Kakamega Esia PR v2.0
Kakamega Esia PR v2.0
Kakamega Esia PR v2.0
21 August 2019
Project No.: 0410731
Version 2.0
Document history
www.erm.com Version: 2.0 Project No.: 0410731 Client: Mota – Engil Africa 21 August 2019
Signature Page
21 August 2019
Mike Everett
Partner
© Copyright 2019 by ERM Worldwide Group Ltd and / or its affiliates (“ERM”).
All rights reserved. No part of this work may be reproduced or transmitted in any form,
or by any means, without the prior written permission of ERM.
www.erm.com Version: 2.0 Project No.: 0410731 Client: Mota – Engil Africa 21 August 2019
REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONTENTS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
CONTENTS
1. INTRODUCTION .......................................................................................................................... 1
1.1 Overview ........................................................................................................................................ 1
1.2 Purpose of the Report .................................................................................................................... 4
1.3 Project Justification ........................................................................................................................ 5
1.4 Contracting Authority (KURA) ........................................................................................................ 5
1.5 Project Consultants ........................................................................................................................ 5
1.5.1 The Project Consortium ................................................................................................ 5
1.5.2 The Environmental and Social Consultants (ERM) ....................................................... 6
1.6 Report Structure ............................................................................................................................ 7
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONTENTS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONTENTS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
8. STAKEHOLDER ENGAGEMENT.............................................................................................. 83
8.1 Objectives of Stakeholder Engagement ....................................................................................... 83
8.2 Project Stakeholders .................................................................................................................... 84
8.3 Approach to Stakeholder Engagement ........................................................................................ 85
8.3.1 ESIA Process Engagement ........................................................................................ 85
8.3.2 Post ESIA Engagement .............................................................................................. 86
8.4 Outcomes of Engagement Conducted To Date ........................................................................... 86
8.5 Project Grievance Mechanism ..................................................................................................... 89
8.6 Monitoring and Reporting............................................................................................................. 89
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONTENTS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
10. ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN (ESMMP) ... 133
10.1 Introduction ................................................................................................................................ 133
10.2 Environmental and Social Management and Monitoring Plan (ESMMP) ................................... 133
10.3 Topic Specific Management Plans ............................................................................................. 157
10.3.1 Waste Management Plan .......................................................................................... 157
10.3.2 Emergency Response Plan ...................................................................................... 157
10.3.3 Water Management Plan .......................................................................................... 158
10.3.4 Traffic Management Plan .......................................................................................... 159
10.3.5 Health and Safety Management Plan ....................................................................... 160
10.3.6 Workers Code of Conduct ......................................................................................... 160
10.4 Roles and Responsibilities ......................................................................................................... 161
10.4.1 Contractual Obligation .............................................................................................. 161
10.4.2 Responsibilities and Duties ....................................................................................... 161
10.4.3 Monitoring ................................................................................................................. 165
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) LIST OF TABLES
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
LIST OF TABLES
Table 1.1 Location................................................................................................................................... 1
Table 1.2 ERM Project Team ........................................................................................................... 6
Table 1.3 Report Structure ............................................................................................................... 7
Table 2.1 Maximum Permissible Noise Levels for Construction Sites in Kenya ........................... 17
Table 2.2 Kenya Air Quality Emission Standards for Residential Areas ....................................... 17
Table 2.3 Relevant Environmental and Social Permits Required for the Project .......................... 26
Table 2.4 IFC Performance Standards .......................................................................................... 28
Table 2.5 Comparison of Applicable Air Quality Standards and Guidelines.................................. 32
Table 2.6 IFC Noise Level Guidelines ........................................................................................... 34
Table 2.7 Institutional Framework .................................................................................................. 34
Table 3.1 Impact Nature and Type ................................................................................................ 37
Table 3.2 Impact Characteristics Terminology............................................................................... 38
Table 3.3 Definition for Likelihood Designations ............................................................................ 38
Table 3.4 Illustrative Example of Sensitivity/Vulnerability/Importance of the Resource/Receptor 39
Table 3.5 Impact Significance ........................................................................................................ 39
Table 3.6 Significance Definitions .................................................................................................. 40
Table 4.1 Location................................................................................................................................. 42
Table 4.2 Planned Road Surface Type ................................................................................................. 43
Table 4.3 Estimated Project Cost ......................................................................................................... 51
Table 5.1 Analysis of Alternative Project Roads ................................................................................... 52
Table 7.1: Location................................................................................................................................ 67
Table 8.1 Project Stakeholders ...................................................................................................... 84
Table 8.2 Details of ESIA Process Stakeholder Engagement ....................................................... 85
Table 8.3 Outcomes of ESIA Process Stakeholder Engagements ................................................ 87
Table 9.1 Project Roads in Lot 18 Annuity Programme ............................................................... 131
Table 9.2 Summary of Construction Phase Impacts ................................................................... 132
Table 9.3 Summary of Operation Phase Impacts ........................................................................ 132
Table 10.1 Environmental and Social Management and Monitoring Plan (ESMMP) .................... 134
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) LIST OF FIGURES
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
LIST OF FIGURES
Figure 1.1 General Locality Map for Lot 15 ....................................................................................... 2
Figure 1.2 General Locality Map for Lot 18 ....................................................................................... 3
Figure 1.3 Alignment of the Proposed Project .................................................................................. 4
Figure 4.1 Alignment of the Proposed Project ................................................................................ 42
Figure 4.2 Diagram indicating the application of a DSD ................................................................. 43
Figure 4.3 Typical road cross-section ............................................................................................. 44
Figure 4.4 Typical Road Layers ...................................................................................................... 44
Figure 4.5 Illustration of an Infiltration Chamber ............................................................................. 46
Figure 4.6 Typical Junction 1 .......................................................................................................... 46
Figure 4.7 Typical Junction 2 .......................................................................................................... 47
Figure 4.8 Typical Junction 3 .......................................................................................................... 47
Figure 4.9 Typical Junction 4 .......................................................................................................... 48
Figure 4.10 Quarries in Kakamega County ....................................................................................... 50
Figure 6.1 Land use of the Project Area ......................................................................................... 55
Figure 6.2 Satellite Imagery of the Project Area ............................................................................. 55
Figure 6.3 Topography of the Project Area ..................................................................................... 56
Figure 6.4 General Terrain along the Lutonyi - Kakamega Road ................................................... 57
Figure 6.5 General Terrain along the Part 1 of Ilesi - Kakamega Road .......................................... 58
Figure 6.6 General Terrain along the Part 2 of Ilesi - Kakamega Road .......................................... 59
Figure 6.7 River Isiukhu that flows through the Project Area .......................................................... 60
Figure 6.8 Rivers and streams crossed by the Kakamega - Ilesi Road .......................................... 61
Figure 6.9 Hydrology Infrastructure along the Lutonyi - Kakamega Road ...................................... 62
Figure 6.10 Sandy Red Soils of the Project Area.............................................................................. 63
Figure 6.11 Vegetation along the Kakamega - Ilesi Road ................................................................ 64
Figure 6.12 Vegetation along the Kakamega - Ilesi Road ................................................................ 65
Figure 7.1 Location of the Project Roads in Kakamega County, Kenya ............................................... 67
Figure 7.2 Land Use of the Project Area ......................................................................................... 69
Figure 7.3: Farming activities along the Kakamega - Ilesi Road .......................................................... 70
Figure 7.4 Business Activities along the Kakamega - Ilesi Road.......................................................... 71
Figure 7.5 Economic Activities along the Lutonyi - Kakamega Road ............................................. 72
Figure 7.6 Piped Water Network along the Lutonyi - Kakamega Road ................................................ 74
Figure 7.7 Schools along the Kakamega Ilesi Road ............................................................................. 75
Figure 7.8 School along Lutonyi-Kakamega Road ............................................................................... 76
Figure 7.9 Annex Medical Clinic ........................................................................................................... 78
Figure 7.10 The Crying Stone of Ilesi ................................................................................................... 79
Figure 7.11 Infrastructure along the Kakamega - Ilesi Road ............................................................ 80
Figure 7.12 Infrastructure along Lutonyi - Kakamega Road ................................................................. 81
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ACRONYMS AND ABBREVIATIONS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ACRONYMS AND ABBREVIATIONS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
EXECUTIVE SUMMARY
Project: Environmental and Social Impact Assessment (ESIA) Project Report for the proposed
Rehabilitation of Kakamega - Ilesi Road (7.60 km) and Lutonyi -kakamega Road (3.00 km) in
Kakamega County, Kenya.
Contracting Authority: Kenya Urban Roads Authority (KURA).
Project Consortium: Mota-Engil Engenharia e Construção (Engineering and Construction) Africa
(“MEECA”), Lee Construction Limited and CAPE Consult Limited.
Contractor: Mota-Engil Engenharia e Construção (Engineering and Construction) Africa (“MEECA”)
and Lee Construction Limited.
ESIA Consultants: Environmental Resources Management East Africa Limited (ERM)
Project Location: Kakamega East and Kakamega Central Sub counties, Kakamega County.
Project Description
The Project is located at Kakamega East and Kakamega Central Sub counties, Kakamega County.
The two roads that will be upgraded are the Kakamega - Ilesi Road (7.60 km) and Lutonyi -
Kakamega Road (3.00 km).
The Project Roads are primary roads categorised as class C, that is, roads linking provincially
important centres to each other or to higher class roads (Urban / Rural Centres). The proposed
Project is geared towards rehabilitating the small County Roads as part of KURA’s actions towards
improvement of the road network within Kakamega County and to contribute towards the achievement
of KURA’s mission, which is: “To provide and manage quality, safe and adequate urban road
networks.”
Investment in transportation infrastructure yields considerable economic benefits by reducing
transportation costs for existing activities, providing access to new areas with economic development
potential and assists in generating new investment opportunities. The proposed Project is expected to
stimulate the economy of Kakamega County and the country at large by easing mobility within
Kakamega East and Kakamega Central Sub County – particularly within and around Kakamega Town
(which falls within the Kakamega County). The main Project Road design elements include:
Carriageway width of 7 m (single carriage two-way road);
Walkway width of 1.5 m on both sides of the road (total walkway width of 3.0 m); and
Drainage Facilities of 1.5 m on both sides of the road (total drainage facilities are of 3.0 m).
Based on the above specifications, the total road width will be approximately 14m. The total road
reserve allocated for the construction of the road will be 20 m. Minor adjustments to the proposed
road section may arise after the detailed engineering designs have been completed.
ESIA Process/Methodology
The ESIA is being undertaken in fulfilment of the Environmental Management Coordination Act of
1999 and 2015 (EMCA) Schedule II that identifies projects that require an Environmental Impact
Assessment (EIA) to be conducted prior to the commissioning/operation in order to identify the
potential adverse impacts of a project and thereby devise appropriate mitigation measures. The ESIA
is also aligned to the relevant IFC Performance Standards on Environmental and Social
Sustainability, 2012.
Various data collection methods were used as follows:
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
Document Review
A literature review was undertaken based on the findings of the reconnaissance process, which
involved reviewing legislation, policies, the County Integrated Development Plan, and previous
studies carried out in the area to determine the baseline conditions and establish the legal,
institutional and biophysical / socio-economic environmental setting of the Project area.
The desk based study also included the development of fieldwork tools, fieldwork schedules as well
as the approach to stakeholder engagement as outlined in the Stakeholder Engagement Plan
(Appendix B of this Project Report).
Site Visits
Site investigations were undertaken from Monday 3rd to Saturday 8th June 2019 during which detailed
environmental and social baseline data was collected and, on the Friday 5th July 2019 and 16th August
2019 during which further stakeholder engagement was undertaken. Data was collected through:
a number of stakeholder meetings (including public meeting/baraza);
Key Informant Interviews (KII) especially with the technocrats of the relevant institutions;
Focus Group Discussions (FGD) with village elders; and
Site walkovers.
Photography and Global Positioning Systems (GPS) were used to record the salient features and
baseline conditions at the Project site and surroundings environs.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
Prepare an ESIA Project Report compliant to EMCA and the Environmental (Impact Assessment
and Audit) Regulations (2003/2016), detailing findings and recommendations for review by
NEMA.
Stakeholder Engagement
Stakeholder Engagement ensures that the views and concerns of stakeholders (including the
community) are incorporated as early as possible into the project development, i.e., at the planning,
implementation and operations phase, to minimise any potential unexpected opposition to the
proposed development, and potential adverse effects to the environment. Incorporating the views of
the stakeholders into the design process is also very beneficial for adopting the best workable models
and systems.
The main objective of the Stakeholder Engagement is to inform stakeholders and the public about the
proposed project and its likely effects, and in turn incorporate their inputs, views and concerns into
project planning. Four KIIs and two Public Barazas were held during the ESIA process of stakeholder
engagement from June - August 2019.
The key questions and concerns raised by stakeholders during the ESIA process are outlined in Table
0.1 and further detail is included in the SEP (Appendix B). Detailed minutes of the stakeholder
engagement meetings conducted during the ESIA process, meeting photos, attendance registers, and
the developed stakeholder engagement database, are all presented in Appendices C and D.
Associated Project The local stakeholders are willing to assist the Contractor identifying a potential
Infrastructure location for a camp/ materials yard.
Impacts arising from the extraction of the required Project materials should be
managed appropriately.
Stormwater The stakeholders wanted to know how the Contractor will ensure that the
Management/Drainage stormwater directed to the River Isiukhu will not affect its quality especially
siltation and sedimentation.
Ensure proper management of the discharges, particularly, stormwater. The
Project area receives high rain intensities (for about ten months every year) which
can lead to erosion if no proper measures to offset the stormwater are put in
place.
The CDE suggested that appropriate culverts should be installed for efficient
management of stormwater; the flow of stormwater should not be obstructed or
impeded.
Compensation Issues The stakeholders inquired if they will be compensated for structures, crops and
trees that have encroached on the road reserve.
The CECM advised that there are mining and prospecting interests in the some
sections of the road that have been on-going for a while. There is also debris that
was left in the area and prospects are still on-going. It is therefore anticipated that
there are some interests related to ownership and access of land in the area.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
Service Infrastructure along The local stakeholders were concerned of the impacts the Project will have on
the Project Roads road-side infrastructure (potable water supply pipelines and electricity
transmission and distribution lines).
The Project design should avoid road-site infrastructure where possible to avoid
the need for relocation. Where avoidance is not possible, relocation of the
electricity infrastructure should be done before the contractor is on-site.
It is KURA’s responsibility to have a wider corridor including where relocation
should take place.
At the time of planning for the relocation, it will be important to jointly plan for
electricity, water and sewerage infrastructure since at times, the institutions
responsible for these facilities agree and relocate them on one side of the road to
optimise space.
KPLC will quote and conduct the actual relocation of the electricity infrastructure;
however, it is KURA’s responsibility to pay for the relocation exercise as well as
provision of detailed Project design.
Details of the Road Design The stakeholders requested the Contractor to install road signs and bumps;
ensure appropriate safety features are in incorporated to prevent accidents.
The CDE pointed out that blasting has been a major issue in the area whereby
some contractors overcharge the explosives in the quarries resulting in
destruction of houses and animals.
Provisional bypasses should be provided to enable continuous access homes and
other developments along the Project Roads particularly during the construction
phase.
The CECM pointed out that there may be need for more culverts along the Ilesi –
Kakamega Road because of the hilly terrain.
Ensure proper landscaping measures are put in place especially in the areas
where there are underground tunnels that were used during the gold exploration.
The Contractor should ensure proper rehabilitation and restoration of the
excavated sites. There have been cases where the level of excavation makes it
impossible for proper backfilling to be undertaken.
Waste Management Proper waste management should be practiced and the Contractor can outsource
the special trucks used for transporting waste. NEMA charges Kshs. 8000/yr to
licence the self-owned waste handling trucks.
The CEC pointed out that there is a dumpsite in the area where all the solid waste
is disposed although the County Government has plans to have it relocated and
use the current ground as a holding station before the waste is transferred. The
county intends to use the waste for power generation.
Health and Safety Adhere to all safety requirements during especially construction phase.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
Social Issues The stakeholders requested for construction of a rehabilitation centre for addicts
as part of the Corporate Social Responsibility (CSR).
Gender issues in the area are mainly about ownership of property. Most people in
the area have not transferred property ownership to the next of kin and it
becomes challenging to resolve family disputes especially when they pass away.
The CEC proposed the creation of recreational grounds as the decommissioning
measures for the gold mines. He suggested that this can be done as part of the
CSR activities.
There are also likely to be issues related to culture especially graves as most
people in the area burry their loved ones in front of their houses in marked
graves.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
For most of the identified impacts, mitigation/management measures will reduce the significance of
such impacts to a minor or negligible level, but with some impacts, even with mitigation, residual
impacts will only be reduced to a moderate level mainly due to the location of the Project Roads in in
the outskirts of Kakamega Town, the main urban centre in Kakamega County.
A summary of the key impacts whose significance can only be minimised to a moderate level, even
after the application of the appropriate mitigation measures, and which will require careful and
consistent ongoing management during Project implementation, are provided below.
Impacts on the Noise Environment (including vibrations) during both the Construction
and Operations Phase – The main source of noise and vibrations will be attributed to the
heavy construction machinery and construction vehicles that will be used during the
construction phase; however, there will be no blasting at the Project site. For general
construction activities, the potential for building damage (usually only cosmetic damage) is
likely to be limited to a distance of less than 50 m from the construction activity. Moderate
significant impacts may occur within this distance. There are structures (both residential and
commercial) within a distance of 50 m from the Project Roads.
The main source of noise and vibrations during the operations phase will be attributed to the
increased traffic volumes along the Project Roads.
The recommended management measures aim at reducing the intensity of emitted noise and
vibrations during the construction phase. However, it is recommended that noise and vibration
monitoring is periodically conducted during the construction phase and if excessive levels are
recorded at sensitive receptors, additional measures will need to be devised and implemented
to reduce the effects to acceptable levels. During the operations phase, the police in liaison
with the Contractor (for the first eight years) and Project Developer will need to enforce the
traffic laws.
Impacts on Water Quality and Flow during the Construction Phase – The construction
phase will be associated with earthwork activities including excavations which has a potential
of damaging the domestic water supply and sewer network thus contaminating the water
supply system. Excavated material; if not well managed; will be eroded during rainy seasons,
and may potentially flow into the River Isiukhu and its tributaries and cause sedimentation,
which will further increase the concentration of suspended solids and turbidity already
observed in the river. Another potential source of water contamination will be from small scale
leaks and spills of petroleum products (fuel, oil, etc.) from Project machinery and fuel storage
tanks (if applicable), e.g., due to accidental damage and/or improper maintenance. The paved
road and improved drainage system will direct stormwater into the drainage channels thus
increasing the volume and ultimately rate of flow of guided stormwater. There is uncertainty
about effective management of impacts on water quality and flow once it has occurred;
therefore, the recommended mitigation measures aim at preventing the occurrence of this
impact. However, it is recommended that this is continuously monitored throughout the
construction phase so that this impact does not occur beyond acceptable levels, and that
appropriate measures are devised and implemented to further reduce it to acceptable levels.
This may include temporarily suspending construction activities during intense rainy periods.
