Eia - 785krc Eia Study Report

Environmental Impact Assessment Report. October, 2011.
ENVIROMENTAL IMPACT ASSESSMENT DETAILED STUDY REPORT FOR THE PROPOSED, BOUNDARY WALL, STOREY UNITS, MARKET STALLS, BRIDGES AND FOOTPATHS IN MUKURU AND KIBERA IN KENYA RAILWAY RESERVE
This Environmental Impact Assessment (EIA) Project Report is submitted to Kenya National Environmental Management Authority (NEMA) in conformity with the requirements of the Environmental Management and Coordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2003 PROPONENT: SUBMITTED BY
ECO PLAN MANAGEMENT LTD.
Environmental&Planning Services, P.O Box 45897-00100-Nairobi,Kenya, Cell 0722-740803/0735-689954. Email: info@ecoplanmanagement.com Website:www.ecoplanmanagement.com
KENYA RAILWAYS CORPORATION
Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.
DOCUMENT AUTHENTICATION This project report on Environmental Impact Assessment has been prepared by Eco Plan Management Co. Ltd consultants lead by registered and licensed EIA /EA lead Expert Irene C. Keino. We the undersigned, certify that the particulars in this report are correct and righteous to the best of our knowledge.
EIA/EA LEAD EXPERT: Signature .... Date Irene Cheptoo. Keino EIA/ EA Expert (Reg. No. 0447) PROPONENT: Kenya Railways Corporation (Representative) Designation.. Name Signature . Date
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ACKNOWLEDGEMENT The EIA/Audit Experts are grateful to the project proponent - Kenya Railways Corporation, for commissioning us to conduct this Environment Impact Assessment in respect of the proposed Project. We would like to further acknowledge with great appreciation all those neighbors who participated in the public consultation process for their cooperation throughout the exercise. We further acknowledge the support, either direct or indirect, from the various parties who assisted the EIA/EA experts team towards the successful completion of this report.
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Environmental Impact Assessment Report. October, 2011. ABBREVIATIONS EIA CPP EHS EA EMCA EMS ISO NEMA PSP TOR NEAP KPLC BS CC WSC SEM ERP VAT RAP PAPS Environmental Impact Assessment Consultation and Public Participation Environment, Occupational Health and Safety Environmental Audit Environmental Management and Coordination Act, 1999 Environmental Management System International Standards Organizations National Environment Management Authority Private Sector Participation Terms of Reference National Environmental Action Plan Kenya Power and Lighting Company British Standards County Council Water and Sewerage Company Sustainable Environmental Management Emergency Response Plans Value Added Taxes Relocation Action Plan Project Affected Persons
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Environmental Impact Assessment Report. October, 2011. EXECUTIVE SUMMARY Background The Government of Kenya is expecting to receive funds from World Bank to finance the construction of Boundary Wall, Storey Units, Market Stalls, Bridges and Footpaths in Mukuru and Kibera in Kenya Railwayline Reserve. The proposed Kenya railways corporation projects in Mukuru and Kibera will improve railway safety and operation. Therefore this Environmental Impact Assessment study has been commissioned in line with the requirements of the World Bank environmental and social policies, guidelines and assessment procedures in addition to those of National Environment and Management Authority (NEMA) as stated in The Environmental Management and Coordination Act (EMCA) 1999 and stipulated in the Environmental (Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101, before commencement of the project. The Kenya Railways Corporation was established by an Act of Parliament (Cap 397) of the Laws of Kenya, which was enacted on January 20th, 1978. The Act was amended through The Kenya Railways (Amendment) Act 2005 to make it possible for the Board of Directors to enter into concession agreements or other forms of agreements for the provision of rail transport services. The Kenya Railways Corporation (KRC) contracted its railway operation services to Rift Valley Railways (RVR), a private company, in April 2006. RVR commenced railway operations on November 1, 2006 and will operate freight and passenger services for 25 and 5 years respectively in Kenya and Uganda. RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa at the coast to Malaba in the west. Typically, the railway line has an exclusive corridor (referred to as a reserve) 60.6 meters wide throughout the network except at station yards and major depots where a larger railway reserve is provided. Despite the requirement to have a railway reserve free for railway operations and safety, parts of the railway reserve have been encroached upon. The railway reserve in both Kibera and Mukuru within the city of Nairobi is particularly encroached by large numbers of people who reside and/or carry out business within it. At several places on the railway reserve, markets have been established on either sides of the railway line. The line is used in these areas as a path for accessing the market stalls and by pedestrians moving to and from the city centre and the industrial area. The human encroachment on the reserve has several serious consequences, among them: Risk to human safety due to proximity to active railway traffic;
Environmental Impact Assessment Report. October, 2011. Risk to property in the event of accidents or derailments; Dumping of waste onto the railway track which impedes track drainage and compromises track stability; Exposure of maintenance personnel to unhygienic working conditions and disease due to disposal of faecal and other waste on the track; Slow train speeds which cause inordinate delay; Limited profitability for the concessionaire due to inability to increase freight carriage by an increase in operational speeds.
In light of the above factors, it is essential that a clear corridor of operation is established in Kibera and Mukuru to improve railway safety and operation. The Kenya railways corporation therefore proposes to construct a boundary wall, storey units, market stalls, bridges and footpaths so as to implement the relocation of people residing, undertaking business, or otherwise occupying the reserve (the 60-metre railway operation corridor). The Kenya Railways Corporations vision is to be a world class provider of rail and inland waterways transport. Its mission is to manage railway assets and services in the most efficient and innovative way to maximize performance. The economic recovery strategy for wealth and employment creation on the other hand aims at giving Kenyans a better deal in their lives and in their struggle to build a modern and prosperous nation. It aims to empower Kenyans and to provide them with a democratic political atmosphere under which all citizens can be free to work hard and engage in productive activities to improve their standards of living. Justification of the Proposed Project In recent times, real property sector has achieved a significant growth owing to the fact that many people are currently putting up domestic buildings to meet rising demand for such facilities in Kenya. Besides, the project will ensure that a clear corridor of operation is established in Kibera and Mukuru to improve railway safety and operation now and in the future. The central government will benefit in the form of Value Added Taxes (VAT) imposed on construction materials and various fees charged by different government institutions More importantly, the design of the project is well thought out and has taken into consideration all the necessary interventions needed to take care for mitigation of negative impacts on the environment and safeguard safety of construction workers. Project and Environmental Impact Assessment Objectives
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Environmental Impact Assessment Report. October, 2011. The project objective is to build a Boundary wall, Housing Units, Market Stalls, bridges and pavement footpaths, to provide decent and modern housing units with rooms for residential purposes. Currently, there is an encroachment of the railway line reserve by the Kibera and Mukuru residents due to shortage of buildings and at low cost in both areas for such functions. On the other hand the EIA study objectives for the proposed project were: To identify environmental economic, social and health impacts, To solicit views/opinion of the public and neighbors on the impacts of the project, and Develop an Environmental Management Plan for the project. Methodology Review of documents The consultant reviewed relevant documents relating to the assignments to have in-depth understanding and to gain sufficient background information regarding the project. A review of architectural drawing, various policies, regulatory and relevant legal documents was also carried out. Site Visits and Public Participation . Field visits were meant for physical inspections of the project site in order to gather information on the state of environment. Several photos of the project site were taken for inclusion in this report. The study also sought public opinion/views through Consultation and Public Participation (CPP) exercise. Questionnaires were administered to the public and interviews held with neighbors. The questionnaires have been included in this report. Proposed Project Cost The total calculated project cost is approximately KES 2,568,979,480 Million (USD 32,518,728). This value is exclusive of duties and taxes, wayleave costs and contingency. A detailed breakdown of costs associated with compensation for lost assets of project affected people is given in the RAP Report. Environmental Management and monitoring plan cost estimates are given in chapter 9 of this Report. Relevant Legislative and Legal Framework The project will comply with World Bank (WB) Environmental Guidelines on Projects and EIA Studies. There exist also a number of local legislations and regulations that the project shall have to comply with. The Environmental Management and Coordination Act, 1999 and regulations 2003 provide overall guidelines to project implementation. Together with several
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Environmental Impact Assessment Report. October, 2011. other local laws mentioned in Chapter Two of this report, these local legislations shall have to be complied with throughout the project life. Kenya is also a signatory to several international conventions, protocols and treaties and is therefore bound by the requirements of these conventions and protocols. Some of the relevant global policies include: The convention on biodiversity Convention on the conservation of migratory species The Ramsar Convention on wetlands Various World Bank Operational Policies United nations Framework Convention on Climate Change This Environmental Impact Assessment examined the potential positive and negative impacts of the project on the immediate surroundings with due regard to all the phases from construction, occupation and decommissioning. It encompassed all aspects pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its environs during and after construction. Environment, Health and Safety (EHS) section addresses environmental, health and safety concerns during projects cycle. The main objective of the EHS on the proposed project is to develop guidelines for protecting, managing and responding, processes, situations/conditions that might compromise health, safety and security of workers and ecological wellbeing. To avoid or reduce negative environmental impacts, mitigation measures were proposed and an environmental management plan (EMP) formulated. The proponent is also expected to observe recommendations in the Environmental Management Plan (EMP) and carry out annual environmental audits once the project is in operation. Some of the recommendations put forward include the following; All construction materials and especially sand, gravel, hardcore and wood must be sourced/procured from legalized dealers. Construction activities must be undertaken only during the day i.e. between 0700 hours to 1900 hours. This will minimize disturbance to the general public within the proximity of the site/project especially the residential estates. Traffic on the access road to the site should be controlled and informed during construction and especially when heavy trucks are turning in and out of the site. This will ensure that no accidents are caused by the sites activities. The development must be approved by the relevant Government Departments i.e. Physical planning, Ministry of Lands and Housing, health etc. the proponent should therefore follow the guidelines as set by the departments to safeguard and
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Environmental Impact Assessment Report. October, 2011. envisage environmental management principles during construction and operation phases of the proposed development. It is important that warning/informative signs (bill boards) be erected at the site. These should indicate the operation hours and when works are likely to be started and completed. All solid waste materials and debris resulting from construction activities must be disposed off at approved dumpsites. The wastes should be properly segregated and separated to encourage recycling of some useful waste materials; i.e. some excavated stone materials can be used as backfills. During construction, all loose soils must be compacted to prevent any erosion by wind or water. Other appropriate soil erosion control measures can be adapted. Any stockpiles of earth should be enclosed, covered or sprinkled with water during dry or windy conditions to minimize generation of rust particles into the air. Once earthworks have been done, restoration of the worked areas should be carried out immediately by backfilling, professional landscaping/leveling and planting of low grass in open areas), flowers and suitable tree species. Water is a setback in Kibera and Mukuru in general area and therefore the project proponent should look into modalities aimed at enhancing water supply to the proposed scheme and also give a hand in upgrading water supply systems in the neighborhood. NCC water supply system should be upgraded and water sourced from reliable sources; say from uplands. Rainwater harvesting systems should be provided as well as standard storage systems to every office floor unit; to enhance collection of the runoff generated from the roof catchments. Drains will be properly designed, installed and regularly maintained to prevent storm water (run-off) from accumulating within the site spreading to the neighborhood. These must effectively drain the storm water from the premise into the existing public drainage system to be developed along the access road. Proper and regular maintenance of construction machinery and equipment will reduce emission of hazardous fumes and noise resulting from friction of rubbing metal bodies. Heavy construction activities should be limited (or avoided) during the rainy season to minimize the chances of soil degradation (soil erosion). Maintenance activities must be carried out in service bay to reduce chances of oils or grease or other maintenance materials, from coming into contact with environment (water or soil). Wastewater from such areas must be refrained from coming into contact with solid mass or water bodies as it contains oil/grease spills. Used and new oils must be handled and stored appropriately to avoid oil leaks and spills on the site. Sewerage system must be properly designed within the site/office and effectively connected to the public sewer system. Design specifications must be followed
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Environmental Impact Assessment Report. October, 2011. during installation. Standard cleanliness and waste disposal facilities at construction site and during occupation must be maintained. Workers should be provided with complete personal protective equipment (PPE) and safety gear. They should have working boots, complete overalls, helmets, gloves, earmuffs, nose masks, goggles etc. A fully equipped first aid kit must be provided within the site. The contractor must have workmens compensation cover; the contractor is required to comply with workmens compensation Act as well as other relevant ordinance, regulations and Union Agreement. The contractor must provide adequate security during the construction period and especially during the night when there are no construction activities. A complete fire fighting system must be provided after completion of the project. The equipment is clearly provided in the design plan, and in the report. This must be installed or provided at strategic points.
Relocation Action Plan (RAP) Some persons will be displaced to have a railway reserve free for railway operations and safety. A compensation and relocation plan (CRP) has been prepared for project affected persons who will be relocated as a result of the intervention. This covers all costs of loss of shelter, trading stalls, loss of structure to house the business. Conclusion An Environmental Management Plan (EMP) outline has been developed to ensure sustainability of the site activities from construction through operation to decommissioning. The plan provides a general outlay of the activities, associated impacts, mitigation action plans and appropriate indicators for monitoring. Implementation timeframes and responsibilities are defined, and where practicable, the cost estimates for recommended measures are provided. There are also guidelines for addressing environmental health and safety. This project is recommendable for approval by the National Environment Management Authority (NEMA) for issuance of an EIA license subject to annual environmental audits after operating for one year. This will be in compliance with the Environmental Management and Coordination Act of 1999 and the Environmental Impact Assessment and Audit regulations, 2003.
Environmental Impact Assessment Report. October, 2011. TABLE OF CONTENTS DOCUMENT AUTHENTICATION ............................................................................................. ii ACKNOWLEDGEMENT ............................................................................................................. iii ABBREVIATIONS ........................................................................................................................ iv EXECUTIVE SUMMARY.............................................................................................................. v CHAPTER ONE: INTRODUCTION............................................................................................. 1 1.1 Project Background............................................................................................................ 1 1.2 Justification of the Proposed Project. ............................................................................... 2 1.3 Project and Environmental Impact Assessment Objectives. ........................................... 3 1.4 Scope of the EIA Study. ..................................................................................................... 3 1.5 Terms of Reference. ........................................................................................................... 3 1.6 Methodology. ..................................................................................................................... 4 1.6.1 Environmental Screening............................................................................................... 4 1.6.2 Environmental Scoping. ................................................................................................. 4 1.6.3 Desktop Study. ................................................................................................................ 6 1.6.4 Site Visits and Public Participation. .............................................................................. 6 1.6.5 Reporting......................................................................................................................... 6 CHAPTER TWO: PROJECT DESCRIPTION .............................................................................. 7 2.1 Site Location....................................................................................................................... 7 2.2 Description of the Project ................................................................................................. 7 2.2.1 The Wall.......................................................................................................................... 7 2.2.2 Relocation Units.............................................................................................................. 7 2.2.3 Traders Stalls .................................................................................................................. 8 2.2.4 Foot Bridges..................................................................................................................... 8 2.2.5 Water and Sewer Connections....................................................................................... 8 2.3 Project Justification............................................................................................................ 9 2.4 Construction activities Outline....................................................................................... 10 2.5 Construction Inputs/ Raw Materials............................................................................... 11 2.6 Technology and Activities............................................................................................... 11 2.7 Description of the Projects Construction Activities. .................................................... 11 2.7.1 Excavation / Earthworks. ............................................................................................. 11 2.7.2 Foundation and Masonry. ............................................................................................ 11 2.7.3 Electrical Works. .......................................................................................................... 12 2.7.4 Plumbing. ...................................................................................................................... 12 2.8 Staff Amenities:................................................................................................................ 12 2.8.1 Site Office ...................................................................................................................... 12 2.8.2 Site Workers Toilets: ................................................................................................... 12 2.8.3 Material Storage and Handling: ................................................................................... 12 2.8.4 Non-Hazardous Materials............................................................................................. 12 2.8.5 Hazardous Materials ..................................................................................................... 13
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Environmental Impact Assessment Report. October, 2011. 2.8.6 Bulk Construction Materials ........................................................................................ 13 2.8.7 Environmental, Health and Safety............................................................................... 13 2.8.8 Potential Environmental Impacts ................................................................................ 13 2.8.9 Proposed Mitigation Measures ..................................................................................... 14 2.9 Description of the Projects Operational Activities. ...................................................... 14 2.10 Projects Decommissioning Activities. ........................................................................... 14 2.11 Responsibilities ................................................................................................................ 15 2.11.1 Proponents Responsibilities. ....................................................................................... 15 2.11.2 Contractors Responsibilities. ....................................................................................... 15 2.12 Infrastructural Services:................................................................................................... 16 2.12.1 Roads and Accessibility ................................................................................................ 16 2.12.2 Sewage Disposal: ........................................................................................................... 16 2.12.3 Water Supply: ............................................................................................................... 16 2.12.4 Power Supply: ............................................................................................................... 17 2.12.5 Project Budget............................................................................................................... 17 CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA ............................ 18 3.1 Location of the Project Area ........................................................................................... 18 3.1 Climate ............................................................................................................................. 18 3.2 Topography ...................................................................................................................... 19 3.3 Physiography and Geology.............................................................................................. 19 3.4 Surface Water Resources ................................................................................................. 19 3.5 Environmental and Socio- Economic of Kibera and Mukuru....................................... 19 3.5.1 Kibera ............................................................................................................................ 19 3.5.1.1 The Area Ecology and Vegetation ..................................................................................20 3.5.1.2 Water .................................................................................................................................... 20 3.5.1.3 Sanitation, Liquid Waste and Drainage ......................................................................... 20 3.5.1.4 Solid Waste Management ................................................................................................. 21 3.5.1.5 Socio- Economic activities................................................................................................21 3.5.2 Mukuru Slum ................................................................................................................ 22 3.6 Transport .......................................................................................................................... 22 3.7 Energy Supply .................................................................................................................. 23 CHAPTER 4: RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORKS ............... 24 4.1 World Bank Safeguard Policies....................................................................................... 24 4.1.1 Environmental Assessment: OP/BP 4.01..................................................................... 24 4.1.2 Natural Habitats: OP/BP 4.04....................................................................................... 24 4.1.3 Forests: OP/BP 4.36 ...................................................................................................... 25 4.1.4 Physical Cultural Resources: OP/BP 4.11.................................................................... 25 4.1.5 Indigenous Peoples: OP/BP 4.10 .................................................................................. 26 4.1.6 Involuntary Resettlement: OP/BP 4.12 ....................................................................... 26 4.1.7 Projects in International Waters: OP 7.50 .................................................................. 27 4.1.8 Projects in Disputed Areas: OP 7.60 ............................................................................ 28
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Environmental Impact Assessment Report. October, 2011. 4.2 Kenyas Environmental Legal Framework ..................................................................... 28 4.2.1 The Environment Management and Co-ordination Act, 1999 .................................. 28 4.2.2 Kenya Railways Corporation Act (Cap. 397, 1979)..................................................... 29 4.2.3 Public Health Act (Cap. 242) ....................................................................................... 30 4.2.4 Local Authority Act (Cap. 265) .................................................................................... 30 4.2.5 Waste Management Standards (Legal Notice 121: The Environmental Management .32 4.2.6 Waste Management Standards (Legal Notice 120: The Environmental Management .32 4.2.7 Waste Management Standards (Legal Notice 61: The Environmental Management ....33 4.2.8 Physical Planning Act, 1996 ........................................................................................ 33 4.2.9 Land Planning Act (Cap. 303) ...................................................................................... 35 4.2.10 Water Act, 2002 ............................................................................................................ 35 4.2.11 Electricity Power Act (No. 11 of 1997) ....................................................................... 36 4.2.12 Building Code 1968....................................................................................................... 36 4.2.13 Penal Code Act (Cap.63)............................................................................................... 36 4.2.14 Wildlife Conservation and Management Act, Cap 376 .............................................. 37 4.2.15 The Lakes and Rivers Act Chapter 409 Laws of Kenya: ............................................. 37 4.2.16 Forestry Services Act, 2005 .......................................................................................... 37 4.2.17 Occupational Safety and Health Act (OSHA), 2007 ................................................... 38 4.2.17.1 Health ................................................................................................................................. 38 4.2.17.2 Safety .................................................................................................................................. 38 4.2.17.3 Welfare...............................................................................................................................38 4.2.18 The Traffic Act Chapter 403 Laws of Kenya ............................................................... 39 4.2.19 Food Drugs and chemicals substances Act (Cap 254) ................................................. 39 4.2.20 The Way leaves Act Cap 292........................................................................................ 39 4.2.21 The Registration of Titles Act Cap 281........................................................................ 40 4.2.22 The Land Titles Act Cap 282 ........................................................................................ 40 4.2.23 The Land Acquisition Act Chapter 295 Laws of Kenya.............................................. 40 4.2.24 Environmental Vibration Pollution (Control) Regulations, 2009 ............................. 41 4.3 Relevant Policies.............................................................................................................. 43 4.3.1 Draft National Wetlands Conservation and Management 2003 ................................ 43 4.3.2 Draft Environmental Policy 1999 ................................................................................ 44 4.3.3 Waste Management ...................................................................................................... 44 4.3.4 Environmental Challenges ........................................................................................... 44 4.4 Relevant International Conventions and Treaties ......................................................... 45 CHAPTER FIVE: CONSULTATION AND PUBLIC PARTICIPATION .................................. 46 5.1 Sources of Information .................................................................................................... 46 5.2 Major Environmental Concerns /Opinions .................................................................... 46 5.2.1 Noise and Vibration...................................................................................................... 46
