EIA - 1952 Proposed Golf Course Hotel Development SR - 2569-Min

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ENVIRONMENTAL IMPACT ASSESMENT STUDY REPORT FOR

PROPOSED GOLF COURSE HOTEL DEVELOPMENT ON LR NO.


KSM/KANYAWEGI/9676 LISUKA VILLAGE, KANYAWEGI SUB-
LOCATION, SOUTH WEST KISUMU LOCATION, KISUMU WEST SUB
COUNTY, KISUMU COUNTY

(NEMA TOR 382)

GPS COORDINATES: Latitude: -0.113272˚, Longitude: 34.650983˚

Proponent: Consultant:

RAMBARA COMPANY LTD Gomake Consultancy Company Ltd


P.O. BOX 897, 40100 P.O. Box 5540-00100
Kisumu, Kenya Nairobi
NEM Reg, No.: 8511
Email: [email protected]

MARCH, 2022
Rambara Company Ltd - ESIA Study

Document Authentication
This Environment and Social Impact Assessment (ESIA) Study for the above mentioned
project have been prepared by Gomake Consultancy Company Ltd (NEMA
Registered and licensed EIA/EA Firm of Experts) in consultation with the Rambara Company
Ltd (Project Proponent).

This ESIA has been done with reasonable skills, care and diligence in accordance with the
Environmental Management and Coordination Act 1999 and the Environmental (Impact
Assessment and Audit) Regulations 2003.

We the undersigned, certify that the particulars given in this ESIA Study Report are correct,
complete, accurate and righteous to the best of our knowledge and will be sufficient to provide
adequate and informative Environmental and Social Impact Assessment on the Rambara
Company Ltd Development.

PROJECT PROPONENTS

RAMBARA COMPANY LTD


P.O. BOX 897, 40100
Kisumu, Kenya

Signature……………………………………………………Date……………………

EIA/EA FIRM OF EXPERTS

Gomake Consultancy Company Ltd


P.O. Box 5540-00100
Nairobi
NEM Reg, No.: 8511
Email: [email protected]

Signature……………………………………………………Date………………………

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Table of Contents
List of Tables v

List of Plates v

List of Figures v

List of Annexure v

Abbreviations vi

Non-Technical Summary vii

1. INTRODUCTION AND SCOPE OF STUDY 1

1.1 Introduction 1
1.2 Background and Rational of the EIA 1
1.3 Scope 1
1.4 Terms of Reference 2
1.5 Methodology 2
2. PROJECT DESCRIPTION 3

2.1 Project Objectives 3


2.2 Proposed Project Components 3
2.3 Project Implementation 4
3. BASELINE INFORMATION 6

3.1 Location 6
3.2 Project’s surrounding 6
3.3 Kisumu County overview 7
3.4 Position, Size and Demographic Features 7
3.5 Physiographic and Natural Conditions 7
3.6 Administrative and Political Units 8
3.7 Infrastructure Development 8
3.8 Land and Land Use 10
3.9 Labour and Employment 10
3.10 Biodiversity of the area 11
3.11 Main tourist and wildlife attractions 11
3.12 Museums, Heritage and Cultural sites 12
4. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 13

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4.1 Background to environmental management policies and laws 13


4.2 Policy framework 14
4.3 Legal framework 16
4.4 International Conventions and Treaties 27
5. PUBLIC CONSULTATION AND PARTICIPATION 28

5.1 Overview 28
5.2 Legal Requirement for Public Participation 28
5.3 Objectives of Public Consultations 29
5.4 Consultation Process 29
5.5 Tools used in stakeholder and public consultations 30
5.6 Views Expressed 31
5.7 Public Participation findings 31
6. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 32

6.1 Legal and regulatory compliance 32


6.2 Construction and Equipment installation 32
6.3 Operation Stage 37
6.4 Decommissioning 40
7. PROJECT ALTERNATIVES 47

7.1 Site alternative 47


7.2 Alternative Design and project phasing 47
7.3 Alternatives to Technology and Construction Materials 47
7.4 “No Project” Alternatives 48
8. ENVIRONMENTAL MANAGEMENT PLAN 49

8.1 Introduction 49
9. CONCLUSION AND RECOMMENDATIONS 63

REFERENCES 64

ANNEXURE 65

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List of Tables

Table 1: Relevant legal and regulatory requirements 17


Table 2: Summary of impacts and mitigation during construction and installation 34
Table 3: Summary of major impacts and their proposed mitigation measures 42
Table 4: Environmental Management Plan (EMP) 50

List of Plates

Plate 1: Vegetation along the riparian boundary of the proposed project site 11
Plate 2: PCM on 4th November 2021 at the proposed project site 30

List of Figures

Figure 1: Google map showing location of the facility 6

List of Annexure

Annex 1: NEMA Approved TOR


Annex2: Proponent’s Registration and PIN
Annex 3: Land ownership documents
Annex 4: Expert practicing licenses
Annex 5: Minutes of public participation
Annex 6: Project Designs
Annex 7: WRA Riparian demarcation report

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Abbreviations

CIDP County Integrated Development Plan


Covid-19 Corona Virus Disease
CSR Corporate Social Responsibilities
EA Environmental Audit
EDL Effluent Discharge License
EIA Environmental Impact Assessment
EMCA Environmental Management and Coordination Act
EMP Environmental Management Plan
EMS Environmental Management System
ETP Waste water treatment plant
LTP Leachate Treatment Plant
Ha Hectare
ICT Information Communication Technology
ILO International Labour Organisation
KeNHA Kenya National Highways Authority
KeRRA Kenya Rural Roads Authority
KES Kenya Shillings
KISIP Kenya Informal Settlement Improvement Projects
KPLC Kenya Power & Lighting Company Limited
KRB Kenya Roads Board
KUP Kisumu Urban Projects
KURA Kenya Urban Roads Authority
KWS Kenya Wildlife Services
LPG Liquefied Petroleum Gas
LR No Land registration number
LVEMP II Lake Victoria Environmental Management Project
MDG’s Millennium Development Goals
MW Mega Watts
NCA National Construction Authority
NEAP National Environment Action Plan
NEMA National Environmental Management Authority
OSHA Occupational Safety and Health Act
PCM Public Consultation Meeting
pH Potential of Hydrogen
PPE Personal Protective Equipment
TOR Terms of Reference
UNCED United Nations Conference on Environment and Development
UNFCCC United Nations Framework Convention on Climate Change
WHO World Health Organization
WRA Water Resources Authority

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Non-Technical Summary

Introduction

The Proponent, Rambara Company Ltd (RCL) has proposed to implement Proposed Golf
Course Hotel Development on LR No. KSM/KANYAWEGI/9676 Lisuka Village,
Kanyawegi Sub-Location, South West Kisumu Location along the shores of Lake
Victoria, Kisumu County. The proposed development consist of a five storey building that
will host offices, auditoriums, conference & meeting rooms, shops and restaurants,
shoreline protection and landscaping and waste water treatment plant including associated
infrastructure such as drainage system and access roads.

The proponents’ decision to develop the Proposed Golf Course Hotel Development is
largely fueled by the high demand for conference tourism at the Lakeside City of Kisumu
and the larger western Kenya. With a range of modern conference facilities and break
away rooms, the proposed project is set to attract key regional and international meetings
thus boosting business travel and conference tourism and the potential profits/return to
investments.

To comply with the requirements of the Environmental Management and Co-ordination


Act (EMCA) of 2015 and the Environmental Impact Assessment and Audit Regulations
2003, the project proponent has commissioned Gomake Consultancy Company Ltd to
prepare an Environmental and Social Impact Assessment (EIA) Project Report. The
environmental study was commissioned in January, 2022 after the approval of the TOR.
Public consultation process was done during the project report phase and repeated during
the full study phase including consultation with WRA as the lead agency in charge of the
riparian land that borders the project site along Lake Victoria.

Terms of Reference

The Terms of Reference for this assessment are based on the Environmental Impact
Assessment and Audit Regulations dated June 2003. The TOR was submitted to NEMA
and given reference number TOR 382 which was reviewed and approved by NEMA on
the 20th January 2022, copy of which is attached to this report.

Project location and scope

The proposed site is located in Kanyawegi Village Kisumu South West Location, Kisumu
West Sub County, Kisumu County on LR No. KSM/KANYAWEGI/9676 registered in
the name of the Proponent, Rambara Company Ltd. See Appendices for a copy of land
ownership document.

The site is located on coordinates: Latitude: -0.113272˚, Longitude: 34.650983˚.

The building shall consist of the following facilities:

Ground Floor

 Auditorium (1no.)
 Offices (3no.)

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 Restaurant, dining and kitchen (1no.)


 Shops
 Exhibition and Multipurpose spaces
 Toilets (both male and female)
 Parking, access and service roads outside the building.

1st Floor

 Auditorium (1no.)
 Conference rooms (5no.)
 Restaurant (1no.)
 Dining Terrace area (1no.)
 Executive lounge
 Board meetings (2no.)
 Toilets (both male and female)

2nd Floor

 Conference rooms (3no.)


 Terrace (2no.)
 Offices (3no.)
 Toilets (both male and female)

3rd Floor

 Conference rooms (2no.)


 Terrace (1no.)
 Toilets (both male and female)

4th Floor

 Conference rooms (1no.)


 Terrace (1no.)
 Toilets (both male and female)

5th Floor

 Terrace (2no.)

The floors will be connected with stair cases and lifts. The facility will use electricity as a
source of power (KPLC) and the main water supply will be from the borehole on site. The
water will be stored in elevated tanks. The proponent will however harvest rain water and
storage will be on an underground tank.

Since the project area is not connected to the sewer line, the proponent will construct a
wastewater treatment facility within the project site to serve the Golf Course Hotel project
and other anticipated developments.

Legal and regulatory compliance

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Rambara Company Ltd is committed to comply with all applicable legal provisions and
regulations which have been reviewed in the report:

 The Constitution of Kenya (2010)


 Environmental Management & Coordination Act, 1999 (Amended 2015) and
Subsidiary Regulations
 Environmental Management and Co-ordination (Waste Management) Regulations
2006
 Environmental (Impact Assessment and Audit) Regulations, 2003
 EMCA (Water Quality) Regulations, 2006
 EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management)
Regulations, 2009
 Environmental Management and Coordination (Air Quality) Regulations, 2014
 Land Act 2012
 Physical and Land Use Planning Act, 2019
 The Public Health Act (Cap 242)
 The Occupational Safety and Health Act, 2007
 The Water Act, 2016 and The Water Resources Management Rules, 2007
 The County Governments Act 2012
 Employment Act 2007
 Sustainable Development Goals (SDGs)

Public Participation

Legal Notice of 101 of June 2003 requires that all environmental and social assessment
process in Kenya to incorporate Public Consultation.

PCMs – The Consultant in collaboration with the national government led by the area
Chief carried out public participation on the proposed Golf Course Development project.
The meetings were held at the project site on two different days, one during the project
report level on 4th November 2021 and the other one during the full study level on the
18th February 2022. In their consultations, the community sensitization meetings targeted
in general all community members within the project area

The meeting minutes capturing the respondents views/opinions and suggestions are
attached to this study report.

Project Impacts:

Construction phase

Project impacts and their mitigation measures have been discussed in the report and they
include:

 Procurement of construction materials:


 Employment opportunities
 Enhancement of local economy / More cash in circulation
 Occupational health and safety hazards
 Energy utilization:

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 Water Utilization
 Waste production:
 Influx of construction workers into the area:
 Construction traffic:
 Archaeological findings:

Operation phase

 Increased pressure on infrastructure – Stressed up service provision


 Pollution – Environmental Degradation
 Drain blockages – Back flooding
 Vector and rodents breeding grounds – Vulnerability to diseases
 Electricity consumption – pressure on supply
 Reduction in biodiversity in the area due to altered habitats
 Destruction of wetlands
 Limitation of grazing land for animals
 Reduction of area of arable land for food crops
 Possible changes in soil quality / soil erosion
 Possibility of human disease outbreaks (e.g. cholera) due to poor effluent and sewage
disposal
 Employment opportunities
 Occupational health and safety hazards
 Improvement of infrastructure and social amenities through CSR activities
 Water supply and consumption

Decommissioning phase Impacts

 Solid Waste Generation


 Dust
 Noise and Vibration
 Labour work
 Occupational Health and Safety Hazards

Project Alternatives

Project alternatives discussed in the report include:

 Site alternative
 Alternative Design and project phasing
 Alternatives to Technology and Construction Materials
 “No Project” Alternatives

Conclusion

This ESIA Study Report has been prepared to provide sufficient and relevant information
on the proposed project to enable NEMA to establish whether activities of the project are
likely to have significant adverse environmental impacts. Mitigation measures have been
proposed for identified impacts in this report and an Environmental Management Plan

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(EMP) for the implementation of the proposed measures has been presented. The EMP
presented in this report is a tool to be used by the Project Team during the construction,
hand-over and operation periods.

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1. INTRODUCTION AND SCOPE OF STUDY

1.1 Introduction
The Proponent, Rambara Company Ltd (RCL) has proposed to implement Proposed Golf
Course Hotel Development on LR No. KSM/KANYAWEGI/9676 Lisuka Village,
Kanyawegi Sub-Location, South West Kisumu Location along the shores of Lake
Victoria, Kisumu County. The proposed development consist of a five storey building that
will host offices, auditoriums, conference & meeting rooms, shops and restaurants,
shoreline protection and landscaping and waste water treatment plant including associated
infrastructure such as drainage system and access roads classified by NEMA as medium
risk projects under tourism and related infrastructure and shopping centres, commercial
centres and complexes, business premises, shops and stores not exceeding ten thousand
square meters.

The project was however upgraded to a full study considering the location of the project
and it needed a wider public consultations.

The proponents’ decision to develop the Proposed Golf Course Hotel Development is
largely fueled by the high demand for conference tourism at the Lakeside City of Kisumu
and the larger western Kenya. With a range of modern conference facilities and break
away rooms, the proposed project is set to attract key regional and international meetings
thus boosting business travel and conference tourism and the potential profits/return to
investments.

1.2 Background and Rational of the EIA


To comply with the requirements of the Environmental Management and Co-ordination
Act (EMCA) of 2015 and the Environmental Impact Assessment and Audit Regulations
2003, the project proponent has commissioned Gomake Consultancy Company Ltd to
prepare an Environmental and Social Impact Assessment (EIA) Project Report. The
environmental study was commissioned in January, 2022 after the approval of the TOR.
Public consultation process was done during the project report phase and repeated during
the full study phase including consultation with WRA as the lead agency in charge of the
riparian land that borders the project site along Lake Victoria.

1.3 Scope
As a requirement by the Environmental Management and Coordination (Amendment) Act
2015, of Kenya, a project proponent is required to undertake an Environmental Impact
Assessment study before undertaking any project highlighted in Schedule 2 of the Act.
This study undertakes to fulfil this requirement. This study is necessary at the planning
stages of the undertaking to ensure that significant impacts on the environment are taken
into consideration during the design, construction, operation, and decommissioning of the
facility.

The project scope included literature review; detailed and updated description of the
project design and proposed implementation schedule, costs, as well as suitable alternative

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options; an in-depth analysis of the environmental and social baseline conditions; an


outline of policy, legal and institutional framework governing the sector with specific
focus on agro-processing; inclusive public participation and meaningful stakeholder
engagement; establishment of details of significant environmental and social impacts
associated with the construction, operation, decommissioning or after-use plans and post-
decommissioning of the project; recommend appropriate mitigation measures for all
adverse environmental and social impacts and enhancement of the benefits; and develop
an Environmental and Social Management Plan (ESMP) for all the project’s phases giving
specific actions, responsibilities, cost estimates, timeframes and monitorable indicators.

