repairs, generation of waste like engine filters, grease, scrap materials, pollution of rivers among others. 6.2.13 Water Use The construction activities will require large quantities of water that is not easily available in the area. Excessive water use may negatively impact on the water source and its sustainability. 6.2.14 Interference with business and daily activites during demolition Demolition of structures on the road reserve will lead to interference with business activities and basic earning. Most of these businesses acquire loans from relatives and micro finance, banks operating in the country to stock merchandise. 6.2.15 Interference with with Wildlife Despite the fact that the larger part of the Kakamega forest is located 7.5km from the road reserve a section stretching to 2km is found adjacent to the road reserve which is also used as a wildlife corridor with the monkeys, antelops and other small mammals living in the forest. It has been noted that there is high vehicle-animal collisions at the 2km stretch. It is also anticipated that other project activites such as sourcing for materials might lead to venturing in the forest reseves or it periphery thus interfering with the animals. 6.3 Positive Environmental Impacts of Construction Activities 6.3.1 Increased Security in the area
Since security will be beefed up during construction this will reduce the number of invasion by bandits in the area 6.3.2 Creation of Employment Opportunities
Page 83
Several employment opportunities will be created for road construction workers during the construction phase of the project. This will be a significant impact since unemployment is currently quite high in the area and country at large. 6.3.3 Provision of Market for Supply of Materials
The project will require supply of large quantities of materials most, of which will be sourced locally in and the surrounding areas. This provides ready market for material suppliers such as quarrying companies, hardware shops, car spares and local individuals with such materials. 6.3.4 Reduce costs of Road Maintenance
Use of gravel to rehabilitate the project road is considered very expensive due to rate of wear of the materials used due to wind, usage, rain among other factors 6.3.5 Improved Drainage and Road Safety
If the road is designed and constructed to required standards, the drainage and road safety issues being faced by community shall considerably reduce. Rehabilitation of material sites will increase available land for other uses and also reduce negative impacts being experienced due to abandoned sites. 6.3.6 Increased Business Opportunities
The road will improve the Social and Economic status of the area by opening up the area to the outside market for export and import of available goods and services. The project will also lead to spurring economic and social development by providing vital links between centers of production and markets for agricultural products, tourism, and enhance peoples access to employment, and a wide range of social services including health, education, recreation and others. Other benefits to the community shall include: employment and income opportunities, improved delivery of goods and services, efficient public transport, easy assess to the area and its conservancies for economic growth through tourism. By opening up markets, the road shall precipitate increased production of agriculture fish farming. The road shall open the area to Kenya National Highways Authority. Page 84
scenic areas which can also be used for film shooting which will in turn attract tourists, bird watchers, nature trails operated by community groups. This will also facilitate alleviate poverty, increase food supply and security. The development shall enhance equity and balance by facilitating the flow of goods and services from the surplus zones to deficit ones and thereby enhancing equitable distribution which will in effect reduce, stabilize and level the prices of goods and services. The large number of project staff required will provide ready market for various goods and services, leading to several business opportunities for small-scale traders such as food vendors around the construction site. 6.4 Negative Environmental Impacts of Operational and Maintenance Activities 6.4.1 Immigration of workers
The project road will attract large number of immigrants to the community which might affect the social and cultural status of the area in terms of use of drugs, illicit brewing, increased or mushrooming of drinking dens and bars, increased in unwanted pregnancies, diseases, molestation of young boys and girls, early marriages, family disputes and conflicts Incoming immigrants will also take up jobs that would have otherwise been given to the local community members. Increased population shall also exert pressure on exiting resources including water, firewood, building materials, food sources among others. Enhanced social interaction with the construction employees, most of whom are likely to come form other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections. 6.4.2 Solid Waste Generation
The camp sites will be a source of enormous amounts of solid waste during its operation phase. The bulk of the solid waste generated during the operation of the camp will consist of paper, plastic, glass, metal, textile and organic wastes. Such wastes can be injurious to the environment Kenya National Highways Authority. Page 85
through blockage of drainage systems, choking of water bodies and negative impacts on animal health. Some of these waste materials especially the plastic/polythene are not biodegradable may cause long-term injurious effects to the environment. Even the biodegradable ones such as organic wastes may be injurious to the environment because as they decompose, they produce methane gas, a powerful greenhouse gas known to contribute to global warming. 6.4.3 Increased Storm Water Flow
The camp roofs and pavements shall increases volume and velocity of storm water or run-off flowing across the area covered by the buildings or tents at the contractors yard or labour camps 6.4.4 Increased Demand for Sanitation
The camp site will require sanitary facilities for the labourer living their. Most of the project area has no water borne sanitation and accompanying sewerage system and need of developing an integrated sewer network with septic tank or effluent collection and management system will be required. 6.4.5 Energy Consumption
During operation, the occupants of buildings/camps and their daily activities will use considerable amounts of energy mainly for running electrical gadgets, machines, lighting, cooking, running of air conditioning equipment, running of refrigeration systems, pumping water into reservoirs among other activities. Since electricity generation involves utilization of natural resources, excessive electricity consumption will strain the resources and negatively impact on their sustainability. Since most of the project area is not adequately served with electricity and due to high costs of fossil fuels other sources of fuel like biomass e.g wood, bagasse might be exploited including rrenewable energy solar.
Page 86
6.4.6
Water Use
The activities carried out during the operation phase of the project shall involve the use of large quantities of water. 6.4.7 Increased informal settlement
The labour camps will attract people seeking secondary employment as domestic workers and small scale traders. These will turm increase development of informal settlement which will in turn stimulate insecurity, poor sanitation, and contamination of water, soil, and natural environment 6.4.8 Increased pressure in the area
The road will ease movement in the area which shall expose the conservation areas to natural resources exploitation, poaching and banditry. Increased visitation and tourism will lead to increased desire of land by local people and visitors. The road may set precedence for cultural diffusion and imbalance thereby weakening the society social-fabric and interrelationship The road shall also affect political scene negatively where those involved to gain mileage and/to to check competitors. The road will shock the local economy by transforming it from subsistence market economy whose control may raise unwarranted competition and clashes among local and foreign entrepreneurs. 6.4.9 Increased accidents and death of animals
If appropriate speed regulating devices and signage are not used along the road, road ethics and adherence not enforced, increased accidents will be witnessed within the area which shall also affect the wildlife and domestic animals roaming the area. 6.4.10 Interference with Traffic Flow If road maintenance activities are not well planned and organized it will interfere with traffic flow leading to accidents and other negative impacts related to road development. Kenya National Highways Authority. Page 87
6.5 Positive Environmental Impacts of Operational Activities 6.5.1 Provision of markets to local goods
The workers living at the camps will provide business to the local traders; provide employment domestic related activities, management agents, caretakers, cleaners, security personnel and technicians. 6.5.2 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authority, the project, traders and businessmen will contribute towards the national and local revenue earnings. 6.5.3 Reduction in poverty
Poverty shall be reduced through improved economic performance 6.5.4 Improved Security
Security will be ensured during the road construction and thus improve the overall security of the area. 6.6 Negative Environmental Impacts of Decommissioning Activities 6.6.1 Solid Waste
Demolition of the project including the road, camps, equipments and fixtures at contractors yard and related infrastructure will result in large quantities of solid waste. The waste will contain the materials used in construction including concrete, metal, cement, bitumen, oil, sealants and fasteners. Although demolition waste is generally considered as less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. In addition, even Kenya National Highways Authority. Page 88
the generally non-toxic chemicals such as chloride, sodium, sulphate and ammonia, which may be released as a result of leaching of demolition waste, are known to lead to degradation of groundwater quality. 6.6.2 Dust
Large quantities of dust will be generated during demolition works. This will affect demolition staff as well as the neighboring residents. 6.6.3 Interference with road users
Decommissioning will interfere with road users and even lead to destruction of natural ecosystem due to diversion and off the road drives. 6.6.4 Noise and Vibration
The demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas 6.6.5 Increased waste water
Demolition of supply lines will lead to increased waste water and interference with other community members. 6.7 Positive Environmental Impacts of Decommissioning Activities 6.7.1 Rehabilitation
Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil and revegetation that will lead to improved environmental status including visual quality of the area.
Page 89
6.7.2
Employment Opportunities
Several employment opportunities will be created for demolition staff. Table 6.7.2: Level of anticipated Environmental Impacts during proposed the development
Causes of Impacts Construction Work Mitigation Maintenance Work Mitigation Operation Mitigation The existing road has already altered the hydrology of the areas because runoff is Changes hydrology drainage in -Ir P Y -Ir T Y + channeled through culverts and roadside drains. The flow of runoff will be altered temporary during the construction works process due to blocked drains and culverts. Provision of culverts in certain areas has been proposed in the design. A review of the design and positioning of existing culverts will be made to ensure no future blockage by siltation and plant overgrowth that will impede water flow. As a result drainage will be improved for all the selected project access roads. Soil erosion -R Y -L sp Y Y Construction and maintenance works (Gravelling and creation of gravel pits); and deviations will have an impact on soil erosion. Incorporating appropriate soil conservation measures and proper drainage facilities during maintenance works would mitigate During impacts during operation. operation, maintenance of Remarks