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Environmental Impact Assessment Report. October, 2011. 5.2.2 Water Shortage ............................................................................................................. 46 5.2.3 Dust Generation............................................................................................................ 46 5.2.4 Transport Trucks........................................................................................................... 46 5.2.5 Environmental Aesthetics ............................................................................................ 47 5.2.6 Employment Opportunities ......................................................................................... 47 5.2.7 Social and Economic Effects......................................................................................... 47 5.3 Other Concerns................................................................................................................ 47 5.4 Positive Comments about the Project from the Participants ........................................ 48 5.5 Suggestions Made By the Participants ............................................................................ 48 5.6 Community and Stakeholder Engagement..................................................................... 48 CHAPTER SIX: ANALYSIS OF ALTERNATIVES OF THE PROJECT ................................... 50 6.1 Introduction ..................................................................................................................... 50 6.3 Proposed construction alternative .................................................................................. 50 6.4 No Project Alternative..................................................................................................... 51 6.5 Analysis of Alternative Construction Materials and Technology................................. 51 6.6 Solid waste management alternatives............................................................................. 52 6.7 Uncertainties in the Project Cycle .................................................................................. 52 CHAPTER SEVEN: IMPACTS OF THE PROPOSED PROJECT .............................................. 53 7.1 Introduction ..................................................................................................................... 53 7.2 Positive Impacts during Construction Phase ................................................................. 53 7.2.1 Employment Opportunities ......................................................................................... 53 7.2.2 Gains in the Local and National Economy .................................................................. 53 7.2.3 Provision of Market for Supply of Building Materials................................................ 54 7.2.4 Informal Sectors Benefits ............................................................................................. 54 7.2.5 Environmental Benefits................................................................................................ 54 7.2.6 Improved Security ........................................................................................................ 54 7.3 Negative Impacts during Construction Phase ................................................................ 54 7.3.1 Increased Soil Erosion................................................................................................... 54 7.3.2 Vegetation clearing....................................................................................................... 55 7.3.3 Extraction and use of raw materials............................................................................. 55 7.3.4 Exhaust Emissions......................................................................................................... 55 7.3.5 Noise and Vibration...................................................................................................... 56 7.3.6 Storage of materials....................................................................................................... 56 7.3.7 Dust emissions............................................................................................................... 56 7.3.8 Water Use...................................................................................................................... 56 7.3.9 Drainage ........................................................................................................................ 56 7.3.10 Storm water runoff ....................................................................................................... 56 7.3.11 Liquid waste generation (grey water) .......................................................................... 57 7.3.12 Liquid waste generation (black water) ........................................................................ 57 7.3.13 Solid Waste Generation................................................................................................ 57 7.3.14 Energy Consumption .................................................................................................... 57
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Environmental Impact Assessment Report. October, 2011. 7.3.15 Risks of Accidents and Injuries to Workers ................................................................ 58 7.3.16 Clearance of Temporary Shades................................................................................... 58 7.4 Positive impacts of Operational activities ...................................................................... 59 7.4.1 Provision of business facilities ..................................................................................... 59 7.4.2 Employment Opportunities ......................................................................................... 59 7.4.3 Revenue to National and Local Governments ............................................................ 59 7.4.4 Improved Security ........................................................................................................ 59 7.4.5 Water and Sanitation.................................................................................................... 60 7.4.6 Drainage ........................................................................................................................ 60 7.4.7 Track maintenance improvement................................................................................ 60 7.4.8 Infrastructure Growth .................................................................................................. 60 7.4.9 Pedestrian Traffic.......................................................................................................... 60 7.4.10 Improvement of Commuter Service ............................................................................ 60 7.4.11 Improved Livelihood .................................................................................................... 60 7.5 Negative Impacts of Operational Activities ................................................................... 61 7.5.1 Solid Waste Generation................................................................................................ 61 7.5.2 Water Use...................................................................................................................... 61 7.5.3 Waste Waters/ Effluence.............................................................................................. 61 7.5.4 Increased Demand for Sanitation................................................................................. 61 7.5.5 Increased Storm Water Flow. ...................................................................................... 61 7.5.6 Energy Consumption. ................................................................................................... 61 7.5.7 Loss of Social Networks ................................................................................................ 62 7.5.8 Loss of Business and Property ...................................................................................... 62 7.5.9 Energy Consumption .................................................................................................... 62 7.6 Positive Impacts of Decommissioning Activities ........................................................... 62 7.6.1 Rehabilitation................................................................................................................ 62 7.6.2 Employment Opportunities ......................................................................................... 62 7.7.1 Solid Waste.................................................................................................................... 62 7.7.2 Dust................................................................................................................................ 63 7.7.3 Noise and Vibration...................................................................................................... 63 7.8 IMPACTS MITIGATION AND MONITORING ........................................................... 63 7.8.1 Mitigation of Construction Phase Impacts .................................................................. 63 7.8.1.1 Efficient Sourcing and Use of Raw Materials ...............................................................63 7.8.1.2Earth works ..........................................................................................................................64 7.8.1.3 Minimization of Vegetation Disturbance ...................................................................... 64 7.8.1.4 Minimization of Storm Water Run-off and Soil Erosion ........................................... 65 7.8.1.5 Minimization of Construction Waste ............................................................................ 65 7.8.1.6 Reduction of Dust Generation and Emission ...............................................................67 7.8.1.7 Particulate emissions ........................................................................................................ 67 7.8.1.8 Minimization of Exhaust Emissions .............................................................................. 67 7.8.1.9 Minimization of Noise and Vibration ............................................................................ 67
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Environmental Impact Assessment Report. October, 2011. 7.8.1.10 Liquid waste generation .................................................................................................. 68 7.8.1.11 Controlling Oil Spills during Construction Phase .....................................................68 7.8.1.12 Minimization of Water Use ...........................................................................................68 7.8.2 Reduction of Risks of Accidents and Injuries to Workers ......................................... 68 7.8.2.1 Emergency preparedness & evacuation procedures ................................................... 68 7.8.2.2 Fire hazards .........................................................................................................................68 7.8.2.3 Electrical safety ...................................................................................................................69 7.8.2.4 Occupational Safety and Health (OSH) ......................................................................... 69 7.8.2.5 Workers Welfare ................................................................................................................69 7.8.2.6 Reduction of Energy Consumption ................................................................................70 7.8.2.7 Ergonomics ..........................................................................................................................70 7.8.2.8 Machinery / equipment safety .........................................................................................70 7.8.3 Site Organization ......................................................................................................... 71 7.8.3.1 Personal health ...................................................................................................................71 7.8.3.2 Scavengers and Vermin ..................................................................................................... 71 7.8.3.2 Increased Pressure on Infrastructure ............................................................................. 71 7.9 MITIGATION OF OPERATION PHASE IMPACTS .................................................... 72 7.9.1 Ensuring Efficient Solid Waste Management ............................................................. 72 7.9.2 Minimization of Sewage Release ................................................................................. 72 7.9.3 Ensure Efficient Energy Consumption ........................................................................ 72 7.9.4 Ensure Efficient Water Use .......................................................................................... 72 7.9.5 Encroachment on Privacy ............................................................................................ 72 7.9.6 Public health ................................................................................................................. 73 7.9.7 Accidents ....................................................................................................................... 73 7.9.8 Odours ........................................................................................................................... 73 7.9.9 Scavengers and Vermin ................................................................................................ 73 7.10 Mitigation of Decommissioning Phase Impacts............................................................. 73 7.10.1 Efficient Solid Waste Management ............................................................................. 73 7.10.2 Reduction of Dust Concentration ................................................................................ 74 7.10.3 Minimization of Noise and Vibration.......................................................................... 74 7.10.4 Site Rehabilitation after Decommissioning................................................................. 74 7.11 Matrices ............................................................................................................................ 74 7.11.1 The anticipated Impacts ............................................................................................... 75 CHAPTER EIGHT: ENVIRONMENT, HEALTH AND SAFETY (EHS). ................................. 78 8.0 Introduction ........................................................................................................................... 78 8.1 Guidelines for EHS. ......................................................................................................... 78 8.2 Obligations in Environment, Health and Safety............................................................ 78 8.2.1 The Contractor.............................................................................................................. 78 8.2.2 Drivers. .......................................................................................................................... 79 8.2.3 Welders. ........................................................................................................................ 79 8.3 Fire Preparedness............................................................................................................. 79
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Environmental Impact Assessment Report. October, 2011. CHAPTER NINE: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN. ................ 80 9.2 Operational Phase EMP................................................................................................... 89 9.3 Decommissioning Phase EMP......................................................................................... 91 9.4 Environmental Monitoring. ............................................................................................ 93 9.6 Organization and Implementation ................................................................................. 98 CHAPTER TEN: CONCLUSION AND RECOMMENDATIONS. .......................................... 100 10.1 RECOMMENDATIONS ................................................................................................ 100 10.2 CONCLUSION ............................................................................................................... 101 APPENDICES............................................................................................................................. 103 1. Approved Architectural Drawings ............................................................................... 103 2. Site Plates ....................................................................................................................... 104
LIST OF FIGURES
Fig: 2.1 Fig: 2.2 Fig: 3.1 Fig: 3.2 Fig: 7.1 Fig: 7.2 Fig: 9.1 Kibera 3 dimensional solutions as proposed................................................................... 7 Boundary Wall and relocation unit solution as proposed ............................................. 8 A map of the project area in kibera .............................................................................. 18 Vegetation at Kibera ...................................................................................................... 20 Trading Stalls ................................................................................................................. 59 Kenya Railway Track..................................................................................................... 59 Summary of institutional arrangements....................................................................... 99
LIST OF TABLES
Table: 2.3 Table: 4.1 Table: 4.2 Table: 4.3 Table: 4.4 Table: 9.1 Table: 9.2 Table: 9.3 Cost estimates for the entire project......................................................................... 17 Summary of World Bank Safeguard Policies ........................................................... 28 Quality Standards for Sources of Domestic Water .................................................. 33 Maximum Permissible Noise Levels ......................................................................... 41 Maximum Permissible Noise Levels for Construction Sites.................................... 42 Environmental Management Plan during Construction Phase .............................. 80 EMP of the Operation Phase..................................................................................... 91 Environmental Management & Monitoring Plan for Decommissioning Phase .... 92 SITE PLATES Plate 1. Plate.2 Plate.4: Plate 5 Plate 6. EIA public consultation team..................................................................................... 104 Dumping of solid waste in Kibera ........................................................................... 104 Business on the railway operation reserve.............................................................. 105 A pipe line running to a railway line ......................................................................... 106 Modern agriculture practiced in the railway reserve ................................................. 106
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Environmental Impact Assessment Report. October, 2011. CHAPTER ONE: INTRODUCTION 1.1 Project Background
The Kenya Railways Corporation was established by an Act of Parliament (Cap 397) of the Laws of Kenya, which was enacted on January 20th, 1978. The Act was amended through The Kenya Railways (Amendment) Act 2005 to make it possible for the Board of Directors to enter into concession agreements or other forms of agreements for the provision of rail transport services. The Kenya Railways Corporation (KRC) contracted its railway operation services to Rift Valley Railways (RVR), a private company, in April 2006. RVR commenced railway operations on November 1, 2006 and will operate freight and passenger services for 25 and 5 years respectively in Kenya and Uganda. RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa at the coast to Malaba in the west. Typically, the railway line has an exclusive corridor (referred to as a reserve) 60.6 meters wide throughout the network except at station yards and major depots where a larger railway reserve is provided. The Kenya Railways Corporations vision is to be a world class provider of rail and inland waterways transport. Its mission is to manage railway assets and services in the most efficient and innovative way to maximize performance. Despite the requirement to have a railway reserve free for railway operations and safety, parts of the railway reserve have been encroached upon. The railway reserve in both Kibera and Mukuru within the city of Nairobi is particularly encroached by large numbers of people who reside and/or carry out business within it. At several places on the railway reserve, markets have been established on either sides of the railway line. The line is used in these areas as a path for accessing the market stalls and by pedestrians moving to and from the city centre and the industrial area. The human encroachment on the reserve has several serious consequences, among them: Risk to human safety due to proximity to active railway traffic; Risk to property in the event of accidents or derailments; Dumping of waste onto the railway track which impedes track drainage and compromises track stability; Exposure of maintenance personnel to unhygienic working conditions and disease due to disposal of faecal and other waste on the track; Slow train speeds which cause inordinate delay;
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Environmental Impact Assessment Report. October, 2011. Limited profitability for the concessionaire due to inability to increase freight carriage by an increase in operational speeds.
In light of the above factors, it is essential that a clear corridor of operation is established in Kibera and Mukuru to improve railway safety and operation. The Kenya railways corporation therefore proposes to construct a boundary wall, storey units, market stalls, bridges and footpaths so as to implement the relocation of people residing, undertaking business, or otherwise occupying the reserve (the 60-metre railway operation corridor). The Government of Kenya is expecting to receive funds from World Bank to finance the construction of Boundary Wall, Storey Units, Market Stalls, Bridges and Footpaths in Mukuru and Kibera in Kenya Railwayline Reserve. The proposed Kenya railways corporation projects in Mukuru and Kibera will improve railway safety and operation. Therefore this Environmental Impact Assessment study has been commissioned in line with the requirements of the World Bank environmental and social policies, guidelines and assessment procedures in addition to those of National Environment and Management Authority (NEMA) as stated in The Environmental Management and Coordination Act (EMCA) 1999 and stipulated in the Environmental (Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101, before commencement of the project. The study conducted conformed to the requirements of the World Bank environmental and social policies, guidelines and assessment procedures in addition to those of National Environment and Management Authority (NEMA) as stated in The Environmental Management and Coordination Act (EMCA) 1999 and stipulated in the Environmental (Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101. This Environmental Impact Assessment is identify both positive and negative impacts of the proposed project to the environment and propose mitigation measures in the Environmental Management Plan developed to address potential negative impacts, during the construction, operation and decommissioning phases of the project, for overall environmental sustainability. 1.2 Justification of the Proposed Project.
In recent times, real property sector has achieved a significant growth owing to the fact that many people are currently putting up domestic buildings to meet rising demand for such facilities in Kenya. Besides, the project will ensure that a clear corridor of operation is established in Kibera and Mukuru to improve railway safety and operation now and in the future.
Environmental Impact Assessment Report. October, 2011. The central government will benefit in the form of Value Added Taxes (VAT) imposed on construction materials and various fees charged by different government institutions More importantly, the design of the project is well thought out and has taken into consideration all the necessary interventions needed to take care for mitigation of negative impacts on the environment and safeguard safety of construction workers. 1.3 Project and Environmental Impact Assessment Objectives.
The project objective is to build a Boundary wall, Housing Units, Market Stalls, bridges and pavement footpaths, to provide decent and modern housing units with rooms for residential purposes. Currently, there is an encroachment of the railway line reserve by the Kibera and Mukuru residents due to shortage of buildings and at low cost in both areas for such functions. On the other hand the EIA study objectives for the proposed project were: To identify environmental economic, social and health impacts, To solicit views/opinion of the public and neighbors on the impacts of the project, and Develop an Environmental Management Plan for the project. 1.4 Scope of the EIA Study.
Arising from above objectives (Project and EIA), the scope of Environmental Impact Assessment include the following: The baseline conditions of the project area, Description of the proposed project, Relevant legislative, policy and administrative frameworks, Views/opinions of the public, Identification of significant adverse impacts to the environment, Mitigation measures to adverse impacts, and An Environmental Management Plan for the proposed project. 1.5 Terms of Reference.
In January 2011 the proponent contracted EIA/EA experts to conduct an Environmental Impact Assessment study for the proposed boundary wall residential, housing units, Market stalls, bridges and pavement footpaths development. Terms of reference, which, defined duties of the expert were as follows: The proposed location of the project The objectives of the project A concise description of the national environmental legislative and regulatory framework, baseline information and any other relevant information related to the project
Environmental Impact Assessment Report. October, 2011. The technology, procedures and processes to be used, in the implementation of the project The products, byproducts and waste generated by the project A description of the potentially affected environment The environmental effects of the project including the social and cultural effects and the direct, indirect, cumulative, irreversible, short term and long term effects anticipated Alternative technologies and processes available and reasons for preferring the chosen technology and processes Analysis of alternatives including project site, design and technologies and the reasons for preferring the proposed site design and technologies An environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment, including the cost, time frame and responsibility to implement the measures Provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the course of carrying out activities or major industrial and other development projects The measures to prevent health hazards and to ensure security in the working environment for the employees and for the management of emergencies An identification of gaps in knowledge and uncertainties which were encountered in compiling the information An economic and social analysis of the project An indication of whether the environment of any other state is likely to be affected and the available alternatives and mitigating measures and Such other matters as the authority may require
1.6 1.6.1
Methodology. Environmental Screening.
Environmental screening was carried out to determine whether an EIA study is necessary for this project and at what level of evaluation. This took into consideration the requirements of the Environmental Management and Coordination Act (EMCA), 1999, and specifically the second schedule of the same act. From the screening process, it was understood that this project will cause significant impacts on the environment. 1.6.2 Environmental Scoping.
In scoping, focus was on environmental impacts of great concern. Environmental issues were categorized into physical, natural/ecological and social, economic and cultural aspects.
Environmental Impact Assessment Report. October, 2011. Impacts were also classified as immediate and long-term impacts. This will include assessment of the proposed project in respect of but not limited to: Project Background: this will give the brief history of the proposed project site, the parties involved and justification of the project in terms of demand or lack of the same, the project area, relevant policy and legislation, identification of any associated project, or any planned projects including products within the region which may compete for the same resources; the project including products, byproducts, processes both at implementation and operational level, resources required for successful implementation and operation of the project and the different options considered. The proposed project objectives; both in the short and long run; and how they are linked to the overall objectives. Present environmental conditions; description of the project site, ecological zoning as well as the state of the environment and its surroundings. Attempts will state if it is already suffering from degradation. If the latter is true, the causes of the original degradation will be established and if possible, the state of the environment before the observed degradation, Identification of Environmental Impacts; the report will distinguish between significant positive and negative impacts, direct and indirect impacts and immediate and long term impacts which are unavoidable and / or irreversible, Analysis of the alternatives to the proposed project; this will involve description of alternatives and identifying alternatives that would achieve the same objectives. Alternatives will be compared in terms of potential environmental impacts; capital and operating costs; suitability under local conditions; and institutional training and monitoring requirements. Community/ Stakeholder Consultations: these will be undertaken to determine how the project will affect the local people / various stakeholders. Cost- Benefit Analysis; to evaluate the economics of the project and establish its viability in terms of the expected environmental concerns and measures. Evaluation; an indication of how the information gathered will be evaluated to give optimum results; Development of an Environmental Management Plan (EMP); to mitigate negative impacts, recommending feasible and cost effective measures to prevent or reduce significant negative impacts to acceptable levels,
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Development of a Monitoring Plan; this will be used in monitoring the implementation of the mitigation measures and the impacts of the project during construction and operational phases, including an estimate of capital and operational costs, and Make necessary recommendations pertaining to the proposed development. Desktop Study.
1.6.3
This involved review of project documents, architectural drawings, World Bank safeguards policies, revised NEMA guidelines, legal and institutional frameworks. Documents containing climatic, demographic and hydrological data for Kibera and Mukuru regions were also relied upon. 1.6.4 Site Visits and Public Participation.
Field visits were meant for physical inspections of the project site in order to gather information on the state of environment. Several photos of the project site were taken for inclusion in this report. The study also sought public opinion/views through Consultation and Public Participation (CPP) exercise. Questionnaires were administered to the public and interviews held with neighbors. The questionnaires have been included in this report. 1.6.5 Reporting. In the entire exercise, the proponent and EIA experts contacted each other on the progress of the study and signing of various documents. The proponent will have to submit ten copies of this report alongside a CD to the National Environment Management Authority for review and issuance of an EIA license. All the materials and workmanship used in the execution of the work shall be of the best quality and description .Any material condemned by the architect shall be removed from the site at the contractors cost. Environmental concerns need to be part of the planning and development process and not an afterthought. It is therefore advisable to avoid land use conflicts with the surrounding area through the implementation of the Environmental Management Plan (EMP). .
Environmental Impact Assessment Report. October, 2011. CHAPTER TWO: PROJECT DESCRIPTION 2.1 Site Location
The project area stretches from the 534/6 km mark to the 539/9 km mark within the NairobiKibera section (5.3 Km) and Likoni Road to Mombasa Road within the Makadara- Embakasi section (7 Km) totaling some 12.3 Kilometers. 2.2 2.2.1 Description of the Project The Wall
This wall is 20m away from the centre of the railway line and it is 9 meters high. It acts as the back of the traders stalls and the 2 storey relocation units. The wall is a reinforced concrete frame with masonry infill. This wall will run all the way from Km. 534.600 to Km. 539.900 on both sides of the railway line.
The either side wall is 9m high and 20 m from the centre of the railway line. The footbridge is 5.2 high. Landscaping and growing trees will be done as shown in the fig 2.1.