1.4 Terms of Reference


The Terms of Reference for this assessment are based on the Environmental Impact
Assessment and Audit Regulations dated June 2003. The TOR was submitted to NEMA
and given reference number TOR 382 which was reviewed and approved by NEMA on
the 20th January 2022, copy of which is attached to this report.

1.5 Methodology
After preliminary visits to the proposed site, the following were carried out in the
preparation of this document:

i) Observations, discussions with stakeholders and lead agencies


ii) Documentary review of the nature of the proposed project;
iii)Policy and legal frameworks, social and environmental setting of the area;
iv) Checklists were prepared to identify possible environmental and human safety issues,
photography, etc;
v) Review of the project designs and implementation plans and comprehensive
discussions with the project proponent;
vi) Report writing

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2. PROJECT DESCRIPTION

2.1 Project Objectives


The primary objective of this Project is to provide a modern world class waterfront
development with a range of modern conference facilities and break away rooms is set to
attract key regional and international meetings thus boosting business travel and
conference tourism and the potential profits/return of investments. The development will
also create opportunities to the small and medium enterprise business people to do
business.

2.2 Proposed Project Components


The building shall consist of the following facilities:

Ground Floor

 Auditorium (1no.)
 Offices (3no.)
 Restaurant, dining and kitchen (1no.)
 Shops
 Exhibition and Multipurpose spaces
 Toilets (both male and female)
 Parking, access and service roads outside the building.

1st Floor

 Auditorium (1no.)
 Conference rooms (5no.)
 Restaurant (1no.)
 Dining Terrace area (1no.)
 Executive lounge
 Board meetings (2no.)
 Toilets (both male and female)

2nd Floor

 Conference rooms (3no.)


 Terrace (2no.)
 Offices (3no.)
 Toilets (both male and female)

3rd Floor

 Conference rooms (2no.)


 Terrace (1no.)
 Toilets (both male and female)

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4th Floor

 Conference rooms (1no.)


 Terrace (1no.)
 Toilets (both male and female)

5th Floor

 Terrace (2no.)

The floors will be connected with stair cases and lifts. The facility will use electricity as a
source of power (KPLC) and the main water supply will be from the borehole on site. The
water will be stored in elevated tanks. The proponent will however harvest rain water and
storage will be on an underground tank.

Since the project area is not connected to the sewer line, the proponent will construct a
wastewater treatment facility within the project site to serve the Golf Course Hotel project
and other anticipated developments.

2.3 Project Implementation


The project will be implemented in the four phases: design, construction, operation and
decommissioning.

2.3.1 Design Phase

This phase is the concept of the planned development and the designing of a structure
which was envisaged to be functional and to take care of every environmental concern
such as liquid and solid wastes and security. This has already been completed.

2.3.2 The Construction Phase

This phase will be based on the building standards, code and all other relevant regulations
applicable in Kenya. All the proposed works will follow standard environmental
guidelines, health and safety measures.

The construction of the building walls, foundation, floor pavement, and drainage system,
among other component of the project will involve minimal masonry works and related
activities. General masonry and related activities will include concrete mixing, plastering,
and slab construction, construction of foundation and curing of fresh concrete surfaces.
These activities are known to be labour intensive hence may be supplemented by
machinery such as concrete mixers.

i) Roofing and sheet metal works

Roofing activities will include laying of iron sheets, and structural steel to the roof and
fastening the roofing materials to the roof.

ii) Electrical Works

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Electrical work during both construction and operation will involve installation of
electrical gadgets and appliances including electrical cables, lighting apparatus, sockets
etc.

2.3.3 The Operational Phase

Completion of construction activities will be followed by occupation of the facility by the


tenants and visitors to the facility. Both solid and liquid wastes will be produced during
this phase of the project. To manage solid wastes (domestic), the proponent will avail
litterbins/receptacles within the facility for temporary storage. A NEMA registered solid
waste handler will be contracted to manage the solid waste from the site to recycling
facilities and to the County approved dumping sites. Liquid wastes from the toilets will be
channelled to a waste water treatment plant within the site.

Grounds men will be hired to do repairs, painting and landscaping of open spaces. The
activities to be carried out during the operation phase of the proposed project include:
occupation of the residential units by the various tenants. The proponent will run and
manage the project during its operational phase and ensure that the recommendations in
this report and the laid down Environmental Management Plan are adhered to. The facility
will be connected to power from the national power grid.

2.3.4 Decommissioning Phase

At the end of the operational life of the building, all the equipment and waste materials
from the construction/equipment installation will be removed from the site. The materials
that can be reused will be separated and used for other construction work and others
disposed of appropriately. The areas not intended for parking of vehicles will be
landscaped and planted with beautiful vegetation to improve the aesthetics of the
surrounding.

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3. BASELINE INFORMATION

3.1 Location
The proposed site is located in Kanyawegi Village Kisumu South West Location, Kisumu
West Sub County, Kisumu County on LR No. KSM/KANYAWEGI/9676 registered in
the name of the Proponent, Rambara Company Ltd. See Appendices for a copy of land
ownership document.

The site is located on coordinates: Latitude: -0.113272˚, Longitude: 34.650983˚.

Figure 1: Google map showing location of the facility

(Source: google earth)

3.2 Project’s surrounding


The proposed project site is located off Kisiany – Bondo Road near Lisuka Primary School
in Kanyawegi Village Kisumu South West Location, Kisumu West Sub County, Kisumu
County. Surrounding the project are other commercial and residential developments
including Villa Del Sol.

3.2.1 WRA Riparian Land Demarcation

According to the water resources management rules 2007, “Unless otherwise determined
by a Water Resources Inspector, the riparian land adjacent to a lake, reservoir or stagnant
body of water is defined as a minimum of two meters vertical height or thirty meters
horizontal distance, whichever is less, from the highest recorded.

Following the above determination, the riparian area for the proposed project land was
established from the highest flood level and demarcated using newly installed Beacons on
6th January 2022. The proponent was advised to comply with the requirement that he
should not exercise the following proscribed activities highlighted in the seventh schedule
of the water resources management rules 2007 within the riparian area:

i) Tillage or cultivation;
ii) Clearing of indigenous trees or vegetation;

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iii) Building of permanent structures;


iv) Disposal of any form of waste within the riparian land;
v) Excavation of soil or development of quarries;
vi) Planting of exotic species that may have adverse effect to the water resource
vii) Or any other activity that in the opinion of the Authority and other relevant
Stakeholder may degrade the water resource.

During the pegging exercise, the Riparian area was demarcated to be 30m from the high
flood levels. The pegs were then placed and marked with the standard WRA pegging
painted white and inscribed with blue. (WRA Riparian demarcation report is annexed to
this report).

3.3 Kisumu County overview


Kisumu County is one of the 47 counties created through the devolved system of
governance by the Constitution of Kenya 2010 delineated as County number 42. The
population is estimated at 1,224,531 persons as at 2018. The county has a diverse
background comprising of urban and rural set-ups as well as rich ethnic, racial and cultural
diversity with the Luo being the dominant community. The county’s strategic position
serves as a gateway for Kenya into the rest of the African Great Lakes region. It is located
on the shores of Lake Victoria and serves as the main commercial and transport hub for
the Western part of Kenya and the East African region.

The county hosts the third largest city in Kenya, Kisumu City, which serves as the County's
headquarters. There are five major urban centres; Ahero, Katito, Muhoroni, Chemilil, and
Maseno. Other emerging fast-growing centers include Awasi, Pap-Onditi, Holo,
Kombewa and Sondu.

The major economic activities of the residents are trade, farming and fishing.

3.4 Position, Size and Demographic Features


The County is bordered by Homa Bay County to the South, Nandi County to the North
East, Kericho County to the East, Vihiga County to the North West, Siaya County to the
West and surrounded by the second largest freshwater lake in the World; Lake Victoria.
Kisumu County covers approximately 567 km2 on water and 2086km2 land area,
representing 0.36% of the total land area of Kenya's 580,367km. Kisumu has a population
of 1,155,574 (according to the 2019 National Census). Kisumu West Sub County where
the project is situated has a population of 172,821 on a land area of 212.90 km2

3.5 Physiographic and Natural Conditions


3.5.1 Physical and topographic features

The county’s topography is undulating and characterized by Kano-Plains which is a flat


stretch lying on the floor of the Rift Valley, the Nyabondo Plateau and the over-hanging
huge granite rocks at Riat hills, Maseno and Seme areas. Due to flash flooding, the Kano-
Plains have rich alluvial soils which favour agricultural production in horticulture and rice.
Granites on the other hand, find their use essentially in the building and road construction
industry.

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The county is endowed with the second largest freshwater lake in the world; L. Victoria
with two major rivers; Nyando and Sondu-Miriu and seven permanent rivers, Awach-
Kano, Oroba/Ombeyi, Kibos, Awach-Seme, Kisian, and Mugru, in its catchment. These
resources provide a big potential for development of blue economy. Impala sanctuary,
Ndere is land, the legendary Luanda Magere and Kit-Mikayi sites are among the unique
topographical features.

3.5.2 Ecological Conditions

Kano Plains is predominantly black cotton soil which is poorly drained and unstable
though suitable for rice, horticulture and sugarcane production. Seme and the lower parts
of Nyakach Sub-counties are dominated by lake sediments, commonly sand and clay soils
while Kisumu West Sub-county and upper-Nyakach are predominantly red-loamy soils
suitable for agricultural production. The lake shores are generally swampy and offer fertile
ground for horticulture and fish breeding.

3.5.3 Climatic Conditions

The climate of the County is generally warm with minimal monthly variation in
temperatures between 230C and 330C throughout the year. The rainfall is determined by a
modified equatorial climate characterized by long rains (March to May) and short rains
(September to November).

The average annual rainfall varies from 1000-1800mm during the long rains and 450-
600mm during the short rains. The altitude in the County varies from 1,144 meters above
the sea level on the plains to 1,525 meters above sea level in the Maseno and Lower
Nyakach areas. This greatly influences temperatures and rainfall in the County.

a) Rainfall

January is entirely a dry month. The peak generally falls between March and May, with a
secondary peak in September to November. Despite the challenges experienced in land
preparation as black cotton soils are difficult to work on manually during dry and heavy
rain seasons, the available rainfall is adequate and evenly distributed for small-scale food-
crop production and cash-crop growing.

b) Temperature

The annual maximum temperature ranges between 25OC and 33OC and the annual
minimum temperature ranges between 16OC and 18OC.

3.6 Administrative and Political Units


Kisumu County has seven Sub-Counties/ Constituencies namely: Kisumu East, Kisumu
West, Kisumu Central, Muhoroni, Nyando, Seme and Nyakach.

3.7 Infrastructure Development


The County is served with effective and reliable infrastructure which is critical in lowering
the cost of doing business and increasing the competitiveness of the County.

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3.7.1 Roads Network

Kisumu County is served with reliable road network, Major players in the road sub-sector
in the County include; Kenya National Highways Authority (KeNHA), Kenya Urban
Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA), Kenya Informal
Settlement Improvement Projects (KISIP), Kenya Wildlife Services (KWS), Kenya Roads
Board (KRB), Kisumu Urban Projects (KUP).

3.7.2 Kisumu International Airport

This is the third busiest airport in Kenya and the Country’s fourth International airport.
Though classified as an International Airport scheduled passenger services is available
only to Nairobi and Mombasa. The Airport is set for a second phase expansion that will
include the construction of a parallel taxiway, cargo apron and associated facilities.
Airlines operating include Kenya Airways, Fly 540, Jambo and Silverstone.

3.7.3 Information, Communication Technology

ICT is a foundation for economic development. Kenya’s vision of knowledge-based


economy aims at shifting the current industrial development path towards innovation
where creation, adoption, adaptation and use of knowledge remain the key source of
economic growth. ICT is a critical tool for expanding human skills and rests largely on a
system of producing, distributing and utilizing information and knowledge that in turn
plays a great role in driving productivity and economic prosperity.

3.7.4 Energy access

The main sources of energy within the County are electricity and thermal (firewood,
charcoal, kerosene, LPG, biogas and solar). The County has not fully tapped into the
potential of solar power and renewable energy. Currently, the growth of urban areas
requires the installation of floodlights to promote the 24-hour economy and improve on
security.

Electricity Consumption

The total annual electrical energy consumption in Kisumu County was estimated at 250.3
GWh as at the year 2015. The consumption pattern depicts that private sector contributes
to the highest share of electricity consumption, followed by the public-sector entities.
Household consumption accounts for only 5.8 percent of the total electricity supplied by
Kenya Power. Electricity coverage stood at 46.24 percent in 2015. The County targets to
increase electrification by 90 percent by the end of the plan period (2022) through a
partnership programme between the County Government and the Rural Electrification
Authority.

The main sources of renewable energy that have been exploited in the County for
electricity generation are hydropower and biomass. The County has two hydro plants:
Sondu Miriu and Sang’oro which contributes 60MW and 20.2MW respectively to the
National grid.

Thermal Energy Consumption

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Majority of thermal energy used across all sectors in Kisumu is generated from wood fuel,
fuel oil, agricultural residues and other oil products. Over 87 percent of households in the
County rely on traditional use of biomass for cooking. The use of firewood, charcoal and
paraffin for cooking is prevalent in the County at 58.2 percent, 29.3 percent and 7.1 percent
respectively.

Solar Energy Access

Kisumu County receives an estimated 5 kWh/m2 per day of solar energy throughout the
year. This has made it possible to use solar energy in the County’s energy mix. Access to
solar energy within the County is mainly segmented into three tiers: commercial
application solar systems (which make up three quarters of the current installed capacity),
off-grid solar power systems (powering markets, health centers and other social amenities)
and solar house systems (distributed to schools and community social organizations).

Biogas Energy Access

Wood fuel is the key source of energy for rural households. This has a major impact on
sustainable development for the County at large hence the need for biogas as an alternative
source of energy. Five biogas plants were installed by the County as pilot projects. Three
sugar companies also use biogases for electricity generation to meet their own cumulative
demand of 20.2MW.

3.8 Land and Land Use


3.8.1 Land ownership categories/ classification

Land is the most important natural resource that the county is endowed with. It is critical
to economic, social, political and cultural development. It is also considered as the
principal source of livelihood and material wealth by playing host to natural resources.
Secure access to land, sustainable land use planning and equitable distribution of land
remain immensely important for food and nutrition security, attraction of foreign
investors, employment and growth of industries and generally the socio-economic
development of the county. Approximately 50 percent of the county’s land surface is
grossly underutilized with sparse or no development especially in rural areas. In addition,
most of the land in the county has not been registered which hinders people from asserting
their rights over land.

3.9 Labour and Employment


An efficient, motivated and healthy human resource base is pivotal for enhanced County
competitiveness, economic growth and development. The Constitution advocates for
decent work where freely chosen productive employment is promoted simultaneously with
fundamental rights at work, adequate income from work, representation and social
security. In Kisumu County, the informal sector cutting across retail and wholesale trade,
industry, transport, agriculture and extraction of minerals employ approximately more
than 60 percent of those in gainful employment.

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3.9.1 Mining and extraction.

Kisumu County is rich in mining and extraction activities (Quarry, sand harvesting,
cement etc.) used in the construction industry ranging from sand harvested along river
banks, Murram in Kanyakwar and Nyakach; ballast in Kajulu, Kisumu West and Nyakach
and lime in Koru.

3.10 Biodiversity of the area


Within the Lake shore, floral communities include floating macrophytes (hyacinth, hippo
grass and papyrus) while the faunal communities include fish, mammals, birds, reptiles,
amphibians and insects. The following section presents the findings of the survey as well
as data and information obtained from literature review.