Impact on Community Service Infrastructure (Domestic Water Supply and, Electricity
Transmission and Distribution) Network – In order to pave way for the construction
activities, the community service infrastructure within the road corridor ((domestic water
supply and electricity transmission and distribution networks) will be relocated by the
Contracting Authority (KURA) where possible as part of the easement process. During this
process, the customers supplied by the affected networks may suffer short term temporary
disruptions to the provided services. In practice, the water supply network that crosses the
Project Roads will only be relocated during the carrying out of the construction activities since
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) EXECUTIVE SUMMARY
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
they will need to be temporarily removed and buried again to ensure that the customers on
the opposite side of the road continue to access potable water after the construction phase
disruptions. Relocation of electricity infrastructure is anticipated to be undertaken prior to the
commencement of the construction activities. Another cause of the impact on water supply
will be water abstraction to meet the Project’s water needs. This impact cannot be avoided
since the community service infrastructure within the Project footprint has to be relocated.
Therefore, the recommended mitigation measures aim at minimising the period of disruption
as much as possible. Any activities that have a potential of disrupting the functioning of the
community service infrastructure will need to be swiftly implemented with utmost care and
closely monitored. In particular, relocation schedules must be prepared, communicated
timeously to the affected stakeholders and followed as much as possible during the
implementation of the relocation activities.
Traffic Impacts – During the construction phase, it is expected that there will be increased
vehicle movements in the Project area, as trucks will be required to transport materials and
equipment. During the construction phase, residents will be disrupted and inconvenienced by
detours, local road closures, safety hazards such as deep excavations, especially at the
junctions of access roads to their homes and business units, and by increased road traffic
within the Project area, which will be exacerbated by heavy Project equipment and vehicles,
and temporary blockages/reduced traffic flow along emergency services routes. The
recommended mitigation measures aim at minimising these disruptions as much as possible;
however, community sensitisation is paramount to enable the affected parties to adapt to the
changes as they wait for the completion of the upgrade activities and begin to enjoy a better
road.
An Environmental and Social Management and Monitoring Plan (ESMMP) has been prepared to
ensure that social and environmental impacts and risks identified during the ESIA process are
effectively managed during the construction and operations of the Project. The ESMMP specifies the
mitigation and management measures to which KURA and the Contractor are committed and shows
how the Project will mobilize organizational capacity and resources to implement these measures.
The ESMMP also shows how mitigation and management measures will be scheduled and will ensure
that the Project complies with the applicable laws and regulations within Kenya, as well as the
requirements of IFC Performance Standards on environmental and social sustainability.
ERM is confident that every effort will be made by the Contracting Authority and Contractor to
accommodate the mitigation measures recommended during the ESIA process to the extent that is
practically possible, without compromising the economic viability of the Project or having a lasting
impact on the environment.
In summary, based on the findings of this assessment, ERM finds no reason why the Project Roads,
should not be authorised, contingent on the mitigations and monitoring for potential environmental
and socio-economic impacts as outlined in the ESMMP.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) INTRODUCTION
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
1. INTRODUCTION
1.1 Overview
The Government of the Republic of Kenya, through the Ministry of Transport and Infrastructure, and
represented by the Kenya Urban Roads Authority (KURA), has formed a Public Private Partnership
(PPP) with the appointed consortium comprising of Lee Construction Limited (LCL), Cape Consult
Limited (CCL) and Mota-Engil Engenharia e Construção (Engineering and Construction) Africa
(“MEECA” or Mota-Engil Africa) (hereafter referred to as the Project Developer) to design, finance,
construct and maintain urban roads in the Kenya Roads Annuity Programme, comprising Lot 15 (a
total of 10 urban roads spread through six counties of Kenya, namely Nyeri, Laikipia, Kirinyaga,
Embu, Muranga and Tharaka Nithi) and Lot 18 (a total of six urban roads spread through four
counties in Kenya, namely Kakamega, Vihiga, Bungoma and Busia). All the Project Roads in these
lots (Lot 15 and Lot 18) are existing murram/gravel roads located in largely urbanised areas which will
be upgraded (paved, walkaways added as well as the construction of effective drainage system) as
part of the scope required of the Annuity programme (Figure 1.1 and Figure 1.2). It is understood that
LCL and MEECA will be the construction Contractor for the Project Roads.
In order to ensure environmental and social compliance, the Project Consortium appointed
Environmental Resources Management Consulting East Africa Limited (ERM) to act as independent
environmental and social consultants to undertake the Environmental and Social Impact Assessment
(ESIA) for the proposed rehabilitation of the Project Roads within the annuity programme.
The ESIA is being undertaken as part of the Kenyan Environmental Impact Assessment (EIA)
Process in accordance with regulatory requirements stipulated in the Environmental Management and
Coordination Act of 1999 and 2015 (EMCA), and the Environmental (Impact Assessment and Audit)
regulations of 2003 (and 2016 Amendments). The ESIA was also guided by the lender requirements
such as the International Finance Corporation’s (IFC’s) Performance Standards (2012) and IFC’s
Environment, Health and Safety (EHS) guidelines.
During the screening exercise (refer to Chapter 3 for details), it was agreed that the best approach for
the assessment is to prepare ESIA Project Reports per County, clearly specifying and adequately
assessing the roads that falls within each of the Counties. Accordingly, this ESIA Project Report
covers the two roads, hereafter referred to as the Project Roads, in Kakamega County presented in
Table 1.1 and Figure 1.3.
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Mota Engil Engenharia e Construção (Engineering and Construction) Africa has a wide portfolio, a
long-term strategic outlook and an expanded horizon for work, seeking to develop partnerships to
carry out projects in the areas of infrastructures in areas as diverse as Transports and Logistics,
Energy, Oil & Gas and Environment.
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2.2.1 Session Paper No. 5 on the Development and Management of the Road
Sub-Sector for Sustainable Economic Growth, 2006
The goal of the policies outlined in this Sessional Paper is to attain an efficient road sector that
supports and promotes economic growth through the cost effective provision and maintenance of
infrastructure that is necessary for safe and reliable road transport. This Session Paper presents
various policy statements on:
Providing an appropriate Road Network;
Road Maintenance;
Technical Standards;
Non-Motorised Transport (NMT);
Traffic Management;
Road Safety;
Roads and Land-Use Planning; and
Axle Load Compliance.
2.2.2 Session Paper No.10 of 2014 on the National Environment Policy, 2014
The overall goal of this Session Paper is to ensure better quality of life for present and future
generations through sustainable management and use of the environment and natural resources.
Section 5.6 of this Session Paper focusses on infrastructure development and environment and
makes explicit policy statements to ensure sustainable management and use of the environment and
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natural resources during the construction and operation of infrastructure developments including
roads. These policy statements require the commitment of the Government to:
Ensure Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA),
Social Impact Assessment (SIA) and Public Participation in the planning and approval of
infrastructural projects;
Develop and implement an environmentally-friendly national infrastructural development strategy
and action plan; and
Ensure that periodic Environmental Audits are carried out for all infrastructural projects.
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It further stipulates in Part II that “Every person has a duty to cooperate with State organs and other
persons to protect and conserve the environment and ensure ecologically sustainable development
and use of natural resources.”
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(1) The Second Schedule of the EMCA was updated in the Environmental (Impact Assessment and Audit) (Amendment)
Regulations, 2016.
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Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public highway,
street, road, recreational area or in any public place except in a designated waste receptacle.
Monitoring the product cycle from beginning to end is also required by:
Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-
hazardous waste for appropriate disposal. Regulation 15 prohibits any industry from discharging or
disposing of any untreated waste in any state into the environment. Regulation 17 (1) makes it an
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offence for any person to engage in any activity likely to generate any hazardous waste without a
valid Environmental Impact Assessment license issued by NEMA.
These Regulations were published as legal Notice No. 61 being a subsidiary legislation to the
Environmental Management and Co-ordination Act, 1999. The Regulations provide information on the
following:
provisions relating to licensing procedures for certain activities with a potential of emitting
excessive noise and/or vibrations; and
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 the comfort, repose,
health or safety of others and the environment. Regulation 4 prohibits any person to (a) make or
cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose,
health or safety of others and the environment; or (b) cause to be made excessive vibrations which
exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any
moving source.
Regulation 5 further makes it an offence for any person to make, continue or cause to be made or
continued any noise in excess of the noise levels set in the First Schedule to these Regulations,
unless such noise is reasonably necessary to the preservation of life, health, safety or property.
Regulation 12 (1) makes it an offence for any person to operate a motor vehicle which- (a) produces
any loud and unusual sound; and (b) exceeds 84 dB(A) when accelerating. According to sub-
Regulation 2 of this Regulation, no person shall at any time sound the horn or other warning device of
a vehicle except when necessary to prevent an accident or an incident. Regulation 13 (1) provides
that except for the purposes specified in sub-Regulation (2) there under, no person shall operate
construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer,
derrick or steam or electric hoist) or perform any outside construction or repair work so as to emit
noise in excess of the permissible levels as set out in the Second Schedule to these Regulations.
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 the Authority. According to sub-
Regulation 4, such permit shall be valid for a period not exceeding three months.
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The Contractor will be required to ensure compliance with the above Regulations in order to promote
a healthy and safe working environment throughout the construction and maintenance phases. This
shall include regular inspection and maintenance of equipment to reduce noise and vibration,
prohibition of unnecessary noise emitted from construction equipment and project heavy and light
vehicles, adherence to the noise levels stipulated for day and night etc.
Note - where Kenyan standards are set out in terms of parts per million, these have been converted
to µg/m3 for ease of comparison. The Kenyan air quality standards for SO2, PM10 and PM2.5 are
similar to other international standards (i.e. IFC, EU and USEPA). For NO2, the Kenyan air quality
standard is somewhat less stringent than the standards set by these bodies, but are comparable to
some other African countries (for example Egypt, Benin, Tunisia). The air quality standards for SO2,
PM10 and PM2.5 are considered suitable for purpose, and whilst the NO2 standards are less stringent
than IFC, these are still considered reasonable and suitable for purpose in the protection of human
health.
Table 2.2 Kenya Air Quality Emission Standards for Residential Areas
Draft Kenyan Standards
Pollutant Averaging period Criterion (µg/m3)
NO2 annual average 96
NO2 monthly average 153
NO2 24 hour maximum 100
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This Act of Parliament intended to give effect to Article 68 of the Constitution, to revise, consolidate
and rationalise land laws, to provide for the sustainable administration and management of land and
land based resources, and for connected purposes.
Parts 1 and 2 of Section 4 of the Act outline the main guiding principles in land management and
administration, binding to all land actors including State officers. These principles are to be applied
when enacting, applying or interpreting any provisions of this Act; and when making or implementing
public policy decisions. In discharging their functions and exercising of their powers under this Act, the
Commission and any State officer or Public officer shall be guided by the following values and
principles:
elimination of gender discrimination in law, customs and practices related to land and property in
land;
participation, accountability and democratic decision making within communities, the public and
the Government;
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Article 5 of the Land Act, lists forms of land tenure: Freehold; Leasehold; such forms of partial interest
as may be defined under this Act and other law, including but not limited to easements and customary
land rights, where consistent with the Constitution. This article also provides for equal recognition and
enforcement of land rights arising under all tenure systems and non-discrimination in ownership of,
and access to land under all tenure systems.
Article 56 of the Land Act on the power to lease land states that the owner of private land may:
(a) Lease that land or part of it to any person for a definite period or for the life of the lessor or of the
lessee or for a period which though indefinite, may be terminated by the lessor or the lessee; and
(b) Subject the lease to any conditions that may be required by this Act or any other law or that the
lessor may impose.
Although the Project Roads already exist on land under KURA’s management, on behalf of the
Government, the above principles and values of land management will need to be observed to ensure
undisputed land ownership as well as acceptable utilisation and management practices.
This is an Act of Parliament to make further provision as to the functions and powers of the National
Land Commission, qualifications and procedures for appointments to the Commission, to give effect
to the objects and principles of devolved government in land management and administration, and for
connected purposes.
The mandate of the Commission, as provided for in the Act, Pursuant to Article 67(2) of the
Constitution, shall be:
to advise the national government on a comprehensive programme for the registration of Title in
Land throughout Kenya;
to conduct research related to land and the use of natural resources, and make
recommendations to appropriate authorities;
to initiate investigations, on its own initiative or on a complaint, into present or historical land
injustices, and recommend appropriate redress;
to assess tax on land and premiums on immovable property in any area designated by law;
to monitor and have oversight responsibilities over land use planning throughout the country;
on behalf of, and with the consent of the national and county governments, alienate public land;
to ensure that public land and land under the management of designated state agencies are
sustainably managed for their intended purpose and for future generations;
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develop and maintain an effective land information management system at national and county
levels;
manage and administer all unregistered trust land and unregistered community land on behalf of
the county government; and
develop and encourage alternative dispute resolution mechanisms in land dispute handling and
management.
Any land ownership documents required for the Project Roads must be confirmed by the National
Land Commission (NLC), the government institution mandated with the acquisition and management
of government land as well as issuance of land title deeds if and where applicable.
This is an Act of Parliament to give effect to Article 162 (2) (b) of the Constitution; to establish a
superior Court to hear and determine disputes relating to the environment and the use and occupation
of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected
purposes. The principal objective of this Act is to enable the Court to facilitate the just, expeditious,
proportionate and accessible resolution of disputes governed by this Act.
Section 13 (2) (b) of the Act outlines that in exercise of its jurisdiction under Article 162 (2) (b) of the
Constitution, the Court shall have power to hear and determine disputes relating to environment and
land, including disputes:
relating to environmental planning and protection, trade, climate issues, land use planning, title,
tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources;
relating to public, private and community land and contracts, choses in action or other
instruments granting any enforceable interests in land; and
Section 24 (2) also states that the Chief Justice shall make rules to regulate the practice and
procedure, in tribunals and subordinate courts, for matters relating to land and environment.
Section 30 (1) states that all proceedings relating to the environment or to the use and occupation and
title to land pending before any Court or local tribunal of competent jurisdiction shall continue to be
heard and determined by the same court until the Environment and Land Court established under this
Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar.
The overall goal is to implement the project in a proactive manner avoiding land and environment
disputes and if any such disputes arise, effectively address them through the Project Grievance
Management team that will be set up prior to the commencement of the construction activities.
However, in the event that there are land or environment grievances that are escalated and require to
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be addressed through established courts of laws, these will need to be addressed through the Land
and Environment Court, the dedicated court for addressing such matters.
This is an Act of Parliament intended to revise, consolidate and rationalise the registration of titles to
land, to give effect to the principles and objects of devolved government in land registration, and for
connected purposes.
Land Registry
Section 7(1) of the Act provides for establishment of a land registry in each registration unit which
shall keep registers of the following regarding land:
parcel files containing the instruments and documents that support subsisting entries in the land
register;
any plans which shall, after a date appointed by the Commission, be geo-referenced;
the presentation book, in which shall be kept a record of all applications numbered consecutively
in the order in which they are presented to the registry;
Further, Section 9 (1) provides that the Registrar shall maintain the register and any document
required to be kept under this Act in a secure, accessible and reliable format. These documents
include:
publications, or any matter written, expressed, or inscribed on any substance by means of letters,
figures or marks, or by more than one of those means, that may be used for the purpose of
recording that matter;
The register, as provided for in Part 2 of Section 9, shall contain the following particulars;
name, personal identification number, national identity card number, and address of the
proprietor;
in the case of a corporate body, name, postal and physical address, certified copy of certificate of
incorporation, personal identification numbers and passport size photographs of persons
authorised and where necessary attesting the affixing of the common seal;
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any other particulars as the Registrar may, from time to time, determine.
The relevant Authority (KURA) will be responsible for updating any title deeds, as may be required in
the event that land needs to be acquired for the execution of the Project.
The Water Act No. 43 of 2016 provides for the regulation, management and development of water
resources, water and sewerage services; and for other connected purposes. As stated in Section 63,
every person in Kenya has the right to clean and safe water in adequate quantities and to reasonable
standards of sanitation as stipulated in Article 43 of the Constitution.
Section 21(1) of this Act provides for national monitoring and information systems on water resources.
Section 21(2) that follows mandates the Water Resources Authority (WRA) to demand from any
person, within a reasonable time or on a regular basis, to provide it with specified information,
documents, samples or materials in relation to the system referred to in Section 21(1). Under these
rules, specific records may require to be kept by a site operator and the information thereof furnished
to the authority.
Section 36 makes it a requirement to obtain a permit for any of the following purposes:
any use of water from a water resource, except as provided by Section 37 (1);
any other purpose, to be carried out in or in relation to a water resource, which is prescribed by
Regulations made under this Act to be a purpose for which a permit is required.
without a permit, constructs or employs works for a purpose for which a permit is required; or
being the holder of a permit, constructs or employs any such works in contravention of the
conditions of the permit.
In line with Section 5(1) of the Second Schedule of this Act, the permit holder shall submit a
completion certificate in the prescribed form upon the expiration of the time limited by a permit for
construction of works authorised by the permit, or where the construction is completed before the
expiration of that time.
(1) Section 37 lists water use practices that are exempted from the acquisition of a water use permit. These include:
(a) for the abstraction or use of water, without the employment of works, from any water resource for domestic purposes
by any person having lawful access to the water resource;
(b) for the abstraction of water in a spring which is situated wholly within the boundaries of the land owned by any one
landholder and does not naturally discharge into a watercourse abutting on or extending beyond the boundaries of
that land; or
(c) for the storage of water in, or the abstraction of water from a reservoir constructed for the purpose of such storage
and which does not constitute a water course for the purposes of this Act.
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Section 143 (1) further prohibits any person from participating in any of the following activities without
authority conferred under this Act:
wilfully obstruct, interfere with, divert or obstruct water from any watercourse or any water
resource, or negligently allow any such obstruction, interference, diversion or abstraction; or
throw, convey, cause or permit to be thrown or conveyed, any rubbish, dirt, refuse, effluent, trade
waste or other offensive matter or thing into or near to any water resource in such manner as to
cause, or be likely to cause, pollution of the water resource.
Water abstraction to meet the Project’s water requirements will need to be done in line with the
provisions of this Act. In addition, any impacts to the domestic water supply network will need to be
effectively managed to ensure that water quality is not compromised.
The Water Quality Regulations (2006) are contained in the Kenya Gazette Supplement No 68, Legal
Notice No 120. Of immediate relevance to the proposed roads for the purposes of this ESIA Project
Report is Part II, Sections 4 - 5, as well as Part V, Section 24.
Part II, Section 4 states that “Every person shall refrain from any act which directly or indirectly
causes, or may cause, immediate or subsequent water pollution.”
Part V, Section 24 states that “No person shall discharge or apply any poison, toxic, noxious or
obstructing matter, radioactive wastes, or other pollutants or permit any person to dump or discharge
any such matter into water meant for fisheries, wildlife, recreational purposes of any other uses.”
Any impacts to the domestic water supply network as well as the Isiukgu River and its tributaries will
need to be effectively managed to ensure that water quality is not compromised.
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2.4.20 The Public Health (Drainage and Latrine) Rules, Cap 130, 1958
Rule 85 provides that every owner or occupier of every workshop, workplace or other premises where
persons are employed shall provide proper and sufficient latrines for use by employees.
Rule 87 requires every contractor, builder or other person employing workmen for the demolition,
construction, reconstruction or alteration of any building or other work in any way connected with
building to provide in an approved position sufficient and convenient temporary latrines for use by
such workmen. Rule 91 provides that no person shall construct a latrine in connection with a building
other than a water closet or a urinal, where any part of the site of such building is within 200 feet of a
sewer belonging to the local authority which is at a suitable level, and where there is sufficient water
supply.
Human waste particularly from the construction workers will need to be properly managed in line with
the provisions of these rules. For instance, there should be toilets (whether permanent or temporary)
for the Project workers at the work place.
This is the main Act that governs land planning. It stipulates that all proposed developments must be
approved by the respective local authority and a certificate of compliance issued accordingly.
