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Preliminary Study Report for Grant Aid Project

1. Title of the Cooperation Project and Name of the Project Proponent

1.1 Title of the Cooperation ProjectThe Project for Dualling of Ugong Road from Adams Arcade (Elgeyo Marakawet Road

Roundabout) to the Junction of Ngong Road/Kenyatta Avenue in the Republic of Kenya

2. Categorization and its reason

2.1 Categorization : Category B

2.2 Reason

(1) Several adverse impacts (rating B) are expected due to the project during planning,

construction and operation stage on environmental items such as land acquisition and involuntary

resettlement, fauna, flora and biodiversity, air pollution, water pollution, waste, etc.(2) In the Second Schedule of the Environmental Management and Co-ordination Act, 1999

(EMCA) Projects to undergo EIA are specified for plans of developments and activities for the

project in relation to road development. Thus the proposed project is required to be subject to EIA.

3. Outline of the Location (Maps, Environmental and Social Condition, Problems and so on)

3.1 The Project areas

Ugong Road is located in western area of the City of Nairobi, the capital of Kenya as shown in Map

1. The targeted road section is about 5km long running from Adams Arcade to the Junction of

Ngong Road/Kenyatta Avenue as shown in Map 2.

(1) Social environment

- Administrative units traversed by the road section are 1 Province (Nairobi), 2 Districts (Dagoreti

and Langata), 3 Divisions (Westlands, Dagoreti and Kibera) and 4 Locations (Kilimani, Riruta,

Kenyatta/Golf Course and Langata).

- The population of Nairobi was about 2.14 million at 1999 population census and estimated about

3 million in 2009. Populations corresponding to the administrative units are about 0.73 million for

3 Divisions and about 0.16 million for 4 Locations in 1999.

- Areas around the road are mostly utilized for residential, commercial and institutional facilities

and sports/recreational activities. In the eastern area there are many offices of government and

related organizations, and of business activities as a center of administrative, social and economic

activities in the City of Nairobi and in the whole Kenya. In the western area there are many public

facilities such as schools, hospitals as well as private facilities of commercial activities such as

shopping centers.

(2) Natural environment

- Nairobi area is divided into two physiographic units or landforms. The western portion including

the project area is on high ground (1,700-1,800 meters above the sea level) with rugged topography,

while the eastern side is generally low (1,600 meters above sea level) and flat. The geology is

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dominated by volcanic activity and rocks of the area mainly comprise a succession of lavas and

pyroclatics of Cainozoic age overlaying the folded schist and gneiss of the Precambarian Basement

system.

- The climatic conditions within project area are similar to the City of Nairobi. A semi-humid

climate with a bi-modal rainfall occurring in from March to May and from mid-October tomid-December. The average annual mean rainfall is about 1,080 mm per year. The minimum and

maximum temperature ranges from of 12 to 28 with annual mean of about 19 .

- There are various conservation areas in the Nairobi City Area include two national parks, forest

areas, and city parks. However, areas around targeted Ugong Road section are mainly urban setting

where natural vegetation has been compromised by social and economic development.

(3) Environmental Pollution

- The air pollution along the road is associate with exhaust emissions from vehicles and domestic

emissions, although there is no existing data on air quality. Most of the motorable sections of theroad and its adjoining access roads are bitumen surfaced and hence limited level of dust emissions.

Like most other urban roads, the road section is characterized with constant flow of vehicles

implying vehicular air pollution and noise to receptors along the immediate neighborhood of the

road. This, however, varies with distance from the ROW as well as the nature and volume of traffic

using the road.

4. Legal framework of Environmental and Social Considerations

4-1 Laws and regulations

(1) Environmental Management and Conservation- The Constitution of Kenya

- Environmental Management and Co-ordination Act, 1999 (EMCA)

- Water Act, Wildlife (Conservation and Management) Act, Forests Act, Lakes and Rivers Act,

Public Health Act, Occupational Safety and Health Act, Local Government Act, etc.