3.10.1 Water hyacinth coverage and trends

Water hyacinth, Eichhornia crassipes is an invasive perennial free-floating aquatic weed


which was introduced into Lake Victoria from South America. Kisumu Bay, where the
site is located has been consistent mapped as a water hyacinth hotspot with implications
on accessibility, fishing, water supply and tourism. In the last five years, the acreage of
water hyacinth in Winam Gulf exhibited a fluctuating trend. The lowest acreage (< 3000
ha) was observed in 2015 while the highest (> 6000 ha) recorded in 2018. (Source:
Nyaboke, et. al., 2019).

Plate 1: Vegetation along the riparian boundary of the proposed project site

3.11 Main tourist and wildlife attractions


Kisumu County has unique features such as the shoreline of Lake Victoria, Kit Mikayi,
Ndere, Island National Park, and Impala Park among others which collectively make
Kisumu a major tourist destination, abundant hospitality industry with excellent

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conference facilities ranging from the Grand Royal Swiss Hotel, situated in a serene
environment of Riat hills providing a clear aerial view of the City, Acacia Hotel within
the Central Business District, Impala & Jambo Safari Eco-lodge, Kiboko Bay on the shores
of L. Victoria for hippo watching, Sunset Hotel to Dunga Beach chain of hotels where the
Luo cuisine is enjoyed.

3.12 Museums, Heritage and Cultural sites


Kisumu County is endowed with a number of Heritage sites, which are spread across the
entire County. Some of these heritage sites are; Kajulu Caves, Abindu Shrine, God Mesa
view point, Kit Mikayi, Fort ternan, Okore Kogonda site, Anguom Yuak, Sango Ka Kere
as well as Oneno Nam.

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4. POLICY, LEGAL AND ADMINISTRATIVE


FRAMEWORK

Environmental law is principally concerned with ensuring the sustainable utilization of


natural resources according to a number of fundamental principles developed over the
years. In an ideal setting, the utilization of land and land based resources should adhere to
these principles, which are sustainability, intergenerational equity, principle of prevention,
the precautionary principle, the polluter pays principle, and public participation.

The EMCA, 1999 was developed based of the principles highlighted in the preceding
sections. The basis of the EMCA, 1999 was anchored on the fact that the public should be
given effective access to judicial and administrative proceedings and further that it have
access to the judicial review of environmental decision making functions effectively.

4.1 Background to environmental management policies and laws


4.1.1 Sustainability

The principle of sustainability requires that natural resources should be utilized in a way
and at a rate that does not lead to the long-term decline of biological diversity, thereby
maintaining its potential to meet the needs and aspirations of present and future
generations. It strives for equity in the allocation of the benefits of development and
decries short-term resource exploitation which does not consider the long-term costs of
such exploitation.

4.1.2 Principle of intergenerational equity

The principle of sustainability should be examined together with that of intergenerational


equity, which focuses on future generations as a rightful beneficiary of environmental
protection. Essentially, the principle of intergenerational equity advocates fairness, so that
present generations do not leave future generations worse off by the choices they make
today regarding development. Its implementation requires the utilization of natural
resources in a sustainable manner while avoiding irreversible environmental damage.

4.1.3 Principle of prevention

The principle of prevention states that protection of the environment is best achieved by
preventing environmental harm in the first place rather than relying on remedies or
compensation for such harm after it has occurred. The reasoning behind this principle is
that prevention is less costly than allowing environmental damage to occur and then taking
mitigation measures.

4.1.4 Precautionary principle

The precautionary principle recognizes the limitations of science, as it is not always able
to accurately predict the likely environmental impacts of resource utilization. It calls for
precaution in the making of environmental decisions where there is scientific uncertainty.

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Accordingly, it is closely related to the principle of prevention and can be viewed as the
application of the principle of prevention where the scientific understanding of a specific
environmental threat is not complete. The precautionary principle thus requires that all
reasonable measures must be taken to prevent the possible deleterious environmental
consequences of development activities. Further, it demands that scientific uncertainty
should not be used as a reason for not taking cost-effective measures to prevent
environmental harm.

4.1.5 Polluter pays principle

The polluter pays principle requires that polluters of natural resources should bear the full
environmental and social costs of their activities. It seeks to internalise environmental
externalities by ensuring that the full environmental and social costs of resource utilization
are reflected in the ultimate market price for the products of such utilization. Since
environmentally harmful products will tend to cost more, this principle promotes efficient
and sustainable resource allocation as consumers are likely to prefer to the cheaper less
polluting substitutes of such products.

4.1.6 Principle of public participation

The principle of public participation seeks to ensure environmental democracy and


requires that the public, especially local communities should participate in the
environment and development decisions that affect their lives. It requires that the public
should have appropriate access to information concerning the environment that is held by
public authorities and should be given an opportunity to participate in decision-making
processes.

4.2 Policy framework


4.2.1 Environmental policy

The Kenya Government’s environmental policy aims at integrating environmental aspects


into national development plans. The broad objectives of the national environmental
policy include:

 Optimal use of natural land and water resources in improving the quality of the
human environment;
 Sustainable use of natural resources to meet the needs of the present generation while
preserving their ability to meet the needs of future generations;
 Integrate environmental conservation and economic activities into the process of
sustainable development;
 Meet national goals and international obligations by conserving bio-diversity,
arresting desertification, mitigating effects of disasters, protecting the ozone layer
and maintaining an ecological balance on earth.

4.2.2 National Environmental Action Plan Framework, 2009-2013

The National Environment Action Plan Framework is the second national environmental
policy after the 1994 National Environment Action Plan (NEAP). The development of
NEAP is provided for by EMCA, 1999 which requires preparation of Environmental

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Action Plan at different levels; district, provincial, and national levels. The framework
recognizes the intertwined linkages between economic growth and environment in Kenya.
It highlights priority themes and activities for the country towards achieving sustainable
environment.

The policy framework among others, proposes integration of environmental concerns into
regional and local development plans, promotion of appropriate land uses and enforcement
of EMCA, 1999 and its subsidiary and other relevant legislations. The policy framework
also advocates for efficient water harvesting, storage and usage. On human settlements
and infrastructure, this policy framework recognizes the associated environmental issues.
These include waste management, sanitation, diseases, land use changes in conservation
areas, demand for water, energy, construction materials, pollution, land degradation,
biodiversity loss, land and housing tenure, urban planning and design and electronic
wastes. In managing operations of the Rambara Company Ltd, consideration of the
highlighted issues is vital towards contribution to the national sustainable development
goals.

4.2.3 The Occupational safety and Health Policy

This Policy lays emphasis on continual development and implementation of the


Occupational Safety and Health systems and programs to reduce incidences of work
related accidents and diseases. In addition, it seeks to offer equitable compensation to
those who suffer physical injuries and contract occupational diseases. The Policy
addresses the current challenges, gaps and future development of safety and health systems
and programs in the country. It promotes basic principles of assessing occupational risks
or hazards; combating occupational risks or hazards at source; and developing a national
preventative safety and health culture that includes information, consultation, research and
training. The policy also promotes continuous improvement of occupational safety and
health by integrating Kenyan national laws and regulations with Regional Protocols, ILO
Conventions, ISO standards and the best practices in the world. It sets up mechanisms for
resource mobilization for occupational safety and health programs and activities and
provides guidance to all stakeholders in the development and implementation of
occupational safety and health systems and programs. Rambara Company Ltd is
committed to put in place occupational safety and health systems and programs to be in
tandem with the national policy.

4.2.4 The Kenya Vision 2030 and the “Big Four” Blueprint

The Kenya Vision 2030 is the national long-term development policy that aims to
transform Kenya into a newly industrialized, middle-income country providing a high
quality of life to all its citizens by 2030 in a clean and secure environment.

The Big Four is an economic blueprint that was developed by the government to foster
economic development and provide a solution to the various socio-economic problems
facing Kenyans. The four items that intended for delivery include Food Security and
Nutrition, Universal Health Care, affordable Housing and enhancing the Local
Manufacturing industry. Rambara Company Ltd will explicitly play a big role in
realization of two of the pillars namely Universal Health Care and affordable housing as
soon as it is completed.

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4.2.5 Sustainable Development Goals (SDGs)

MDGs are eight internationally-agreed goals for socio-economic development that


emphasize the following: elimination of extreme poverty and hunger; universal primary
education; gender equality; reduction in child mortality; improvement in maternal health;
lower HIV/AIDS and major disease incidence; environmental sustainability; and better
partnerships with international development partners. The facility has an opportunity to
contribute towards local achievement of some of these goals via employment
opportunities creation, corporate support to community initiatives and contribution
towards achieving environmental sustainability goal.

4.2.6 National Water Policy

The National Policy of Water which was promulgated in April 1999 as Sessional Paper
No. 1 of 1999 calls for decentralization of operational activities from the central
government to other sectors, including local authorities, the private sector and increased
involvement of communities in order to improve efficiency in service delivery. It also
tackles issues pertaining to water supply and sanitation facilities development,
institutional framework and financing of the sector. According to the policy, in order to
enable sustainable water supply and sanitation services, there is need to apply alternative
management options that are participatory through enhanced involvement of others in the
provision of these services but particularly the private sector.

The overall objective of the National Water Policy is to lay the foundation for the rational
and efficient framework for meeting the water needs for national economic development,
poverty alleviation, environmental protection and social well-being of the people through
sustainable water resource management.

4.3 Legal framework


4.3.1 NEMA

The National Environment Management Authority (NEMA) is the National body charged
with coordinating matters of implementation of policy issues relating to the environment.
This body was established under the Environmental Management and Coordination
(amendment) Act (EMCA), 2015. Other departments that deal with environmental issues
in the Sub County include Water Resources Authority (WRA), Lake Victoria
Environmental Management Project (LVEMP II), the Kenya Forestry Service, Kenya
Wildlife Services (KWS), National Construction Authority (NCA), County Government
of Kisumu, among others.

Rambara Company Ltd is committed to comply with all applicable legal provisions and
regulations which have been reviewed in the table below.

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Table 1: Relevant legal and regulatory requirements


Legislation/Regulation/ Provisions Compliance/Non-compliance
Standard
The Constitution of  Provides for the protection of the right to private property  Theproponent will ensure sound protection of
Kenya (2010)  Provides for the sound conservation and protection of ecologically sensitive the environment and any other ecological
areas sensitive receptor by installing pollution
 Supports the settlement of land disputes through recognized local community prevention technologies such as effluent
initiatives treatment and recycling plant.
 Gives powers to the state to regulate use of land
Environmental Ensure environmental protection during project implementation.  Rambara Company Ltd shall comply with
Management &  Environmental Impact Assessment EIA) EMCA and subsidiary regulations including
Coordination Act, 1999  Environmental Audit and Monitoring, Environmental Quality standards and best international practices;
(Amended 2015) and issuance of environmental protection orders  The proponent shall have Environmental
Subsidiary Regulations  Generation of sector related regulations Policy in place and employ an environmental
 Environmental Management and Coordination (Environmental Impact officer to oversee all environmental matters
Assessment and Audit) Regulations, 2003 during construction and operation of the Golf
- Waste Management Regulations - 2006 Course Development.
- Water Quality Regulations - 2006
- Wetlands, River Banks, Lake Shores and Sea Shore Management
Regulations - 2009
- Air Quality Regulations - 2014

Environmental  Provides for standards for handling, transportation and disposal of various  The proponent shall contract a NEMA
Management and Co- types of wastes including hazardous wastes. registered waste disposal agent to dispose
ordination (Waste appropriately its solid waste;
Management)  The proponent shall pave and install oil water
Regulations 2006 interceptor in active operation area such as the
parking areas.

Environmental (Impact  No proponent shall implement a project if it is likely to have a negative  The Proponent is carrying out the ESIA for
Assessment and Audit) environmental impact; or for which an environmental impact assessment is NEMA review and licensing and shall carry
Regulations, 2003 required under the Act or these Regulations unless an environmental impact successive Environmental Audits at the facility
assessment has been concluded and approved in accordance with these to identify new potential environmental
regulations. impacts associated with the future operations
 No licensing authority under any law in force in Kenya shall issue a of the Golf Course Development.

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
license for any project for which an environmental impact assessment is
required under the Act unless the applicant produces to the licensing authority
a license of environmental impact assessment issued by the Authority under
these Regulations

EMCA (Water Quality)  Every person shall refrain from any act which directly or indirectly causes, or  The proponent shall install Waste water
Regulations, 2006 may cause immediate or subsequent water pollution, Treatment and recycling Plant for pre-cleaning
 No person shall throw or cause to flow into or near a water resource any liquid, and recycling of Waste water from the Golf
solid or gaseous substance or deposit any such substance in or near it, as to Course Development.
cause pollution.  The facility shall apply for a valid Effluent
 No person shall Discharge License from NEMA for its Waste
 (a) Discharge, any effluent from sewage treatment works industry or other water treatment plant once it is operational.
point sources without a valid effluent discharge license issued in accordance
with the provisions of the Act;
 (b) abstract ground water or carry out any activity near any lakes, rivers,
streams, springs and wells that is likely to have any adverse impact on the
quantity and quality of the water, without an environmental impact
assessment license issued in accordance with the provisions of the Act;

EMCA (Wetlands, A person shall not engage in any activity that may-  The nearest sensitive receptor is the adjacent
River Banks, Lake  have an adverse impact on any ecosystem; Lake Victoria and no raw waste water shall be
Shores and Sea Shore  lead to the introduction of any exotic species; released back to the Lake from the Golf Course
Management)  lead to unsustainable use of natural resources, Development.
Regulations, 2009 Without an Environmental Impact Assessment License issued by the Authority
under the Act.

Environmental  Provides for ambient air quality tolerance limits.  Rambara Company Ltd shall sponsor tree
Management and  Prohibits air pollution in a manner that exceed specified levels. planting exercises within and around the
Coordination (Air  Provides for installation of air pollution control systems where pollutants premises to counter air pollution as a result of
Quality) Regulations, emitted exceed specified limits. the activities due to their operations.
2014  Provides for the control of fugitive emissions within property boundary.
 Provides for the control of vehicular emissions.
 Provides for prevention of dispersion of visible particulate matter or dust from
any material being transported.

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
 Provides for acquisition of an emission license.

Land Act 2012 Promote Land Conservation including and need to prepare EMP:  The proponent is the registered title holder and
 Conservation of ecologically sensitive public land shall ensure that he complies with the current
 Conservation of land based natural resources environmental laws in order to protect the land
 submit an EMP pursuant to existing law on environment from any form of pollution.