This Act provides for the preparation and implementation of physical development plans for
connected purposes. It establishes the responsibility for the physical planning at various levels of
Government in order to remove uncertainty regarding the responsibility for regional planning.
A key provision of the Act is the requirement for an Environmental Impact Assessment (EIA) to be
conducted prior to the issuing of a certificate of compliance.
This is an Act of Parliament to provide for the safety, health and welfare of all workers and all persons
lawfully present at workplaces, to provide for the establishment of the National Council for
Occupational Safety and Health and for connected purposes.
It applies to all workplaces where any person is at work, whether temporarily or permanently.
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The Act is enacted to consolidate the law relating to trade unions and trade disputes, to provide for
the registration, regulation, management and democratisation of trade unions and employers
organisations and federations. Its purpose is to promote sound labour relations through freedom of
association, the encouragement of effective collective bargaining and promotion of orderly and
expeditious dispute the protection and promotion of settlement conducive to social justice and
economic development for connected purposes. This Act is important since it provides for an
employer – employee relationship that is important for the activities that would promote management
of the environment at a workplace.
With the Project Developer being the primary employer during the construction and operational
phases of the Project, it is bound by this law to abide to its stipulations on employee management and
relations.
2.4.24 HIV/AIDS Prevention and Control Act (Act No.14 of 2006, Revised in
2012)
This is an Act of Parliament to provide measures for the prevention, management and control of HIV
and AIDS, to provide for the protection and promotion of public health and for the appropriate
treatment, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and
for connected purposes.
Part II, Section 7 of this Act requires HIV and AIDs education in the work place. In accordance with
the requirements of this Act, the government is expected to ensure provision of basic information and
instruction on HIV and AIDs prevention and control to: Employees of all Government ministries,
Departments, authorities, and other agencies; and, Employees of private and informal sectors. The
information on HIV and AIDs is expected to be treated with confidentiality at the work place and
positive attitudes shown towards infected employees and workers.
2.4.25 List of Permits Required for the Project, as per the Requirements of
Kenyan Law
Table 2.3 provides a summary of the environmental and social permits and licences required for the
Project.
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Table 2.3 Relevant Environmental and Social Permits Required for the Project
Phase Sector Legislation Authority Permit/Licence Comments
Construction Environment EMCA NEMA EIA Licence The EIA licence will give the
Phase decision criteria for NEMA
Environmental Management and NEMA Ensure that the contracted waste handlers When disposing waste
Coordination (Waste Management) (transport and disposal) are licensed by
Regulations, 2006 NEMA
Water Water Act, 2016 WRA Water abstraction license. To be obtained after making a
Resources final decision on the preferred
source of water
Land Land Act 2012, National Land National Land Title Deeds Amendments to title deeds of
Commissions Act, 2012, Land Commission properties if required
Registration Act, 2012
Physical Planning Act, 1996 Planning Department Development Approval Relates to building and urban
(Ministry of Lands) planning
Occupational Occupational Health and Safety, Directorate of Registration of workplace Prior to construction
Health and 2007 Occupational Health and
Safety Safety (DOSH)
Operation Environment EMCA NEMA Initial Environmental Audit Annual, throughout the
Phase Acknowledgement Letter and Self-Audit operations phase
Acknowledgement thereafter
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The International Finance Corporation (IFC), a division of the World Bank Group that lends to private
investors, has a Sustainability Policy and set of Performance Standards (PSs) on Social and
Environmental Sustainability (January 2012). It should be noted that even for Projects that do not
anticipate seeking financing from the IFC, the IFC PSs are typically applied as a benchmark of
international good practice.
The PSs are directed towards providing guidance on how to identify risks and impacts, and are
designed to help avoid, mitigate and, manage risks and impacts as a way of doing business in a
sustainable way, including stakeholder engagement and disclosure obligations of the client in relation
to project-level activities. In the case of direct investments for the IFC (including project and corporate
finance provided through financial intermediaries), the IFC requires that its clients apply the PSs to
manage environmental and social risks and impacts so that development opportunities are enhanced
(IFC, 2012). A number of lenders have adopted these IFC PSs.
A summary of the scope of the IFC PSs and the applicability to the Project is set out in Table 2.4.
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(1) This Performance Standard applies to those areas of modified habitat that include significant biodiversity value, as determined by the risks and impacts identification process.
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General EHS Guidelines exist which contain information on cross-cutting environmental, health, and
safety issues potentially applicable to all industry sectors; these are listed in Box 2.1.
Where applicable, the abovementioned EHS Guidelines will be applied to the proposed Project.
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2.5.3.1 IFC EHS Guidelines – 1.1 Air Emissions and Ambient Air Quality
The IFC recommend that the air quality guidelines as set out by the World Health Organisation (WHO)
be utilised in such an assessment. The WHO standards are divided into a number of stages, which
have interim targets and a final guideline target. The WHO guidelines are recognised to be particularly
conservative, as they make no consideration of the economic burden of achieving the stipulated
guidelines. The WHO final guideline target is aspirational, and as such, this target should be
progressively worked towards. In the case of the proposed Project, progression towards the
achievement of the final guideline target may be assisted by regulatory changes to the quality of fuel
used for construction and project-owned vehicles (for example, low sulphur fuels) and the regular
maintenance and potential mandatory testing of those vehicle emissions.
On the basis of the above, Table 2.5 sets out the Draft Kenyan Air Quality Emission Standards for
Residential Areas (as defined in Section 2.4.11) and IFC air quality assessment criteria used in this
ESIA Project Report for the proposed Project, for comparison.
In addition to the criteria set out above, guidance published by the Institute of Air Quality Management
(IAQM) has been used in the assessment (4), in the absence of any national or other international
guidance pertaining to dust emissions. Whilst these documents are UK-focussed and therefore not
specifically designed for use in Kenya, they do contain methods, criteria and descriptors for assessing
potential impacts associated with construction dust, which are considered to be useful for this study.
The documents also recommend and outline mitigation measures where appropriate, to minimise the
effect of any residual impacts.
(1) IAQM, 2014. Guidance on the assessment of dust from demolition and construction. Institute of Air Quality Management,
February 2014.
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In the majority of cases, the IFC EHS General Guidelines are substantially more stringent than the
Kenyan Air Quality Standards; however, it is acknowledged that the IFC / WHO Standards do not
consider the economic factors affecting guideline attainment. Using a pragmatic approach, the IFC
Interim Target 1 values have been used in the assessment, as these represent a reasonable balance
between protection of air quality and economic burden.
Within the assessment, both the relevant Kenyan and IFC standards and guidelines have been used.
2.5.3.2 IFC EHS Guidelines – 1.3 Wastewater and Ambient Water Quality
IFC EHS Guideline 1.3 specifies that discharges should not result in contaminant concentrations in
excess of local ambient water quality criteria or, in the absence of local criteria, other sources of ambient
water quality. Receiving water use and assimilative capacity, taking other sources of discharges to the
receiving water into consideration, should also influence the acceptable pollution loadings and effluent
discharge quality.
As Kenya has water quality criteria / standards for effluent discharge into environment (refer to Section
2.4.8), these will be used in this assessment.
The setting of targets for water use, and monitoring of water flows against these targets;
Water reuse where possible; and
Reducing leaks and making more efficient use of water within the water reticulation system.
Table 2.6 presents the IFC noise guidelines that should not be exceeded at the nearest Noise Sensitive
receptor (NSR) locations offsite. In addition to the absolute values provided in Table 2.1, the IFC also
requires that noise increase above existing (background) levels should not exceed 3 dB.
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IFC Guidelines are designed to apply to noise emissions from facilities and stationary noise sources
(such as factories), and are not applicable to linear infrastructure such as roadways. IFC EHS
Guidance for Toll Roads (normally designed for speeds of 90 km.hr or higher) are also not applicable
to the Project Roads since the recommended speed at the Project Roads will be 50 km/hr. Therefore,
Kenya’s national recommended noise limits (Table 2.1) have been used in this assessment.
The overall authority for implementation of the environmental and social mitigation measures and
management plans will be the Environmental Division at KURA through the Project Developer/
Contractor. The key responsible implementing organisation for the construction phase of the Project
will be the Contractor, due to their physical presence and direct involvement in the Project.
A summary of other organisations that are relevant to the proposed Project are provided in Table 2.7
and explained in more details in Chapter 10 of this report.
Organization Responsibilities
Ministry of Transport and Provide policy guidance on national transportation infrastructure.
Infrastructure
National Environmental General supervision and, co-ordination of all matters relating to the
Management Authority (NEMA) environment. NEMA is the principal instrument in Government in the
implementation of all policies relating to the environment. NEMA is also
responsible for monitoring compliance with all the environmental
regulations.
Department of Occupational Monitor the implementation of health and safety plans for construction
Health and Safety workers and members of public coming into contact with construction
activities.
County Government Monitor developments within the County.
Collaborate on physical planning of relevance to the improved road.
Review master plans for compatibility with the improved road.
Ministry of Health Surveillance of public health with respect to workers and affected
communities, especially in regard to HIV/AIDS and other
communicable diseases.
Identify suitable linkages between the road and health facilities
including emergency access.
Lands, Housing and Urban Facilitate land acquisition when required.
Development/National Land Protection of the road reserve after the construction.
Initiating the process of land use zoning within the Project area.
Commission
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Identify all potentially significant adverse environmental and social impacts of the Project and
recommend measures for mitigation.
Gather baseline data to inform the assessment of impacts and to monitor changes to the
environment as a result of the Project as well as evaluate the success of the mitigation measures
implemented.
Recommend measures to be used to avoid or reduce the anticipated negative impacts and
enhance the positive impacts.
Prepare an ESIA Project Report compliant to EMCA and the Environmental (Impact Assessment
and Audit) Regulations (2003/2016), detailing findings and recommendations for review by
NEMA.
3.2 Methodology
3.2.1 Screening
The proposed Project was screened to determine the need to undertake an ESIA based on:
Project characteristics;
The Second Schedule of EMCA (as amended in the Environmental (Impact Assessment and
Audit) Regulations amendments of 2016, which lists the projects that must undergo an EIA; and
ERM carried out two reconnaissance site visits in December 2017 and September 2018. The purpose
of the site visits was to familiarise the Project Team with the Project Area and to collect primary
environmental and social baseline data to inform the required level of assessment. ERM also held two
meetings with NEMA on 9th November 2017 and 11th June 2019 to discuss the proposed approach to
the ESIA and confirm the required level of assessment.
Based on the above criteria and engagement with NEMA, it was concluded that although the
Contracting Authority has identified a number of urban roads for rehabilitation under the Lot 15 and
Lot 18 Annuity Programme, an ESIA Project Report per county would be required (each Project
Report covering the roads within the considered county). The reasons for reaching this decision were
as follows:
Legal Notice no 149 of the National Environment (Impact Assessment and Audit) of 2016
classifies the proposed Project (specifically, construction and rehabilitation of roads including
collectors and access roads) as Medium Risk which can be approved through the preparation
and submission of ESIA Project Reports(5); and
(5) As per the 2016 amendments of the National Environment (Impact Assessment and Audit) Regulations, Projects are
classified as Low, Medium and High Risk based on their environmental and social risks. Low and Medium Risk projects maybe
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The nature and extent of the potential impacts of the Project (all the Project Roads are existing
roads and the upgrade/rehabilitation activities for these roads are expected to be limited to the
existing and available road reserve.
In order to understand the existing baseline environmental and social conditions in the area, a variety
of data collection methods were used. These are described below:
A literature review was undertaken based on the findings of the reconnaissance process, which
involved reviewing legislation, policies, the County Integrated Development Plan, and previous
studies carried out in the area to determine the baseline conditions and establish the legal,
institutional and biophysical/socio-economic environmental setting of the Project area.
The desk based study also included the development of fieldwork tools, fieldwork schedules as well
as the approach to stakeholder engagement as outlined in the Stakeholder Engagement Plan
(Appendix B of this Project Report).
Site investigations were undertaken from Monday 3rd to Saturday 8th June 2019 during which detailed
environmental and social baseline data was collected and on the JuneFriday 5th July 2019 and 16th
August 2019 during which further stakeholder engagement was undertaken. Data was collected
through:
Key Informant Interviews (KII) especially with the technocrats of the relevant institutions;
Site walkovers.
Photography and Global Positioning Systems (GPS) were used to record the salient features and
baseline conditions at the Project sites and surroundings environs.
The purpose of impact assessment is to identify and evaluate the significance of potential impacts on
identified receptors and resources according to defined assessment criteria and to develop and
describe mitigation measures that will be taken to avoid or minimise any potential adverse effects and
to enhance potential benefits.
The impacts of the proposed Project were identified based on the findings of stakeholder consultation,
the existing baseline conditions, the proposed Project activities and professional knowledge of the
consultants. Impacts are first distinguished as either positive or negative (Chapter 9 of this Project
Report). The cross-sectoral issues and aspects are: health; safety; air quality, especially dust; waste
approved through the submission of ESIA Project Reports; however, these amendments specify that High Risk projects shall
require submission of an ESIA Study Report.
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management; social aspects particularly labour recruitment and management; infrastructure, and
utilities.
Project - The features and activities that are a necessary part of the Project Developer’s
development plans without which the Project cannot proceed. The Project is also the collection of
features and activities for which authorisation is being sought.
Project Site - The (future) primary operational area for the Project activities.
Project Footprint - The area that may reasonably be expected to be directly affected by Project
activities, across all phases. The Project Footprint includes land used on a temporary basis such
as construction lay down areas, materials yards, borrow pits or construction haul roads, as well
as disturbed areas in transport corridors, both public and private.
An impact is any change to a resource or receptor brought about by the presence of a Project
component or by the execution of a Project related activity. The evaluation of baseline data provides
crucial information for the process of evaluating and describing how the Project could affect the bio-
physical and socio-economic environment.
Impacts are described according to their nature or type, as summarised in Table 3.1.
Impacts are described in terms of ‘significance’. Significance is a function of the magnitude of the
impact and the sensitivity/vulnerability/importance of resource/receptor.
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Impact magnitude (sometimes termed severity) is a function of the type, extent, duration, scale and
frequency of the impact. These characteristics apply to both planned and unplanned events/ impacts
and are briefly described in Table 3.2.
An additional characteristic that pertains only to unplanned events is likelihood. The likelihood of
an unplanned event occurring is designated using a qualitative scale, as described in Table 3.3. .
The overall magnitude of an impact is a combination of the above characteristics. The universal
magnitude designations are:
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Negligible;
Small;
Medium; and
Large.
There are a range of factors to be taken into account when defining the
sensitivity/vulnerability/importance of the resource/receptor, which may be physical, biological, cultural
or human. Other factors may also be considered when characterising
sensitivity/vulnerability/importance, such as legal protection, government policy, stakeholder views
and economic value.
Low;
Medium; and
High.
As earlier stated above, Impact Significance is a function of the magnitude of the impact and the
sensitivity/vulnerability/importance of resource/receptor. As presented in Table 3.5 below, the impact
significance can be Negligible, Minor, Moderate or Major.
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SIGNIFICANCE
Negligible Negligible Negligible Negligible
Small Negligible Minor Moderate
Medium Minor Moderate Major
High Moderate Major Major
Table 3.6 below presents a brief description of the different categories of Impact Significance.
Note: It is important to note that the positive impacts are not rated, merely stated. It is considered
sufficient for the purpose of the Impact Assessment to indicate that the Project is expected to result in
a positive impact, without characterising the exact degree of positive change likely to occur. However,
positive impacts are presented quantitatively where possible
After first assigning significance in the absence of mitigation, each impact is re-evaluated assuming
the appropriate mitigation measure(s) is/are effectively applied, and this results in a significance rating
for the residual impact.
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3.3 Reporting
As a result of the ESIA process, a comprehensive EIA Project Report (this document) was developed
for submission to NEMA for review.
ESIA is a process that aims to identify and anticipate possible impacts based on past and present
baseline information and details of the proposed Project. As the ESIA deals with the future there is,
inevitably, always some uncertainty about what will actually happen in reality.
Impact predictions have been made based on field surveys and with the best data, methods and
scientific knowledge available at this time. However, some uncertainties could not be entirely
resolved. Where significant uncertainty remains in the impact assessment, this is acknowledged and
the level of uncertainty is provided.
In line with best practice, this ESIA Project Report has adopted a precautionary approach to the
identification and assessment of impacts. Where it has not been possible to make direct predictions
of the likely level of impact, limits on the maximum likely impact have been reported and the design
and implementation of the Project (including the use of appropriate mitigation measures) will ensure
that these are not exceeded. Where the magnitude of impacts cannot be predicted with certainty, the
team has used professional experience and available scientific research from road rehabilitation
activities worldwide to judge whether a significant impact is likely to occur or not. Throughout the
assessment, this conservative approach has been adopted to the allocation of significance.
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4. PROJECT DESCRIPTION
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Road Design Manual, Part V: “Pavement Rehabilitation and Overlay Design”, May 1988;
Proposed Manual for Traffic Signs in Kenya;
Part I, “Road Markings”;
Part II, Manual for Traffic Signs in Kenya, June 1975;
Standard Specifications for Road and Bridge Construction, 1986; and
Traffic surveys shall generally be carried out following the guidelines and recommendations of
the Transport Research Laboratory (TRL) Overseas Road Note 40: A guide to axle load surveys
and traffic counts for determining traffic loading on pavements (TRL Ltd, Crowthorne, Berkshire,
UK 2004).
Table 4.2 summarises the classification of the designed roads and surface type as guided by the above
standards; these are further described below.
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Based on the above specifications, the total road width will be approximately 13m. The total road
reserve allocated for the construction of the road will be 20m, where allowed. Minor adjustments to
the proposed road section may arise after the detailed engineering designs have been completed.
The Project Roads will comprise of three main layers (subgrade, sub-base and base) as illustrated in
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Figure 4.4 Typical Road Layers
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Pipe Slopes - The physical slope shall be that which will produce a velocity of at least 0.762
m/s when the storm drain is flowing full. In areas of flat terrain where 0.762 m/s is not feasible,
an absolute minimum velocity of 0.6096 m/s for full flow shall be obtained.
Outlets - When the outlet velocity for the design storm discharge exceeds 1.2192 m/s, the
need for special channel lining and/or energy dissipation shall be evaluated to avoid
undesirable scour. For computation of the outlet velocity, the lowest anticipated tail-water
condition that can be reasonably expected to occur during a storm event shall be assumed.
Manning’s Roughness Coefficients – Concrete pipes and concrete box culverts whose
Manning’s Roughness Coefficient will be taken as n = 0.012 shall be adopted.
Inlet Location and Spacing - Inlet type, location and spacing shall consider the following:
Inlet capacity and width of spread.
Movement of vehicles to and from adjacent property on turnouts.
Pedestrian and Bicycle Safety.
Maximum pipe length without maintenance access.
Roadway Geometry (e.g. super-elevation transitions, roadway profile, etc.).
Hydraulic efficiency of the system.
Potential for flooding of off-site property.
Potential for low points at turn lanes and bus bays.
Maintenance accessibility.
Potential for concentrated flow to cause erosion when it leaves the pavement.
Inlets shall be placed at all low grade points and/or ditch, and as appropriate at intersections
and on side streets where drainage would adversely flow onto the highway pavement.
Inlet spacing shall be based on spread standards.
Inlets shall also be placed 3m to 6m prior to the level section in super-elevation transitions, to
avoid concentrated flows across the pavement.
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The exact number of each of the above Project components will only be confirmed once the Project
detailed design stage has been completed.