(2) Environmental Regulation and Standards

- Environmental Management and Coordination (Water Quality) Regulations, 2006

- Environmental Management and Coordination (Waste Management) Regulations, 2006

- Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control)

Regulations, 2008 (draft)

- Environmental Management and Coordination (Air Quality) Regulations, 2008 (in preparation)

(3) Environmental Impact Assessment


- Environmental (Impact Assessment and Audit) regulations, 2003 (EIAAR)

- Environmental Impact Assessment Guidelines and Administrative Procedures (draft)

(4) Land Tenure and Land Use

- Land Control Act, Government Land Act, Registration of Titles Act, Registered Land Act, Trust

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Land Act, Physical Planning Act, Land Acquisition Act, Wayleaves Act, etc.

-

4-2 Projects subject to EIA

In the Second Schedule of the EMCA Projects to undergo EIA are specified for plans of

developments and activities for 15 sectors. Among them an EIA is required for the project of roadtransport development.

4-3 Procedures and requirements for Environmental Assessmen t

According to the EIAAR, the project proponent should obtain the Environmental Impact

Assessment (EIA) Licence from the National Environment Authority (NEMA) through two steps.

The first step is by applying a Project Report to the NEMA. The second step is by conducting EIA

Study and by submitting an EIA Study Report to the NEMA, if the NEMA is not satisfied with the

result of the Project Report.

EIA studies and reports required under the EMCA shall be conducted or prepared respectively byindividual experts or a firm of experts authorized in that behalf by the NEMA.

The general procedures in both steps are shown in Figure 1.

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(Yes)

(No)

(Disagree)(Agree)

(No)

(Yes) (Agree)

(Disagree

Note1: Basically information discl osure and pub lic partcipation a re required for entrire process. Note2: * Mostly involved o rganizations Note 3: ** In terms of calendar days/months from receiving PR or EIA Study Report

(Within 3months

(Within 45days **

*

* *

* * *

Initial Environmental Audit

Self Environmental Audit

Process of applying and obtaining Environment Approval

* *

*

*

*

* *

*

*

* *

*

* *

*

*

* *

*

*

*

*

To implement the Project Plan

Redesign EIA or P roject Plan

*

*

*

*

*

*

*

Certified EIAExpert

Appeal to Environment Tribunal

EIA Licence

Public Hearing

*

Proponent

NEMA

Lead Agency(Ministryetc.

* *

*

Review & Comment

Review & Comment

To implement the Project Plan

Conduct EIA Study

Submit EIA Study Report to NEMA

Initial Environmental Audit

Self Environmental Audit

Plan of the Project (Activities,Programmes)

Submit PR to NEMA

Full EIA is required

Approval (Environment Licence)

Scoping process (like IEE)

Making "Project Report (PR)"

Decision of Approval (2)

Public Consultation

Decision of Approval (1)

Appeal to Environment Tribunal *

* *

* * *

Figure 1 Procedure of Obtaining EIA Licence

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4-4 Competent Agency

Competent agency to evaluate, review the Project Report and the EIA Study Report and issue EIA

Licence is National Environment Management Authority (NEMA). It was established under the

EMCA as the principal agency of government in all matters of environmental management and a parastatal of the Ministry of Environment and Natural Resources as shown in Figure 2.

Source: Result of an interview and NEMA website.

District Director of Environment

National Environment ManagementAuthority (NEMA)

Ministry of Environment and Natural Resources

Coastal, Marine and Freshwater Sub-department

Provincial Director of Environment

Finance & Administration Department

Planning & Research Department

Environmental Information, Education and Public Participation Department

Compliance & Enforcement Department

Directorate

Figure 2 Organization chart of National Environment Management Authority (NEMA)

4-5 Information Disclosure and Public Participatio n

According to the EIAAR, the public consultation is a pre-requisite to all the projects to provide

different stakeholders with an opportunity to raise their concerns from the project scoping stage to

the approval of EIA Licence. Provision of intense public participation and consultation has been

made mandatory for EIA through public consulting during scoping and public hearing after draft

report preparation. Such participation of the related stakeholders take place through entire period of

preparation and reviewing of both the Project Report and EIA Study Report

5. Outline of relevant Agency and Institution which implement Project, EIA so on.

5.1 Name of the Project Proponent

-The Responsible Agency (Lead Agency)is the Ministry of Roads (MOR).