Fig: 2.1 Kibera 3 dimensional solutions as proposed
2.2.2
Relocation Units
The basic relocation unit comprises of single room spaces with a total area of 20m2. This space comprises a kitchenette and sleeping area enclosed with a curtain screen. The cooking space has a worktop incorporated with single drain sink and MDF base cabinet and high level cabinet. The floor is screed and the wall is constructed from masonry infill. The unit is linked from the ground floor level with a common staircase. An individual WC and shower are provided. There are 3192 total number of units on 1st and 2nd levels. Each unit is 5.0x4 metres. The solution has 18 units per 100m.Each relocation unit is self contained with a wc and shower and has a kitchen sink, a work top and ample storage and 3 public staircases for every 100m.
Fig: 2.2 Boundary Wall and relocation unit solution as proposed
2.2.3
Traders Stalls
For purposes of creating business opportunities, business stalls have been designed as part of the structure at the ground floor level. The design of the traders stall spaces is based on the same formal typology as the residential units in order to allow easy adaptation of the spaces into either the residential units or the institutional function. The 20m2 space has been subdivided into 3No. Traders' stall of which each space has an area of 6.0 m2 .The floor is screed and the stalls share a common steel door with a vent. 2.2.4 Foot Bridges
The foot bridge links the two footpaths on each side across the wall at strategic points within the railway line. These bridges will be 3 in Number and the height of each footbridge is 5.2metres as per the Kenya Railways bridge standards. 2.2.5 Water and Sewer Connections
To make these relocation units and stalls habitable, a properly designed sanitation in the form of a clean water supply for the occupants domestic consumption and a proper sewerage disposal system. This will be provided by Nairobi Water and Sewerage Company (NWSC) which is the government institution dealing with water and sanitation in Nairobi. (a) Description of Kibera Measures
Environmental Impact Assessment Report. October, 2011. This section contains a description of measures proposed with regard to relocations and creation of a safety corridor along the line through Kibera. The description starts at the road bridge over the railway at km 534.600, which is the part closest to Nairobi city centre, and ends at km539.900 equal to km 5.3. The directions right and left (of the railway) refer to viewing the railway in this direction right is generally north of the rail line, and left is south of the line. From the road bridge over the railway at km534.600 to km534.770 to the left, the railway runs into a cutting. The new 3.0m concrete paving blocks footpath, is situated 24 meters away from the centre of the rail. 20m away from the rail centre, traders stalls and 2storey relocation units and wall are to be done. This footpath starts at an existing road and is one of the main entrances into the area. To the right, the same solution applies. It is important to implement this design solution in order to prevent people from walking in the railway cutting running parallel to the track. (b) Relocation Facilities for Mukuru A total of 1490 residential and 1539 business relocation units will be constructed in the RoW between the Lunga Lunga and Likoni Bridges for resettlement of the Mukuru PAPs. The proposed relocation area is within the RoW past Makadara Station Km. 525.00 through Likoni Bridge (Km. 526.500) to behind Makongeni estate Km 527.750 representing a stretch of 2.75 Km on one side for resettlement, leaving 50 meters of the right of way for railway development. To maintain the integrity of the existing KRC Master-Plan, construction of relocation units will be undertaken only on one side of the track (immediately behind Mbotela and Makongeni estates). This will ensure that the opposite side is fully available for KRCs marshalling yard expansion. A solution similar to what is proposed for Kibera is recommended. The solution provides a 9 metre concrete wall with relocation facilities on three levels. This solution is designed within 10 metres at the outer edge of the reserve leaving 20 metres on one side of the track for railway operations, safety and expansion. The concrete wall with relocation facilities on one side of the track will prevent further encroachment as the PAPs relocated to the facilities along the wall will form a buffer for the wall against vandalism and misuse. The residential and business facilities constructed against the wall shall be permanent and shall be of a quality that ensures an acceptable standard of living. They shall be provided with adequate infrastructure and services such as water, sanitation, drainage and electric wiring. 2.3 Project Justification
Kenya Railways Corporation operates a total rail network of 1920 kilometers. The main line runs from Mombasa, at the coast to Malaba in the west. Typically, the railway line has an
Environmental Impact Assessment Report. October, 2011. exclusive corridor, 60.6 meters wide throughout the network except at station yards and major depots where a larger railway reserve is provided. Despite the requirement to have a railway reserve free for railway operations and safety, parts of the railway reserve have been encroached upon. The railway reserve in both Kibera and Mukuru, within the city of Nairobi, is particularly encroached by large numbers of people who reside and/or carry out business within it. At several places, markets have been established on both sides of the railway line with the railway line being used as a path not only for accessing the market stalls, but also for pedestrian traffic moving to and from the city centre and the industrial area. The result of this encroachment is extensive human activities with the following shortcomings: Risk to human safety during normal train operation due to peoples proximity to active railway traffic. Exposure to unacceptable risk and danger to the people, structures and property within the reserve in the event of accidents or derailments. Trains can only move through the area at low speed, which causes inordinate delays. Excessive human traffic and businesses operated in the area results in waste and rubbish being dumped on to the railway tracks, which impedes track drainage and compromises the stability of the track. As a result of solid waste disposal (including faecal matter) on the track, maintenance personnel are exposed to very unhygienic working conditions. In addition, since the concessionaire expects to improve freight carriage, it will be essential that it increases operational speeds throughout the railway system.
The above factors make it necessary to establish a clear corridor of operation in Kibera and Mukuru to improve railway safety and operation. It is therefore proposed to construct housing units, boundary wall and paved footpaths to implement the relocation of people residing, undertaking business, or otherwise occupying the reserve within the entire 60metre railway operation corridor. 2.4 Construction activities Outline
Construction activities will involve the following: i. ii. Site preparation (clearance of existing vegetation, preparation of a site office and stores, fencing to avoid intrusion), Disposal of excavation and site clearance wastes,
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Environmental Impact Assessment Report. October, 2011. iii. iv. v. vi. vii.
viii.
Landscaping, earth moving and filling Procurement of construction materials and delivery of the same to the site, Civil, mechanical, and electrical works, Building works, trampling and removal of construction wastes, Storage and utilization of materials, Solid waste collection and commissioning of the project.
2.5
Construction Inputs/ Raw Materials.
The construction and operation phases of this project will utilize a lot of inputs and raw materials. The proponent and contractor are expected to procure building materials from NEMA licensed dealers. Besides, they must meet both local and international safety and quality standards. Main inputs during construction include building bocks, sand, gravel, hand cut construction stones, timber for making structural formwork and interior design, and floor tiles. Others are concrete blocks, pre-cast units for drains, PVC pipes for sewer and water reticulation, roofing tiles, water tanks and concrete gutters. Window casement and glasses, earthmovers, spades and other hand held tools are also to be used during construction. 2.6 Technology and Activities.
The contractor shall employ modern and best building technologies. They should not be inferior to locally and internationally established building standards. Construction of these units will involve ground excavations; making foundations; building courses; and roofing. This will be followed by fixing water pipes, connection to the city council sewer system and furnishing the building. 2.7 2.7.1 Description of the Projects Construction Activities. Excavation / Earthworks.
In order to prepare the site for construction of the boundary wall, housing units, Market stalls and Bridges a lot of excavations will be carried out. In this regard, heavy earthmoving machinery and human labor will be relied upon. Debris and excavate materials from earthworks, especially soil and stones will be used in various construction activities while those of no use will be dumped in sites approved by the Council. A section of site used to e a quarry some time back and therefore some area is partly excavated prematurely. 2.7.2 Foundation and Masonry.
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Environmental Impact Assessment Report. October, 2011. Completion of excavations will be followed with setting a foundation for the boundary wall, housing unit and bridges. Thereafter masonry which entails building courses, floors, pavements, drainage systems will take place. Other masonry activities include stone carvings, concrete mixing, and plastering, slab construction, reinforcing walls/lintels and curing of walls. 2.7.3 Electrical Works.
Electrical work during will involve installation of electrical gadgets and appliances including electrical cables, lighting apparatus, sockets etc. In addition, there will be other activities involving the use of electricity such as welding and metal cutting. 2.7.4 Plumbing.
Plumbing will entail fixing pipes water pipes and conduits to the Nairobi City Council sewer system. Likewise, storm water will be channeled to a peripheral storm water drainage system. Plumbing activities include metal and plastic cutting, the use of adhesives, metal grinding and wall drilling among others. 2.8 2.8.1 Staff Amenities: Site Office
The proposal is to construct a modest site office and a sample materials store with iron sheet walls and timber framing and concrete floor. The roof will be made using iron sheets whereas the ceiling board will be constructed using soft board on timber framing. 2.8.2 Site Workers Toilets:
The developer will put up water borne toilets adjacent to the office to be used by the construction staff. The foul water drainage will be connected to the Nairobi City Council sewerage system on site. 2.8.3 Material Storage and Handling:
All materials to be used shall conform to the Kenya Bureau of standards requirements for quality or equal and approved. 2.8.4 Non-Hazardous Materials
The store for non-hazardous materials will be accommodated within the site office.
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Environmental Impact Assessment Report. October, 2011. Materials to be stored in this store shall include samples for review by consultants and inspectors. 2.8.5 Hazardous Materials
Hazardous materials shall include paints, oil, grease and fuel. The store for these materials shall have iron sheet walling and roof and a waterproof concrete floor to contain spills. Storage and handling of all Hazardous chemicals shall be in accordance with manufacturers instructions as outlined on the material safety data sheets. 2.8.6 Bulk Construction Materials
The bulk materials to be stored on site include: sand, ballast, stones, cement, quarry chips and timber. These materials will be sourced from eastern and Nairobi provinces. However, to avoid material accumulation with potential for obstructing site activities, inducing safety hazards and creating a nuisance in the neighborhood, the main contractor intends to have materials delivered in small quantities. Timber will be used mainly for roofing, formwork, ceiling, joinery and other carpentry needs. Most joinery works will be fixed at a workshop located outside the site before being delivered ready for installation. Formwork timber will be fixed at the site. Consideration will be given to the working area and material storage requirements to ensure there is no conflict with the movement of the workers. 2.8.7 Environmental, Health and Safety
Issues Associated with Material Handling & Storage. 2.8.8 Spills of materials Direct contact Fire Smelly emissions Stockpiling of bulk material
Potential Environmental Impacts Adverse human health Loss of life and/or property Nuisance to neighbors and staff Obstruction to movement
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Environmental Impact Assessment Report. October, 2011. 2.8.9 Surface water pollution through storm water runoff Underground water pollution through leaching
Proposed Mitigation Measures Provide workers with personal protective gear including gloves, respirators, safety boots and coveralls Maintain a file on material safety data sheets Storage of flammable materials shall be in appropriately bundled and secured containers and in compliance with standards of fire safety regulations Use drip trays to collect waste oil and lubricants from stationery plant such as concrete mixers and during servicing Provide adequate number of fire fighting equipment Train staff on spill response and management Maintain an inventory of all materials used at the site Provide adequate number of chemical spill control kits Document and display on site chemical spill response standard operating procedure
2.9
Description of the Projects Operational Activities.
Completion of construction activities will be followed by occupation of the units by Kibera and Mukuru project affected persons (PAP)/tenants. Both solid and liquid wastes will be produced during this phase of the project. To manage solid wastes (domestic), the PAPs will be advised on clean management strategies for solid and liquid waste, thus contribute and purchase litterbins. Effluent from toilets and washrooms will be discharged into Nairobi City Council sewer system located near the project site. On the other hand, storm water will be conveyed to the councils storm water drainage system. Carpenters and plumbers among others will be contracted to carry out repairs and maintain these flats during the operational phase of the project. Also ground man will be hired to do repairs, painting and landscaping open spaces. The activities to be carried out during the operation phase of the proposed project include: Living, cooking, washing, cleaning and storage of various household items. 2.10 Projects Decommissioning Activities.
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Environmental Impact Assessment Report. October, 2011. During decommissioning, buildings, pavements, drainage systems, parking areas and perimeter fence will be demolished in order to restore land to its original state. Different kind of workers and equipments will be deployed to carry out these tasks. This will produce a lot of solid waste, which will be reused for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company. Electrical installations, sewerage system, furniture, pipes and sinks among others will be dismantled during decommissioning of the project. The proponent is expected to recover most materials for sale or future use. Those that are obsolete or greatly damaged shall be disposed in authorized dumping sites and incinerate some to reduce their volume in the environment. Demolition of buildings is a common phenomenon in many urban areas and basically the general procedure is to demolish buildings, collect debris from site and use it as a base material in the new construction work or dump it in the NEMA approved dumpsite. Decommissioning will also entail restoring the project area to its original state. Activities during restoration include removal of debris, landscaping, planting of trees and removal of barriers among others. It will be upon the proponent and the contractor to ensure restoration is done in an orderly manner. 2.11 Responsibilities
2.11.1 Proponents Responsibilities. The Kenya Railways Corporation (KR) will have to ensure that all legal provisions and standardization benchmarks are observed .In this regard, the proponent shall ensure that: Building materials are of high quality and from accredited dealers, Sanitary facilities are provided and hygiene observed, Avail a first aid tool kit, Ensure that any accident is well attended to and medical bills paid, All workers are duly compensated for their services, The proponent shall provide a room at the site for logistic purposes, and KR will provide a dressing room to all workers . 2.11.2 Contractors Responsibilities. The contractor will have the following duties: Have an updated timetable of the progress documenting periods of each construction stage,
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Environmental Impact Assessment Report. October, 2011. During the night, public holidays and any other time when no work is being carried out onsite, the contractor shall accommodate only security personnel and never should a labor camp be allowed onsite, The contractor shall make good at his own expense any damage he may cause to public and private roads and pavements in the course of carrying out his work, The architect shall define the area of the site, which may be occupied by the contractor for use as storage, on the site, The contractor and proponent shall provide at his own cost all water required for use in connection with the works including the work of subcontractors, and shall provide temporary storage tanks, The contractor shall make his own arrangement for sanitary conveniences for his workmen, The contractor shall take all possible precaution to prevent nuisance, inconvenience or injury to the neighboring properties and to the public generally, The contractor shall take all effort to muffle the noises from his tools, equipment and workmen to not more than 70 Decibels, The contractor shall upon completion of working, remove and clear away all plant, rubbish and unused materials and shall leave the whole site in a clean and tidy state to the satisfaction of the Architect, Construction standards and other codes are observed and given priority. Every material to serve its purpose. All the materials and workmanship used in the execution of the work shall be of the best quality and description.
2.12
Infrastructural Services:
2.12.1 Roads and Accessibility The proposed site is situated in Mukuru, Kibera and Makadara along the Railway line. The sites are very adjacent to the roads hence accessing the sites will have no difficult. The proponent will be required to maintain or improve the current status of the road while transporting materials to the sites. 2.12.2 Sewage Disposal: Sewage from the site will be disposed of in the existing CC sewerage system upon application and payment of necessary connection fees. The proponent is therefore advised to adequately consult with the relevant authorities within CC for easy management of waste. 2.12.3 Water Supply:
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Environmental Impact Assessment Report. October, 2011. The proponent will obtain water for domestic use from the councils Water and Sewerage Company water supply network upon application and payment of the required fees. All plumbing work shall be carried out using the engineers recommendation and materials approved by Kenya bureau of standards (KEBS). 2.12.4 Power Supply: The contractor will need to apply to the Kenya Power and Lighting Company for authority to connect to the existing National power grid. These include some of the services that will be affected by the project within the neighboring estates. 2.12.5 Project Budget The table 2.1 below summarizes the cost estimates for the entire project.
Item
Location
Description
Estimated Amount (RoE =79)
Engineering Solution covering: 1. Boundary wall 2. Proposed business stall and residential units along the wall 3. Paved footpath on both sides 4. Water supply and wastewater disposal system 5. Footbridges 6. Drainage works along the wall Engineering Solution covering: 1. Boundary wall 2. Proposed business stall and residential units along the wall 3. Paved footpath on both sides 4. Water supply and wastewater disposal system 5. Footbridges 6. Drainage works along the wall
KES 1708174480
USD 21622462
860805000
10896266
3.
TOTAL
2568979480
32518728
Table: 2.3
Cost estimates for the entire project
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Environmental Impact Assessment Report. October, 2011. CHAPTER THREE: BASELINE INFORMATION OF THE STUDY AREA This chapter has information on the location, bio- physical, socio and economic aspects of the project area. These are elaborately discussed in order to identify areas likely to be affected as a result of project activities. This study therefore considered the physical location, climate, geology, drainage, infrastructure, demography and socio- economic information of Kibera and Mukuru which are the informal settlements in close proximity to the Central Business District of Nairobi City. This baseline report is not limited to the specific project site it generally covers the greater Nairobi and not necessarily the Kibera and Mukuru areas of Nairobi where the project is specifically located along the Railway track. 3.1 Location of the Project Area
The project area is a long the railway track within the Right of Way -60 Metres.
Fig: 3.1
3.1 Climate
a map of the project area in kibera
Nairobi enjoys a moderate climate. Under the Kppen climate classification, Nairobi has a Subtropical highland climate. The altitude makes for some chilly evenings, especially in the June/July season when the temperature can drop to 10 C (50 F). The sunniest and warmest part of the year is from December to March, when temperatures average the mid-twenties during the day. The mean maximum temperature for this period is 24 C (75 F). There are two rainy seasons but rainfall can be moderate. The cloudiest part of the year is just after the first rainy season, when, until September, conditions are usually overcast with drizzle. As Nairobi is situated close to the equator, the differences between the seasons are minimal. The seasons are referred to as the wet season and dry season. The timing of sunrise and sunset varies little throughout the year, due to Nairobi's close proximity to the equator.
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Environmental Impact Assessment Report. October, 2011. 3.2 Topography
Because of the nature of the underlying volcanic rocks and the relatively high rainfall, compared with other parts of the country, the area west of the meridian of Nairobi is fertile and well served by streams. The higher parts of the area are densely forested. Some of the most important crops grown include coffee, tea, and sisal while mixed farming is important in some areas. 3.3 Physiography and Geology
Volcanic activity has dominated the geological history of the Nairobi area since Miocene times and has controlled the geomorphological evolution. A part from a few isolated occurrences of Precambrian and Quaternary rocks, the area is composed of volcanic rocks that originated in the Rift region and flowed eastwards on to a warped and partly dissected, pre-Miocene erosion surface, cut across the older crystalline rocks. Four prominent physiographic units are recognized in the Nairobi area reflecting the volcanic rock types and the tectonic movements which have affected them. They are the lava plains, the kikuyu highlands, the rift flank, and the Ngong hills. 3.4 Surface Water Resources
Most of the larger streams and rivers draining the Kikuyu highlands are perennial and there is no shortage of water in the northern and north-western parts of the area, east of the Rift Valley. On the lower ground to the east and south however, streams tend to dry up during periods of drought and supplies must be supplemented from dams and boreholes. The streams are frequently fed by springs that issue within the forest belt, the principal occurrences being those at Kikuyu which feed the headwaters of the Nairobi River and the Mbagathi springs feeding the Mbagathi River. Innumerable other small springs issue from between lava flows with differing porosity and permeability as a result of differing degrees of vesicularity. Examples were noted within the Nairobi Municipality where the lavas are extremely hard but frequently have vesiculated upper surfaces, as well as in the higher country where the trachytes and tuffs are relatively porous as well as permeable. 3.5 3.5.1 Environmental and Socio- Economic of Kibera and Mukuru Kibera
The 2009 Kenya Population and Housing Census reported Kibera's population as 170,070. The Kibera slum was previously thought to be one of the biggest informal urban settlements in the world.
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3.5.1.1 The Area Ecology and Vegetation The development has not unduly interfered with the general ecology of the area. In around most residential areas, houses have been developed with conservation of the vegetation in mind. To this extent, some indigenous trees, bushes and grasses have been conserved. The homesteads have also been planted with flowers and other exotic plants which allow conservation of bird and insect life.
3.5.1.2 Water
Fig: 3.2
Vegetation at Kibera
Clean running water is a scarce expensive commodity for this community. Decades ago, when the river nearby was clean, residents had no problems with water. But as the population in the slum grew the river was contaminated to a point where it is now even dangerous to bath in it. Few dare take the risk. Water for daily use, therefore, has to be bought from the unscrupulous water vendors who are connected to the council's water system. A 20-litre container costs three Kenyan shillings and a small family requires three containers of water daily. The cost raises to 20 shillings a container if the taps run dry. Nairobi taps run dry almost every week. Slum dwellers pay street vendors five to 20 times for a litre of water, what their more affluent neighbours pay for municipal supplies. 3.5.1.3 Sanitation, Liquid Waste and Drainage Various facilities and systems are presently in use within Kibera for management of excreta and wastewater. The systems comprise both on-site and off-site methods. However, all the
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Environmental Impact Assessment Report. October, 2011. management systems cannot adequately meet the demand of the high population and in most cases, poorly maintained and operated. The main methods of excreta management practiced in the settlement are through: Individual pit latrines (both traditional and VIP) Public communal latrines Septic tanks and sewer connections Flying toilets and containers. Open defecation. Toilets fill up fast and require emptying though there are no roads to access the area. Thus, this results to pit latrines being allowed to discharge directly into nearby drains or roadside ditches and Rail wayside ditches more cutting. During the rainy seasons, some residents open the pits so that sewage flows into the drains in combination with the storm water and sullage.The filth and sewage runoff from the Kibera slums flows through ditches and runs into the already highly polluted Nairobi River, which is used downstream for people washing their clothes. 3.5.1.4 Solid Waste Management In both Kibera and Mukuru, There is no planned site for garbage disposal along the reserve. The major dumping site is the railway line and any available open space in the settlements. The garbage disposed is both biodegradable and non-biodegradable. Waste water disposal from households is poured outside the house or onto the track. In wider Kibera the current solid waste disposal practices involve open and haphazard dumping of garbage and rubbish in open areas and by the roadsides in the settlement. There are no designated collection points, and due to poor access, collection is always going to be difficult. It is reported that in Silanga, the youths have initiated a collection strategy to have the community collected household waste in polythene bags. The waste bags are collected twice a week at an agreed fee. Poor disposal of solid wastes affects the management of sanitation facilities, causing problems with on-site sanitation and blocking of sewers and Railway line. 3.5.1.5 Socio- Economic activities Kibera is divided into 13 villages of informal settlements, including Kianda, Soweto, Gatwekera, Kisumu Ndogo, Lindi, Laini Saba, Siranga/Undugu, Makina and Mashimoni. While poverty pervades Kibera the entrepreneurial spirit is very high. As one walks throughout the settlement there are rows and rows of makeshift shops selling all kinds of commodities. They even have little pharmacies, butcheries, nightclubs and bed and breakfast facilities. The big difference is that all these will be housed in makeshift structures.