Given the type of the road under design, their location, the existing infrastructure along these roads,
their short length and purpose, the following features are not included:
Street lights;
Rest areas;
Truck lay-byes;
Under passes/over passes; and
Service roads especially when joining the existing roads.
The required quantities of the construction materials will be estimated in the next stages of the Project
Design.
The contractor proposes to obtain construction materials (soil, gravel and aggregates) from existing
commercial and licensed sources (quarries and borrow pits). At the current stage, the following
materials sources have been identified and the necessary tests are being conducted to confirm their
suitability for use.
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laydown and equipment parking areas will be located along or within close proximity to the Project site.
The suitability of locations for the material and equipment storage/laydown areas will be assessed
separately and all the required approvals obtained in the next stages of the Project design and planning.
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Guided by the above criteria, a number of different roads were identified and assessed, and Table 5.1
below presents a summary of the results of the analysis.
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the Project Road to be completed at a later stage, which will be informed by the findings of this ESIA
Project Report.
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6. BIOPHYSICAL BASELINE
6.1 Introduction
This Chapter of the Report provides a description of the existing physical and biological conditions of
the Project Area, which will directly or indirectly be affected by the proposed rehabilitation of the
Project Roads. It is essential that the baseline conditions of an environment are characterised in order
to accurately predict the potential impacts the Project Road will have on the environment. The
collection of baseline data therefore focused on providing information to support the assessment of
any potential impact resulting from the Project. Information was therefore collected at the following
levels:
County Level: Secondary information was collected at the County level, aimed at providing a
contextual overview of the host County.
Project Area: Secondary and primary information was collected within the Project area,
specifically along the Road corridors, given the highly modified nature of the Project area
(refer to Section 6.2 below for a general overview of the Project area). In general, a 500 m
corridor was assessed (biophysical Area of Influence) along the existing road corridors.
(6) Although the land use map indicate that the entire Project Roads are located within croplands, satellite imagery and
fieldwork observations confirmed that the main land use activities include a few commercial activities, settlements and
associated social infrastructure, and largely agricultural activities (crop growing and animal rearing).
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6.3 Climate
Kakamega County has a tropical climate. The annual rainfall in the County ranges from 1,280.1 mm to
2,214.1 mm per year. The rainfall pattern is evenly distributed all year round, although March and July
receive heavy rains while December and February receive light rains.
The temperatures range from 180C to 290C. January to March are the hottest months while July and
August are the coldest months. The county has an average humidity of 67%.
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Figure 6.5 General Terrain along the Part 1 of Ilesi - Kakamega Road
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Figure 6.6 General Terrain along the Part 2 of Ilesi - Kakamega Road
6.5 Hydrology
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Figure 6.7 River Isiukhu that flows through the Project Area
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Figure 6.8 Rivers and streams crossed by the Kakamega - Ilesi Road
Crossing Point of Tributary 1 of River Isiukhu Crossing Point of Tributary 2 of River Isiukhu
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Drainage along the Project Road Obstructed Drainage; Stormwater creates a gully
through the Project Road
Existing culvert along the Project Road Blocked Culvert along the Project Road
The soils of Kakamega County are deeply weathered, poor to moderate in their nutrient content and
partly acidic with pH of less than 5.5, low organic carbon of less than 2%, high bulk density, more
7 A. Huddlestone (first print in 1959, reprint in 2007): Geology of the Kakamega District, Ministry of Environment and Natural
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sandy in texture and have low basic cations (Mulinya et al 20178). The soils are deficient in nitrogen
and phosphorous although efforts are being made to address the declining soil fertility including the
use of organic manure, fertilizers and terracing.
6.7 Biodiversity
In particular, Kakamega forest is the major and the only remnant in Kenya of the once great tropical
rainforest stretching from Central Africa, also known as the Guineo-Congolian forests. Like other
8 Mulinya C, Ang’awa F and Tonui K (2017): Small scale farmers and resilience adaptive strategies to climate change in
Kakamega County
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tropical forests, Kakamega forest is rich in plant and invertebrates species, many of them endemic,
including butterflies (Papilionidae, Pieridae, lycaenidae, nymphalidae and hesperiidae family)
monkeys, genettes, Debrazzar, giant forest hedgehog, pottos, forest squirrels, pangolins, giant forest
squirrel, hammer-headed fruit bats, bushpig, over 400 species of birds, snakes (the Forest Cobra,
Jameson’s Mamba, Bush Viper, Gaboon Viper and Rhinoceros Viper) and insects all interconnected
and part of supporting the forest’s ecosystem itself by spreading the seeds of the trees and pollinating
the flowers.
There are also a few un-gazetted forests on hill slopes/tops such as Kambiri, Misango, Khuvasali and
Ingolomosio.
Shrubs and crop gardens along the Project Road Cyprus species and hedges along the Project Road
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Napier grass trees along the Project Road Acanthus arboreus along the Project Road
Shrubs along the Project Road Lantana Camara along the Project Road
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) SOCIO-ECONOMIC BASELINE
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7. SOCIO-ECONOMIC BASELINE
7.1 Introduction
The purpose of this Chapter is to describe the socio-economic environment within which the Project
Roads are located. The baseline provides a contextual component for identifying and assessing any
potential socio-economic impacts of the Project.
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population density. There is need to enhance optimal utilization of the existing farmlands through use
of modern technologies for improved production. It is estimated that as at 2012, only 38.6% of land
had title deeds. This percentage is low and it is attributed to lengthy land adjudication process and the
land tenure system. There are incidences where sub division of land has been done but the title is still
under the original owner (Kakamega CIDP 2018 – 2022).
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Agriculture Activities
The main crops observed at the time of the site visit conducted in June 2019 are maize and beans.
(Figure 7.3Error! Reference source not found.). Livestock rearing include cattle, goats, pigs and
sheep. Napier grass, a common fodder crop is also commonly planted along the road (Figure
7.3Error! Reference source not found.). The required 20 m corridor for the development of the
Project Road will affect narrow stretches of crop land along the existing road carriageway.
Figure 7.3: Farming activities along the Kakamega - Ilesi Road
Maize gardens along the Project Road; note Napier grass along the Project Road
the cattle also reared in the Project area
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Pig rearing in the Project area Cattle and sheep rearing in the Project area
Business Activities
Although the Project Road traverses a generally rural area, there are a few business structures
located along it. Ilesi is the main business centre along the Project Road comprises of a few
permanent structures and temporary business stalls (Figure 7.4). In addition, there are a few other
temporary business stalls/ kiosks located along the Project Road (Figure 7.4).
The permanent structures are located a considerable distance from the road and road is possible
without physically impacting on them; however, some of the temporary structures are too close to the
existing road carriageway and will need to be removed to pave way for the road upgrade. This impact
is assessed in details in Chapter 9 of this report.
Boda boda services are also available in the Project area, in particular, some boda bodas were
observed along the Project Road.
Permanent business structures along the Temporary business stalls along the Project
Project Road Road
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Water kiosk along the Project Road Boda boda operator along the Project Road
Agriculture Activities
Due to close proximity, the agricultural activities along the Lukonyi – Kakamega Road is similar to the
one along the Kakamega – Ilesi Road where the main crops grown are maize and beans (Figure 7.5).
However, unlike the Kakamega – Ilesi Road, the crops gardens along the Lutonyi – Kakamega Road
are generally few.
Business Activities
The start of the Lutonyi – Kakamega Road is a suburb of Kakamega Town with a few business
structures along it and a boda boda stage (Figure 7.5). Along the Project Road, there are a few more
small-scale retails shops housed in both semi-permanent and temporary structures (Figure 7.5). As
can be seen in Figure 7.5, the proposed road upgrade is possible without physically affecting the
permanent structures; however, some of the temporary business stalls are too close to the existing
road carriageway and will need to be removed to pave way for the construction activities.
Maize garden along the Lutonyi – Kakamega Road Business structures and boda boda stage at the start
of the Lutonyi – Kakamega Road
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A permanent business structure along the Project Temporary business stalls along the Project Road
Road
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activities. Piped water supply is very low and mainly covers the road section closer to Kakamega
Town.
There is no sewerage system in the area and most of the community homesteads have pit latrines.
Figure 7.6 Piped Water Network along the Lutonyi - Kakamega Road
Observed exposed water pipe along the Lutonyi – Domestic water distribution pipe acrossing storm water
Kakamega Road drain the Lutonyi – Kakamega Road
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The literacy rate for the western region of Kenya stands at 71.5% which is slightly higher than the
national average of 71.4% (Kakamega CIDP 2018 – 2022).
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The literacy levels along the Project Road mirrors that of the wider western region of Kenya which is
at 71.5%.
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7.8 Health
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7.10 Infrastructure
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Transmission Line across the Kakamega - Ilesi Road Rosterman Pentecostal Church
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Phone mast visible opposite the Project Road Electricity lines along the Project Road
Catholic Diocese of Kakamega all Holy Angels Signpost for Lutonyi Church of God in (East
in Heaven-Lutonyi Parish Africa) Kenya
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General
There are a number of schools are located along the Project Roads. The presence of a
number of schools imply that school going children are an important component of the
pedestrians and should be considered throughout the Project lifecycle.
The most prevalent diseases are malaria/fever, diarrhoea, stomach ache, respiratory
diseases and flu in order of ranking. Due to proximity to Kakamega Town, the community
members of the Project area access health facilities from the town.
There are no archaeological or cultural sites located along Project Roads.
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8. STAKEHOLDER ENGAGEMENT
This Chapter presents a summary of the stakeholder engagement undertaken as part of the ESIA
process for the Project Roads in Kakamega County. It also serves as a summary of a more detailed
Stakeholder Engagement Plan (SEP), which presents the engagement approach and identifies
stakeholders and the mechanisms through which stakeholders have been engaged. The complete
SEP is included in Appendix B.
The engagement process has been designed to meet both Kenyan legal requirements for public
participation in relation to an ESIA Project Report and international requirements for engagement as
outlined in the IFC Performance Standards.
One of the key outcomes of engagement should be free, prior and informed consultation of
stakeholders, where this can be understood to be:
Free: engagement free of external manipulation or coercion and intimidation;
Prior: engagement undertaken in a timely way, for example the timely disclosure of
information; and
Informed: engagement enabled by relevant, understandable and accessible information.
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Table 8.2 presents a summary of the ESIA process stakeholder engagements conducted while a
summary of the key issues raised/comments made is presented in Section 8.4.
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Associated Project The local stakeholders are willing to assist the Contractor identifying a potential
Infrastructure location for a camp/ materials yard.
Impacts arising from the extraction of the required Project materials should be
managed appropriately.
Stormwater The stakeholders wanted to know how the Contractor will ensure that the
Management/Drainage stormwater directed to the River Isiukhu will not affect its quality especially
siltation and sedimentation.
Ensure proper management of the discharges, particularly, stormwater. The
Project area receives high rain intensities (for about ten months every year) which
can lead to erosion if no proper measures to offset the stormwater are put in
place.
The CDE suggested that appropriate culverts should be installed for efficient
management of stormwater; the flow of stormwater should not be obstructed or
impeded.
Compensation Issues The stakeholders inquired if they will be compensated for structures, crops and
trees that have encroached on the road reserve.
The CECM advised that there are mining and prospecting interests in the some
sections of the road that have been on-going for a while. There is also debris that
was left in the area and prospects are still on-going. It is therefore anticipated that
there are some interests related to ownership and access of land in the area.
The CECM pointed out that there are no major structural encroachments that
require compensation. Most of the structures along the road are temporary in
nature such as posho mills in temporary structures and the anticipated impact will
mostly be economic displacement.
The CDE pointed out that proper measures should be used to relocate those who
has encroached on the road reserve.
The CDE pointed out that provisions should be made to compensate those whose
houses will be affected during the compacting of the road as a result of the
vibrations.
Service Infrastructure along The local stakeholders were concerned of the impacts the Project will have on
the Project Roads road-side infrastructure (potable water supply pipelines and electricity
transmission and distribution lines).
The Project design should avoid road-site infrastructure where possible to avoid
the need for relocation. Where avoidance is not possible, relocation of the
electricity infrastructure should be done before the contractor is on-site.
It is KURA’s responsibility to have a wider corridor including where relocation
should take place.
At the time of planning for the relocation, it will be important to jointly plan for
electricity, water and sewerage infrastructure since at times, the institutions
responsible for these facilities agree and relocate them on one side of the road to
optimise space.
KPLC will quote and conduct the actual relocation of the electricity infrastructure;
however, it is KURA’s responsibility to pay for the relocation exercise as well as
provision of detailed Project design.
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Details of the Road Design The stakeholders requested the Contractor to install road signs and bumps;
ensure appropriate safety features are in incorporated to prevent accidents.
The CDE pointed out that blasting has been a major issue in the area whereby
some contractors overcharge the explosives in the quarries resulting in
destruction of houses and animals.
Provisional bypasses should be provided to enable continuous access homes and
other developments along the Project Roads particularly during the construction
phase.
The CECM pointed out that there may be need for more culverts along the Ilesi –
Kakamega Road because of the hilly terrain.
Ensure proper landscaping measures are put in place especially in the areas
where there are underground tunnels that were used during the gold exploration.
The Contractor should ensure proper rehabilitation and restoration of the
excavated sites. There have been cases where the level of excavation makes it
impossible for proper backfilling to be undertaken.
Waste Management Proper waste management should be practiced and the Contractor can outsource
the special trucks used for transporting waste. NEMA charges Kshs. 8000/yr to
licence the self-owned waste handling trucks.
The CEC pointed out that there is a dumpsite in the area where all the solid waste
is disposed although the County Government has plans to have it relocated and
use the current ground as a holding station before the waste is transferred. The
county intends to use the waste for power generation.
Health and Safety Adhere to all safety requirements during especially construction phase.
Ensure dust is minimised as much as possible especially during the dry season
for example by watering the roads. Dust at the crushing plant should also be
minimised. Over-speeding should be avoided.
Social Issues The stakeholders requested for construction of a rehabilitation centre for addicts
as part of the Corporate Social Responsibility (CSR).
Gender issues in the area are mainly about ownership of property. Most people in
the area have not transferred property ownership to the next of kin and it
becomes challenging to resolve family disputes especially when they pass away.
The CEC proposed the creation of recreational grounds as the decommissioning
measures for the gold mines. He suggested that this can be done as part of the
CSR activities.
There are also likely to be issues related to culture especially graves as most
people in the area burry their loved ones in front of their houses in marked
graves.
All stakeholder comments were noted and were considered in the assessment of the Project for all
phases. Where necessary, responses were given by both the ERM team, the Contracting Authority
and the Contractor’s representative present in the various meetings (refer to Appendices C and D for
the Background Information Document (BID) used in stakeholder engagement meetings and detailed
minutes of the stakeholder engagement meetings).
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These records have been updated throughout the ESIA process. Thus the SEP and the records that
are created as a result have served as a tool, not only to plan engagement, but also to record
previous phases of the process.
In order to assess the effectiveness of the SEP and associated engagement activities, the Contractor
and the Contracting Authority will implement a database management and monitoring process as part
of the overall monitoring of ESIA commitments and performance, as well as on the implementation of
the Grievance Mechanism.
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ESIA Project Report (Final Copy)
The predicted impacts to the physical, biological and socioeconomic environment as a result of the
Project are described in this Chapter. This Chapter also details potential mitigation measures in order
to avoid, minimise, reduce, remedy or compensate for potentially negative impacts, and enhance
potential benefits of the proposed Project. Furthermore this Chapter provides a prediction of the
residual impacts that will remain, assuming that the appropriate mitigation measures are
implemented.
The development of mitigation/management measures and the management of residual impacts are
fully described in the Environmental and Social Management and Monitoring Plan (ESMMP) (see
Chapter 10). The methodology to identify and assess impacts is explained in Chapter 3.
Socioeconomic Environment:
Impact on Community Service Infrastructure (Domestic Water Supply and, Electricity
Transmission and Distribution) Network.
Impacts on Employment, Procurement and the Economy.
Land Acquisition and Resettlement
Impact on Disease Transmission.
Traffic Impacts.
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Note: It is important to note that the positive impacts are not rated, merely stated. It is considered
sufficient for the purpose of the Impact Assessment to indicate that the Project is expected to result in
a positive impact, without characterising the exact degree of positive change likely to occur.
9.2.1 Introduction
Given the current land use along the Project Road where human activities (urbanisation) have
substantially modified the primary ecological functions of the area, and that habitat is highly modified;
impacts on biodiversity (both flora and fauna) associated with the Project activities will be negligible,
and are therefore not assessed any further in this report.
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COUNTY, KENYA
ESIA Project Report (Final Copy)
Soil and aggregate stockpiles should be managed in accordance with the mitigation /
management measures provided for Impacts on Water Quality (refer to Section 9.2.4).
Where feasible and reasonable, vehicles that are compliant with recent emission standards
(for example, EURO Tier 3) should be used. These vehicles should be maintained in
reasonable working order. When not in use, vehicles should be switched off, unless
impractical for health and safety reasons (for example maintenance of air conditioning).
Construction equipment should be maintained and serviced on a regular basis to ensure that
it functions optimally and to reduce excessive emissions, this will also apply to all stationary
generators utilised on site.
The Contractor proposes to extract construction materials from existing commercial quarries
and borrow pits. However, in the event that new quarries and borrow pits are to be opened
up, they should be situated at a minimum of 2,000 m from sensitive receptors, in line with
Kenyan law.
Issue all the Project workers appropriate Personal Protective Equipment (PPE) including dust
masks where required.
Develop and implement an appropriate Traffic Management Plan (TMP) throughout the
construction phase.
Prepare and share the construction schedule with the local community members and create
community awareness to keep them informed of anticipated Project impacts and how they
can be minimised.
Any spillages along construction access routes should be cleaned up within a reasonable
time (preferably the same shift) to prevent secondary dust sources.
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COUNTY, KENYA
ESIA Project Report (Final Copy)
Although the sensitive receptors along the Project Roads are already experiencing noise and vibration impacts
associated with road traffic as well as that associated with commercial activities, a further increase in noise
levels will cause nuisance impacts. It is anticipated that there will be a temporary increase in vibrations within
the immediate Project area during compaction and layer works. There is the potential for vibration arising from
driven piling and vibratory compaction to impact buildings within approx. 50 metres from the road. In the
absence of mitigation, vibration damage to buildings is possible within this distance.
Significant Rating Before Mitigation
Major Negative Impact
General Measures
The following mitigation measures are recommended where necessary to keep the noise and vibration
levels below the applicable national standards at the closest sensitive receptors to the source:
The Project should develop and implement a grievance procedure in the event of any noise
and vibration impact complaints being received.
A one-page summary of applicable noise criteria that relate to relevant work practices and
nearby receptors should be developed. This summary should be placed on a noticeboard so
that all site operators can quickly reference noise information.
Site management should periodically check the site and nearby residences (or other sensitive
land uses) for noise and vibration related issues so that solutions can be efficiently and
timeously applied.
Periods of respite should be provided in the case of unavoidable maximum noise level events.
These respite periods should be negotiated with the relevant local stakeholders.
Regular inspection and maintenance of all machinery and vehicles.
Installation of silencers or acoustic enclosures on machinery, where applicable, such as
installation of suitable mufflers on engine exhausts and compressor components as well as
the use of portable sound barriers around equipment like generators.
Reverse alarms on construction vehicles are necessary for health and safety reasons, but do
contribute to noise levels and maybe a nuisance to surrounding communities. As such,
construction equipment must be used during daylight hours only, unless in unavoidable
circumstances.
Where feasible and reasonable, the throttle settings on plant and machinery should be
reduced and equipment and plant should be turned off when not being used.