Physical and Land Use  The government, at both national and county level, is tasked with the  The proponent will forward plans to the
Planning Act, 2019 preparation of physical and land use plans. The national, county, inter- respective offices for approval and obtain
county and local plans are required to be integrated, and these plans shall development approvals from the County
collectively form the basis of how land is to be used in Kenya. Department of Physical Planning
 County governments to control development in their respective counties. All
applications for development permission shall be made in the relevant
county.
 Development permission must be sought prior to undertaking any
development. A developer who does not obtain such prior permission risks
criminal sanctions and demolition of the unapproved works.
 Members of the public are given the opportunity to give their views and raise
objections to various matters e.g. the suitability of the national and county
plans.
 The Act lists developments that require development permission. In this
regard, developments such as subdivision, amalgamation, change of user,
extension of user, extension of lease and approval of building plans require
development permission to be issued by the relevant county government.
 Processing of easements and wayleaves require express development
permission, as siting of educational institutions, base transmission stations,
petrol stations, eco lodges, campsites, power generation plants and factories.
 Development permission in respect of commercial and industrial use is a
pre-requisite for other licensing authorities granting a licence for a
commercial or industrial use, or occupation of land.
The Public Health Act  No person shall cause a nuisance or shall suffer to exist on any land or  Housekeeping within the site shall be well
(Cap 242) premises owned or occupied by him or of which he is in charge any maintained in all the operation areas including
nuisance or other condition liable to be injurious or dangerous to health. compliance with the Ministry of Health Covid-
 It shall be the duty of every health authority to take all lawful, necessary and 19 Protocols by providing hand washing
reasonably practicable measures for preventing or causing to be prevented or stations and notices to both the employees and

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
remedied all conditions liable to be injurious or dangerous to health arising visitors to keep social distances and put on face
from the erection or occupation of unhealthy dwellings or premises masks at all times within the facility.
 Sanitary conveniences shall be provided to the
employees during construction and operation of
the Golf Course Development;
 The proponent will sensitize the community on
the importance of environmental management
and carry out HIV/AIDS awareness programs
within the community

The Occupational Safety  Provides that every occupier shall ensure the safety, health and welfare at  The facility has recently carried out
and Health Act, 2007 work of all persons working in his workplace occupational health and safety audit, fire safety
 Provides that the architectural plans of the Golf Course Development be audit, risk assessment and is in the process of
approved by the Directorate of Occupational Safety and Health Services before implementing the recommendations.
construction activities commence. In approving the plans Directorate of  The proponent shall ensure that firefighting
Occupational Safety and Health Services will among other requirements ensure equipment are present and strategically placed
that: within the facility including a standby fire
- Prescribed dimensions with regards to distance of floor to engine;
ceiling of every workroom is upheld  First Aid kits shall be made available in every
- Space defining machine layout for intended use by operators department and training on first aid done;
will be within statutory limits  Fire assembly points shall be marked where the
visitors and employees can gather for briefing
- Emergency exits are provided for and are designed to open in in case of a fire;
accordance to statutory requirements
 There shall be provided clear and demarcated
- Sanitary conveniences are provided for with adequacy as to emergency exits within the facility;
number of intended employees and are designed to have  An ambulance shall be on standby in the
separate approaches eventuality of an emergency;
- First aid facilities like first aid room(s) are provided for,  Provision of PPEs shall be made mandatory
- There is provision for accommodation for clothes not worn within the facility.
during working hours  Application for site registration will be done as
- There is provision for adequate ventilation soon as construction commences and
registration of the facility shall follow when the
- There is provision for storage of firefighting water storage tank facility starts operations.
with a capacity of at least 10,000 litres
 Safety and health committee shall be formed
 Provides that before any person occupies or uses any premises as a
when the facility is operational
workplace, he shall apply for the registration of the premises

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
 Provides that workplace shall be of sufficient size for work to be carried out  Safety signs shall be erected and posted as
with ease and shall further have the necessary free space and, having regard appropriate when the facility is operational.
to the nature of the work, an adequate amount of air for each employee, the
minimum permissible being ten cubic metres per person
 Provides that an occupier shall ensure that effective and suitable provision is
made for securing and maintaining, by the circulation of fresh air in each
workroom, the adequate ventilation of the room
 Provides that an occupier shall ensure that effective provision is made for
securing and maintaining sufficient and suitable lighting, whether natural or
artificial, in every part of his workplace in which persons are working or
passing
 Provides that sufficient and suitable sanitary conveniences for the persons
employed in the workplace shall be provided, maintained and kept clean, and
effective provision shall be made for lighting the conveniences; and, where
persons of both sexes are or are intended to be employed (except in the case
of workplaces where the only persons employed are members of the same
family dwelling there), such conveniences shall afford proper separate
accommodation for persons of each sex
 Provides that every steam boiler, lifting appliance, air receiver, refrigeration
plant, steam receiver and all its fittings shall be thoroughly examined by an
approved person, so far as the construction of the plant permits at prescribed
intervals.
 Provides that where work has to be done inside a confined space in which
dangerous fumes are liable to be present, a permit to work has to be issued
and the confined space shall be provided with adequate means of egress and
ingress.
 Provides that in every workplace or workroom, there shall be provided and
maintained, and conspicuously displayed and free from any obstruction so as
to be readily accessible, suitable means for extinguishing fire.
 Provides every workplace there shall be provided and maintained safe plants
and systems during its operational phase.
 Provides for every workplace there shall be ensured absence/elimination of
risks.
 Provide for every workplace to ensure provision of information to employees
to ensure safety and health.

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
 Provides that every workplace carries out workplace risk assessment and send
a copy of the risk assessment to the Directorate of Occupational Safety and
Health Services (DOSHS).
 Provides for preparation of a safety & health policy and submission of a copy
to the Directorate of Occupational Safety and Health Services
 Provides for prevention of environmental pollution
 Provides for notification of accident occurrence, cases of occupational diseases
and dangerous occurrence to DOSHS
 Provides that no employee is discriminated against by virtue of:-
- Lodging a complaint about an unsafe condition at the
workplace
- Being an active member of a health safety committee.
 Provides for establishment of a health and safety committee whose
composition should be in accordance to the Factories (Health and Safety
Committees) Rules L.N. 31of 2004.
 Provides for carrying out workplace health and safety as well as fire safety
audits on an annual basis.

Safety & Health The Legal Notice provides for functions and duties of the health and safety  Safety and health committee shall be formed
Committee Rules, 2004 committee, the purpose of meetings and recording minutes, and the roles of the and trained when the facility is operational
Legal Notice No. 31 office bearers. It further describes the duties of the occupier and those of the
Health and Safety Adviser.
Among other items, the rules provide that:
 The occupier of every workplace shall establish a health and safety
committee;
 The committee shall consist of safety representatives from the
management and the workers;
 The Golf Course Development occupiers shall appoint a competent
person from the management staff to be responsible for safety, health
and welfare in the Golf Course Development or workplace; and the
person appointed shall be the secretary to the committee.
 Every member of the Health and Safety Committee shall undertake a
prescribed basic training course in occupational health and safety within

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
a period of six months from the date of appointment or election, and
thereafter further training from time to time.
Fire Risk Reduction The Rules provides that an employer/occupier having flammable substances  Fire assembly points shall be marked where the
Rules, 2007 Legal must have fire resistant facility. The occupier to store highly flammable visitors and employees can gather for briefing
Notice No. 59 in case of a fire;
substances in fixed storage tanks, closed vessels, cupboards except for vehicles
 There shall be provided clear and demarcated
transporting the same. Flammable materials have to be kept in separate labeled emergency exits within the facility;
stores. In go-downs, the employer has to maintain a distance of at least 80 cm  The facility has recently carried out fire safety
wall gangway between the walls and stack of goods. audit, risk assessment and is in the process of
Every employer is required to maintain good ventilation to allow exit of implementing the recommendations.
flammable fumes, maintain good housekeeping, maintain good electrical fittings,
provide and maintain fire exits, form and train firefighting teams, conduct fire
drills yearly, designate an assembly point, provide and maintain first aid
facilities, post fire safety notices, install fire detectors, provide and maintain
firefighting appliances, conduct an annual fire safety audit and formulate a fire
safety policy.

Hazardous Substances The rules provide that where hazardous substances are handled, washing  The facility will carry out occupational hygiene
Rules, 2007 Legal facilities be provided, protective clothing be kept separate from personal measurements and surveys which inform the
Notice No. 60 process of implementing the recommended
clothing, separate clean and dirty changing rooms be maintained, proper
measures.
maintenance and testing of engineering controls be done after every 2 years and
a report submitted to DOSHS, protection against radioactive, carcinogenic,
mutagenic or teratogenic be provided, Material Safety Data Sheets (MSDS) be
availed in respect of chemicals handled, correct disposal of hazardous chemical
substances be done, containers of hazardous substances be labeled, workers be
trained on hazards associated to hazardous substances handled and air monitoring
and measurements be done after every 12 months by an air quality monitor.

First Aid Rules, 1977 These rules provide for first-aid box content with respect to size of a workplace  First Aid kits shall be made available in every
Legal Notice No. 160 and under whose charge the first-aid box should be placed. department and training on first aid done;
 An ambulance shall be on standby in the
eventuality of an emergency;

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard

Eye Protection Rules The rules provide for eye safety in workplaces. Processes where eye  Provision of PPEs shall be made mandatory
legal Notice No. 44 of protection is required include blasting, cleaning, chipping, metal cutting, arc within the facility.
1978  Safe procedures and programmes will be
welding, abrasive wheel use (grinding).
provided to the workers

Electric The rules provide for electrical safety with regards to electrical power  Provision of PPEs shall be made mandatory
Power(Special) Rules, installations, use and handling. These rules apply to generation, transformation, within the facility.
1979 Legal Notice No.  Only qualified personnel will be allowed to
conversion, switching, controlling, regulating, distribution and use of electricity.
340 handle activities that involve electric power.

Building Operations These rules provide for the safety, health and welfare of workers in construction During the construction phase, the contractor will
and Works of sites relating to building operations and works of engineering construction be expected to ensure safety, health and welfare of
Engineering undertaken by way of trade or business, or for the purpose of any industrial or workers and all persons lawfully present at the
Construction Rules, commercial undertaking, and any line or siding which is used in connection construction site.
1984 Legal Notice No. therewith and for the purposes thereof. The rules apply whether the building
40
operations and works of engineering construction undertaken by or on behalf of
the Government or a public body or private developer.

Medical Examination The rules apply to workplaces of classified hazards. Every employer has to  During the construction phase there will be
Rules, 2007 Legal ensure medical examination of workers in the workplaces of classified hazards. noise emission, exposure to dusts and fumes
Notice No. 24 (cement, soil, welding fumes etc) and
exposure to musculoskeletal hazards.
 During the operational phase there will be
noise emission, exposure to dusts and fumes,
exposure to musculoskeletal hazards.
 Statutory medical examination on the
workers exposed will be mandatory.
Noise Prevention and The rules provide that ‘No worker shall be exposed to noise level excess of  Provision of PPEs shall be made mandatory
Control Rules, 2005. the continuous equivalent of 90 dB(A) for more than 8 hours within any 24 within the facility.
Legal Notice No. 25  Medical examinations and surveillance will be
implemented at the facility

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
hours duration’. They further provide for protection from exposure to high  Noise measurement and survey will be done at
noise levels. the facility

Work Injury Benefits This law provides for compensation to employees for work-related injuries  The employer will have an insurance cover for
Act, No. 17 of 2007 and diseases contracted in the course employment and for connected the facility to cater for compensation of injuries
purposes. sustained by employees while at work
The Water Act, 2016 and  Protection of surface and groundwater resources;  The riparian area for the proposed project land
The Water Resources  Protection of water catchments; was established from the highest flood level and
Management Rules,  Empower Water Resources Authority (WRA) to impose management demarcated using newly installed Beacons on
2007 controls on land use falling under riparian land; 6th January 2022 by WRA.
 Provides that a permit shall be required for any use of water from a water  The Golf Course Development shall abstract
resource, especially where there is abstraction and use of water with the water from the onsite borehole and shall obtain
employment of works. water abstraction permit from WRA.

The County  Enforcing protection of trees and other vegetation in urban centres  The Golf Course Development shall work in
Governments Act 2012  Approval of development designs before construction can begin liaison with the County Government to ensure
 Enforce orderly development in an urban setting compliance with land use requirements within
the county and obtain the necessary licenses and
permits.

Employment Act 2007  The act stipulates that no person shall use or assist any other person, in using  The Golf Course Development shall be a source
forced labour. of employment for many workers of both
 No employer shall discriminate directly or indirectly, against an employee or gender and diverse cultural backgrounds.
prospective employee or harass an employee or prospective employee on the
following grounds; race, colour, sex, language, religion, political or other
opinion, nationality, ethnic or social origin, disability, pregnancy, mental
status or HIV status.
 An employer shall pay his employees equal remuneration for work of equal
value.
Sustainable  Sustainable Development goals which were initiated by world leaders in 2015  The proposed project will contribute towards
Development Goals as an advancement of the Millennium Development Goals (MDGs) provide alleviating rural poverty by increasing means of
(SDGs) concrete, numerical benchmarks for tackling extreme poverty in its livelihood through employment and small scale
many dimensions. The SDGs also provide a framework for the entire businesses. The ESIA study will ensure that the
international community to work together towards a common end making proposed project reflects Environmental

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Legislation/Regulation/ Provisions Compliance/Non-compliance


Standard
sure that human development reaches everyone, everywhere. If these goals Sustainability especially during the time of
are achieved, world poverty will reduce by half, tens of millions of lives will construction and implementation.
be saved, and billions more people will have the opportunity to benefit from
the global economy.

 Goals 6, 7, 13 and 15 of the SDGs revolve around ensuring Environmental


Sustainability. The goals highlight on;
 Ensuring availability of sustainable management of water and
sanitation for all ;
 Ensuring a clean and more sustainable supply of water within related
watersheds;
 Ensuring access to affordable, reliable, sustainable and modern energy
for all;
 Combating climate change through the reforestation of degraded and
degrading landscapes where by reforestation helps in strengthening
community resilience to climate change ;
 Protecting, restoring and promoting sustainable use of terrestrial
ecosystem, sustainably manage forests, and
 Combat desertification and halt and reverse land degradation, and halt
biodiversity loss.

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4.4 International Conventions and Treaties


A treaty is a binding agreement under International Law concluded by subjects of
International Law, namely states and international organizations. Treaties can be called by
many names including; International Agreements, Protocols, Covenants, Conventions,
Exchanges of Letters, Exchanges of Notes, etc.

Treaties can be loosely compared to contracts; both are means of willing parties assuming
obligations among themselves, and a party that fails to live up to their obligations can be
held legally liable for that breach. The central principle of treaty law is expressed in the
‘maximpactasuntservanda', translated as "pacts must be respected."

Kenya has ratified the following international conventions.

4.4.1 United Nations Framework Convention on Climate Change

The landmark United Nations Framework Convention on Climate Change (UNFCCC)


was opened for signature at the 1992 United Nations Conference on Environment and
Development (UNCED) conference in Rio de Janeiro (known by its popular title, the Earth
Summit). On June 12th 1992, 154 nations signed the UNFCCC, that upon ratification
committed signatories' governments to a voluntary "non-binding aim" to reduce
atmospheric concentrations of greenhouse gases with the goal of "preventing dangerous
anthropogenic interference with Earth's climate system." These actions were aimed
primarily at industrialized countries, with the intention of stabilizing their emissions of
greenhouse gases at 1990 levels by the year 2000; and other responsibilities would be
incumbent upon all UNFCCC parties. The parties agreed in general that they would
recognize "common but differentiated responsibilities," with greater responsibility for
reducing greenhouse gas emissions in the near term on the part of developed/industrialized
countries, which were listed and identified in Annex I of the UNFCCC and thereafter
referred to as "Annex I" countries.

4.4.2 Kyoto Protocol

According to a press release from the United Nations Environment Programme:


"The Kyoto Protocol is an agreement under which industrialized countries will reduce
their collective emissions of greenhouse gases by 5.2% compared to the year 1990 (but
note that, compared to the emissions levels that would be expected by 2010 without the
Protocol, this target represents a 29% cut). The goal is to lower overall emissions of six
greenhouse gases - carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, HFCs,
and PFCs - calculated as an average over the five-year period of 2008-12. National
targets range from 8% reductions for the European Union and some others to 7% for the
US, 6% for Japan, 0% for Russia, and permitted increases of 8% for Australia and 10%
for Iceland."

It is an agreement negotiated as an amendment to the UNFCCC, which was adopted at the


Earth Summit in Rio de Janeiro in 1992. All parties to the UNFCCC can sign or ratify the
Kyoto Protocol, while non-parties to the UNFCCC cannot. The Kyoto Protocol was
adopted at the third session of the Conference of Parties (COP) to the UNFCCC in 1997
in Kyoto, Japan.

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5. PUBLIC CONSULTATION AND PARTICIPATION

5.1 Overview
The proposed project facilities will mainly serve the public and the local people. Therefore
it is imperative that the beneficiaries are involved in the project feasibility, planning,
implementation and operation stages. In view of these, the ESIA team adopted a
participatory approach during the study noting that stakeholders’ participation in Kenya is
entrenched in the constitution, several legal instruments and international instruments to
where Kenya is a party.