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There are many primary schools, the majority owned by private individuals but the conditions are appalling. Kibera is also now a prime target for several NGOs who source huge sums of money from foreign donors for the upgrading of the slum. The money is, however, chewed up by salaries and sumptuous living of the NGO officials who are only seen the following year when they package yet another sad project proposal for presentation to donors. 3.5.2 Mukuru Slum
With a staggering population of well over 600,000 people, the sanitation conditions in the Mukuru slums almost constitute a humanitarian crisis. The conditions in Mukuru are appalling, lacking basic drainage, waste disposal facilities and clean water supply. Worse still, most of the waste generated drains into the Ngong River, which traverses right through the middle of the slum, leaving it almost choked with litter and highly contaminated. Donors like European Union have been funding projects to increase access to sanitation facilities for the Mukuru residents. The interventions were designed to establish reliable and sustainable arrangements for the provision and management of sanitation services. The main feature of the project in Mukuru include provision of ablution blocks, with combined toilet, bathing, laundry and water selling facilities; as well as training and social marketing to create behavior change and stimulate demand for sanitation services. Objectives of these projects include the following: Improving the health status of slum residents through provision of sanitation facilities and creating awareness and behaviour change in sanitation practices To promote environmental sanitation by providing water supply and appropriate human waste disposal facilities in Mukuru slums; To build the community capacity to undertake and manage water and sanitation facilities on a sustainable basis; To increase awareness and stimulate demand for sanitation services through training and social marketing events. 3.6 Transport
Kibera has a railway station, but due to absence of effective commuter train system in Nairobi, most Kibera and Mukuru residents use buses and Matatus to reach city centre. However, riding the Matatus proves to be considerably dangerous, due to the occasional carjacking that goes on in Nairobi especially in the evenings and at the end of the month. Irresponsible driving in the area and poor traffic law enforcement also makes travel perilous.
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Environmental Impact Assessment Report. October, 2011. 3.7 Energy Supply
The major sources of energy in Mukuru and Kibera slums include kerosene and charcoal. Electricity use is increasing as a result of the KPLC initiative to provide the service to informal settlements. Major businesses using electricity are barbers, timber go-downs, mills, hair salons and other general shops that remain open late into the night. In addition, charcoal made from recycled material is also becoming a common source of fuel.
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Environmental Impact Assessment Report. October, 2011. CHAPTER 4: RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORKS This ESIA has been prepared to fully comply with environmental legislations and procedures of the World Bank and those of Kenya. These World Bank Safeguard policies will be taken into account along with Kenyan legislations during project implementation. There are significant similarities between World Bank safeguard policies and existing Laws in Kenya. However, in the event of disagreement between Kenyan Laws and World Banks safeguards policies that of the World Bank will take preeminence 4.1 4.1.1 World Bank Safeguard Policies Environmental Assessment: OP/BP 4.01
The objective of this policy is to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and trans-boundary and global environment concerns. A range of instruments can be used to conduct Environmental Assessments i.e. EIA, environmental audit, hazard or risk assessment and environmental management plan (EMP). The Borrower is responsible for carrying out the EA. The Kibera-Mukuru Railway line project has already been subjected to an EIA to meet this policy requirement which makes the proposed project eligible for the World Bank financing. 4.1.2 Natural Habitats: OP/BP 4.04
This policy recognizes that the conservation of natural habitats is essential to safeguard their unique biodiversity and to maintain environmental services and products for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing, as well as policy dialogue and economic and sector work. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Natural habitats are land and water areas where most of the original native plant and animal species are still present. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological functions and most native species.
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Environmental Impact Assessment Report. October, 2011. This policy is triggered by any project (including any subproject under a sector investment or financial intermediary) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project) The impacts assessment postulates no significant conversion or degradation of natural habitats. Potential impacts on habitat, project and site alternatives have been identified and mitigation measures proposed and given due consideration in the Environmental and Management Plan (EMP). 4.1.3 Forests: OP/BP 4.36
The objective of this policy is to assist borrowers to harness the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development and protect the vital local and global environmental services and values of forests. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank assists borrowers with the establishment of environmentally appropriate, socially beneficial and economically viable forest plantations to help meet growing demands for forest goods and services. This policy is triggered whenever any Bank-financed investment project i. Has the potential to have impacts on the health and quality of forests or the rights and welfare of people and their level of dependence upon or interaction with forests; or ii. Aims to bring about changes in the management, protection or utilization of natural forests or plantations. The area along the proposed Railway line reserve does not have any forest or individually owned trees which will be fell down hence no compensation required. 4.1.4 Physical Cultural Resources: OP/BP 4.11
The objective of this policy is to assist countries to avoid or mitigate adverse impacts of development projects on physical cultural resources. For purposes of this policy, "physical cultural resources" are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community.
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Environmental Impact Assessment Report. October, 2011. This policy applies to all projects requiring a Category A or B Environmental Assessment under OP 4.01, project located in, or in the vicinity of, recognized cultural heritage sites, and projects designed to support the management or conservation of physical cultural resources. Physical cultural resources and cultural heritage sites are not located in the project area and thus, it will not trigger OP 4.01 4.1.5 Indigenous Peoples: OP/BP 4.10
The objective of this policy is to i. Ensure that the development process fosters full respect for the dignity, human rights, and cultural uniqueness of indigenous peoples; ii. Ensure that adverse effects during the development process are avoided, or if not feasible, ensure that these are minimized, mitigated or compensated; and iii. Ensure that indigenous peoples receive culturally appropriate and gender and intergenerationally inclusive social and economic benefits.
The project will affect people living in the project area (railway line reserve) thus triggering OP/BP 4.10. The inhabitants are divided into 13 villages of informal settlements, including Kianda, Soweto, Gatwekera, Kisumu Ndogo, Lindi, Laini Saba, Siranga/Undugu, Makina and Mashimoni and in Mukuru into three villages(Sinai,Kwa Njeng And Kwa Reube). Some with small businesses within the railway reserve who will have to be relocated and compensated.
4.1.6 Involuntary Resettlement: OP/BP 4.12
The objective of this policy is to i. ii. iii. iv. Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs; Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them; Encourage community participation in planning and implementing resettlement; and Provide assistance to affected people regardless of the legality of land tenure.
This policy covers not only physical relocation, but any loss of land or other assets resulting in: i. ii. Relocation or loss of shelter; Loss of assets or access to assets;
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Environmental Impact Assessment Report. October, 2011. iii. Loss of income sources or means of livelihood, whether or not the affected people must move to another location.
It also applies to the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.
The proposed project is going to displace people and some will lose their property. Displaced persons should be assisted by KRC in their efforts to improve their former production levels, income carrying capacity, and living standards, or at least restore them to levels they would have been without the project. The cost associated with this has been provided in RAP report for the same.
4.1.7 Projects in International Waters: OP 7.50
The objective of this policy is to ensure that Bank-financed projects affecting international waterways would not affect: i. Relations between the Bank and its borrowers and between states (whether members of the Bank or not); and ii. The efficient utilization and protection of international waterways. The policy applies to the following types of projects: a) Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and b) Detailed design and engineering studies of projects under (a) above, include those carried out by the Bank as executing agency or in any other capacity. This policy is triggered if a) Any river, canal, lake or similar body of water that forms a boundary between, or any river or body of surface water that flows through two or more states, whether Bank members or not; b) Any tributary or other body of surface water that is a component of any waterway described under (a); and c) Any bay, gulf strait, or channel bounded by two or more states, or if within one state recognized as a necessary channel of communication between the open sea and other states, and any river flowing into such waters.
There are no transboundary rivers, canals, lakes or similar body of water in the project area (Mukuru, Kibera and Makadara). It is only dominated by three small rivers that are used by residents mainly for domestic use. This means therefore that this policy will not be triggered.
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Environmental Impact Assessment Report. October, 2011. 4.1.8 Projects in Disputed Areas: OP 7.60
The objective of this policy is to ensure that projects in disputed areas are dealt with at the earliest possible stage: a) So as not to affect relations between the Bank and its member countries; b) So as not to affect relations between the borrower and neighboring countries; c) So as not to prejudice the position of either the Bank or the countries concerned. This policy is triggered if the proposed project will be in a "disputed area". Questions to be answered include: i. ii. iii. Is the borrower involved in any disputes over an area with any of its neighbors? Is the project situated in a disputed area? Could any component financed or likely to be financed as part of the project be situated in a disputed area?
The consultant did not come across any disputed area along the proposed line since the Railway reserve is the property of the Kenya Railway Corporation. The table below shows a summary of World Bank Safeguard Policies World Bank safeguard policy OP/BP 4.01-Environmental Assessment Natural Habitats: OP/BP 4.04 Forests: OP/BP 4.36 Physical Cultural Resources: OP/BP 4.11 Indigenous Peoples: OP/BP 4.10 Involuntary Resettlement: OP/BP 4.12 Projects in International Waters: OP 7.50 OP 7.60 Projects in Disputed Areas
Table: 4.1
Triggered ()
Not triggered(x) X X X
X X
Summary of World Bank Safeguard Policies
4.2 4.2.1
Kenyas Environmental Legal Framework The Environment Management and Co-ordination Act, 1999
Part II of the Environment Management & Coordination Act, 1999 states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or operation should undergo environmental impact
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Environmental Impact Assessment Report. October, 2011. assessment and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue a license as appropriate. Part VIII section 72 of the Act prohibits discharging or applying poisonous, toxic, noxious or obstructing matter, radioactive or any other pollutants into aquatic environment. Section 73 require that operators of projects which discharges effluent or other pollutants to submit to NEMA accurate information about the quantity and quality of the effluent. Section 74 demands that all effluent generated from point sources be discharged only into the existing sewerage system upon issuance of prescribed permit from the local authorities or from the licensee. Finally, section 75 requires that parties operating a sewerage system obtain a discharge license from NEMA to discharge any effluent or pollutant into the environment. Section 87 Sub-section 1 states that no person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill health to any person, while section 88 provides for acquiring of a license for generation, transporting or operating waste disposal facility. According to section 89, any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generate hazardous waste, shall apply to the NEMA for a licence. Sections 90 through 100 outline more regulations on management of hazardous and toxic substances including oils, chemicals and pesticides. Finally the Environmental Impact Assessment Guidelines require that a study be conducted in accordance with the issues and general guidelines spelt out in the Second and Third schedules of the Environmental Regulations (2003). These include coverage of the issues on Schedule 2 (ecological, social, landscape, land use and water considerations) and general guidelines on Schedule 3 (impacts and their sources, project details, national legislation, mitigation measures, a management plan and environmental auditing schedules and procedures.
The Proponent has commissioned the environmental impact assessment study in compliance with the Act. The environmental management and monitoring plan laid out in this report shall be adhered to by the Proponent.
4.2.2 Kenya Railways Corporation Act (Cap. 397, 1979)
Rail transport is the second most important mode of transport in Kenya, after road transport. The nature of Kenya Railways, its operations and business are defined by this Act. (Kenya Government 1979) Currently, operations of Kenya Railways lie on a national network of railway tracks covering a total distance of 2,778 km. The land corridor on which the rail tracks are laid belongs to
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Environmental Impact Assessment Report. October, 2011. Kenya Railways. Under the Vesting of Land Order of 1996 made under the Act, Kenya Railways owns the land extending 60 metres on either side of a main running line. The proposed project is located entirely within the land corridor of the Nairobi-Mombasa main railway line and will run for a distance of 2 km, and extend a further 200 metres on land leased by Kenya Railways. The Kenya Railways (Amendment Act of 2005) amends Cap 397 in so far as concession arrangements are concerned. Specifically this relates to facilitation of concession of railway operations and business only, otherwise the original statute is still operational in its aims, objectives and jurisdiction. 4.2.3 Public Health Act (Cap. 242)
Part IX, section 115, of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires that Local Authorities take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to be injurious or dangerous to human health. Such nuisance or conditions are defined under section 118 and include nuisances caused by accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other vermin.
The environmental management plan (EMP) advices the Proponent on safety and health aspects, potential impacts, personnel responsible for implementation and monitoring, frequency of monitoring, and estimated cost.
4.2.4 Local Authority Act (Cap. 265)
Section 160 helps local authorities ensure effective utilization of the sewages systems. Section 170, allows the right to access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs of sewers. The Act under section 176 gives powers to local authority to regulate sewage and drainage, fix charges for use of sewers and drains and require connecting premises to meet the related costs. According to section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility. Section 264 also requires that all charges due for sewage sanitary and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the polluter-paysprinciple
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Environmental Impact Assessment Report. October, 2011. Section 163 allows the County Council to prohibit all business, which may be or become a source of danger, discomfort, or annoyance due to their noxious nature through smoke, fumes, dust, noise, or vibrations. Section 165 allows the local authority to refuse to grant or renew any license which is empowered in this act or any other written law on the grounds that the activity does not conform to the requirements of any by-laws in force in the area of such local authority the granting of the license would be contrary to the public interest. Part XI section 168 provides that every municipal council, town council or urban council may establish and maintain sewerage and drainage works within or without its area of jurisdiction. For purposes of the land required for such development, section 144 states in part A local authority may, subject to the approval of the Minister, apply to the government or any other authority having power to acquire land required for purposes of any of its functions, to be acquired compulsorily for and on behalf of, and at the expense of the local authority. The Act, however, does not indicate the repercussions of impacts on landowners. Section 160 helps local authorities ensure effective utilization of the sewerage systems. It states in part that municipal authorities have powers to establish and maintain sanitary services for the removal and destruction of, or otherwise deal with all kinds of refuse and effluent and where such service is established, compel its use by persons to whom the service is available. However, to protect against illegal connections, section 173 states that any person who, without prior consent in writing from the council, erects a building on: excavate or opens-up: or injures or destroys and sewers, drains or pipes shall be guilty of an offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender. For maintenance of such sewerage systems, the following relevant clauses have been drawn from section 169 of the Act that reads in part A municipal council may for purposes of carrying out any drainage or sewerage works------: --------cause such sewers, drains and pipes to be made, altered, deepened, covered, laid and maintained either within or without as may be necessary for effectively disposing of the sewage and draining of its area ------- -------carry such sewers, drains and pipes through, across, or under any public road, street, square or open place laid out for public road, street, square or open space without paying compensation and after giving 30 days notices in writing to the owner or occupier of the intention to do so ------ ------from time to time alter, enlarge, divert, discontinue, close-up or destroy any sewers, drains, or pipes under its control ------ Section 170, allows the right of access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs. In addition, the municipal Council may establish and maintain sewage farms or disposal works, and dispose of the effluent there from, but shall not be liable for any nuisance or damage as a consequence of proper and ordinary conduct of the sewage farms or disposal works (section 171). To ensure sustainability in this regard, the local authority is empowered to make byConducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.
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Environmental Impact Assessment Report. October, 2011. laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and wellbeing of the inhabitants of its area as provided for under section 201 of the Act. To ensure sustainability in this regard, the local authority is empowered to make by-laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and wellbeing of the inhabitants of its area as provided for under section 201 of the Act.
The Proponent shall observe the guidelines as set out in the environmental management and monitoring plan laid out in this report as well as the recommendation provided for mitigation/minimisation/avoidance of adverse impacts arising from the project activities.
4.2.5 Waste Management Standards (Legal Notice 121 : The Environmental Management Coordination (Waste Management) Regulations) The regulation provides that a waste generator shall use cleaner production methods, segregate waste generated and the waste transporter should be licensed. The notice further states no person shall engage in any activity likely to generate any hazardous waste without a valid Environmental Impact Assessment licence issued by the National Environment Management Authority. Hazardous waste will not be generated from this development. The project proponent will ensure that waste is segregated and a licensed waste transporter is contracted to disposed solid waste. 4.2.6 Waste Management Standards (Legal Notice 120 : The Environmental Management Coordination (Water Quality) Regulations) This Legal Notice on Water Quality provides that anyone who discharges effluent into the environment or public sewer shall be required to apply for Effluent Discharge License. The license for discharge is Ksh 5,000 while annual license fee for discharge into the environment will be Ksh. 20,000 or Ksh 100,000 depending on the facility. Non compliance with the regulations attracts a fine not exceeding Ksh 500,000 and the polluter pay principle may apply depending on the court ruling. Table 4.1 below, gives waste water discharge guidelines from NEMA.
Table: 4.2
Quality Standards for Sources of Domestic Water Guide Value (max allowable) 6.5 8.5 30 (mg/L) 10 (mg/L)
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Parameter PH Suspended solids Nitrate-NO3
Environmental Impact Assessment Report. October, 2011. Ammonia NH3 Nitrite NO2 Total Dissolved Solids Scientific name (E.coli) Fluoride Phenols Arsenic Cadmium Lead Selenium Copper Zinc Alkyl benzyl sulphonates Permanganate value (PV)
Table: 4.2
0.5 (mg/L) 3 (mg/L) 1200 (mg/L) Nil/100 ml 1.5 (mg/L) Nil (mg/L) 0.01 (mg/L) 0.01 (mg/L) 0.05 (mg/L) 0.01 (mg/L) 0.05 (mg/L) 1.5 (mg/L) 0.5 (mg/L) 1.0 (mg/L)
Quality Standards for Sources of Domestic Water
Nil means less than limit of detection using prescribed sampling and analytical methods and equipment as determined by the Authority. And any other parameters as may be prescribed by the Authority from time to time 4.2.7 Waste Management Standards (Legal Notice 61: The Environmental Management and Coordination (Noise and Excessive vibration pollution) (Control) Regulations, 2009 This regulation prohibits any person to cause unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. Part 11 section 6(1) provides that no person is shall cause noise from any source which exceeds any sound level as set out in the First Schedule of the regulations. 4.2.8 Physical Planning Act, 1996
The Local Authorities are empowered under section 29 of the Act to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section, therefore allows for the prohibition or control of the use and development of land and buildings in the interest of proper and orderly development of an area. Section 24 of the Physical Planning Act gives provision for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and
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Environmental Impact Assessment Report. October, 2011. services within the area of authority of County, municipal and town council and for specific control of the use and development of land. The plan shows the manner in which the land in the area may be used. Section 29 of the physical Planning Act gives county councils power to prohibit and control the use of land, building, and subdivision of land, in the interest of proper and orderly development of its area. The same section also allows them to approve all development applications and grant development permissions as well as to ensure the proper execution and implications of approved physical development plans. On zoning, the act empowers them to formulate bylaws in respect of use and density of development. Section 30 states that any person who carries out development within an area of a local authority without development permission shall be guilty of an offence and the development shall be invalid. The act also gives the local authority power to compel the developer to restore the land on which such development has taken place to its original conditions within a period of ninety days. If no action is taken, then the council will restore the land and recover the cost incurred thereto from the developer. In addition, the same section also states that no person shall carry out development within the area of a local authority without development permission granted by the local authority. At the same time, sub-section 5, re-enforce it further that, no licensing authority shall grant under any written law, a license for commercial use for which no development permission had been granted by the respective local authority. Section 36 states that if in connection with development application a local authority is of the opinion that, the proposed activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an Environmental Impact Assessment report. The environmental impact assessment report must be approved by the National Environmental Management Authority (NEMA) and followed by annual environmental audits as spelled out by EMCA 1999. Section 38 states that if the local authority finds out that the development activity is not complying to all laid down regulations, the local authority may serve an enforcement notice specifying the conditions of the development permissions alleged to have been contravened and compel the developer to restore the land to it's original conditions.
The Proponent has applied for Development Permission from the local authority and has also commissioned an environmental impact assessment study for approval by NEMA.