structures would also prevent soil erosion. During construction and maintenance Pollution air -sh Y --Ir T --Ir T Y --Ir T Y works, there will be air dust and noise pollution, but this will be temporary in
Page 90
dust nosie oil wastes sediment loads
--Ir T --Ir T
Y Y Y
--Ir T --Ir T --Ir L
Y Y Y
nature. The dust raised during construction and maintenance works hinders pollination in plants and causes respiratory problems. During operation, air, noise, dust and oil waste pollution will affect market centres, settlements/households along the road. Pollution due to sediment loads (apart from soil) will not be a problem during operation.
Mitigation consideration contractors enforcement.
is on and
possible the part motorists,
through of or the legal
Loss of crops
-P
-sp P
-sp
Any crops on the road reserve will be cleared during construction and roads maintenance works.
Materials sites
-R
-R P
--R P
Negative impacts such as soil erosion loss of crop productivity, hazards to children and livestock, water accumulating in the pits providing breeding ground for mosquitoes and other water based pests may result from pits and quarries. Quarries will be backfilled/ Fenced and redeveloped into safe grounds.
Wetlands -Ir P Y -Ir T Y -sp W Y
The study showed that a number of wetlands of significance value (Mbale) will be affected by the proposed road upgrading project and during the operation of the road.
Forests
-L
-L
-sp P
The
study
has road
established
that
the and
proposed
construction
Page 91
subsequent maintenance works might have significant effects on vegetation through use of fuel wood, likely routes to material sites etc Water resources P Y -Ir Y -Ir Y The region is has a rich catchment area with numerous rivers and springs which flow year round. There will be adequate water resources to cater for all the communities road Wildlife -sp/P Y -sp Y -sh Y There are a number of wildlife species found within this region in Kakamega forest. There will be disturbances to wildlife during road works. Mitigation measures to be undertaken will include the placement of warning signs and raising awareness among the construction workers and all road users when working near the animal habitats. Vegetation/flora -R Y -P R Y O It is considered that vegetation and construction requirements in most areas of the project
overgrowths into the road will be cleared. The natural vegetation to be cleared is not regarded as having any special conservation significance. However, clearing activities could encourage soil erosion. It is proposed that planting of beautification trees be undertaken along the roads especially near settlements and centres so as to enhance environmental quality Fauna -P sp Y -P ir Y 0 It is considered that bush clearing activities may disturb small animals and birds and their homes/nesting sites. It is proposed
Page 92
that any clearing should be done with the utmost consideration for rare animal species. Therefore there should be no uncontrolled clearing activities. Settlements/induced settlements -sp P Ir Y -P Ir Y -P Ir Y During construction and maintenance works there will be temporary disturbance due to noise and dust. These impacts will continue to occur during operation. There could be upsurge in induced settlements along the road on approach to the trade centers and at the major junctions. Chiefs and local councilors should monitor the development of settlements along the road through regulations. Employment opportunities ++T ++T The local people will benefit during from the temporary employment awareness campaigns and enforcement of proper land use planning
construction and maintenance phases. This will boost their micro economies. Workmens camp +T Y +sh Centers along proposed road will
experience boom in business because of the workforce However the presence of the camp is likely to lead to increased demand for water and fuel wood hence straining the local communities. Solid waste disposal and sanitation problems will be an issue. Workmens camp should preferably be located at urban centers where services are available. Public health -W L P Y -P Ir W Y -P W Y Ir During construction, maintenance and operation increased noise and air pollution
Page 93
from exhaust fumes shall impact negatively on public health. Workers on road projects and truck drivers are associated with the spread of sexually transmitted diseases. For mitigation purposes, awareness campaigns in centers and at the workmens camp coupled with better access to health facilities in health centers across the three districts would be sufficient remedy.
Page 94
CHAPTER 7: IMPACTS MITIGATION AND MONITORING 7.1 Introduction
This chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with the activities of the project during its construction, operation and decommissioning phases. Allocation of responsibilities, time frame and estimated costs for implementation of these measures are presented in the environmental management program (EMP) in Chapter 8. 7.2. 7.2.1. Mitigation of Construction Phase Impacts Efficient sourcing and Use of Raw Materials
The proponent will source building materials such as gravel, sand, ballast and hard core at the project locality.Consultation should be held with the community members and their representatives on the best sites to source materials and rehabilitation measures should be agreed. Sites to be selected should have minimum negative impacts on access to water points, breeding, feeding and wild animals paths. It is recommended Environmental Impact Monitoring should be conducted for such activities or consultation with District Environment Officers/Site Environmental Officer be conducted to ensure environmental conservation and rehabilitation after use. The contractor should ensure application of acceptable environmental performance standards and that the negative impacts of their activities at the extraction sites are considerably well mitigated. To reduce the negative impacts on availability and to ensure sustainability of the materials, the proponent should only extract what will be required through accurate budgeting and estimation of actual construction requirements. This shall ensure that materials are not extracted or purchased in excessive quantities. Moreover, the proponent will ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction site is kept minimal, as these would lead to additional demand for and extraction or purchase of the materials.
Page 95
In addition to the above measures, the proponent should consider reuse of excavated materials and use of recycled materials. This will lead to reduction in the amount of raw materials extracted from natural resources as well as reducing impacts at the extraction sites. All exhausted quarries and borrow pits should be isolated, protected and rehabilitated to usable state. 7.2.2. Minimization of Vegetation Disturbance
Clearance of part of the vegetation at the project site to pave way for road construction will take place in some sections requiring realignment or deviation. However, the proponent should ensure proper demarcation of the project area to be affected by the construction works so as to reduce spill over effects to neighbouring areas. In the same vein, there should should be strict control of construction vehicles to ensure that they operate only within the area allocated with access routes and other works; deviation works should be confined close to the road or within reserves to avoid spread of vegetation destruction; avoid encroachment into rivers/streams, flood plains and banks; replace vegetation on the reserve upon completion of construction. 7.2.3. Minimization of Run-off and Soil Erosion
The proponent should put in place measures aimed at minimizing run-off and spillover effects to neighbouring land during rainy season or when wet activities are being conducted on the site. These measures will include clearing the project site of excavated materials or protect excavated sections from storm water, avoid excavation through flood plains or into stream banks, creating proper channels for waste water and solid waste disposal, develop emergency measures and procedures for protection of soils and streams downstream, design adequate culverts to accommodate peak flows; stabilize cut-surfaces with gabions, concrete walls, vegetation etc; identify locations with sub-surface water streams before cutting, direct all surface runoff into existing natural drains and stabilize the drains downstream, culverts and drains to accommodate peak runoff from the catchments, excavations should not encroach onto streams, flood plains, stream banks or springs 7.2.4. Minimization of Construction Waste
It is recommended that construction waste be recycled or reused to ensure that materials that would otherwise be disposed of as waste are diverted for productive uses. In this regard, the Kenya National Highways Authority. Page 96
proponent should be committed to ensuring that construction materials left over at the end of construction is used in the same or other project rather than being disposed of. In addition, damaged or wasted construction materials including gravels, bitumen and waste oil among others will be recovered for use in other projects. Such measures will involve the sale or donation of such recyclable/reusable materials to construction companies, local community groups, institutions and individual residents or homeowners. The proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished construction materials including of those excavated from existing road. Purchasing and using once-used or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. Additional recommendations for minimization of solid waste during construction of the project include:i. Use of durable, long- lasting materials and equipments that will not need to be replaced as often, thereby reducing the amount of construction waste generated over time ii. Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements of weather iii. Purchase of perishable construction materials such as cement incrementally to ensure reduced spoilage of unused materials iv. Use of construction materials that have minimal packaging to avoid the generation of excessive packaging waste v. Use of construction materials containing recycled content when possible and in accordance with accepted standards.
Page 97
7.2.5.
Reduction of Dust Generation and Emission
Dust emission during construction should be minimized through strict enforcement of on site speed controls as well as limiting unnecessary traffic within the project site. In addition, it is recommended that some dust generating activities be carried out in wet weather; and nontarmaced paved traffic routes within and without the project site be dowse with water regularly to reduce amount of dust generated by the construction trucks.The workers should also be provided with nose masks to protect them against dust effects. 7.2.6. Minimization of Exhaust Emissions