5.2 Legal Requirement for Public Participation


5.2.1 The Constitution of Kenya

Public participation is entrenched in several articles across the Kenya constitution 2010.
Article 6 provided for devolution and access to services. Responsibilities in major
decision-making process have been bestowed to the public (in the bill of rights, articles
118, 174, 196 and 201). The constitution further in article 21 section 3 requires
safeguarding the rights and interests of marginalized groups for equity in public service
provision. This can be effectively achieved through active involvement of such groups in
decision making process at all levels. Hence need to involve the local people in the project
area in studies, design and implementation of the proposed project facilities.

5.2.2 Environmental Management and Coordination Act, 1999

Section 17 of the Environmental (Impact Assessment and Audit) Regulations of 2003


requires that all ESIA studies incorporate consultation with the public during the entire
study process. The aim of public consultation in the project were to ensure that all
stakeholders’ issues and concerns in the proposed facilities are identified and their opinion
considered during project planning, design, implementation, operation and
decommissioning phase.

5.2.3 County Government Act 2012

Public participation is integral in Kenya’s development process as set out in the


decentralized system of governance. The county government Act which sets out the service
delivery procedure of county governments, has recognized local people involvement in
decision making as key to governance. The Act in part VIII stipulates the principles of
citizen participation and in part IX it guarantees the citizens‟ right to public
communication as well as access to information. To ensure that there is optimal
participation, the Act provides for civic education in part X to build the capacity of local
people. Therefore meaningful public consultation is significant during planning,
implementing and operation of development projects hence the need for such consultations
for the proposed development in Kisumu County.

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5.2.4 International Convention (Aarhus Convention 1998)

The Aarhus Convention on Access to Information, Public Participation in Decision-


making and Access to Justice in Environmental Matters entered into force on October
2001. The Convention grants the public rights regarding access to information, public
participation and access to justice, in public decision- making processes on matters
concerning the local, national and trans-boundary environment. It focuses on interactions
between the public and public authorities.

5.3 Objectives of Public Consultations


Public participation is not a one off event but a process throughout the project cycle that
requires regular consultations. In regard to the preceding observation, the proposed project
involved stakeholders’ participation with the following objectives;

 Disseminate and inform the project stakeholders about the proposed project, its key
components and activities, location and expected impacts with particular attention to
potentially affected persons;
 Create awareness among the public and stakeholders on the need for the ESIA for
the proposed project and its due process;
 To obtain information about the needs, concerns, comments, suggestions and
priorities of the local people as well as their general reactions to proposed project
activities;
 To obtain the cooperation and participation of the key stakeholders, affected
persons and local communities in activities that were required to be undertaken for
designing, implementing and operating of the proposed project or development of
the project facilities;
 Create a sense of ownership, capacity build and ensure transparency in all activities
related to the project including but not limited to designing, planning, implementing,
environmental management, operation, monitoring and evaluation of the project by
all key stakeholders; and
 To establish a clear communication channel, easily accessible and effective grievance
procedure between the public, consultant team, the project proponent and the Kisumu
County Government.

5.4 Consultation Process


Legal Notice of 101 of June 2003 requires that all environmental and social assessment
process in Kenya to incorporate Public Consultation. This a requirement informed by
awareness that development and implementation of projects can occasion diverse impacts
on stakeholders who should consequently be informed appropriately following which they
can make informed decision to the proposed development. It is also important to ensure
that all stakeholder interests are identified and incorporated in project development,
implementation and operation and, against such background, consultation was undertaken
far and wide both within the project area and outside with the following objectives; -

i. To disclose the Study to both primary, secondary and other stakeholders;


ii. To obtain the reaction/comments/concerns of all stakeholders so as to understand their
perceived view of the proposed project and assess the extent to which their views need
to be taken into account. This is important as it helps to ensure that important social

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issues are not overlooked and there is ownership from the communities in all the
project areas;
iii. Improve project design by incorporating their views, thereby, minimize conflicts and
delays in implementation;
iv. Increase long term project sustainability and ownership of the project;
v. Identify local leaders with whom further dialogue can be continued in subsequent
stages of the project.

5.5 Tools used in stakeholder and public consultations


5.5.1 Public Consultation Meetings
PCMs – The Consultant in collaboration with the national government led by the area
Chief carried out public participation on the proposed Golf Course Development project.
The meetings were held at the project site on two different days, one during the project
report level on 4th November 2021 and the other one during the full study level on the 18th
February 2022. In their consultations, the community sensitization meetings targeted in
general all community members within the project area.

Plate 2: PCM on 4th November 2021 at the proposed project site

During the meetings, Rambara Company Ltd representative and the consultants explained
the salient features of the project including geographical scope, infrastructure, expected
benefits that were cross-checked with the communities and environmental aspects. The
community members were given an opportunity to air their views and bring out the issues
that were of concern to them. The meetings addressed the following topics: Overview of
the project; possibility of domestic water supply; socio-economic aspects including
anticipated project benefits; community participation in the project; natural resources
including water, land and environmental and social issues including likely negative
impacts and the proposed mitigation measures.

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5.6 Views Expressed


The various stakeholders expressed their views freely and passionately during the sessions
mentioned above. The views were largely expressed verbally. However, some
questionnaires for the socio-economic survey were also filled by respondents.

5.7 Public Participation findings


5.7.1 Positive impacts

 Creation of employment for the local community members during and after
construction
 Will lead to increase in income generation
 Will foster formation of new businesses
 Tourism boost within the region
 Infrastructure improvement in the area

5.7.2 Negative impacts

 Displacement of riparian wildlife


 Accessibility to the lake would by the local community will be limited
 Fishing along the shoreline will be affected
 Possible pollution of the lake water

5.7.3 Recommendations

 Alternative water access such as borehole water for the community should be
explored. However the proponent promised to supply the community and the local
primary school with borehole water;
 Carry out financial literacy for the community to impact them on how to handle
money;
 The proponent to collaborate with the local administration to employ more youth
within the project.

The meeting minutes capturing the respondents views/opinions and suggestions are
attached to this study report.

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6. ENVIRONMENTAL IMPACTS AND MITIGATION


MEASURES

This chapter presents an assessment of environmental impacts from the planned project
design and activities, and proposes mitigation and management measures to prevent and
control these impacts.

The environmental impact assessment and analysis was done using a number of methods
and tools. While identifying impacts, a checklist was used. This indicated all possible
impacts that would accrue from implementation of this project.

6.1 Legal and regulatory compliance


The national laws and regulations relevant to the development and their relevance to the
process project have been discussed.

6.2 Construction and Equipment installation


Key aspects to be considered during construction are:

 Procurement of construction materials;


 Installation of services and interiors of the buildings;
 Use of heavy and light machinery;
 Energy utilisation, major energy consuming activities include:
 Lighting;
 Excavation;
 Transportation;
 Hauling and hoisting of materials;
 Mixing raw materials;
 Waste handling trucking and disposal;
 Testing and commissioning of the development.
 Energy sources for these activities include grid electricity and diesel or petrol
fuel for machinery/vehicles.
 Water utilisation, including use for the following activities:
 Washing of machinery and equipment;
 Preparing of mixtures, including water based emulsion paints;
 Concrete works, including curing;
 General cleaning;
 Landscaping;
 Controlling dust on site;
 Domestic utilisation (sanitary facilities).
 Construction waste will include the following:
 Timber from used formwork;
 Paints, lubricants and petroleum wastes;
 Containers, cement paper bags and other packaging materials;
 Metal, glass, plastic containers and other unwanted materials.
 Socio-economic effects;
 Labour;
 Security;

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 Transport.
 Archaeological findings and aesthetics.

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Table 2: Summary of impacts and mitigation during construction and installation


Activity Anticipated Impact Recommended Mitigation Measures
Procurement of  Natural resource  The tender documents should specify required standards and certification for procurement of
construction materials: depletion if not all materials and appliances;
rationally done through  All construction materials should be from approved sources; for example, hardstone for
activities such as building should be obtained from bona fide commercial quarries;
quarrying, mining,  As far as possible, environmentally friendly and sustainable materials should be used.
timber logging.  Materials not to be used for construction of the buildings include:
 High alumina cement;
 Wood wool slab in permanent formwork to concrete;
 Calcium silicate bricks or tiles;
 Asbestos in any form;
 Asbestos substitutes or any naturally occurring or man-made mineral fibers;
 Lead, lead paint or any other materials containing lead which may be inhaled, ingested
or absorbed; Vermiculite, unless it is established as being fiber-free;
 Any products containing cadmium that are regarded as being injurious substances;
 Any other substances regarded as being deleterious building materials which are not
in accordance with statutory requirements or with current accepted good building
practice at the time of specification or construction.
 The Project Manager should ensure that the Contractors are instructed in the use of all
 materials that may have negative environmental (including health) effects;
 If any material or substance is used that is at any point in the future deemed to be deleterious
to health, then it must be replaced with an acceptable alternative.
Building works:  Health and safety risk  Adhere to safety regulations outlined in the County Government Adoptive by-laws, Building
from accidents and Code and the Building Operations and Works of Engineering Construction
incidents; Noise,  The Project Manager should ensure strict safety management through close attention to
vibrations and dust. design, work procedures, materials and equipment;
 Schedule noisy construction
 Develop a site safety action plan detailing safety equipment to be used, emergency
procedures, restrictions on site, frequency and personnel responsible for safety inspections
and controls;
 All workmen should be provided with personal protective equipment (e.g. dust masks, ear
muffs, helmets, overalls, industrial boots, harnesses, etc);

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Activity Anticipated Impact Recommended Mitigation Measures


 There should be regular site reporting on health, safety and environment (HSE) issues by an
appointed HSE representative, daily site inspections should be done to ensure safe work
practices are adhered to;
 All injuries that occur on site must be reported recorded in the accident registers and
corrective actions for their prevention be instigated as appropriate;
 Statistical records on accidents and incidents should be collated and analyzed on a monthly
basis and forwarded to the Project Manager and / or displayed on the notice boards;
 Site personnel should be encouraged to report “near-miss incidents” in order to avoid
potential problems and increase safety awareness.
 Safety signage should be erected and adhered to at the site
Energy utilization:  Energy consumption.  Develop an energy management plan;
 Construction machinery and vehicles should be maintained and used in accordance with
manufacturer’s specifications, to maximize efficiency and lower use of energy, e.g. drivers
of construction vehicles should be instructed not to leave them idling for extended periods;
 Construction workers should be sensitized on the importance of energy management.
Water Utilization  Water consumption;  Monitor water consumption and utilization;
Hygiene and  Sensitize construction workers on the importance of proper water management;
sanitation challenges.  All wastewater should be drained into approved drainage facilities.

Waste production:  Littering, soil and  The tender documents should specify the proper disposal of waste during construction and
surface water should also ensure that the Contractor leaves the site in a clean and safe condition on
pollution potential. completion of the Works;
 The Contractor should be required to restore and landscape all areas to the satisfaction of
the Project Manager;
 All solid waste generated during construction should be collected, stored, and taken away
for disposal;
 There should be controlled use of raw materials;
 Procedures for handling of special wastes, such as waste fuel oil, should be specified;
 Comply with guidelines on solid waste disposal and Waste Management Regulations 2006.

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Activity Anticipated Impact Recommended Mitigation Measures


Influx of construction  Proliferation of  Develop a catering program on site for construction staff;
workers into the informal kiosks in  Provide transportation for the workforce to and from the site.
area: the area;
 Increase in transport
demand.
Construction traffic:  Disruption of local  The Contractor should plan itineraries for site traffic.
traffic;
 Potential for
accidents.
Archaeological  Destruction of natural  In the event of an archaeological finding, the Contractor should secure the location ‘as is’
findings: heritage /loss of and immediately call the National Museums of Kenya’s Archaeology Section.
archaeological
findings.

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6.3 Operation Stage


The key environmental issues during commissioning and operation are as follows:

 Water supply and consumption;


 Energy consumption and management;
 Effluent Management
 Solid waste management;
 Property management;
 Transport & security;
 Health and safety;
 Noise.
 Oil and fuel spillage on soils or highways

6.3.1 Operational Phase Negative Impacts

1. Increased pressure on infrastructure – Stressed up service provision

The additional facility will lead to increased pressure on existing infrastructure such as
roads, ground water abstraction, etc. due to the increased number of users. In turn, this may
directly translate into increased use of facilities and services.

Recommended Mitigation Measures

a. Relevant authorities such as the Kenya Power and Lighting, WRA should be informed
of the capacity of the facility;
b. The proponent will install water-conserving automatic taps and toilets, as well as
energy saving electrical fittings to optimize use of public resources;
c. Water leaks through damaged pipes and faulty taps will be fixed promptly by qualified
staff.
d. Occupants of the facility should be sensitized to use water efficiently.

2. Pollution – Environmental Degradation

Possible pollution may impact on alteration of soil structure by contaminations from


introduced materials, waste water contamination, air pollution as well as noise levels from
various sources within the premise.

a. Solid waste generation

Once the proposed project is completed and operational, they are expected to generate a
large amount of solid waste on a daily basis whose composition will be dominated by
organic waste.

b. Impacts may also result from improper sitting, inadequate design and poor
operation of waste disposal facilities.

Recommended Mitigation Measures

a. Clearly designate and construct an appropriate waste collection facility or provide


covered refuse skips;

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b. Use only NEMA licensed waste transport vehicles to transport waste materials;
c. Maintain a proper waste tracking document; and
d. Ensure adequate fire warning, response and management systems are installed.

c. Wastewater management

There will be an onsite wastewater treatment plant at the site. The EMCA Water Quality
Regulations of 2006 requires all facilities that discharge any effluent to the environment
to obtain an Effluent Discharge license and to continuously monitor the discharge. The
fourth schedule of the Water quality regulations gives a guide on the quality parameters
which should be monitored for different types of effluents.

Recommendations

 Incorporate Wastewater treatment plant within the facility;


 Apply for effluent discharge license from NEMA on time;
 Install a water meter to measure the amount of wastewater released from the Golf
Course Development on daily basis;
 Carry out an analysis of the composition of the effluent through a NEMA registered
laboratory;
 Continuously monitor the discharge as per the regulations.

3. Increased traffic flow – Unnecessary congestion

An increase in the number of vehicles within the area is anticipated which may lead to
congestion and pose a threat to accidental occurrences.

Recommended Mitigation Measures

 In case of heavy traffic, an attendant should be employed to direct vehicles during


peak periods.

4. Drain blockages – Back flooding

Poor surface drain management or large amounts of effluents may lead to blockage of
drains which in turn could result to flooding and unsanitary conditions within the
neighborhood. Blocked drains produce bad odour and are a threat to general health, hence
are environmentally unfriendly.

Recommended Mitigation Measures

 The proponent should ensure that there are adequate means of handling the large
quantities of sewage generated at the facility;
 It will also be important to ensure that septic pipes are not blocked or damaged since
such occurrences can lead to release of the effluent, resulting in land and water
contamination.
 Such blockages or damages will be fixed expeditiously

5. Vector and rodents breeding grounds – Vulnerability to diseases

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If the project does not have well designed storm water drains, the rain water may end up
stagnating or intruding neighbouring facilities and hence creating conducive breeding
areas for mosquitoes and other water based vectors leading to human diseases like malaria.
Poor solid waste management practices may also lead to breeding grounds for pests such
as rats and other scavenging animals.

Recommended Mitigation Measures

 The design of the construction should ensure that no space for stagnant water will be
retained;
 A well maintained trash collection point should be set aside;
 The proponent should put in place efficient storm water and waste management
systems that will prevent the accumulation of rain water and uncontrolled waste, as
well as an efficient collection system and recycling;
 Proper monitoring of the premise should be effected for maintenance of health and
hygiene.