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4.2.9
Land Planning Act (Cap. 303)
Section 9 of the subsidiary legislation (The Development and Use of Land Regulations, 1961) under this Act requires that before the local authorities submit any plans to then Minister for approval, steps should be taken as may be necessary to acquire the owners of any land affected by such plans. 4.2.10 Water Act, 2002 The Water Act Cap 372 vests the rights of all water to the state, and the power for the control of all body of water with the Minister, the powers is exercised through the Minister and the Director of water resources in consultation with the water catchments boards, it aims at provision of conservation of water and appointment and use of water resources. Part II Section 18 provides for national monitoring and information systems on water resources. Following on this, Sub-section 3 allows the Water Resources Management Authority to demand from any person, specified information, documents, samples or materials on water resources. Under these rules, specific records may be required to be kept and the information thereof furnished to the authority on demand. Section 25 of the Act requires a permit to be obtained for among others any use of water from a water resources, discharge of a pollutant into any water resource. According to section 29 of the same Act, application for such a permit shall be subject to public consultation as well as an environmental impact assessment as per the Environmental Management and Coordination Act, 1999. The conditions of the permit may also be varied if the authority feels that the water so used is causing deterioration of water quality or causing shortage of water for other purposes that the authority may consider has priority. This is provided for under section 35 of the Act. Section 73 of the Act allows a person with a license to supply water (licensee) to make regulations for purposes of protecting against degradation of sources of water which he is authorised to take. Under the Act, the licensee could be a local authority, a private Trust or an individual and the law will apply accordingly under the supervision of the Regulatory Board. Section 76 states that no person shall discharge any trade effluent from any trade premises into sewers of a licensee without the consent of the licensee upon application indicating the nature and composition of the effluent, maximum quantity anticipated, flow rate of the effluent and any other information deemed necessary. The consent shall be issued on
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Environmental Impact Assessment Report. October, 2011. conditions including the payment rates for the discharge as may be provided under section 77 of the same Act.
The proposed site shall include the construction of drainage channels for the Management of waste water. Bund walls and paved surface will be constructed so as to contain oil spills.
4.2.11 Electricity Power Act (No. 11 of 1997) The Electric Power Act (Kenya_Government 1997) deals with generation, transmission, distribution, supply and use of electrical energy as well as the legal basis for establishing the systems associated with these purposes. In this respect, the following environmental issues will be considered before approval is granted: 1. The need to protect and manage the environment, and conserve natural resources; 2. The ability to operate in a manner designated to protect the health and safety of the project employees; the local and other potentially affected communities. Under schedule 3 of the Electric Power (licensing) Regulations 2003, it is mandatory to comply with all safety, health and environmental laws. Moreover, schedule 2 (regulation 9) of the Electric Power (licensing) Regulations 2003 stipulates that licensing and authorisation to generate and transmit electrical power must be supported by the following documents which are approved by NEMA. Environmental Impact Assessment report (EIA report) or Initial Environmental Audit report (IEA report) and Environmental Management & Monitoring Plan (EMMP).
4.2.12 Building Code 1968 Section 194 requires that where sewer exists, the occupants of the nearby premises shall apply to the local authority for a permit to connect to the sewer line and all the wastewater must be discharged into sewers. Currently, the Building Code is under Review. 4.2.13 Penal Code Act (Cap.63) Section 191 of the penal code states that if any person or institution that voluntarily corrupts or foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offence. Section 192 of the same Act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons /institution, dwelling or business premises in the neighborhood or those passing along public way, commits an offence.
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The Proponent shall observe the guidelines as set out in the environmental management and monitoring plan laid out in this report as well as the recommendation provided for mitigation/minimization/avoidance of adverse impacts arising from the project activities.
4.2.14 Wildlife Conservation and Management Act, Cap 376 This Act provides for the protection, conservation and management of wildlife in Kenya. The provisions of this Act should be applied in the management of the project. Part III Section 13 subsection (I) stipulates that any person who not being an officer of Kenya Wildlife Service hunts any animal in a National Park shall be guilty of a forfeiture offence and liable to a fine or imprisonment. Subsection 2 of the Act likewise provides that any person who, without authorization conveys into a National Park, or being within the area thereof, in possession of, any weapon, ammunition, explosive, trap or poison, shall be guilty of a forfeiture offence. The Act provides that no person is allowed to use any aircraft, motor vehicle or mechanically propelled vessel in such a manner as to drive, stampede or unduly disturb any protected animal or game animal. Therefore it will be prudent that the construction workforce is conversant with the provisions of this Act. 4.2.15 The Lakes and Rivers Act Chapter 409 Laws of Kenya: This Act provides for protection of rivers, lakes and associated flora and fauna. The provisions of this Act may be applied in the management of the project. 4.2.16 Forestry Services Act, 2005 The Act led to the establishment of Kenya Forest Service which is charged with management of forests in consultation with the forest owners. The body enforces the conditions and regulations pertaining to logging, charcoal making and other forest utilization activities. To ensure community participation in forest management, the service collaborates with other organizations and communities in the management and conservation of forests and for the utilization of the biodiversity. Section 43 (1) provides that if mining, quarrying or any other activity carried out in the forest, where the activity concerned is likely to result in forest cover depletion, the person responsible shall undertake compulsory re-vegetation immediately upon the completion of the activity.
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Environmental Impact Assessment Report. October, 2011. 4.2.17 Occupational Safety and Health Act (OSHA), 2007 Before any premises are occupied, or used as a workplace, a certificate of registration must be obtained from the Director of Occupational Safety and Health Services. The Act provides for the health, safety and welfare for employees at workplaces. This shall be considered at the construction, implementation and decommissioning phases of the project. 4.2.17.1 Health The premises must be kept clean; a premise must not be overcrowded. The circulation 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, must be provided subject to conformity with any standards prescribed by rules. Food and drinks should not be partaken in dangerous places or workrooms. 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. 4.2.17.2 Safety Fencing of premises and dangerous parts of other machinery is mandatory. Training and supervision of inexperienced workers, protection of eyes with goggles or effective screens must be provided in certain specified processes. Floors, passages, gangways, stairs, and ladders must be soundly constructed and properly maintained and handrails must be provided for stairs. Special precaution against gassing is laid down for work in confined spaces where persons are liable to overcome by dangerous fumes. Air receivers and fittings must be of sound construction and properly maintained. Adequate and suitable means for extinguishing fire must be provided in addition to adequate means of escape in case of fire must be provided. 4.2.17.3 Welfare An adequate supply of both quantity and quality of wholesome drinking water must be provided. Maintenance of suitable washing facilities, accommodation for clothing not worn during working hours must be provided. Sitting facilities for all female workers whose work is done while standing should be provided to enable them take advantage of any opportunity for resting.
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Every premise shall be provided with maintenance, readily accessible means for extinguishing fire and person trained in the correct use of such means shall be present during all working periods. Regular individual examination or surveys of health conditions of industrial medicine and hygiene must be performed and the cost will be met by the employer. This will ensure that the examination can take place without any loss of earning for the employees and if possible within normal working hours. The (OSH) Act provides for development and maintenance of an effective programme of collection, compilation and analysis of occupational safety. This will ensure that health statistics, which shall cover injuries and illness including disabling during working hours, are adhered.
The environmental management plan (EMP) advices the Proponent on safety and health aspects, potential impacts, personnel responsible for implementation and monitoring, frequency of monitoring, and estimated cost.
4.2.18 The Traffic Act Chapter 403 Laws of Kenya This Act consolidates the law relating to traffic on all public roads. The Act also prohibits encroachment on and damage to roads including land reserved for roads. The project is under the provision of the Act. 4.2.19 Food Drugs and chemicals substances Act (Cap 254) The purpose of this Act is to make provisions for the prevention of adulteration of food, drugs and chemical substances. 4.2.20 The Way leaves Act Cap 292 According to the Way leaves Act cap 292 Section 2, Private land does not include any land sold or leased under any Act dealing with Government lands. Section 3 of the Act states that the Government may carry any sewer, drain or pipeline into, through, over or under any lands whatsoever, but may not in so doing interfere with any existing building. Section 8 further states that any person who, without the consent of the Permanent Secretary to the Ministry responsible for works (which consent shall not be unreasonably withheld), causes any building to be newly erected over any sewer, drain or pipeline the property of the Government shall be guilty of an offence and liable to a fine of one hundred and fifty shillings, and a further fine of sixty shillings for every day during which the offence is continued after written notice in that behalf from the Permanent Secretary; and the
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Environmental Impact Assessment Report. October, 2011. Permanent Secretary may cause any building erected in contravention of this section to be altered, demolished or otherwise dealt with as he may think fit, and may recover any expense incurred by the Government in so doing from the offender. 4.2.21 The Registration of Titles Act Cap 281 Section 34 of this Act states that when land is intended to be transferred or any right of way or other easement is intended to be created or transferred, the registered proprietor or, if the proprietor is of unsound mind, the guardian or other person appointed by the court to act on his/her behalf in the matter, shall execute, in original only, a transfer in form F in the First Schedule, which transfer shall, for description of the land intended be dealt with, refer to the grant or certificate of title of the land, or shall give such description as may be sufficient to identify it, and shall contain an accurate statement of the land and easement, or the easement, intended to be transferred or created, and a memorandum of all leases, charges and other encumbrances to which the land may be subject, and of all rights-of-way, easements and privileges intended to be conveyed. 4.2.22 The Land Titles Act Cap 282 The Land Titles Act Cap 282 section 10 (1) states that there shall be appointed and attached to the Land Registration Court a qualified surveyor who, with such assistants as may be necessary, shall survey land, make a plan or plans thereof and define and mark the boundaries of any areas therein as, when and where directed by the Recorder of Titles, either before, during or after the termination of any question concerning land or any interest connected therewith, and every area so defined and marked shall be further marked with a number of other distinctive symbol to be shown upon the plan or plans for the purposes of complete identification and registration thereof as is herein after prescribed. 4.2.23 The Land Acquisition Act Chapter 295 Laws of Kenya The Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry onto land to do things such as survey upon necessary authorisation will be undertaken in accordance with section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters: Area of land acquired
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Environmental Impact Assessment Report. October, 2011. The value of the property in the opinion of the Commissioner of land ( after valuation), Amount of the compensation payable, Market value of the property, Damages sustained from the severance of the land parcel from the land, Damages to other property in the process of acquiring the said land parcel, Consequences of changing residence or place of business by the land owners, Damages from diminution of profits of the land acquired. Part II of the Act allows for the temporary acquisition of the land for utilisation in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before. Any damages or reduction of value shall be compensated to the landowners. 4.2.24 Environmental Vibration Pollution (Control) Regulations, 2009 These regulations were published as legal Notice No. 61 being a subsidiary legislation to the Environmental Management and Co-ordination Act, 1999. The regulations provide information on the following: Prohibition of excessive noise and vibration Provisions relating to noise from certain sources Provisions relating to licensing procedures for certain activities with a potential of emitting excessive noise and/or vibrations and Noise and excessive vibrations mapping
According to regulation 3 (1), no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. Regulation 4 prohibits any person to (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30 metres from any moving source. Regulation 5 further makes it an offence for any person to make, continue or cause to be made or continued any noise in excess of the noise levels set in the First Schedule to these Regulations, unless such noise is reasonably necessary to the preservation of life, health, safety or property. Please see. Table: 4.3 and 4.4 below Table: 4.3 Maximum Permissible Noise Levels
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Environmental Impact Assessment Report. October, 2011. Zone Sound Level Limits dB(A) (Leq, 14h) Day Night 40 35 40 45 50 55 35 35 35 35 Noise Rating Level (NR) (Leq,14h) Day Night 30 25 30 35 40 50 25 25 25 25
A B C D
Silent Zone Places of worship Residential: Indoor Outdoor Mixed residential (with some commercial and places of entertainment) Commercial
60
35
55
25
Time Frame:
Day: 6.00 a.m - 8.00 p.m (Leq, 14 h) Night: 8.00 p.m 6.00 a.m (Leq, 14 h) Table: 4.4 Maximum Permissible Noise Levels for Construction Sites
(Measurement taken within the facility ) Facility Maximum Noise Level Permitted (Leq) in dB(A) Day Night 60 35 60 75 35 65
i. ii iii.
Health facilities, educational institutions, homes for disabled etc Residential Areas other than those prescribed in (i) and (ii)
Time Frame: Day: 6.00 a.m. 6.00 p.m. (Leq, 12 h) Night: 6.00 p.m. 6.00 a.m. (Leq, 12 h) Regulation 16 (1) stipulates that where a sound source is planned, installed or intended to be installed or modified by any person in such a manner that such source shall create or is likely to emit noise or excessive vibrations, or otherwise fail to comply with the provisions of these Regulations, such person shall apply for a licence to the Authority.
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Environmental Impact Assessment Report. October, 2011. According to regulation 18 (6) the license shall be valid for a period not exceeding seven (7) days Regulation 19 (1) prohibits any person to carry out activities relating to fireworks, demolitions, firing ranges or specific heavy industry without a valid permit issued by the Authority. According to sub regulation 4, such permit shall be valid for a period not exceeding three months.
The project proponent will be required to comply with the above mentioned regulations in order to promote a healthy and safe working environment.
4.3 4.3.1 Relevant Policies Draft National Wetlands Conservation and Management 2003
The draft National Wetlands policy recognizes the importance of wetlands in development and the need to conserve and protect our wetlands. The project in question has the potential of polluting the wetlands in the area as a result of oil spills. The draft policy proposes mechanisms for protecting wetlands from agricultural, industrial and municipal activities. Section 4.6 on Pollution, Eutrophication and Salinisation of the wetland policy recognizes the threat facing wetlands due to industrial activities including power generation which have often led to oil pollution and reclamation. The draft policy recognizes that the quality of many water sources in Kenya has declined as a result of municipal, agricultural and industrial wastes/ discharges. These have negatively impacted water quality and biodiversity within the wetland ecosystems thereby reducing their values. Increased nutrient loads have led to eutrophication and episodes of algal blooms in wetlands near major settlements. In certain areas excessive abstraction of fresh waters, diversions, and catchment degradation, have led to increased salinity. The draft Policy proposes the need for effluent discharges into wetlands and (excessive) abstraction of water be strictly regulated and requires meeting laid down standards and regulations. For this to be achieved the policy will require enhanced coordination of all leading agencies dealing with natural resource management, including local authorities and agriculture. The policy proposes the following which is relevant to this study. Appropriate measures shall be taken to protect riverbanks and lakeshores. Dumping of waste in wetlands shall be disallowed and disposal sites close to wetlands shall be subjected to EIA. Any effluent discharged into wetlands shall be treated to meet appropriate wastewater standards beforehand. Environmentally friendly farming techniques that reduce nutrient silt and pollutant loading in the wetlands shall be promoted.
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Environmental Impact Assessment Report. October, 2011. Public awareness on proper management of waste including reduction, reuse and recycling shall be promoted. Coordination and enforcement of sectoral laws shall be enhanced The draft Policy is in response to the governments responsibilities under the Ramsar Convention.
The policy takes cognizance of broader national environmental frameworks, particularly the National Environment Action Plan (NEAP) process and the National Biodiversity Strategy and Action Plan (NBSAP), both of which put great emphasis on the need to take proper care of the countrys wetlands. The National Environment Management and Coordination Act (EMCA 1999), the countrys premier framework environmental law, also provides for the conservation and management of wetlands. 4.3.2 Draft Environmental Policy 1999
Kenya had been without a functional environmental policy for some time. Its until 1999 did the stakeholders started to prepare a comprehensive policy on environment and development after the enactment of the EMCA 1999. However the policy is still just a paper that is yet to be made into a working document. The relevant section of the draft policy is on energy. The draft policy relevance to this project is on the sections on energy resources, waste management, pollution and atmospheric resources sections. 4.3.3 Waste Management
Wastes from thermal energy generation include used oil, used oil filters and other parts that are replaced from the gensets. Wastes from the gensets can have properties, which include being radioactive, toxic, explosive, corrosive, flammable, infectious, or other characteristics causing or likely to cause danger to human health or the environment, whether alone or together with other wastes. Inadequate management of solid wastes and effluents can have devastating and often irreversible effects on the environment. Wastes emanating from industries and factories in the form of effluents tend to find their way in to waters and soils, thereby making them less habitable for living organisms. Solid wastes disposed of in the open dumps or crude sanitary landfills are health hazards. 4.3.4 Environmental Challenges
These include: Weak enforcement of existing laws and regulations, unrealistic penalties, inadequate human resources to monitor and enforce regulations, and cumbersome procedures. Absence of discharge standards and methods for measuring the quality and quantity of effluents.
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Environmental Impact Assessment Report. October, 2011. 4.4 Inadequate incentives to encourage adoption of efficient waste management technologies. Insensitivity of industry to the legal requirements for health and safety in the workplace. Low priority and status given to waste management and sanitation. Inadequate training facilities for occupational health and safety services. Relevant International Conventions and Treaties
Kenya is signatory to several international conventions and treaties that would need to be adhered to in implementing this project and are geared towards environmental protection and conservation. Some of these include; a) ILO Conventions ratified by Government of Kenya- Kenya have ratified 43 ILO conventions and those that are relevant to this study includes i. ii. iii. iv. v. b) c) d) e) f) g) h) i) j) k) l) Safety and Health in Construction Recommendation, 1988 Recruiting of Indigenous Workers Convention, 1936 (No.50) Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64) Minimum Age Convention, 1973 (No.138) Minimum age specified: 16 years Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143)
United Nations Framework Convention on Climate Change Convention on Wetlands or the Ramsar Convention Convention on Biodiversity The Convention on International Trade in Endangered Species (CITES) Convention on the Conservation of Migratory Species United Nations Convention to Combat Desertification Important Bird Areas The World Heritage Convention UNESCOs Man and Biosphere New Partnership for Africa Development (NEPAD) East African Community.
The Ministry of Foreign Affairs deals with international treaties at the primary stages of negotiation. The ministry offers advisory guide to the government on the need to ratify such a treaty if considered to be of national interest. Implementation portfolio then moves to the line ministry, relevant departments and co-operating agencies.
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Environmental Impact Assessment Report. October, 2011. CHAPTER FIVE: CONSULTATION AND PUBLIC PARTICIPATION 5.1 Sources of Information
Public participation exercise for the assessment was carried out from 16 th January to 28th January 2011. The exercise was conducted through key informant interviews, meetings and discussions. The key informants were mainly council officer in charge of works, project foreman, neighboring tenants, organizations and institutions. The list of some of those who participated is presented in appendix in this report. 5.2 5.2.1 Major Environmental Concerns /Opinions Noise and Vibration
There was concern over the possibility of high noise and vibration levels in the project site as a result of excavation, construction and demolition works. The source of noise pollution will include transport vehicles, construction machinery and metal grinding and cutting equipment. Excavations will cause vibrations; however, the proponent will take appropriate steps to minimize noise impacts including provision of appropriate protective equipment to construction workers, planning and minimizing the frequency materials transport and ensuring that all equipment are well maintained. 5.2.2 Water Shortage
There was still uncertainty over the prevailing water condition in the area from the Municipal council in the site. The proponent was requested to ensure that water storage tanks are put in place as a back up system incase of water shortage problems. 5.2.3 Dust Generation
The participants expressed concern over possibility of generation of large amounts of dust within the project site and surrounding areas as a result of demolition, excavation works and transportation of building materials. The proponent will ensure that dust levels at the site are minimized through sprinkling water in areas being excavated and along the tracks used by the transport trucks within the site. Additional mitigation measures presented in this report will be fully implemented to minimize the impacts of dust generation. 5.2.4 Transport Trucks
Concern was raised over the heavy transport trucks that will be turning around the project site while delivering construction materials. In addition to contribution of noise and
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Environmental Impact Assessment Report. October, 2011. emission of exhaust fumes around the premises, such trucks may slow down traffic flow along the busy Likoni Road, Mombasa Road Road and the Kibera roads. The proponent will put in place measures to address such concerns by ensuring that construction vehicles preferably deliver materials during off-peak hours when traffic volume is low. In addition, the mitigation measures outlined in Chapters 7 and 8 will be fully implemented to address environmental issues relating to construction trucks. 5.2.5 Environmental Aesthetics
It was seen that the aesthetics of the area would be affected negatively during construction. It was suggested that the proponent should ensure high hygiene standards within the premise and surrounding areas during construction possibly by landscaping. More so via the prescribed EMP, the proponent shall put in place several measures aimed at ensuring high standards of hygiene and housekeeping within the building and surrounding areas. 5.2.6 Employment Opportunities
The persons interviewed were positive that during construction, the project will create numerous employment opportunities for the local residents many of whom being the jobless youths in both Kibera and Mukuru areas. 5.2.7 Social and Economic Effects.
The persons interviewed in both Kibera and Mukuru Feared losing their property such as market stalls, location, loss of social network, shelter and income from their business. The Rap proposes that the development of business and residential units along the wall in Kibera, and relocation of all the PAPs in Mukuru to relocation units constructed within the KRC RoW situated between Lunga Lunga and Likoni Bridges. It is proposed that each of the PAPs relocated to a residential or business unit along the wall in Kibera and in the Lunga LungaLikoni Bridge Row. Mukuru PAPs will be granted a lease to the unit. The term of the lease should be 45 years to ensure security of tenure for the PAPs. 5.3 Other Concerns a) Business competition will intensify. b) Some neighbors will be affected by too much noise and exhaust fumes from the parking lot. Those who benefited from the current condition of the area will be affected e.g. the person planting the Kales (Sukuma Wiki), cabbage, sweet potatoes Napier grass and maize in the railway Right of Way along the railway line. c) Water table of the underground water will be affected and there may be increase of leakages in main pipes.