This shall be achieved through proper planning of transportation of materials to ensure that vehicle fills are increased within axlae weight limits in order to reduce the number of trips or the number of vehicles on the road. In addition truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas, and to switch off or keep vehicle engines off at these points. It is recommended apart from the management procedures on the impact, cleaner production mechanism and pollution abatement technological devices need to be installed in the road construction equipments and machinery. The devices need to be checked on their efficiency in combustion, capability to use cleaner fuels and installed with emission control devices. Quality control of ambient air should be conducted to ensure conformance with existing standards. 7.2.7. Minimization of Noise and Vibration
Noise and vibration should be minimized in the project site and surrounding areas through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they should be instructed to avoid gunning of vehicle engines or hooting especially when passing through sensitive areas such as churches, residential areas and hospitals. Construction machinery shall be kept in good condition to reduce noise generation. It is recommended that all generators and heavy duty equipment be insulated or placed in enclosures to minimize ambient noise levels, construction activities to be conducted during the day when working near residential areas and animal habitats, excavation to be undertaken with ordinary
Page 98
earth movers any explosive blasting be applied under supervision, ensure good maintenance of vehicles and equipment 7.2.8. Occupational Health and Safety
The proponent should ensure adherence to the occupational health and safety rules and regulations stipulated in Occupational Health and Safety Act (Cap 513). In this regard, the proponent should be committed to provision of security, insurance of both personnel and equipment, train and develop capacity especially for inexperienced labourers/workers or newly purchased equipments, compensate for losses and injuries, provide appropriate personal protective equipment, as well as ensuring a safe and healthy environment for construction workers as outlined in the EMP. Other critical practices to ensure and enhance safety are: evaluation of risks, inform community members along project route on project schedule and activities, workers should be trained on health and safety procedures, reflective signage should be installed for safety of road users, keep public away from material sites, area inhabitated by wild animals should be marked and communicated to construction workers, collaborate with KWS for safety aspects within conservation areas and their buffer zones, provide appropriate slip roads in towns and bus stops for enhanced road safety (especially within the settled parts), provide adequate stream crossing to enhance safety. Initiative should be taken to conduct public awareness and sensitization campaign on safety aspects related to the road project. 7.2.9. Reduction of Energy Consumption
Ensure proper planning of transportation of materials this will ensure that, fossil fuels (diesel, petrol) are not consumed in excessive amounts. Complementary to these measures, the proponent should monitor energy use during construction and set targets for reduction of energy use. Alternative sources of energy such as solar, bio-diesel, LPG, LNG which emit less pollution should be considered. Destruction of forest for wood fuel should be avoided and alternatives like bagase (from sugar-cane factories), solar should be used where needed.
Page 99
7.2.10.
Minimization of Water Use and pollution of water causes
The proponent shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. No solid waste, fuels/oil should be discharged into drains and streams. Avoid washing construction equipments and trucks in water resources. 7.2.11. Provision of Sanitary Facilities
The proponent should ensure that sufficient water and portable toilets are provided to construction workers throughout the project period. The disposal site for the effluent should be identified and approved by the Environmental Officer and local authority. 7.2.12. Development of the Garages and Waste Oil Handling facilities
The proponent should develop vehicle and equipment repair section equipped with proper waste oil handling and recovery facilities including water/oil separator, dust bin etc 7.2.13. Rehabilitating and Mending up activates
All material excavated sites should be rehabilitated or put in positive use to benefit the community. The disused quarries can be used as water pans or converted to parks among other function. 7.2.14. Waste Water and Effluent Management
The contractor should develop appropriate measures to ensure all waste water is treated, handled and disposed appropriately to avoid contamination of water bodies (both open and underground), soils and farm lands. Measures like development of garages for repairs, management of waste oil, development of car washing facilities, oil spills management among others should be incorporated in the project.
Page 100
7.2.15.
Minimisation of forest biodiversity disturbance and vehicle-animal collision and
Since the proposed project traverses a protected forest area and an active animal corroidor, costefficient and effective mitigation measures to ensure the protection of the biodiverty within the forest, the animals and ensure traffic safety, is to construct several speed bumps or ramps along the segment of the road (2km) cutting through the forest, post appropriate signage advising travellers that the area is a wildlife corridor, conduct continous monitoring and enforcement of penalties to ensure that construction camps and borrow pits are located far from the forest area, and that water abstraction and disposal of construction waste is not undertaken within the forest area. In addition efforts must be taken to ensure that no fuelwood for the project or associated facilities such as camps are taken from the protected forest area.
7.2.16.
Minimisation of accidents along the road
It was noted that accidents along the project road are high especailly in the busy town areas and the market/tradings centres. It is therefore recommended that all safety components indicated in the design drawings be impelemented and where they are found not to be adequate they should be reveiced by the Resident Engineer and the contractor to ensure they reduce road use related risks. The key design related safety measures to be considered include speed breakers, paths for pedestrians, motorized two wheel transports and non-motirsed two wheel transport. Continuous Monitoring and Consultation The proponent should develop a methodology of continuous monitoring, consultation and record keeping. The methodology should have indicators of change and progress which shall be recorded for future references. The monitoring reports should be circulated to relevant organizations such as NEMA as required by the law.
7.3. 7.3.1.
Mitigation of Operation Phase Impacts Social Impact
Immigration of workers should be controlled through employment of locals. Local capacity building should be conducted to prepare them for challenging assignment. Reduce sizes of Kenya National Highways Authority. Page 101
labour camp by allowing locals to live at their homes if possible. To reduce vices induced by immigrating labourers, avoid setting up camp sites near trading centers as this normally increases incidence of illicit behaviour. Community members should be encouraged to report any ill vices and eye soaring behaviours to the local cultural or community development officers. Sensitize workers on HIV/AIDS and develop Information Education and Communication (IEC) programmes on the projects social impacts including HIV/AIDS and train community members to conduct awareness and training programmes in the project area with the help of the project team. Programmes should include: Provision of counseling and testing for HIV/AIDS to incoming construction personnel; Strengthening of advocacy through awareness training in HIV/AIDS and other STDs; including encouraging the use of preventive measures like condoms and Avail condom dispensers to construction staff
Conducted consultation to ensure shared resources between construction workers and locals does not lead to conflict. 7.3.2. Ensuring Efficient Solid Waste Management
The proponent will be responsible for efficient management of solid waste generated by the project during its operation. In this regard, the proponent should provide waste handling facilities such as waste bins and skips for temporarily holding of domestic waste generated at the site. In addition, the proponent will ensure that the waste is disposed off regularly and appropriately. It is recommended that the proponent puts in place measures to ensure that the occupants of the labour camps manage their waste efficiently through recycling, reuse and proper disposal procedures. 7.3.3. Minimization of Sewage Release
The proponent should ensure that there are adequate means for handling the large quantities of sewage generated at the labour camp. It will also be important to ensure that sewage pipes are not blocked or damaged since it can lead to release of the effluent to the environment, resulting in land and water contamination. Such blockages or damages should be fixed expeditiously.
Page 102
7.3.4.
Ensure Efficient Energy Consumption
The proponent shall ensure that energy-efficient lighting systems are installed at the camp. This will contribute immensely to energy saving during the operational phase of the project. In addition, occupants of the camps should be sensitized to ensure energy efficiency in their domestic operations. To complement these measures, it will be important to monitor energy use during the occupation of the camps and set targets for efficient energy use. It is recommended that energy conservation facilities like use of photovoltaic solar panels be installed. 7.3.5. Ensure Efficient Water Use
The proponent should install water-conserving automatic taps and toilets flashing systesm. moreover, any water leaks through damaged pipes and faulty taps should be fixed promptly by qualified staff. In addition, the occupants of the camps should be sensitized to use water efficiently. 7.3.6. Environmental Pollution and Contamination
All measures should be put in place to avoid environmental pollution and contamination. Oil spillage management measures should be put in place including use of bio-diesel or manual water pumps at water courses; materials should be covered to avoid pollution caused by elements of weather such as wind, rain etc; enclose asphalt preparation plants and materials transfer facilities, smoking equipments and trucks should be installed with pollution control devices including filters, catalysts etc; control leakages during maintenance, fuelling and cleaning of vehicles and construction equipment; noisy equipments should be installed with silencers or demarcated to facilitate control noise propagation; proper drainage and erosion structures should be developed to reduce effects of erosions; contaminated soils should be stabilized before disposal, control dumping of oil residuals, asphalt, and engine parts; hold top soils from material sites for rehabilitation; stabilize cut sections, fills and quarries. Professional handling of pollution point sources along the route is necessary and decommission of the potential point sources of pollution along the route is also necessary. Quality control of rivers should be conducted at river crossing and downstream; ensure culverts are kept clear at all times and channeled into natural drains, control soil loss from road corridor Kenya National Highways Authority. Page 103
through storm water flows, introduce appropriate vegetation in the project area and compel road users to take responsibility of their own pollutants through collaboration with relevant authorities. 7.3.7. Health and Safety
The local community are not used to having high speed lanes and extra precaution needs to be taken to ensure safety in the area by installing adequate road signage, marked speed breakers at points with high population density, provide clear zebra crossing marks at high population areas, collaborate with other departments on enforcement of road safety regulations and on HIV/AIDS awareness programmes. 7.3.8. Social and Economic Impacts