6. Electricity consumption – pressure on supply

The project shall consume large amount of electricity due to activities that will take place
once the project is complete. The Golf Course Development will consume mostly power
from the national grid.

Recommended mitigation measures:

 Maximize the contribution of daylight to reduce use of artificial lighting in the


buildings;
 Select the most efficient lighting system design and minimum lighting level
appropriate for the required application;
 Install energy saving appliances;
 Select the most effective lighting controls for optimal operating efficiency and
minimum energy wastage.
 Develop an energy management plan.

7. Water supply and consumption

Water for the project shall be extracted from the existing borehole that has been drilled on
site after obtaining abstraction permit from WRA.

Recommended mitigation measures:

 Monitor water consumption;


 Install internal water meters;
 Manage consumption rigorously.
 Installing plumbing fittings, appliances and devices to optimise water use efficiency;
 Recycling of wastewater to reduce water consumption.

8. Oil and fuel Spillage

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Oil and fuel spillage not only contribute to accidents but can also damage the soil or water
bodies. People handing machinery must be trained on safe practices and proper repair and
maintenance to avoid such mishaps.

9. Safety and Health hazards

During operation the use of machinery pose mechanical hazards such as accidental cuts
and bruises. There will be storage of flammable liquids such as fuels and lubricants, which
at some point will be stored at the workplace for use in vehicles and machines. Leakage,
spillage or poor handling of such substances may result in fires that may cause considerable
losses in terms of injury to persons and damage to property. Noise levels from the
occasioned by use of machinery may pose health hazards also.

Recommended mitigation measures:

 Regular maintenance and use of machinery safeguards i.e. machine fencing and
guarding
 Statutory examination of plant and machinery
 Statutory medical examination and surveillance of workers exposed to classified
hazards
 Statutory safety and health audits
 Use of appropriate Personal Protective Equipment (PPE)
 Safety and Health training for workers
 Provision of first aid facilities and personnel
 Execution of fire safety training and drills

6.4 Decommissioning
Decommissioning is the process of shutting down an operational facility in a manner that
leaves the area in a safe and stable condition that is consistent with the surrounding
physical and social environment. The Contractor will ensure that:

 The process of closure occurs in an orderly, cost effective and timely manner
with the allocation of adequate resources;
 The anticipated cost of decommissioning is adequately provided for in the project
costs.

The Contractor will be expected to:

 Carry out consultations with stakeholders;


 Develop the action plan for demolition including the assigning of roles for the
demolition crew;
 Isolate power at the main switch and remove cables up to that point;
 Dismantle, remove and dispose of construction camp equipment and structures
in an appropriate environmentally friendly manner;
 Request utility service providers to disconnect the power, water and telephones as may
be appropriate;
 Reinstate the land to its natural condition by filling excavations and planting suitable
plants.

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The Contractor must obtain a Certificate of Satisfactory Decommissioning from the


relevant Authorities. In the unlikely event that the facilities is closed down
decommissioning would comprise the reduction of all buildings and facilities to a safe
condition and the restoration of the land to its original condition. The following will be
done:

 Notification of intent to all relevant regulatory agencies;


 Liaise with project Consultants including architects, engineers, and environmentalists
to ascertain guidelines, anticipated de-commissioning impacts and mitigation
measures.

6.4.1 Decommissioning phase Negative Impacts

During the decommissioning phase, another comprehensive ESIA study based on the
intended new use of the site will be conducted. Decommissioning may involve one of the
following options: facing out operations and evacuating the premise without carrying out
any other plans; change of use of the facility; demolition of the property to restore it to the
current or better status.

1. Solid Waste Generation

Demolition of the facilities and related infrastructure will result in large quantities of solid
waste. The waste will contain the materials used in construction including concrete, metal,
drywall, wood, glass, paints, adhesives, sealants and fasteners. Although demolition waste
is generally considered as less harmful to the environment since they are composed of inert
materials, there is growing evidence that large quantities of such waste may lead to release
of certain hazardous chemicals into the environment. In addition, even the generally non-
toxic chemicals such as chloride, sodium, sulphate and ammonia which may be released
as a result of leaching of demolition waste, are known to lead to degradation of
groundwater quality.

2. Dust

Large quantities of dust will be generated during demolition works. This will affect
demolition staff as well as the neighbouring residents.

3. Noise and Vibration

The demolition works will lead to significant deterioration of the acoustic environment
within the project site and the surrounding areas. This will be as a result of the noise
and vibration that will be experienced as a result of demolishing the proposed project.

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Table 3: Summary of major impacts and their proposed mitigation measures


Project stage Potential Impact Proposed Mitigation
Construction/equipment  Noise and vibration  Switching off machines while not in use
installation stage pollution  Proper servicing of machines
 Material and equipment  Restrict working hours to periods which are not associated to human disturbances
Transport especially the recommended working hours 8.00 am – 5.00pm
 Provide workers with ear masks.
 Regular servicing of working machines
 As far as possible, transport of construction materials should be scheduled for off-peak
traffic hours.
 Appropriate traffic warning signs, informing road users of a construction site entrance ahead
and instructing them to reduce speed, should be placed along the main road in the vicinity
of the entrance to the site during the construction period.
 Flagmen should be employed to control traffic and assist construction vehicles as they enter
and exit the project site.
 Issue notices/advisories of pending traffic inconveniences and solicit tolerance by local
residents before the commencement of construction works.
 Assign traffic regulators to places during periods of chronic or potential traffic congestions.
 Set relatively low speed limit within the site.
 Encourage transport vehicle owner to insure their vehicles on regular basis.
 Discourage parking near the entrance or exit routes.
 Material and  The stockpiling of construction materials should be properly controlled and managed. Fine-
equipment stockpiling grained materials (sand, marl, etc.) should be stockpiled away from any surface drainage
& storage channels and features.
 Low berms should be placed around the piles of sand and marl and/or tarpaulin used to cover
open piles of these materials to prevent them from being washed away during rainfall.
 Safe storage areas should be identified and retaining structures put in place prior to the arrival
and placement of material and equipment
 Materials and equipment to be delivered on site in installments.

 Soil Erosion  Stage site clearance works so as to minimize the area of exposed soil at any given time.

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Project stage Potential Impact Proposed Mitigation


 Re-cover exposed soils with grass and other ground cover as soon as possible.
 Temporarily bund exposed soil and redirect flows from heavy runoff areas that threaten to
erode or result in substantial turbid surface runoff to adjacent drainage waters.
 Monitor areas of exposed soil during periods of heavy rainfall throughout the construction
phase of the project to ensure that any incidents of erosion are quickly controlled.
 Leveling of the project site to reduce run-off velocity and increase infiltration of storm water
into the soil, therefore avoid compaction where possible.

 Workers safety and  Provide workers with reflective garments.


health  Regular maintenance and safeguarding of working machines.
 Train workers on manual handling techniques.
 Deploy an expert to lead first aid administration.
 Provision of adequate safety equipment and enforce on their usage.
 Discourage trespass.
 Erect signage on the ongoing activities
 Provide workers with personal protective equipment
 Provide implement safe systems and programs
 Construction debris and  Reduce wastes from the point of generation by purchasing high standard and recommended
other rejected materials.
construction materials.  Instruct workers to avoid damage of working materials.
 Contract NEMA registered garbage collector to collect waste on regular basis.
 Embrace the 3R’s concept (Reduce, Reuse and Recycle).
 Dust generation and  Sprinkle water to harness dust level.
aerosol emission  Provide workers with dust masks.
 Landscape and  Once the project is completed any bare land will be re-vegetated with indigenous grass,
ecosystem change shrubs and trees
 Landscaping will be done to reduce any negative impacts
 Only specified areas of construction will have vegetation cleared
 protecting the existing individual trees as much as possible

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Project stage Potential Impact Proposed Mitigation


 Water supply  Provide adequate water storage reservoirs on the construction site to meet project needs
during periods of high demand externally and refill the tanks during periods of low demand
(e.g. late at night).
 Engaging water supply tankers in case of total supply failure.
Operation Stage  Water use  A Sustainable Water Management System Plan should be developed in collaboration
with WRA to minimize impact to natural systems by managing water use, avoiding over-
abstraction of the groundwater aquifers, and minimizing impacts to other water users;
 Harvest rain water;
 The Golf Course Development to install water conserving taps.

 Waste water  Oil interceptors and sediment traps should be installed and maintained to ensure any
discharge to the environment carries a low sediment load.
 Storm water management canals should be maintained and kept clean in order to ensure that
the capacity of such systems is not compromised during the life of the operations
 Apply for effluent discharge license from NEMA on time;
 Install a water meter to measure the amount of water waste water released from the Golf
Course Development on daily basis;
 Carry out an analysis of the composition of the effluent through a NEMA registered
laboratory;
 Continuously monitor the discharge as per the regulations;
 The company to construct drainages throughout the Golf Course Development to direct
storm waters to the lake after lab testing and treatment if necessary.

 Air pollution levels  Dust rising during the construction can be kept down by sprinkling water on the site;
 In the event of strong winds, work should stop
 Utmost care to be taken while handling cement and rock sand product
 Construction materials must be properly stacked
 Inculcate a sense of environmental responsibility in the work force
 Utilize labour intensive construction method
 Materials should be brought on site on scheduled and organized periods

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Project stage Potential Impact Proposed Mitigation


 Construction materials like cement and sand should be carefully handled during offloading
and storage;
 The facility site should be appropriately screened;
 Dispose of debris from the construction site by licensed waste trucks to authorized dumping
sites.

 Drain blockages  The proponent should ensure that there is adequate means of handling large quantities of
sewage blockages as well as related emergency situations.
 Proper monitoring at waste generation points should be established. A site management plan
should be put in place.

 Increased pressure  The proponent should maintain close operations with service providers such as the Kenya
on infrastructure Power and Lighting Company, WRA etc.
 Principles of Cleaner Production should be applied to ensure optimal system performance.

 Fire outbreak  Install and regularly maintain firefighting equipment


 Clearly labeling fire exit routes.
 Constitute a fire fighting team
 Staff to be made clearly aware of fire hazards
 Vector breeding  Include an efficient storm water and waste management systems that will prevent the
grounds accumulation of rain water
 All trenches and drains should be kept clear of all debris
Decommissioning stage  Loss and damage of  Removal of properties that are not intended to be destroyed before the actual demolition
properties during process.
demolition activities  Proper supervision during demolition activities.

 Loss of employment  A good phase out programme for employees should be put in place from the onset of the
opportunities project.
 Accidents to the  Issue the workers with reflective garments.
demolishing team.  Supervisors to ensure measures in place for the worker and ensure that no one is at risk by
falling objects.

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Project stage Potential Impact Proposed Mitigation


 Loss of environmental  Ensure complete collection and disposal of wastes after demolition
aesthetics beauty.  Landscaping the affected areas.
 Conduct a decommissioning audit.

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7. PROJECT ALTERNATIVES

The findings and recommendations in this section are based on the proposed site, the
materials and the proposed technologies to be used in the construction of the Proposed
Golf Course Hotel Development.

7.1 Site alternative


The project land was registered as the proponent’s in anticipation of putting up the
proposed development. Bearing in mind that the land owner does not have another site,
this means that he has to look for land elsewhere. Searching for land to accommodate the
space and size of the project and completing official transaction may take a long time
although there is no guarantee that such land could be available in the area. The developer
will spend another one year on design and approvals since design and planning has to be
according to the site conditions. Project design and planning before the stage of
implementation will cost the developer a large sum of money. Whatever has been done
and paid up to this level will be counted as a loss to the developer.

Assuming the proposed project will be given a positive response by the relevant authorities
including NEMA, the project would have been delayed for about two year’s period before
implementation. This would also lead to a situation like no other project alternative option;
the other consequences of this would be a discouragement to local/private investors. From
the bone statements relocation of the project to different site is not viable hence it’s ruled
out.

7.2 Alternative Design and project phasing


The proposed development is part of the future integrated Water Front real estate
development in a gated community to be implemented by proponent in phases. It will have
all the amenities needed and the requisite infrastructure for a modern world class
waterfront development including Hospitality development (Hotels and Restaurants);
Commercial development; Residential development; Hospitals and Clinics; Educational
centres and Police post. The project is envisaged to be developed in a synergistic and
sequenced/phased manner to create an economically and environmentally sustainable
community of approximately 5,000 people. The project is envisaged to be developed in a
synergistic and sequenced/phased manner to create an economically and environmentally
sustainable community. Full development of the project is envisaged to take 12-15 years
with part phases being completed every 2-3 years.

The Proponent has proposed to begin with the Proposed Golf Course Hotel Development
as the initial phase. The design plans for the development were undertaken with reference
to the most attractive enterprise, available capital, locally available material and
environment. The design of the facility was undertaken with a view to providing the most
suitable, comfortable and attractive facilities for the expected users.

7.3 Alternatives to Technology and Construction Materials


The proposed project will be constructed using modern, locally and internationally
accepted materials to achieve public health safety, security and environmental aesthetic

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requirements. Equipment that save energy and water will be given first priority without
compromising on cost or availability factors. Heavy use of timber during construction is
discouraged because of massive destruction of forests. The exotic species would be
preferred to indigenous species in the construction where need will arise. However, this
housing methods and technologies to be used will require very little timber.

The facility will utilize the facilities of KPLC and the available water from the existing
borehole on site. The proponent should consider the use of solar energy to augment KPLC
supply particularly for security purposes at night. Installation of Power generators should
also be considered to be used only in case of power outages. The proponent is advised to
install underground water tanks to harness rain water and store for emergencies and
supplement the borehole water. Harvesting of rain water will also be an alternative that
will reduce pressure on the storm drains within the site.

7.4 “No Project” Alternatives


The no project alternative option in respect to the proposed project implies that the status
quo is maintained. This option is the most suitable alternative from the extreme
environmental perspective as it ensures non-interference with the existing conditions.
Under no project alternative, the proponent’s proposal would not receive the necessary
approval from NEMA, proposed project would not be constructed and there would be no
demand for the development. This option will however, involve several losses both to the
land owner and the community as a whole. The land will appreciate in value while the land
remains idle but there will be no infrastructural development in the area. The no project
option is the least preferred from the socio-economic and partly environmental perspective
due to the following factors;

 Discouragement for investors.


 No employment opportunities will be created for Kenyans bearing in mind that the
proposed project will have employment opportunities both directly or indirectly
during construction and operations phases and thus improve lifestyles and livelihoods.
 Local skills would remain underutilized.
 Development of infrastructural facilities (roads, electrical etc. will not be undertaken).
 Vision 2030 will be far from implementation bearing in mind that this is one of the
first projects gearing towards realization of vision 2030.

From the analysis above, it becomes apparent that the No Project alternative is no
alternative to the local people, and the government of Kenya.

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8. ENVIRONMENTAL MANAGEMENT PLAN

8.1 Introduction
The Environmental Management Plan involves the protection, conservation and
sustainable use of the various elements of the environment. The EMP for the proposed
project provides all the de tails of its activities, impacts, mitigation measures and expected
costs during implementation and decommissioning phases of the project. This project bears
the potential of a number of negative impacts on the environment. With proper
environmental management procedures in place and adhered to then there should be
minimal negative impact of concern emanating from it. Key areas that require mitigation
measures include wastewater, solid wastes, maintaining good air quality, safety, and storm
water management.