-The Implementing Agency (Proponent) is Kenya Urban Roads Authority (KURA).

- Organization chart of both agencies are shown in Figure 3 and 4.

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Mechanical &

Transport

Department

AssistantMinisters

RoadsSecretar

y

KanyanInstitute

of Highwa

y &BuildingTechnol

materials

Testing&

researchDepartm

ent

RoadsDepartm

ent

Kenya National

RoadsAuthorit

y

KenyaRuralRoad

Authority

KenyaRoad Board

Administration

Secretar y

Ministers

PermamentSecretary

QualityAssuran

ceDepartm

ent

enyaUrbanRoads

Authority

KURA

Figure 3 Organization Chart of Ministry of Roads (MOR)

HumanResourc

es &Administration

eneraManager

-Planning&

Environment

Road Planning

&Environ

ment

Legal &Corpora

teAffairs

SurveyServices

Board of Directors

Director General

General

Manager -Mainten

ance

General

Manager -

Finance

AuditQualityAssuran

ce

Procurement &Contract

s

FinanceICT

Design&

Construction

Structur

es

AxleLoad

MaintenanceEast

MaintenanceWest

GeneralManager

- Design&

Construction

Figure 4 Organization Chart of Implementation Agency (KURA)

6. Outline of the Project and Analysis of Alternatives

6.1 Outline of the Project

The objective of the proposed project is to meet increasing transportation demand and contribute to

reduction of traffic jam, especially in the west side of City of Nairobi through widening of Ngong

Road in City of Nairobi in the Republic of Kenya.

The scope of the project was originally the widening of existing two-lane two-way Ngong Road to

four-lane two-way from Dagoreti Corner to the Kenyan National Library Services. However, as a

result of discussion with Kenyan side, the scope was finalized the widening of the Ngong Road to

four-lane two-way from Adams Arcade to the Junction on Ngong Road/Kenyatta Avenue as shown

in Figure 2.

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6.2 Analysis of Alternatives

Analysis of alternatives was examined for following three cases.

(1) No action (without project)

The high urban population growth rate in City of Nairobi has created rapid urban spatial growthand associated problems such as inadequate housing, traffic congestion, environmental degradation,

land use conflicts etc. Among them heavy traffic congestion is the most serious problem in view of

hampering economic activities and living conditions, and causing air pollution.

The present transport infrastructure is inadequate to meet the rapidly increasing traffic demand in

the Nairobi Metropolitan Area. An inadequate supply of the road capacity, road structure and traffic

management measures have been causing heavy traffic congestion and traffic accidents.

No action means that any efforts will not be made to reduce heavy traffic congestion and the

present serious problem will be left unsolved.

(2) Project plan by MOR

To reduce traffic congestion of Ugong Road, Ministry of Roads planned independently road

widening project for full stretch of Ugong Road and a part of Langata Road, covering a total of

31km long and including section of this project*.

* Ministry of Roads (2009.8): “Preliminary and Detailed Engineering Design of All Saints Cathedral Junction –

City Mortuary – Dagoreti Corner – Ngong Town (C61/C60) Roads – Karen – Bomas Roads” Volume (by APEC

Consulting Engineers, CAS Consulting Engineers Limited and Consulting Engineering Services (India) Private

Limited)

The project intends to existing two-lane two-way road to widen to six-lane two-way road at a burst

to solve the present traffic congestion through a drastic increase of traffic volume. However,

construction cost is estimated high enough to be beyond the limits of the budget. In addition, the

plan has difficulties even for the same section as this project in terms of environmental and social

considerations as follows:

a) The project plan includes construction of flyovers and underpass which are expected to

cause significant impacts during construction and operation stage.

b) Considerable numbers of plots are likely to be affected by land acquisition to secure ROW

(Right-of-Way) and many encroachments into ROW by business activities and structures

are also expected in numbers and types. These mean that the involuntary resettlement and

generation of PAPs are expected to occur considerably.