As far as reasonably possible, avoid or minimise Project traffic routing through community
areas and the implementation of speed limits for all construction vehicles.
Limiting hours of operation for specific equipment or operations (e.g. trucks or machines
operating in or passing through community areas).
Restricting noise levels at the sensitive receptors from long term construction activities to 60
dB LAeq during the daytime, and 35 dB LAeq at night as far as is practicable, or to other
standards that have been agreed with the local authority.
All potentially impacted receptors should be informed of the nature of works to be carried out,
the expected noise and vibration levels and duration, as well as contact details for an
appropriate representative that can be contacted in the event of a complaint. All complaints
should be managed as part of the Projects external feedback and grievance mechanism.
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Where needed, and especially if buildings are located within close proximity of the work area,
the buildings should be inspected and photographic evidence kept prior to construction.
These buildings should be inspected for damage during and after activities which may
contribute to an increase in vibrations such as during compaction.
Noise monitoring against the performance criteria presented above should be implemented if
persistent noise complaints are received.
All employees are to be provided with, and are to wear, appropriate hearing protection such
as earmuffs and earplugs where necessary.
Avoid idling of Project vehicles and equipment when not in use.
Rating of Impacts
Characteristic Designation Summary of Reasoning
Extent Local The noise and vibration impacts are expected to be limited to the Project
area in Kakamega East and Kakamega Central Sub-counties.
Duration Short term This impact will cease as soon as the construction activities are
completed.
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Scale Low The noise and vibration levels reaching the sensitive receptors will be
within the permitted levels in the National Environmental Management
and Coordination Act (Noise and Excessive Vibration Pollution) (Control)
Regulations, 2009 and IFC guidelines.
Frequency Intermittent Noise and vibrations will only be generated when Project equipment and
machinery are being operated. No Project associated noise will be
generated at night.
Magnitude
Small Magnitude
Significant Rating After Mitigation
Moderate Negative Impact
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General Measures
The Project should develop and implement a grievance procedure to deal with complaints
received in the event of disruption to water supply due to damages to services and or any
impact on water quality as result of the construction activities.
To the furthest extent practicably possible, construction activities including the storage of
materials, especially bituminous products and overnight parking of equipment should be
conducted > 100 m away from water bodies, except where crossings are required.
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Frequency Occasional This impact will be manifested whenever working along river crossing
points.
Magnitude
Medium Magnitude
Significant Rating After Mitigation
Moderate Negative Impact
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Frequency Daily Wastes will be generated daily throughout the construction phase.
Magnitude
Medium Magnitude
Sensitivity/Vulnerability/Importance of the Resource/Receptor
High
The County’s landfill is used for solid waste management whereas there is no appropriate system for
management of effluent and hazardous wastes.
Significant Rating Before Mitigation
Major Negative Impact
Construction vehicles and equipment will be serviced off site at designated and approved
servicing locations.
The use, storage, transport and disposal of hazardous materials used for the Project will be
carried out in accordance with all applicable Kenyan regulations, and Material Safety Data
Sheets (MSDS). As Kenya does not have a specific hazardous waste facility, any hazardous
wastes to be disposed of should be documented beforehand, treated as per any requirements
of the MSDS sheets, and disposed of in consultation with the applicable County Authorities
and via NEMA approved waste handlers.
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The Contractor will be required to supply the required temporary ablution facilities and be
responsible for the treatment and/or removal of sewage wastes off site. The Contractor will
also be required to ensure that any sub-contracting company is accredited and has the
necessary permits to remove sewage waste.
The sewage will be treated in accordance with the applicable laws like the Environmental
Management and Coordination (Waste Management) Regulations, 2006.
All construction laydown areas shall comply with the Project Waste Management Plan (WMP)
and be provided with appropriate waste handling equipment.
Work sites will have appropriate solid waste holding receptacles to be regularly emptied for
disposal.
The County has an approved solid waste disposal site where all generated solid waste should
be taken.
In line with the requirements of the Waste Management Regulations, any generated
hazardous waste should be transported and managed by NEMA permitted hazardous waste
handlers.
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suitable, and the contractor will need to open new borrow-pits or quarries, a separate NEMA
authorisation process will be followed to obtain approvals for these areas.
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COUNTY, KENYA
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Although the Consortium will utilise commercial and existing sources for construction materials, in
the event that the contractor will need to open new borrow-pits and quarries and leave them
unrestored, the following impacts are possible: stagnant water can result in the breeding of
mosquitoes, which in turn will increase the spread of malaria and waterborne diseases; should these
pits be left with steep sides, there is the risk of falling/drowning in the open pits, especially by
children and livestock; the pits and excavated areas, if left un-rehabilitated, also result in land lost to
cultivation or its prior landuse, contributing to food insecurity locally.
Given that it is assumed that already existing borrow pits and quarries will be used, the sensitivity
drops to Medium.
Significant Rating Before Mitigation
Moderate Negative Impact
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Contractor and Resident Engineer, whether testing has revealed that material from their plot
was acceptable or not for use on the Project Roads.
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presented in Section 1.1. Where required, the Contractor will need to obtain the relevant water
abstraction approvals from the Water Resources Authority (WRA) and County Government.
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electricity infrastructure within the Project footprint. The easement plan should consider
electricity transmission and distribution lines both along and across the Project Roads.
Communicate the easement plans including implementation schedule to all the affected
people in advance to enable them to store water for use during the periods of unavailability
and avoid surprises during power outages.
Relocate the affected infrastructure in the most efficient manner to minimise the duration of
the impact as much as possible. In particular, ensure that continuous disruption of the
affected services do not take more than 24 hours, where possible. As far as reasonably
possible, ensure that service availability is restored every evening to enable customers
temporary access at night (for example to be able to fetch and store water for use in the
following day, and recharge chargeable electrical appliances) until the easement process is
completed.
Sewage infrastructure may not be moved or relocated, and must not be damaged during
construction.
Measures for impacts on water supply attributable to the Project’s water needs
Select the preferred water abstraction points based on a hydrology study.
Where necessary, obtain water abstraction permits from the Water Resources Authority
(WRA) prior to the commencement of the water abstraction activities.
Observe the conditions in the water abstraction permits to ensure that the permitted quantities
of water abstracted are not exceeded.
Avoid abstracting water from points used by the local community members as a main source
of water, where possible.
Keep records of water quantities abstracted to minimize over abstraction. Only abstract water
volumes needed to meet the Project requirements.
Monitor the water levels of the abstraction points during abstraction. If the water levels are
lower than expected, an alternative location should be identified.
Schedule the water abstraction activities to avoid the times of the day when the affected
community members need it more.
Where reasonable, install temporary water storage tanks to store water for future use.
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Magnitude
Low Magnitude
Significant Rating After Mitigation
Moderate Negative Impact
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COUNTY, KENYA
ESIA Project Report (Final Copy)
business stalls will be affected by the Project; this can only be ascertained after the designs have
been completed and the road corridors marked.
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ESIA Project Report (Final Copy)
rates of communicable diseases and STDs and as they have higher incomes, may be more likely to
engage in high risk activities, thereby contributing to an increases prevalence of diseases in the local
community.
In addition to increases in disease prevalence related to direct interactions with the workforce,
absence of adequate sanitation could contribute to an increased incidence of infectious disease, in
particular, water borne diseases. Construction activities, if resulting in increased dust levels, may
exacerbate respiratory illnesses, already prevalent in the Project area.
General Measures
Workers should receive awareness training as part of their induction and then at least every 6
months on potential high risk communicable and vector borne diseases, symptoms, preventative
measures and transmission routes as well as treatment options. This will be particularly important
for diseases with which non-local workers are unfamiliar and in case of any emerging disease
outbreaks.
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In the event of a new disease, increased transmission or outbreak compared to the baseline, the
Project should interact with local health care facilities and workers to ensure there is an
appropriate response in place to make workers aware and to ensure proper precautionary
measures are implemented.
A Worker Code of Conduct should be developed providing a worker code of behaviour including
worker-worker interactions, worker-community interactions and development of personal
relationships with members of the local communities.
Accommodation should be provided to workers from outside the Project area in accordance with
international good practice on workers’ accommodation, including IFC / EBRD standards to
prevent transmission of diseases associated with poor living conditions.
The following will be implemented at a minimum in order to minimise disease transmission:
Providing workers with appropriate sanitary facilities, which are appropriately designed to
prevent contamination.
Developing a robust waste handling system to avoid the creation of new vector breeding
grounds or attracting rodents to the area.
Implementing measures to reduce the presence of standing water onsite through
environmental controls and source reduction to avoid the creation of new breeding
grounds.
Ensuring appropriate food preparation and monitoring measures are in place.
If deemed necessary providing insecticide-impregnated bed nets as a physical barrier to
repel and kill mosquitos for workers that have been provided accommodation.
The workforce will be provided with access to selected treatment at health facilities on site as
deemed necessary for this Project. The requirements for these health facilities should be based
on a risk assessment taking into account access to existing health facilities and travel time to
facilities that offer international standards of care. Access to health care should include direct
employees, and sub-contractors working on site.
Pre-employment screening protocols will be put in place. This should include pre-employment
medicals and follow up medicals as appropriate. The screening protocols should consider heath
conditions related to the nature of the work undertaken, employee country of origin and legal
requirements. Workers should not be denied employment on the basis of the outcomes of the
screening but should be provided treatment or alternative roles as appropriate.
The Project should prepare and implement a vector borne disease management plan during the
construction phase focussing on malaria and chikungunya, which includes vector control,
avoidance, diagnosis, treatment and training.
The Project should implement TB awareness and prevention measures including testing and
referral for treatment for all personnel working on the Project. This approach should be explained
clearly to the workforce along with making it clear that there are no consequences for their
employment.
The Project should monitor the emergence of major pandemics through World Health
Organisation (WHO) alerts and in the event of a pandemic, review mobilisation and
demobilisation of ex-patriate Project personnel and/or implement appropriate control measures
and Emergency Response Plans.
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9 Please note that the impacts of dust and noise are assessed separately in details under Sections 9.2.1 (Impacts on Local Air
Quality) and 9.2.2 (Impacts on the Noise Environment) respectively. In addition, accidents by nature are unplanned; therefore,
road accidents has been assessed separately in Section 9.4.2 (Traffic Accidents).
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Traffic impacts will inconvenience the local community members and other local road users and this will be
worse if access to their homes or business areas are blocked. Special attention also needs to be paid to school
children using the existing road. Construction workers will also be at risk from public vehicle interactions using
the existing road.
Significant Rating Before Mitigation
Major Negative Impact
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Frequency Intermittent Impact is likely to recur / occur intermittently throughout the construction
phase.
Magnitude
Medium Magnitude
Sensitivity/Vulnerability/Importance of the Resource/Receptor
High Sensitivity
Receptors to this impact will include those contracted or subcontracted to work on the Project. Receptors with
heightened sensitivity may include employees who have a poor/ low understanding of the requirements of OHS
standards or limited choices regarding employment options.
Significant Rating Before Mitigation
Major Negative Impact
Management System
The Project should develop and implement an Occupational Health and Safety Management
System in line with good industry practice. This systems should include consideration of hazard
identification, risk assessment and control, use of Personal Protection Equipment (PPE), incident
investigation and reporting, reporting and tracking of near misses, incidents etc. The management
system should also include emergency response plans. Roles and responsibilities should be
clearly defined.
Contractor Management
In all contracts, the Contracting Authority (KURA) should make explicit reference to the need to
abide by Kenyan law, international standards (in particular IFC PS2), ratified ILO conventions,
and KURA’s policies in relation to health and safety, labour and welfare standards.
As part of the contractor and supplier selection process, the Contracting Authority should take into
consideration performance with regard to worker management, worker rights, and health and
safety as outlined in Kenyan law and international standards.
Regular checks by the Contracting Authority (KURA) should be undertaken to ensure the relevant
labour laws and occupational health and safety plans are adhered to at all times.
All workers (including those of contractors and subcontractors) should, as part of their induction,
receive training on health and safety and should receive updated training routinely, as well as
when undertaking new tasks, such as working at heights or working in confined spaces.
Workers’ Rights
The Contractor in liaison with the Contracting Authority (KURA) should put in place hiring
mechanisms to ensure no employee or job applicant is discriminated against on the basis of his or
her gender, marital status, nationality, ethnicity, age, health status, religion or sexual orientation.
All workers (including those of Contractors and subcontractors) will, as part of their induction,
receive training on worker rights in line with Kenyan legislation to ensure that positive benefits
around understanding labour rights are enhanced. This process will be formalised within the Code
of Conduct that will be provided by the Contractor.
All workers (including those of Contractors and subcontractors) will have contracts which clearly
state the terms and conditions of their employment and their legal rights. Contracts will be verbally
explained to all workers where this is necessary to ensure that workers understand their rights.
Contracts must be in place prior to workers commencing work.
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The Contractor and Contracting Authority (KURA) will put in place a worker grievance mechanism
that will be accessible to all workers, whether permanent or temporary, or directly or indirectly
employed. The worker grievance mechanism shall be open to all the Project workers in the event
that their grievance is not adequately resolved by their direct employer.
All workers (including those of the Contractor and subcontractors) will have access to training on
communicable diseases and STDs and community interactions in general. This training will be
developed in collaboration with local health institutions.
Surveillance and assurance that no children or forced labour is employed directly by the
Contractor, and to the extent possible by third parties related to the Project and primary suppliers
where any such risk may exist.
10 The conduct of OHS awareness trainings amongst the Project workers will reduce their sensitivity to Low thus resulting in a
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Despite the above positive impact, construction projects have a potential of attracting people from
neighbouring areas in the hope of securing employment. Given the number of limited employment
opportunities, some of the job seekers will not be employed and become idle within the Project area
which poses a security threat as some of them resort to criminal acts such as theft and drug abuse.
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(11) Convention for Biological Diversity, invasive species page. Available at: https://www.cbd.int/invasive/WhatareIAS.shtml
(12) IUCN Red List of Threatened Species. Available at http://www.iucnredlist.org/
(13) IUCN Website, invasive species page. Available at: https://www.iucn.org/theme/species/our-work/invasive-species
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Minimisation Measures
An invasive weed management plan will be developed for the Project to guide the control of
IAPs.
Control Measures
Biological control measures would only be applied if these specific measures have been
approved for application in Kenya. Alternatively, labour intensive manual control of IAPs
would be applied in preference to application of herbicides or other chemicals.
All alien vegetative and/or seed bearing material that is removed through control measures
should be burnt on site to prevent the distribution of seed and fertile vegetative material,
regardless of the status of the surrounding areas.
Vehicles and construction equipment should be washed on a regular basis and should be
kept clean to minimise distribution of seeds and invasive plant material.
Tyre checks of vehicles should be conducted daily to check that seeds, thorns and vegetative
material is not being distributed.
Tyre checks of vehicles should be conducted prior to entry into protected areas.
Source areas such as quarries, borrow pits, vehicle parking and Construction Camps should
be kept clean of IAPs to minimise the presence of seeds that can be dispersed
unintentionally.
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Rehabilitation Measures
Disturbed areas would need to be rehabilitated at the earliest opportunity to minimise the
establishment of IAPs.
Regular and ongoing monitoring of the presence of IAP should be conducted within
construction and rehabilitated sites and IAP removal operations implemented according to the
results, based on areas as per the above objectives.
9.3.1 Introduction
The following impacts are only applicable to measures to the construction phase or measures to
appropriately manage them are supposed to be implemented during the construction phase as stated
and will thus not occur during the operation phase:
Impacts on Water Quality: no operational phase activities will interact with water sources.
Reduction in Water Availability: minimal water will be required during the operations phase.
Impact on Domestic Water Supply: no more excavations are expected during the operations
phase; thus, interference with the domestic water supply network attributable to the Project is not
expected.
Impacts associated with stormwater management: These will be avoided by implementation of
appropriate mitigation measures recommended for the construction phase and routine
maintenance of the road infrastructure (which will include the stormwater systems) during the
operation phase.
Impacts on Electricity Transmission and Distribution Network: No more excavations are
expected during the operations phase; thus, no possibility of interfering with the electricity
transmission and distribution network attributable to the Project activities at this stage.
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Impacts on Material Sites and Borrow Pits: no more construction materials are required during
the operations phase; if any materials are required for maintenance works, the quantities will be
insignificant.
Wastes and Effluents: minimal wastes and effluents are expected to be generated during the
operation and maintenance activities. These are expected to be easily managed by
implementation of the waste management plan developed during the construction phase.
Impacts on biodiversity conservation: the current land use along the Project Road
(urbanisation) has substantially modified the primary ecological functions and species
composition and areas adjacent to the Project roads are thus not of conservation value.
Land Acquisition and Resettlement: no more land will be required for the Project during the
operations phase.
Impact on Disease Transmission: there will be minimal staff during operations/ maintenance.
Traffic Impacts: significant traffic related impacts are related to increased risk of road accidents
which is discussed under unplanned events in Section 9.4.2.
Labour and Working Conditions: there will be minimal staff during operations/maintenance and
mostly skilled who understand their rights and thus minimal labour risks; however, in case of
major maintenance works, the management measures recommended for the construction should
be implemented.
Security risks: there will be minimal staff during operations/maintenance who will be formally
recruited.
Therefore, the impacts that will be manifested during the operations phase include:
Impacts on Local Air Quality.
Impacts on Employment, Procurement and the Economy.
Impacts on the Noise Environment (including vibration).
These impacts are discussed in the Sections below:
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and/or oil will flow to the ground thus contaminating the soils and can potentially flow in storm water to
the nearby rivers thus reducing their water quality.
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Construction Phase
During construction, arrangements and routes for abnormal loads (if required) will be agreed in
advanced with the relevant authorities (Kenya National Transport Safety Authorities, NTSA) and
the appropriate permit will be obtained for the use of public roads. However, it is anticipated that
transport will be carried out with standard containers.
Develop and implement a Traffic Management Plan covering vehicle safety, speed limits on
roads, driver and passenger behaviour, use of drugs and alcohol, hours of operation, rest periods
and location of rest stops and accident reporting and investigations.
Require Project drivers to be trained in defensive driving within the previous 3 years.
All vehicles used for the Project should be regularly serviced and maintained.
Speed limits (of less than 30 km/h) should be adhered to along the Project Road.
Undertake consultation with communities along key transport routes to inform them about the
potential for increased traffic movements prior to any changes. Put up road signs such as “Heavy
Trucks Turning Ahead” to warn Boda Bodas and other vehicle users of danger/ risk of accidents
occurrence ahead- especially during construction phase.
A grievance procedure, as outlined above, will be established whereby any complaints by
neighbours or affected parties are recorded and responded to.
Operations Phase
The Project design includes a number of measures to avoid traffic accidents. These measures include
provision of pedestrian walkways, installation of the required and appropriate road signs, road
marking (including zebra crossings at designated pedestrian crossing points), bumps and rumbles
near sensitive receptors such as the schools. The design speed for the Project Road is 80 km/hr;
however, the speed limit of the road will be 50 km/h or as per the national traffic rules and regulations,
especially given the high level of urbanisation.
The below management measures are recommended for the operations phase to further avoid the
risk of road accidents.
In liaison with the traffic police and/or appropriate authorities, enforce speed limits.
Appropriate signage along the road routes indicating the speed limit to be enforced, is to be
adequately displayed.
A grievance procedure should be established whereby any complaints by neighbours or
affected parties are recorded and responded to.
The Contracting Authority (KURA) in liaison with NTSA will set appropriate speed limits for the
Project Roads; the traffic police should enforce observance of the set speed limits.