The table below indicates measure for Environmental Management Plan

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Table 4: Environmental Management Plan (EMP)


Environmental Impact Mitigation measure Responsible party Costs (KES)
parameter
Construction/equipment installation phase
Extraction of  Land-use and  Source material from supplies that use environmentally friendly  Proponent
raw material Landscape change processes in their operation. and Contractor
 Poor visual quality  Ensure accurate budgeting and estimation of actual construction  WRA, NEMA
 Water abstraction material requirement to ensure that the least amount of material
necessary is ordered.
 Ensure that damage or loss of material at construction site is kept
minimal through proper storage.
 Use at least 5%-10% recycled, refurbished, or salvaged materials to
reduce the use of raw material and divert material from land fill.  As per BQ and
 Obtain permit from WRA permit to for borehole water abstraction. agreement with
 The tender documents should specify required standards and Contractor
certification for procurement of all materials and appliances;
 Steel scaffolding should be used in preference to timber and the
Contractor should ensure that sufficient quantities of scaffolding are
available for hire at the time of construction.
 All construction materials should be from approved sources; for
example, hard stone for building should be obtained from
NEMA licensed sites and bona fide commercial quarries.

Removal/  Exposing ground  Proper demarcation and delineation of the project site to be affected  Proponent and  100,000 for
clearing of to agents of soil by construction work contractor landscaping
vegetation erosion  Specify location for trucks and equipment, and areas of the site  WRA
 Loss of which should be kept free from traffic, equipment and storage.
terrestrial habitat &  Designate access route within the site
biodiversity  Design and implement an appropriate landscaping program to help
 Permanent loss of in re- vegetation of part of the project site after construction
vegetation

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
 Habitat  Mapping out the Lake riparian reserve as a conservation zone and
fragmentation ensuring Protection of wetlands and the existing vegetation as much
 Interruption of as possible and in line with applicable rules, regulations and
ecological corridors standards.
and migration paths  Set a replanting and landscaping programme that focuses on
 Erosion and stream increasing “green area”
sedimentation
 Draining of wetlands

Sewage and  Pollution  Provide adequate sanitary facilities for workers,  Proponent and  As per BQ and
effluent  Provide solid waste receptacles and storage containers, particularly contractor agreement with
for the disposal of plastic bags boxes, so as not to block drainage Contractor
system and to prevent littering of the site.
Movement  Compaction of soil  Apply soil erosion control measures such as levelling of the project  Proponent and  As per BQ and
of vehicle at the  Interference with site to reduce run-off velocity and Increase infiltration of storm contractor agreement with
site soil structure leading water into the soil. Contractor
to low water  Ensure that construction vehicles are restricted to existing graded
infiltration roads to avoid soil compaction within the project site,
 Ensure that any compacted areas are ripped to reduce run-off.
 Storm water drainage lines be well constructed to reduce
incidence of pounding and flooding

Utilization of Generation of wastes  Through accurate estimation of quantities of materials required,  Constructor and  As per BQ and
construction leading to: order materials in the sizes and quantities they will be needed, rather his workers agreement with
materials  Wastage of than cutting them to size, or having large quantities of residual Contractor
resources/ materials materials.
 Health risk to the  Ensure that construction materials left over at the end of
worker and construction will be used in other projects rather than being
environment disposed off.

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
 Reduced aesthetic  Ensure that damaged or waste materials including cabinet, doors,
value of the site plumbing, and lighting fixtures, marble and glasses will be
 Blockage of recovered for refurbishing and use in other projects
drainage systems  Reducing the amount of construction waste generated over time
 Chocking water  Provide facilities for proper handling and storage of construction
bodies materials to reduce the amount of waste caused by damage or
exposure to the elements
 Purchase of perishable construction materials such as paints should
be done incrementally to ensure reduced spoilage of unused
materials
 Use building materials that have minimal or no packaging to avoid
the generation of excessive packaging waste
 Maintain a proper waste tracking document
 Ensure adequate fire warning, response and management systems
are installed.
 Hazardous wastes, such as waste oils and grease to be collected in
secure storage facilities on-site to prevent accidental release that
may result in contaminated run-off and leaching.
 Storage areas for hazardous material to be cemented to provide
an impervious surface and to prevent uncontrolled discharges to
groundwater.
 Contract a NEMA licensed waste handler to collect waste oil, waste
tyres and general office and domestic wastes.
 Practice the 6Rs (Reuse, Recover, Refill, Return, Recycle) of waste
Management.
 Training of workforce on matters health, safety and environment
with regards to waste and its effects.

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Dust emission  Air pollution  Sprinkle water on graded access routes each day to reduce dust  Constructor and  As per BQ and
from movement  Causing generation by construction vehicles his workers agreement with
of transportation breathing problems  Controlling the speed of vehicles on the site Contractor
vehicles at the to the workers and  Watering open soil or storage sites
site and on the the neighbourhood  Selecting transportation routes
road  Blockage of  Provide worker with dust masks
fauna stomata  Spiro metric examination on exposed workers at prescribed interval
of time
Utilization of  Emission of carbon  Ensure proper planning of transportation of materials to ensure that  Contractor and  As per need
fossil fuel by gas into the vehicle fills are increased in order to reduce the number of trips Drivers
fuel consuming atmosphere leading done per vehicle or the number of vehicles on the road.
machineries. to global warming  Sensitize truck drivers to avoid unnecessary racing of vehicle
 Exhaustion of fossil engines at adding/offloading points and parking areas, and to switch
fuel resource off or keep vehicle engines when not in use
 Air pollution  Prompt servicing of vehicles engines
 Can Lead to  Use of unleaded and low sulphur fuel
breathing problems  Monitor energy use during construction and set target for
reduction of energy use.

Noise and  Noise generation  Sensitize construction drivers to avoid gunning of vehicle engines  Constructor and  50,000
vibration  Hearing problem or hooting especially when passing through sensitive areas such Workers
as churches, schools, residential areas and hospitals
 Sensitize construction vehicle drivers and machinery operators to
switch of vehicle or machinery not being used.
 Ensure that all heavy duty equipment are insulated or placed in
enclosures to minimize ambient noise levels.
 Measure to ensure that noise levels does not exceed 75dB(A)
 Attenuation of any sound that may affect the inner ear by use of
earplugs and earmuffs.
 Audio metrical examination of workers at prescribed intervals

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Water  Excessive use /  Prompt reuse and recycling of water as much as possible where  Contractor and  150,000
consumption misuse of water necessary his workers
 Generation of  Install a discharge meter at water outlet to monitor and determine
excess waste water total water usage.
 Water pollution  Monitor water consumption and utilization;
 Sensitize construction workers on the importance of proper
water management;
 All wastewater should be drained into approved drainage facilities.

Approval  The development  Ensure that the Change of Use is effected and plans are approved  The proponent  Gazetted fee
of building plan being in alignment by the County Government, Physical Planner and the local
with the County Occupational Health and Safety Office
Integrated
Development Plan
(CIDP)
Incident,  To enable relevant  Ensure that provisions for reporting incidents, accidents and  Contractor and  Gazetted fee
accidents, and authorities to dangerous occurrences during construction using prescribed forms his workers
dangerous monitor incidence obtainable from the local Occupational Health and Safety Office
occurrences occurrences and take (OHSO) are in place.
necessary measure to
minimize them.
Safety, health  To give guidelines  Develop, document and display prominently an appropriate  Contractor  5,000
and environment on how one is to SHE policy for construction works
(SHE) policy protect himself
within a given
premises against any
incident.

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Personal  To protect against  Suitable overalls, safety footwear, dust masks, gas masks,  Contractor  100,000
protective gears any infection or respirators, gloves, ear protection equipment etc. should be made
injuries while at available and construction personnel must be trained on their use.
work.
Supply of clean  Ensure good health  Ensure that construction workers are provided with an adequate  Contractor  100,000
water as dirty/untreated supply of wholesome drinking water which should be
water leads to water maintained at suitable and accessible points.
borne diseases.
Storage of  Can cause accident,  Ensure that materials are stored or stacked in such manner as to  Contractor  5000
materials material wastage and ensure their stability and prevent any fall or collapse
spoilage, and
reduced aesthetic
value.
First aid  To ensure that when  Well stocked first aid box which is easily available and Accessible  Contractor  40,000
any injury occur it should be provided within the premises
can be taken care of  Provision must be made for persons to be trained in first aid,
before main with a certificate issued by a recognized body.
treatment at a
hospital or a
dispensary.
Safety and  Destruction and  Ensure the general safety and security at all times by providing day  Contractor  100,000
security stealing of materials and night security guards and adequate lighting within and around
on site. the construction site.
 The Contractor should ensure strict safety management through
close attention to design, work procedures, materials and
equipment;
 Develop a site safety action plan detailing safety equipment to be
used, emergency procedures, restrictions on site, frequency and
personnel responsible for safety inspections and controls;

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
 All workmen should be provided with personal protective
equipment (e.g. nose masks, ear muffs, helmets, overalls, industrial
boots, etc.);
 There should be regular site reporting on health, safety and
environment (HSE) issues by an appointed HSE representative,
daily site inspections should be done to ensure safe work practices
are adhered to;
 All injuries that occur on site must be recorded in the accident
registers and corrective actions for their prevention be instigated as
appropriate (Section 62 of the Factories and Other Places of Work
Act);
 Statistical records on accidents and incidents should be collated
and analysed on a monthly basis and forwarded to the contractor
and / or displayed on the notice boards;
 Site personnel should be encouraged to report “near-miss incidents”
in order to avoid potential problems and increase safety awareness.

Fire Hazards  Destruction of  Provide adequate number of appropriate firefighting equipment as  Contractor and  200,000
property and lives well as fire exit options. proponent
 Ensure inspection and maintenance of fire equipment
 A fire escape route and an emergency assembly point should be
clearly indicated
 Form and train firefighting team
 Conduct regular fire drills

Construction  Disruption of local  The Contractor should plan itineraries for site traffic.  Contractor  50,000
traffic: traffic;  Issue notices/advisories of pending traffic inconveniences and
 Potential for solicit tolerance by commuters before the commencement of
accidents. construction works.

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
 Assign traffic regulators to places during periods of chronic or
potential traffic congestions.
 Prepare & provide appropriate signage & trained flag persons
where the movement of heavy machinery and construction
equipment may cross the main roads.

Influx of  Proliferation of  Develop a catering program on site for construction staff;  Contractor  100,000
construction informal kiosks in  Provide transportation for the workforce to and from the site;
workers into the the area; Increase in  The contractor should identify, demarcate and fence a specific area
area: transport demand. within which specific number vendors will be allowed to operate.
 Road side vending  The vendors should be instructed to maintain the area in a tidy
fashion and litter bins should be provided with arrangements in
place to have the contents of these emptied on a regular basis and
disposed of appropriately.

Energy  Energy consumption  Develop an energy management plan;  Contractor  20,000


utilization  Construction machinery and vehicles should be maintained and
used in accordance with manufacturer’s specifications, to maximize
efficiency and lower use of energy, e.g. drivers of construction
vehicles should be instructed not to leave them idling for extended
periods;
 Construction workers should be sensitized on the importance of
energy management.

Ergonomic  Bad posture may  Provision for repairing and maintaining of hand tools must be in  Contractor  20,000
lead to body place
structural disorder.  Hand tools must be of appropriate size and shape for easy and safe
use
 Height of equipment, controls or work surfaces should be
positioned to reduce bending posture for standing workers

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Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Operation phase

Solid waste  Generation of  Provision of dirt bins/skips at strategic points of the compound  Proponent  Waste
generation general Solid wastes  Disposal at the designated site, collection as per
leading to pollution  Awareness creation among workers rates
of water bodies, air  Practice reuse and recycling methods as much as possible where
impairment when applicable.
decomposing hence  Display portraits like “Don’t Litter”, “Keep Environment Clean”
odours, and
reduction in
aesthetic value of the
compound.
Hazardous waste  Pollution of surface  Hazardous wastes, such as waste oils and grease to be collected in  Proponent  Waste
generation or ground water due secure storage facilities on-site to prevent accidental release that collection as per
to oil spillage may result in contaminated run-off and leaching. rates
 Storage areas for hazardous material to be cemented to provide
an impervious surface and to prevent uncontrolled discharges to
groundwater
Accidents and  Machine safety  All plant, machinery and equipment should only be used for work  Proponent -
injuries (improper use and which they are designed for and be operated by a competent person.
maintenance of  Insist on regular servicing of electrical fittings and appliances by
machines) qualified personnel.
 Every machine intended to be driven by mechanical or any other
type of power should be provided with safeguards and an efficient
starting and stopping appliance, the control of which should be in
such a position as to be readily and conveniently operated by the
person operating the machine.

58
Rambara Company Ltd - ESIA Study

Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Occupational  Accidents and  The premise must be kept clean, daily removal of accumulated dust  Proponent  100,000
health and injuries from floors, free from effluvia arising from any drain, sanitary
Safety convenience or nuisance
 The premise must not be overcrowded, there must be in each room
10 metres of space for each employee, not counting space 14 feet
from the floor and a 9 feet floor-roof height.
 The circulation of fresh air must secure adequate ventilation of
workrooms.
 There must be sufficient and suitable lighting in every part of the
premise in which persons are working or passing.
 There should also be sufficient and suitable sanitary conveniences
separate for each sex,
 Management should ensure provision of suitable protective
clothing and appliances including where necessary, suitable gloves,
footwear, goggles, gas masks, and head covering, and maintained
for the use of workers in any process involving expose to wet or to
any injurious or offensive substances
 Management should ensure training and supervision of
inexperienced workers
 An adequate supply of both quantity and quality of wholesome
drinking water must be provided.
 Maintenance of suitable washing facilities, accommodation for
clothing not worn during working hours must be provided.
 Provision of well-equipped First Aid kits and /or ready transport
facilities to hospital.

59
Rambara Company Ltd - ESIA Study

Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Use of sanitary  Generation of  Incorporate grease traps  Proponent  150,000
room (toilets and sewage(liquid  Conduct regular inspections for sewerage pipe blockages or  NEMA
urinal) waste),Water damages and fix appropriately
pollution, Air  Ensure regular monitoring of the sewage discharged
pollution (odour )  Reuse, recycle waste water where necessary
 Reduced  Ensure adequate water supply for flushing and to ensure the waste
aesthetic value is carried to the sewerage system without causing blockage.
 Ensure flashing toilet after use though Avoid unnecessary flushing
 Apply for effluent discharge license

Water  Overutilization of  Monitor water consumption  Proponent/  As per BQ


Consumption water  Apply for water abstraction permits from WRA Contractor
 Install internal water meters.  WRA
 Installing plumbing fittings, appliances and devices to optimize
water use efficiency;
 Recycling of wastewater to reduce water consumption.
Waste  Drain blockages  The proponent should ensure that there is adequate means of  Proponent/  As per BQ
management handling large quantities of sewage blockages as well as related Contractor
emergency situations.
 Proper monitoring at waste generation points should be established.

Use of energy  Overutilization of  Switch off electrical equipment, appliances and lights when not  Proponent  -
hydropower being used
 Overloading  Install energy saving fluorescent tubes at all lighting points within
hydropower grid the facility instead of bulbs which consume higher electric energy
 Sensitize occupants of the facility to use energy efficiently
 Plant trees within the compound and along the fence.