Establish in-house self audit for the road and install and maintain appropriate road safety furniture for enhanced safety, sensitize residents on road reserve boundaries, initiate a continuous economic evaluation of the road and strengthen social linkages and family kinship. 7.3.9. Road Drainage
Road drainage structures such as culverts, drainage system, bridges, road surface damages, reserve encroachment and flood control structures should be developed simultaneously with the project road and continuous management carried out during maintenance and operation to ensure safety on the road is maintained. During maintenance motorists should be alert on any repair works within adequate distance, give clear information to motorists of any partial or full road blockage during repair works, replace damaged road signage and other safety installations on time, ensure drains and crossing are kept clear to avoid flooding, establish alternative traffic plans at blocked sections of the roads, monitor encroachment to the road reserves, involve riparian landowners in maintenance of adjacent road sections, adopt principle of Road 2000 Initiative.
Page 104
7.4. 7.4.1.
Mitigation of Decommissioning Phase Impacts Efficient Solid Waste Management
Solid waste resulting from demolition or dismantling works will be managed as described in Section 7.2.4. 7.4.2. Reduction of Dust Concentration
High levels of dust concentration resulting from demolition or dismantling works will be minimized as described in Section 7.2.5. 7.4.3. Minimization of Noise and Vibration
Significant impacts on the acoustic environment will be mitigated as described in Section 7.2.7.
Page 105
CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN 8.1 Introduction
The proposed project activities shall have impacts on the biophysical environment, health and safety of its employees and, members of the public, and socio economic well being of the local residents; thus, focus should be on reducing the negative impacts and maximizing the positive impacts associated with the project this activities through a program of continuous management, monitoring and improvement. An Environmental Management/monitoring Plan has been developed to assist the proponent and the project management team in mitigating and managing environmental impacts associated with the life cycle of the project. The EMP has been developed to provide a basis for an Environmental Management System (EMS; ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change through the life of the project and considerable provisions have been made for dynamism and flexibility of the EMP. As such, the EMP will be subject to a regular regime of periodic review. Tables 8.2, 8.3 and 8.4 form the core of this EMP for the construction, operational and decommissioning phases of the road development project. In general, the Tables outline the potential safety, health and environmental risks associated with the project and detail all the necessary mitigation measures, their financial costs, as well as the persons responsible for their implementation and monitoring. The EMP will be used as checklist in future environmental audits. 8.2 Construction and operational Phase EMP The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction and operational phases of the road development project are outlined in table 8.2 below.
Page 106
EIA for the proposed rehabilitation of Kisumu-Kakamega road project
Table 8.2 Environmental monitoring/Management plan for the construction phase Expected Impacts Negative Recommended Mitigation Measures 1. Source construction materials from sites closer to project implementation sections to reduce impacts due to long distance travel 2. Ensure accurate budgeting and estimation of actual construction material requirements to Contractor, ensure that the least amount of material KENHA necessary is ordered. High Demand of Raw material 3. Ensure that damage or loss of materials at the construction site is kept at minimal Contractor, through proper storage 3. Use at least 7% recycled refurbished or salvaged materials to reduce the use of raw materials and divert sites material especially from Contractor, use of KENHA RE, landfills/disposal Throughout construction period KENHA RE, RE, Responsible Party Time Frame Throughout construction period Throughout construction period Throughout construction period Cost (Kshs)
Contractor, KENHA, EO
RE,
20,000 per month
excavated rocks at Kulamawe as base material
Kenya National Highway Authority.
Page 107
Expected Impacts
Negative
Recommended Mitigation Measures 4. Ensure exhaustion of work at one site and its rehabilitated or conversion to positive use before moving to another
Responsible Party
Time Frame Throughout construction period Throughout construction period Throughout construction period
Cost (Kshs)
Contractor, KENHA,
RE,
5. Hold top soils and vegetation matter near Contractor, quarries for backfilling KENHA,
RE,
6. Continuous consultative meetings with Contractor, stakeholders 1. Avoid disturbance of areas not be used for project development; design and implement an Contractor, appropriate landscaping programme to help in KENHA, Vegetation and Animal disturbance construction. 2.Work closely with KWS to avoid disturbing wild animals and exposing them to danger especially around Kakamega Forest 3. minimize cutting down of trees to pave way for the road costruction as much as possible. Kenya National Highway Authority. KENHA, EO
RE,
RE, EO, 2 months Ksh.1 m When conducting
vegetating part of the project area after Landscape specialist
Contractor, KENHA, EO,
RE, without forest
site
activities near the
Page 108
Expected Impacts
Negative
Recommended Mitigation Measures 1. Surface runoff and water should be harvested and stored in open /underground reservoir for reuse. 2. A storm water management plan that minimizes impervious area infiltration by use of recharge areas and use of detention and/or retention with graduated outlet control structure is recommended. 3. Site excavation works to be planned such that a section is completed and rehabilitated before another section begins. 1. Use of an integrated solid waste management system i.e. through a hierarchy of options: 1. Source reduction 2. Recycling 3.Composting and reuse 4. Combustion 5. Sanitary land filling.
Responsible Party
Time Frame
Cost (Kshs)
Contractor, KENHA,
RE,
2 months
10,000 per unit Contractor, KENHA, EO RE, 1 month
Increased storm water, runoff and soil erosion
RE,
Throughout construction period Throughout construction period 200,000 per month 10,000 per unit
Increased generation
solid
waste
RE,
Page 109
Expected Impacts
Negative
Recommended Mitigation Measures 2. Through accurate estimation of the sizes and quantities of materials required, order materials in the sizes and quantities they will be needed, rather than cutting them to size, or having large quantities of residual materials. Maintain inventory of types and quantity of waste generated 3. Ensure that construction materials left over at the end of construction will be used in other projects rather than being disposed of. 3. Ensure that damaged or wasted construction materials will be recovered use in other projects 5. Donate recyclable/reusable or residual materials to local community
Responsible Party
Time Frame
Cost (Kshs)
RE,
One-off
Contractor, KENHA, EO Contractor, KENHA, EO
RE,
One-off
RE,
One-off
10,000
groups, Contractor,
RE,
institutions and individual local residents or KENHA, EO home owners.
One-off
Page 110
Expected Impacts
Negative
Recommended Mitigation Measures 6. Use of durable, long-lasting materials that
Responsible Party
Time Frame Throughout construction period
Cost (Kshs)
will not need to be replaced as often, thereby Contractor, reducing the amount of construction waste KENHA, EO generated over time 7.Provide facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements of weather like wind, rain 8. Purchase of perishable construction materials such as cement should be done Contractor, incrementally to ensure reduced spoilage of KENHA, EO unused materials 9. Use building materials that have minimal or no packaging to avoid the generation of excessive packaging waste 10. Use construction materials containing recycled content when possible and in accordance with accepted standards. Contractor, KENHA, EO Contractor, KENHA, EO Contractor, KENHA, EO
RE,
RE,
One-off
100,000
RE,
Throughout construction period 0
RE,
Throughout construction period Throughout construction period 0 0
RE,
Page 111
Expected Impacts
Negative
Recommended Mitigation Measures 11. Reuse packaging materials such as oil drums, cement bags, empty plastic containers to reduce waste at the site 12. Dispose waste more responsibly by dumping at designated dumping sites or landfills only.
Responsible Party
Time Frame Throughout construction period Throughout construction period Throughout construction period Throughout construction period Throughout
Cost (Kshs)
Contractor, KENHA, EO Contractor, KENHA, EO
RE,
RE,
10,000/month
13. Waste collection bins to be provided at Contractor, designated points on site 14. NEMA registered waste disposal company to be contracted to transport and dispose the solid waste from site 15. Running an educational campaigns KENHA, EO Contractor, KENHA, EO
RE,
RE,
100,000 per month
amongst workers, e.g. through use of posters, Contractor, to encourage reuse or recycling of the solid KENHA, waste Dust emission 1. Ensure strict enforcement of on-site speed Contractor, limit regulations KENHA,
RE, construction period Throughout construction period
RE,
Page 112
Expected Impacts
Negative
Recommended Mitigation Measures 2. Use stone crushers and bitumen mixing
Responsible Party
Cost (Kshs)
machines with wet scrubbers to arrest evolved Contractor, dust and enclose gravel screening sectionto KENHA, reduce dust propagation 3. Avoid excavation works in extremely dry Contractor, weathers 4. Provide milk for workers at the quarries. 5. Sprinkle water on sites and access routes when necessary to reduce dust generation by construction vehicles and activities 6. Provide Personal Protective equipments and clothings e.g. dust masks for those working at Contractor, the quaries and other areas involving dust KENHA, EHS evolution Exhaust emission 1. Vehicle idling time shall be minimized Contractor, KENHA, Contractor, KENHA, KENHA,
RE,
RE,
Throughout construction period
RE,
RE,
RE,
Page 113
Expected Impacts
Negative
Recommended Mitigation Measures
Responsible Party
Time Frame Throughout construction period Throughout construction period
Cost (Kshs)
2. Alternatively fuelled construction equipment Contractor, shall be used only when applicable KENHA,
RE,
3. Install emission control devices in machines Contractor, or purchase machines with such devices 4. Sensitize truck drivers to avoid unnecessary racing of vehicle engines at loading/offloading Contractor, points and parking areas, and to switch off or KENHA, keep vehicle engines at these points 1. Sensitize construction vehicle drivers and machinery operators to switch off engines of vehicles or machinery not being used. Noise and vibration 2. Sensitize construction drivers to avoid gunning of vehicle engines or hooting especially when passing through sensitive areas such as mosques, schools, residential areas and hospitals Contractor, KENHA, Contractor, KENHA, KENHA,
RE,
RE,
RE,
Throughout construction period Throughout construction period
RE,
Page 114
Expected Impacts
Negative
Responsible Party
Time Frame Throughout construction period Throughout construction period Throughout construction period Throughout construction period
Cost (Kshs)