Maintenance of the road to prevent mechanical failure of vehicles due to poor road conditions.
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Cumulative impacts have been defined as “those (impacts) that result from the successive,
incremental, and/or combined effects of an action, project, or activity (collectively referred to as
“developments”) when added to other existing, planned, and/or reasonably anticipated future ones
(impacts)”14.
Specifically, Cumulative Impacts Assessments (CIA) are typically expected to:
Assess impacts over a larger (i.e. “regional") area that may cross jurisdictional boundaries
(includes impacts due to natural perturbations affecting environmental components and
human actions);
Assess impacts during a longer period of time into the past and future;
Consider impacts on Valued Ecosystem Components (VECs) due to interactions with other
actions, and not just the impacts of the single action under review;
Include other past, existing and future (e.g., reasonably foreseeable) actions; and
Evaluate significance in consideration of other than just local, direct impacts.
Cumulative impacts are not necessarily that much different from impacts examined in the Sections 9.2
to 9.4 above; in fact, they may be the same. CIA is conducted to ensure that the incremental impacts
resulting from the combined influences of various actions are assessed. These incremental impacts
may be significant even though the impacts of each action, when independently assessed, are
considered insignificant.
In practice, effective design and implementation of complete CIA processes is often beyond the
technical and financial capacity of a single developer; in fact, a single developer often lacks detailed
information on other planned developments in the area. CIA thus transcends the responsibility of a
single project developer. However, CIA is conducted using the best available information as much as
possible. For this particular Project, the ESIA consultants are aware that it is part of the Lot 15 annuity
programme projects which comprises of a total of ten urban roads distributed in six counties as per
Table 9.1. These roads have been considered in this CIA.
Based on the current planning, the construction activities for the above roads is expected to be
completed in a period of two years. In order to minimise the cumulative impacts of the above Lot 18
road projects, the following mitigation/management measures are recommended.
14 International Finance Corporation (IFC): Good Practice Handbook for CIA; Guidance for the Private Sector in Emerging
Markets (2013).
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10.1 Introduction
The purpose of the Environmental and Social Management and Monitoring Plan (ESMMP) is to
ensure that social and environmental impacts and risks identified during the ESIA process are
effectively managed during the construction and operations of the Project. The ESMMP specifies the
mitigation and management measures to which KURA and the Contractor are committed and shows
how the Project will mobilize organizational capacity and resources to implement these measures.
The ESMMP also shows how mitigation and management measures will be scheduled and will ensure
that the Project complies with the applicable laws and regulations within Kenya, as well as the
requirements of IFC Performance Standards on environmental and social sustainability.
The key objectives of the ESMMP are to:
Formalize and disclose the programme for environmental and social management; and
Provide a framework for the implementation of environmental and social management
initiatives.
Best practice principles require that every reasonable effort is made to reduce, and preferably to
prevent, negative impacts while enhancing the Project benefits. These principles have guided the
ESIA process.
Given that the Contracting Authority (KURA) has already appointed Mota - Engil Africa and Lee
Construction Limited as the Contractor, overall responsibility for the ESMMP lies with the Contractor,
who will be responsible for carrying out the specific Project activities. However, the Contractor’s
activities will be supervised by KURA to ensure the Project implementation is performed as planned,
and as per this ESMMP.
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Table 10.1 Environmental and Social Management and Monitoring Plan (ESMMP)
Issue Mitigation/Management Measure Responsibility for Completion Frequency of Cost
Implementation Indicator Monitoring
Construction Phase
General Contractor required to develop and implement a Construction Contractor A comprehensive Once – off (prior No additional
Environmental Management Plan (CEMP) meeting the conditions and appropriate to cost
set out in the environmental authorisation, as well as this ESIA CEMP in place commencement
Project Report (PR) and lender requirements. of construction (expected to be
activities, but undertaken by
after obtaining the Consortium’s
NEMA ESIA PR in-house
Approval) environmental
and social staff)
Impacts on Local Contractor No recorded Daily All associated
Air Quality (Section Air Quality incidents or dust- costs presumed
9.2.2) Develop and implement a grievance procedure to manage any related grievances to included in
dust complaints. surrounding land overall
Impacts associated with construction road traffic during the users construction
construction phase should be adequately mitigated by either
costs
regularly wetting the road near sensitive receptors such as
schools and businesses or chemically treating unpaved roads.
Speed limits should be set to as low as possible on unpaved Records of
roads where surface binding agents have not yet been applied. audits/visual
Work vehicles should as far as reasonably possible be kept free inspection
of excessive mud, especially when moving outside of the
construction area. Air quality emissions
Work vehicles transporting soils and aggregates materials
at respective
should be kept adequately covered to prevent materials being
receptors not
inadvertently spread around and off the construction site.
Where feasible, surface binding agents should be used on exceeding the
exposed open earthworks such as at the material laydown maximum permitted
areas. Upon completion of earthworks, stabilization of surfaces limits (Table 2.5)
(i.e. establishing vegetative cover, or placing ground cover)
should occur as soon as possible.
The smallest possible area for cleared ground required for
construction work should be exposed, and where feasible,
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Flow
Integrate an appropriate drainage system in the overall road
planning and across the construction site to align it to the
natural drainage system as much as possible, and to prevent
downstream flooding.
Project infrastructure should be designed and located to
minimise the impacts to natural water flow.
Harmonize drainage with all point sources of surface runoff
such as valleys/lowlands and rivers, and the pavement surface
structure.
To the furthest extent possible, the disturbance of the natural
topography and catchment characteristics should be minimised
(e.g. limit large-scale earthworks, vegetation removal, soil
compaction etc.), so as to not alter the natural flow
characteristics of the rivers.
The design of all the culverts should be informed by
hydrological studies to be able to manage peak runoff.
As far as reasonably possible, drainage outfalls should not be
directed into private land or premises.
Ensure protection of soil adjacent to the side drains and the
constructed drainage facilities.
Construct appropriate drainage trenches along the entire
section of the Project Road.
Identify appropriate areas for the dumping of excess earth
material. This should preferably be done in consultation with the
local NEMA offices to identify potential areas such as old
quarries and borrow-pits which may require backfilling and
rehabilitation.
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Workers’ Rights
The Contractor in liaison with the Contracting Authority (KURA)
should put in place hiring mechanisms to ensure no employee
or job applicant is discriminated against on the basis of his or
her gender, marital status, nationality, ethnicity, age, health
status, religion or sexual orientation.
All workers (including those of Contractors and sub-contractors)
will, as part of their induction, receive training on worker rights
in line with Kenyan legislation to ensure that positive benefits
around understanding labour rights are enhanced. This process
will be formalised within the Code of Conduct that will be
provided by the Contractor.
All workers (including those of Contractors and sub-contractors)
will have contracts which clearly state the terms and conditions
of their employment and their legal rights. Contracts will be
verbally explained to all workers where this is necessary to
ensure that workers understand their rights. Contracts must be
in place prior to workers commencing work.
The Contractor and Contracting Authority (KURA) will put in
place a worker grievance mechanism that will be accessible to
all workers, whether permanent or temporary, or directly or
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Rehabilitation Measures
Disturbed areas would need to be rehabilitated at the earliest
opportunity to minimise the establishment of IAPs.
Regular and ongoing monitoring of the presence of IAP should
be conducted within construction and rehabilitated sites and IAP
removal operations implemented according to the results,
based on areas as per the above objectives.
Operations Phase
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Maintenance
Contractor
Traffic Impacts Contractor (for the Incident records Quarterly No additional
(Section 9.4.2) Traffic Control first 8 years) cost
In liaison with the traffic police and/or appropriate authorities, Records of
enforce speed limits. Appropriate signage along the road KURA (for the rest of complaints
the operations phase)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Furthermore, it will contribute to ensuring that the capacity and the nature of waste collection and
treatment systems are in line with the wastes to be managed.
The overall objective is to minimise impact of waste generated during the construction and operational
phases through the following:
minimise the amount of waste that is generated;
maximise the amount of waste that is recovered for recycling – including segregation of
recyclable wastes at source;
minimise the amount of waste that is deposited at landfill;
ensure any hazardous wastes (e.g. used oils) are securely stored and transferred to
appropriate facilities;
avoid dust impacts from handling of construction wastes;
ensure all wastes are properly contained, labelled and disposed of in accordance with local
regulations; and
ensure waste is disposed of in accordance with the waste management hierarchy. In
particular, solid waste should be disposed of at the Kakamega County solid waste disposal
site.
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AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
consequences. The ERP will clearly make a distinction between all the project phases, since the
actions to be undertaken will be different during the construction, operations and decommissioning
phases.
Finally, the Plan shall include provisions for the training of all workers on the emergency response
procedures, and will include procedures related to communication to stakeholders and community
improvement opportunities.
The Water Management Plan will be developed following KURA’s policies and will consider all the
relevant IFC PSs.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Finally, the Plan will include provisions for the training of all workers on how to minimise the use of
water.
The Contractor shall regularly update their TMP as their construction methods are developed and
vehicle movement requirements are identified in detail. The Contractor will consult with the principal
representative of any communities that will suffer a significant increase in traffic in order to develop
awareness of the mitigation measures within the TMP.
A TMP is important both in ensuring the safety of construction personnel and local communities. The
TMP is intended to be a ‘live’ document and its traffic management principles will form the basis for
subsequent detailed construction traffic management arrangements between the appointed
Contractor and the road authorities.
The TMP will include the following minimum requirements:
Levels of development related to traffic that will use this road network;
Identification of key sensitivities along proposed access routes;
Identification, demarcation and construction of access routes;
Measures to provide for the on-going safety of road users, including pedestrians and cyclists;
Project driver training requirements with respect to road safety and environment;
Project Schedule;
Roles and responsibilities for implementation of the TMP;
Measures to prohibit “off-route” driving;
Speed limits and methods of enforcement;
Means to inform the community of traffic risks;
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AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Vehicle equipment;
Vehicle maintenance and refuelling locations;
Inspection, auditing and reporting; and
Driver competency.
The H&S Management Plan will be developed following all the relevant IFC PSs. The H&S
Management Plan will include, at a minimum, the following elements:
KURA’s HSE Policy.
H&S Organisation: detailed organisation chart and description of roles and responsibilities
associated to managing H&S. The organization proposed in the Plan will take into account the
competency of the proposed professionals, and will provide mechanisms to ensure co-
operation and communication between the H&S management team members.
H&S Standards, including: site safety inductions; hazards identification and risk assessment,
including task analysis and construction hazards; H&S targets, and a procedure for safety
performance evaluation and review; emergency procedures; toolbox meeting procedure; site
visit registers; and MSDS sheet register.
Accidents and Incidents, including: definitions; reporting and registering procedures; root-
cause analysis.
H&S Auditing, including the following: auditing plan; setting audit objectives and measuring
H&S performance; site safety inspection checklists and first-aid equipment checklist.
The Plan will include provisions for the training of all workers and will include procedures related to
communication to stakeholders and community improvement opportunities.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Reporting Structure
The Contracting Authority will liaise with and/or take instruction from the following:
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AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Reporting Structure
The PM will report to the Contracting Authority (KURA), as and when required.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Reporting Structure
The ECO will report to the PM, who in turn will report to the Contracting Authority.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
ESIA Project Report (Final Copy)
Reporting Structure
The Contractor will report to the PM and ECO, as and when required.
10.4.2.5 Sub-contractors
The Contractor may from time to time appoint sub-contractors.
The role of the sub-contractors shall be to:
Perform certain services and/or provide certain products on behalf of the Contractor. The sub-
contractors will be contractually required to undertake their activities in an environmentally
responsible manner, as described in the ESMMP; and
Ensure environmental awareness among employees so that they are fully aware of, and
understand the Environmental Specifications and the need for them.
Reporting Structure
Sub-contractors will report to and receive instructions from the Contractor (Mota Engil Africa and Lee
Construction).
10.4.3 Monitoring
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA PLAN (ESMMP)
COUNTY, KENYA
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONCLUSIONS AND RECOMMENDATIONS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
11.1 Conclusions
The ESIA process undertaken has identified and assessed a range of potential impacts to the
physical, biological and socio-economic environments. Where impacts have been identified, mitigation
measures to manage those impacts have been provided in this ESIA Project Report. With most of the
identified impacts, mitigation will reduce the significance of such impacts to a minor or negligible level,
but with some impacts, even with mitigation, residual impacts will only be reduced to a moderate level
mainly due to the location of the Project Roads in second most populated urban centre in Kakamega
County’s main commercial and administrative centre. The analysis of these impacts is briefly
summarised in Section 11.2. The mitigation measures provided and the management of residual
impacts are described in a suite of Management Plans in the ESMMP, and an ESMS has been
described as a vehicle for the continued integrated management of all such impacts.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) CONCLUSIONS AND RECOMMENDATIONS
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
appropriate measures are devised and implemented to further reduce it to acceptable levels.
This may include temporarily suspending construction activities during intense rainy periods.
Impact on Community Service Infrastructure (Domestic Water Supply and, Electricity
Transmission and Distribution) Network – In order to pave way for the construction
activities, the community service infrastructure within the road corridor ((domestic water
supply and electricity transmission and distribution networks) will be relocated by the
Contracting Authority (KURA) where possible as part of the easement process. During this
process, the customers supplied by the affected networks may suffer short term temporary
disruptions to the provided services. In practice, the water supply network that crosses the
Project Roads will only be relocated during the carrying out of the construction activities since
they will need to be temporarily removed and buried again to ensure that the customers on
the opposite side of the road continue to access potable water after the construction phase
disruptions. Relocation of electricity infrastructure is anticipated to be undertaken prior to the
commencement of the construction activities. Another cause of the impact on water supply
will be water abstraction to meet the Project’s water needs. This impact cannot be avoided
since the community service infrastructure within the Project footprint has to be relocated.
Therefore, the recommended mitigation measures aim at minimising the period of disruption
as much as possible. Any activities that have a potential of disrupting the functioning of the
community service infrastructure will need to be swiftly implemented with utmost care and
closely monitored. In particular, relocation schedules must be prepared, communicated
timeously to the affected stakeholders and followed as much as possible during the
implementation of the relocation activities.
Traffic Impacts – During the construction phase, it is expected that there will be increased
vehicle movements in the Project area, as trucks will be required to transport materials and
equipment. During the construction phase, residents will be disrupted and inconvenienced by
detours, local road closures, safety hazards such as deep excavations, especially at the
junctions of access roads to their homes and business units, and by increased road traffic
within the Project area, which will be exacerbated by heavy Project equipment and vehicles,
and temporary blockages/reduced traffic flow along emergency services routes. The
recommended mitigation measures aim at minimising these disruptions as much as possible;
however, community sensitisation is paramount to enable the affected parties to adapt to the
changes as they wait for the completion of the upgrade activities and begin to enjoy a better
road.
11.3 Recommendations
ERM is confident that every effort will be made by the Contracting Authority and Contractor to
accommodate the mitigation measures recommended during the ESIA process to the extent that is
practically possible, without compromising the economic viability of the Project or having a lasting
impact on the environment. The implementation of the mitigation measures detailed in Chapters 9
and listed in the ESMMP (Chapter 10) will provide a basis for ensuring that the potential positive and
negative impacts associated with the establishment of the development are enhanced and mitigated,
respectively, to a level which is deemed adequate for the development to proceed.
In summary, based on the findings of this assessment, ERM finds no reason why the Project Roads,
should not be authorised, contingent on the mitigations and monitoring for potential environmental
and socio-economic impacts as outlined in the ESMMP.
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REHABILITATION OF UPPER KAKAMEGA – ILESI ROAD (7.6 KM) REFERENCES
AND LUTONYI – KAKAMEGA ROAD (3.0 KM) IN KAKAMEGA
COUNTY, KENYA
ESIA Project Report (Final Copy)
12. REFERENCES
A. Huddlestone (first print in 1959, reprint in 2007): Geology of the Kakamega District, Ministry of
Environment and Natural Resources, Mines and Geological Department.
County Government of Kakamega: County Integrated Development Plan for Kakamega County, 2018
– 2022.
http://www.letLaikipiasgokenya.com/crying-stone
IFC, 2007: Stakeholder Engagement: A Good Practice Handbook for Companies Doing Business in
Emerging Markets.
IFC, 2012: IFC Performance Standards on Environmental and Social Sustainability.
IFC, 2012: Policy on Social and Environmental Sustainability.
Kenya National Bureau of Statistics (KNBS), 2012: Kenya Population and Housing Census (2009);
Analytical Report on Population Projections.
Mulinya C, Ang’awa F and Tonui K (2017): Small scale farmers and resilience adaptive strategies to
climate change in Kakamega County
NEMA, 2015: The National Solid Waste Management Plan.
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APPENDIX A ERM NEMA REGISTRIATION AND PRACTICING LICENSE
FOR 2019
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APPENDIX B STAKEHOLDER ENGAGEMENT PLAN (SEP)
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Rehabilitation of Lot 15
and 18 annuity programme
roads in Laikipia, Nyeri,
Kirinyaga, Embu,
Muranga, Tharaka Nithi,
Vihiga, Kakamega,
Bungoma and Busia
Counties, Kenya
Stakeholder Engagement Plan (SEP) –
Final Version
19 August 2019
Project No.: 0410731
Version 2.0
Document history
www.erm.com Version: 2.0 Project No.: 0410731 Client: Mota – Engil Africa 19 August 2019
REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME CONTENTS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
CONTENTS
B1. INTRODUCTION .......................................................................................................................... 1
B1.1 Overview ........................................................................................................................................ 1
B1.2 Purpose of the Stakeholder Engagement Plan .............................................................................. 1
B1.3 Objectives of the Stakeholder Engagement ................................................................................... 3
B1.4 Structure of the SEP ...................................................................................................................... 4
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME INTRODUCTION
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
B1. INTRODUCTION
B1.1 Overview
The Government of the Republic of Kenya, through the Ministry of Transport and Infrastructure, and
represented by the Kenya Urban Roads Authority (KURA), has formed a Public Private Partnership
with the appointed consortium comprising of Lee Construction Limited (LCL), Cape Consult Limited
(CCL) and Mota-Engil Engenharia e Construção (Engineering and Construction) Africa (“MEECA” or
Mota-Engil Africa) (hereafter referred to as the Project Developer) to design, finance, construct and
maintain urban roads in the Kenya Roads Annuity Programme, comprising Lot 15 (a total of 10 urban
roads spread through six counties of Kenya, namely Nyeri, Laikipia, Kirinyaga, Embu, Muranga and
Tharaka Nithi) and Lot 18 (a total of six urban roads spread through four counties in Kenya, namely
Kakamega, Vihiga, Bungoma and Busia). All the Project Roads in these lots (Lot 15 and Lot 18) are
existing murram/gravel roads located in largely urbanised areas which will be upgraded (paved,
walkaways added as well as the construction of effective drainage system) as part of the scope
required of the Annuity programme (Figure 1.1 and Figure 1.2). It is understood that LCL and MEECA
will be the construction Contractor for the Project Roads.
This Stakeholder Engagement Plan (SEP) therefore maps out the plan for engaging stakeholders as
part of the ESIA as well as the required post ESIA Stakeholder Engagement activities.
Where necessary, this SEP makes references to Appendices C and D where specific details of
minutes of the stakeholder engagement meetings conducted during the ESIA process, meeting
photos, attendance registers, and developed stakeholder engagement database are presented.
Therefore, where required, these Appendices should be read, reviewed and updated jointly during the
next stages of Project development and implementation.