60
Rambara Company Ltd - ESIA Study

Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
Electricity use  Explosions/Fire  Regular maintenance of fire extinguishers  Proponent/Contra  As per BQ
outbreaks causing  Proper electric connections. ctor and need
injuries and  Circuit must not be overloaded
destruction of  Distribution boards switches must be clearly marked to indicate
properties respective circuits
 No live exposure connection
 Electrical fittings near all potential sources of ignition should be
flame proof

Ventilation  Suffocation and  Enough space must be provided within the premises to allow for  Proponent  As per BQ
lack of clean air may adequate natural ventilation through circulation of fresh air  Contractor
lead to discomfort of
the occupants in the
facility.
Vector/rodents  Diseases and  Ensure that there is no space for unplanned stagnant water retained  Proponent  As per need
breeding infections in the fields.
grounds  Recommended measures should be applied when dealing with
rodents and food storage.
 A monitoring programme should be put in place for controlling
relative cases observed.
Lighting  Lack of enough light  There must be adequate provision for artificial and natural lighting  Proponent  As per BQ
in the facility may in the facility.
lead to eye straining
hence eye problems
Decommissioning Phase
Demolition  Lead to accident  Develop a decommissioning EIA  Proponent and  Develop BQ
activity from falling, and the contractor and project
flying objects. budget

61
Rambara Company Ltd - ESIA Study

Environmental Impact Mitigation measure Responsible party Costs (KES)


parameter
 Generation of
construction waste
 Reduced aesthetic
value of that place
 Destruction of soil
structure
 Lead to soil erosion
hence water
pollution

62
Rambara Company Ltd - ESIA Study

9. CONCLUSION AND RECOMMENDATIONS

This Study Report has been prepared to provide sufficient and relevant information on the
proposed project to enable NEMA to establish whether activities of the project are likely
to have significant adverse environmental impacts. Mitigation measures have been
proposed for identified impacts in this report and an Environmental Management Plan
(EMP) for the implementation of the proposed measures has been presented. The EMP
presented in this report is a tool to be used by the Project Team during the construction,
hand-over and operation periods.

To ensure implementation, mitigation measures should be reflected in the Conditions of


Contract and Bills of Quantities. It is the responsibility of the Proponent to ensure these
measures are incorporated into these two documents.

It is recommended that the available waste management systems must be monitored and
upgraded (where necessary) to ensure that they adequately handle the anticipated increase
in waste and by- products.

In this respect the project can proceed on condition that the concerns are addressed the
proposed mitigation measures are implemented and an EIA license issued with the above
conditions taken fully into account amongst any others.

63
Rambara Company Ltd - ESIA Study

REFERENCES

1. Republic of Kenya (2015). The Environmental Management and Co-ordination Act, No. 5 of
2015. Government Printer, Nairobi.
2. Republic of Kenya (2016). Laws of Kenya: The Water Act, Cap 372. Government Printer,
Nairobi.
3. Republic of Kenya (2003). Legislative Supplement No. 31, Legal Notice No. 101: The
Environmental (Impact Assessment and Audit) Regulations, 2003. Government Printer, Nairobi
4. Regulations, 2006. Government Printer, Nairobi. Environmental Management and Coordination
(Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. Government Printer,
Nairobi
5. Kenya Gazette Supplement Acts Public Health Act (Cap. 242). Government Printer, Nairobi.
6. Kenya Gazette Supplement Acts Water Act, 2016. Government Printer, Nairobi.
7. Kenya Gazette Supplement Acts. Environmental Management and Coordination (Water Quality)
Regulations, 2006. Government Printer, Nairobi.
8. Kenya gazette supplement number 56. Environmental (Impact Assessment and Audit)
Regulations, 2003. Government Printer, Nairobi.
9. Kenya Gazette Supplement Number 69. Environmental Management and Coordination (Waste
Management) Regulations, 2006. Government Printer, Nairobi.
10. Occupational Safety and Health Act, 2007
11. Kisumu County Integrated Development Plan (CIDP)
12. World Bank (1991), Environmental Assessment sourcebook volume I: Policies, procedures and
cross-sectoral issues. World Bank, Washington.
13. WHO Covid-19 safety measures and regulations at workplace

64
Rambara Company Ltd - ESIA Study

ANNEXURE

65
Annex 1: NEMA Approved TOR
nema
inazinelra Mu I Libel wen., I wa)lbu maim

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY


Mobile Lines: 0724-253 398, 0723-363 010, 0735-013 046 P.O. Box 67839, 00200
Telkom Wireless: 020-2101370, 020-2183718 Popo Road, Nairobi, Kenya
Incident Lines: 0786-101100, 0741-101100 E-mail: [email protected]
Website: www.nema.go.ke

NEMA/TOR/5/ 2/382 20th January, 2022

Director General,
Rambara Company Limited,
P 0 Box 897-40100
KISUMU

RE: ACKNOWLEDGEMENT AND APPROVAL OF TERMS OF REFERENCE


(TOR) FOR ENVIROMENTAL IMPACT ASSESSMENT

We acknowledge the receipt of TOR for the above subject.

Pursuant to the Environmental Management and Coordination Act, 1999 the


second schedule and the Environmental (Impact Assessment and Audit)
Regulations 31 and 35, your terms of reference for the Environmental Impact
Assessment (ETA) for the proposed GOLF COURSE HOTEL DEVELOPMENT ON
LR NO. KSM/KANYAWEGI/9676 LISUKA VILLAGE, KANYAWEGI SUB-
LOCATION., SOUTH WEST KISUMU LOCATION, KISUMU WEST SUB-
COUNTY, KISUMU COUNTY has been approved.

You shall submit ten (10) copies, a soft copy summarised version of the ESMP in
WORD form and one electronic copy of your report prepared by a registered
expert to the Authority.

MARRIAN KIOKO
HEAD EIA SECTION

Gt.))
Our Environment, Our Life, Our Responsibility ISO 9001
BUREAU VERITAS
V
UKAS
Certification Ift.b.••••

ISO 9001:2015 Cert fled


TERMS OF REFERENCE
3
FOR THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT
STUDY FOR THE PROPOSED GOLF COURSE HOTEL
DEVELOPMENT ON LR NO. KSIV1UKANYAWEGI/9676 LISUKA
VILLAGE, KANYAWEGI SUB-LOCATION, SOUTH WEST KISUMU
LOCATION, KISUMU WEST SUB COUNTY, KISUMU COUNTY.

PROJECT PROPONENT:

RAMBARA COMPANY LTD


P.O. BOX 897, 40100
KISUMU, KENYA

GOMAKE CONSULTANCY COMPANY LTD


P.O. BOX 5540-00100
NAIROBI
NEM REG, NO.: 8511
EMAIL: [email protected]
M 4N4 G

RECEIVED

JANUARY 2022 18 JAN 2022


ENVIRONMENTAL
0 IVP4CT
6 ASSESSMENT

39-0020° '
Document Authentication

These Terms of Reference (ToR) for the above mentioned project have been prepared by
Gomake Consultancy Company Ltd; NEMA registered and licensed EIA/EA Firm of Experts.

This ToR has been done with reasonable skills, care and diligence in accordance with the
Environmental Management and Coordination Act 1999 and the Environmental (Impact
Assessment and Audit) Regulations 2003.

We the undersigned, certify that the particulars given in this ToR are correct, complete,
accurate and righteous to the best of our knowledge and will be sufficient to provide adequate
and informative Environmental and Social Impact Assessment on the Proposed Golf Course
Hotel Development.

PROJECT PROPONENTS
RAMBARA CO PANY LTD
P.O. BOX 897, 4 100
KISUNIU, KEN

Signatu

GOMAKE CONSULT CY COMPANY LTD


P.O. BOX 5540-00100
NAIROBI
NEM REG, NO.: 8511
EMAIL: infoggomakeltd.co.ke
GOMAKE CONSULTANCY
C MP NY LTD.

Signature Date \`
P.O. Box 5540 0010
TEL. 0780964 ,NA1110131-KEWA
333
Email:
infoegotriakeltd.co,kc:

2
Annex2: Proponent’s Registration and PIN
No. CPR/2013/100431

CERTIFICATE OF INCORPORATION

I hereby CERTIFY, that -

RAMBARA COMPANY LIMITED

is this day Incorporated under the Companies Act (Cap. 486) and that
the Company is LIMITED.

GIVEN under my hand a: Nairobi this 26 th day of April


Two Thousand and Thirteen

..........
7,\ I Reg
. istrat
1 ;Companies
-
- 1:1.‘ SVNiC111 . 11111‘:.• ' 111:11, .11..( , I kr kC iui I R I ".....)11M111 Cern tIte:C1 111., (111 Ct i II I.

KENYA REVENUE Taxpayer Registration Document Number:

AUTHORITY 8540417
Certificate

General Data of the Taxpayer


Name RAMBARA COMPANY LIMITED
axpayer PIN P05142)11 ER TaxPayer Category DOMESTIC
!Registration Date Jul 5, 2013
Activity Others

Contact Information
;District NAIROBI LAS] City/Town NAIROBI CITY (EAST)
:Street / -Road KENYATTA AVENUE Building PHOENIX HOUSE
Area Name 20 LR Number
P.O. Box 00100 - 10110
Main Email Address [email protected]

Tax Obligation Obligation Register Date


VAT TAX (VAT 3) JUN 30, 2013
' This certificate is computer generated and therefore not signed. It is valid certificate issued under the
authority of KRA.
Annex 3: Land ownership documents
Annex 4: Expert practicing licenses
FORM 7 (r.15(2))

mazingira yetu I uhai wetu j wajibu wetu

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY(NEMA)


THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT

ENVIRONMENTAL IMPACT ASSESSMENT/AUDIT (EIA/EA) PRACTICING LICENSE


License No NEMA/EIA/ERPL/16575
Application Reference No: NEMA/EIA/E1121520

m/s Gomake Consultancy Company Ltd


(individual or firm) of address

P.O. Box 5540 - 00100 Nairobi


is licensed to practice in the

capacity of a (Lead Expert/Associate Expert/Firm of Experts) Firm of Experts


registration number 8511

in accordance with the provision of the Environmental Management and Coordination Act Cap
387.

Issued Date: 2/18/2022 Expiry Date: 12/31/2022

Signature.....

(Seal)
Director General
The National Environment Management
Authority

P.T.O.
Annex 5: Minutes of public participation
LIST OF PARTICIPANTS DURING STAKEHOLDER CONSULTATION MEETING

Name of Project: ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR THE PROPOSED GOLF COURSE FACILITY ON L.R.
KSM/KANYAWEGI/9453.
Venue of Meeting: VIZO:T cIff-- c_eT
Date and Time of Meeting: 1-0 (1 V.7\ 00 19)11

# Name of Participant Position / Designation E-Mail Address Telephone Contact Signature

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21.
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23.
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24. ji
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25.
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26. ,1 •
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27. --, V Pci-A-ki ATA/ 04-6 0 ltp' -1 -70 2 17
28.
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31.
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2
# Name of Participant Position/ Designation E-Mail Address Telephone Contact Signature

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\.
36 Nt)3(11/4E OW141 ' 011Er)
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49 pe4 -fy1_
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51 ,) keoLci.) o Ns
62 Ma C/ //iVf ----

3
MINUTES OF PUBLIC PARTICIPATION HELD AT THE PROJECT SITE ON 4TH
NOVEMBER 2021 FOR THE PROPOSED GOLF COURSE HOTEL DEVELOPMENT ON LR
NO. KSM/KANYAWEGI/9616 LISUKA VILLAGE, KANYAWEGI SUB-LOCATION, SOUTH
WEST KISUMU LOCATION, KISUMU WEST SUB COUNTY, KISUMU COUNTY.
MEMBERS PRESENT:
See Attached attendance register
AGENDA
1. Preliminaries
2. Project Scope
3. Comments/Questions/Answers
4. Filling of the Public Participation Questionnaires
5. Way forward
MIN 1: PRELIMINARIES
The team was welcomed by Mr. Philip Otengo, the Assistant Chief of Kanyawegi Sub-Location who
also asked one of the participants to lead the opening prayer and the meeting was officially opened.
Welcoming note was also made by Mr. Leonard Olang who is a resident of the area welcoming the EIA
team and the participants present at the meeting.
The meeting was held under strict conformity with the Ministry of Health Protocols on Covid-19
Pandemic.
Self-introduction was then made by the various community members and neighbours.
MIN2: SCOPE OF THE POJECT
There was a project description/scope presentation of the proposed project by the Consultant. It was
made clear that the proponent was Rambara Company Ltd.
The Proposed Golf Course Hotel Development is the first phase of the larger project and it consist of a
five storey building that will host offices, auditoriums, conference & meeting rooms, shops and
restaurants, shoreline protection and landscaping and waste water treatment plant including associated
infrastructure such as drainage system and access roads.
Public consultation forms a useful component of gathering, understanding and establishing impacts of
projects; determine community and individual preferences and selecting mitigations. This has been set
out in Environmental (Impact Assessment and Audit) Regulations, 2003 which requires that community
participation be part of EIA.
The Consultants informed the participants that they were holding the meeting have secured permission
from the area’s administration and that it is the responsibility of those who attended the public
participation to disseminate information to their neighbours.
MIN 3: COMMENTS/QUESTIONS/ANSWERS
Comments/Questions
a. How will the neighbours access the lake to get domestic water since the area might be fenced off?
b. The grazing land within the project area might also be limited since the proponent might fence off
the project site.
c. How will the proponent ensure that the local youth secure employment at the site during
construction and occupation?
d. Will the development touch on the riparian reserve?

1|Page
e. Previous sand harvesting at the site was a menace and the project is a welcome relief since it will
provide employment.
U. Women and girl child should also be given equal opportunities in terms of employment at the
project site.
g. Corporate Social Responsibility request to the proponent included: supply of water to the local
community and Lisuka Primary School, Levelling of the school's playing ground, repairs within
the school.
h. The community should be united and stand behind the project since more benefits will accrue with
the implementation of the project.
i. How will the riparian wildlife be protected?

Answers by the Consultant and proponent representative:

The consultant thanked the participant for raising their concerns.

a. It was clarified that the development will have no permanent structures within the riparian as per
the NEMA and WRA regulations therefore the riparian wildlife will not be interfered with.
b. The Proponent committed to supply domestic water to the nearby Lisuka Primary School in addition
to the neighbouring community since access to the lake has been hindered by the growth of water
hyacinth along the lake shore.
c. Local employment shall be given priority over importing labour from outside as long as the required
skill is locally available.
d. Women and girls will be given equal opportunities in terms of employment and no discrimination
shall be practiced within the development.
e. The Proponent will also commit to undertake additional CSR projects in collaboration with the local
community.

MN 4: FILLING OF THE PUBLIC PARTICIPATION QUESTIONNAIRES


The Consultant informed the public about participant's questionnaire. The participants were taken
through the questions in the questionnaire before filling individually. The questionnaires were then
distributed for filling and filled questionnaire were collected by the Consultant.

MIN 5: WAY FORWARD

The Consultant thanked the community members for participating in the process and assured them that
their view will be analysed and taken care of by the Proponent. The meeting was closed by a word of
prayer from one of the participants and thereafter members left.

Signed by:

GOMAKE CONSULTANCY COMPANY LTD


Date:
CONSULTANCY
YIPANY LTD.
SIGNATURE and ST
\._S 211/1
P.O. Box 5540 - 00100,NAIROBI-KENYA
TEL: 0780964 333
[email protected]

2
LIST OF PARTICIPANTS DURING STAKEHOLDER CONSULTATION MEETING

Name of Project: ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR THE PROPOSED GOLF COURSE FACILITY ON L.R.
KSM/KANXAWEG1/9453.
Venue of Meeting:

Date and Time of Meeting: \ PO?\ 2 2 (2 Vi

Name of Participant Position / Designation E-Mail Address Telephone Contact Signature

.
/ W Z--;-:g bk, fltiC 4 -fiEVO 0 7? - .S.1-717,53 (--Agi-
2. Oafcy 9-(67)i v
3.
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4.
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10.
ka —
11.
eld/ 6fri . 0 ar9 PAr77pos? t2 ._ Oat'
12. .,
13. ,...te, _
14. loin ‘,•- _ „by 1 677/9, C
w t 1-( --) D LI
ckA
1
# Name of Participant Position / Designation E-Mail Address Telephone Contact Signature

0 r --,- ;
16.
17. H t, a ,
18. ._
ACA\le-n?5
itvki (
07Q-5 066 -5yj VA
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19.
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20.
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21.
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22. fin thi 0
23.
24.
25.
26.
27.
28.
_
29.
30.
31.
32.
33.
34.

2
Annex 6: Project Designs
Annex 7: WRA Riparian demarcation report

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