Environmental Impact Assessment Report. October, 2011. Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. i ENVIROMENTAL IMPACT ASSESSMENT DETAILED STUDY REPORT FOR THE PROPOSED, BOUNDARY WALL, STOREY UNITS, MARKET STALLS, BRIDGES AND FOOTPATHS IN MUKURU AND KIBERA IN KENYA RAILWAY RESERVE This Environmental Impact Assessment (EIA) Project Report is submitted to Kenya National Environmental Management Authority (NEMA) in conformity with the requirements of the Environmental Management and Coordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2003 PROPONENT: SUBMITTED BY KENYA RAILWAYS CORPORATION ECO PLAN MANAGEMENT LTD. Environmental&Planning Services, P.O Box 45897-00100-Nairobi,Kenya, Cell 0722-740803/0735-689954. Email: [email protected]Website:www.ecoplanmanagement.com
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ENVIROMENTAL IMPACT ASSESSMENT DETAILED STUDY REPORTFOR
THE PROPOSED, BOUNDARY WALL, STOREY UNITS, MARKET STALLS, BRIDGESAND FOOTPATHS IN MUKURU AND KIBERA IN KENYA RAILWAY RESERVE
This Environmental Impact Assessment (EIA) Project Report is submitted toKenya National Environmental Management Authority (NEMA) in conformitywith the requirements of the Environmental Management and CoordinationAct, 1999 and the Environmental (Impact Assessment and Audit) Regulations,2003
PROPONENT: SUBMITTED BY
KENYA RAILWAYS CORPORATION
ECO PLAN MANAGEMENT LTD.Environmental&Planning Services,P.O Box 45897-00100-Nairobi,Kenya,Cell 0722-740803/0735-689954.Email: [email protected]:www.ecoplanmanagement.com
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DOCUMENT AUTHENTICATION
This project report on Environmental Impact Assessment has been prepared by Eco PlanManagement Co. Ltd consultants lead by registered and licensed EIA /EA lead Expert IreneC. Keino. We the undersigned, certify that the particulars in this report are correct andrighteous to the best of our knowledge.
EIA/EA LEAD EXPERT:
Signature ……………………………………………………………………....
Date ……………………………………………………………………………
Irene Cheptoo. KeinoEIA/ EA Expert (Reg. No. 0447)
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ACKNOWLEDGEMENT
The EIA/Audit Experts are grateful to the project proponent - Kenya Railways Corporation,for commissioning us to conduct this Environment Impact Assessment in respect of theproposed Project. We would like to further acknowledge with great appreciation all thoseneighbors who participated in the public consultation process for their cooperationthroughout the exercise.
We further acknowledge the support, either direct or indirect, from the various parties whoassisted the EIA/EA experts’ team towards the successful completion of this report.
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ABBREVIATIONS
EIA Environmental Impact AssessmentCPP Consultation and Public ParticipationEHS Environment, Occupational Health and SafetyEA Environmental AuditEMCA Environmental Management and Coordination Act, 1999EMS Environmental Management SystemISO International Standards OrganizationsNEMA National Environment Management AuthorityPSP Private Sector ParticipationTOR Terms of ReferenceNEAP National Environmental Action PlanKPLC Kenya Power and Lighting CompanyBS British StandardsCC County CouncilWSC Water and Sewerage CompanySEM Sustainable Environmental ManagementERP Emergency Response PlansVAT Value Added TaxesRAP Relocation Action PlanPAPS Project Affected Persons
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EXECUTIVE SUMMARY
Background
The Government of Kenya is expecting to receive funds from World Bank to finance theconstruction of Boundary Wall, Storey Units, Market Stalls, Bridges and Footpaths inMukuru and Kibera in Kenya Railwayline Reserve.
The proposed Kenya railways corporation projects in Mukuru and Kibera will improverailway safety and operation. Therefore this Environmental Impact Assessment study hasbeen commissioned in line with the requirements of the World Bank environmental andsocial policies, guidelines and assessment procedures in addition to those of NationalEnvironment and Management Authority (NEMA) as stated in The EnvironmentalManagement and Coordination Act (EMCA) 1999 and stipulated in the Environmental(Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101, beforecommencement of the project.
The Kenya Railways Corporation was established by an Act of Parliament (Cap 397) of theLaws of Kenya, which was enacted on January 20th, 1978. The Act was amended throughThe Kenya Railways (Amendment) Act 2005 to make it possible for the Board of Directors toenter into concession agreements or other forms of agreements for the provision of railtransport services.
The Kenya Railways Corporation (KRC) contracted its railway operation services to RiftValley Railways (RVR), a private company, in April 2006. RVR commenced railwayoperations on November 1, 2006 and will operate freight and passenger services for 25 and 5years respectively in Kenya and Uganda.
RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa atthe coast to Malaba in the west. Typically, the railway line has an exclusive corridor(referred to as a reserve) 60.6 meters wide throughout the network except at station yardsand major depots where a larger railway reserve is provided. Despite the requirement to havea railway reserve free for railway operations and safety, parts of the railway reserve havebeen encroached upon. The railway reserve in both Kibera and Mukuru within the city ofNairobi is particularly encroached by large numbers of people who reside and/or carry outbusiness within it. At several places on the railway reserve, markets have been established oneither sides of the railway line. The line is used in these areas as a path for accessing themarket stalls and by pedestrians moving to and from the city centre and the industrial area.
The human encroachment on the reserve has several serious consequences, among them: Risk to human safety due to proximity to active railway traffic;
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Risk to property in the event of accidents or derailments; Dumping of waste onto the railway track which impedes track drainage and
compromises track stability; Exposure of maintenance personnel to unhygienic working conditions and disease
due to disposal of faecal and other waste on the track; Slow train speeds which cause inordinate delay; Limited profitability for the concessionaire due to inability to increase freight
carriage by an increase in operational speeds.
In light of the above factors, it is essential that a clear corridor of operation is established inKibera and Mukuru to improve railway safety and operation. The Kenya railwayscorporation therefore proposes to construct a boundary wall, storey units, market stalls,bridges and footpaths so as to implement the relocation of people residing, undertakingbusiness, or otherwise occupying the reserve (the 60-metre railway operation corridor).The Kenya Railways Corporation’s vision is to be a world class provider of rail and inlandwaterways transport. Its mission is to manage railway assets and services in the most efficientand innovative way to maximize performance.
The economic recovery strategy for wealth and employment creation on the other hand aimsat giving Kenyans a better deal in their lives and in their struggle to build a modern andprosperous nation. It aims to empower Kenyans and to provide them with a democraticpolitical atmosphere under which all citizens can be free to work hard and engage inproductive activities to improve their standards of living.
Justification of the Proposed Project
In recent times, real property sector has achieved a significant growth owing to the fact thatmany people are currently putting up domestic buildings to meet rising demand for suchfacilities in Kenya. Besides, the project will ensure that a clear corridor of operation isestablished in Kibera and Mukuru to improve railway safety and operation now and in thefuture.
The central government will benefit in the form of Value Added Taxes (VAT) imposed onconstruction materials and various fees charged by different government institutionsMore importantly, the design of the project is well thought out and has taken intoconsideration all the necessary interventions needed to take care for mitigation of negativeimpacts on the environment and safeguard safety of construction workers.
Project and Environmental Impact Assessment Objectives
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The project objective is to build a Boundary wall, Housing Units, Market Stalls, bridges andpavement footpaths, to provide decent and modern housing units with rooms for residentialpurposes. Currently, there is an encroachment of the railway line reserve by the Kibera andMukuru residents due to shortage of buildings and at low cost in both areas for suchfunctions. On the other hand the EIA study objectives for the proposed project were:
To identify environmental economic, social and health impacts, To solicit views/opinion of the public and neighbors on the impacts of the project,
and Develop an Environmental Management Plan for the project.
Methodology
Review of documents
The consultant reviewed relevant documents relating to the assignments to have in-depthunderstanding and to gain sufficient background information regarding the project. A reviewof architectural drawing, various policies, regulatory and relevant legal documents was alsocarried out.
Site Visits and Public Participation.
Field visits were meant for physical inspections of the project site in order to gatherinformation on the state of environment. Several photos of the project site were taken forinclusion in this report. The study also sought public opinion/views through Consultationand Public Participation (CPP) exercise. Questionnaires were administered to the public andinterviews held with neighbors. The questionnaires have been included in this report.
Proposed Project Cost
The total calculated project cost is approximately KES 2,568,979,480 Million (USD32,518,728). This value is exclusive of duties and taxes, wayleave costs and contingency. Adetailed breakdown of costs associated with compensation for lost assets of project affectedpeople is given in the RAP Report. Environmental Management and monitoring plan costestimates are given in chapter 9 of this Report.
Relevant Legislative and Legal Framework
The project will comply with World Bank (WB) Environmental Guidelines on Projects andEIA Studies. There exist also a number of local legislations and regulations that the projectshall have to comply with. The Environmental Management and Coordination Act, 1999 andregulations 2003 provide overall guidelines to project implementation. Together with several
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other local laws mentioned in Chapter Two of this report, these local legislations shall haveto be complied with throughout the project life.
Kenya is also a signatory to several international conventions, protocols and treaties and istherefore bound by the requirements of these conventions and protocols. Some of therelevant global policies include: The convention on biodiversity Convention on the conservation of migratory species The Ramsar Convention on wetlands Various World Bank Operational Policies United nations Framework Convention on Climate Change
This Environmental Impact Assessment examined the potential positive and negative impactsof the project on the immediate surroundings with due regard to all the phases fromconstruction, occupation and decommissioning. It encompassed all aspects pertaining to thephysical, ecological, socio-cultural, health and safety conditions at the site and its environsduring and after construction.
Environment, Health and Safety (EHS) section addresses environmental, health and safetyconcerns during projects’ cycle. The main objective of the EHS on the proposed project is todevelop guidelines for protecting, managing and responding, processes, situations/conditionsthat might compromise health, safety and security of workers and ecological wellbeing.
To avoid or reduce negative environmental impacts, mitigation measures were proposed andan environmental management plan (EMP) formulated. The proponent is also expected toobserve recommendations in the Environmental Management Plan (EMP) and carry outannual environmental audits once the project is in operation. Some of the recommendationsput forward include the following;
All construction materials and especially sand, gravel, hardcore and wood must besourced/procured from legalized dealers.
Construction activities must be undertaken only during the day i.e. between 0700hours to 1900 hours. This will minimize disturbance to the general public withinthe proximity of the site/project especially the residential estates.
Traffic on the access road to the site should be controlled and informed duringconstruction and especially when heavy trucks are turning in and out of the site.This will ensure that no accidents are caused by the site’s activities.
The development must be approved by the relevant Government Departments i.e.Physical planning, Ministry of Lands and Housing, health etc. the proponentshould therefore follow the guidelines as set by the departments to safeguard and
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envisage environmental management principles during construction andoperation phases of the proposed development.
It is important that warning/informative signs (bill boards) be erected at the site.These should indicate the operation hours and when works are likely to be startedand completed.
All solid waste materials and debris resulting from construction activities must bedisposed off at approved dumpsites. The wastes should be properly segregated andseparated to encourage recycling of some useful waste materials; i.e. someexcavated stone materials can be used as backfills.
During construction, all loose soils must be compacted to prevent any erosion bywind or water. Other appropriate soil erosion control measures can be adapted.Any stockpiles of earth should be enclosed, covered or sprinkled with waterduring dry or windy conditions to minimize generation of rust particles into theair.
Once earthworks have been done, restoration of the worked areas should becarried out immediately by backfilling, professional landscaping/leveling andplanting of low grass in open areas), flowers and suitable tree species.
Water is a setback in Kibera and Mukuru in general area and therefore the projectproponent should look into modalities aimed at enhancing water supply to theproposed scheme and also give a hand in upgrading water supply systems in theneighborhood. NCC water supply system should be upgraded and water sourcedfrom reliable sources; say from uplands. Rainwater harvesting systems should beprovided as well as standard storage systems to every office floor unit; to enhancecollection of the runoff generated from the roof catchments.
Drains will be properly designed, installed and regularly maintained to preventstorm water (run-off) from accumulating within the site spreading to theneighborhood. These must effectively drain the storm water from the premise intothe existing public drainage system to be developed along the access road.
Proper and regular maintenance of construction machinery and equipment willreduce emission of hazardous fumes and noise resulting from friction of rubbingmetal bodies.
Heavy construction activities should be limited (or avoided) during the rainyseason to minimize the chances of soil degradation (soil erosion).
Maintenance activities must be carried out in service bay to reduce chances of oilsor grease or other maintenance materials, from coming into contact withenvironment (water or soil). Wastewater from such areas must be refrained fromcoming into contact with solid mass or water bodies as it contains oil/grease spills.
Used and new oils must be handled and stored appropriately to avoid oil leaks andspills on the site.
Sewerage system must be properly designed within the site/office and effectivelyconnected to the public sewer system. Design specifications must be followed
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during installation. Standard cleanliness and waste disposal facilities atconstruction site and during occupation must be maintained.
Workers should be provided with complete personal protective equipment (PPE)and safety gear. They should have working boots, complete overalls, helmets,gloves, earmuffs, nose masks, goggles etc. A fully equipped first aid kit must beprovided within the site.
The contractor must have workmen’s compensation cover; the contractor isrequired to comply with workmen’s compensation Act as well as other relevantordinance, regulations and Union Agreement. The contractor must provideadequate security during the construction period and especially during the nightwhen there are no construction activities.
A complete fire fighting system must be provided after completion of the project.The equipment is clearly provided in the design plan, and in the report. This mustbe installed or provided at strategic points.
Relocation Action Plan (RAP)
Some persons will be displaced to have a railway reserve free for railway operations andsafety. A compensation and relocation plan (CRP) has been prepared for project affectedpersons who will be relocated as a result of the intervention. This covers all costs of loss ofshelter, trading stalls, loss of structure to house the business.
Conclusion
An Environmental Management Plan (EMP) outline has been developed to ensuresustainability of the site activities from construction through operation to decommissioning.
The plan provides a general outlay of the activities, associated impacts, mitigation actionplans and appropriate indicators for monitoring. Implementation timeframes andresponsibilities are defined, and where practicable, the cost estimates for recommendedmeasures are provided. There are also guidelines for addressing environmental health andsafety. This project is recommendable for approval by the National EnvironmentManagement Authority (NEMA) for issuance of an EIA license subject to annualenvironmental audits after operating for one year. This will be in compliance with theEnvironmental Management and Coordination Act of 1999 and the Environmental ImpactAssessment and Audit regulations, 2003.
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TABLE OF CONTENTS
DOCUMENT AUTHENTICATION ............................................................................................. iiACKNOWLEDGEMENT ............................................................................................................. iiiABBREVIATIONS ........................................................................................................................ ivEXECUTIVE SUMMARY.............................................................................................................. vCHAPTER ONE: INTRODUCTION............................................................................................. 11.1 Project Background............................................................................................................ 11.2 Justification of the Proposed Project. ............................................................................... 21.3 Project and Environmental Impact Assessment Objectives. ........................................... 31.4 Scope of the EIA Study. ..................................................................................................... 31.5 Terms of Reference. ........................................................................................................... 31.6 Methodology. ..................................................................................................................... 4
1.6.1 Environmental Screening............................................................................................... 41.6.2 Environmental Scoping. ................................................................................................. 41.6.3 Desktop Study. ................................................................................................................ 61.6.4 Site Visits and Public Participation. .............................................................................. 61.6.5 Reporting......................................................................................................................... 6
CHAPTER TWO: PROJECT DESCRIPTION .............................................................................. 72.1 Site Location....................................................................................................................... 72.2 Description of the Project ................................................................................................. 7
2.2.1 The Wall.......................................................................................................................... 72.2.2 Relocation Units.............................................................................................................. 72.2.3 Traders’ Stalls .................................................................................................................. 82.2.4 Foot Bridges..................................................................................................................... 82.2.5 Water and Sewer Connections....................................................................................... 8
2.3 Project Justification............................................................................................................ 92.4 Construction activities Outline....................................................................................... 102.5 Construction Inputs/ Raw Materials............................................................................... 112.6 Technology and Activities............................................................................................... 112.7 Description of the Project’s Construction Activities. .................................................... 11
2.7.1 Excavation / Earthworks. ............................................................................................. 112.7.2 Foundation and Masonry. ............................................................................................ 112.7.3 Electrical Works. .......................................................................................................... 122.7.4 Plumbing. ...................................................................................................................... 12
2.8 Staff Amenities: ................................................................................................................ 122.8.1 Site Office ...................................................................................................................... 122.8.2 Site Workers’ Toilets: ................................................................................................... 122.8.3 Material Storage and Handling: ................................................................................... 122.8.4 Non-Hazardous Materials............................................................................................. 122.8.5 Hazardous Materials ..................................................................................................... 13
2.12 Infrastructural Services:................................................................................................... 162.12.1 Roads and Accessibility ................................................................................................ 162.12.2 Sewage Disposal: ........................................................................................................... 162.12.3 Water Supply: ............................................................................................................... 162.12.4 Power Supply: ............................................................................................................... 172.12.5 Project Budget............................................................................................................... 17
CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA ............................ 183.1 Location of the Project Area ........................................................................................... 183.1 Climate ............................................................................................................................. 183.2 Topography ...................................................................................................................... 193.3 Physiography and Geology.............................................................................................. 193.4 Surface Water Resources ................................................................................................. 193.5 Environmental and Socio- Economic of Kibera and Mukuru....................................... 19
3.5.1 Kibera ............................................................................................................................ 193.5.1.1 The Area Ecology and Vegetation ..................................................................................203.5.1.2 Water ....................................................................................................................................203.5.1.3 Sanitation, Liquid Waste and Drainage .........................................................................203.5.1.4 Solid Waste Management .................................................................................................213.5.1.5 Socio- Economic activities................................................................................................21
3.5.2 Mukuru Slum ................................................................................................................ 223.6 Transport .......................................................................................................................... 223.7 Energy Supply .................................................................................................................. 23CHAPTER 4: RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORKS ............... 244.1 World Bank Safeguard Policies....................................................................................... 24
4.1.1 Environmental Assessment: OP/BP 4.01..................................................................... 244.1.2 Natural Habitats: OP/BP 4.04....................................................................................... 244.1.3 Forests: OP/BP 4.36 ...................................................................................................... 254.1.4 Physical Cultural Resources: OP/BP 4.11.................................................................... 254.1.5 Indigenous Peoples: OP/BP 4.10.................................................................................. 264.1.6 Involuntary Resettlement: OP/BP 4.12 ....................................................................... 264.1.7 Projects in International Waters: OP 7.50 .................................................................. 274.1.8 Projects in Disputed Areas: OP 7.60 ............................................................................ 28
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4.2 Kenya’s Environmental Legal Framework ..................................................................... 284.2.1 The Environment Management and Co-ordination Act, 1999 .................................. 284.2.2 Kenya Railways Corporation Act (Cap. 397, 1979)..................................................... 294.2.3 Public Health Act (Cap. 242) ....................................................................................... 304.2.4 Local Authority Act (Cap. 265) .................................................................................... 304.2.5 Waste Management Standards (Legal Notice 121: The Environmental Management
………………………………………………………………………………………….324.2.6 Waste Management Standards (Legal Notice 120: The Environmental Management
………………………………………………………………………………………….324.2.7 Waste Management Standards (Legal Notice 61: The Environmental Management…..……………………………………………………………………………………………..334.2.8 Physical Planning Act, 1996 ........................................................................................ 334.2.9 Land Planning Act (Cap. 303) ...................................................................................... 354.2.10 Water Act, 2002 ............................................................................................................ 354.2.11 Electricity Power Act (No. 11 of 1997) ....................................................................... 364.2.12 Building Code 1968....................................................................................................... 364.2.13 Penal Code Act (Cap.63)............................................................................................... 364.2.14 Wildlife Conservation and Management Act, Cap 376 .............................................. 374.2.15 The Lakes and Rivers Act Chapter 409 Laws of Kenya: ............................................. 374.2.16 Forestry Services Act, 2005 .......................................................................................... 374.2.17 Occupational Safety and Health Act (OSHA), 2007 ................................................... 38
4.2.17.1 Health .................................................................................................................................384.2.17.2 Safety ..................................................................................................................................384.2.17.3 Welfare...............................................................................................................................38
4.2.18 The Traffic Act Chapter 403 Laws of Kenya ............................................................... 394.2.19 Food Drugs and chemicals substances Act (Cap 254) ................................................. 394.2.20 The Way leaves Act Cap 292........................................................................................ 394.2.21 The Registration of Titles Act Cap 281........................................................................ 404.2.22 The Land Titles Act Cap 282 ........................................................................................ 404.2.23 The Land Acquisition Act Chapter 295 Laws of Kenya.............................................. 404.2.24 Environmental Vibration Pollution (Control) Regulations, 2009 ............................. 41
4.4 Relevant International Conventions and Treaties ......................................................... 45CHAPTER FIVE: CONSULTATION AND PUBLIC PARTICIPATION .................................. 465.1 Sources of Information .................................................................................................... 465.2 Major Environmental Concerns /Opinions .................................................................... 46
5.2.1 Noise and Vibration...................................................................................................... 46
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5.2.2 Water Shortage ............................................................................................................. 465.2.3 Dust Generation............................................................................................................ 465.2.4 Transport Trucks........................................................................................................... 465.2.5 Environmental Aesthetics ............................................................................................ 475.2.6 Employment Opportunities ......................................................................................... 475.2.7 Social and Economic Effects......................................................................................... 47
5.3 Other Concerns................................................................................................................ 475.4 Positive Comments about the Project from the Participants ........................................ 485.5 Suggestions Made By the Participants ............................................................................ 485.6 Community and Stakeholder Engagement..................................................................... 48CHAPTER SIX: ANALYSIS OF ALTERNATIVES OF THE PROJECT................................... 506.1 Introduction ..................................................................................................................... 506.3 Proposed construction alternative .................................................................................. 506.4 No Project Alternative..................................................................................................... 516.5 Analysis of Alternative Construction Materials and Technology................................. 516.6 Solid waste management alternatives............................................................................. 526.7 Uncertainties in the Project Cycle .................................................................................. 52CHAPTER SEVEN: IMPACTS OF THE PROPOSED PROJECT.............................................. 537.1 Introduction ..................................................................................................................... 537.2 Positive Impacts during Construction Phase ................................................................. 53