Outlines the approach and plans to be adopted and implemented to engagement, showing how
the engagement process will integrate into the rest of the ESIA processes;
Identifies stakeholders and mechanisms through which they will be included in the process;
Identifies the requirements for the Proponent (in this case the Contracting Authority and
Contractor) and their engagement process.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME INTRODUCTION
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME INTRODUCTION
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
Stakeholder engagement should be undertaken for the Project throughout the planning, construction,
operation and decommissioning phases. This plan focuses on consultation and disclosure activities
undertaken during the development of the ESIA Project Report.
The SEP for the Project is a “living document” that will be updated and adjusted as the Project
planning evolves. It thus provides and will continue to provide a framework to manage effective and
meaningful engagement with stakeholders.
Involving stakeholders in the assessment: Stakeholders are included in the scoping of issues,
the assessment of impacts, the generation of mitigation and management measures and the
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME INTRODUCTION
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
finalisation of the ESIA Project Report. They also play an important role in providing local
knowledge and information for the baseline to inform the impact assessment.
Building relationships: Through supporting open dialogue, engagements help establish and
maintain a productive relationship between the Project and stakeholders. This supports not only
an effective ESIA, but also strengthens the existing relationships and builds new relationships
between the Proponent (in this case the contracting Authority and Contractor) and stakeholders.
Engaging vulnerable peoples: An open and inclusive approach to consultation increases the
opportunity of stakeholders to provide comment on the Project and to voice their concerns.
During such a process, stakeholders who need special attention due to their vulnerability are
identified for consideration in the next stages of Project development. Such stakeholders
normally require special measures to ensure that the perspectives of vulnerability are heard and
considered.
Managing expectations: It is important to ensure that the Project does not create or allow
unrealistic expectations to develop amongst stakeholders about Project benefits. The
engagement process serves as one of the mechanisms for understanding and then managing
stakeholder and community expectations, where the latter is achieved by disseminating accurate
information in an accessible way.
Ensuring compliance: The process is designed to ensure compliance with both local regulatory
requirements and international best practice.
be undertaken in a timely way and prior to decisions being made so that views of stakeholders
can be considered in Project design and development;
disclose relevant, clear and accessible Project information to enable stakeholders to understand
the risks, impacts and opportunities of a Project; and
provide stakeholders, including any affected communities, with opportunities to express their
views on Project risks, impacts and mitigation measures. These will be considered and
responded to throughout the engagement process.
Chapter B2: outlines the key standards and legislation guiding stakeholder engagement.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME INTRODUCTION
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
Chapter B 7: presents the Project grievance mechanism that will be available for the duration of
the Project.
Chapter B 8: presents an overview of how records of the process will be kept and monitored.
In addition the SEP is linked to the following appendixes which should be read, reviewed and updated
jointly whenever required:
Appendix C: Background Information Document (BID) used during Stakeholder engagement
exercise
Appendix D: Detailed minutes of stakeholder engagement meetings conducted during the ESIA
process, meeting photos and attendance registers
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME KEY STANDARDS AND LEGISLATION GUIDING STAKEHOLDER
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA, ENGAGEMENT
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
B2.1 Introduction
The stakeholder engagement process has been designed to ensure compliance with Kenyan
legislative requirements, as well as the IFC Performance Standards on environmental and social
sustainability. This Chapter presents the relevant standards and legislation identifying the key
Kenyan and IFC requirements for engagement.
In conducting the ESIA and stakeholder engagement process, the Project is ensuring the effective
participation of the public in the Project, as well as identifying potential impacts, and how these can be
managed in a manner that strives to protect both the physical and social receiving environments of the
Project area.
Ongoing engagement during next stages of Project planning and development will ensure that the public
continue to be involved in the protection of the biophysical and social environment.
The legislative requirements outlined in the Regulations specifically relate to stakeholder engagement
activities to be conducted during the ESIA process.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME KEY STANDARDS AND LEGISLATION GUIDING STAKEHOLDER
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA, ENGAGEMENT
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
The IFC PS on Environmental and Social Sustainability and the IFC Environmental, Health and Safety
(EHS) Guidelines, effective since 1 January 2012, are generally accepted as the benchmark of best
practice for environmental and social safeguards. These standards include guidelines for engagement.
The IFC Performance Standard 1 requires project proponents (in this case Contracting Authority and
Contractor) to engage with affected communities through disclosure of information, consultation, and
informed participation, in a manner commensurate with the risks to and impacts on the affected
communities. PS1 contains clear requirements for community engagement, disclosure of information
and consultation as well as the management of grievances throughout the Project. Box 2.1 below
outlines the main requirements for consultation and disclosure under PS1, the umbrella Standard on
the Assessment and Management of Environmental and Social Risks and Impacts.
Box 2.1 Requirements for Public Consultation and Disclosure as per IFC
PS1
Aim:
To ensure that affected communities are appropriately engaged on issues that could potentially affect them; to build and
maintain a constructive relationship with communities; and to establish a grievance mechanism.
Who to Consult
Specifically with:
elected representatives;
indigenous peoples, where the Project is identified to have adverse impacts on them, and
When to Consult
As early as possible or at the latest consultation should begin prior to construction. Consultation should be an on-going
process throughout the life of the Project, i.e. iterative. Consultation should also allow for a feedback mechanism where
affected people are able to present their concerns and grievances for consideration and redress.
What to Consult on
Specifically:
disclosure of Project information (purpose, nature, scale) throughout the Project lifecycle;
disclosure on the Action Plan as a result of consultation, with periodic reports to demonstrate implementation;
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
updates on actions and proposed mitigation measures to address impacts and areas of concern for affected
communities.
How to Consult
Consultation should:
be fed into the decision making process including proposed mitigation, sharing of benefits and opportunities;
be iterative;
be documented;
allow for differentiated means of engagement particularly for disadvantaged or vulnerable groups.
Where engagement relies substantially upon a community representative the client will aim to ensure that the views of
affected communities are communicated, and that the results of consultation are communicated back to the community.
B3.1 Introduction
For the purposes of this SEP, a stakeholder is defined as “any individual or group who is potentially
affected by the Project, or who has an interest in the Project and its potential impacts”. It is therefore
important to establish which organisations, groups and individuals may be directly or indirectly affected
(positively and negatively) by the Project and which might have an interest in the Project.
It should be noted that stakeholder identification is an on-going process, requiring regular review and
updating as the Project progresses.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
the geographical area over which the Project may cause impacts (both positive and
negative) over its lifetime, and therefore the localities within which stakeholders could be
affected; and
the nature of the impacts that could arise and therefore the types of government bodies,
academic and research institutions and other bodies who may have an interest in these
issues.
The details of stakeholders (meeting attendance registers) have been included in Appendix D and it is
expected that more stakeholders will be identified and engaged throughout the Project lifecycle. In
particular, new stakeholders are expected to come to the attention of the Project through continuing
engagement activities, field work and unsolicited contacts made with the Project.
Table 3.1 below details the potential stakeholder groups that might have an interest in or influence over
the proposed Project and explains their connections to the proposed Project.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
The stakeholder analysis tool in Table 3.2 (below) was thereafter used to group stakeholders
according to their influence on and support to the Project. This analysis allowed for the ESIA team to
focus engagement efforts and helped identify the key objectives of engagement with different parties.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT STAKEHOLDERS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME APPROACH TO STAKEHOLDER ENGAGEMENT
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
Note: There is no one right way of undertaking consultation. Given its nature, the process will always
be context-specific.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME APPROACH TO STAKEHOLDER ENGAGEMENT
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
Box 4.1 below provides an overview of the common methods used to disseminate information to
stakeholders depending on the stakeholder group and literacy levels. Table 4.1 that follows present
examples of communication tools that are used to disseminate information.
Key Informant Interview: One-to-one meeting with a professional or individual with knowledge and expertise about a specific
subject area that can provide targeted information in relation to specific aspects of the project for consideration in project
design and implementation of project elements or programmes.
Formal Meeting: Formal meeting to present project information to a group of individuals with authority or that may be a key
stakeholder, such as the government or NGOs, and to gather feedback for consideration in Project design and
implementation of Project elements or programmes.
Community Meeting/ Barazas: Gathering of all members of the community residing in a particular area to present project
information and gather feedback for consideration in project design and implementation of project elements or programmes.
Household Surveys: Administering a household survey questionnaire to each of the households that will be directly affected
by land acquisition activities to have a good understanding of their household characteristics and livelihoods. This method is
often used during the conduct of RAPs
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME APPROACH TO STAKEHOLDER ENGAGEMENT
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME OUTCOMES OF STAKEHOLDER ENGAGEMENTS TO DATE
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
A summary of the outcomes of the stakeholder engagement activities conducted to date as well as
detailed minutes of the engagement meetings held are presented in Appendix D. The stakeholder
views have informed the preparation of the ESIA Project Report and subsequent engagements in the
next phases of Project planning and development should continue to shape the Project in the best
way possible.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME NEXT STEPS IN THE STAKEHOLDER ENGAGEMENT PROCESS
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
The Project is committed to continuous engagement with stakeholders throughout the life of the
Project, from the current stages of planning and design, through construction into operation, and
eventually to closure and decommissioning.
Plans and activities implemented during the next stages of Project planning and development will
therefore feed into and inform on-going stakeholder engagement as the Project moves into these
stages, ensuring that two-way dialogue with those affected, both positively and negatively by the
proposed Project is maintained.
The aim will be to ensure that the Project remains in contact with all interested parties and cognisant
of their concerns, and that these are addressed in an effective and timely manner. At each stage a
detailed schedule of activities and events will be developed and widely disseminated so that people
know how to interact with and participate in the Project.
In particular, post ESIA stakeholder engagement is expected at the following Project stages:
Demarcation of the final Project Corridor indicating the extent on either side of the existing
roads. At that stage, the Contractor in conjunction with the Contracting Authority (KURA) will
hold discussions with each of the directly affected persons and if necessary (based on the
final extent of the corridor), and if required a Resettlement Action Plan (RAP) will be prepared
and implemented.
Mobilisation phase: At this stage, information regarding the location of associated project
infrastructure, detailed construction schedule, expected construction team (including
employment opportunities) will be shared with the Project stakeholders.
Construction phase.
Demobilisation phase notifying the stakeholders the end of the construction activities and
close-out of outstanding construction phase related grievances.
Particularly, engagements with the following stakeholders are deemed critical to update them prior to
the commencement of the Project implementation:
Local community members through public barazas (at least one public baraza per affected
community).
PAPs to disclose the entitlement matrix and implement the RAP, if applicable. If the road
design necessitates impacts on properties that were initially not considered for compensation,
a supplementary RAP to cover them should be conducted and compensation effectively
given.
County, parastatal and central government leaders to update them on the project schedule
and ascertain the likely commencement date of the construction activities.
Other developers in the Project area, CSOs and NGOs operating in the Project area to
update them of the Project schedule
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT GRIEVANCE MECHANISM
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
B7.1 Purpose
The Project will need to establish a specific mechanism for dealing with stakeholder grievances. A
grievance is a complaint or concern raised by an individual or organisation who judges that they have
been adversely affected by a project during any stage of its development. Grievances may take the
form of specific complaints for actual damages or injury, general concerns about Project activities,
incidents and impacts, or perceived impacts.
This section outlines the approach to managing grievances which will be used throughout the Project
lifetime but more importantly during the construction and operation.
B7.3 Process
Based on the principles described above, the grievance mechanism process should involve four main
stages:
Receiving and recording the grievance;
Investigation and site inspection;
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT GRIEVANCE MECHANISM
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
Response; and
Monitoring and evaluation.
B7.3.3 Response
A formal response detailing how the grievance will be resolved should be provided to each
complainant within 30 days where possible. Where resolution is delayed the complainant should be
provided with regular updates on progress. The complainant has the right to reject the resolution
proposed in which case the assigned individual should discuss the complainant expectations and
review and update the proposed resolution on the basis of these discussions. If resolution can’t be
agreed then the complaint has the right to seek other judicial or administrative remedies.
Note: It should be noted that the duration to address grievances is dependent on its characteristics
and some grievances can be appropriately addressed instantly.
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME PROJECT GRIEVANCE MECHANISM
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
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REHABILITATION OF LOT 15 AND 18 ANNUITY PROGRAMME MONITORING AND REPORTING
ROADS IN LAIKIPIA, NYERI, KIRINYAGA, EMBU, MURANGA,
THARAKA NITHI, VIHIGA, KAKAMEGA, BUNGOMA AND BUSIA
COUNTIES, KENYA
Stakeholder Engagement Plan (SEP) – Final Version
It will be important to monitor and report on the ongoing stakeholder engagement efforts to ensure
that the desired outcomes are being achieved, and to maintain a comprehensive record of
engagement activities and issues raised.
To date this has been done and the detailed information is presented in Appendices C and D, and will
continue through the Project’s stakeholder engagement activities.
These records and outputs will be updated as the Project progresses and further phases of
engagement are undertaken.
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APPENDIX C BACKGROUND INFORMATION DOCUMENT USED IN
STAKEHOLDER ENGAGEMENT ACTIVITIES
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ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
1. About ERM
ERM is a leading global provider of environmental, health, safety, risk, social consulting and
sustainability related services. We deliver innovative solutions for business clients as well as
selected government clients through a combination of in-depth technical knowledge of
sustainability issues and strategic business advice.
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ERM
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3. Project Background
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
The following sections are specific for every Project Road and presented separately –
refer to maps, images and information in the next pages.
Proposed Project Road
Baseline Data
Potential Impacts and Mitigation Measures
Question and Answer Session
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Potential Impacts and Mitigation Measures (the ones identified so far – to be assessed
in details and presented in the Project Report)
Impact Mitigation Measure
Poverty Reduction Construction works will contribute towards poverty reduction through the
and Improvement of promotion of:
Livelihoods local direct and indirect employment of skilled and unskilled labour; and
local procurement of goods and services by road contractors during
construction.
Flooding due to poor Streamlined Drainage Outfalls will be designed and constructed to reduce the
drainage. This is a potential for flooding and associated damage.
current issue as
drainage channels are
broken on some
sections.
Air emissions during Dust suppression measures including a watering programme.
construction period Ensure construction equipment and vehicles are regularly maintained in
including dust good working conditions
Dust control measures at the quarry sites and aggregate crushing sites.
Noise and Vibrations Inform the neighbouring communities of any un-usual construction
activities with extraordinary noise levels including time, expected
duration and any safety precautions.
Undertake structural integrity assessment of existing buildings and other
structures along the road to avoid damages from vibrations.
Health and Safety Enhance information and appropriate signage at all-time along the Project
Road and work areas.
Ensure Occupational Health and Safety (OHS) requirements are observed
at all times during the construction at work areas.
Provide acceptable alternative road diversions where needed to allow
construction activities.
Establish Worker Codes of Conduct for construction works to minimise
negative community- worker interactions.
Traffic Management The Contractor(s) shall adopt and review traffic management plan for the
construction works.
The Traffic Management Plan will be communicated to the affected
communities.
Appropriate signage and information will be provided at all the
diversions (beginning and end points).
Health and Initiate an awareness creation, prevention and training programmes on
HIV/AIDS HIV/AIDS upon commencement of works.
Establish wellness centres including Voluntary Counselling and Testing
(VCT) and Antiretroviral Therapy (ARV) centres at strategic location
along the Project Road.
Incorporate HIV/AIDS control program for workers.
Establish worker codes of conduct for all workers which include
measures to limit the spread of diseases.
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Potential Impacts and Mitigation Measures (the ones identified so far – to be assessed
in details and presented in the Project Report)
Impact Mitigation Measure
Poverty Reduction Construction works will contribute towards poverty reduction through the
and Improvement of promotion of:
Livelihoods local direct and indirect employment of skilled and unskilled labour; and
local procurement of goods and services by road contractors during
construction.
Flooding due to poor Streamlined Drainage Outfalls will be designed and constructed to reduce the
drainage. This is a potential for flooding and associated damage.
current issue as
drainage channels are
broken on some
sections.
Air emissions during Dust suppression measures including a watering programme.
construction period Ensure construction equipment and vehicles are regularly maintained in
including dust good working conditions
Dust control measures at the quarry sites and aggregate crushing sites.
Noise and Vibrations Inform the neighbouring communities of any un-usual construction
activities with extraordinary noise levels including time, expected
duration and any safety precautions.
Undertake structural integrity assessment of existing buildings and other
structures along the road to avoid damages from vibrations.
Health and Safety Enhance information and appropriate signage at all-time along the Project
Road and work areas.
Ensure Occupational Health and Safety (OHS) requirements are observed
at all times during the construction at work areas.
Provide acceptable alternative road diversions where needed to allow
construction activities.
Establish Worker Codes of Conduct for construction works to minimise
negative community- worker interactions.
Traffic Management The Contractor(s) shall adopt and review traffic management plan for the
construction works.
The Traffic Management Plan will be communicated to the affected
communities.
Appropriate signage and information will be provided at all the
diversions (beginning and end points).
Health and Initiate an awareness creation, prevention and training programmes on
HIV/AIDS HIV/AIDS upon commencement of works.
Establish wellness centres including Voluntary Counselling and Testing
(VCT) and Antiretroviral Therapy (ARV) centres at strategic location
along the Project Road.
Incorporate HIV/AIDS control program for workers.
Establish worker codes of conduct for all workers which include
measures to limit the spread of diseases.
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Senteu Plaza Telephone: +254 740 861 650/1
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Nairobi, Kenya www.erm.com
Associated Project The local stakeholders are willing to assist the Contractor identifying a
Infrastructure potential location for a camp/ materials yard.
Impacts arising from the extraction of the required Project materials should
be managed appropriately.
Stormwater The stakeholders wanted to know how the Contractor will ensure that the
Management/Drainage stormwater directed to the River Isiukhu will not affect its quality especially
siltation and sedimentation.
Ensure proper management of the discharges, particularly, stormwater.
The Project area receives high rain intensities (for about ten months every
year) which can lead to erosion if no proper measures to offset the
stormwater are put in place.
The CDE suggested that appropriate culverts should be installed for
efficient management of stormwater; the flow of stormwater should not be
obstructed or impeded.
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Compensation Issues The stakeholders inquired if they will be compensated for structures, crops
and trees that have encroached on the road reserve.
The CECM advised that there are mining and prospecting interests in the
some sections of the road that have been on-going for a while. There is
also debris that was left in the area and prospects are still on-going. It is
therefore anticipated that there are some interests related to ownership
and access of land in the area.
The CECM pointed out that there are no major structural encroachments
that require compensation. Most of the structures along the road are
temporary in nature such as posho mills in temporary structures and the
anticipated impact will mostly be economic displacement.
The CDE pointed out that proper measures should be used to relocate
those who has encroached on the road reserve.
The CDE pointed out that provisions should be made to compensate
those whose houses will be affected during the compacting of the road as
a result of the vibrations.
Service Infrastructure The local stakeholders were concerned of the impacts the Project will
along the Project Roads have on road-side infrastructure (potable water supply pipelines and
electricity transmission and distribution lines).
The Project design should avoid road-site infrastructure where possible to
avoid the need for relocation. Where avoidance is not possible, relocation
of the electricity infrastructure should be done before the contractor is on-
site.
It is KURA’s responsibility to have a wider corridor including where
relocation should take place.
At the time of planning for the relocation, it will be important to jointly plan
for electricity, water and sewerage infrastructure since at times, the
institutions responsible for these facilities agree and relocate them on one
side of the road to optimise space.
KPLC will quote and conduct the actual relocation of the electricity
infrastructure; however, it is KURA’s responsibility to pay for the relocation
exercise as well as provision of detailed Project design.