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Environmental Impact Assessment Report. October, 2011. d) Fears of ground water contamination were expressed. e) Relocation will affect those who own temporary structure which they rent to tenants. f) The residents will lose contact with their neither on either side of the railway line due to a barrier created by the boundary wall. g) Human traffic jam will be experienced more especially in the morning and evening for those who are working. h) More crime will emerge as a result of being housed in one storey units i) 9 HIV and AIDS will increase as a result. 5.4 5.5 Positive Comments about the Project from the Participants Employment opportunities will increase Business opportunities will increase Security will be generally be increased Availability and accessibility to sanitary Toilets at the housing units market stall. Availability and accessibility to water and electricity Suggestions Made By the Participants The welfare and comfort of the community and neighbours should be considered seriously by the developer. The proponent should consider employing local construction workers. The environment and public health should be protected from degradation. Housing units to be constructed before relocation and demonization. Schools for children to be constructed and be provided with water, electricity and sanitary facilities. More bridges to be constructed to enable accessibility to either side of the railway line in both Kibera and Mukuru. Vulnerable groups(orphans, weak and old) be considered Drainage facilities be constructed It was requested that the width size of the foot path be increased from 3 M to 5 M so as to accommodate motor cycle, bicycle and hand carts transport. The project engineer will give recommendations and advice the community that the 5 M footpath is wide enough to accommodate the type of motorized transport. 5.6 Community and Stakeholder Engagement
While this EIA reports on the consultation and disclosure undertaken as part of the EIA, it is acknowledged that consultation is an ongoing process and forms part of the life cycle of the project and social corporate governance of the sponsor. KRC as part of its Environmental
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Environmental Impact Assessment Report. October, 2011. Management Plan (EMP) will therefore ensure that the people in the community and stakeholders continue to be informed during construction and, where appropriate, during operation of the facility. Throughout the project development, consultation and sensitization has been, and will continue to be undertaken by KRC personnel. Community and Stakeholder Engagement are covered in the Social Impact Assessment and the Relocation Action Plan reports.
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Environmental Impact Assessment Report. October, 2011. CHAPTER SIX: ANALYSIS OF ALTERNATIVES OF THE PROJECT 6.1 Introduction
This section analyses the project alternatives in terms of site, technology scale and waste management options. It also looks at uncertainties during the project cycle. It should be noted that within the comparison of the different options, the construction of a boundary wall, relocation units, footpath, market stalls and foot bridges option was taken into consideration due to the reasons of relocation management. 6.2 Relocation Option
Relocation option to a different site is an option available for the project implementation. At present the developer does not have an alternative site. This means that he has to look for the land. Looking for the land to accommodate the scale and size of the project and completing official transaction on it may take a long period although there is no guarantee that the land would be available. Assuming that the land is available the cost of constructing it alone may come to millions of Kenya shillings. The developer would also have spent another one year on design and approvals since design and planning has to be one according to site conditions. Project design and planning before the stage of implementation will cost the developer more and whatever has been done and paid to date will be counted as a loss to Kenya Railway Corporation (the developer). Assuming the project will be rejected by the relevant authorities including NEMA, this project would have been delayed for a long period of time before implementation. This is a delay that our economy can ill afford. This would also lead to a situation like No Project Alternative. The other consequence of this is that it would be a discouragement for Kenya Railway Corporation to design and implement modern market stalls, housing units bridges and footpaths in response to increasing demands for safety a long the Railway line from increasing sub urban populations. 6.3 Proposed construction alternative
Under the proposed construction alternative, the Proponent would be issued with an EIA License. In issuing the license, NEMA would approve the Proponents proposed construction of the boundary wall, housing units, Market stalls, bridges and footpaths provided all environmental measures are complied with during the planning and design construction, operation and decommissioning phases. Due to NEMA approval, construction and operation of the proposed Project, the following will be experienced:
Reduced derails and improve transportation of goods both locally and internationally and help reduce the traffic congestion on the highway;
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The Proponent will be able to put the reserve land to a better use to benefit both the locals and the government of Kenya at large. Employment opportunities will be created from the proposed Project; and generate government revenue through charges on the use of the facilities provided. The living standards of the slum dwellers will improve thus helping in the government to achieve the vision 2030. The slum dwellers will appreciate as a result of more people accessing quick and quality railway transport to the city. No Project Alternative
6.4
The No Project option in respect to the proposed project implies that the status quo is maintained. This option is not the suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing conditions. This option will involve several losses both to the Kenya Railways Corporation (landowner) and the community as a whole. The landowner continues to pay for compensation on accidents and loss of property caused by the people in the informal settlement. The No Project Option is the least preferred from the socio-economic and environmental perspective due to the following factors.
The economic status Kenyans and the local people of Kibera and Mukuru would remain unchanged. The local skills would remain underutilized. Reduced commercial activities due to lack of facilities in the community where the project is proposed. Reduced interaction both at local, national and international levels. No employment opportunities will be created for thousands of Kenyans who will work in the boundary wall, market stalls in the project area. Increased urban poverty and crime in Kenya.
From the analysis above, it becomes apparent that the No Project alternative is not the best option to the proponent, Kenyans and the Government of Kenya. 6.5 Analysis of Alternative Construction Materials and Technology
The building will be constructed using modern, locally and internationally accepted materials to achieve public health, safety and environmental aesthetic requirements. Equipment that saves energy and water will be given first priority without compromising on cost or availability factors. The concrete pillars and walls will be made using locally sourced stones, cement, sand (washed and clean), metal bars and fittings that meet the Kenya Bureau of Standards requirements.
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Beautiful and durable clay tiles will be used because they are good in heat insulation as compared to the iron sheet roofs. This will ensure that the rainwater harvested will be used elsewhere. Heavy use of timber during construction is discouraged because of destruction of forests. The exotic species would be preferred to indigenous species in the construction where need arise. 6.6 Solid waste management alternatives
A lot of wastes will be generated from the proposed Project. An integrated solid waste management system is recommendable. The Proponent will also manage the wastes generated in accordance with Waste Management Regulations of 2006. The proponent will give priority to reduction at source of the materials. This option will demand a solid waste management awareness programme in the management and the tenants. Recycling, reuse and composition of the waste will be the alternative in priority. This will call for a source separation programme to be put in place. The waste will be sold to waste buyers within region or be collected by a private waste management company. The other priority in the hierarchy of options is combustion of the waste that is not recyclable. Finally, sanitary land filling will be the last option for the proponent to consider. 6.7 Uncertainties in the Project Cycle
Uncertainties may arise during the project cycle from a variety of aspects in any development and include the following. i. Changes that may occur in baseline conditions due to external factors over the lifetime of the project. ii. Uncertainties related to policy initiatives that might influence the assessment of future baseline and post development conditions. iii. Uncertainties in design information, which in the current state is dealt with by a good definition of design parameters for the development. iv. Uncertainty with respect to project implementation and planning, since the detailed program and means of construction may be influenced by the choice of contractor, and the detailed design of the development.
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CHAPTER SEVEN: IMPACTS OF THE PROPOSED PROJECT 7.1 Introduction
This chapter identifies both positive and Negative Impacts associated with the Proposed Project. These impacts are hereby identified at three distinct phases of the project; Construction Phase, Operation Phase and Decommissioning Phase. The project being a national development agenda in the transport sector has immense benefits that could save the country losses in terms of accidents, poor service delivery, time losses and loss of government revenue. However poor planning of the project could also affect the environment that supports millions of Kenyans through the potential hazards that the project could pose to the public like pollution of water and atmospheric resources. The project impacts are classified as positive or adverse. However, the study goes further to categorize the impacts in terms of their magnitude, significance, time of occurrence, extent, reversibility and scope of the impacts. 7.2 Positive Impacts during Construction Phase
A number of positive impacts associated with the proposed Project during construction phase are as discussed below; 7.2.1 Employment Opportunities
With the construction boundary wall, storey units, markets stall, bridges and footpaths of the Project, there will be employment opportunities especially for casual workers from the Kibera and Mukuru informal settlements. Creation of employment opportunities has both economic and social benefit. In the economic benefit, abundant unskilled labour will be used in economic production while socially the young and energetic otherwise poor people will be engaged in productive employment other than remaining idle. Employees with diverse skills are expected to work on the site during the construction period. Unskilled employees will gain some skills. 7.2.2 Gains in the Local and National Economy
There will be gains in the local and national economy as a result of the construction of the proposed Project, through consumption of locally available materials including: timber, metals and cement. The consumption of these materials in addition to fuel oil for the
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Environmental Impact Assessment Report. October, 2011. machines to be used at the site and others will attract taxes including Value Added Tax (VAT) and Income Tax which will be payable to the government. The cost of the materials will be payable directly to the suppliers. 7.2.3 Provision of Market for Supply of Building Materials
The project will require supply of large quantities of building gravel and other materials to be extracted from the borrow pits. Most of these materials will be sourced locally from the surrounding areas. This provides ready market for building material suppliers such as quarrying companies, hardware shops and individuals with such materials. 7.2.4 Informal Sectors Benefits
During construction phase of Mukuru and Kibera Project, the informal sectors are temporarily likely to benefit from the operations. This will involve kiosk operators who will be selling food to the workers on site. This will finally promote Jua Kali (informal sector) entrepreneurs at Kibera and Mukuru area for the period that the construction will be taking place. 7.2.5 Environmental Benefits
The Kenya Railway Corporation project has a potential for contributing to the good of the environment of both Kibera and Mukuru. The project will supply good housing units, good drainage systems public toilets to the area 7.2.6 Improved Security
Security will be ensured around the project area through distribution of serviceable security lights and presence of 24-hour security guards. This will lead to improvement in the general security in the surrounding area. 7.3 7.3.1 Negative Impacts during Construction Phase Increased Soil Erosion
Clearance of land and excavation works will lead to increased soil erosion in the project site and release of sediments into the drainage systems. Uncontrolled soil erosion can have adverse effects on the local water sources. The undertaking of earthworks will result in removal of top soils, this exposing the underlying soils making them susceptible to erosion by the elements i.e. soil and wind.
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Environmental Impact Assessment Report. October, 2011. Borrow pits will be created in areas where material (usually soil, gravel or sand) will be excavated for use in the proposed project. This borrow pits will degenerate into artificial bonds and breeding grounds for mosquitoes and other vermin if not properly handled. Excavation related activities may also lead to general terrestrial degradation as well as that of surface and sub-surface water resources. If any hazardous materials will be used in any aspect of construction, there is potential for their introduction into the environment and subsequent transfer to the soils and water resources. Compaction of excavated areas will result in reduced percolation rates of surface run-off, translating into higher surface water flow rates and an increase in capacity to carry away loose top-soils. This will result in a lowering in the quality of the receiving water bodies due to siltation and potential for altering their thermal characteristics. 7.3.2 Vegetation clearing
Before the construction begins there will be need for the clearing of existing vegetation cover, especially within areas where the walls and storey units will be constructed more especially in area of no informal settlements. This will lead to loss of existing flora through the clearing process. Loss of flora will also lead to increased erosion as a result of unstable top soil, resulting in soils with lower nutrient content. 7.3.3 Extraction and use of raw materials
Building materials such as hard core, ballast, cement, rough stone and sand required for construction will be obtained from quarries and sand mines whereby this involves extracting from natural resource banks, such as rivers and land. Since substantial quantities of these materials will be required for construction, the availability and sustainability of such resources at the extraction sites will be strained as they are not renewable. The project in the contract will require hard core, ballast, rough stone and sand gravel This will require extraction of a substantial amount of such materials from the natural environment thus resulting to formation of borrow pits. 7.3.4 Exhaust Emissions
The trucks used for transporting various building materials from their sources to the project site. It contributes to increases in emissions of CO2, NO and fine particulates along the way as a result of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of building materials are required, some of which are sourced outside Municipal Council, such emissions can be enormous and may affect a wider geographical area. The impacts of such emissions can be
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Environmental Impact Assessment Report. October, 2011. greater in areas where the materials are sourced and at the construction site as a result of running vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas. 7.3.5 Noise and Vibration
The construction works, delivery of building materials by heavy trucks and the use of machinery/equipment including bulldozers, generators, metal grinders and concrete mixers will contribute high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the residents, passers-by and other persons within the vicinity of the project site. 7.3.6 Storage of materials
Poor of storage of building materials may result in damaged goods. Such goods cannot be used fot the intended purposes, and will end up entering the environment. Storage of materials therefore needs assessing capacity to withstand the weather and the elements, and provision made to shelter susceptible materials. 7.3.7 Dust emissions
Dust pollution is likely to occur during loading and transportation of the construction material. It will be generated along haulage tracks, and at the concrete mixing works. 7.3.8 Water Use
The construction activities will require large quantities of water which is supplied by a Municipal on site. Water will mainly be used for concrete mixing, curing sanitary and washing purposes. Excessive water use may negatively impact on the ground water source and its sustainability and it may even extend to great lake of Africa. 7.3.9 Drainage
Changes in surface topography alter the flow of water over the terrain. Construction of impervious surfaces such as the parking lot and roofs increase the volume and rate of runoff that may swell the volume of local water courses and bodies, and through enhanced recharge rates and flow conditions. 7.3.10 Storm water runoff
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Environmental Impact Assessment Report. October, 2011. Construction of housing unit, market stalls and paved footpaths may result in additional runoff through creation of impervious areas and compacted soils. Impervious areas and compacted soils generally have higher runoff coefficients than those natural, as witnessed by increased flooding incidences in built-up areas. 7.3.11 Liquid waste generation (grey water) It is anticipated that the crews will be provided with personal hygiene conveniences such as showers, to clean up after a days work. This will generate shower and wash room waste water, referred to as grey water. 7.3.12 Liquid waste generation (black water) The construction workers will generate ablution waste during their day-to-day operations. The generated waste needs proper handling to prevent outbreaks of diseases such as cholera, typhoid and diarrhoea. 7.3.13 Solid Waste Generation Large quantities of solid waste will be generated as a result of excavation of the site and demolitions of the informal structures after relocation. In addition, more solid waste will be generated at the site during construction of the building and related infrastructure. Such waste will consist of metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, empty cartons, empty paint and solvent containers, broken glass among others. Such solid waste materials can be dangerous to the environment through blockage of drainage systems, choking water bodies and negative impacts on human and animal health. This is accentuated by the fact that some of the waste materials contain hazardous substances such as paints, cement, adhesives and cleaning detergents while some of the waste materials including metal cuttings and plastic containers are not biodegradable and can have long-term and cumulative effects on the environment. 7.3.14 Energy Consumption The project will use fossil fuels (mainly diesel) to run transport vehicles and construction machinery. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability. The project will also use electricity supplied by Kenya Power & Lighting Company (KPLC) Ltd. Electricity in Kenya is generated mainly through natural resources, namely water and geothermal resources. In this regard there will be need to use electricity sparingly since high consumption of electricity negatively impacts on these natural resources and their sustainability.
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7.3.15 Risks of Accidents and Injuries to Workers Because at the intensive engineering and construction activities including erection and fastening of roofing materials, metal grinding and cutting, concrete work, steel erection and welding among others, construction workers will be exposed to risks of accidents and injuries. Such injuries can result to accidental falls from high elevations, injuries from hand tools and constructor equipment cuts from sharp edges of metal sheets and collapse of building sections among others. Impacts on human health and safety from the borrow pits are likely to arise from generation of dust and settlement of particulate matter on property and in dwellings near the pits especially during the dry season. This could lead to irritation of the eyes, respiratory complications and aggravation of asthma to those that are afflicted. Borrow pits near communities could become breeding areas for mosquitoes during the rainy season should they become inundated with water. The healthy and safety of children who may use the flooded borrow pits as play grounds and contract water borne diseases such as bilharzias or possibly drown is also of concern. Negative human health impacts will also increase the risk of the spread of HIV and AIDS through introduction of extra human activities at borrow pit sites by construction equipment operators from outside the project area. 7.3.16 Clearance of Temporary Shades The proposed site currently contains temporary shades and wooden structures which are used as family houses, hotels and Kiosks, churches, schools and offices for social organizations. These shades/structures will have to be cleared to pave way for construction. Plates below show some of the structures that will be demolished.
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Fig: 7.1 Trading Stalls
Fig: 7.2
Kenya Railway Track
7.4
Positive impacts of Operational activities
7.4.1 Provision of business facilities The project will provide modern and decent housing units, market stalls and footpaths to Kibera and Mukuru residents. This impact will be significant since the two areas are currently experiencing a shortage of such decent premises and this will improve the living standards. 7.4.2 Employment Opportunities Some people will be employed by the project as management and enforcement agents, caretakers, cleaners, security personnel and technicians. 7.4.3 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authority the project will contribute towards the national and local revenue earnings. 7.4.4 Improved Security
Lockable stalls increase safety for goods and commodities of business operators. Residential households also benefit from better security.
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7.4.5 Water and Sanitation The project will improve delivery of portable water and effective and accessible sanitation services. 7.4.6 Drainage Overall, the hydrology and drainage of the railway line will be improved due to the upgrading of the footpath and drainage structures such as bridges, culverts and other crossdrainage facilities like side drains 7.4.7 Track maintenance improvement
The standard of track maintenance will improve as a result of reduced waste disposal hence an increase in operational speeds leading to improved freight carriage by the RVR. 7.4.8 Infrastructure Growth
With the required railway corridor, the planned commuter and Standard Gauge railway can be developed with ease, greatly impacting on economic growth in Kenya in line with Vision 2030 7.4.9 Pedestrian Traffic
Provision of a footpath and overhead footbridges to divert the human traffic away from the railway reserve is a great benefit to the community. The footpath will further foster easier access to other areas and social services (particularly health facilities) with the resultant improvement in trade and commercial activities. 7.4.10 Improvement of Commuter Service Improvement of railway commuter services will lead to more transport options, leading to a cheaper and more reliable transport system. 7.4.11 Improved Livelihood Lighting and increased availability of customers increases the vibrancy of businesses as a result of extended hours of operating as well as strengthening the symbiotic relationship between the businesses and the surrounding formal estates.
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Environmental Impact Assessment Report. October, 2011. 7.5 7.5.1 Negative Impacts of Operational Activities Solid Waste Generation.
The project is expected to generate enormous amounts of solid waste during its operation phase. The bulk of the solid waste generated during the operation of the project will consist of food remains, plastics, old clothes, metal, textile and organic wastes. Such wastes can cause blockage to drainage systems, choking of water bodies and negative impacts on animal health. Some of these waste materials especially the plastics/polythenes which are not biodegradable may cause long-term injurious effects to the environment. 7.5.2 Water Use
The activities during the operation phase of the project will involve the use of large quantities of water. This includes the flush toilets in the housing units and in the market stalls. This will result to increased demand for water which may exceed supply capacity 7.5.3 Waste Waters/ Effluence.
Liquid wastes will originate from kitchen, bathroom, toilets and washing operations. Those from the kitchen will be composed of fats, oil and grease while waste water from bathroom and washing will have a lot of detergents. 7.5.4 Increased Demand for Sanitation
The project involves the construction of a housing units and market stalls. This will lead to increased demand for sanitation and sewage disposal 7.5.5 Increased Storm Water Flow.
The building roofs and pavements will lead to increased volume and velocity of storm water or run-off flowing across the area covered by the houses. This will lead to increased amounts of storm water entering the drainage systems, resulting in overflow and damage to such systems in addition to increased erosion or water logging in the neighboring areas. 7.5.6 Energy Consumption.
During occupation, the tenants will use electricity for lighting, cooking, running of air conditioning equipment and other similar activities. Since electricity generation involves utilization of natural resources, excessive electricity consumption will strain the resources and negatively impact on their sustainability.
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7.5.7
Loss of Social Networks
Significant social impact will result from loss of social networks as the proposed wall will separate the direct interaction that has existed between groups on opposite sides of the track. 7.5.8 Loss of Business and Property
Some of the loyal customers may be blocked on the other side of the wall. 7.5.9 Energy Consumption
During operation the market stalls and housing units will use a lot of electrical energy mainly for domestic and commercial purposes including lighting, welding, cooking, running of air conditioning equipment, running of refrigeration systems, ironing and pumping water into reservoirs tanks. Since electricity generation involves utilization of natural resources, excessive electricity consumption will strain the resources and negatively impact on their sustainability. Another possible source of energy is the use of cooking gas which if not well handled may cause fires and damage to human life and property. 7.6 7.6.1 Positive Impacts of Decommissioning Activities Rehabilitation
Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil and revegetation which will lead to improved visual quality of the area. 7.6.2 Employment Opportunities Several employment opportunities will be created for demolition staff. 7.7 7.7.1 Negative Impacts of Decommissioning Activities Solid Waste
Demolition of the project buildings 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 net 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 some
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Environmental Impact Assessment Report. October, 2011. generally non-toxic chemicals such as chloride, sodium, sulphur and ammonia which may be released as a result of leaching of demolition waste re known to lead to degradation of groundwater quality. 7.7.2 Dust
Large quantities of dust will be generated during exaction and demolition works: This will affect excavation and demolition staff as well as the neighboring tenants. 7.7.3 Noise and Vibration The excavation and demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas. 7.8 IMPACTS MITIGATION AND MONITORING
This chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with activities of the project during its construction, operation and decommissioning phases. Allocation of responsibilities, timeframe and estimated costs for implementation of these measures are presented in the environmental management programme (EMP) in Chapter 9.
7.8.1 Mitigation of Construction Phase Impacts

7.8.1.1 Efficient Sourcing and Use of Raw Materials The proponent will source building materials such as sand, ballast and hard core from registered quarry and sand mining firms, whose projects have undergone satisfactory environmental impact, assessment/audit and received NEMA approval. Since such firms are expected to apply acceptable environmental performance standards, the negative impacts of their activities at the extraction sites are considerably well mitigated. To reduce the negative impacts on availability and sustainability of the materials, the proponent will only order for what will be required through accurate budgeting and estimation of actual construction requirements. This will ensure that materials are not extracted or purchased in excessive quantities. Moreover, the proponent will ensure that wastage, damage or loss (through run off, wind, etc) of materials at the construction site is kept minimal, as these would lead to additional demand for and extraction or purchase materials. In addition to the above measures, the proponent shall consider reuse of use and reuse of recycled building materials. This will lead to reduction in the amount of raw materials extracted from natural resources is well as reducing impacts at the extraction sites.