7.2.1 Employment Opportunities ......................................................................................... 537.2.2 Gains in the Local and National Economy .................................................................. 537.2.3 Provision of Market for Supply of Building Materials................................................ 547.2.4 Informal Sectors Benefits ............................................................................................. 547.2.5 Environmental Benefits................................................................................................ 547.2.6 Improved Security ........................................................................................................ 54
7.3 Negative Impacts during Construction Phase ................................................................ 547.3.1 Increased Soil Erosion................................................................................................... 547.3.2 Vegetation clearing....................................................................................................... 557.3.3 Extraction and use of raw materials............................................................................. 557.3.4 Exhaust Emissions......................................................................................................... 557.3.5 Noise and Vibration...................................................................................................... 567.3.6 Storage of materials....................................................................................................... 567.3.7 Dust emissions............................................................................................................... 567.3.8 Water Use...................................................................................................................... 567.3.9 Drainage ........................................................................................................................ 567.3.10 Storm water runoff ....................................................................................................... 567.3.11 Liquid waste generation (grey water) .......................................................................... 577.3.12 Liquid waste generation (black water) ........................................................................ 577.3.13 Solid Waste Generation................................................................................................ 577.3.14 Energy Consumption.................................................................................................... 57
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7.3.15 Risks of Accidents and Injuries to Workers ................................................................ 587.3.16 Clearance of Temporary Shades................................................................................... 58
7.4 Positive impacts of Operational activities ...................................................................... 597.4.1 Provision of business facilities ..................................................................................... 597.4.2 Employment Opportunities ......................................................................................... 597.4.3 Revenue to National and Local Governments ............................................................ 597.4.4 Improved Security ........................................................................................................ 597.4.5 Water and Sanitation.................................................................................................... 607.4.6 Drainage ........................................................................................................................ 607.4.7 Track maintenance improvement................................................................................ 607.4.8 Infrastructure Growth .................................................................................................. 607.4.9 Pedestrian Traffic.......................................................................................................... 607.4.10 Improvement of Commuter Service ............................................................................ 607.4.11 Improved Livelihood .................................................................................................... 60
7.5 Negative Impacts of Operational Activities ................................................................... 617.5.1 Solid Waste Generation................................................................................................ 617.5.2 Water Use...................................................................................................................... 617.5.3 Waste Waters/ Effluence.............................................................................................. 617.5.4 Increased Demand for Sanitation................................................................................. 617.5.5 Increased Storm Water Flow. ...................................................................................... 617.5.6 Energy Consumption. ................................................................................................... 617.5.7 Loss of Social Networks ................................................................................................ 627.5.8 Loss of Business and Property ...................................................................................... 627.5.9 Energy Consumption .................................................................................................... 62
7.8 IMPACTS MITIGATION AND MONITORING ........................................................... 637.8.1 Mitigation of Construction Phase Impacts .................................................................. 63
7.8.1.1 Efficient Sourcing and Use of Raw Materials ...............................................................637.8.1.2Earth works ..........................................................................................................................647.8.1.3 Minimization of Vegetation Disturbance......................................................................647.8.1.4 Minimization of Storm Water Run-off and Soil Erosion ...........................................657.8.1.5 Minimization of Construction Waste ............................................................................657.8.1.6 Reduction of Dust Generation and Emission ...............................................................677.8.1.7 Particulate emissions ........................................................................................................677.8.1.8 Minimization of Exhaust Emissions ..............................................................................677.8.1.9 Minimization of Noise and Vibration ............................................................................67
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7.8.1.10 Liquid waste generation..................................................................................................687.8.1.11 Controlling Oil Spills during Construction Phase .....................................................687.8.1.12 Minimization of Water Use ...........................................................................................68
7.8.2 Reduction of Risks of Accidents and Injuries to Workers ......................................... 687.8.2.1 Emergency preparedness & evacuation procedures ................................................... 68
7.8.2.2 Fire hazards .........................................................................................................................687.8.2.3 Electrical safety...................................................................................................................697.8.2.4 Occupational Safety and Health (OSH) .........................................................................697.8.2.5 Workers Welfare................................................................................................................697.8.2.6 Reduction of Energy Consumption ................................................................................707.8.2.7 Ergonomics ..........................................................................................................................707.8.2.8 Machinery / equipment safety .........................................................................................70
7.8.3 Site Organization ......................................................................................................... 717.8.3.1 Personal health ...................................................................................................................717.8.3.2 Scavengers and Vermin.....................................................................................................717.8.3.2 Increased Pressure on Infrastructure .............................................................................71
7.9 MITIGATION OF OPERATION PHASE IMPACTS .................................................... 727.9.1 Ensuring Efficient Solid Waste Management ............................................................. 727.9.2 Minimization of Sewage Release ................................................................................. 727.9.3 Ensure Efficient Energy Consumption ........................................................................ 727.9.4 Ensure Efficient Water Use.......................................................................................... 727.9.5 Encroachment on Privacy ............................................................................................ 727.9.6 Public health ................................................................................................................. 737.9.7 Accidents ....................................................................................................................... 737.9.8 Odours ........................................................................................................................... 737.9.9 Scavengers and Vermin ................................................................................................ 73
7.10 Mitigation of Decommissioning Phase Impacts............................................................. 737.10.1 Efficient Solid Waste Management ............................................................................. 737.10.2 Reduction of Dust Concentration ................................................................................ 747.10.3 Minimization of Noise and Vibration.......................................................................... 747.10.4 Site Rehabilitation after Decommissioning................................................................. 74
7.11 Matrices ............................................................................................................................ 747.11.1 The anticipated Impacts ............................................................................................... 75
CHAPTER EIGHT: ENVIRONMENT, HEALTH AND SAFETY (EHS). ................................. 788.0 Introduction ........................................................................................................................... 788.1 Guidelines for EHS. ......................................................................................................... 788.2 Obligations in Environment, Health and Safety............................................................ 78
8.2.1 The Contractor.............................................................................................................. 788.2.2 Drivers. .......................................................................................................................... 798.2.3 Welders. ........................................................................................................................ 79
8.3 Fire Preparedness............................................................................................................. 79
Fig: 2.1 Kibera 3 dimensional solutions as proposed................................................................... 7Fig: 2.2 Boundary Wall and relocation unit solution as proposed ............................................. 8Fig: 3.1 A map of the project area in kibera .............................................................................. 18Fig: 3.2 Vegetation at Kibera ...................................................................................................... 20Fig: 7.1 Trading Stalls ................................................................................................................. 59Fig: 7.2 Kenya Railway Track..................................................................................................... 59Fig: 9.1 Summary of institutional arrangements....................................................................... 99
LIST OF TABLES
Table: 2.3 Cost estimates for the entire project......................................................................... 17Table: 4.1 Summary of World Bank Safeguard Policies ........................................................... 28Table: 4.2 Quality Standards for Sources of Domestic Water .................................................. 33Table: 4.3 Maximum Permissible Noise Levels ......................................................................... 41Table: 4.4 Maximum Permissible Noise Levels for Construction Sites.................................... 42Table: 9.1 Environmental Management Plan during Construction Phase .............................. 80Table: 9.2 EMP of the Operation Phase..................................................................................... 91Table: 9.3 Environmental Management & Monitoring Plan for Decommissioning Phase .... 92
SITE PLATES
Plate 1. EIA public consultation team..................................................................................... 104Plate.2 Dumping of solid waste in Kibera ........................................................................... 104Plate.4: Business on the railway operation reserve.............................................................. 105Plate 5 A pipe line running to a railway line ......................................................................... 106Plate 6. Modern agriculture practiced in the railway reserve ................................................. 106
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CHAPTER ONE: INTRODUCTION
1.1 Project Background
The Kenya Railways Corporation was established by an Act of Parliament (Cap 397) of theLaws of Kenya, which was enacted on January 20th, 1978. The Act was amended throughThe Kenya Railways (Amendment) Act 2005 to make it possible for the Board of Directors toenter into concession agreements or other forms of agreements for the provision of railtransport services.
The Kenya Railways Corporation (KRC) contracted its railway operation services to RiftValley Railways (RVR), a private company, in April 2006. RVR commenced railwayoperations on November 1, 2006 and will operate freight and passenger services for 25 and 5years respectively in Kenya and Uganda.
RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa atthe coast to Malaba in the west. Typically, the railway line has an exclusive corridor(referred to as a reserve) 60.6 meters wide throughout the network except at station yardsand major depots where a larger railway reserve is provided.
The Kenya Railways Corporation’s vision is to be a world class provider of rail and inlandwaterways transport. Its mission is to manage railway assets and services in the most efficientand innovative way to maximize performance.
Despite the requirement to have a railway reserve free for railway operations and safety,parts of the railway reserve have been encroached upon. The railway reserve in both Kiberaand Mukuru within the city of Nairobi is particularly encroached by large numbers of peoplewho reside and/or carry out business within it. At several places on the railway reserve,markets have been established on either sides of the railway line. The line is used in theseareas as a path for accessing the market stalls and by pedestrians moving to and from the citycentre and the industrial area.The human encroachment on the reserve has several serious consequences, among them:
Risk to human safety due to proximity to active railway traffic; Risk to property in the event of accidents or derailments; Dumping of waste onto the railway track which impedes track drainage and
compromises track stability; Exposure of maintenance personnel to unhygienic working conditions and disease
due to disposal of faecal and other waste on the track; Slow train speeds which cause inordinate delay;
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Limited profitability for the concessionaire due to inability to increase freightcarriage by an increase in operational speeds.
In light of the above factors, it is essential that a clear corridor of operation is established inKibera and Mukuru to improve railway safety and operation. The Kenya railwayscorporation therefore proposes to construct a boundary wall, storey units, market stalls,bridges and footpaths so as to implement the relocation of people residing, undertakingbusiness, or otherwise occupying the reserve (the 60-metre railway operation corridor).
The Government of Kenya is expecting to receive funds from World Bank to finance theconstruction of Boundary Wall, Storey Units, Market Stalls, Bridges and Footpaths inMukuru and Kibera in Kenya Railwayline Reserve.The proposed Kenya railways corporation projects in Mukuru and Kibera will improverailway safety and operation. Therefore this Environmental Impact Assessment study hasbeen commissioned in line with the requirements of the World Bank environmental andsocial policies, guidelines and assessment procedures in addition to those of NationalEnvironment and Management Authority (NEMA) as stated in The EnvironmentalManagement and Coordination Act (EMCA) 1999 and stipulated in the Environmental(Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101, beforecommencement of the project.
The study conducted conformed to the requirements of the World Bank environmental andsocial policies, guidelines and assessment procedures in addition to those of NationalEnvironment and Management Authority (NEMA) as stated in The EnvironmentalManagement and Coordination Act (EMCA) 1999 and stipulated in the Environmental(Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101.
This Environmental Impact Assessment is identify both positive and negative impacts of theproposed project to the environment and propose mitigation measures in the EnvironmentalManagement Plan developed to address potential negative impacts, during the construction,operation and decommissioning phases of the project, for overall environmentalsustainability.
1.2 Justification of the Proposed Project.
In recent times, real property sector has achieved a significant growth owing to the fact thatmany people are currently putting up domestic buildings to meet rising demand for suchfacilities in Kenya. Besides, the project will ensure that a clear corridor of operation isestablished in Kibera and Mukuru to improve railway safety and operation now and in thefuture.
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The central government will benefit in the form of Value Added Taxes (VAT) imposed onconstruction materials and various fees charged by different government institutionsMore importantly, the design of the project is well thought out and has taken intoconsideration all the necessary interventions needed to take care for mitigation of negativeimpacts on the environment and safeguard safety of construction workers.
1.3 Project and Environmental Impact Assessment Objectives.
The project objective is to build a Boundary wall, Housing Units, Market Stalls, bridges andpavement footpaths, to provide decent and modern housing units with rooms for residentialpurposes. Currently, there is an encroachment of the railway line reserve by the Kibera andMukuru residents due to shortage of buildings and at low cost in both areas for suchfunctions. On the other hand the EIA study objectives for the proposed project were:
To identify environmental economic, social and health impacts, To solicit views/opinion of the public and neighbors on the impacts of the project,
and Develop an Environmental Management Plan for the project.
1.4 Scope of the EIA Study.
Arising from above objectives (Project and EIA), the scope of Environmental ImpactAssessment include the following:
The baseline conditions of the project area, Description of the proposed project, Relevant legislative, policy and administrative frameworks, Views/opinions of the public, Identification of significant adverse impacts to the environment, Mitigation measures to adverse impacts, and An Environmental Management Plan for the proposed project.
1.5 Terms of Reference.
In January 2011 the proponent contracted EIA/EA experts to conduct an EnvironmentalImpact Assessment study for the proposed boundary wall residential, housing units, Marketstalls, bridges and pavement footpaths development. Terms of reference, which, definedduties of the expert were as follows:
The proposed location of the project The objectives of the project A concise description of the national environmental legislative and regulatory
framework, baseline information and any other relevant information related tothe project
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The technology, procedures and processes to be used, in the implementation ofthe project
The products, by- products and waste generated by the project A description of the potentially affected environment The environmental effects of the project including the social and cultural effects
and the direct, indirect, cumulative, irreversible, short term and long term effectsanticipated
Alternative technologies and processes available and reasons for preferring thechosen technology and processes
Analysis of alternatives including project site, design and technologies and thereasons for preferring the proposed site design and technologies
An environmental management plan proposing the measures for eliminating,minimizing or mitigating adverse impacts on the environment, including the cost,time frame and responsibility to implement the measures
Provision of an action plan for the prevention and management of foreseeableaccidents and hazardous activities in the course of carrying out activities or majorindustrial and other development projects
The measures to prevent health hazards and to ensure security in the workingenvironment for the employees and for the management of emergencies
An identification of gaps in knowledge and uncertainties which were encounteredin compiling the information
An economic and social analysis of the project An indication of whether the environment of any other state is likely to be
affected and the available alternatives and mitigating measures and Such other matters as the authority may require
1.6 Methodology.
1.6.1 Environmental Screening.
Environmental screening was carried out to determine whether an EIA study is necessary forthis project and at what level of evaluation. This took into consideration the requirements ofthe Environmental Management and Coordination Act (EMCA), 1999, and specifically thesecond schedule of the same act. From the screening process, it was understood that thisproject will cause significant impacts on the environment.
1.6.2 Environmental Scoping.
In scoping, focus was on environmental impacts of great concern. Environmental issues werecategorized into physical, natural/ecological and social, economic and cultural aspects.
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Impacts were also classified as immediate and long-term impacts. This will includeassessment of the proposed project in respect of but not limited to:
Project Background: this will give the brief history of the proposed project site, theparties involved and justification of the project in terms of demand or lack of thesame, the project area, relevant policy and legislation, identification of any associatedproject, or any planned projects including products within the region which maycompete for the same resources; the project including products, byproducts, processesboth at implementation and operational level, resources required for successfulimplementation and operation of the project and the different options considered.The proposed project objectives; both in the short and long run; and how they arelinked to the overall objectives.
Present environmental conditions; description of the project site, ecological zoning aswell as the state of the environment and its surroundings. Attempts will state if it isalready suffering from degradation. If the latter is true, the causes of the originaldegradation will be established and if possible, the state of the environment beforethe observed degradation,
Identification of Environmental Impacts; the report will distinguish betweensignificant positive and negative impacts, direct and indirect impacts and immediateand long term impacts which are unavoidable and / or irreversible,
Analysis of the alternatives to the proposed project; this will involve description ofalternatives and identifying alternatives that would achieve the same objectives.Alternatives will be compared in terms of potential environmental impacts; capitaland operating costs; suitability under local conditions; and institutional training andmonitoring requirements.
Community/ Stakeholder Consultations: these will be undertaken to determine howthe project will affect the local people / various stakeholders.
Cost- Benefit Analysis; to evaluate the economics of the project and establish itsviability in terms of the expected environmental concerns and measures.
Evaluation; an indication of how the information gathered will be evaluated to giveoptimum results;
Development of an Environmental Management Plan (EMP); to mitigate negativeimpacts, recommending feasible and cost effective measures to prevent or reducesignificant negative impacts to acceptable levels,
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Development of a Monitoring Plan; this will be used in monitoring theimplementation of the mitigation measures and the impacts of the project duringconstruction and operational phases, including an estimate of capital and operationalcosts, and Make necessary recommendations pertaining to the proposed development.
1.6.3 Desktop Study.
This involved review of project documents, architectural drawings, World Bank safeguardspolicies, revised NEMA guidelines, legal and institutional frameworks. Documentscontaining climatic, demographic and hydrological data for Kibera and Mukuru regions werealso relied upon.
1.6.4 Site Visits and Public Participation.
Field visits were meant for physical inspections of the project site in order to gatherinformation on the state of environment. Several photos of the project site were taken forinclusion in this report. The study also sought public opinion/views through Consultationand Public Participation (CPP) exercise. Questionnaires were administered to the public andinterviews held with neighbors. The questionnaires have been included in this report.1.6.5 Reporting.
In the entire exercise, the proponent and EIA experts contacted each other on the progress ofthe study and signing of various documents. The proponent will have to submit ten copies ofthis report alongside a CD to the National Environment Management Authority for reviewand issuance of an EIA license.
All the materials and workmanship used in the execution of the work shall be of the bestquality and description .Any material condemned by the architect shall be removed from thesite at the contractors cost. Environmental concerns need to be part of the planning anddevelopment process and not an afterthought. It is therefore advisable to avoid land useconflicts with the surrounding area through the implementation of the EnvironmentalManagement Plan (EMP)..
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CHAPTER TWO: PROJECT DESCRIPTION
2.1 Site Location
The project area stretches from the 534/6 km mark to the 539/9 km mark within the Nairobi-Kibera section (5.3 Km) and Likoni Road to Mombasa Road within the Makadara- Embakasisection (7 Km) totaling some 12.3 Kilometers.
2.2 Description of the Project
2.2.1 The Wall
This wall is 20m away from the centre of the railway line and it is 9 meters high. It acts asthe back of the traders’ stalls and the 2 storey relocation units. The wall is a reinforcedconcrete frame with masonry infill. This wall will run all the way from Km. 534.600 to Km.539.900 on both sides of the railway line.
Fig: 2.1 Kibera 3 dimensional solutions as proposed
2.2.2 Relocation Units
The basic relocation unit comprises of single room spaces with a total area of 20m2. Thisspace comprises a kitchenette and sleeping area enclosed with a curtain screen. The cookingspace has a worktop incorporated with single drain sink and MDF base cabinet and highlevel cabinet. The floor is screed and the wall is constructed from masonry infill. The unit islinked from the ground floor level with a common staircase. An individual WC and showerare provided. There are 3192 total number of units on 1st and 2nd levels. Each unit is 5.0x4metres. The solution has 18 units per 100m.Each relocation unit is self contained with a wcand shower and has a kitchen sink, a work top and ample storage and 3 public staircases forevery 100m.
The either side wall is 9m highand 20 m from the centre of therailway line. The footbridge is5.2 high. Landscaping andgrowing trees will be done asshown in the fig 2.1.
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Fig: 2.2 Boundary Wall and relocation unit solution as proposed
2.2.3 Traders’ Stalls
For purposes of creating business opportunities, business stalls have been designed as part ofthe structure at the ground floor level. The design of the traders’ stall spaces is based on thesame formal typology as the residential units in order to allow easy adaptation of the spacesinto either the residential units or the institutional function. The 20m2 space has beensubdivided into 3No. Traders' stall of which each space has an area of 6.0 m2 .The floor isscreed and the stalls share a common steel door with a vent.
2.2.4 Foot Bridges
The foot bridge links the two footpaths on each side across the wall at strategic points withinthe railway line. These bridges will be 3 in Number and the height of each footbridge is5.2metres as per the Kenya Railways bridge standards.
2.2.5 Water and Sewer Connections
To make these relocation units and stalls habitable, a properly designed sanitation in theform of a clean water supply for the occupants domestic consumption and a proper seweragedisposal system. This will be provided by Nairobi Water and Sewerage Company (NWSC)which is the government institution dealing with water and sanitation in Nairobi.(a) Description of Kibera Measures
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This section contains a description of measures proposed with regard to relocations andcreation of a safety corridor along the line through Kibera. The description starts at the roadbridge over the railway at km 534.600, which is the part closest to Nairobi city centre, andends at km539.900 equal to km 5.3. The directions right and left (of the railway) refer toviewing the railway in this direction – right is generally north of the rail line, and left issouth of the line.
From the road bridge over the railway at km534.600 to km534.770 to the left, the railwayruns into a cutting. The new 3.0m concrete paving blocks footpath, is situated 24 metersaway from the centre of the rail. 20m away from the rail centre, traders’ stalls and 2storeyrelocation units and wall are to be done. This footpath starts at an existing road and is one ofthe main entrances into the area. To the right, the same solution applies. It is important toimplement this design solution in order to prevent people from walking in the railwaycutting running parallel to the track.
(b) Relocation Facilities for Mukuru
A total of 1490 residential and 1539 business relocation units will be constructed in the RoWbetween the Lunga Lunga and Likoni Bridges for resettlement of the Mukuru PAPs. Theproposed relocation area is within the RoW past Makadara Station Km. 525.00 throughLikoni Bridge (Km. 526.500) to behind Makongeni estate Km 527.750 representing a stretchof 2.75 Km on one side for resettlement, leaving 50 meters of the right of way for railwaydevelopment. To maintain the integrity of the existing KRC Master-Plan, construction ofrelocation units will be undertaken only on one side of the track (immediately behindMbotela and Makongeni estates). This will ensure that the opposite side is fully available forKRC’s marshalling yard expansion. A solution similar to what is proposed for Kibera isrecommended. The solution provides a 9 metre concrete wall with relocation facilities onthree levels. This solution is designed within 10 metres at the outer edge of the reserveleaving 20 metres on one side of the track for railway operations, safety and expansion. Theconcrete wall with relocation facilities on one side of the track will prevent furtherencroachment as the PAPs relocated to the facilities along the wall will form a buffer for thewall against vandalism and misuse. The residential and business facilities constructed againstthe wall shall be permanent and shall be of a quality that ensures an acceptable standard ofliving. They shall be provided with adequate infrastructure and services such as water,sanitation, drainage and electric wiring.