3. Ensure that construction machinery are kept Contractor, in good condition to reduce noise generation 4. Ensure that all generators and heavy duty equipment are insulated or placed in enclosures to minimize ambient noise levels. KENHA, Contractor, KENHA,
RE,
10,000 per month
RE,
1. Ensure electrical equipment, appliances and Contractor, lights are switched off when not being used 2. Install energy saving fluorescent tubes at all lighting points instead of bulbs which consume Increased consumption energy higher electric energy 3. Use of photovoltaic cells to trap solar energy and consider use of other alternative Contractor, energy sourcesliek bagase to reduce energy KENHA, costs 4. Ensure planning of transportation of materials to ensure that fossil fuels (diesel, petrol) are not consumed in excessive amounts Contractor, KENHA, KENHA, Contractor, KENHA,
RE,
RE,
100,000
RE,
Throughout construction period 10,000 per pannel
RE,
Throughout construction period 5,000 per month
Page 115
Expected Impacts
Negative
Responsible Party
Time Frame Throughout construction period Throughout construction period Throughout construction period
Cost (Kshs)
5. Monitor energy use during construction and Contractor, set targets for reduction of energy use. KENHA,
RE,
1. Drill boreholes to get adequate water for Contractor, development 2. Harness rainwater for construction and domestic use to avoid conflicts with communities 15.High Water Demand KENHA, Contractor, KENHA,
RE,
1M per unit
RE,
10,000 per unit
3. Install water conserving taps that turn-off Contractor, automatically when water is not being used KENHA,
RE,
One-off Throughout construction period
10-30 % higher than price of ordinary taps
4. Promote recycling and reuse of water as Contractor, much as possible 5. Install a discharge meter at water outlets to determine and monitor total water usage KENHA, Contractor, KENHA,
RE,
2,000
RE,
One-off
2,000
Page 116
Expected Impacts
Negative
Recommended Mitigation Measures 6. Promptly detect and repair water pipe and tank leaks 7. Sensitize staff to conserve water by avoiding unnecessary toilet flushing etc.
Responsible Party Contractor, KENHA, Contractor, KENHA, Contractor,
Time Frame
Cost (Kshs)
RE, Throughout construction period RE, Throughout construction period RE, Throughout construction period RE, 1,000 1,000 1,000 per month
8. Ensure taps are not running when not in use KENHA, 1. Provide means for handling sewage Contractor, generated by construction workers 2. Conduct regular checks for sewage pipe 16.Generation wastewater of blockages or damages since such vices can lead Contractor, to release of the effluent into the land and KENHA, water bodies 3. Monitor effluent quality regularly to ensure that the stipulated discharge rules standards are not violated and Contractor, KENHA, RE, RE, KENHA,
One-off Throughout construction period Throughout construction period
50,000 per month
5,000/month
2,000/month
Page 117
Expected Impacts
Negative
Recommended Mitigation Measures 4. Ensure no effluent is deposited into the river and other open water bodies within/without the project area 1. Ensure that all plans and equipments to be
Responsible Party
Cost (Kshs)
Contractor, KENHA,
RE,
2,000/month
used are approved by the relevant authority Contractor, and the local Occupational Health and Safety KENHA, Office 2. Registration of the premises under the 17.occupational and safety risks health Factories and Other Places of Work Act Cap 513, Laws of Kenya is mandatory 3. A general register should be kept within the facility as stipulated in Sec 62 (1) of the Factories and Other Places of Work Act. 4. The abstract of the Factories and Other Places of Work Act must be displayed at prominent places within the site Contractor, KENHA, Contractor, KENHA, Contractor, KENHA,
RE,
One-off
5,000
RE,
One-off
5,000
RE,
One-off
1,000
RE,
One-off
2,000
Page 118
Expected Impacts
Negative
Recommended Mitigation Measures 1. Ensure that provisions for reporting incidents, accidents and dangerous occurrences during construction using prescribed forms obtainable from the local Occupational Health and Safety Office (OHSO) are in place. 2. Enforcing adherence to safety procedures
Responsible Party
Time Frame
Cost (Kshs)
Contractor, KENHA,
RE,
Continuous
500/month
and preparing contingency plan for accident Contractor, response in addition safety education and KENHA, 18. Incidents, accidents training shall be emphasized. and occurrences. dangerous 3. Ensure that the vehicles, equipments and premises are insured as per statutory Contractor,
RE,
Continuous
50,000
RE,
requirements (third party and workmans KENHA, compensation) 4.Develop, document and display prominently an appropriate SHE policy for construction works 5. Provisions must be put in place for the formation of a Health and Safety Committee, Contractor, in which the employer and the workers are KENHA, represented Kenya National Highway Authority. RE, Contractor, KENHA, RE,
Annually
7.5%of Vehicle value
One-off
1,000
One-off
5,000
Page 119
Expected Impacts
Negative
Recommended Mitigation Measures 6. Suitable, efficient, clean, well-lit and adequate sanitary conveniences should be provided for construction workers 1. Arrangements must be in place for the medical examination of all
Responsible Party
Time Frame
Cost (Kshs)
Contractor, KENHA,
RE,
One-off
20,000
construction Contractor,
RE,
employees before, during and after termination KENHA, EHSO of employment 2. Ensure that machinery, equipment, personal protective equipment, appliances and hand tools used in construction do comply with the Contractor, 19.Machinery/equipment prescribed safety and health standards and be KENHA, EHSO safety appropriately safeguarded 3. Ensure that equipment and work tasks are adapted to fit workers and their ability including protection against mental strain Contractor, KENHA, EHSO RE, RE, installed maintained and RE,
Continuous
500 per examination
One-off
Continuous
4. All machines and other moving parts of Contractor, equipment must be enclosed or guarded to KENHA, EHSO protect all workers from injury
One-off
Page 120
Expected Impacts
Negative
Responsible Party RE,
Time Frame
Cost (Kshs)
5. Arrangements must be in place to train and Contractor, supervise inexperienced workers regarding KENHA, EHSO construction machinery use and other procedures/operations 6. Equipment such as fire extinguishers must Contractor, be examined by a government authorized KENHA, EHSO person. The equipment may only be used if a certificate of examination has been issued 7. Reports of such examinations must be Contractor, presented in prescribed forms, signed by the KENHA, EHSO examiner and attached to the general register 1.Ensure that materials are stored or stacked in Contractor, such manner as to ensure their stability and KENHA, EHSO 20. Incidents, accidents and occurrences dangerous prevent any fall or collapse 8.Ensure that items are not stored/stacked Contractor, against weak walls and partitions KENHA, EHSO 2. Work and site plan should be placed in areas Contractor, all workers can see. Site plan should show exits KENHA, EHSO to use during disaster
Continuous
5,000 per training
RE, Continuous 2,000 per examination
RE, Continuous RE, Continuous RE, RE, Continuous _ 10,000 2,000 per examination
Continuous
Page 121
Expected Impacts
Negative
Responsible Party RE, RE, RE,
Time Frame One-off One-off
Cost (Kshs) _
3. Securely fence or cover all openings in Contractor, compound dangerous wild animals KENHA, EHSO KENHA, EHSO 4. Post warning signs in area frequented by Contractor, 5. Ensure that construction workers are not Contractor, locked up such that they would not escape in KENHA, EHSO case of an emergency 6. All ladders used in construction works must Contractor, be of good construction and sound material of KENHA, EHSO adequate strength and be properly maintained 7. Design suitable documented emergency Contractor, preparedness and evacuation procedures to be KENHA, EHSO used during any emergency 8. Such procedures must be tested at regular Contractor, intervals KENHA, EHSO 9. Ensure that adequate provisions are in place Contractor, to immediately stop any operations where KENHA, EHSO there in an imminent and serious danger to health and safety and to evacuate workers
Continuous RE, One-off RE, One-off RE, RE, One-off
2,000
Every 3 months 2,000
10,000
Page 122
Expected Impacts
Negative
Time Frame
Cost (Kshs)
10. Ensure that the most current emergency Contractor, telephone numbers posters are prominently KENHA, EHSO and strategically displayed within the construction site 11. Provide measures to deal with emergencies Contractor, and accidents including adequate first aid KENHA, EHSO arrangements 1. Well stocked first aid box which is easily Contractor, available and accessible should be provided KENHA, EHSO within the premises 21.Occupational and safety risks health 2. Provision must be made for persons to be Contractor, trained in first aid, with a certificate issued by a KENHA, EHSO recognized body. 3. Fire fighting equipment such as fire Contractor, extinguishers and hydrant systems should be KENHA, EHSO provided at strategic locations such as stores and construction areas.
One-off
1,000
RE, Continuous RE, One-off RE, One-off RE, One-off 50,000 10,000 5,000 5,000
Page 123
Expected Impacts
Negative
Time Frame
Cost (Kshs)
4. Regular inspection and servicing of the Contractor, equipment must be undertaken by a reputable KENHA, EHSO service provider and records of such inspections maintained 5. Signs such as NO SMOKING must be Contractor, prominently displayed within the construction KENHA, EHSO area especially in parts where inflammable materials are stored 6.Always provide signage indicating works in Contractor, progress and commincate to public on sections KENHA, EHSO to be worked on and on alternative routes 7.There must be adequate provision for Contractor, artificial or natural lighting in all parts the KENHA, EHSO premises in which persons are working or passing 8. Circuits must not be overloaded Contractor, KENHA, EHSO
Every 3 months 5,000
RE, One-off 2,000
RE, One-off RE, One-off _ _
RE, RE,
Continuous
9. Distribution board switches must be clearly Contractor, marked to indicate respective circuits and KENHA, EHSO pumps Kenya National Highway Authority.
One-off
Page 124
Expected Impacts
Negative
Responsible Party RE, RE, RE, RE,
Time Frame Continuous One-off One-off
Cost (Kshs) _ _ _
10. There should be no live exposed Contractor, connections of ignition should be flame proof 12. All electrical equipment must be earthed KENHA, EHSO KENHA, EHSO Contractor, KENHA, EHSO 11. Electrical fittings near all potential sources Contractor,
13. Develop a suitable system for the safe Contractor, collection, recycling and disposal of chemical KENHA, EHSO wastes, obsolete chemicals and empty chemical containers to avoid their reuse for other purposes and to eliminate or minimize the risks to safety, health and environment
One-off
10,000
Page 125
Expected Impacts
Negative
Time Frame
Cost (Kshs)
14. Ensure that all chemicals used in Contractor, construction are appropriately labeled or KENHA, EHSO marked and that material safety data sheets containing essential information regarding their identity, suppliers classification of
One-off
hazards, safety precautions and emergency procedures are provided and are made available to employees and their RE, Continuous RE, _ representatives 15. Keep a record of all hazardous chemicals Contractor, used at the construction site, cross-referenced KENHA, EHSO to the appropriate chemical safety data sheets 16. There should be no eating or drinking in Contractor, areas where chemicals are stored or used 17. Provide workers in areas with elevated noise and vibration levels, with suitable ear protection equipment such as ear muffs KENHA, EHSO Contractor, KENHA, EHSO RE, Continuous _
One-off
5,000
Page 126
Expected Impacts
Negative
Time Frame
Cost (Kshs)