(3) The cooperation project

This project plan widening to four-lane two-way road is more feasible in view of the consistency

with the limits of the budget and cope with urgent needs, although improvement of traffic

congestion is expected to less than the project by MOR. However, in terms of environmental and

social considerations, the extent of involuntary resettlement and PAPs are expected to be less than

the project by MOR and impacts on other environment items to be not significant.

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Thus, the project will materialize various beneficial such as reduction of severe congestion,

improvement of accessibility to work places and public service such as schools, hospitals and

consequently stimulation to the local economy and industry.

7. Adverse Environmental and Social Impacts7.1 Activities due to the cooperation project

Expected activities due to the project are shown in Table 1.

Table 1 Activities due to the Projects

Stage Activities due to the Projects

Planning StageLand acquisition and/or involuntary resettlement

Change of plan for use of lands and local resources

Construction

Stage

Extraction and transportation of construction materials from quarries and borrow pits

Engineering works for earthmoving, cutting and filling

Installation of plants, warehouse and worker's campsOperation of construction plants, machines and vehicles

Construction work of road and related facilities and structures

Operation StageOperation of road transportation

Space occupancy of roads and related facilities and structures

7.2 Envisioned adverse environmental and social impacts (Environmental Scoping)

Envisioned adverse environmental and social impacts due to the project are identified, predicted

and evaluated with rating for 31 items of social environment, natural environment and

environmental pollution according to the scoping procedure of JICA Guidelines for Environmentaland Social Considerations, and summarized in Table 2.

Table 2 Result of Environmental Scoping

Environment item *, **Rating

***Description of expected impacts ****

S o c i a l

E n v

i r o n m e n

t

1Involuntary

ResettlementB

P) (1) ROW(Road Reserve) was almost secured for target road section of

Ugong Road. However, land acquisition is expected to secure ROW on

some part of the road section, although necessary spaces are mostly part of

the full plots such as corner boundaries and area for car park and fence. (2)

Encroachment on ROW are found for obstacles such as car park, fence,

vendors and kiosks, small offices, etc., structures such as high voltage

electric lines, signboards and planted trees. However, most of these

obstacles have been utilized after permission by City Council Nairobi,

although some illegal encroachment is expected. (3) Thus involuntary

resettlement is expected to give rise for two types of the Project Affected

Persons (PAPs) (1) land owners by land acquisition and (2) people

having promise and structures and activities on ROW.

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9Cultural property

and heritageC

C) There are many churches which are a kind of cultural property and at

the same time spiritual places to citizens. There are some possibility of

disturbance to go to church due to construction work.

10

Water usage or

Water rights and

Rights of

Common

C

There are little information on water rights, fishery r ight and rights of

common in the area. However, activities such as water intake and fishing

are not operated along the road.

11Public health and

SanitationC

C) O) Air pollution due to increase of traffic volume may cause some

adverse effect to respiratory organ. However, extent of impact is unknown.

12

Infectious

diseases such as

HIV/AIDS

B

It was reported some possibility of infection with HIV/AIDS and venereal

disease at worker's camp in case of other African countries. However,

extent of impact is not known at present stage.

13

Hazards (cyclone,

drought, etc.) and

risk

C

In the late night time, there is found security problem in the project area.

However, no additional risk of disaster and security are not expected,

although there is little information at present.

14 Accidents C

P)Traffic accidents likely to increase due to increase of vehicles for

construction work. O) Improvement of traffic congestion may give raise to

increase in number of vehicles travelling Ugong Road. This may also result

in number of traffic accidents, if proper traffic management measures such

as signaling, grading up traffic manners of both drivers and pedestrians are

not arranged.

N a t u r a l

E n v

i r o n m e n t

15Topography and

GeologyC

The project is only to make dualling the existing two road lanes. Thus no

large-scale topographical and geological alteration are expected. However,

extent of impact is unknown at present stage.

16 Soil erosion C

The project is only to make dualling the existing two road lanes. Thus no

large-scale land cut and land mound are expected. However, extent of

impact is unknown at present stage.