2.3 Project Justification
Kenya Railways Corporation operates a total rail network of 1920 kilometers. The main lineruns from Mombasa, at the coast to Malaba in the west. Typically, the railway line has an
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exclusive corridor, 60.6 meters wide throughout the network except at station yards andmajor depots where a larger railway reserve is provided.
Despite the requirement to have a railway reserve free for railway operations and safety,parts of the railway reserve have been encroached upon. The railway reserve in both Kiberaand Mukuru, within the city of Nairobi, is particularly encroached by large numbers ofpeople who reside and/or carry out business within it. At several places, markets have beenestablished on both sides of the railway line with the railway line being used as a path notonly for accessing the market stalls, but also for pedestrian traffic moving to and from thecity centre and the industrial area.
The result of this encroachment is extensive human activities with the followingshortcomings:
Risk to human safety during normal train operation due to people’s proximity toactive railway traffic.
Exposure to unacceptable risk and danger to the people, structures and propertywithin the reserve in the event of accidents or derailments.
Trains can only move through the area at low speed, which causes inordinatedelays.
Excessive human traffic and businesses operated in the area results in waste andrubbish being dumped on to the railway tracks, which impedes track drainage andcompromises the stability of the track.
As a result of solid waste disposal (including faecal matter) on the track,maintenance personnel are exposed to very unhygienic working conditions.
In addition, since the concessionaire expects to improve freight carriage, it will beessential that it increases operational speeds throughout the railway system.
The above factors make it necessary to establish a clear corridor of operation in Kibera andMukuru to improve railway safety and operation. It is therefore proposed to constructhousing units, boundary wall and paved footpaths to implement the relocation of peopleresiding, undertaking business, or otherwise occupying the reserve within the entire 60-metre railway operation corridor.
2.4 Construction activities Outline
Construction activities will involve the following:
i. Site preparation (clearance of existing vegetation, preparation of a site office andstores, fencing to avoid intrusion),
ii. Disposal of excavation and site clearance wastes,
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iii. Landscaping, earth moving and fillingiv. Procurement of construction materials and delivery of the same to the site,v. Civil, mechanical, and electrical works,
vi. Building works, trampling and removal of construction wastes,vii. Storage and utilization of materials,viii. Solid waste collection and commissioning of the project.
2.5 Construction Inputs/ Raw Materials.
The construction and operation phases of this project will utilize a lot of inputs and rawmaterials. The proponent and contractor are expected to procure building materials fromNEMA licensed dealers. Besides, they must meet both local and international safety andquality standards.
Main inputs during construction include building bocks, sand, gravel, hand cut constructionstones, timber for making structural formwork and interior design, and floor tiles. Others areconcrete blocks, pre-cast units for drains, PVC pipes for sewer and water reticulation, roofingtiles, water tanks and concrete gutters. Window casement and glasses, earthmovers, spadesand other hand held tools are also to be used during construction.
2.6 Technology and Activities.
The contractor shall employ modern and best building technologies. They should not beinferior to locally and internationally established building standards. Construction of theseunits will involve ground excavations; making foundations; building courses; and roofing.This will be followed by fixing water pipes, connection to the city council sewer system andfurnishing the building.
2.7 Description of the Project’s Construction Activities.
2.7.1 Excavation / Earthworks.
In order to prepare the site for construction of the boundary wall, housing units, Marketstalls and Bridges a lot of excavations will be carried out. In this regard, heavy earthmovingmachinery and human labor will be relied upon. Debris and excavate materials fromearthworks, especially soil and stones will be used in various construction activities whilethose of no use will be dumped in sites approved by the Council. A section of site used to e aquarry some time back and therefore some area is partly excavated prematurely.
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Completion of excavations will be followed with setting a foundation for the boundary wall,housing unit and bridges. Thereafter masonry which entails building courses, floors,pavements, drainage systems will take place. Other masonry activities include stone carvings,concrete mixing, and plastering, slab construction, reinforcing walls/lintels and curing ofwalls.
2.7.3 Electrical Works.
Electrical work during will involve installation of electrical gadgets and appliances includingelectrical cables, lighting apparatus, sockets etc. In addition, there will be other activitiesinvolving the use of electricity such as welding and metal cutting.
2.7.4 Plumbing.
Plumbing will entail fixing pipes water pipes and conduits to the Nairobi City Council sewersystem. Likewise, storm water will be channeled to a peripheral storm water drainagesystem. Plumbing activities include metal and plastic cutting, the use of adhesives, metalgrinding and wall drilling among others.
2.8 Staff Amenities:
2.8.1 Site Office
The proposal is to construct a modest site office and a sample materials store with iron sheetwalls and timber framing and concrete floor. The roof will be made using iron sheetswhereas the ceiling board will be constructed using soft board on timber framing.
2.8.2 Site Workers’ Toilets:
The developer will put up water borne toilets adjacent to the office to be used by theconstruction staff. The foul water drainage will be connected to the Nairobi City Councilsewerage system on site.
2.8.3 Material Storage and Handling:
All materials to be used shall conform to the Kenya Bureau of standards requirements forquality or equal and approved.
2.8.4 Non-Hazardous Materials
The store for non-hazardous materials will be accommodated within the site office.
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Materials to be stored in this store shall include samples for review by consultants andinspectors.
2.8.5 Hazardous Materials
Hazardous materials shall include paints, oil, grease and fuel. The store for these materialsshall have iron sheet walling and roof and a waterproof concrete floor to contain spills.Storage and handling of all Hazardous chemicals shall be in accordance with manufacturer’sinstructions as outlined on the material safety data sheets.
2.8.6 Bulk Construction Materials
The bulk materials to be stored on site include: sand, ballast, stones, cement, quarry chipsand timber. These materials will be sourced from eastern and Nairobi provinces.
However, to avoid material accumulation with potential for obstructing site activities,inducing safety hazards and creating a nuisance in the neighborhood, the main contractorintends to have materials delivered in small quantities.
Timber will be used mainly for roofing, formwork, ceiling, joinery and other carpentryneeds. Most joinery works will be fixed at a workshop located outside the site before beingdelivered ready for installation. Formwork timber will be fixed at the site.
Consideration will be given to the working area and material storage requirements to ensurethere is no conflict with the movement of the workers.
2.8.7 Environmental, Health and Safety
Issues Associated with Material Handling & Storage.
Spills of materials Direct contact Fire Smelly emissions Stockpiling of bulk material
2.8.8 Potential Environmental Impacts Adverse human health Loss of life and/or property Nuisance to neighbors and staff Obstruction to movement
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Surface water pollution through storm water runoff Underground water pollution through leaching
2.8.9 Proposed Mitigation Measures
Provide workers with personal protective gear including gloves, respirators, safetyboots and coveralls
Maintain a file on material safety data sheets Storage of flammable materials shall be in appropriately bundled and secured
containers and in compliance with standards of fire safety regulations Use drip trays to collect waste oil and lubricants from stationery plant such as
concrete mixers and during servicing Provide adequate number of fire fighting equipment Train staff on spill response and management Maintain an inventory of all materials used at the site Provide adequate number of chemical spill control kits Document and display on site chemical spill response standard operating
procedure
2.9 Description of the Project’s Operational Activities.
Completion of construction activities will be followed by occupation of the units by Kiberaand Mukuru project affected persons (PAP)/tenants. Both solid and liquid wastes will beproduced during this phase of the project. To manage solid wastes (domestic), the PAPs willbe advised on clean management strategies for solid and liquid waste, thus contribute andpurchase litterbins.
Effluent from toilets and washrooms will be discharged into Nairobi City Council sewersystem located near the project site. On the other hand, storm water will be conveyed to thecouncil’s storm water drainage system.
Carpenters and plumbers among others will be contracted to carry out repairs and maintainthese flats during the operational phase of the project. Also ground man will be hired to dorepairs, painting and landscaping open spaces.
The activities to be carried out during the operation phase of the proposed project include:Living, cooking, washing, cleaning and storage of various household items.
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During decommissioning, buildings, pavements, drainage systems, parking areas andperimeter fence will be demolished in order to restore land to its original state. Differentkind of workers and equipments will be deployed to carry out these tasks. This will producea 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.Electrical installations, sewerage system, furniture, pipes and sinks among others will bedismantled during decommissioning of the project. The proponent is expected to recovermost materials for sale or future use.
Those that are obsolete or greatly damaged shall be disposed in authorized dumping sites andincinerate some to reduce their volume in the environment.
Demolition of buildings is a common phenomenon in many urban areas and basically thegeneral procedure is to demolish buildings, collect debris from site and use it as a basematerial in the new construction work or dump it in the NEMA approved dumpsite.
Decommissioning will also entail restoring the project area to its original state. Activitiesduring restoration include removal of debris, landscaping, planting of trees and removal ofbarriers among others. It will be upon the proponent and the contractor to ensure restorationis done in an orderly manner.
2.11 Responsibilities
2.11.1 Proponents’ Responsibilities. The Kenya Railways Corporation (KR) will have to ensure that all legal provisions
and standardization benchmarks are observed .In this regard, the proponent shallensure that:
Building materials are of high quality and from accredited dealers, Sanitary facilities are provided and hygiene observed, Avail a first aid tool kit, Ensure that any accident is well attended to and medical bills paid, All workers are duly compensated for their services, The proponent shall provide a room at the site for logistic purposes, and KR will provide a dressing room to all workers.
2.11.2 Contractors’ Responsibilities.
The contractor will have the following duties: Have an updated timetable of the progress documenting periods of each
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During the night, public holidays and any other time when no work is beingcarried out onsite, the contractor shall accommodate only security personnel andnever should a labor camp be allowed onsite,
The contractor shall make good at his own expense any damage he may cause topublic and private roads and pavements in the course of carrying out his work,
The architect shall define the area of the site, which may be occupied by thecontractor for use as storage, on the site,
The contractor and proponent shall provide at his own cost all water required foruse in connection with the works including the work of subcontractors, and shallprovide temporary storage tanks, The contractor shall make his own arrangementfor sanitary conveniences for his workmen,
The contractor shall take all possible precaution to prevent nuisance,inconvenience or injury to the neighboring properties and to the public generally,
The contractor shall take all effort to muffle the noises from his tools, equipmentand workmen to not more than 70 Decibels,
The contractor shall upon completion of working, remove and clear away allplant, rubbish and unused materials and shall leave the whole site in a clean andtidy state to the satisfaction of the Architect,
Construction standards and other codes are observed and given priority. Everymaterial to serve its purpose.
All the materials and workmanship used in the execution of the work shall be ofthe best quality and description.
2.12 Infrastructural Services:
2.12.1 Roads and Accessibility
The proposed site is situated in Mukuru, Kibera and Makadara along the Railway line. Thesites are very adjacent to the roads hence accessing the sites will have no difficult. Theproponent will be required to maintain or improve the current status of the road whiletransporting materials to the sites.
2.12.2 Sewage Disposal:
Sewage from the site will be disposed of in the existing CC sewerage system upon applicationand payment of necessary connection fees. The proponent is therefore advised to adequatelyconsult with the relevant authorities within CC for easy management of waste.
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The proponent will obtain water for domestic use from the council’s Water and SewerageCompany water supply network upon application and payment of the required fees. Allplumbing work shall be carried out using the engineer’s recommendation and materialsapproved by Kenya bureau of standards (KEBS).
2.12.4 Power Supply:
The contractor will need to apply to the Kenya Power and Lighting Company for authorityto connect to the existing National power grid. These include some of the services that willbe affected by the project within the neighboring estates.
2.12.5 Project Budget
The table 2.1 below summarizes the cost estimates for the entire project.
1. Boundary wall2. Proposed business stall and residential units alongthe wall3. Paved footpath on both sides4. Water supply and wastewater disposal system5. Footbridges6. Drainage works along the wall
1708174480 21622462
2Engineering Solution covering:
1. Boundary wall2. Proposed business stall and
residential units along the wall3. Paved footpath on both sides4. Water supply and wastewater disposal
system5. Footbridges6. Drainage works along the wall
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CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA
This chapter has information on the location, bio- physical, socio and economic aspects ofthe project area. These are elaborately discussed in order to identify areas likely to beaffected as a result of project activities. This study therefore considered the physical location,climate, geology, drainage, infrastructure, demography and socio- economic information ofKibera and Mukuru which are the informal settlements in close proximity to the CentralBusiness District of Nairobi City. This baseline report is not limited to the specific project siteit generally covers the greater Nairobi and not necessarily the Kibera and Mukuru areas ofNairobi where the project is specifically located along the Railway track.
3.1 Location of the Project Area
Fig: 3.1 a map of the project area in kibera
3.1 Climate
Nairobi enjoys a moderate climate. Under the Köppen climate classification, Nairobi has aSubtropical highland climate. The altitude makes for some chilly evenings, especially in theJune/July season when the temperature can drop to 10 °C (50 °F). The sunniest and warmestpart of the year is from December to March, when temperatures average the mid-twentiesduring the day. The mean maximum temperature for this period is 24 °C (75 °F).
There are two rainy seasons but rainfall can be moderate. The cloudiest part of the year isjust after the first rainy season, when, until September, conditions are usually overcast withdrizzle. As Nairobi is situated close to the equator, the differences between the seasons areminimal. The seasons are referred to as the wet season and dry season. The timing of sunriseand sunset varies little throughout the year, due to Nairobi's close proximity to the equator.
The project area is along the railway trackwithin the Right ofWay -60 Metres.
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3.2 Topography
Because of the nature of the underlying volcanic rocks and the relatively high rainfall,compared with other parts of the country, the area west of the meridian of Nairobi is fertileand well served by streams. The higher parts of the area are densely forested. Some of themost important crops grown include coffee, tea, and sisal while mixed farming is importantin some areas.
3.3 Physiography and Geology
Volcanic activity has dominated the geological history of the Nairobi area since Miocenetimes and has controlled the geomorphological evolution. A part from a few isolatedoccurrences of Precambrian and Quaternary rocks, the area is composed of volcanic rocksthat originated in the Rift region and flowed eastwards on to a warped and partly dissected,pre-Miocene erosion surface, cut across the older crystalline rocks.Four prominent physiographic units are recognized in the Nairobi area reflecting thevolcanic rock types and the tectonic movements which have affected them. They are thelava plains, the kikuyu highlands, the rift flank, and the Ngong hills.
3.4 Surface Water Resources
Most of the larger streams and rivers draining the Kikuyu highlands are perennial and thereis no shortage of water in the northern and north-western parts of the area, east of the RiftValley. On the lower ground to the east and south however, streams tend to dry up duringperiods of drought and supplies must be supplemented from dams and boreholes. Thestreams are frequently fed by springs that issue within the forest belt, the principaloccurrences being those at Kikuyu which feed the headwaters of the Nairobi River and theMbagathi springs feeding the Mbagathi River. Innumerable other small springs issue frombetween lava flows with differing porosity and permeability as a result of differing degrees ofvesicularity. Examples were noted within the Nairobi Municipality where the lavas areextremely hard but frequently have vesiculated upper surfaces, as well as in the highercountry where the trachytes and tuffs are relatively porous as well as permeable.
3.5 Environmental and Socio- Economic of Kibera and Mukuru
3.5.1 Kibera
The 2009 Kenya Population and Housing Census reported Kibera's population as 170,070.The Kibera slum was previously thought to be one of the biggest informal urban settlementsin the world.
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3.5.1.1 The Area Ecology and Vegetation
The development has not unduly interfered with the general ecology of the area. In aroundmost residential areas, houses have been developed with conservation of the vegetation inmind. To this extent, some indigenous trees, bushes and grasses have been conserved. Thehomesteads have also been planted with flowers and other exotic plants which allowconservation of bird and insect life.
Fig: 3.2 Vegetation at Kibera3.5.1.2 Water
Clean running water is a scarce expensive commodity for this community. Decades ago,when the river nearby was clean, residents had no problems with water. But as thepopulation in the slum grew the river was contaminated to a point where it is now evendangerous to bath in it. Few dare take the risk.
Water for daily use, therefore, has to be bought from the unscrupulous water vendors whoare connected to the council's water system. A 20-litre container costs three Kenyan shillingsand a small family requires three containers of water daily.
The cost raises to 20 shillings a container if the taps run dry. Nairobi taps run dry almostevery week. Slum dwellers pay street vendors five to 20 times for a litre of water, what theirmore affluent neighbours pay for municipal supplies.
3.5.1.3 Sanitation, Liquid Waste and Drainage
Various facilities and systems are presently in use within Kibera for management of excretaand wastewater. The systems comprise both on-site and off-site methods. However, all the
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management systems cannot adequately meet the demand of the high population and in mostcases, poorly maintained and operated. The main methods of excreta management practicedin the settlement are through: Individual pit latrines (both traditional and VIP) Public communal latrines Septic tanks and sewer connections Flying toilets and containers. Open defecation.
Toilets fill up fast and require emptying though there are no roads to access the area. Thus,this results to pit latrines being allowed to discharge directly into nearby drains or roadsideditches and Rail wayside ditches more cutting. During the rainy seasons, some residents openthe pits so that sewage flows into the drains in combination with the storm water andsullage.The filth and sewage runoff from the Kibera slums flows through ditches and runsinto the already highly polluted Nairobi River, which is used downstream for people washingtheir clothes.
3.5.1.4 Solid Waste Management
In both Kibera and Mukuru, There is no planned site for garbage disposal along the reserve.The major dumping site is the railway line and any available open space in thesettlements. The garbage disposed is both biodegradable and non-biodegradable. Waste waterdisposal from households is poured outside the house or onto the track.
In wider Kibera the current solid waste disposal practices involve open and haphazarddumping of garbage and rubbish in open areas and by the roadsides in the settlement. Thereare no designated collection points, and due to poor access, collection is always going to bedifficult. It is reported that in Silanga, the youths have initiated a collection strategy to havethe community collected household waste in polythene bags. The waste bags are collectedtwice a week at an agreed fee. Poor disposal of solid wastes affects the management ofsanitation facilities, causing problems with on-site sanitation and blocking of sewers andRailway line.
3.5.1.5 Socio- Economic activities
Kibera is divided into 13 villages of informal settlements, including Kianda, Soweto,Gatwekera, Kisumu Ndogo, Lindi, Laini Saba, Siranga/Undugu, Makina and Mashimoni.While poverty pervades Kibera the entrepreneurial spirit is very high. As one walksthroughout the settlement there are rows and rows of makeshift shops selling all kinds ofcommodities. They even have little pharmacies, butcheries, nightclubs and bed and breakfastfacilities. The big difference is that all these will be housed in makeshift structures.
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There are many primary schools, the majority owned by private individuals but theconditions are appalling. Kibera is also now a prime target for several NGOs who source hugesums of money from foreign donors for the upgrading of the slum. The money is, however,chewed up by salaries and sumptuous living of the NGO officials who are only seen thefollowing year when they package yet another sad project proposal for presentation todonors.
3.5.2 Mukuru Slum
With a staggering population of well over 600,000 people, the sanitation conditions in theMukuru slums almost constitute a humanitarian crisis. The conditions in Mukuru areappalling, lacking basic drainage, waste disposal facilities and clean water supply. Worse still,most of the waste generated drains into the Ngong River, which traverses right through themiddle of the slum, leaving it almost choked with litter and highly contaminated.
Donors like European Union have been funding projects to increase access to sanitationfacilities for the Mukuru residents. The interventions were designed to establish reliable andsustainable arrangements for the provision and management of sanitation services. The mainfeature of the project in Mukuru include provision of ablution blocks, with combined toilet,bathing, laundry and water selling facilities; as well as training and social marketing to createbehavior change and stimulate demand for sanitation services. Objectives of these projectsinclude the following: Improving the health status of slum residents through provision of sanitation facilities
and creating awareness and behaviour change in sanitation practices To promote environmental sanitation by providing water supply and appropriate
human waste disposal facilities in Mukuru slums; To build the community capacity to undertake and manage water and sanitation
facilities on a sustainable basis; To increase awareness and stimulate demand for sanitation services through training
and social marketing events.
3.6 Transport
Kibera has a railway station, but due to absence of effective commuter train system inNairobi, most Kibera and Mukuru residents use buses and Matatus to reach city centre.However, riding the Matatus proves to be considerably dangerous, due to the occasionalcarjacking that goes on in Nairobi especially in the evenings and at the end of the month.Irresponsible driving in the area and poor traffic law enforcement also makes travel perilous.
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3.7 Energy Supply
The major sources of energy in Mukuru and Kibera slums include kerosene and charcoal.Electricity use is increasing as a result of the KPLC initiative to provide the service toinformal settlements. Major businesses using electricity are barbers, timber go-downs, mills,hair salons and other general shops that remain open late into the night. In addition,charcoal made from recycled material is also becoming a common source of fuel.
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CHAPTER 4: RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORKS
This ESIA has been prepared to fully comply with environmental legislations and proceduresof the World Bank and those of Kenya. These World Bank Safeguard policies will be takeninto account along with Kenyan legislations during project implementation. There aresignificant similarities between World Bank safeguard policies and existing Laws in Kenya.However, in the event of disagreement between Kenyan Laws and World Banks safeguardspolicies that of the World Bank will take preeminence
4.1 World Bank Safeguard Policies
4.1.1 Environmental Assessment: OP/BP 4.01
The objective of this policy is to ensure that Bank-financed projects are environmentallysound and sustainable, and that decision-making is improved through appropriate analysis ofactions and of their likely environmental impacts. This policy is triggered if a project is likelyto have potential (adverse) environmental risks and impacts on its area of influence. OP 4.01covers impacts on the natural environment (air, water and land); human health and safety;physical cultural resources; and trans-boundary and global environment concerns.