18. Ensure that construction workers are Contractor, provided with an adequate supply of KENHA, EHSO wholesome drinking water which should be maintained at suitable and accessible points. 19.Ensure that conveniently accessible, clean, Contractor, orderly, adequate and suitable washing facilities KENHA, EHSO are provided and maintained in within the camp site 1. Provision for repairing and maintaining of Contractor, hand tools must be in place and safety risks shape for easy and safe use KENHA, EHSO 22. Occupational health 2. Hand tools must be of appropriate size and Contractor, KENHA, EHSO 3. Height of equipment, controls or work Contractor, surfaces should be positioned to reduce KENHA, EHSO bending posture for standing workers Ensure the general safety and security at all 23. Safety and security times by providing day and night security Contractor, guards and adequate lighting within and KENHA, SO around the construction site.
One-off
5,000/month
RE, One-off 5,000
RE, RE, RE,
One-off One-off
5,000 _
One-off
RE,
Continuous
30,000/month
Page 127
1.A designated garage section of the site fitted with oil trapping equipments to be planned for Contractor, oil changes. Such a area will be well protected KENHA, EO 24. Oil Spills from contaminating the soil 2Spilling of oil or activities leading to spillage/discharge of oil to water bodies should be avoided Construction workers should be given breaks 25. Increased Food to go for lunch Contractor, KENHA, Contractor, Onsite canteen to supply food 26. Mushrooming KENHA, Catering Manager of Control of informal activities along the project Local Administration; site 1. Hazardous substance control and emergency 27. Water Degradation Hydrology and Quality response plan that will include preparations for quick and safe clean up of accidental spills. Local Authority Contractor, KENHA, EO RE, Informal Settlement Continuous 0 Catering Manager RE, EHSO Continuous RE, EHSO Continuous 300,000 RE, Continuous 300,000
Supply/demand
Continuous 100,000
2. Hazardous-materials handling procedures to Contractor, reduce the potential for a spill during KENHA, EO construction to be prescribed
RE, Continuous
Page 128
3. Identify areas where refueling and vehicle Contractor, maintenance activities and storage of KENHA, EO hazardous materials, if any, will be permitted 4. Waste water/run off collected during Contractor, construction should be contained and disposed KENHA, EO of in accordance with all applicable regulations 1.Complete refuse collection and handling Contractor, 28. Vector Borne and Water Borne Disease Incidence service to be provided KENHA, EO 2.Manage and seal off disused quarries, avoid Contractor, leaving open trenches, stalled construction KENHA, EO activites/areas should be left as clear as possible 1.Shall be mitigated by occupational health and Contractor, safety standards enforcement 29. Possible Exposure of Workers including dieases HIV/AIDs to Diseases infectious such as KENHA, EO 2. Collaborate with other players in community Contractor, training and sensitization on disease control KENHA, EO during construction 3. Provide counseling and testing for HIV/AIDS to incoming construction personnel Contractor, MOH,CBO
RE, Continuous
RE, Continuous
RE, Continuous RE, Continuous
100,000
RE, Continuous RE, Continuous
RE, Continuous
200,000 biannually
KENHA, EO, NGO,
Page 129
Contractor, RE, 4. Strengthen advocacy through awareness training in HIV/AIDS and other STDs; KENHA, EO, NGO, encourage the use of preventive measures like MOH,CBO condoms Contractor, MOH,CBO 1. Coordinate with other planning goals and Contractor, 30. Increased Pressure on Infrastructure objectives for region 2. Upgrade/rehabilitate existing infrastructure and services, used for project activities. KENHA, EO Architect, Manager, Project Continuous Contactor Officer, Continuous Project Continuous 30,000/day Continuous Continuous Page 130 20,000 per month RE, Continuous RE,
5. Avail condom dispensers to construction staff
KENHA, EO, NGO,
and the Developer
1. Coordinate with administration to appoint Security security personnel operating 24 hours where Resident needed 31 .Insecurity weapons on site, and leaving site to ensure nothing is stolen.
Manager & Police
2. Body-search the workers to avoid getting Security Officer
3. Ensure only authorized personnel get to the Security Officer site 4. Security alarms should be installed Kenya National Highway Authority. Security Officer
5. Provide emergency numbers to workers and Security Officer post then strategically in work area 6. Ensure only authorized personnel get to the Security Officer site 7. Security alarms will be installed in vehicles Security Officer and other appropriate devices or areas 1. Install pollution control devices Contractor, KENHA, EO Contractor
Continuous Continuous Continuous RE, Continuous & Continuous As per project BOQ & Continuous
20,000
2. All unnecessary traffic must be strictly The 33. Air Pollution enforced 3. Ensure that settlement site is located away The from such pollution sources
limited on site speed controls are to be Site Safety Officer Contractor
Site Safety Officer As per project design BOQ
34. destruction of natural 1. Ensure all safety design consideration such Contractor, RE, Continuous as speed break strucutures are constructed in habitats/vegetations. KENHA, EO, KWS areas frequented by animals
Page 131
2.
Ensure workers and drivers observes caution while working near animal corridors which should include speed Contractor, control, noise and dust control, avoid KENHA, EO feeding of animals, avoid disposal of pollutants or any form of waste RE, Continuous As per safety budget
3.
Ensure appropriate signage is placed in Contractor, areas inhabitated by animals
RE,
KENHA, EO, KWS
Continuous
As per project design BOQ
4.
Ensure construction camps and borrow pits are not are no located within the forest reserve
Contractor,
RE,
KENHA, EO, KWS
Continuous
5. Ensure that no fuelwood for the project or associated facilities such as camps are taken from the protected forest area
Contractor,
RE,
KENHA, EO, KWS
Continuous
Page 132
6.Conduct continous consultation with KWS before and during the construction phase in order to ensure appropriate mitigation measures are implemented while working at the forest reserve area 1. Ensure Deisng and construction short comings all safety works related and design where Contractor, RE, Continuous As per project design BOQ components are incorporated in the construction shortcomings exisits they should be updated before construction 2. Tracks for the various road users should be designed and constructed to ensure road safety this should include cycle track devoted to motorized two wheel transport alon, non-motorized Contractor, RE, two wheel traffic ( bicycles) which can Continuous be used by the pedestrian as well, to KENHA, EO, KWS limit morbidity and mortality caused by motorbike/scooter accidents. Contractor, RE, Continuous 40,000
KENHA, EO, KWS
KENHA, EO, KWS
Page 133
Due to the magnitude of the project, the Firm 35. Emergence of new environmental phase concern during the construction of experts shall carry out monitoring and evaluation.More so months after an initial environmental Continuous 20,000/day/professional of the audit will also be carried within a period of 12 EO commencement construction project
8.3
Operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase of the proposed road development Project are outlined in table 8.3 below
Page 134
Table 8.3 Environmental management/monitoring Plan for the operational phase of the road development project
Expected Negative Impacts
Recommended Mitigation Measures 1. Use of an integrated solid waste management system i.e. through a hierarchy of options: 1. Source reduction 2. Recycling 3.Composting and reuse 4. Combustion 5. Sanitary land filling.
Responsible Party
Cost (Kshs)
Resident
Project
Manager & Contractor
2. Provide solid waste handling facilities Resident such as rubbish bags and skips 3. Ensure that solid wastes generated at the 1. Solid waste generation camp site and from road are regularly & Resident appropriately disposed of at authorized Manager dumping sites 3. Ensure that occupants of the labour camp through manage their waste efficiently Resident proper Manager Manager
Project
One-off 20,000/month
Project
Continuous
Project
recycling,
reuse
and
Continuous
disposal procedures. 4. Donate redundant but serviceable Resident equipment to charities and institutions Kenya National Highway Authority. Manager Project Continuous 0
Page 135
Recommended Mitigation Measures 5. Private company to be contracted to collect and dispose solid waste on regular intervals
Responsible Party Resident Manager Project Project
Time Frame Continuous
Cost (Kshs) 50,000 month per
1. Provide adequate and safe means of Resident camp 2. Release of sewage into the pipe environment blockages or damages and Engineer
handling sewage generated at the labour Manager & Mechanical One-off 2. Conduct regular inspections for sewage Resident appropriately 3. Ensure regular monitoring of the sewage discharged from the project to ensure that the stipulated sewage/effluent discharge rules and standards are not violated 1. 3.High demand for energy Switch off electrical equipment, Engineer Resident Engineer Resident of the camps Resident Project Project Project Project
10,000 per trip
fix Manager & Mechanical Continuous
500 inspection
per
Manager & Mechanical Continuous
500/parameter
appliances and lights when not being used 2. Install occupation sensing lighting at various locations such as rooms, storage areas which are not in use all the time
Manager & Occupants Continuous
0 25 % higher
Manager & Contractor
One-off
than ordinary lighting
Page 136
Recommended Mitigation Measures 3. Install energy saving fluorescent tubes at
Responsible Party Project
Time Frame
Cost (Kshs) 25 % higher
all lighting points within the compound Resident electric energy 4. Install Photovoltaic Solar Panels to supplement energy source 4. Monitor energy use during the operation of the project and set targets for efficient energy use energy
instead of bulbs which consume higher Manager & Occupants
One-off
than ordinary lighting
Contractor, KENHA, Resident Manager Project Project Project
One-off
10,000/unit
Continuous
2,000/month
5. Sensitize occupants on efficient use Resident Manager Resident and tank leaks Engineer Resident Engineer Resident Engineer
Continuous
500/month
1. Promptly detect and repair of water pipe Manager & Mechanical
Continuous
1,500/month
4. High water demand
2. Occupants to conserve water e.g. by avoiding unnecessary toilet flushing. 3. Ensure taps are not running when not in use
Project 500/month
Manager & Mechanical Continuous Project
Manager & Mechanical Continuous
500/month
Page 137
Recommended Mitigation Measures 4. Install water conserving taps that turnoff automatically when water is not being used
Responsible Party Contractor Project Resident & Manager
Time Frame
Cost (Kshs) 20 % higher
Mechanical Engineer Contractor, Resident &
One-off
than ordinary taps
5. Install a discharge meter at water outlets Project
Manager
to determine and monitor total water usage Mechanical Engineer Resident 6. Create water conservation awareness Engineer Project
One-off
1,000
Manager & Mechanical
Continuous
2,000
Implement all necessary measures to ensure 5.Increased health and safety impacts health and safety of workers and the general Resident public during operation of the office Manager, Places of Work Act Cap 513 1. Ensure the general safety and security at 6.Increased general safety and all times by providing day and night security security impacts guards and adequate lighting within and around the premises. Kenya National Highway Authority. Security Resident Officer, Project Continuous 20,000/month Project Mechanical Continuous 0
project as stipulated in Factories and Other Engineer, & EHSO
Manager & Police