Details of the Road Design The stakeholders requested the Contractor to install road signs and
bumps; ensure appropriate safety features are in incorporated to prevent
accidents.
The CDE pointed out that blasting has been a major issue in the area
whereby some contractors overcharge the explosives in the quarries
resulting in destruction of houses and animals.
Provisional bypasses should be provided to enable continuous access
homes and other developments along the Project Roads particularly
during the construction phase.
The CECM pointed out that there may be need for more culverts along the
Ilesi – Kakamega Road because of the hilly terrain.
Ensure proper landscaping measures are put in place especially in the
areas where there are underground tunnels that were used during the gold
exploration.
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Waste Management Proper waste management should be practiced and the Contractor can
outsource the special trucks used for transporting waste. NEMA charges
Kshs. 8000/yr to licence the self-owned waste handling trucks.
The CEC pointed out that there is a dumpsite in the area where all the
solid waste is disposed although the County Government has plans to
have it relocated and use the current ground as a holding station before
the waste is transferred. The county intends to use the waste for power
generation.
Health and Safety Adhere to all safety requirements during especially construction phase.
Ensure dust is minimised as much as possible especially during the dry
season for example by watering the roads. Dust at the crushing plant
should also be minimised. Over-speeding should be avoided.
Social Issues The stakeholders requested for construction of a rehabilitation centre for
addicts as part of the Corporate Social Responsibility (CSR).
Gender issues in the area are mainly about ownership of property. Most
people in the area have not transferred property ownership to the next of
kin and it becomes challenging to resolve family disputes especially when
they pass away.
The CEC proposed the creation of recreational grounds as the
decommissioning measures for the gold mines. He suggested that this
can be done as part of the CSR activities.
There are also likely to be issues related to culture especially graves as
most people in the area burry their loved ones in front of their houses in
marked graves.
MEETING MINUTES
1. Introduction
The meeting began at 2.00 pm with the Senior Chief, Maurice Muchiti introducing the people
present for the meeting. Mercy Kuria of ERM introduced the project, the team present who and
shared the agenda of the meeting.
In her introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm in over 40 countries and 160 offices worldwide and have been appointed by
Mota Engil to undertake the Environmental and Social Impact assessment for the proposed
project. She further introduced the Contractor Mota Engil (represented by Juanita Whitfield), a
Portuguese engineering and construction company currently present in fourteen African
Countries including Nairobi and introduced Kenya Urban Roads Authority (KURA)
(represented by Elsie Ngendo) and their supervisory role in the Mateka-Samoya road and
Mateka-Siritanyi which will need to be upgraded to tarmac from the current marram and well
as construction of the pedestrian walkway and drainage. Mercy took the community through
the preliminary road cross-section indicated on leaflets which had been distributed to the
attendees and informed the purpose of the meeting which is to gather community views,
questions and inputs about the proposed road project.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
Page 1 of 11
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Mercy Kuria
0410731
Page 2 of 11
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
The roads in Lots 15 and 18 are spread in 10 counties; however, the purpose of this meeting is
to discuss the road in Lutonyi-Kakamega road in Kakamega County. The length of the roads are
3.0km.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
4. Discussion
The public thanked the team for the proposed road upgrade and cited the economic
development that the area will benefit from tarmacking the road.
6. Closure
The project team thanked the community their leaders who were present for their time and
there being no other business, the meeting ended at 4.00 pm
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Page 5 of 11
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be reproduced or transmitted in any form or by any means, without prior written
permission of ERM.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Attendance Registers
Page 6 of 11
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Mercy Kuria
0410731
Page 7 of 11
ERM Mercy Kuria
0410731
Page 8 of 11
ERM Mercy Kuria
0410731
Page 9 of 11
ERM Mercy Kuria
0410731
Page 10 of 11
ERM Mercy Kuria
0410731
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ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
MEETING MINUTES
1. Introduction
The meeting began at 10.00 am with the Senior Chief, Bernard Mulinya introducing the people
present for the meeting. Mercy Kuria of ERM introduced the project, the team present who and
shared the agenda of the meeting.
In her introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm in over 40 countries and 160 offices worldwide and have been appointed by
Mota Engil to undertake the Environmental and Social Impact assessment for the proposed
project. She further introduced the Contractor Mota Engil (represented by Juanita Whitfield), a
Portuguese engineering and construction company currently present in fourteen African
Countries including Nairobi and introduced Kenya Urban Roads Authority (KURA)
(represented by Elsie Ngendo) and their supervisory role in the Kakamega-Ilesi road which will
need to be upgraded to tarmac from the current marram and well as construction of the
pedestrian walkway and drainage. Mercy took the community through the preliminary road
cross-section indicated on leaflets which had been distributed to the attendees and informed
the purpose of the meeting which is to gather community views, questions and inputs about
the proposed road project.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
Page 1 of 13
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Mercy Kuria
0410731
Page 2 of 13
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
The roads in Lots 15 and 18 are spread in 10 counties; however, the purpose of this meeting is
to discuss the road in Kakamega Ilesi road in Kakamega County. The length of the roads are
7.6km.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
4. Discussion
What will happen if construction machinery Elsie of KURA confirmed that communities
crushes someone’s house, or water pipes or will be told early enough to move properties
leaks to cracks on a house due to vibration? and remove trees that have encroached on
the road reserve.
KURA in cooperation with the water service
providers will move the water pipes before
construction begins and will give the
community a notice period when water
supply will be disrupted, to avoid any
inconveniences.
She also informed that the nature of
construction will not involve heavy or long-
term vibration but will mostly involve
compaction.
Labour to be sourced locally and ensure Elsie of KURA assured that labour for the
only people from this section get jobs. project will be sourced locally through the
chief’s office.
Will we be compensated for loss of Elsie from KURA informed that there will be
structures, crops and trees? no compensation for items on the road
reserve. Public will be informed early
enough to remove the structures and /or
crops, trees.
Who will be responsible for cutting down the Elsie of KURA informed that the tree owner
trees that are on the road reserve? can agree with the contractor that the
contractor cuts down the trees and hands
over the wood to the owner, or the owner
can cut the trees himself.
Community will provide space for the Juanita of Mota Engil took note.
contractor to set up a construction camp.
Will road survey be harmonized with Elsie of KURA informed that the survey will
previous survey that was conducted in the be harmonized the existing cadastral map.
early 80’s?
Will some work be done on the bridge? Juanita of Mota Engil confirmed that the
design engineers will work on the bridge.
Drainage is normally a challenge here due to Juanita of Mota informed that the design
the heavy rains we experience throughout team will construct box culverts to
the year. Ensure drainage is well done. accommodate more flow and reduce water
velocity. Further said that the drainage
designs will show where the excess outflow
will go to without causing any flooding.
To construct a rehabilitation centre for Juanita of Mota Engil clarified that their
addicts as CSR mandate is to only do road construction and
CSR is not part of the project components.
To source construction materials locally Juanita of Mota Engil informed that the
within the area. engineers will test the locally available
materials and if they meets the right
standards then they will use them for road
construction.
5. Way forward/ Conclusion/ General feedback from stakeholder consulted
ERM Mercy Kuria
0410731
Page 4 of 13
The public thanked the team for the proposed road upgrade and cited the economic benefits
that the area will benefit from tarmacking the road.
6. Closure
The project team thanked the community their leaders who were present for their time and
there being no other business, the meeting ended at 12.00 pm
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Page 5 of 13
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be reproduced or transmitted in any form or by any means, without prior written
permission of ERM.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Attendance Register
Page 6 of 13
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Mercy Kuria
0410731
Page 7 of 13
ERM Mercy Kuria
0410731
Page 8 of 13
ERM Mercy Kuria
0410731
Page 9 of 13
ERM Mercy Kuria
0410731
Page 10 of 13
ERM Mercy Kuria
0410731
Page 11 of 13
ERM Mercy Kuria
0410731
Page 12 of 13
ERM Mercy Kuria
0410731
Page 13 of 13
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
MEETING MINUTES
1. Introduction
The meeting began at 3:45 pm with the County Executive of Environment, Baraza Wangwe
who welcomed the project team. Barnabas Busheshe of ERM shared the agenda of the
meeting.
In his introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm in over 40 countries and 160 offices worldwide and have been appointed by
Mota Engil to undertake the Environmental and Social Impact assessment for the proposed
project. He further introduced the proponent Mota Engil (represented by Juanita Whitfield), a
Portuguese engineering and construction company currently present in fourteen African
Countries including Nairobi. Kenya Urban Roads Authority (KURA) had identified a number of
roads in different counties that need to be upgraded to tarmac from the current marram and
well as construct the walkway and drainage.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
Page 1 of 5
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Gideon Owaga
0410731
Page 2 of 5
The roads in Lots 15 and 18 are spread in 10 counties; however, the purpose of this meeting is
to discuss the roads in Kakamega Ilesi and Lutonyi -Kakamega in Kakamega County. The length
of the Kakamega Ilesi road is 6km and Lutonyi -Kakamega road is 3km.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
4. Discussion
Comment/ Question Response
The CEC adviced that there are mining and Point was noted
prospecting interests in the some sections of
the road that had been going on for
sometime. There is also debris that was left
and people still go back there seeking for
prospects. It is therefore anticipated that
there are some interests related to
ownership and access of land in the area
The CEC pointed out that there is a Point was noted
dumpsite in the area where all the solid
waste is disposed even though the county
government has plans to have it relocated
and use the current ground as a holding
station before the waste is transferred. The
county intends to use the waste for power
generation
The CEC adviced the proponent to ensure Point was noted
proper landscaping measures are put in
place especially in the areas where there are
underground tunnels that were used during
the gold exploration
The CEC pointed out that the terrain in the Point was noted
area is generally good and there are no
major biodiversity issues anticipated
The CEC adviced that the proponent should Point was noted
ensure proper management of the
discharges specifically storm water. The
area is known to have average of rainfall for
ERM Gideon Owaga
0410731
Page 3 of 5
The CEC requested that the information gathered during the groundtruthing be shared with his
office
6. Closure
The project team thanked the County CEC of Environment for his time and there being no
other business, the meeting ended at 4:00 pm.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Attendance Register
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
MEETING MINUTES
1. Introduction
The meeting began at 2:10 pm with the NEMA County Commisioner, Abdirisack Jaldesa who
welcomed the project team. Barnabas Busheshe of ERM shared the agenda of the meeting.
In his introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm in over 40 countries and 160 offices worldwide and have been appointed by
Mota Engil to undertake the Environmental and Social Impact assessment for the proposed
project. He further introduced the proponent Mota Engil (represented by Juanita Whitfield), a
Portuguese engineering and construction company currently present in fourteen African
Countries including Nairobi. Kenya Urban Roads Authority (KURA) had identified a number of
roads in different counties that need to be upgraded to tarmac from the current marram and
well as construct the walkway and drainage.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
Page 1 of 3
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Gideon Owaga
0410731
Page 2 of 3
The roads in Lots 15 and 18 are spread in 10 counties; however, the purpose of this meeting is
to discuss the roads in Kakamega Ilesi and Lutonyi -Kakamega in Kakamega County. The length
of the Kakamega Ilesi road is 6km and Lutonyi -Kakamega road is 3km.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
4. Discussion
Comment/ Question Response
The CC asked whether there were ERM pointed out that this was just a scoping
stakeholders that had already been invited exercise but the baraza will be held latter.
for the public meeting The chiefs will assist in the mobilization.
Attendance Register
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
MEETING MINUTES
1. Introduction
The meeting began at 2:25 pm with the NEMA County Director of Environment, Simon Tonui
who welcomed the project team. Barnabas Busheshe of ERM shared the agenda of the
meeting.
In his introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm in over 40 countries and 160 offices worldwide and have been appointed by
Mota Engil to undertake the Environmental and Social Impact assessment for the proposed
project. He further introduced the proponent Mota Engil (represented by Juanita Whitfield), a
Portuguese engineering and construction company currently present in fourteen African
Countries including Nairobi. Kenya Urban Roads Authority (KURA) had identified a number of
roads in different counties that need to be upgraded to tarmac from the current marram and
well as construct the walkway and drainage.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Developer) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval.
Page 1 of 4
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Gideon Owaga
0410731
Page 2 of 4
The roads in Lots 15 and 18 are spread in 10 counties; however, the purpose of this meeting is
to discuss the roads in Kakamega Ilesi and Lutonyi -Kakamega in Kakamega County. The length
of the Kakamega Ilesi road is 6km and Lutonyi -Kakamega road is 3km.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
4. Discussion
Comment/ Question Response
The NEMA CDE adviced the site where the Point was noted
construction material will be sourced should
be brought locally
The CDE pointed out that it was important Point was noted
that the proponent adheres to all safety
requirements during construction
The CDE pointed out that proper measures Point was noted
should be used to relocate those who
encroach along the road reserve
The CDE pointed out that the contractor Point was noted
should ensure dust is minimised as much as
possible especially during the dry season for
example by watering the roads. Dust at the
crash site should also be minimised.
Speeding should also be avoided
The CDE pointed out that blasting has been Point was noted
a major issue in the area whereby some
contractors overcharge the explosives in the
quarry’s resulting in destruction of houses
and animals
The CDE adviced that the contractor should Point was noted
ensure proper rehabilitation and restoration
of the excavated sites. There have been
cases where the level of excavation makes it
impossible for proper backfilling to be
undertaken backfill
The CDE suggested that appropriate Point was noted
culverts to be put where there are chances
ERM Gideon Owaga
0410731
Page 3 of 4
The CDE pointed out that his office and the county will also require access to the RAP report
for review and comment
6. Closure
The project team thanked the NEMA County Director of Environment for his time and there
being no other business, the meeting ended at 2:40 pm.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
Attendance Register
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM
Senteu Plaza Telephone: +254 740 861 650/1
1st Floor, Cnr of Lenana and Galana Fax: +254 71 265 0516
Roads, Kilimani
Nairobi, Kenya www.erm.com
MEETING MINUTES
1. Introduction
The meeting started at 8:50 am with the KPLC Acting Chief Engineer for Business
Development, Vincent Okello and Engineer Peter Nyanzi who welcomed the ERM consultants.
Barnabas Busheshe of ERM shared the agenda of the meeting and described to them the
Project.
In his introductory remarks, Barnabas stated that ERM is an environmental and social
consultancy firm with offices in over 40 countries and 160 offices worldwide and has been
appointed by Mota - Engil Africa to undertake the Environmental and Social Impact
assessments for the Project Roads. He further Explained that the Kenya Urban Roads
Authority (KURA) has identified a number of roads in different counties that need to be
upgraded to tarmac from the current marram/gravel standards as well as construct the
walkway and drainage.
2. Project Description
The Government of the Republic of Kenya through the Ministry of Transport and Infrastructure
represented by the Kenya Urban Roads Authority (KURA) has appointed a consortium
comprising of Lee Construction Ltd, Cape Consult and, Mota Engenharia and Construcao Africa
(hereafter referred to as the Consortium) to design, construct (upgrade to paved standards) and
maintain 2,000 km of urban roads in the Kenya Roads Annuity Programme, Lots 15 and 18. The
selected roads aim at supporting primary growth sectors of commerce, tourism, agriculture and
rural production and extractives industry. The construction activities are planned to last for a
period of two years and the maintenance period is planned to last for eight years after which the
Consortium will fully hand over the roads to KURA. The commencement of the construction
phase activities is dependent on the completion and approval of the road designs as well as
obtainment of all the relevant permits, including the Environmental and Social Impact
Assessment (ESIA) Certificates of Approval. The roads in Lots 15 and 18 are spread in 10
Page 1 of 3
© Copyright 2019 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved. No part of this work may be
reproduced or transmitted in any form or by any means, without prior written permission of ERM.
ERM Gideon Owaga
0410731
Page 2 of 3
counties in Western and Central Kenya. In Central Kenya, the host counties are Nyeri, Laikipia,
Kirinyaga, Embu, Muranga and Tharaka Nithi while in western Kenya, the host counties are
Kakamega, Vihiga, Bungoma and Busia.
3. Environmental and Social Impact Assessment (ESIA) Process
The ESIA process is guided by Environmental Management and Coordination Act (EMCA) of
1999 (reviewed in 2012) and the 2015 amendments and the associated Environmental (Impact
Assessment and Audit) Regulations of 2003 (and the amendments of 2016). Reference is also
made to Good International Industry Practice (GIIP) guidelines and the lender requirements,
particularly, the IFC Performance Standards on environmental and social sustainability. As
part of the ESIA process, stakeholder engagement and consultation is a paramount step to:
Inform the stakeholders of the proposed project, associated impacts and identified
measures to manage their significance to acceptable levels;
Obtain stakeholders’ views on the proposed project to inform its design and
implementation, and gain stakeholder support/ social license to operate; and
Open communication channels for use through the lifecycle of the project.
In particular, there are electrical transmission and/or distribution lines as well as street lights
along the Project Roads. Some of these electrical infrastructure fall within the Road corridor
that will be used to upgrade the Project Roads and will thus require to be relocated. Therefore,
in addition to the above key objectives of stakeholder engagement and consultation, this
meeting sought to understand KPLC’s relocation process for electrical infrastructure.
4. Discussion
The KPLC team welcomed the Project and made the following comments to ensure
appropriate and timely implementation of the Project.
KPLC will provide the necessary support in terms of coordinating her teams and
ensuring timely relocation at a time when this will be required.
The Project design should avoid infrastructure where possible to avoid the need for
relocation.
Where avoidance is not possible, relocation of the electricity infrastructure should be
done before the contractor is on-site.
It is KURA’s responsibility to have a wider corridor including where relocation should
take place. This should be okay for the Project Roads since there will be a corridor of
20 m and the road will only occupy 14 m; relocation of the service infrastructure can be
done within the remaining 6 m of the road reserve (about 3 m either side of the roads).
At the time of planning for the relocation, it will be important to jointly plan for
electricity, water and sewerage infrastructure since at times, the institutions
responsible for these facilities agree and relocate them on one side of the road to
optimise space, for example, it is possible to have electricity distribution lines above
the water supply pipelines (it is possible to have the two in one corridor).
The relocation process for the electricity infrastructure is as follows:
The design team or KURA is required to provide the final road design
drawings to KPLC. To make it easy, the design drawing should show the
location of affected electricity poles and a total number of the poles to be
relocated.
Upon receipt of detailed design drawings, the KPLC central office in Nairobi
will liaise with their field/ county offices to prepare quotations for the relocation
exercise. The quotations will be ready and shared with KURA after at least two
weeks.
ERM Gideon Owaga
0410731
Page 3 of 3
KURA will be required to pay the amount indicated in the quotations to KPLC
(they indicated that this is usually where delays happen when the payment is
delayed; KURA must therefore be aware of this expected cost and allocate the
budget for the relocation so that as soon as the quotations with confirmed
amounts are available, they make the payment promptly).
For most of the Project Roads, KPLC will be required to give at least a two-
week relocation notice to the affected electricity customers. This implies that
the actual relocation can only start at least two weeks from the time of
payment of relocation fees.
On average, KPLC relocates infrastructure within 1 km in one week (in KPLC’s
good practice, they only switch-off customers for a maximum of 8 hours per
day). This implies that the relocation team only works 8 hours a day, they
connect the customers back to power at the end of each work-day so that the
customers should at least have power throughout the night.
The contractor can mobilise and start construction works along a Project Road
once relocation activities along that particular road have been completed.
5. Way forward/ Conclusion/ General feedback from stakeholder consulted
The Project design team or KURA to share the detailed road design plans with KPLC to kick
start the relocation process.
6. Closure
There being no other issues to discuss, the meeting ended at 09:30 am.
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