A range of instruments can be used to conduct Environmental Assessments i.e. EIA,environmental audit, hazard or risk assessment and environmental management plan (EMP).The Borrower is responsible for carrying out the EA. The Kibera-Mukuru Railway lineproject has already been subjected to an EIA to meet this policy requirement which makesthe proposed project eligible for the World Bank financing.
4.1.2 Natural Habitats: OP/BP 4.04
This policy recognizes that the conservation of natural habitats is essential to safeguard theirunique biodiversity and to maintain environmental services and products for human societyand for long-term sustainable development. The Bank therefore supports the protection,management, and restoration of natural habitats in its project financing, as well as policydialogue and economic and sector work. The Bank supports, and expects borrowers to apply,a precautionary approach to natural resource management to ensure opportunities forenvironmentally sustainable development. Natural habitats are land and water areas wheremost of the original native plant and animal species are still present.
Natural habitats comprise many types of terrestrial, freshwater, coastal, and marineecosystems. They include areas lightly modified by human activities, but retaining theirecological functions and most native species.
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This policy is triggered by any project (including any subproject under a sector investment orfinancial intermediary) with the potential to cause significant conversion (loss) ordegradation of natural habitats, whether directly (through construction) or indirectly(through human activities induced by the project)The impacts assessment postulates no significant conversion or degradation of naturalhabitats. Potential impacts on habitat, project and site alternatives have been identified andmitigation measures proposed and given due consideration in the Environmental andManagement Plan (EMP).
4.1.3 Forests: OP/BP 4.36
The objective of this policy is to assist borrowers to harness the potential of forests to reducepoverty in a sustainable manner, integrate forests effectively into sustainable economicdevelopment and protect the vital local and global environmental services and values offorests. Where forest restoration and plantation development are necessary to meet theseobjectives, the Bank assists borrowers with forest restoration activities that maintain orenhance biodiversity and ecosystem functionality. The Bank assists borrowers with theestablishment of environmentally appropriate, socially beneficial and economically viableforest plantations to help meet growing demands for forest goods and services.
This policy is triggered whenever any Bank-financed investment projecti. Has the potential to have impacts on the health and quality of forests or the rights and
welfare of people and their level of dependence upon or interaction with forests; orii. Aims to bring about changes in the management, protection or utilization of natural
forests or plantations.
The area along the proposed Railway line reserve does not have any forest or individuallyowned trees which will be fell down hence no compensation required.
4.1.4 Physical Cultural Resources: OP/BP 4.11
The objective of this policy is to assist countries to avoid or mitigate adverse impacts ofdevelopment projects on physical cultural resources. For purposes of this policy, "physicalcultural resources" are defined as movable or immovable objects, sites, structures, groups ofstructures, natural features and landscapes that have archaeological, paleontological,historical, architectural, religious, aesthetic, or other cultural significance. Physical culturalresources may be located in urban or rural settings, and may be above ground, underground,or underwater. The cultural interest may be at the local, provincial or national level, orwithin the international community.
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This policy applies to all projects requiring a Category A or B Environmental Assessmentunder OP 4.01, project located in, or in the vicinity of, recognized cultural heritage sites, andprojects designed to support the management or conservation of physical cultural resources.Physical cultural resources and cultural heritage sites are not located in the project area andthus, it will not trigger OP 4.01
4.1.5 Indigenous Peoples: OP/BP 4.10
The objective of this policy is toi. Ensure that the development process fosters full respect for the dignity, human rights,
and cultural uniqueness of indigenous peoples;ii. Ensure that adverse effects during the development process are avoided, or if not
feasible, ensure that these are minimized, mitigated or compensated; andiii. Ensure that indigenous peoples receive culturally appropriate and gender and inter-
generationally inclusive social and economic benefits.
The project will affect people living in the project area (railway line reserve) thus triggeringOP/BP 4.10. The inhabitants are divided into 13 villages of informal settlements, includingKianda, Soweto, Gatwekera, Kisumu Ndogo, Lindi, Laini Saba, Siranga/Undugu, Makina andMashimoni and in Mukuru into three villages(Sinai,Kwa Njeng And Kwa Reube). Some withsmall businesses within the railway reserve who will have to be relocated and compensated.
4.1.6 Involuntary Resettlement: OP/BP 4.12
The objective of this policy is to
i. Avoid or minimize involuntary resettlement where feasible, exploring all viablealternative project designs;
ii. Assist displaced persons in improving their former living standards, income earningcapacity, and production levels, or at least in restoring them;
iii. Encourage community participation in planning and implementing resettlement; andiv. Provide assistance to affected people regardless of the legality of land tenure.
This policy covers not only physical relocation, but any loss of land or other assets resultingin:
i. Relocation or loss of shelter;ii. Loss of assets or access to assets;
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iii. Loss of income sources or means of livelihood, whether or not the affected peoplemust move to another location.
It also applies to the involuntary restriction of access to legally designated parks andprotected areas resulting in adverse impacts on the livelihoods of the displaced persons.The proposed project is going to displace people and some will lose their property. Displacedpersons should be assisted by KRC in their efforts to improve their former production levels,income carrying capacity, and living standards, or at least restore them to levels they wouldhave been without the project. The cost associated with this has been provided in RAPreport for the same.
4.1.7 Projects in International Waters: OP 7.50
The objective of this policy is to ensure that Bank-financed projects affecting internationalwaterways would not affect:
i. Relations between the Bank and its borrowers and between states (whether membersof the Bank or not); and
ii. The efficient utilization and protection of international waterways.
The policy applies to the following types of projects:a) Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage,
industrial and similar projects that involve the use or potential pollution ofinternational waterways; and
b) Detailed design and engineering studies of projects under (a) above, include thosecarried out by the Bank as executing agency or in any other capacity.
This policy is triggered ifa) Any river, canal, lake or similar body of water that forms a boundary between, or any
river or body of surface water that flows through two or more states, whether Bankmembers or not;
b) Any tributary or other body of surface water that is a component of any waterwaydescribed under (a); and
c) Any bay, gulf strait, or channel bounded by two or more states, or if within one staterecognized as a necessary channel of communication between the open sea and otherstates, and any river flowing into such waters.
There are no transboundary rivers, canals, lakes or similar body of water in the project area(Mukuru, Kibera and Makadara). It is only dominated by three small rivers that are used byresidents mainly for domestic use. This means therefore that this policy will not be triggered.
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4.1.8 Projects in Disputed Areas: OP 7.60
The objective of this policy is to ensure that projects in disputed areas are dealt with at theearliest possible stage:
a) So as not to affect relations between the Bank and its member countries;b) So as not to affect relations between the borrower and neighboring countries;c) So as not to prejudice the position of either the Bank or the countries concerned.
This policy is triggered if the proposed project will be in a "disputed area". Questions to beanswered include:
i. Is the borrower involved in any disputes over an area with any of its neighbors?ii. Is the project situated in a disputed area?
iii. Could any component financed or likely to be financed as part of the project besituated in a disputed area?
The consultant did not come across any disputed area along the proposed line since theRailway reserve is the property of the Kenya Railway Corporation. The table below shows asummary of World Bank Safeguard Policies
World Bank safeguard policy Triggered (√) Not triggered(x)OP/BP 4.01-Environmental Assessment √Natural Habitats: OP/BP 4.04 XForests: OP/BP 4.36 XPhysical Cultural Resources: OP/BP 4.11 XIndigenous Peoples: OP/BP 4.10 √Involuntary Resettlement: OP/BP 4.12 √Projects in International Waters: OP 7.50 XOP 7.60 Projects in Disputed Areas X
Table: 4.1 Summary of World Bank Safeguard Policies
4.2 Kenya’s Environmental Legal Framework
4.2.1 The Environment Management and Co-ordination Act, 1999
Part II of the Environment Management & Coordination Act, 1999 states that every personin Kenya is entitled to a clean and healthy environment and has the duty to safeguard andenhance the environment. In order to partly ensure this is achieved, Part VI of the Actdirects that any new programme, activity or operation should undergo environmental impact
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assessment and a report prepared for submission to the National Environmental ManagementAuthority (NEMA), who in turn may issue a license as appropriate.
Part VIII section 72 of the Act prohibits discharging or applying poisonous, toxic, noxious orobstructing matter, radioactive or any other pollutants into aquatic environment. Section 73require that operators of projects which discharges effluent or other pollutants to submit toNEMA accurate information about the quantity and quality of the effluent. Section 74demands that all effluent generated from point sources be discharged only into the existingsewerage system upon issuance of prescribed permit from the local authorities or from thelicensee. Finally, section 75 requires that parties operating a sewerage system obtain adischarge license from NEMA to discharge any effluent or pollutant into the environment.
Section 87 Sub-section 1 states that no person shall discharge or dispose of any wastes,whether generated within or outside Kenya, in such a manner as to cause pollution to theenvironment or ill health to any person, while section 88 provides for acquiring of a licensefor generation, transporting or operating waste disposal facility. According to section 89, anyperson who, at the commencement of this Act, owns or operates a waste disposal site or plantor generate hazardous waste, shall apply to the NEMA for a licence. Sections 90 through 100outline more regulations on management of hazardous and toxic substances including oils,chemicals and pesticides.
Finally the Environmental Impact Assessment Guidelines require that a study be conductedin accordance with the issues and general guidelines spelt out in the Second and Thirdschedules of the Environmental Regulations (2003). These include coverage of the issues onSchedule 2 (ecological, social, landscape, land use and water considerations) and generalguidelines on Schedule 3 (impacts and their sources, project details, national legislation,mitigation measures, a management plan and environmental auditing schedules andprocedures.
The Proponent has commissioned the environmental impact assessment study in compliancewith the Act. The environmental management and monitoring plan laid out in this reportshall be adhered to by the Proponent.
4.2.2 Kenya Railways Corporation Act (Cap. 397, 1979)
Rail transport is the second most important mode of transport in Kenya, after road transport.The nature of Kenya Railways, its operations and business are defined by this Act. (KenyaGovernment 1979)
Currently, operations of Kenya Railways lie on a national network of railway tracks coveringa total distance of 2,778 km. The land corridor on which the rail tracks are laid belongs to
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Kenya Railways. Under the Vesting of Land Order of 1996 made under the Act, KenyaRailways owns the land extending 60 metres on either side of a main running line.
The proposed project is located entirely within the land corridor of the Nairobi-Mombasamain railway line and will run for a distance of 2 km, and extend a further 200 metres onland leased by Kenya Railways. The Kenya Railways (Amendment Act of 2005) amends Cap397 in so far as concession arrangements are concerned. Specifically this relates to facilitationof concession of railway operations and business only, otherwise the original statute is stilloperational in its aims, objectives and jurisdiction.
4.2.3 Public Health Act (Cap. 242)
Part IX, section 115, of the Act states that no person/institution shall cause nuisance orcondition liable to be injurious or dangerous to human health. Section 116 requires thatLocal Authorities take all lawful, necessary and reasonably practicable measures to maintaintheir jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable tobe injurious or dangerous to human health. Such nuisance or conditions are defined undersection 118 and include nuisances caused by accumulation of materials or refuse which in theopinion of the medical officer of health is likely to harbour rats or other vermin.
The environmental management plan (EMP) advices the Proponent on safety and healthaspects, potential impacts, personnel responsible for implementation and monitoring,frequency of monitoring, and estimated cost.
4.2.4 Local Authority Act (Cap. 265)
Section 160 helps local authorities ensure effective utilization of the sewages systems. Section170, allows the right to access to private property at all times by local authorities, its officersand servants for purposes of inspection, maintenance and alteration or repairs of sewers.
The Act under section 176 gives powers to local authority to regulate sewage and drainage,fix charges for use of sewers and drains and require connecting premises to meet the relatedcosts.
According to section 174, any charges so collected shall be deemed to be charges for sanitaryservices and will be recoverable from the premise owner connected to the facility. Section264 also requires that all charges due for sewage sanitary and refuse removal shall berecovered jointly and severally from the owner and occupier of the premises in respect ofwhich the services were rendered. This in part allows for application of the “polluter-pays-principle”
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Section 163 allows the County Council to prohibit all business, which may be or become asource of danger, discomfort, or annoyance due to their noxious nature through smoke,fumes, dust, noise, or vibrations. Section 165 allows the local authority to refuse to grant orrenew any license which is empowered in this act or any other written law on the groundsthat the activity does not conform to the requirements of any by-laws in force in the area ofsuch local authority the granting of the license would be contrary to the public interest.
Part XI section 168 provides that every municipal council, town council or urban councilmay establish and maintain sewerage and drainage works within or without its area ofjurisdiction. For purposes of the land required for such development, section 144 states inpart “A local authority may, subject to the approval of the Minister, apply to the governmentor any other authority having power to acquire land required for purposes of any of itsfunctions, to be acquired compulsorily for and on behalf of, and at the expense of the localauthority”. The Act, however, does not indicate the repercussions of impacts on landowners.Section 160 helps local authorities ensure effective utilization of the sewerage systems. Itstates in part that municipal authorities have powers to establish and maintain sanitaryservices for the removal and destruction of, or otherwise deal with all kinds of refuse andeffluent and where such service is established, compel its use by persons to whom the serviceis available. However, to protect against illegal connections, section 173 states that anyperson who, without prior consent in writing from the council, erects a building on: excavateor opens-up: or injures or destroys and sewers, drains or pipes shall be guilty of an offence.Any demolitions and repairs thereof shall be carried out at the expense of the offender.
For maintenance of such sewerage systems, the following relevant clauses have been drawnfrom section 169 of the Act that reads in part “A municipal council may for purposes ofcarrying out any drainage or sewerage works------”:“--------cause such sewers, drains and pipes to be made, altered, deepened, covered, laid andmaintained either within or without as may be necessary for effectively disposing of thesewage and draining of its area -------““-------carry such sewers, drains and pipes through, across, or under any public road, street,square or open place laid out for public road, street, square or open space without payingcompensation and after giving 30 days notices in writing to the owner or occupier of theintention to do so ------““------from time to time alter, enlarge, divert, discontinue, close-up or destroy any sewers,drains, or pipes under its control ------“Section 170, allows the right of access to private property at all times by local authorities, itsofficers and servants for purposes of inspection, maintenance and alteration or repairs. Inaddition, the municipal Council may establish and maintain sewage farms or disposal works,and dispose of the effluent there from, but shall not be liable for any nuisance or damage as aconsequence of proper and ordinary conduct of the sewage farms or disposal works (section171). To ensure sustainability in this regard, the local authority is empowered to make by-
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laws in respect of all such matters as are necessary or desirable for the maintenance of health,safety and wellbeing of the inhabitants of its area as provided for under section 201 of theAct.
To ensure sustainability in this regard, the local authority is empowered to make by-laws inrespect of all such matters as are necessary or desirable for the maintenance of health, safetyand wellbeing of the inhabitants of its area as provided for under section 201 of the Act.
The Proponent shall observe the guidelines as set out in the environmental management andmonitoring plan laid out in this report as well as the recommendation provided formitigation/minimisation/avoidance of adverse impacts arising from the project activities.
The regulation provides that a waste generator shall use cleaner production methods,segregate waste generated and the waste transporter should be licensed. The notice furtherstates no person shall engage in any activity likely to generate any hazardous waste without avalid Environmental Impact Assessment licence issued by the National EnvironmentManagement Authority. Hazardous waste will not be generated from this development. Theproject proponent will ensure that waste is segregated and a licensed waste transporter iscontracted to disposed solid waste.
This Legal Notice on Water Quality provides that anyone who discharges effluent into theenvironment or public sewer shall be required to apply for Effluent Discharge License. Thelicense for discharge is Ksh 5,000 while annual license fee for discharge into the environmentwill be Ksh. 20,000 or Ksh 100,000 depending on the facility. Non compliance with theregulations attracts a fine not exceeding Ksh 500,000 and the polluter pay principle mayapply depending on the court ruling. Table 4.1 below, gives waste water discharge guidelinesfrom NEMA.
Table: 4.2 Quality Standards for Sources of Domestic Water
Table: 4.2 Quality Standards for Sources of Domestic Water
Nil means less than limit of detection using prescribed sampling and analytical methods andequipment as determined by the Authority.And any other parameters as may be prescribed by the Authority from time to time
4.2.7 Waste Management Standards (Legal Notice 61: The Environmental Management andCoordination (Noise and Excessive vibration pollution) (Control) Regulations, 2009
This regulation prohibits any person to cause unreasonable, unnecessary or unusual noisewhich annoys, disturbs, injures or endangers the comfort, repose, health or safety of othersand the environment.
Part 11 section 6(1) provides that no person is shall cause noise from any source whichexceeds any sound level as set out in the First Schedule of the regulations.
4.2.8 Physical Planning Act, 1996
The Local Authorities are empowered under section 29 of the Act to reserve and maintain allland planned for open spaces, parks, urban forests and green belts. The same section,therefore allows for the prohibition or control of the use and development of land andbuildings in the interest of proper and orderly development of an area.
Section 24 of the Physical Planning Act gives provision for the development of local physicaldevelopment plan for guiding and coordinating development of infrastructure facilities and
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services within the area of authority of County, municipal and town council and for specificcontrol of the use and development of land. The plan shows the manner in which the land inthe area may be used.
Section 29 of the physical Planning Act gives county councils power to prohibit and controlthe use of land, building, and subdivision of land, in the interest of proper and orderlydevelopment of its area.
The same section also allows them to approve all development applications and grantdevelopment permissions as well as to ensure the proper execution and implications ofapproved physical development plans. On zoning, the act empowers them to formulate by-laws in respect of use and density of development.
Section 30 states that any person who carries out development within an area of a localauthority without development permission shall be guilty of an offence and the developmentshall be invalid.
The act also gives the local authority power to compel the developer to restore the land onwhich such development has taken place to its original conditions within a period of ninetydays. If no action is taken, then the council will restore the land and recover the costincurred thereto from the developer. In addition, the same section also states that no personshall carry out development within the area of a local authority without developmentpermission granted by the local authority.
At the same time, sub-section 5, re-enforce it further that, no licensing authority shall grantunder any written law, a license for commercial use for which no development permissionhad been granted by the respective local authority.
Section 36 states that if in connection with development application a local authority is ofthe opinion that, the proposed activity will have injurious impact on the environment, theapplicant shall be required to submit together with the application an Environmental ImpactAssessment report. The environmental impact assessment report must be approved by theNational Environmental Management Authority (NEMA) and followed by annualenvironmental audits as spelled out by EMCA 1999. Section 38 states that if the localauthority finds out that the development activity is not complying to all laid downregulations, the local authority may serve an enforcement notice specifying the conditions ofthe development permissions alleged to have been contravened and compel the developer torestore the land to it's original conditions.
The Proponent has applied for Development Permission from the local authority and hasalso commissioned an environmental impact assessment study for approval by NEMA.
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4.2.9 Land Planning Act (Cap. 303)
Section 9 of the subsidiary legislation (The Development and Use of Land Regulations, 1961)under this Act requires that before the local authorities submit any plans to then Minister forapproval, steps should be taken as may be necessary to acquire the owners of any landaffected by such plans.
4.2.10 Water Act, 2002
The Water Act Cap 372 vests the rights of all water to the state, and the power for thecontrol of all body of water with the Minister, the powers is exercised through the Ministerand the Director of water resources in consultation with the water catchments boards, itaims at provision of conservation of water and appointment and use of water resources.
Part II Section 18 provides for national monitoring and information systems on waterresources. Following on this, Sub-section 3 allows the Water Resources ManagementAuthority to demand from any person, specified information, documents, samples ormaterials on water resources. Under these rules, specific records may be required to be keptand the information thereof furnished to the authority on demand.
Section 25 of the Act requires a permit to be obtained for among others any use of waterfrom a water resources, discharge of a pollutant into any water resource. According tosection 29 of the same Act, application for such a permit shall be subject to publicconsultation as well as an environmental impact assessment as per the EnvironmentalManagement and Coordination Act, 1999. The conditions of the permit may also be varied ifthe authority feels that the water so used is causing deterioration of water quality or causingshortage of water for other purposes that the authority may consider has priority. This isprovided for under section 35 of the Act.
Section 73 of the Act allows a person with a license to supply water (licensee) to makeregulations for purposes of protecting against degradation of sources of water which he isauthorised to take. Under the Act, the licensee could be a local authority, a private Trust oran individual and the law will apply accordingly under the supervision of the RegulatoryBoard.
Section 76 states that no person shall discharge any trade effluent from any trade premisesinto sewers of a licensee without the consent of the licensee upon application indicating thenature and composition of the effluent, maximum quantity anticipated, flow rate of theeffluent and any other information deemed necessary. The consent shall be issued on
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conditions including the payment rates for the discharge as may be provided under section77 of the same Act.
The proposed site shall include the construction of drainage channels for the Management ofwaste water. Bund walls and paved surface will be constructed so as to contain oil spills.
4.2.11 Electricity Power Act (No. 11 of 1997)
The Electric Power Act (Kenya_Government 1997) deals with generation, transmission,distribution, supply and use of electrical energy as well as the legal basis for establishing thesystems associated with these purposes. In this respect, the following environmental issueswill be considered before approval is granted:1. The need to protect and manage the environment, and conserve natural resources;2. The ability to operate in a manner designated to protect the health and safety of theproject employees; the local and other potentially affected communities.Under schedule 3 of the Electric Power (licensing) Regulations 2003, it is mandatory tocomply with all safety, health and environmental laws. Moreover, schedule 2 (regulation 9)of the Electric Power (licensing) Regulations 2003 stipulates that licensing and authorisationto generate and transmit electrical power must be supported by the following documentswhich are approved by NEMA.
Environmental Impact Assessment report (EIA report) or Initial Environmental Audit report (IEA report) and Environmental Management & Monitoring Plan (EMMP).