Page 138
1. Coordinate with other planning goals and 7.Increased Infrastructure Pressure on objectives for region 2. Upgrade existing infrastructure and services, if and where feasible. 1. Appoint security personnel operating 24 hours
Architect, Manager, Developer Architect, Manager Developer Security Resident and and
Project Continuous the Project Continuous the Officer, Continuous Project Continuous 3,000 per project Continuous month 20,000/month 20,000
8.Insecurity
Manager & Police
1. Conduct Quality control and use cleaner Contractor, RE 9. Air Pollution fuels 2. Use of bicycles to be encouraged Residents manager Administration; Local Authority
10 Mushrooming of Informal Control of informal activities around the Local Settlement 11. Emergence of new project site Undertake an environmental audit within 12
Continuous
0 20,000/day/co nsultant
environmental concerns
months after operation commences as EIA Experts required by law
Continuous
8.4.
Decommissioning Phase
Page 139
In addition to the mitigation measures provided in Table 8.2 and 8.3 above, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the project have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closure phase of the project are outlined in table 8.4 below .
Page 140
Recommended Mitigation Measures 1. Demolition waste management 1. All machinery, equipment, structures and partitions that shall not be used for other purposes must be removed and recycled/reused as much as possible 2. All foundations must be removed and recycled, reused or disposed of at a licensed disposal site/convert abaondoned structure to be of beneficial use to community and local administration 3. Where recycling/reuse of the machinery, equipment, implements, structures, partitions and other demolition waste is not possible, the materials should taken to a licensed waste disposal site 4. Donate reusable demolition waste to charitable organizations, individuals and institutions 2. Rehabilitation of project site 1. Implement an appropriate re-vegetation program to restore the site to its original status 2. Consider use of indigenous plant species in re-vegetation 3. Trees should be planted at suitable locations so as to interrupt slight lines (screen planting), between the adjacent areas and the development.
Responsible Party Contractor, Proponent Contractor, Proponent Contractor, Proponent Contractor, Proponent Contractor, Proponent Contractor, Proponent Contractor, Proponent
Time Frame
Cost (Kshs)
One-off
One-off
One-off
One-off One-off
_ _
Once-off _
Page 141
Recommended Mitigation Measures 4. Indigenous tree species should be replanted along the road side after the completion of the project.
Responsible Party Contractor, Proponent
Time Frame
Cost (Kshs)
Once-off _
Table 8.4 Environmental Management/Monitoring Plan for the decommissioning phase for the Road Development Project.
Page 142
CHAPTER 9: CAPACITY BUILDING 9.1 Capacity Building and Training
It is recommended that capacity building on Environmental Management and Monitoring be integrated as part of this project. The capacity building programmes for the project should include: Programmes to train the project engineers and proponent in the process of the EIA, to enable them participate fully in the implementation of the EMP; and Programmes to enhance transport management.
There is also need for the management to be trained on the following aspects to enable them run the road project appropriately; Organizational practices; Project management; Public awareness and community education especially on HIV/AIDs and other related social impacts; Financial management Operation and maintenance of road infrastructure. 9.2 Monitoring Guidelines
Continuous observation and assessment is essential for the identification of impacts unforeseen during the E&SIA of the project. To ensure success of the project adequate consultation should be undertaken in the project area with the community members. Monitoring parameters/indicators should be identified and programmes developed for their observation and action. When developing a monitoring programme the following should be taken into consideration : Frequency of monitoring; Required personnel -Monitoring should be conducted by trained personnel; Methods of record keeping; Page 143
Kenya National Highways Authority
Availability of calibrated and maintained equipment; Existence of baseline information; and Data analysis and review
The environmental indicators to be monitored during the project phases namely the construction, operation and decommissioning should include but not limited to those listed in the table below. The monitoring parameters can be revised as the project development proceeds, to enable incorporate and unforeseen indicators.
Table 9.2: List of the Environmental Parameters and their Measurable Indicators Environmental Indicator Safety Parameter to Monitor -Frequency of chemical intoxication, ingestion or inhalation -Number using PPE&C -Number of reported cases to professional medical practitioners -Number of animal attacks -Number of reported Pneumoconiosis and other respiratory realted diseases Socio-Economic Environment -Development Projects -Poverty levels -Number of idle community members -Alcoholism -Public complaints -Number of social conflicts -Trend of infectious diseases for example: HIV/AIDS, STIs -Correlation between project team and local community Air Quality -Noise -Exhaust fumes -Vibration - Dust -Smoke Kenya National Highways Authority Page 144
Occupational Health and - Number of occupational diseases and accidents
Environmental Indicator
Parameter to Monitor -No. of individuals suffering from respiratory diseases along the project line.
Aquatic Alteration
Environment -Water borne disease -Turbidity -Flooding -Waste -Existence of vegetation -Water flows in surface and underground water sources -Complaint from community members
Vegetation Cover Waste Management
-Invasive vegetation -Vegetation rate of growth -Existence of solid waste -Amount of solid waste dumped -Water Quality -Water Borne Diseases -Disease vectors rodents, flies etc -Complaint from community members
Soil Erosion and Drainage
-Gulley formation -Increased sediments -Complaint from community members -Number and status of drains such as metre, pitched, blocked/clogged etc along project road
Quarries and Borrow pits
-Number of material sites before project commencnement -Number of excavated pits due to the project -Number of open pits and those rehabilitated -Workers wearing PPE&C
The list of the environmental parameters and their measurable indicators will guide the proponent access the effective level of the EMP and need to modify it for appropriate action.
Page 145
9.3
Reporting
Constant reporting by the site contractor to the proponent is necessary to ensure the project is executed as planned. The safety officer/environment officer should always be available at the site to report any concerns for urgent mitigation. The officer should also ensure enforcement of Environment, Health and Safety requirements as per the relevant legislation. The contractor should always consult the project manager/engineer to maintain a clear understanding of all the project aspects and their mitigation measures.
9.4
Conclusion and Recommendations
The proposed road project is economically feasible in regard to opening up of the road project area to the rest of the country. It also has the potential to increase business activities to the area, provision of social services to the area and besides that, the road will effectively reduce the travel time between the project area and its key trading partners in other disitrcts. The proposed project has also been seen not to trigger the OP of the development partners and mitigation measures have been proposed in areas of likely/potential impacts. Development of this magnitude has negative environmental and social implications that need to be addressed. While there is a general acceptability of the road by the local community, fear of displacements, interference with water points, increased incidences of accidents, cultural interference, exposure to risks and general safety are among concerns of the local communities. Implications to the ecosystems, particularly the forests are likely to raise the attention of conservationists and stakeholders in biodiversity including KWS. Appropriate mitigation measures, should therefore be integrated in the project implementation to reduce anticipated negative impacts and enhance the positive ones. In conclusion the following are recommended. i. Integrate suitable mitigation measures as outlined in this report in the designs for all sections of the project road for implementation during construction and use of the road. ii. Consult the communities and other stakeholders, particularly property owners, to the extent possible on planning the works, especially where property, inhabitations and other aspects of social interest are concerned,
Page 146
iii.
Collaborate with the Kenya Wildlife Services in regard to wildlife considerations during all the phases of the road so as to develop suitable alternatives and ensure safety from wildlife attacks and also for conservation issues among other concerns,
iv.
Institute effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony. This is particularly important for the settled areas near and within the road.
v.
Implement the environmental management plan throughout the project implementation with assistance of appropriate expert including development and implemention of HIV/AIDS and other communicable diseases program in conjunction with line ministries.
During the preparation of this report for the development of the proposed project it was observed and established that most of the negative impacts on the environment are rated low and short term thus can be abated through the proposed mitigation measures. The positive impacts are highly rated and will benefit all stakeholders and the country at large. The project proponents should aim to prudently implement the Environmental Management Plan.
Page 147
References. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government printer, Nairobi Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government printer, Nairobi Kenya gazette supplement number Environmental Management and Coordination (Emissions Control) Regulations, 2006 Government printer, Nairobi Kenya gazette supplement Environmental Management and Coordination (Water Quality) Regulations, 2006 Kenya gazette supplement Environmental Management and Coordination (Waste Management) Regulations, 2006 Kenya gazette supplement Environmental Management and Coordination (Excessive Noise and Vibration Control) Regulations, 2009 Kenya gazette supplement, Special Issue 51, Legal Notice number 19; Environmental Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management ) Regulations, 2009 Government printer, Nairobi Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi
Kenya gazette supplement Acts Land Planning Act (Cap. 303) government printer, Nairobi Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi Kenya gazette supplement Acts Public Health Act (Cap. 232) government printer, Nairobi Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government printers, Nairobi
Page 148
District Development plan (2003-2008)-Kisumu and Kakamega Disitrcts. Ministry of Planning and National Development. Government printers, Nairobi Ministry of Public Works Design Manual for Roads and Drainage National Atlas of Kenya Survey of Kenya Kenya Soil Survey Ministry of Agriculture Rainfall Frequency Atlas of Kenya Ministry of Water Development TRRL East Africa Flood Model D Fiddes Highway and Urban Hydrology in Tropics LH Watkins and FD Fiddes
Flood Estimation BD Richards. The Worldbank Safeguard Policies Registrar of International Treaties and other Agreements in Environment (UNEP 1999)
Page 149