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Environmental Impact Assessment Report. October, 2011. 7.8.1.2Earth works Excavation of overburden will be required before construction begins. The proponent will undertake the following: Demarcation and fencing-off of the project area within which construction works will take place Earth and limited moving machinery and construction vehicles shall only operate on designated haulage routes. The Excavated soil during the construction will not be disposed. It is recommended that part of the topsoil excavated from the proposed construction site be re-spread in areas to be landscaped. The excavated spoil material should be stored in such a manner to prevent wash away by rain. Cut slopes from excavation should be stabilized by planting with suitable, slope stability reinforcing grasses. Construction and excavation works shall be undertaken during dry periods, as far as possible. Leveling of the project site will be undertaken in such a manner as to reduce surface runoff velocity and permit increased infiltration. Ensure that earth moving vehicles are restricted to designated roads to avoid soil compaction within the project site. Ensure that any compacted areas are ripped up to reduce run-off. Site excavation works to be planned such that a section is completed and configured before work begins on another section. Sprinkle water on exposed dusty surfaces to reduce dust generation by construction activities. Avoid earthworks in extremely dry conditions. Ensure strict compliance with on-site speed limits. Stockpiling topsoil for use in the rehabilitation of borrow pits where extraction of gravel has been exhausted; and Rehabilitating each borrow pit each time gravel extraction has been exhausted or at the end of the contract. 7.8.1.3 Minimization of Vegetation Disturbance Clearance of part of the vegetation at the project site to pave way for construction will be inevitable. However, the proponent will ensure proper demarcation project area to be affected by the construction works. This will be aimed at ensuring that any disturbance to flora and fauna is restricted to the actual project area and avoid spill over effects on the neighboring areas. In the same vein, there will be strict control of construction vehicles to ensure that they operate only within the area to be disturbed by access routes other works.
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Environmental Impact Assessment Report. October, 2011. Another important measure aimed at reducing disturbance of vegetation in the project area will be preservation of individual trees within the site. In addition, the proponent has committed himself to re-vegetation of some of the disturbed areas through implementation of a well designed landscaping programme. It is recommended that part of the topsoil excavated from the construction site be re-spread in areas to be landscaped to enhance plant health. 7.8.1.4 Minimization of Storm Water Run-off and Soil Erosion The proponent of the project Road will put in place some measures aimed at minimizing soil erosion and associated sediment release from the project site during construction. These measures will include terracing and levelling the project site to reduce run-off velocity and increase infiltration of rain water into the soil. In addition, construction vehicles will be restricted to designated areas to avoid soil compaction within the project site, while any compacted areas will be ripped to reduce run-off. Increased runoff from paved grounds and expansive roofs causing extreme flooding and overflows of drainage systems shall be mitigated. Surface runoff and roof water shall be harvested and stored in underground reservoir for reuse. A storm water management plan that minimizes impervious area infiltration by use of recharge areas and use of detention and/or retention with graduated outlet control structures will be designed. Excavations at the site will be restricted to the sections where the boundary wall, housing units, market stalls drainage channels and footpaths will be. Excavated earth will be held away from trenches and on locations of the site not susceptible to surface runoff of storm water. The earth removed for external disposal will require to be deposited on sites without the risk of being washed down during rains and where it will not compromise other land use activities in those areas. Caution will be required during construction at times of heavy rains.
Re-vegetate exposed areas around the site so as to mitigate erosion of soil by storm water runoff. The final site grade should facilitate drainage and avoid flooding and pooling. A site drainage plan should be developed to protect against erosion. Installation of drainage trenches, construction of runoff and retention ponds is necessary. Minimization of disturbances and scarification of the surface should be observed to reduce erosion impacts. All slopes and working surfaces should be returned to a stable condition and topsoil on the final site would be graded and planted as appropriate.
7.8.1.5 Minimization of Construction Waste
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Environmental Impact Assessment Report. October, 2011. It is recommended that demolition and construction waste is recycled to ensure that materials that would otherwise be disposed of as waste are diverted for productive uses. In this regard, the proponent is committed to ensuring those construction materials leftover at the end of construction will be used in other projects rather than being disposed of. In addition drainage or wasted construction materials including cabinets, doors, plumbing and lighting fixtures, marbles and glass will be recovered for refurbishing and use in other projects. Such measures will involve the sale or donation of such recyclable/reusable materials to construction .companies local community groups, institutions and individual residents or home owners. The proponent will put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It further recommended that the proponent should consider the use of recycled or refurbished construction materials. Purchasing and using once used or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. Additional recommendations for minimization of solid waste during construction of the project include: Additional recommendations for minimization of solid waste during construction of the project include: a) Use of durable, long- lasting materials that will not need to be replaced as often, thereby reducing the amount of construction waste generated over time; b) Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements; c) Use of building materials that have minimal packaging to avoid the generation of excessive packaging waste; d) Use of construction materials that have been refurbished, renewed or recycled. e) Apply an integrated solid waste management system through a hierarchy of options i.e. i) source reduction; ii) recycling; iii) composting & reuse; iv) combustion; v) sanitary land filling. f) Rationalized materials procurement in terms of the right sizes and quantities, rather than having to cut them to size or having large quantities of residual materials. g) Ensure that construction materials left over at the end of construction will be used in other projects rather than being thrown away h) Ensure that damaged or unused construction materials such as woodworks, plumbing and lighting fixtures will be retained for use in other projects i) Wherever possible, donate recyclable/reusable or residual materials to local community groups, institutions and individual local residents or home owners j) Use durable, long-lasting materials that need less frequent replacement, thus reducing amounts of solid waste generated over the construction period
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Environmental Impact Assessment Report. October, 2011. k) Use building materials that have minimal or no packaging to avoid the generation of excessive packaging waste l) Dispose waste responsibly by dumping at designated sites or landfills m) Designate waste aggregation sites on the construction site n) Contract only NEMA licensed waste disposal companies or firms when disposing solid waste from the sit 7.8.1.6 Reduction of Dust Generation and Emission Dust emission during construction will be minimized through strict enforcement of on site speed controls as well as limiting unnecessary traffic within the project site. In addition; it is recommended that excavation works be carried out in wet weather; and traffic routes on site be sprinkled with water regularly to reduce amount of dust generated by the construction trucks. 7.8.1.7 Particulate emissions Maintain machinery and vehicles fitted with internal combustion engines in efficient working order and Limit idling times of internal combustion engines. 7.8.1.8 Minimization of Exhaust Emissions This will be achieved through proper planning of transportation of materials to ensure that vehicle fills are increased in order to reduce the number of trips done or the number of vehicles on the road. In addition truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas, and to switch off or keep vehicle engines at these points. Construction plant and equipment shall be well maintained to reduce emission of noxious gases Vehicle idling time shall be minimized. Discourage vehicle re-fuelling in the afternoon and insist on the utilisation of low-sulphur diesels as fuel. 7.8.1.9 Minimization of Noise and Vibration Noise and vibration will be minimized in the project site and surrounding areas through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they will be instructed to avoid running of vehicle engines or hooting especially when passing through sensitive areas such as churches, residential areas and hospitals. In addition, construction machinery shall be kept in good condition to reduce noise generation. It is recommended that all generators and heavy duty equipment be insulated or placed in enclosures to minimize ambient noise levels. Noisy construction activities will be undertaken during the day when neighbours are least sensitive to noise.
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Environmental Impact Assessment Report. October, 2011. 7.8.1.10 Liquid waste generation Provide containment means of adequate design and capacity for collection of domestic liquid effluent generated by site workers (mobile toilets).Ensure domestic effluent (black water) is collected by NEMA licensed firms and disposed of at NEMA licensed effluent treatment facilities. Provide appropriate means of adequate capacity for collection and storage of grey water liquid effluent generated by site workers. Ensure grey water effluent is collected by NEMA licensed firms and disposed of at NEMA licensed effluent treatment facilities. 7.8.1.11 Controlling Oil Spills during Construction Phase The proponent of the proposed project will control the dangers of oil spills during construction by maintaining the machinery in specific areas designed for this purpose hence might not be a serious impact as a result of the construction of the project structures 7.8.1.12 Minimization of Water Use The proponent shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. 7.8.2 Reduction of Risks of Accidents and Injuries to Workers
The proponent is committed to adherence to the occupational, health and safety rules and regulations stipulated in Occupational Health and Safety Act (Cap 514). In this regard, the proponent is committed to provision of appropriate personal protective equipment, as well as ensuring a safe and health environment for construction workers as outlined below and in the EMP. 7.8.2.1 Emergency preparedness & evacuation procedures Deploy appropriate emergency preparedness measures including evacuation procedures in case of emergency. Ensure that the most current emergency telephone numbers are prominently and strategically displayed on posters within the site. Ensure that all the workers are insured as per The Workmens Injury and Benefits Act. Before embarking on work in dangerous situations, like working at heights or in confined spaces, a work permit must be issued and the activity under surveillance in accordance with recommended practice. 7.8.2.2 Fire hazards
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Environmental Impact Assessment Report. October, 2011. Install at strategic points fire fighting equipment and ensure their performance through regular inspection. Signs such as No Smoking must be prominently displayed within the construction site, especially where inflammable materials are stored. 7.8.2.3 Electrical safety The contractor should ensure that Circuits are not overloaded .Distribution board switches must also be clearly marked to indicate respective circuits. There should be no exposed live connections on the site and all electrical equipment must be earthed. 7.8.2.4 Occupational Safety and Health (OSH) The contractor hired must be compliant with the Kenya Railways Safety, Health and Environment (SHE) Policy. Workers shall be provided with appropriate personal protective equipment, such as coveralls, boots,mittens, gloves, goggles, dust and fume masks, all of which must be regularly replaced Ensure that all building plans are approved by the Local Authority and the Local Occupational Health and Safety Office. The abstract of the Occupational Safety & Health Act 2007 must be displayed at prominent places within the site. A general register should be kept within the work areas as stipulated in the Occupational Safety & Health Act 2007. Ensure that incidents, accidents and near misses during construction are reported using prescribed forms obtainable from the local OSH Office. Ensure that duties in dangerous places i.e. confined spaces and at heights are performed only after issuance of a working permit. Well stocked first aid box which is easily available and accessible should be provided within the construction siteArrangements must be made for deployment of persons trained in first aid, evidenced by a certificate issued by a recognised body. 7.8.2.5 Workers Welfare Ensure that all site personnel are provided with an adequate supply of safe drinking water, which should be at accessible points at all time. Provide conveniently accessible, clean, orderly, adequate and suitable washing facilities within the site. The contractor will screen susceptible workers before employment. At the end of the Construction Phase all construction workers will undergo occupational health examination.
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Ensure all employees involved in construction are insured within the existing provisions of the Injuries & Benefits Act (Kenya Government). The contractor will ensure the formation of a Safety & Health Committee at the construction site, on which they are represented by a senior member. Suitable, efficient, clean, well-lit and adequate sanitary conveniences should be provided for construction workers. All ladders and scaffolds used in construction works must be of sound construction and quality material. Permit the vending of legal consumables within the work site. Provide shelters for the vendors and consumers of such goods within the work site. Promote check-off system for payment of such petty trade transactions.
7.8.2.6 Reduction of Energy Consumption The proponent shall ensure responsible electricity use at the construction site through sensitization of staff to conserve electricity by switching off electrical equipment or appliances when they are not being used. In addition, proper planning of transportation of materials will ensure that fossil fuels (diesel, petrol) are not consumed in excessive amounts. Complementary to these measures, the proponent shall monitor energy use during construction and set targets for reduction of energy use. Ensure electrical equipment, appliances and lights are switched off when not in use and provide energy saving lighting instead of the incandescent bulbs which consume more energy. 7.8.2.7 Ergonomics Ensure that equipment and work tasks are adapted to fit workers and their ability including protection against physical and mental strain Hand tools must be of appropriate size and shape for easy and safe use.
7.8.2.8 Machinery / equipment safety Ensure that construction plant and machinery undergoes statutory periodic examination Ensure that all dangerous moving parts of machinery are guarded Quality checks with regard to personal protective equipment, appliances and hand tools used in construction do comply with prescribed safety and health standards. Statutory reports of examinations must be presented in prescribed forms, signed by the examiner and attached to the general register.
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Environmental Impact Assessment Report. October, 2011. 7.8.3 Site Organization Develop a clear site organisation plan and construction schedule Procure and store materials at appropriate locations Hire the right calibre of workers with clear work schedules and appropriate reporting hierarchy.
7.8.3.1 Personal health Conducting an awareness campaign covering construction equipment operators at borrow pits and the local community on matters of HIV/AIDS; and distributing condoms to construction equipment operators and local residents in the project area. The impacts on local communities associated with the borrow pits should be lowered to low significance levels by implementing the following mitigation measures: Regularly watering access roads and borrow pit sites in close proximity to human settlements during the dry season in order to suppress dust generation and particulate settlement; Sensitizing local communities not to allow children to play in flooded borrow pits during the rainy season; Conducting indoor spraying for mosquitoes; Conducting an awareness campaign covering construction equipment operators at borrow pits and the local community on matters of HIV/AIDS; and Distributing condoms to construction equipment operators and local residents in the project area.
7.8.3.2 Scavengers and Vermin Adopt solid waste management systems that deter scavengers i.e. animals and birds. 7.8.3.2 Increased Pressure on Infrastructure Liaise with key agencies and institutions that have provided existing infrastructure at the project area. Participate in the upgrade of existing infrastructure and services, to accommodate the new loads and demands caused by the project.
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Environmental Impact Assessment Report. October, 2011. 7.9 7.9.1 MITIGATION OF OPERATION PHASE IMPACTS Ensuring Efficient Solid Waste Management
The proponent will be responsible for efficient management of solid waste generated by the project during its operation. In this regard, the proponent will provide waste handling facilities such as waste bins and skips for temporarily holding waste generated at the site. In addition, the proponent will ensure that such waste is disposed of regularly and appropriately. It is recommended that the proponent puts in place measures to ensure that the occupants of the premises manage their waste efficiently through recycling, reuse and proper disposal procedures. 7.9.2 Minimization of Sewage Release
The proponent will ensure that there are adequate means for handling the large quantities of sewage generated at the project site. Connect the Site to a sewage system as soon as practicable and provide adequate and safe means of sewage handling at the Station. It will also be important to ensure that sewage pipes are not blocked or damaged since such vices can lead to release of the effluent, resulting in land and water contamination. Such blockages or damages will be fixed expeditiously.Fouling of the railway line by human waste to be prohibited. 7.9.3 Ensure Efficient Energy Consumption
The proponent plans to install an energy-efficient lighting system at the building which will contribute immensely to energy saving during the operational phase of the project. In addition, occupants of the building will be sensitized to ensure energy efficiency in their domestic operations. To complement these measures, it will be important to monitor energy use during the operation of the project and set targets for efficient energy use. 7.9.4 Ensure Efficient Water Use
The proponent will install water-conserving automatic taps and toilets. Moreover, any water leaks through damaged pipes and faulty taps will be fixed promptly by qualified staff. In addition, the occupants of the building will be sensitized to use water efficiently. 7.9.5 Encroachment on Privacy
There is need to address the issue of encroachment on privacy of those residing within the vicinity of the project. Although the height of the facility shall be at the ground level, the other mitigation measure shall be planting of trees that will grow to the required height to
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Environmental Impact Assessment Report. October, 2011. prevent encroachment on privacy. More so the concrete wall shall he raised to appropriate height too. 7.9.6 Public health
Use some of the advertising space for public awareness on health and hygiene e.g. do not spit, cough only intoyour hand/arm, direct away from others, wash hands etc. 7.9.7 Accidents
Display warning and cautionary signs at all potential incident sites and establish a near-miss incident recording system and investigation procedure. Construct level crossings, foot bridges at spots where people have a need to cross. More especially areas of human traffic jam. 7.9.8 Odours
Potential sources of odours (putrefying solid wastes) should be effectively and efficiently removed. 7.9.9 Scavengers and Vermin
Adopt solid waste management systems that deter scavengers i.e. animals and birds. Reinforce systems of food waste disposal to avoid attraction of scavenger birds.
7.10 Mitigation of Decommissioning Phase Impacts

Just as in the case during the construction and operation phase, the negative impacts of the decommissioning phase of the proposed project can be mitigated as follows: 7.10.1 Efficient Solid Waste Management Solid waste resulting from demolition or dismantling works associated with the proposed development during decommissioning phase will be managed as follows: Use of durable, long-lasting materials that will not need to be replaced as often, thereby reducing the amount of demolition waste generated during decommissioning phase Provision of facilities for proper handling and storage of demolition materials to reduce the amount of waste caused by damage or exposure to the elements
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Adequate collection and storage of waste on site and safe transportation to the disposal sites and disposal methods at designated area shall be provided.
7.10.2 Reduction of Dust Concentration High levels of dust concentration resulting from demolition or dismantling works will be minimized as follows: Watering all active demolition areas as and when necessary to lay dust. Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. 7.10.3 Minimization of Noise and Vibration Significant impacts on the acoustic environment will be mitigated by the project proponent of the proposed project Plant shall put in place several measures that will mitigate noise pollution arising during the decommissioning phase. The following noise-suppression techniques will be employed to minimize the impact of temporary destruction noise at the project site. Use quiet equipment (i.e. equipment designed with noise control elements). Limit vehicles and other small equipment with engines to a minimum idling time and observe a common-sense approach to vehicle use, and encourage workers to shut off vehicle engines whenever possible. Demolish mainly during the day, a time with minimal noise disturbance. 7.10.4 Site Rehabilitation after Decommissioning After gravel extraction has been exhausted or the contract has ended, borrow pits need to be decommissioned. Decommissioning requires that each borrow pit be rehabilitated. Requirements for the rehabilitation of the borrow pits under the contract have been included in the Environmental Management Plan (EMP) The project operator shall, on decommissioning of the project, restore the site to its original status as far is practicable and plant trees at the site. 7.11 Matrices
Matrices have been used to provide because effect relationships between the various project activities and their effects on the environmentally important components. The results have been organised in tabular form as shown in Table below.
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7.11.1 The anticipated Impacts These are depicted during the planning, demolition, construction and decommissioning phases and are rated numerically using numbers and indicated as positive (+) or negative (-) as follows: Categorisation of positive Impacts: +I +II +III Low Medium High Categorisation of negative Impacts: -I -II -III Low Medium High
High impacts will be considered significant; Medium impacts less significant and low impacts as no consequence. See Table 7.1 Categorisation of Impacts.
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Project Phase
Project Activity
Environmental Parameters
Bio Physical
Soil Water Flora Fauna Noise Dust
Social Economic & Cultural

Economy Health Education
Planning
Stakeholders Consultants EIA report preparation
+III +III -III -II -II -II
+III +III -II -II -II -II
+III +III -III -II -III -I
+III +III -II -II -I -I
+III +III -II
+III +III -I
+III +III +II +II
+III +III -I +III +III
+III +III
Construction
Demolition Vegetation Clearing Excavation Foundation Laying Structure Setting Interior Installations Landscaping
-I -I +III
-I
-III
-II
-II
-II
+III
-II
-I +III -II +III -I +III -I +II -I -II +II -II
+III +II
-III +II -II
Decommission ing
Decamping
76

Waste generation Traffic -II -I -III -I -II -II -I -III -II -I -I -I -II
Operation & Maintenance
Occupation Waste generation
-III +III
-II +II
-III +III
-II +II
-II +I
+I +II +I +I
Traffic Building maintenance Gardening
-II +II -III
+I +III +II
-I +I +III
+I +III
+III
+II
+III
+II
+II
+II
+II
Table: 7.1
KEY: Categorisation of Impacts I II III Low Medium High
Categorisation of Impacts
(+) Positive and (-) Negative
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Environmental Impact Assessment Report. October, 2011. CHAPTER EIGHT: ENVIRONMENT, HEALTH AND SAFETY (EHS). 8.0 Introduction
Environment, Health and Safety (EHS) is concerned with state of working environment for the workers, tools / equipments and the biotic environment. It is an essential tool in determining the EIA study. The main objective of the EHS on the proposed project is to develop guidelines for protecting, managing and responding, processes, situations/conditions that might compromise health, safety and security of workers and ecological well being. It aims at: Providing safe and healthy working environment for workers , Limiting loss or damage to ecological resources, and Promoting environmental sustainability. Avoiding occupational injuries, 8.1 Guidelines for EHS.
In order to effectively achieve EHS goals, the company and its workers will do the following: Commit itself to the promoting and maintaining high levels of safety and health standards, Ensure that project activities protect the environment and natural resources, Be vigilant and track significant changes occurring to the environment and ecosystem health for prompt actions, Employees will be expected to take personal responsibility for their safety, safety of colleagues and of the general public as it relates to the EHS management plan. 8.2 8.2.1 Obligations in Environment, Health and Safety. The Contractor.