4.2.12 Building Code 1968
Section 194 requires that where sewer exists, the occupants of the nearby premises shallapply to the local authority for a permit to connect to the sewer line and all the wastewatermust be discharged into sewers. Currently, the Building Code is under Review.
4.2.13 Penal Code Act (Cap.63)
Section 191 of the penal code states that if any person or institution that voluntarily corruptsor foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guiltyof an offence.
Section 192 of the same Act says a person who makes or vitiates the atmosphere in any placeto make it noxious to health of persons /institution, dwelling or business premises in theneighborhood or those passing along public way, commits an offence.
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The Proponent shall observe the guidelines as set out in the environmental management andmonitoring plan laid out in this report as well as the recommendation provided formitigation/minimization/avoidance of adverse impacts arising from the project activities.
4.2.14 Wildlife Conservation and Management Act, Cap 376
This Act provides for the protection, conservation and management of wildlife in Kenya. Theprovisions of this Act should be applied in the management of the project.Part III Section 13 subsection (I) stipulates that any person who not being an officer of KenyaWildlife Service hunts any animal in a National Park shall be guilty of a forfeiture offenceand liable to a fine or imprisonment. Subsection 2 of the Act likewise provides that anyperson who, without authorization conveys into a National Park, or being within the areathereof, in possession of, any weapon, ammunition, explosive, trap or poison, shall be guiltyof a forfeiture offence.
The Act provides that no person is allowed to use any aircraft, motor vehicle or mechanicallypropelled vessel in such a manner as to drive, stampede or unduly disturb any protectedanimal or game animal. Therefore it will be prudent that the construction workforce isconversant with the provisions of this Act.
4.2.15 The Lakes and Rivers Act Chapter 409 Laws of Kenya:
This Act provides for protection of rivers, lakes and associated flora and fauna. Theprovisions of thisAct may be applied in the management of the project.
4.2.16 Forestry Services Act, 2005
The Act led to the establishment of Kenya Forest Service which is charged with managementof forests in consultation with the forest owners. The body enforces the conditions andregulations pertaining to logging, charcoal making and other forest utilization activities. Toensure community participation in forest management, the service collaborates with otherorganizations and communities in the management and conservation of forests and for theutilization of the biodiversity.
Section 43 (1) provides that if mining, quarrying or any other activity carried out in theforest, where the activity concerned is likely to result in forest cover depletion, the personresponsible shall undertake compulsory re-vegetation immediately upon the completion ofthe activity.
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4.2.17 Occupational Safety and Health Act (OSHA), 2007
Before any premises are occupied, or used as a workplace, a certificate of registration must beobtained from the Director of Occupational Safety and Health Services. The Act provides forthe health, safety and welfare for employees at workplaces. This shall be considered at theconstruction, implementation and decommissioning phases of the project.
4.2.17.1 Health
The premises must be kept clean; a premise must not be overcrowded. The circulation offresh air must secure adequate ventilation of workrooms. There must be sufficient andsuitable lighting in every part of the premise in which persons are working or passing. Thereshould also be sufficient and suitable sanitary conveniences separate for each sex, must beprovided subject to conformity with any standards prescribed by rules. Food and drinksshould not be partaken in dangerous places or workrooms. Provision of suitable protectiveclothing and appliances including where necessary, suitable gloves, footwear, goggles, gasmasks, and head covering, and maintained for the use of workers in any process involvingexpose to wet or to any injurious or offensive substances.
4.2.17.2 Safety
Fencing of premises and dangerous parts of other machinery is mandatory. Training andsupervision of inexperienced workers, protection of eyes with goggles or effective screensmust be provided in certain specified processes. Floors, passages, gangways, stairs, andladders must be soundly constructed and properly maintained and handrails must beprovided for stairs. Special precaution against gassing is laid down for work in confinedspaces where persons are liable to overcome by dangerous fumes. Air receivers and fittingsmust be of sound construction and properly maintained.
Adequate and suitable means for extinguishing fire must be provided in addition to adequatemeans of escape in case of fire must be provided.
4.2.17.3 Welfare
An adequate supply of both quantity and quality of wholesome drinking water must beprovided.
Maintenance of suitable washing facilities, accommodation for clothing not worn duringworking hours must be provided. Sitting facilities for all female workers whose work is donewhile standing should be provided to enable them take advantage of any opportunity forresting.
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Every premise shall be provided with maintenance, readily accessible means forextinguishing fire and person trained in the correct use of such means shall be present duringall working periods.
Regular individual examination or surveys of health conditions of industrial medicine andhygiene must be performed and the cost will be met by the employer. This will ensure thatthe examination can take place without any loss of earning for the employees and if possiblewithin normal working hours.The (OSH) Act provides for development and maintenance of an effective programme ofcollection, compilation and analysis of occupational safety. This will ensure that healthstatistics, which shall cover injuries and illness including disabling during working hours, areadhered.
The environmental management plan (EMP) advices the Proponent on safety and healthaspects, potential impacts, personnel responsible for implementation and monitoring,frequency of monitoring, and estimated cost.
4.2.18 The Traffic Act Chapter 403 Laws of Kenya
This Act consolidates the law relating to traffic on all public roads. The Act also prohibitsencroachment on and damage to roads including land reserved for roads. The project isunder the provision of the Act.
4.2.19 Food Drugs and chemicals substances Act (Cap 254)
The purpose of this Act is to make provisions for the prevention of adulteration of food,drugs and chemical substances.
4.2.20 The Way leaves Act Cap 292
According to the Way leaves Act cap 292 Section 2, Private land does not include any landsold or leased under any Act dealing with Government lands. Section 3 of the Act states thatthe Government may carry any sewer, drain or pipeline into, through, over or under anylands whatsoever, but may not in so doing interfere with any existing building. Section 8further states that any person who, without the consent of the Permanent Secretary to theMinistry responsible for works (which consent shall not be unreasonably withheld), causesany building to be newly erected over any sewer, drain or pipeline the property of theGovernment shall be guilty of an offence and liable to a fine of one hundred and fiftyshillings, and a further fine of sixty shillings for every day during which the offence iscontinued after written notice in that behalf from the Permanent Secretary; and the
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Permanent Secretary may cause any building erected in contravention of this section to bealtered, demolished or otherwise dealt with as he may think fit, and may recover anyexpense incurred by the Government in so doing from the offender.
4.2.21 The Registration of Titles Act Cap 281
Section 34 of this Act states that when land is intended to be transferred or any right of wayor other easement is intended to be created or transferred, the registered proprietor or, if theproprietor is of unsound mind, the guardian or other person appointed by the court to act onhis/her behalf in the matter, shall execute, in original only, a transfer in form F in the FirstSchedule, which transfer shall, for description of the land intended be dealt with, refer to thegrant or certificate of title of the land, or shall give such description as may be sufficient toidentify it, and shall contain an accurate statement of the land and easement, or theeasement, intended to be transferred or created, and a memorandum of all leases, charges andother encumbrances to which the land may be subject, and of all rights-of-way, easementsand privileges intended to be conveyed.
4.2.22 The Land Titles Act Cap 282
The Land Titles Act Cap 282 section 10 (1) states that there shall be appointed and attachedto theLand Registration Court a qualified surveyor who, with such assistants as may be necessary,shall survey land, make a plan or plans thereof and define and mark the boundaries of anyareas therein as, when and where directed by the Recorder of Titles, either before, during orafter the termination of any question concerning land or any interest connected therewith,and every area so defined and marked shall be further marked with a number of otherdistinctive symbol to be shown upon the plan or plans for the purposes of completeidentification and registration thereof as is herein after prescribed.
4.2.23 The Land Acquisition Act Chapter 295 Laws of Kenya
The Act provides for the compulsory or otherwise acquisition of land from private ownershipfor the benefit of the general public. Section 3 states that when the Minister is satisfied onthe need for acquisition, notice will be issued through the Kenya Gazette and copiesdelivered to all the persons affected. Full compensation for any damage resulting from theentry onto land to do things such as survey upon necessary authorisation will be undertakenin accordance with section 5 of the Act. Likewise where land is acquired compulsorily, fullcompensation shall be paid promptly to all persons affected in accordance to sections 8 and10 along the following parameters:
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The value of the property in the opinion of the Commissioner of land ( aftervaluation),
Amount of the compensation payable, Market value of the property, Damages sustained from the 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 the land owners, Damages from diminution of profits of the land acquired.
Part II of the Act allows for the temporary acquisition of the land for utilisation in promotionof the public good for periods not exceeding 5 years. At the expiry of the period, theCommissioner of Land shall vacate the land and undertake to restore the land to theconditions it was before. Any damages or reduction of value shall be compensated to thelandowners.
These regulations were published as legal Notice No. 61 being a subsidiary legislation to theEnvironmental Management and Co-ordination Act, 1999. The regulations provideinformation on the following:
Prohibition of excessive noise and vibration Provisions relating to noise from certain sources Provisions relating to licensing procedures for certain activities with a potential of
emitting excessive noise and/or vibrations and Noise and excessive vibrations mapping
According to regulation 3 (1), no person shall make or cause to be made any loud,unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers thecomfort, repose, health or safety of others and the environment. Regulation 4 prohibits anyperson to (a) make or cause to be made excessive vibrations which annoy, disturb, injure orendanger the comfort, repose, health or safety of others and the environment; or (b) cause tobe made excessive vibrations which exceed 0.5 centimeters per second beyond any sourceproperty boundary or 30 metres from any moving source.
Regulation 5 further makes it an offence for any person to make, continue or cause to bemade or continued any noise in excess of the noise levels set in the First Schedule to theseRegulations, unless such noise is reasonably necessary to the preservation of life, health,safety or property. Please see. Table: 4.3 and 4.4 below
Regulation 16 (1) stipulates that where a sound source is planned, installed or intended to beinstalled or modified by any person in such a manner that such source shall create or is likelyto emit noise or excessive vibrations, or otherwise fail to comply with the provisions of theseRegulations, such person shall apply for a licence to the Authority.
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According to regulation 18 (6) the license shall be valid for a period not exceeding seven (7)days Regulation 19 (1) prohibits any person to carry out activities relating to fireworks,demolitions, firing ranges or specific heavy industry without a valid permit issued by theAuthority. According to sub regulation 4, such permit shall be valid for a period notexceeding three months.
The project proponent will be required to comply with the above mentioned regulations inorder to promote a healthy and safe working environment.
4.3 Relevant Policies
4.3.1 Draft National Wetlands Conservation and Management 2003
The draft National Wetlands policy recognizes the importance of wetlands in developmentand the need to conserve and protect our wetlands. The project in question has the potentialof polluting the wetlands in the area as a result of oil spills. The draft policy proposesmechanisms for protecting wetlands from agricultural, industrial and municipal activities.
Section 4.6 on Pollution, Eutrophication and Salinisation of the wetland policy recognizesthe threat facing wetlands due to industrial activities including power generation which haveoften led to oil pollution and reclamation. The draft policy recognizes that the quality ofmany water sources in Kenya has declined as a result of municipal, agricultural and industrialwastes/ discharges. These have negatively impacted water quality and biodiversity within thewetland ecosystems thereby reducing their values. Increased nutrient loads have led toeutrophication and episodes of algal blooms in wetlands near major settlements. In certainareas excessive abstraction of fresh waters, diversions, and catchment degradation, have ledto increased salinity.
The draft Policy proposes the need for effluent discharges into wetlands and (excessive)abstraction of water be strictly regulated and requires meeting laid down standards andregulations. For this to be achieved the policy will require enhanced coordination of allleading agencies dealing with natural resource management, including local authorities andagriculture. The policy proposes the following which is relevant to this study.
Appropriate measures shall be taken to protect riverbanks and lakeshores. Dumping of waste in wetlands shall be disallowed and disposal sites close to wetlands
shall be subjected to EIA. Any effluent discharged into wetlands shall be treated to meet appropriate
wastewater standards beforehand. Environmentally friendly farming techniques that reduce nutrient silt and pollutant
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Public awareness on proper management of waste including reduction, reuse andrecycling shall be promoted.
Coordination and enforcement of sectoral laws shall be enhanced The draft Policy is in response to the government’s responsibilities under the Ramsar
Convention.
The policy takes cognizance of broader national environmental frameworks, particularly theNational Environment Action Plan (NEAP) process and the National Biodiversity Strategyand Action Plan (NBSAP), both of which put great emphasis on the need to take proper careof the country’s wetlands. The National Environment Management and Coordination Act(EMCA 1999), the country’s premier framework environmental law, also provides for theconservation and management of wetlands.
4.3.2 Draft Environmental Policy 1999
Kenya had been without a functional environmental policy for some time. It’s until 1999 didthe stakeholders started to prepare a comprehensive policy on environment anddevelopment after the enactment of the EMCA 1999. However the policy is still just a paperthat is yet to be made into a working document. The relevant section of the draft policy is onenergy. The draft policy relevance to this project is on the sections on energy resources,waste management, pollution and atmospheric resources sections.
4.3.3 Waste Management
Wastes from thermal energy generation include used oil, used oil filters and other parts thatare replaced from the gensets. Wastes from the gensets can have properties, which includebeing radioactive, toxic, explosive, corrosive, flammable, infectious, or other characteristicscausing or likely to cause danger to human health or the environment, whether alone ortogether with other wastes. Inadequate management of solid wastes and effluents can havedevastating and often irreversible effects on the environment. Wastes emanating fromindustries and factories in the form of effluents tend to find their way in to waters and soils,thereby making them less habitable for living organisms. Solid wastes disposed of in the opendumps or crude sanitary landfills are health hazards.
4.3.4 Environmental Challenges
These include:
Weak enforcement of existing laws and regulations, unrealistic penalties, inadequatehuman resources to monitor and enforce regulations, and cumbersome procedures.
Absence of discharge standards and methods for measuring the quality and quantityof effluents.
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Inadequate incentives to encourage adoption of efficient waste managementtechnologies.
Insensitivity of industry to the legal requirements for health and safety in theworkplace.
Low priority and status given to waste management and sanitation. Inadequate training facilities for occupational health and safety services.
4.4 Relevant International Conventions and Treaties
Kenya is signatory to several international conventions and treaties that would need to beadhered to in implementing this project and are geared towards environmental protectionand conservation. Some of these include;
a) ILO Conventions ratified by Government of Kenya- Kenya have ratified 43 ILOconventions and those that are relevant to this study includes
i. Safety and Health in Construction Recommendation, 1988ii. Recruiting of Indigenous Workers Convention, 1936 (No.50)
iii. Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64)iv. Minimum Age Convention, 1973 (No.138) Minimum age specified: 16 yearsv. Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143)
b) United Nations Framework Convention on Climate Changec) Convention on Wetlands or the Ramsar Conventiond) Convention on Biodiversitye) The Convention on International Trade in Endangered Species (CITES)f) Convention on the Conservation of Migratory Speciesg) United Nations Convention to Combat Desertificationh) Important Bird Areasi) The World Heritage Conventionj) UNESCOs Man and Biospherek) New Partnership for Africa Development (NEPAD)l) East African Community.
The Ministry of Foreign Affairs deals with international treaties at the primary stages ofnegotiation. The ministry offers advisory guide to the government on the need to ratify sucha treaty if considered to be of national interest. Implementation portfolio then moves to theline ministry, relevant departments and co-operating agencies.
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CHAPTER FIVE: CONSULTATION AND PUBLIC PARTICIPATION
5.1 Sources of Information
Public participation exercise for the assessment was carried out from 16 th January to 28th
January 2011. The exercise was conducted through key informant interviews, meetings anddiscussions. The key informants were mainly council officer in charge of works, projectforeman, neighboring tenants, organizations and institutions. The list of some of those whoparticipated is presented in appendix in this report.
5.2 Major Environmental Concerns /Opinions
5.2.1 Noise and Vibration
There was concern over the possibility of high noise and vibration levels in the project site asa result of excavation, construction and demolition works. The source of noise pollution willinclude transport vehicles, construction machinery and metal grinding and cuttingequipment. Excavations will cause vibrations; however, the proponent will take appropriatesteps to minimize noise impacts including provision of appropriate protective equipment toconstruction workers, planning and minimizing the frequency materials transport andensuring that all equipment are well maintained.
5.2.2 Water Shortage
There was still uncertainty over the prevailing water condition in the area from theMunicipal council in the site. The proponent was requested to ensure that water storagetanks are put in place as a back up system incase of water shortage problems.
5.2.3 Dust Generation
The participants expressed concern over possibility of generation of large amounts of dustwithin the project site and surrounding areas as a result of demolition, excavation works andtransportation of building materials. The proponent will ensure that dust levels at the site areminimized through sprinkling water in areas being excavated and along the tracks used bythe transport trucks within the site. Additional mitigation measures presented in this reportwill be fully implemented to minimize the impacts of dust generation.
5.2.4 Transport Trucks
Concern was raised over the heavy transport trucks that will be turning around the projectsite while delivering construction materials. In addition to contribution of noise and
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emission of exhaust fumes around the premises, such trucks may slow down traffic flowalong the busy Likoni Road, Mombasa Road Road and the Kibera roads. The proponent willput in place measures to address such concerns by ensuring that construction vehiclespreferably deliver materials during off-peak hours when traffic volume is low. In addition,the mitigation measures outlined in Chapters 7 and 8 will be fully implemented to addressenvironmental issues relating to construction trucks.
5.2.5 Environmental Aesthetics
It was seen that the aesthetics of the area would be affected negatively during construction.It was suggested that the proponent should ensure high hygiene standards within thepremise and surrounding areas during construction possibly by landscaping. More so via theprescribed EMP, the proponent shall put in place several measures aimed at ensuring highstandards of hygiene and housekeeping within the building and surrounding areas.
5.2.6 Employment Opportunities
The persons interviewed were positive that during construction, the project will createnumerous employment opportunities for the local residents many of whom being the joblessyouths in both Kibera and Mukuru areas.
5.2.7 Social and Economic Effects.
The persons interviewed in both Kibera and Mukuru Feared losing their property such asmarket stalls, location, loss of social network, shelter and income from their business. TheRap proposes that the development of business and residential units along the wall in Kibera,and relocation of all the PAPs in Mukuru to relocation units constructed within the KRCRoW situated between Lunga Lunga and Likoni Bridges. It is proposed that each of the PAPsrelocated to a residential or business unit along the wall in Kibera and in the Lunga Lunga-Likoni Bridge Row. Mukuru PAPs will be granted a lease to the unit. The term of the leaseshould be 45 years to ensure security of tenure for the PAPs.
5.3 Other Concerns
a) Business competition will intensify.b) Some neighbors will be affected by too much noise and exhaust fumes from the
parking lot. Those who benefited from the current condition of the area will beaffected e.g. the person planting the Kales (Sukuma Wiki), cabbage, sweet potatoesNapier grass and maize in the railway Right of Way along the railway line.
c) Water table of the underground water will be affected and there may be increase ofleakages in main pipes.
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d) Fears of ground water contamination were expressed.e) Relocation will affect those who own temporary structure which they rent to tenants.f) The residents will lose contact with their neither on either side of the railway line
due to a barrier created by the boundary wall.g) Human traffic jam will be experienced more especially in the morning and evening
for those who are working.h) More crime will emerge as a result of being housed in one storey unitsi) 9 HIV and AIDS will increase as a result.
5.4 Positive Comments about the Project from the Participants
Employment opportunities will increase Business opportunities will increase Security will be generally be increased Availability and accessibility to sanitary Toilets at the housing units market stall. Availability and accessibility to water and electricity
5.5 Suggestions Made By the Participants
The welfare and comfort of the community and neighbours should be consideredseriously by the developer.
The proponent should consider employing local construction workers. The environment and public health should be protected from degradation. Housing units to be constructed before relocation and demonization. Schools for children to be constructed and be provided with water, electricity and
sanitary facilities. More bridges to be constructed to enable accessibility to either side of the railway line
in both Kibera and Mukuru. Vulnerable groups(orphans, weak and old) be considered Drainage facilities be constructed It was requested that the width size of the foot path be increased from 3 M to 5 M so
as to accommodate motor cycle, bicycle and hand carts transport. The projectengineer will give recommendations and advice the community that the 5 M footpathis wide enough to accommodate the type of motorized transport.
5.6 Community and Stakeholder Engagement
While this EIA reports on the consultation and disclosure undertaken as part of the EIA, it is
acknowledged that consultation is an ongoing process and forms part of the life cycle of the
project and social corporate governance of the sponsor. KRC as part of its Environmental
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CHAPTER SIX: ANALYSIS OF ALTERNATIVES OF THE PROJECT
6.1 Introduction
This section analyses the project alternatives in terms of site, technology scale and wastemanagement options. It also looks at uncertainties during the project cycle. It should benoted that within the comparison of the different options, the construction of a boundarywall, relocation units, footpath, market stalls and foot bridges option was taken intoconsideration due to the reasons of relocation management.
6.2 Relocation Option
Relocation option to a different site is an option available for the project implementation. Atpresent the developer does not have an alternative site. This means that he has to look for theland. Looking for the land to accommodate the scale and size of the project and completingofficial transaction on it may take a long period although there is no guarantee that the landwould be available. Assuming that the land is available the cost of constructing it alone maycome to millions of Kenya shillings. The developer would also have spent another one yearon design and approvals since design and planning has to be one according to site conditions.
Project design and planning before the stage of implementation will cost the developer moreand whatever has been done and paid to date will be counted as a loss to Kenya RailwayCorporation (the developer). Assuming the project will be rejected by the relevantauthorities including NEMA, this project would have been delayed for a long period of timebefore implementation. This is a delay that our economy can ill afford. This would also leadto a situation like No Project Alternative. The other consequence of this is that it would be adiscouragement for Kenya Railway Corporation to design and implement modern marketstalls, housing units bridges and footpaths in response to increasing demands for safety a longthe Railway line from increasing sub urban populations.
