EIA - 1952 Proposed Golf Course Hotel Development SR - 2569-Min
EIA - 1952 Proposed Golf Course Hotel Development SR - 2569-Min
EIA - 1952 Proposed Golf Course Hotel Development SR - 2569-Min
Proponent: Consultant:
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
Signature……………………………………………………Date……………………
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
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
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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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
8.1 Introduction 49
9. CONCLUSION AND RECOMMENDATIONS 63
REFERENCES 64
ANNEXURE 65
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List of Tables
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
List of Annexure
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Abbreviations
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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.
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.
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.
Ground Floor
Auditorium (1no.)
Offices (3no.)
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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
3rd Floor
4th Floor
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.
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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:
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:
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Water Utilization
Waste production:
Influx of construction workers into the area:
Construction traffic:
Archaeological findings:
Operation phase
Project Alternatives
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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1.1 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.
1.3 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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1.5 Methodology
After preliminary visits to the proposed site, the following were carried out in the
preparation of this document:
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2. PROJECT DESCRIPTION
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
3rd Floor
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4th Floor
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.
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.
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.
Roofing activities will include laying of iron sheets, and structural steel to the roof and
fastening the roofing materials to the roof.
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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.
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.
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.
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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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).
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.
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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.
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.
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.
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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).
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.
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.
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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.
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).
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.
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.
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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.
Plate 1: Vegetation along the riparian boundary of the proposed project site
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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.
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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.
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.
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.
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.
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.
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.
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.
4.2.4 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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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.
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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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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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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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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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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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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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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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
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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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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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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."
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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.
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.
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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.
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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.
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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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
5.7.3 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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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.
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Transport.
Archaeological findings and aesthetics.
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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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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.
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.
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.
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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
An increase in the number of vehicles within the area is anticipated which may lead to
congestion and pose a threat to accidental occurrences.
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.
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
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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.
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.
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.
Water for the project shall be extracted from the existing borehole that has been drilled on
site after obtaining abstraction permit from WRA.
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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.
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.
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.
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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.
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.
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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Soil Erosion Stage site clearance works so as to minimize the area of exposed soil at any given time.
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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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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.
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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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.
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.
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.
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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.
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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8.1 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.
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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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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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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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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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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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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.
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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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.
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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.
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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
62
Rambara Company Ltd - ESIA Study
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.
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
Director General,
Rambara Company Limited,
P 0 Box 897-40100
KISUMU
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.••••
PROJECT PROPONENT:
RECEIVED
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
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
is this day Incorporated under the Companies Act (Cap. 486) and that
the Company is LIMITED.
..........
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.
AUTHORITY 8540417
Certificate
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]
in accordance with the provision of the Environmental Management and Coordination Act Cap
387.
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
3.. .a./.41.
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# Name of Participant Position / Designation E-Mail Address Telephone Contact Signature
2
# Name of Participant Position/ Designation E-Mail Address Telephone Contact Signature
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?
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.
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:
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:
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2
Annex 6: Project Designs
Annex 7: WRA Riparian demarcation report