Lot1 KSM KKM

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lot1 KSM KKM

Uploaded by

Copyright:

Available Formats

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

CHAPTER 2: POLICY, LEGAL AND INSTITUTION FRAMEWORK _____________________ 20

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

2.2. NATIONAL ADMINISTRATIVE FRAMEWORK __________________________________ 31

NATIONAL POLICY FRAMEWORK ______________________________________ 32

INSTITUTIONALISATION ENVIRONMENTAL MANAGEMENT _________________ 41

CHAPTER 3: DESCRIPTION OF THE PROJECT ______________________________________ 43

PROJECT DESCRIPTION _____________________________________________ 48 DESCRIPTION OF THE PROJECTS CONSTRUCTION ACTIVITIES ______________ 50

DESCRIPTION OF THE PROJECTS OPERATIONAL ACTIVITIES _______________ 52

DESCRIPTION OF THE PROJECTS DECOMMISSIONING ACTIVITIES ___________ 53

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

3.7 ANALYSIS OF PROJECT ALTERNATIVES ______________________________________ 54

CHAPTER 4 PUBLIC PARTICIPATION _____________________________________________ 57

5.1 INTRODUCTION ________________________________________________________ 62 5.2 LARGER KISUMU DISTRICT ___________________________________________ 62

5.3. LARGER VIHIGA DISTRICT ___________________________________________ 70

5.4 KAKAMEGA DISTRICT ________________________________________________ 73

CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS _____________________________ 78

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

6.2.13 6.2.14 6.2.15 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6

POSITIVE ENVIRONMENTAL IMPACTS OF CONSTRUCTION ACTIVITIES ________ 83

6.4 NEGATIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL AND MAINTENANCE ACTIVITIES _______________________________________________________________ 85

POSITIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL ACTIVITIES _________ 88

NEGATIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES ____ 88

POSITIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES _____ 89

CHAPTER 7: IMPACTS MITIGATION AND MONITORING ___________________________ 95

INTRODUCTION ____________________________________________________ 95 MITIGATION OF CONSTRUCTION PHASE IMPACTS ________________________ 95

MITIGATION OF OPERATION PHASE IMPACTS ___________________________ 101

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

MITIGATION OF DECOMMISSIONING PHASE IMPACTS ____________________ 105

CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN _____________ 106

8.1 8.2 8.3 8.4. 9.1 9.2 9.3 9.4

CHAPTER 9: CAPACITY BUILDING ________________________________________________ 143

REFERENCES. ___________________________________________________________________ 148

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

LIST OF TABLES FOUND IN THE REPORT

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Table 1 Environmental Management Plan

Soil compaction and erosion Increased river sediments

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Kenya National Highways Authority.

EIA for the proposed rehabilitation of Kisumu-Kakamega road project.

Increase in poaching due to improved transport and number of immigrant workers

Disturbance aquatic and

terrestrial, avian wildlife

PROJECT DESCRIPTION _______________________________ 48 DESCRIPTION OF THE PROJECTS CONSTRUCTION ACTIVITIES 50

5.1 INTRODUCTION ______________ 62 5.2 LARGER KISUMU DISTRICT _ 62

INTRODUCTION ____________________________ 95 MITIGATION OF CONSTRUCTION PHASE IMPACTS 95