6.3 Proposed construction alternative
Under the proposed construction alternative, the Proponent would be issued with an EIALicense. In issuing the license, NEMA would approve the Proponent’s proposed constructionof the boundary wall, housing units, Market stalls, bridges and footpaths provided allenvironmental measures are complied with during the planning and design construction,operation and decommissioning phases. Due to NEMA approval, construction and operationof the proposed Project, the following will be experienced:
Reduced derails and improve transportation of goods both locally and internationallyand help reduce the traffic congestion on the highway;
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The Proponent will be able to put the reserve land to a better use to benefit both thelocals and the government of Kenya at large.
Employment opportunities will be created from the proposed Project; and generategovernment revenue through charges on the use of the facilities provided.
The living standards of the slum dwellers will improve thus helping in thegovernment to achieve the vision 2030.
The slum dwellers will appreciate as a result of more people accessing quick andquality railway transport to the city.
6.4 No Project Alternative
The No Project option in respect to the proposed project implies that the status quo ismaintained. This option is not the suitable alternative from an extreme environmentalperspective as it ensures non-interference with the existing conditions. This option willinvolve several losses both to the Kenya Railways Corporation (landowner) and thecommunity as a whole. The landowner continues to pay for compensation on accidents andloss of property caused by the people in the informal settlement. The No Project Option isthe least preferred from the socio-economic and environmental perspective due to thefollowing factors.
The economic status Kenyans and the local people of Kibera and Mukuru wouldremain unchanged.
The local skills would remain underutilized. Reduced commercial activities due to lack of facilities in the community where the
project is proposed. Reduced interaction both at local, national and international levels. No employment opportunities will be created for thousands of Kenyans who will
work in the boundary wall, market stalls in the project area. Increased urban poverty and crime in Kenya.
From the analysis above, it becomes apparent that the No Project alternative is not the bestoption to the proponent, Kenyans and the Government of Kenya.
6.5 Analysis of Alternative Construction Materials and Technology
The building will be constructed using modern, locally and internationally acceptedmaterials to achieve public health, safety and environmental aesthetic requirements.Equipment that saves energy and water will be given first priority without compromising oncost or availability factors. The concrete pillars and walls will be made using locally sourcedstones, cement, sand (washed and clean), metal bars and fittings that meet the Kenya Bureauof Standards requirements.
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Beautiful and durable clay tiles will be used because they are good in heat insulation ascompared to the iron sheet roofs. This will ensure that the rainwater harvested will be usedelsewhere. Heavy use of timber during construction is discouraged because of destruction offorests. The exotic species would be preferred to indigenous species in the constructionwhere need arise.
6.6 Solid waste management alternatives
A lot of wastes will be generated from the proposed Project. An integrated solid wastemanagement system is recommendable. The Proponent will also manage the wastesgenerated in accordance with Waste Management Regulations of 2006. The proponent willgive priority to reduction at source of the materials. This option will demand a solid wastemanagement awareness programme in the management and the tenants.
Recycling, reuse and composition of the waste will be the alternative in priority. This willcall for a source separation programme to be put in place. The waste will be sold to wastebuyers within region or be collected by a private waste management company. The otherpriority in the hierarchy of options is combustion of the waste that is not recyclable. Finally,sanitary land filling will be the last option for the proponent to consider.
6.7 Uncertainties in the Project Cycle
Uncertainties may arise during the project cycle from a variety of aspects in anydevelopment and include the following.
i. Changes that may occur in baseline conditions due to external factors over thelifetime of the project.
ii. Uncertainties related to policy initiatives that might influence the assessment offuture baseline and post development conditions.
iii. Uncertainties in design information, which in the current state is dealt with by a gooddefinition of design parameters for the development.
iv. Uncertainty with respect to project implementation and planning, since the detailedprogram and means of construction may be influenced by the choice of contractor,and the detailed design of the development.
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CHAPTER SEVEN: IMPACTS OF THE PROPOSED PROJECT
7.1 Introduction
This chapter identifies both positive and Negative Impacts associated with the ProposedProject. These impacts are hereby identified at three distinct phases of the project;Construction Phase, Operation Phase and Decommissioning Phase.
The project being a national development agenda in the transport sector has immensebenefits that could save the country losses in terms of accidents, poor service delivery, timelosses and loss of government revenue. However poor planning of the project could alsoaffect the environment that supports millions of Kenyans through the potential hazards thatthe project could pose to the public like pollution of water and atmospheric resources. Theproject impacts are classified as positive or adverse. However, the study goes further tocategorize the impacts in terms of their magnitude, significance, time of occurrence, extent,reversibility and scope of the impacts.
7.2 Positive Impacts during Construction Phase
A number of positive impacts associated with the proposed Project during construction phaseare as discussed below;
7.2.1 Employment Opportunities
With the construction boundary wall, storey units, markets stall, bridges and footpaths of theProject, there will be employment opportunities especially for casual workers from theKibera and Mukuru informal settlements. Creation of employment opportunities has botheconomic and social benefit. In the economic benefit, abundant unskilled labour will be usedin economic production while socially the young and energetic otherwise poor people willbe engaged in productive employment other than remaining idle. Employees with diverseskills are expected to work on the site during the construction period. Unskilled employeeswill gain some skills.
7.2.2 Gains in the Local and National Economy
There will be gains in the local and national economy as a result of the construction of theproposed Project, through consumption of locally available materials including: timber,metals and cement. The consumption of these materials in addition to fuel oil for the
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machines to be used at the site and others will attract taxes including Value Added Tax(VAT) and Income Tax which will be payable to the government. The cost of the materialswill be payable directly to the suppliers.
7.2.3 Provision of Market for Supply of Building Materials
The project will require supply of large quantities of building gravel and other materials to beextracted from the borrow pits. Most of these materials will be sourced locally from thesurrounding areas. This provides ready market for building material suppliers such asquarrying companies, hardware shops and individuals with such materials.
7.2.4 Informal Sectors Benefits
During construction phase of Mukuru and Kibera Project, the informal sectors aretemporarily likely to benefit from the operations. This will involve kiosk operators who willbe selling food to the workers on site. This will finally promote Jua Kali (informal sector)entrepreneurs at Kibera and Mukuru area for the period that the construction will be takingplace.
7.2.5 Environmental Benefits
The Kenya Railway Corporation project has a potential for contributing to the good of theenvironment of both Kibera and Mukuru. The project will supply good housing units, gooddrainage systems public toilets to the area
7.2.6 Improved Security
Security will be ensured around the project area through distribution of serviceable securitylights and presence of 24-hour security guards. This will lead to improvement in the generalsecurity in the surrounding area.
7.3 Negative Impacts during Construction Phase
7.3.1 Increased Soil Erosion
Clearance of land and excavation works will lead to increased soil erosion in the project siteand release of sediments into the drainage systems. Uncontrolled soil erosion can haveadverse effects on the local water sources.
The undertaking of earthworks will result in removal of top soils, this exposing theunderlying soils making them susceptible to erosion by the elements i.e. soil and wind.
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Borrow pits will be created in areas where material (usually soil, gravel or sand) will beexcavated for use in the proposed project. This borrow pits will degenerate into artificialbonds and breeding grounds for mosquitoes and other vermin if not properly handled.
Excavation related activities may also lead to general terrestrial degradation as well as that ofsurface and sub-surface water resources. If any hazardous materials will be used in any aspectof construction, there is potential for their introduction into the environment and sub-sequent transfer to the soils and water resources.
Compaction of excavated areas will result in reduced percolation rates of surface run-off,translating into higher surface water flow rates and an increase in capacity to carry awayloose top-soils. This will result in a lowering in the quality of the receiving water bodies dueto siltation and potential for altering their thermal characteristics.
7.3.2 Vegetation clearing
Before the construction begins there will be need for the clearing of existing vegetationcover, especially within areas where the walls and storey units will be constructed moreespecially in area of no informal settlements. This will lead to loss of existing flora throughthe clearing process. Loss of flora will also lead to increased erosion as a result of unstable topsoil, resulting in soils with lower nutrient content.
7.3.3 Extraction and use of raw materials
Building materials such as hard core, ballast, cement, rough stone and sand required forconstruction will be obtained from quarries and sand mines whereby this involves extractingfrom natural resource banks, such as rivers and land. Since substantial quantities of thesematerials will be required for construction, the availability and sustainability of suchresources at the extraction sites will be strained as they are not renewable. The project in thecontract will require hard core, ballast, rough stone and sand gravel This will require extractionof a substantial amount of such materials from the natural environment thus resulting toformation of borrow pits.
7.3.4 Exhaust Emissions
The trucks used for transporting various building materials from their sources to the projectsite. It contributes to increases in emissions of CO2, NO and fine particulates along the wayas a result of diesel combustion. Such emissions can lead to several environmental impactsincluding global warming and health impacts. Because large quantities of building materialsare required, some of which are sourced outside Municipal Council, such emissions can beenormous and may affect a wider geographical area. The impacts of such emissions can be
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greater in areas where the materials are sourced and at the construction site as a result ofrunning vehicle engines, frequent vehicle turning and slow vehicle movement in the loadingand offloading areas.
7.3.5 Noise and Vibration
The construction works, delivery of building materials by heavy trucks and the use ofmachinery/equipment including bulldozers, generators, metal grinders and concrete mixerswill contribute high levels of noise and vibration within the construction site and thesurrounding area. Elevated noise levels within the site can affect project workers and theresidents, passers-by and other persons within the vicinity of the project site.
7.3.6 Storage of materials
Poor of storage of building materials may result in damaged goods. Such goods cannot beused fot the intended purposes, and will end up entering the environment. Storage ofmaterials therefore needs assessing capacity to withstand the weather and the elements, andprovision made to shelter susceptible materials.
7.3.7 Dust emissions
Dust pollution is likely to occur during loading and transportation of the constructionmaterial. It will be generated along haulage tracks, and at the concrete mixing works.
7.3.8 Water Use
The construction activities will require large quantities of water which is supplied by aMunicipal on site. Water will mainly be used for concrete mixing, curing sanitary andwashing purposes. Excessive water use may negatively impact on the ground water sourceand its sustainability and it may even extend to great lake of Africa.
7.3.9 Drainage
Changes in surface topography alter the flow of water over the terrain. Construction ofimpervious surfaces such as the parking lot and roofs increase the volume and rate of runoffthat may swell the volume of local water courses and bodies, and through enhanced rechargerates and flow conditions.
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Construction of housing unit, market stalls and paved footpaths may result in additionalrunoff through creation of impervious areas and compacted soils. Impervious areas andcompacted soils generally have higher runoff coefficients than those natural, as witnessed byincreased flooding incidences in built-up areas.
7.3.11 Liquid waste generation (grey water)
It is anticipated that the crews will be provided with personal hygiene conveniences such asshowers, to clean up after a days’ work. This will generate shower and wash room wastewater, referred to as grey water.
7.3.12 Liquid waste generation (black water)
The construction workers will generate ablution waste during their day-to-day operations.The generated waste needs proper handling to prevent outbreaks of diseases such as cholera,typhoid and diarrhoea.
7.3.13 Solid Waste Generation
Large quantities of solid waste will be generated as a result of excavation of the site anddemolitions of the informal structures after relocation. In addition, more solid waste will begenerated at the site during construction of the building and related infrastructure. Suchwaste will consist of metal cuttings, rejected materials, surplus materials, surplus spoil,excavated materials, empty cartons, empty paint and solvent containers, broken glass amongothers. Such solid waste materials can be dangerous to the environment through blockage ofdrainage systems, choking water bodies and negative impacts on human and animal health.This is accentuated by the fact that some of the waste materials contain hazardous substancessuch as paints, cement, adhesives and cleaning detergents while some of the waste materialsincluding metal cuttings and plastic containers are not biodegradable and can have long-termand cumulative effects on the environment.
7.3.14 Energy Consumption
The project will use fossil fuels (mainly diesel) to run transport vehicles and constructionmachinery. Fossil energy is non-renewable and its excessive use may have seriousenvironmental implications on its availability, price and sustainability. The project will alsouse electricity supplied by Kenya Power & Lighting Company (KPLC) Ltd. Electricity inKenya is generated mainly through natural resources, namely water and geothermalresources. In this regard there will be need to use electricity sparingly since highconsumption of electricity negatively impacts on these natural resources and theirsustainability.
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7.3.15 Risks of Accidents and Injuries to Workers
Because at the intensive engineering and construction activities including erection andfastening of roofing materials, metal grinding and cutting, concrete work, steel erection andwelding among others, construction workers will be exposed to risks of accidents andinjuries. Such injuries can result to accidental falls from high elevations, injuries from handtools and constructor equipment cuts from sharp edges of metal sheets and collapse ofbuilding sections among others.
Impacts on human health and safety from the borrow pits are likely to arise from generationof dust and settlement of particulate matter on property and in dwellings near the pitsespecially during the dry season. This could lead to irritation of the eyes, respiratorycomplications and aggravation of asthma to those that are afflicted. Borrow pits nearcommunities could become breeding areas for mosquitoes during the rainy season shouldthey become inundated with water. The healthy and safety of children who may use theflooded borrow pits as play grounds and contract water borne diseases such as bilharzias orpossibly drown is also of concern. Negative human health impacts will also increase the riskof the spread of HIV and AIDS through introduction of extra human activities at borrow pitsites by construction equipment operators from outside the project area.
7.3.16 Clearance of Temporary Shades
The proposed site currently contains temporary shades and wooden structures which areused as family houses, hotels and Kiosks, churches, schools and offices for socialorganizations. These shades/structures will have to be cleared to pave way for construction.Plates below show some of the structures that will be demolished.
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Fig: 7.1 Trading Stalls
Fig: 7.2 Kenya Railway Track
7.4 Positive impacts of Operational activities
7.4.1 Provision of business facilitiesThe project will provide modern and decent housing units, market stalls and footpaths toKibera and Mukuru residents. This impact will be significant since the two areas arecurrently experiencing a shortage of such decent premises and this will improve the livingstandards.
7.4.2 Employment OpportunitiesSome people will be employed by the project as management and enforcement agents,caretakers, cleaners, security personnel and technicians.
7.4.3 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authoritythe project will contribute towards the national and local revenue earnings.
7.4.4 Improved Security
Lockable stalls increase safety for goods and commodities of business operators. Residentialhouseholds also benefit from better security.
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7.4.5 Water and SanitationThe project will improve delivery of portable water and effective and accessible sanitationservices.
7.4.6 DrainageOverall, the hydrology and drainage of the railway line will be improved due to theupgrading of the footpath and drainage structures such as bridges, culverts and other cross-drainage facilities like side drains
7.4.7 Track maintenance improvement
The standard of track maintenance will improve as a result of reduced waste disposal hencean increase in operational speeds leading to improved freight carriage by the RVR.
7.4.8 Infrastructure Growth
With the required railway corridor, the planned commuter and Standard Gauge railway canbe developed with ease, greatly impacting on economic growth in Kenya in line with Vision2030
7.4.9 Pedestrian Traffic
Provision of a footpath and overhead footbridges to divert the human traffic away from therailway reserve is a great benefit to the community. The footpath will further foster easieraccess to other areas and social services (particularly health facilities) with the resultantimprovement in trade and commercial activities.
7.4.10 Improvement of Commuter Service
Improvement of railway commuter services will lead to more transport options, leading to acheaper and more reliable transport system.
7.4.11 Improved Livelihood
Lighting and increased availability of customers increases the vibrancy of businesses as aresult of extended hours of operating as well as strengthening the symbiotic relationshipbetween the businesses and the surrounding formal estates.
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7.5 Negative Impacts of Operational Activities
7.5.1 Solid Waste Generation.
The project is expected to generate enormous amounts of solid waste during its operationphase. The bulk of the solid waste generated during the operation of the project will consistof food remains, plastics, old clothes, metal, textile and organic wastes. Such wastes can causeblockage to drainage systems, choking of water bodies and negative impacts on animalhealth. Some of these waste materials especially the plastics/polythenes which are notbiodegradable may cause long-term injurious effects to the environment.
7.5.2 Water Use
The activities during the operation phase of the project will involve the use of largequantities of water. This includes the flush toilets in the housing units and in the marketstalls. This will result to increased demand for water which may exceed supply capacity
7.5.3 Waste Waters/ Effluence.
Liquid wastes will originate from kitchen, bathroom, toilets and washing operations. Thosefrom the kitchen will be composed of fats, oil and grease while waste water from bathroomand washing will have a lot of detergents.
7.5.4 Increased Demand for Sanitation
The project involves the construction of a housing units and market stalls. This will lead toincreased demand for sanitation and sewage disposal
7.5.5 Increased Storm Water Flow.
The building roofs and pavements will lead to increased volume and velocity of storm wateror run-off flowing across the area covered by the houses. This will lead to increased amountsof storm water entering the drainage systems, resulting in overflow and damage to suchsystems in addition to increased erosion or water logging in the neighboring areas.
7.5.6 Energy Consumption.
During occupation, the tenants will use electricity for lighting, cooking, running of airconditioning equipment and other similar activities. Since electricity generation involvesutilization of natural resources, excessive electricity consumption will strain the resourcesand negatively impact on their sustainability.
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7.5.7 Loss of Social Networks
Significant social impact will result from loss of social networks as the proposed wall willseparate the direct interaction that has existed between groups on opposite sides of the track.
7.5.8 Loss of Business and Property
Some of the loyal customers may be blocked on the other side of the wall.
7.5.9 Energy Consumption
During operation the market stalls and housing units will use a lot of electrical energymainly for domestic and commercial purposes including lighting, welding, cooking, runningof air conditioning equipment, running of refrigeration systems, ironing and pumping waterinto reservoirs tanks. Since electricity generation involves utilization of natural resources,excessive electricity consumption will strain the resources and negatively impact on theirsustainability. Another possible source of energy is the use of cooking gas which if not wellhandled may cause fires and damage to human life and property.
7.6 Positive Impacts of Decommissioning Activities
7.6.1 Rehabilitation
Upon decommissioning the project, rehabilitation of the project site will be carried out torestore the site to its original status. This will include replacement of topsoil and re-vegetation which will lead to improved visual quality of the area.
7.6.2 Employment OpportunitiesSeveral employment opportunities will be created for demolition staff.
7.7 Negative Impacts of Decommissioning Activities
7.7.1 Solid Waste
Demolition of the project buildings and related infrastructure will result in large quantities ofsolid waste. The waste will contain the materials used in construction including concrete,metal, drywall, wood, glass, paints, adhesives, sealants and fasteners. Although demolitionwaste is generally considered as less harmful to the environment since they are composed ofnet materials. There is growing evidence that large quantities of such waste may lead torelease of certain hazardous chemicals into the environment. In addition, even some
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generally non-toxic chemicals such as chloride, sodium, sulphur and ammonia which may bereleased as a result of leaching of demolition waste re known to lead to degradation ofgroundwater quality.
7.7.2 Dust
Large quantities of dust will be generated during exaction and demolition works: This willaffect excavation and demolition staff as well as the neighboring tenants.
7.7.3 Noise and VibrationThe excavation and demolition works will lead to significant deterioration of the acousticenvironment within the project site and the surrounding areas.
7.8 IMPACTS MITIGATION AND MONITORING
This chapter highlights the necessary mitigation measures that will be adopted to prevent orminimize significant negative environmental, health and safety impacts associated withactivities of the project during its construction, operation and decommissioning phases.Allocation of responsibilities, timeframe and estimated costs for implementation of thesemeasures are presented in the environmental management programme (EMP) in Chapter 9.
7.8.1 Mitigation of Construction Phase Impacts
7.8.1.1 Efficient Sourcing and Use of Raw Materials
The proponent will source building materials such as sand, ballast and hard core fromregistered quarry and sand mining firms, whose projects have undergone satisfactoryenvironmental impact, assessment/audit and received NEMA approval. Since such firms areexpected to apply acceptable environmental performance standards, the negative impacts oftheir activities at the extraction sites are considerably well mitigated. To reduce the negativeimpacts on availability and sustainability of the materials, the proponent will only order forwhat will be required through accurate budgeting and estimation of actual constructionrequirements. This will ensure that materials are not extracted or purchased in excessivequantities. Moreover, the proponent will ensure that wastage, damage or loss (through runoff, wind, etc) of materials at the construction site is kept minimal, as these would lead toadditional demand for and extraction or purchase materials. In addition to the abovemeasures, the proponent shall consider reuse of use and reuse of recycled building materials.This will lead to reduction in the amount of raw materials extracted from natural resources iswell as reducing impacts at the extraction sites.
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7.8.1.2Earth works
Excavation of overburden will be required before construction begins. The proponent willundertake the following: Demarcation and fencing-off of the project area within which construction works
will take place Earth and limited moving machinery and construction vehicles shall only operate on
designated haulage routes. The Excavated soil during the construction will not be disposed. It is recommended
that part of the topsoil excavated from the proposed construction site be re-spread inareas to be landscaped.
The excavated spoil material should be stored in such a manner to prevent wash awayby rain.
Cut slopes from excavation should be stabilized by planting with suitable, slopestability reinforcing grasses.
Construction and excavation works shall be undertaken during dry periods, as far aspossible.
Leveling of the project site will be undertaken in such a manner as to reduce surfacerunoff velocity and permit increased infiltration.
Ensure that earth moving vehicles are restricted to designated roads to avoid soilcompaction within the project site.
Ensure that any compacted areas are ripped up to reduce run-off. Site excavation works to be planned such that a section is completed and configured
before work begins on another section. Sprinkle water on exposed dusty surfaces to reduce dust generation by construction
activities. Avoid earthworks in extremely dry conditions. Ensure strict compliance with on-site speed limits. Stockpiling topsoil for use in the rehabilitation of borrow pits where extraction of gravel has been exhausted; and Rehabilitating each borrow pit each time gravel extraction has been exhausted or at the
end of the contract.
7.8.1.3 Minimization of Vegetation Disturbance
Clearance of part of the vegetation at the project site to pave way for construction will beinevitable. However, the proponent will ensure proper demarcation project area to beaffected by the construction works. This will be aimed at ensuring that any disturbance toflora and fauna is restricted to the actual project area and avoid spill over effects on theneighboring areas. In the same vein, there will be strict control of construction vehicles toensure that they operate only within the area to be disturbed by access routes other works.