17 Groundwater C

A large scale exploitation of groundwater is not expected. However,

underground facilities such as water pipe and sewer lines likely damaged

due to road construction work. In addition, some possibility of utilizing

underground water in case of lack of city water supply.

18

Hydrological

situation/Drainage

pattern

C

C) Construction of gutters and reconstruction of culverts may result in

some changes in hydrological situation. However, extent of impact is

unknown.

19 Coastal zone DThe Project area is not located in coastal zone.

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20Fauna, Flora and

BiodiversityB

C),O) No rare, endangered or endemic terrestrial plant and animal species

were observed during the site visit. However, planted trees such as

Jakaranda and Eucaliptus species and greens along the road contribute

somewhat amenity of the area and mitigate threat of air pollution and noise.

C) Some impact is expected due to increase in road traffic duringconstruction stage and operation stage.

21 Landscape C

C) Removal and/or relocation of trees and greens on ROW may result

greenery and aesthetics of the projected area. However, extent of impact is

unknown at the present stage.

22 Meteorology D No large-scale topographical alteration are expected.

23 Global Warming D

Generation of greenhouse gases such as CO2 is expected to increase due

to increase of number traffic volume. However. Extent f impact is not

known.

E n v i r o n m e n

t a l P o

l l u t i o n

24 Air pollution B

C) Emission of air pollutants from vehicles and machines for construction

work are expected. O) Improvement of traffic congestion may give rise to

increase in number of vehicles travelling Ugong Road. This may also result

in increase in emission of air pollutants such as SO2, NOx, exhaust

particulates. In addition, poor emission control of many vehicles due to

insufficient maintenance and inspection may accelerate to spew out bad

smell and black smoke along the road.

25 Water pollution B

C) Water pollution due to inflow of soil and sand from construction work

and wastewater from worker' camps is expected somewhat.

26Soil

contaminationB

C) Toxic materials such as asphalt emulsifiers utilized for road construction

may give rise to soil contamination. However, extent of impact is

unknown.

27 Bottom sediment D No reclamation and dredging work is expected.

28 Waste B

C) Generation of soil, sand and construction waste is expected at quarry,

borrow pits, road construction work and worker's camp, etc.

29 Noise and

VibrationB

C) Generation of noise and vibration from construction machines and

vehicles is expected. O) Increase of noise and vibration due to increase in

traffic volume is expected.

30Ground

SubsidenceC

C) No major earth moving or reclamation is expected.

30 Offensive odor C

O) Increase in traffic volume may accelerate to spread over bad smell along

the road due to poor emission control of vehicles. However, extent ofimpact is unknown.

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concerned organizations. conditions and livelihood after implementation.

2

Local economy

such as

employment and

livelihood etc.

D

Survey on present employment

condition and sources of

income/livelihood in the Project area.

1) Promote cooperation with other city

development projects, 2) Give local residents

preference to have a chance to construction

work.

3

Land use and

utilization of local

resources

C

Survey on existing land & resources

use and regulation.

1) Promote an adequate land and water resource

development plan.

4

Social institutions

such as social

infrastructure and

local

decision-making

institutions

C

Survey on community structures,

procedure of decision-making and

opinion leaders in the Project area.

Information disclosure and public participation

should be fully considered for all the

stakeholders from early stage of planning for

obtaining thorough understanding and consensus

of the people and communities.

5

Existing social

infrastructures

and services

D

Survey on present situation and urgent

needs of social infrastructures and

services in the Project area.

Promote cooperation with development plan of

other social infrastructure and services.

6

The poor,

indigenous of

ethnic people

C

1) Survey on living conditions and

water supply needs of vulnerable

social groups such as the poor, women

and children and indigenous ethnic

people like Maasai in the Project area.

If the poor and indigenous of ethnic people are

expected to become PAPs, their rights in relation

to land and resources must be respected and

efforts should be made to obtain the consent of

them with fully considerations to compensate

properly or support to restore the present living

condition.

7

Misdistribution of

benefit and

damage

C

Survey on past experiences and causes

which may give rise to the

misdistribution of benefit and damage

in the communities.