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Another important measure aimed at reducing disturbance of vegetation in the project areawill be preservation of individual trees within the site. In addition, the proponent hascommitted himself to re-vegetation of some of the disturbed areas through implementationof a well designed landscaping programme. It is recommended that part of the topsoilexcavated from the construction site be re-spread in areas to be landscaped to enhance planthealth.
7.8.1.4 Minimization of Storm Water Run-off and Soil Erosion
The proponent of the project Road will put in place some measures aimed at minimizing soilerosion and associated sediment release from the project site during construction.These measures will include terracing and levelling the project site to reduce run-off velocityand increase infiltration of rain water into the soil. In addition, construction vehicles will berestricted to designated areas to avoid soil compaction within the project site, while anycompacted areas will be ripped to reduce run-off. Increased runoff from paved grounds andexpansive roofs causing extreme flooding and overflows of drainage systems shall bemitigated. Surface runoff and roof water shall be harvested and stored in undergroundreservoir for reuse. A storm water management plan that minimizes impervious areainfiltration by use of recharge areas and use of detention and/or retention with graduatedoutlet control structures will be designed.Excavations at the site will be restricted to the sections where the boundary wall, housingunits, market stalls drainage channels and footpaths will be. Excavated earth will be heldaway from trenches and on locations of the site not susceptible to surface runoff of stormwater. The earth removed for external disposal will require to be deposited on sites withoutthe risk of being washed down during rains and where it will not compromise other land useactivities in those areas. Caution will be required during construction at times of heavy rains.
Re-vegetate exposed areas around the site so as to mitigate erosion of soil by stormwater runoff.
The final site grade should facilitate drainage and avoid flooding and pooling. A sitedrainage plan should be developed to protect against erosion.
Installation of drainage trenches, construction of runoff and retention ponds isnecessary.
Minimization of disturbances and scarification of the surface should be observed toreduce erosion impacts.
All slopes and working surfaces should be returned to a stable condition and topsoilon the final site would be graded and planted as appropriate.
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It is recommended that demolition and construction waste is recycled to ensure thatmaterials that would otherwise be disposed of as waste are diverted for productive uses. Inthis regard, the proponent is committed to ensuring those construction materials leftover atthe end of construction will be used in other projects rather than being disposed of. Inaddition drainage or wasted construction materials including cabinets, doors, plumbing andlighting fixtures, marbles and glass will be recovered for refurbishing and use in otherprojects. Such measures will involve the sale or donation of such recyclable/reusablematerials to construction .companies local community groups, institutions and individualresidents or home owners.
The proponent will put in place measures to ensure that construction materials requirementsare carefully budgeted and to ensure that the amount of construction materials left on siteafter construction is kept minimal. It further recommended that the proponent shouldconsider the use of recycled or refurbished construction materials. Purchasing and usingonce used or recovered construction materials will lead to financial savings and reduction ofthe amount of construction debris disposed of as waste. Additional recommendations forminimization of solid waste during construction of the project include:
Additional recommendations for minimization of solid waste during construction of theproject include:
a) Use of durable, long- lasting materials that will not need to be replaced as often,thereby reducing the amount of construction waste generated over time;
b) Provision of facilities for proper handling and storage of construction materials toreduce the amount of waste caused by damage or exposure to the elements;
c) Use of building materials that have minimal packaging to avoid the generation ofexcessive packaging waste;
d) Use of construction materials that have been refurbished, renewed or recycled.e) Apply an integrated solid waste management system through a hierarchy of options
i.e. i) source reduction; ii) recycling; iii) composting & reuse; iv) combustion; v)sanitary land filling.
f) Rationalized materials procurement in terms of the right sizes and quantities, ratherthan having to cut them to size or having large quantities of residual materials.
g) Ensure that construction materials left over at the end of construction will be used inother projects rather than being thrown away
h) Ensure that damaged or unused construction materials such as woodworks, plumbingand lighting fixtures will be retained for use in other projects
i) Wherever possible, donate recyclable/reusable or residual materials to localcommunity groups, institutions and individual local residents or home owners
j) Use durable, long-lasting materials that need less frequent replacement, thus reducingamounts of solid waste generated over the construction period
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k) Use building materials that have minimal or no packaging to avoid the generation ofexcessive packaging waste
l) Dispose waste responsibly by dumping at designated sites or landfillsm) Designate waste aggregation sites on the construction siten) Contract only NEMA licensed waste disposal companies or firms when disposing solid
waste from the sit
7.8.1.6 Reduction of Dust Generation and Emission
Dust emission during construction will be minimized through strict enforcement of on sitespeed controls as well as limiting unnecessary traffic within the project site. In addition; it isrecommended that excavation works be carried out in wet weather; and traffic routes on sitebe sprinkled with water regularly to reduce amount of dust generated by the constructiontrucks.
7.8.1.7 Particulate emissions
Maintain machinery and vehicles fitted with internal combustion engines in efficientworking order and Limit idling times of internal combustion engines.
7.8.1.8 Minimization of Exhaust Emissions
This will be achieved through proper planning of transportation of materials to ensure thatvehicle fills are increased in order to reduce the number of trips done or the number ofvehicles on the road. In addition truck drivers will be sensitized to avoid unnecessary racingof vehicle engines at loading/offloading areas, and to switch off or keep vehicle engines atthese points. Construction plant and equipment shall be well maintained to reduce emissionof noxious gases Vehicle idling time shall be minimized. Discourage vehicle re-fuelling in theafternoon and insist on the utilisation of low-sulphur diesels as fuel.
7.8.1.9 Minimization of Noise and Vibration
Noise and vibration will be minimized in the project site and surrounding areas throughsensitization of construction truck drivers to switch off vehicle engines while offloadingmaterials. In addition, they will be instructed to avoid running of vehicle engines or hootingespecially when passing through sensitive areas such as churches, residential areas andhospitals. In addition, construction machinery shall be kept in good condition to reducenoise generation. It is recommended that all generators and heavy duty equipment beinsulated or placed in enclosures to minimize ambient noise levels. Noisy constructionactivities will be undertaken during the day when neighbours are least sensitive to noise.
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7.8.1.10 Liquid waste generation
Provide containment means of adequate design and capacity for collection of domestic liquideffluent generated by site workers (mobile toilets).Ensure domestic effluent (black water) iscollected by NEMA licensed firms and disposed of at NEMA licensed effluent treatmentfacilities.Provide appropriate means of adequate capacity for collection and storage of grey waterliquid effluent generated by site workers. Ensure grey water effluent is collected by NEMAlicensed firms and disposed of at NEMA licensed effluent treatment facilities.
7.8.1.11 Controlling Oil Spills during Construction Phase
The proponent of the proposed project will control the dangers of oil spills duringconstruction by maintaining the machinery in specific areas designed for this purpose hencemight not be a serious impact as a result of the construction of the project structures
7.8.1.12 Minimization of Water Use
The proponent shall ensure that water is used efficiently at the site by sensitizingconstruction staff to avoid irresponsible water usage.
7.8.2 Reduction of Risks of Accidents and Injuries to Workers
The proponent is committed to adherence to the occupational, health and safety rules andregulations stipulated in Occupational Health and Safety Act (Cap 514). In this regard, theproponent is committed to provision of appropriate personal protective equipment, as well asensuring a safe and health environment for construction workers as outlined below and inthe EMP.
Deploy appropriate emergency preparedness measures including evacuation procedures incase of emergency. Ensure that the most current emergency telephone numbers areprominently and strategically displayed on posters within the site. Ensure that all theworkers are insured as per The Workmen’s Injury and Benefits Act. Before embarking onwork in dangerous situations, like working at heights or in confined spaces, a work permitmust be issued and the activity under surveillance in accordance with recommendedpractice.
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Install at strategic points fire fighting equipment and ensure their performance throughregular inspection. Signs such as “No Smoking” must be prominently displayed within theconstruction site, especially where inflammable materials are stored.
7.8.2.3 Electrical safety
The contractor should ensure that Circuits are not overloaded .Distribution board switchesmust also be clearly marked to indicate respective circuits. There should be no exposed liveconnections on the site and all electrical equipment must be earthed.
7.8.2.4 Occupational Safety and Health (OSH)
The contractor hired must be compliant with the Kenya Railways Safety, Health andEnvironment (SHE) Policy. Workers shall be provided with appropriate personal protective equipment, such as
coveralls, boots,mittens, gloves, goggles, dust and fume masks, all of which must beregularly replaced
Ensure that all building plans are approved by the Local Authority and the LocalOccupational Health and Safety Office.
The abstract of the Occupational Safety & Health Act 2007 must be displayed atprominent places within the site.
A general register should be kept within the work areas as stipulated in theOccupational Safety & Health Act 2007.
Ensure that incidents, accidents and near misses during construction are reportedusing prescribed forms obtainable from the local OSH Office.
Ensure that duties in dangerous places i.e. confined spaces and at heights areperformed only after issuance of a working permit.
Well stocked first aid box which is easily available and accessible should be providedwithin the construction siteArrangements must be made for deployment of personstrained in first aid, evidenced by a certificate issued by a recognised body.
7.8.2.5 Workers Welfare
Ensure that all site personnel are provided with an adequate supply of safe drinking water,which should be at accessible points at all time. Provide conveniently accessible, clean, orderly, adequate and suitable washing
facilities within the site. The contractor will screen susceptible workers before employment. At the end of the Construction Phase all construction workers will undergo
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Ensure all employees involved in construction are insured within the existingprovisions of the Injuries & Benefits Act (Kenya Government).
The contractor will ensure the formation of a Safety & Health Committee at theconstruction site, on which they are represented by a senior member.
Suitable, efficient, clean, well-lit and adequate sanitary conveniences should beprovided for construction workers.
All ladders and scaffolds used in construction works must be of sound constructionand quality material.
Permit the vending of legal consumables within the work site. Provide shelters for the vendors and consumers of such goods within the work site. Promote check-off system for payment of such petty trade transactions.
7.8.2.6 Reduction of Energy Consumption
The proponent shall ensure responsible electricity use at the construction site throughsensitization of staff to conserve electricity by switching off electrical equipment orappliances when they are not being used. In addition, proper planning of transportation ofmaterials will ensure that fossil fuels (diesel, petrol) are not consumed in excessive amounts.Complementary to these measures, the proponent shall monitor energy use duringconstruction and set targets for reduction of energy use.Ensure electrical equipment, appliances and lights are switched off when not in use andprovide energy saving lighting instead of the incandescent bulbs which consume moreenergy.
7.8.2.7 Ergonomics
Ensure that equipment and work tasks are adapted to fit workers and their abilityincluding protection against physical and mental strain
Hand tools must be of appropriate size and shape for easy and safe use.
7.8.2.8 Machinery / equipment safety
Ensure that construction plant and machinery undergoes statutory periodicexamination
Ensure that all dangerous moving parts of machinery are guarded Quality checks with regard to personal protective equipment, appliances and hand
tools used in construction do comply with prescribed safety and health standards. Statutory reports of examinations must be presented in prescribed forms, signed by
the examiner and attached to the general register.
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7.8.3 Site Organization
Develop a clear site organisation plan and construction schedule Procure and store materials at appropriate locations Hire the right calibre of workers with clear work schedules and appropriate
reporting hierarchy.
7.8.3.1 Personal health
Conducting an awareness campaign covering construction equipment operators at borrowpits and the local community on matters of HIV/AIDS; and distributing condoms toconstruction equipment operators and local residents in the project area. The impacts onlocal communities associated with the borrow pits should be lowered to low significancelevels by implementing the following mitigation measures:
Regularly watering access roads and borrow pit sites in close proximity to humansettlements during the dry season in order to suppress dust generation and particulatesettlement;
Sensitizing local communities not to allow children to play in flooded borrow pitsduring the rainy season;
Conducting indoor spraying for mosquitoes; Conducting an awareness campaign covering construction equipment operators at
borrow pits and the local community on matters of HIV/AIDS; and Distributing condoms to construction equipment operators and local residents in the
project area.
7.8.3.2 Scavengers and Vermin
Adopt solid waste management systems that deter scavengers i.e. animals and birds.
7.8.3.2 Increased Pressure on Infrastructure
Liaise with key agencies and institutions that have provided existing infrastructure at theproject area.
Participate in the upgrade of existing infrastructure and services, to accommodate the newloads and demands caused by the project.
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7.9 MITIGATION OF OPERATION PHASE IMPACTS
7.9.1 Ensuring Efficient Solid Waste Management
The proponent will be responsible for efficient management of solid waste generated by theproject during its operation. In this regard, the proponent will provide waste handlingfacilities such as waste bins and skips for temporarily holding waste generated at the site. Inaddition, the proponent will ensure that such waste is disposed of regularly andappropriately. It is recommended that the proponent puts in place measures to ensure thatthe occupants of the premises manage their waste efficiently through recycling, reuse andproper disposal procedures.
7.9.2 Minimization of Sewage Release
The proponent will ensure that there are adequate means for handling the large quantities ofsewage generated at the project site. Connect the Site to a sewage system as soon aspracticable and provide adequate and safe means of sewage handling at the Station. It willalso be important to ensure that sewage pipes are not blocked or damaged since such vicescan lead to release of the effluent, resulting in land and water contamination. Such blockagesor damages will be fixed expeditiously.Fouling of the railway line by human waste to beprohibited.
7.9.3 Ensure Efficient Energy Consumption
The proponent plans to install an energy-efficient lighting system at the building which willcontribute immensely to energy saving during the operational phase of the project. Inaddition, occupants of the building will be sensitized to ensure energy efficiency in theirdomestic operations. To complement these measures, it will be important to monitor energyuse during the operation of the project and set targets for efficient energy use.
7.9.4 Ensure Efficient Water Use
The proponent will install water-conserving automatic taps and toilets. Moreover, any waterleaks through damaged pipes and faulty taps will be fixed promptly by qualified staff. Inaddition, the occupants of the building will be sensitized to use water efficiently.
7.9.5 Encroachment on Privacy
There is need to address the issue of encroachment on privacy of those residing within thevicinity of the project. Although the height of the facility shall be at the ground level, theother mitigation measure shall be planting of trees that will grow to the required height to
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. 73
prevent encroachment on privacy. More so the concrete wall shall he raised to appropriateheight too.
7.9.6 Public health
Use some of the advertising space for public awareness on health and hygiene e.g. do not spit,cough only intoyour hand/arm, direct away from others, wash hands etc.
7.9.7 Accidents
Display warning and cautionary signs at all potential incident sites and establish a near-missincident recording system and investigation procedure. Construct level crossings, footbridges at spots where people have a need to cross. More especially areas of human trafficjam.
7.9.8 Odours
Potential sources of odours (putrefying solid wastes) should be effectively and efficientlyremoved.
7.9.9 Scavengers and Vermin
Adopt solid waste management systems that deter scavengers i.e. animals and birds.Reinforce systems of food waste disposal to avoid attraction of scavenger birds.
7.10 Mitigation of Decommissioning Phase Impacts
Just as in the case during the construction and operation phase, the negative impacts of thedecommissioning phase of the proposed project can be mitigated as follows:
7.10.1 Efficient Solid Waste Management
Solid waste resulting from demolition or dismantling works associated with the proposeddevelopment during decommissioning phase will be managed as follows: Use of durable, long-lasting materials that will not need to be replaced as often,
thereby reducing the amount of demolition waste generated during decommissioningphase
Provision of facilities for proper handling and storage of demolition materials toreduce the amount of waste caused by damage or exposure to the elements
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Adequate collection and storage of waste on site and safe transportation to thedisposal sites and disposal methods at designated area shall be provided.
7.10.2 Reduction of Dust Concentration
High levels of dust concentration resulting from demolition or dismantling works will beminimized as follows: Watering all active demolition areas as and when necessary to lay dust. Cover all trucks hauling soil, sand and other loose materials or require all trucks to
maintain at least two feet of freeboard.
7.10.3 Minimization of Noise and Vibration
Significant impacts on the acoustic environment will be mitigated by the project proponentof the proposed project Plant shall put in place several measures that will mitigate noisepollution arising during the decommissioning phase. The following noise-suppressiontechniques will be employed to minimize the impact of temporary destruction noise at theproject site.
Use quiet equipment (i.e. equipment designed with noise control elements). Limit vehicles and other small equipment with engines to a minimum idling time
and observe a common-sense approach to vehicle use, and encourage workers toshut off vehicle engines whenever possible.
Demolish mainly during the day, a time with minimal noise disturbance.
7.10.4 Site Rehabilitation after Decommissioning
After gravel extraction has been exhausted or the contract has ended, borrow pits need to bedecommissioned. Decommissioning requires that each borrow pit be rehabilitated. Requirementsfor the rehabilitation of the borrow pits under the contract have been included in theEnvironmental Management Plan (EMP)
The project operator shall, on decommissioning of the project, restore the site to its originalstatus as far is practicable and plant trees at the site.
7.11 Matrices
Matrices have been used to provide because effect relationships between the various project activitiesand their effects on the environmentally important components. The results have been organised intabular form as shown in Table below.
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7.11.1 The anticipated Impacts
These are depicted during the planning, demolition, construction and decommissioningphases and are rated numerically using numbers and indicated as positive (+) or negative (-)as follows:
Categorisation of positive Impacts: Categorisation of negative Impacts:
+I - Low -I - Low+II - Medium -II - Medium+III - High -III - High
High impacts will be considered significant; Medium impacts less significant and low impactsas no consequence. See Table 7.1 Categorisation of Impacts.
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. 78
CHAPTER EIGHT: ENVIRONMENT, HEALTH AND SAFETY (EHS).
8.0 Introduction
Environment, Health and Safety (EHS) is concerned with state of working environment forthe workers, tools / equipments and the biotic environment. It is an essential tool indetermining the EIA study. The main objective of the EHS on the proposed project is todevelop guidelines for protecting, managing and responding, processes, situations/conditionsthat might compromise health, safety and security of workers and ecological well being. Itaims at: Providing safe and healthy working environment for workers , Limiting loss or damage to ecological resources, and Promoting environmental sustainability. Avoiding occupational injuries,
8.1 Guidelines for EHS.
In order to effectively achieve EHS goals, the company and its workers will do the following: Commit itself to the promoting and maintaining high levels of safety and health
standards, Ensure that project activities protect the environment and natural resources, Be vigilant and track significant changes occurring to the environment and ecosystem
health for prompt actions, Employees will be expected to take personal responsibility for their safety, safety of
colleagues and of the general public as it relates to the EHS management plan.
8.2 Obligations in Environment, Health and Safety.
8.2.1 The Contractor.
The contractor will ensure that: Safe means of entry and exit exist at the proposed project site, Ensure adequate briefing of job at hand on the safe system of work before
commencement of work, The EHS coordinator must be in attendance at all times throughout the duration of
the project, The EHS consultant must maintain constant assessment of the risk involved as the
work progresses, A safety harness must be worn before entry into all confined spaces, and An EHS consultant must be posted at the entrance of the project site to monitor
progress and safety of the persons working at the construction site.
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8.2.2 Drivers.
Within the construction premises, the following traffic rules will be observed: -Observe speed limits and all other signs and obey traffic rulesUse the vehicle for the purpose to which it is intended only.
8.2.3 Welders.
Workers carrying out welding activities will ensure that:Welding clamps are fixed such that no current passes through any moving parts of anymachine, Welding clamps are in good operating condition, and Slag or molten metal arisingfrom welding activities does not start up fires by Notify the workers that all is well whenemergencies have been attended to.
8.3 Fire Preparedness.
Fire outbreaks are the most common disasters in premises of this kind. The proponent willhave to take precautionary measures to avert or fix such incidences. In this regard, thefollowing shall be provided: Fire sign notice at visible locations at all the entrances Horse real in each flat with 1x 9 Litres Water,O2 fire extinguishers,, 9 Kg of fire extinguisher in each room, 4.5 Kg dry powder fire extinguisher in each floor, 4500 Litre water storage tank reserved for fire fighting with booster pump. In the event that other emergencies occur during construction, the workers shall: Alert other persons exposed to danger, Inform the EHS coordinator, Do a quick assessment on the nature of emergency, and Call for ambulance on standby.
It has been proved that construction of this nature and similar buildings do have significantenvironmental impacts. Therefore, it is imperative that adverse impacts are reduced/ avertedand positive ones maximized. In this regard the EIA Expert developed an EnvironmentalManagement Plan (EMP) to aid the proponent in managing significant environmentalimpacts associated with the project. Also the contractors are required to prepare and submitfor proponent’s (Kenya Railway Corporation) approval their own health, safety environmentand social management plans.
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 processesmay change through the life of the project and considerable provisions have been made suchdynamics. As such, the EMP will be subject to a regular regime of periodic review.
Tables 9.1, 9.2 and 9.3 illustrate how EMP shall operate during construction, occupation anddecommissioning phases of the project. The tables contain environmental impacts, mitigationmeasures, responsibilities and monetary aspects of the project cycle.
Information in this EMP will be used in future annual audits to verify if projected impactswere realized and the manner in which they were managed.
Ensure use of serviceable vehiclesEnsure no spillage occurs
Contractor/Site Engineer
20,000
Constructionof site office
Oil spillageMaterials spillageLittering the site
Ensure no spillage occursEnsure use serviceable machineryEnsure no littering of the compoundEnsure safe storage of materials
ContractorSupervising /SiteEngineer
Throughoutconstructionperiod
300,000
Ensure accurate budgeting and estimation of actualconstruction material requirements to ensure that the leastamount of material necessary is ordered.Ensure that damage or loss of materials at the constructionsite is kept minimal through proper storage.
Use at least 5%-10% recycled refurbished or salvagedmaterials to reduce the use of raw materials and divertmaterial from landfills.
Vegetationdisturbance
Minimize vegetation disturbance at and or around construction site
Ensure proper demarcation and delineation of the projectarea to be affected by construction works.