Consultation with stakeholders including PAPs

and community organization, should be planned

from early stage to obtain understanding and

consent among the stakeholders in order to share

equal benefit and damage.

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8Local conflict of

interestsC

Survey on the causes and solutions of

local conflicts of interests in the

Project area.

Consultation with stakeholders including PAPs

and community organization, should be planned

from early stage to obtain understanding and

consent among the stakeholders in order to avoid

or minimize local conflict of interests.

9Cultural property

and heritageC

Inventory survey on cultural, historical

and religious property in the Project

area.

1) Avoid the alignment very close to churches in

the plan, 2)Promote campaign for protection of

cultural property and heritage.

10

Water usage or

Water rights and

Rights of

Common

C

Survey on water rights, fishing rights

and rights of common in the Project

area.

Promote participation of those who have the

rights and making consent in the course of the

stakeholder meeting.

11 Public health and

SanitationC

Survey on public health including

prevalence and cause of diseases, and

sanitary condition in the Project area.

12

Infectious

diseases such as

HIV/AIDS

B

Survey on existing cases and cause of

HIV/AIDS in the Project area.

1) Monitoring cases of HIV/AIDS before and

after the construction phase, 2) Enlightenment

and campaign of prevention and cure of

HIV/AIDS.

13

Hazards (cyclone,

drought, etc.) and

risk

C

Suitable planning and management of road

construction work and traffic management

operation of to prevent and minimize the hazard

and disasters.

14 Accidents C

Collect and analyze accidents data due

to construction work.

Suitable planning and management for road

construction work and for road traffic operation

to prevent and minimize the accidents.

N a t u r a l

E n v i r o n m e n t

15Topography and

GeologyC

1) Survey on the area of unstable

ground conditions, 2) Detailed survey

on ground conditions (stability,

strength, etc.) of sites.

1) Avoid the area of unstable ground conditions,

2) Measures for prevention of landslide at the

construction site

16 Soil erosion C

Survey on the area of susceptible to

soil erosion

1) Avoid the site of susceptible to soil erosion, 2)

Measures for prevention of soil erosion at

construction site.

17 Groundwater C

Detailed survey on groundwater

(capacity, quality, aquifer materials

etc.)

Measures to prevent penetration of polluted

water to underground.

18

Hydrological

situation/Drainage

pattern

C

Detailed survey on hydrological

features of rivers in the area (flow rate,

water level, water quality etc.).

Monitoring water flow and quality of Ugong

river.

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19 Coastal zone D

20Fauna, Flora and

Biodiversity

B

Detailed survey on protected and/or

precious plant and animal species in

the Project area.

1) Formulate environmental management plan

for conservation of natural environment in

accordance with Beautiful and Clean NairobiPlan of the City.

21 Landscape C

Survey on important landscape in the

Project area.

1) Regulation to preserve important landscape,

2) Measure for greening water supply facilities

to harmonize surrounding landscape.

22 Meteorology D

23 Global Warming D

E n v

i r o n m e n t a l

P o l l u

t i o n

24 Air pollution B

1) Inventory survey on major air

pollution sources, 2) Collect data of

complaint about air pollution

(C) Control of emission of air pollutants (dust,

NOx etc.) from construction machines and

vehicles due to construction work. (O) Proper

management for control of vehicle exhaust

emission and establish inspection system of

exhaust gas emission

25 Water pollution B

1) Inventory survey on major water

pollution sources, 2) Survey on water

quality of rivers and streams in both

dry and rainy season.

1) Proper treatment of water pollutants generated

from construction work to comply with water

quality regulation, 2) Water quality monitoring

of rivers.

26Soil

contaminationB

Survey on present situation of soil

contamination in the Project area.

1) Prevent to accumulate of toxic materials in

soil during construction and operation phase. 2)

Monitoring of soil contamination around the

sites of earth moving and construction work

sites.

27 Bottom sediment D

Survey on present situation of bottom

sediment pollution in the Project area .

1) Monitoring of bottom sediment pollution in

rivers.

28 Waste B

1) Survey on present situation and

institutional structures of waste

management system in the Project

area, 2) Establish proper management

system of waste during construction

stage, 3) Estimation of sludge

generation from water treatment plant.

1) Careful planning and management for

construction work to minimize waste generation.

2) Proper treatment and disposal of wastes

generating from construction work.

29 Noise and

VibrationB

1) Inventory survey on source of noise

and vibration, 2) Collect data of

complaint about noise and vibration.

1) Use low-noise and vibration equipment. 2)

Examine construction schedule and avoid

working in night time. 3) Installation of

soundproof walls and buffer zones.

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30Ground

SubsidenceC

Survey on complaint on ground

subsidence in the Project area

Monitoring the occurrence of ground subsidence.

30 Offensive odor C

Survey on complaint on offensive odor

in the Project area.

Proper management for control of vehicle

exhaust emission and establish inspection

system of exhaust gas emission

Note 1*, 2**, 3*** and 4**** are same as those of Table 2.

9. Consultation

9-1 Stakeholder meeting on IEE and involuntary resettlement issue

The meeting was held in the course of Preliminary Study. Participants were peoples of

Implementing Agency (KURA), Council of City Nairobi, Ministry of Lands and environment

expert.

9-2 Items of discussions

(1) Identification of major impacts due to the cooperation project and mitigation measures

Some adverse impacts are expected for environmental items of involuntary resettlement (and/or

land acquisition), air pollution, water pollution, noise and vibration etc. Among them involuntary

resettlement is a matter of main concern. Thus further efforts should be conducted to confirm ROW

to be surely secured and encroachments into ROW for identifying PAPs, and prepare Resettlement

Action Plan by KURA.

(2) EIA Approval by NEMA

It is necessary to follow the progress in EIA approval for the project by MOR at first. Then it is also

necessary to confirm if additional EIA and/or environmental and social considerations for the

cooperation project are required or not.

10. Social Acceptability in case of involuntary Resettlement and Land Acquisition

There are found gaps between Kenyan laws and donor’s policy including the JICA Guidelines

about land acquisition and involuntary resettlement. For example, cash compensation is based upon

market value and illegal encroachers are not entitled to compensation in Kenyan law, while

compensation is based on replacement cost and Project Affected Persons (PAPs) are entitled to

some forms of compensation whatever the legal/illegal recognition of the occupancy in donor’s

policy.

11. Important Notice on Basic Design Research

Before deciding the dispatch of the Basic Design Team, it is necessary to confirm the progress in

the following matters to the Kenyan sides as mentioned in 9-2.

(1) EIA Approval by NEMA

- EIA approval for the project by MOR

- Additional EIA and/or environmental and social considerations for the cooperation project arerequired or not.

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(2) Identification of PAPs and preparation of RAP

- To confirm ROW to be surely secured and encroachments into ROW for identifying PAPs, and

prepare Resettlement Action Plan by KURA.

13. Other relevant Information

13.1 References


- Environmental (Impact Assessment and Audit) regulations, 2003 (EIAAR)

- Ministry of Roads: Environmental and Social Impact Assessment Study on the proposed

Upgrading of All Saints Cathedral Junction - City Mortuary - Dagoreti Corner - Ngong Town

(C61/C60) Roads - Karen - Bomas Roads” (by APEC Consortium/CAS Ltd., August 2009).

- JICA (2006.3): The Study on Master Plan for Urban Transport in the Nairobi Metropolitan Area in

the Republic of Kenya, by Katahira & Engineers International and RECS International Inc.- Office of the Deputy Prime Minister and Ministry of Local Government: The Environmental

Impact Assessment (EIA) Study – A Final Report for the Missing Links Roads NOs. 3, 6 and 7 in

the City f Nairobi (by AMI Development Services, Limited, July 2009.

- City Council of Nairobi and Permanent Secretary, Office of the Deputy Prime Minister and

Ministry of Local Government: The Study on Socio-economic Impacts and Resettlement Action

Plan for the Missing Links Numbers 3,6 &7 – Intermediate Report (August 2009).

Map 1 Location map of the project area

8/13/2019 kenya6_01


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Map 2 Detailed Map of Ugong Road section- End -

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