Specify locations for vehicles and equipment, and areas ofthe site which should be kept free of traffic, equipment, andstorage.
Designate access routes and parking within the site. Introduction of vegetation (trees and grass) on open spaces
and around the project site and their maintenance.
1000,000
Design and implement an appropriate landscapingprogramme to help in revegetation of part of the project area
A storm water management plan that minimizes imperviousarea infiltration by use of recharge areas and use of detentionand/or retention with graduated outlet control structure willbe designed.
The Civil Engineer,MechanicalEngineerand ProjectManager
1 month
Apply soil erosion control measures such as levelling of theproject site to reduce run-off velocity and increase infiltrationof storm water into the soil.
The Civil Engineer,MechanicalEngineerand ResidentProjectManager
1 months
Apply soil erosion control measures such as levelling of theproject site to reduce run-off velocity and increase infiltrationof storm water into the soil.
The Civil Engineer,MechanicalEngineerand ResidentProjectManager
Ensure that construction vehicles are restricted to use existinggraded roads
Contractor Throughoutconstructionperiod
Ensure that any compacted areas are ripped to reduce run-off. Contractor 2 months
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Site excavation works to be planned such that a section iscompleted and rehabilitated before another section begins.
Resident ProjectManager
Throughoutconstructionperiod
5,000 perunit
Interconnected open drains will be provided on site. Civil Engineer Throughoutconstructionperiod
500,000per unit
Roof catchments will be used to collect the storm water forsome office uses.
Civil Engineer Throughoutconstructionperiod
Construction of water storage tanks to collect storm water foroffice and plant uses.
Civil Engineer Throughoutconstructionperiod
Minimize solid waste generation and ensure efficient solid waste management during constructionIncreased solidwastegeneration
Use of an integrated solid waste management system i.e.through a hierarchy of options: 1. Reduction at source 2.Recycling 3. Reusing 4.Incineration 5. Sanitary landfilling.
Resident ProjectManager &Contractor
Throughoutconstructionperiod
100,000
Through accurate estimation of the dimensions and quantitiesof materials required.
Resident ProjectManager &Contractor
One-off 0
Use of durable, long-lasting materials that will not need to bereplaced as often, thereby reducing the amount of constructionwaste generated over time
Resident ProjectManager &Contractor
Throughoutconstructionperiod
0
Provide facilities for proper handling and storage ofconstruction materials to reduce the amount of waste causedby damage or exposure to the elements
Resident ProjectManager &Contractor
One-off 0
Use building materials that have minimal or no packaging toavoid thegeneration of excessive packaging waste
Resident ProjectManager &Contractor
Throughoutconstructionperiod
0
Reuse packaging materials such as cartons, cement bags, empty Resident Project Throughout 0
Generation of dustand settlement ofparticulate matteron property and indwellings near theborrow pitsespecially duringthe dry season.Could lead toirritation of theeyes, respiratorycomplications andaggravation ofasthma to thosethat are afflicted.
Ensure strict enforcement of on-site speed limit regulations.Regularly watering access roads and borrow pit sites in closeproximity to human settlements during the dry season in orderto suppress dust generation and particulate settlement
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Increase of airborne dust duringdry season. Dustemission at borrowpits nearsettlements
Avoid excavation works in extremely dry weather.Mixing should not be done on windy locationAll access roads and work areas to be regularly sprinkled withwater
Resident ProjectManager &Contractor
Throughoutconstructionperiod
300,000permonth
Sprinkle water on graded access routes when necessary toreduce dust generation by construction vehicles
Resident ProjectManager &Contractor
Throughoutconstructionperiod
Personal Protective equipment to beprovided to employees (breathing protection gear)
Resident ProjectManager &Contractor
Throughoutconstructionperiod
Exhaust emission Vehicle idling time shall be minimised Alternatively fuelled construction equipment shall be used
where feasible equipment shall be properly maintained Sensitise truck drivers to avoid unnecessary revving
engines of stationary vehicles and to switch off engineswhenever possible
Sensitise construction vehicle drivers and machineryoperators to switch off engines of vehicles or machinery notbeing used.
Sensitise construction drivers to avoid reversing of vehicleengines or hooting
Resident ProjectManager &Contractor
Throughoutconstructionperiod
Routinesiteoperation
Ensure that construction machinery is kept in good conditionto reduce noise generation. Limiting the extraction of gravelfrom borrow pits to normal working hours as legallyprovided for by Kenyan Laws and not outside 7:00 to 18:00hours;
Resident ProjectManager & all siteforeman
Throughoutconstructionperiod
100,000
Ensure that all generators and heavy duty equipment areinsulated or placed in enclosures (containers) to minimize
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rules and standards are not violated rules and standardsare not violatedMechanicalEngineer &Resident ProjectManager
period
Minimize occupational health and safety risks.Ensure compliance with The OSHA (Building Operations andWorks of Engineering Construction Rules), L.N. 40 of 1984
Contractor During theconstructionperiod
Human HealthAnd Safety.Borrow pits nearcommunitiescould becomebreeding areasfor mosquitoes.Water bornediseases such asbilharzias tochildren whomay use theflooded borrowpits as playgrounds.
Sensitizing local communities not to allow children to play inflooded borrow pits during the rainy season; Conducting indoorspraying for mosquitoes. Conducting an awareness campaigncovering construction equipment operators atborrow pits and the local community on matters of HIV/AIDS;and
Worksite Safetyand HealthHazards toemployees
Ensure compliance with the Occupational Safety and Health Act(OSHA) 2007 provisions.
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Table: 9.1 Environmental Management Plan during Construction Phase
9.2 Operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining toprevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated withthe operational phase the proposed development project are outlined in the table 9.2 below:
Minimize Oil SpillsOil spills Install oil trapping equipments in areas when there a likelihood
of oil spillage such during the maintenance of constructionequipment. Soil in such an area will be well protected fromcontamination
Resident ProjectManager
Continuous 50,000
Social andEconomicEffects.
Loss of Location,Crops, Housesand Structures.and loss of landfor extraction ofgravel ( borrowpits sites)
Compensation and Relocation Plan to take into accountcompensation for loss of location shelter, trading stalls, cropsand other structures. Limiting borrow pit sites to infertile anduncultivated pieces of land as much as is possible andCompensating individuals for any losses incurred to personalproperty as a result of the operation of the borrow pits.
KRC and therelevantgovernmentagencies.
follow upafter 2 yearsof projectcompletion
Asindicatedin theRAP.
Publicdissatisfactionfromimplementationof the project
Enhance consultations with the locals on the activities affectingthem and include them on impact reduction
The ContractorAnd ResidentEngineer.Local authoritiesand the provincialadministration
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. 90
impactsSolid wastegeneration
Provide solid waste handling facilities such as waste bins and skips Proponent One-off 50,000Ensure that solid waste generated at the proposed developmentis regularly disposed of appropriately at authorised dumping sites
proponent Continuous 200,000/month
Ensure that occupants of the proposed development managetheir waste efficiently through recycling, reuse and properdisposal procedures.
proponent Continuous 260,000
Donate redundant but serviceable equipment to charities andinstitutions
Proponent Continuous 0
Sewage releaseintoenvironment
Provide adequate and safe means of handling sewage generated atthe proposed
proponent &Contractor
One-off 500,000
EnergyConsumption
Switch off electrical equipment, appliances and lights when notbeing used
Proponent Continuous 0
Install energy saving fluorescent tubes at all lighting pointswithin the proposed development instead of bulbs whichconsume higher electric energy
Monitor energy use during the operation of the project and settargets for efficient energy use
Proponent Continuous 2,000/month
Sensitise the occupants to use energy efficiently Proponent Continuous 500/monthWaterExploitation.
Promptly detect and repair of water pipe and tank leaks Proponent Continuous 5,000/monthResidents to conserve water e.g. by avoiding unnecessary toiletflushing.
Proponent Continuous 500/month
Ensure taps are not running when not in use Proponent Continuous 500/monthInstall water conserving taps that turn-off automatically whenwater is not being used
Proponent One-off 10-40 %higher thanordinary taps
Install a discharge meter at water outlets to determine and Proponent One-off 300,000
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Table: 9.2 EMP of the Operation Phase.
9.3 Decommissioning Phase EMP
In addition to the mitigation measures provided in the above two tables, it is necessary to outline some basic mitigation measuresthat will be required to be undertaken once all operational activities of the proposed project in Kebera and Mukuru a long therailway track have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costspertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closurephase of the project are outlined in the table 9.3 below.
monitor total water usageHealth &Safety Risks.
Implement all necessary measures to ensure health and safety ofworkers and the generapublic during operation of the proposeddevelopment project as stipulated inFactories and Other Places of Work Act Cap514
ProponentContinuous 500,000
Safety &Security of thepremises andsurroundingareas
Ensure the general safety and security at all times by providingday and night security guards and adequate lighting within andaround the premises during night hours. Hazard-warning signs“NO SMOKING”
Protective gears should be provided to theworkers No waste should be left on the site
Contractor/Proponent
Beforeoperationphase
500,000
Wastegeneration
Use of an integrated solid wastemanagement system i.e. through a hierarchyof options: i) source reduction; ii) recycling;iii) reuse; iv) sanitary land filling
Contractor/Proponent
one-off 1000,000
All building masonry, machinery,equipment, structures and partitions that arestill serviceable ought to be recycled, reusedas far as possible
Contractor/Proponent
one-off 3000,000
The foundations in particular ought to bereused for the same purpose in otherconstruction works
Contractor/Proponent
one-off2500,000
Where demolition wastes cannot be put toother useful purposes, they will betransported by a NEMA licensed wastetransporter for disposal at a NEMA licenseddisposal site
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disturbance Restore the site as near as possible to itsoriginal status
t
Promote the use of indigenous and endemicplant species in revegetation and otherrestorative activities
Contractor/Proponent
one-off 300,000
Trees should be planted at a fashion suchthat their positions interrupt line of sight(screen planting) from adjacent view points.
Contractor/Proponent
one-off 100,000
Noise Demolition works should be conducted onlyduring daylight hours (6am – 6pm) tominimise noise nuisance to sensitiveneighbours at night time
Contractor/Proponent
one-off 500,000
Demolition crews will be provided withhearing protection equipment
Contractor/Proponent
one-off 500,000
Table: 9.3 Decommissioning Phase of the project
NB. It is important to point out that the costs indicated above and associated with this EMP are merely indicative and willdepend on the proponent outsourcing and preferential market.
The estimated cost of the Environmental Management Plan KES 21,092,500 Million. The breakdown according to project phasesis as below.
Construction 9,376,000Operation 2,816,500Demolition 8,900,000
TOTAL COST: 21,092,500
The annual incremental costs during the lifetime of the project, and capital equipment purchase costs not included.
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9.4 Environmental Monitoring.
The overall objective of environmental and social monitoring is to ensure that mitigationmeasures are implemented and that they are effective. The activities and indicators that havebeen recommended for monitoring are presented in the EMP. Environmental monitoringwill be carried out to ensure that all construction activities comply and adhere toenvironmental provisions and standard specifications, so that all mitigation measures areimplemented.
Monitoring should be undertaken at a number of levels. Firstly, it should be undertaken bythe Contractor at work sites during pre-construction, construction, under the direction andguidance of the Supervision Consultant who is responsible for reporting the monitoring tothe implementing agencies. It is not the Contractor’s responsibility to monitorcompensation/Relocation issues. It is recommended that the Contractor employ local fulltime qualified environmental inspectors for the duration of the Contract. The SupervisionConsultant should include the services of an international environmental and monitoringspecialist on a part time basis as part of their team. The following aspects will be subject tomonitoring: Encroachment into protected areas and Railway line reserve areas Vegetation maintenance around project work sites, Works safety elements, including a log of accidents HIV/AIDS programme implementation and levels at local health centres
Environmental monitoring is also an essential component of project implementation. Itfacilitates and ensures the follow-up of the implementation of the proposed mitigationmeasure, as they are required. It helps to anticipate possible environmental hazards and/ordetect unpredicted impacts over time. Monitoring includes: Visual observations; Selection of environmental parameters at specific locations; Sampling and regular testing of these parameters.
Periodic ongoing monitoring will be required during the life of the Project and the level canbe determined once the Project is operational.
9.4.1 Internal Monitoring
It is the responsibility of the KRC to conduct regular internal monitoring of the project toverify the results of the Contractor and to audit direct implementation of environmentalmitigation measures contained in the EMP and construction contract clauses for the Project.
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KRC also have the direct responsibility to implement and monitor compensation/relocationissues as outlined in the RAP. Their Project teams should include an environmentalmonitoring and management specialist. The monitoring should be a systematic evaluation ofthe activities of the operation in relation to the specified criteria of the condition of approval.
In undertaking the same, KRC through KRU will be responsible for implementingresettlement and compensation activities and it will therefore be their responsibility toundertake regular internal monitoring of the process.
The objective of internal monitoring and audit will be: To find out any significant environmental hazards and their existing control systems
in force. Meeting the legal requirements as stipulated in the Environmental Management &
Coordination Act, EMCA-1999.
The responsibility for mitigation monitoring during the operation phase will lie with theEnvironmental Section in KRC. Environmental monitoring of the following parameters isrecommended as a minimum for the Project.
9.4.2 External Monitoring
The Consultant recommends that a consultant should be hired to carry out AnnualEnvironmental Audits in line with NEMA requirements. NEMA has the overallresponsibility for issuing approval for the Project and ensuring that their environmentalguidelines are followed during Project implementation. Its role therefore is to reviewenvironmental monitoring and environmental compliance documentation submitted by theimplementing authorities and they would not normally be directly involved in monitoringthe Project unless some specific major environmental issue arose.
KRC through the consultant will therefore provide NEMA with reports on environmentalcompliance during implementation as part of their annual progress reports and annualenvironmental auditing reports. Depending on the implementation status of environmentallysensitive project activities, NEMA will perform annual environmental reviews in whichenvironmental concerns raised by the project will be reviewed alongside projectimplementation.
The Consultant recommends that relevant representatives from World Bank should beincorporated. The project affected persons should be represented through relevantCommittee representative.
Accidents Safety training forworkers, accidentreports, communityconsultationsTo ensure health andsafety at borrow pitsites and prevent orminimize incidencesof health and toworkers and thepublic
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Health andSafetyStandardsand MineandSafetyregulationsforopen pitexcavations
Health and safety Conducting awarenesscampaigns coveringconstruction equipmentoperators at borrow pitsand the local.Signs, posters displayed,health awareness lectures,Mosquito nets in malarialareas for each worker,health checks for workers.
EMP /as inthe socialimpactassessmentreport
Along relocationunits constructionsite and Railwayreserve,work offices andsurroundingareas
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9.5 Training
Environmental Monitoring and Management should also include the education of contractoremployees and locals in the practical aspects of environmental monitoring and management.For example, workshops on mitigation should first of all be set up for all mitigation workerswith the help of experts and run by environmentalist/ Environmental officers. Secondly localpeople should be better informed of mitigation strategies and methods so that theyunderstand the nature of how liquid and solid wastes, land and soil loss problems arehandled. In order to implement the management plan, it is recommended that a position iscreated of appropriate expertise to oversee environment and social management of plantingof trees, crops and other vegetation along the Railway line, the recovery of any eroded areas,enhanced safety measures and general liaison with the community during and postconstruction period. Furthermore the importance of controlling grazing and dumping ofsolid waste inside the protected railway reserve for safety purposes must be enforced. Thiswill be achieved by leasing part of the sections of the reserve to Kibera and Mukuru affectedlocals to grow crops such as Kales spinach, sweet potatoes, and onions so as to help inmaintenance and monitoring of the Railway line reserve.
9.6 Organization and Implementation
The following institutional arrangement will be responsible for project implementation.
The National Environmental and Management Authority (NEMA): will ensure that all therelevant rules and regulations concerning the environment are adhered to in line with theEMCA, 1999 and the Regulations 2003.
Kenya Railway Corporation (KRC): It has been vested with the overall responsibility for thecoordination, planning and implementation of the Project. The Implementing Agency (IA)during construction will set up an Environmental Management Unit (EMU) forenvironmental management and operation, including environmental supervision ofcontractors. The EMU will ensure implementation of the environmental management planand the environmental monitoring plan during construction of the Project. The EMU willcoordinate all environmental monitoring activities as given in the EMP. The EMU willensure that the EMP is updated periodically during the construction period.
The Environmental Management Unit (EMU): Under the Implementing Agency an EMUwill be responsible for the implementation and management of the EMP. The EMU will bespecially designed for the Project and will comprise representatives from KRC, NEMA,Financing institutions (World Bank) and the community. Regular environmental, health andsafety rounds in the construction area will also be part of the responsibility of the EMU. This
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will ensure that the actual implementation of the environmental monitoring andmanagement is carried out.
An independent environmental supervision consultant, as part of the ImplementationSupervision Consultant, will supervise and monitor environmental procedures and ensurethat the contractor complies with the relevant laws.
Contractor: The contractor will be responsible for actual construction work. Figure 9.1 belowsummarizes the institutional arrangements.
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. 100
CHAPTER TEN: CONCLUSION AND RECOMMENDATIONS.
10.1 RECOMMENDATIONS
From EIA studies, it is evident that the proposed project is associated with both positive andnegative impacts during construction, operation and decommissioning phases of the project.The proponent and contactor are advised to implement Environmental Management Plan soas to reduce adverse impacts and boost good environmental practices. Environment, healthand safety must also be followed in order to reduce incidences of accidents, health problemsand compromise to environmental well being.Recommendations for the prevention and mitigation of adverse impacts are as follows: -
The development must be approved by the relevant Government Departments i.e.Physical planning, Ministry of Lands and Housing, health etc. the proponent shouldtherefore follow the guidelines as set by the departments to safeguard and envisageenvironmental management principles during construction and operation phases ofthe proposed development.
It is important that warning/informative signs (bill boards) be erected at the site.These should indicate the operation hours and when works are likely to be startedand completed.
All solid waste materials and debris resulting from construction activities must bedisposed off at approved dumpsites. The wastes should be properly segregated andseparated to encourage recycling of some useful waste materials; i.e. some excavatedstone materials can be used as backfills.
Once earthworks have been done, restoration of the worked areas should be carriedout immediately by backfilling, professional landscaping/leveling and planting of lowgrass in open areas), flowers and suitable tree species.
Rainwater harvesting systems should be provided as well as standard storage systemsto every housing floor unit; to enhance collection of the runoff generated from theroof catchments. Drains will be properly designed, installed and regularly maintainedto prevent storm water (run-off) from accumulating within the site spreading to theneighborhood. These must effectively drain the storm water from the premise intothe existing public drainage system to be developed along the access road and even torailway line side drains.
Proper and regular maintenance of construction machinery and equipment willreduce emission of hazardous fumes and noise resulting from friction of rubbingmetal bodies.
Heavy construction activities should be limited (or avoided) during the rainy seasonto minimize the chances of soil degradation (soil erosion).
Maintenance activities must be carried out in service bay to reduce chances of oils orgrease or other maintenance materials, from coming into contact with environment
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(water or soil). Wastewater from such areas must be refrained from coming intocontact with solid mass or water bodies as it contains oil/grease spills.
Used and new oils must be handled and stored appropriately to avoid oil leaks andspills on the site.
Sewerage system must be properly designed within the site/office and effectivelyconnected to the public sewer system. Design specifications must be followed duringinstallation. Standard cleanliness and waste disposal facilities at construction site andduring occupation must be maintained.
Workers should be provided with complete personal protective equipment (PPE) andsafety gear. They should have working boots, complete overalls, helmets, gloves,earmuffs, nose masks, goggles etc. A fully equipped first aid kit must be providedwithin the site.
To make these relocation units and stalls habitable, it will be necessary to providethem with proper sanitation in the form of a clean water supply for their domesticconsumption and a proper sewerage disposal system. To this end, the Advisor heldconsultations with the Nairobi Water and Sewerage Company (NWSC) which is thegovernment institution dealing with water and sanitation in Nairobi
The contractor must have workmen’s compensation cover; the contractor is requiredto comply with workmen’s compensation Act as well as other relevant ordinance,regulations and Union Agreement.
The contractor must provide adequate security during the construction period andespecially during the night when there are no construction activities.
A complete fire fighting system must be provided after completion of the project. All construction materials and especially sand, gravel, hardcore and wood must be
sourced/procured from legalized dealers. Construction activities must be undertaken only during the day i.e. between 0700
hours to 1900 hours. This will minimize disturbance to the general public within theproximity of the site/project especially the residential estates.
Traffic on the access road to the site should be controlled and informed duringconstruction and especially when heavy trucks are turning in and out of the site. Thiswill ensure that no accidents are caused by the site’s activities
10.2 CONCLUSION
This project study is recommendable and should be approved by NEMA for issuance of anEIA license subject to annual environmental audits after it has been completed and occupied.This will be in compliance with the Environmental Management and Coordination Act of1999 and the Environmental Impact Assessment and Audit regulations, 2003. Above all theproponent should carry out Environmental Audit 12 months after the project is completed.
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi. 102
REFERENCES
1. Kenya gazette supplement number 56. Environmental Impact Assessment and AuditRegulations 2003. Government Printer, Nairobi
2. Ministry of Planning and National Development. .Nairobi District Development Plan(2004-2008). Government Printer, Nairobi
3. Kenya gazette supplement number 69. Environmental Management and Coordination(Waste Management) Regulations 2006. Government Printer, Nairobi
4. Kenya gazette supplement number 68. Environmental Management and Coordination(Water Quality) Regulations 2006. Government Printer, Nairobi
5. Kenya gazette supplement Acts 2000, Environmental Management and CoordinationAct Number 8 of 1999. Government Printer, Nairobi
6. Kenya gazette supplement Acts Building Code 2000. Government Printer, Nairobi7. Kenya gazette supplement Acts Local Authority Act (Cap. 265). Government Printer,
Nairobi8. Kenya gazette supplement Acts Public Health Act (CAP. 242). Government Printer,