The contractor will ensure that: Safe means of entry and exit exist at the proposed project site, Ensure adequate briefing of job at hand on the safe system of work before commencement of work, The EHS coordinator must be in attendance at all times throughout the duration of the project, The EHS consultant must maintain constant assessment of the risk involved as the work progresses, A safety harness must be worn before entry into all confined spaces, and An EHS consultant must be posted at the entrance of the project site to monitor progress and safety of the persons working at the construction site.
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Environmental Impact Assessment Report. October, 2011. 8.2.2 Drivers.
Within the construction premises, the following traffic rules will be observed: Observe speed limits and all other signs and obey traffic rules Use the vehicle for the purpose to which it is intended only. 8.2.3 Welders.
Workers carrying out welding activities will ensure that: Welding clamps are fixed such that no current passes through any moving parts of any machine, Welding clamps are in good operating condition, and Slag or molten metal arising from welding activities does not start up fires by Notify the workers that all is well when emergencies have been attended to. 8.3 Fire Preparedness.
Fire outbreaks are the most common disasters in premises of this kind. The proponent will have to take precautionary measures to avert or fix such incidences. In this regard, the following shall be provided: Fire sign notice at visible locations at all the entrances Horse real in each flat with 1x 9 Litres Water,O2 fire extinguishers,, 9 Kg of fire extinguisher in each room, 4.5 Kg dry powder fire extinguisher in each floor, 4500 Litre water storage tank reserved for fire fighting with booster pump. In the event that other emergencies occur during construction, the workers shall: Alert other persons exposed to danger, Inform the EHS coordinator, Do a quick assessment on the nature of emergency, and Call for ambulance on standby.
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Environmental Impact Assessment Report. October, 2011. CHAPTER NINE: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN. It has been proved that construction of this nature and similar buildings do have significant environmental impacts. Therefore, it is imperative that adverse impacts are reduced/ averted and positive ones maximized. In this regard the EIA Expert developed an Environmental Management Plan (EMP) to aid the proponent in managing significant environmental impacts associated with the project. Also the contractors are required to prepare and submit for proponents (Kenya Railway Corporation) approval their own health, safety environment and social management plans. The EMP has been developed to provide a basis for an Environmental Management System (EMS; ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change through the life of the project and considerable provisions have been made such dynamics. As such, the EMP will be subject to a regular regime of periodic review. Tables 9.1, 9.2 and 9.3 illustrate how EMP shall operate during construction, occupation and decommissioning phases of the project. The tables contain environmental impacts, mitigation measures, responsibilities and monetary aspects of the project cycle. Information in this EMP will be used in future annual audits to verify if projected impacts were realized and the manner in which they were managed.
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Project Activities Procurement Transportati on Construction of site office Expected Negative Mitigation measures impacts Oil spillage Materials spillage Littering the site Oil spillage Materials spillage Littering the site Ensure use of serviceable vehicles Ensure no spillage occurs Responsible persons Implementat ion Schedule Cost estimate (Ksh) 20,000
Contractor/ Site Engineer Throughout construction period
Ensure no spillage occurs Contractor Ensure use serviceable machinery Supervising /Site Ensure no littering of the compound Engineer Ensure safe storage of materials Ensure accurate budgeting and estimation of actual construction material requirements to ensure that the least amount of material necessary is ordered. Ensure that damage or loss of materials at the construction site is kept minimal through proper storage.
300,000
Vegetation disturbance
Use at least 5%-10% recycled refurbished or salvaged materials to reduce the use of raw materials and divert material from landfills. Minimize vegetation disturbance at and or around construction site Ensure proper demarcation and delineation of the project area to be affected by construction works. Specify locations for vehicles and equipment, and areas of the site which should be kept free of traffic, equipment, and storage. Designate access routes and parking within the site. Introduction of vegetation (trees and grass) on open spaces and around the project site and their maintenance. Design and implement an appropriate landscaping programme to help in revegetation of part of the project area 1000,000
Architect & Landscape
81

after construction. Increased storm water, runoff and soil erosion specialist Reduce storm-water runoff and soil erosion Surface runoff and roof water shall be harvested and stored in reservoirs so that it can be used for wetting and/or cooling purposes. Civil Engineer, Mechanical Engineer and Resident Project Manager The Civil Engineer, Mechanical Engineer and Project Manager The Civil Engineer, Mechanical Engineer and Resident Project Manager The Civil Engineer, Mechanical Engineer and Resident Project Manager Contractor 2 months 2000,000
A storm water management plan that minimizes impervious area infiltration by use of recharge areas and use of detention and/or retention with graduated outlet control structure will be designed. Apply soil erosion control measures such as levelling of the project site to reduce run-off velocity and increase infiltration of storm water into the soil.
1 month
1 months
Apply soil erosion control measures such as levelling of the project site to reduce run-off velocity and increase infiltration of storm water into the soil.
Ensure that construction vehicles are restricted to use existing graded roads Ensure that any compacted areas are ripped to reduce run-off.
Contractor 82
Throughout construction period 2 months

Site excavation works to be planned such that a section is completed and rehabilitated before another section begins. Throughout 5,000 per construction unit period Interconnected open drains will be provided on site. Civil Engineer Throughout 500,000 construction per unit period Roof catchments will be used to collect the storm water for Civil Engineer Throughout some office uses. construction period Construction of water storage tanks to collect storm water for Civil Engineer Throughout office and plant uses. construction period Minimize solid waste generation and ensure efficient solid waste management during construction Use of an integrated solid waste management system i.e. Resident Project Throughout 100,000 through a hierarchy of options: 1. Reduction at source 2. Manager & construction Recycling 3. Reusing 4. Contractor period Incineration 5. Sanitary landfilling. Through accurate estimation of the dimensions and quantities Resident Project One-off 0 of materials required. Manager & Contractor Use of durable, long-lasting materials that will not need to be Resident Project Throughout 0 replaced as often, thereby reducing the amount of construction Manager & construction waste generated over time Contractor period Provide facilities for proper handling and storage of Resident Project One-off 0 construction materials to reduce the amount of waste caused Manager & by damage or exposure to the elements Contractor Use building materials that have minimal or no packaging to Resident Project Throughout 0 avoid the Manager & construction generation of excessive packaging waste Contractor period Reuse packaging materials such as cartons, cement bags, empty
Resident Project Manager
Increased solid waste generation
Resident Project 83
Throughout

metal and plastic containers to reduce waste at site Manager, Mechanical Engineer & Contractor Resident Project Manager, Mechanical Engineer & Contractor Resident Project Manager, Mechanical Engineer & Contractor construction period
Dispose waste more responsibly by contracting a registered waste handler who will dispose the wastes at designated sites or landfills only.
Throughout construction period
1000,000
Waste collection bins to be provided at designated points on site
400,000
Air Pollution Road dust. Borrow pit dust, emissions from cement and aggregate mixing to make concrete Generation of dust and settlement of particulate matter on property and in dwellings near the borrow pits especially during the dry season. Could lead to irritation of the eyes, respiratory complications and aggravation of asthma to those that are afflicted. Ensure strict enforcement of on-site speed limit regulations. Regularly watering access roads and borrow pit sites in close proximity to human settlements during the dry season in order to suppress dust generation and particulate settlement Resident Project Manager & Contractor Throughout construction period 500,000
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Increase of air Avoid excavation works in extremely dry weather. borne dust during Mixing should not be done on windy location dry season. Dust All access roads and work areas to be regularly sprinkled with emission at borrow water pits near settlements Sprinkle water on graded access routes when necessary to reduce dust generation by construction vehicles
Resident Project Manager & Contractor
300,000 per month
Exhaust emission
Resident Project Manager & Contractor Personal Protective equipment to be Resident Project provided to employees (breathing protection gear) Manager & Contractor Vehicle idling time shall be minimised Resident Project Alternatively fuelled construction equipment shall be used Manager & where feasible equipment shall be properly maintained Contractor Sensitise truck drivers to avoid unnecessary revving engines of stationary vehicles and to switch off engines whenever possible Minimization of Noise and Vibration Resident Project Manager & Contractor
Throughout construction period Throughout construction period Throughout construction period
Noise and vibration from construction site and borrow pit(extraction of gravel sites)
Sensitise construction vehicle drivers and machinery operators to switch off engines of vehicles or machinery not being used. Sensitise construction drivers to avoid reversing of vehicle engines or hooting Ensure that construction machinery is kept in good condition to reduce noise generation. Limiting the extraction of gravel from borrow pits to normal working hours as legally provided for by Kenyan Laws and not outside 7:00 to 18:00 hours; Ensure that all generators and heavy duty equipment are insulated or placed in enclosures (containers) to minimize
Routine site operation
Resident Project Manager & all site foreman
100,000
Resident Project Manager & all site 85

ambient noise levels. Trees to be planted around the site to provide some buffer against noise propagation foreman Resident Project Manager & all site foreman The noisy construction works will entirely be planned to be Resident Project during day time when most of the neighbours will be at Manager & all site work. foreman Minimization of Energy Consumption
Throughout construction period Throughout construction period
400,000
Increased energy consumption
Ensure electrical equipment, appliances and lights are switched off when not being used Install energy saving bulbs/tubes at all lighting points instead of incandescent bulbs which consume higher electric energy
Resident Project Manager & Contractor
Throughout construction period 5,000
High Water Demand
Resident Project Throughout Manager & construction Contractor period Plan well for transportation of materials to ensure that fossil Resident Project Throughout fuels (diesel, petrol) are not consumed in excessive amounts Manager & construction Contractor period Monitor energy use during construction and set targets for Resident Project Throughout reduction of energy use. Manager & construction Contractor period Minimize water consumption and ensure more efficient and safe water use. Water to be brought in from the City Water and Sewerage Mechanical Throughout Company Engineer construction Harness rainwater for office & gardening and Resident period Project Manager
10,000
5,000
5,000 per unit
86

Install water conserving taps that turn-off automatically when water is not being used Resident Project Manager & Contractor One-off 40% more than price of ordinary taps 2,000
Promote recycling and reuse of water as much as possible
Generation of wastewater
Resident Project Manager & Contractor Install a discharge meter at water outlets to determine and Resident Project monitor total Manager & water usage Contractor Promptly detect and repair of water pipe and tank leaks Resident Project Manager & Contractor Sensitise construction workers to conserve water by avoiding Resident Project unnecessary toilet flushing etc. Manager & Contractor Ensure taps are not running when not Resident Project in use Manager & Contractor Minimize release of liquid effluent Provide means for handling/treating sewage generated at the Mechanical construction site Engineer & Resident Project Manager Conduct regular checks for sewage pipe blockages or damages Mechanical since such vices can lead to release of the effluent into the land Engineer & and water bodies Resident Project Manager Monitor effluent quality regularly to ensure that the stipulated ensure that the discharge stipulated discharge 87
Throughout construction period One-off
200,000
Throughout construction period Throughout construction period Throughout construction period One-off
100,000
20,000
30,000
30,000
Throughout construction period Throughout construction
2,000/mo nth
2,000/mo nth

rules and standards are not violated rules and standards are not violated Mechanical Engineer & Resident Project Manager Minimize occupational health and safety risks. Ensure compliance with The OSHA (Building Operations and Contractor Works of Engineering Construction Rules), L.N. 40 of 1984 Human Health And Safety. Borrow pits near communities could become breeding areas for mosquitoes. Water borne diseases such as bilharzias to children who may use the flooded borrow pits as play grounds. Sensitizing local communities not to allow children to play in flooded borrow pits during the rainy season; Conducting indoor spraying for mosquitoes. Conducting an awareness campaign covering construction equipment operators at borrow pits and the local community on matters of HIV/AIDS; and period
During the construction period
Worksite Safety and Health Hazards to employees
Ensure compliance with the Occupational Safety and Health Act (OSHA) 2007 provisions.
Developer
One-off
5,000
88
Expected negative
Recommended Mitigation Measures
Responsible Party
Monitoring Mechanism
Cost (Kshs)

Minimize Oil Spills Oil spills Install oil trapping equipments in areas when there a likelihood of oil spillage such during the maintenance of construction equipment. Soil in such an area will be well protected from contamination Compensation and Relocation Plan to take into account compensation for loss of location shelter, trading stalls, crops and other structures. Limiting borrow pit sites to infertile and uncultivated pieces of land as much as is possible and Compensating individuals for any losses incurred to personal property as a result of the operation of the borrow pits. Resident Project Manager Continuous 50,000
Social and Loss of Location, Economic Crops, Houses Effects. and Structures. and loss of land for extraction of gravel ( borrow pits sites) Public Enhance consultations with the locals on the activities affecting dissatisfaction them and include them on impact reduction from implementation of the project
KRC and the relevant government agencies.
follow up after 2 years of project completion
As indicated in the RAP.
The Contractor And Resident Engineer. Local authorities and the provincial administration
Before construction
N/A
Table: 9.1
Environmental Management Plan during Construction Phase
9.2
Operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase the proposed development project are outlined in the table 9.2 below:
89
Environmental Impact Assessment Report. October, 2011. impacts Solid waste generation
Sewage release into environment Energy Consumption
Provide solid waste handling facilities such as waste bins and skips Ensure that solid waste generated at the proposed development is regularly disposed of appropriately at authorised dumping sites Ensure that occupants of the proposed development manage their waste efficiently through recycling, reuse and proper disposal procedures. Donate redundant but serviceable equipment to charities and institutions Provide adequate and safe means of handling sewage generated at the proposed Switch off electrical equipment, appliances and lights when not being used Install energy saving fluorescent tubes at all lighting points within the proposed development instead of bulbs which consume higher electric energy Monitor energy use during the operation of the project and set targets for efficient energy use Sensitise the occupants to use energy efficiently Promptly detect and repair of water pipe and tank leaks Residents to conserve water e.g. by avoiding unnecessary toilet flushing. Ensure taps are not running when not in use Install water conserving taps that turn-off automatically when water is not being used Install a discharge meter at water outlets to determine and
Proponent proponent proponent
One-off Continuous Continuous
50,000 200,000/ month 260,000
Proponent proponent & Contractor Proponent Proponent
Continuous One-off
0 500,000
Continuous One-off
0 10-40 % higher than ordinary lighting 2,000/month 500/month 5,000/month 500/month 500/month 10-40 % higher than ordinary taps 300,000
Proponent Proponent Proponent Proponent Proponent Proponent
Continuous Continuous Continuous Continuous Continuous One-off
Water Exploitation.
Proponent
One-off
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Environmental Impact Assessment Report. October, 2011. monitor total water usage Implement all necessary measures to ensure health and safety of workers and the genera public during operation of the proposed development project as stipulated in Factories and Other Places of Work Act Cap 514 Ensure the general safety and security at all times by providing day and night security guards and adequate lighting within and around the premises during night hours. Hazard-warning signs NO SMOKING
Health & Safety Risks.
Continuous Proponent
500,000
Safety & Security of the premises and surrounding areas
Proponent
Continuous
1000,000
Table: 9.2
EMP of the Operation Phase.
9.3
Decommissioning Phase EMP
In addition to the mitigation measures provided in the above two tables, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the proposed project in Kebera and Mukuru a long the railway track have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closure phase of the project are outlined in the table 9.3 below.
91
Environmental Impact Assessment Report. October, 2011. Table: 9.3 Project Activities Environmental Management & Monitoring Plan for Decommissioning Phase Expected Negative impacts Injury to workers Waste generation Mitigation measures Responsible persons Implemen tation Schedule Before operation phase one-off Cost estimate (Ksh) 500,000
i. Demolition of site offices ii. Removal of materials from the site iii. Withdrawal
Protective gears should be provided to the workers No waste should be left on the site Use of an integrated solid waste management system i.e. through a hierarchy of options: i) source reduction; ii) recycling; iii) reuse; iv) sanitary land filling All building masonry, machinery, equipment, structures and partitions that are still serviceable ought to be recycled, reused as far as possible The foundations in particular ought to be reused for the same purpose in other construction works Where demolition wastes cannot be put to other useful purposes, they will be transported by a NEMA licensed waste transporter for disposal at a NEMA licensed disposal site Donate reusable demolition waste to charitable organizations, individuals and institutions Rehabilitation of project site
Contractor/Proponen t
1000,000
Waste generation
one-off
3000,000
Contractor/Proponen t Contractor/Proponen t
one-off 2500,000
Contractor/Proponen t Contractor/Proponen
92
one-off
N/A
Vegetation
one-off
500,000
Environmental Impact Assessment Report. October, 2011. disturbance Restore the site as near as possible to its original status Promote the use of indigenous and endemic plant species in revegetation and other restorative activities Trees should be planted at a fashion such that their positions interrupt line of sight (screen planting) from adjacent view points. Demolition works should be conducted only during daylight hours (6am 6pm) to minimise noise nuisance to sensitive neighbours at night time Demolition crews will be provided with hearing protection equipment t Contractor/Proponen t Contractor/Proponen t Contractor/Proponen t one-off 300,000
one-off
100,000
Noise
one-off
500,000
one-off
500,000
Table: 9.3
Decommissioning Phase of the project
NB. It is important to point out that the costs indicated above and associated with this EMP are merely indicative and will depend on the proponent outsourcing and preferential market.
The estimated cost of the Environmental Management Plan KES 21,092,500 Million. The breakdown according to project phases is as below. Construction 9,376,000 Operation 2,816,500 Demolition 8,900,000 TOTAL COST: 21,092,500
The annual incremental costs during the lifetime of the project, and capital equipment purchase costs not included.
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9.4
Environmental Monitoring.
The overall objective of environmental and social monitoring is to ensure that mitigation measures are implemented and that they are effective. The activities and indicators that have been recommended for monitoring are presented in the EMP. Environmental monitoring will be carried out to ensure that all construction activities comply and adhere to environmental provisions and standard specifications, so that all mitigation measures are implemented. Monitoring should be undertaken at a number of levels. Firstly, it should be undertaken by the Contractor at work sites during pre-construction, construction, under the direction and guidance of the Supervision Consultant who is responsible for reporting the monitoring to the implementing agencies. It is not the Contractors responsibility to monitor compensation/Relocation issues. It is recommended that the Contractor employ local full time qualified environmental inspectors for the duration of the Contract. The Supervision Consultant should include the services of an international environmental and monitoring specialist on a part time basis as part of their team. The following aspects will be subject to monitoring: Encroachment into protected areas and Railway line reserve areas Vegetation maintenance around project work sites, Works safety elements, including a log of accidents HIV/AIDS programme implementation and levels at local health centres Environmental monitoring is also an essential component of project implementation. It facilitates and ensures the follow-up of the implementation of the proposed mitigation measure, as they are required. It helps to anticipate possible environmental hazards and/or detect unpredicted impacts over time. Monitoring includes: Visual observations; Selection of environmental parameters at specific locations; Sampling and regular testing of these parameters. Periodic ongoing monitoring will be required during the life of the Project and the level can be determined once the Project is operational. 9.4.1 Internal Monitoring It is the responsibility of the KRC to conduct regular internal monitoring of the project to verify the results of the Contractor and to audit direct implementation of environmental mitigation measures contained in the EMP and construction contract clauses for the Project.
94
Environmental Impact Assessment Report. October, 2011. KRC also have the direct responsibility to implement and monitor compensation/relocation issues as outlined in the RAP. Their Project teams should include an environmental monitoring and management specialist. The monitoring should be a systematic evaluation of the activities of the operation in relation to the specified criteria of the condition of approval. In undertaking the same, KRC through KRU will be responsible for implementing resettlement and compensation activities and it will therefore be their responsibility to undertake regular internal monitoring of the process. The objective of internal monitoring and audit will be: To find out any significant environmental hazards and their existing control systems in force. Meeting the legal requirements as stipulated in the Environmental Management & Coordination Act, EMCA-1999. The responsibility for mitigation monitoring during the operation phase will lie with the Environmental Section in KRC. Environmental monitoring of the following parameters is recommended as a minimum for the Project. 9.4.2 External Monitoring The Consultant recommends that a consultant should be hired to carry out Annual Environmental Audits in line with NEMA requirements. NEMA has the overall responsibility for issuing approval for the Project and ensuring that their environmental guidelines are followed during Project implementation. Its role therefore is to review environmental monitoring and environmental compliance documentation submitted by the implementing authorities and they would not normally be directly involved in monitoring the Project unless some specific major environmental issue arose. KRC through the consultant will therefore provide NEMA with reports on environmental compliance during implementation as part of their annual progress reports and annual environmental auditing reports. Depending on the implementation status of environmentally sensitive project activities, NEMA will perform annual environmental reviews in which environmental concerns raised by the project will be reviewed alongside project implementation. The Consultant recommends that relevant representatives from World Bank should be incorporated. The project affected persons should be represented through relevant Committee representative.
95

Environmental Component Relocation/Compensa tion Noise levels Parameter Ensure relocation/compensation is as per RAP Noise levels on dB (A) scale Standard RAP Location Relocation units for all PAPs Noise level meter kept at a distance of 15m from edge of construction site At equipment yard Frequency Monthly until its compete As directed by the supervision consultant Duration Implementation KRC Supervision Supervision Consultant/ EMU Supervision Consultant/ EMU
NEMA guidelines
Contractor
Noise levels on dB (A) scale Soil Erosion Turbidity in stormy Water. Avoiding siting new borrow pits on steep sloped hillsides
NEMA guidelines NEMA guidelines
As identified by KRC
required by the supervision consultant During and after the rainy seasons
Contractor
Contractor
Supervision Consultant/ EMU Supervision Consultant/ EMU
Vegetation Clearing
Accidents
Monitor clearing to ensure consistent with EMP Safety training for workers, accident reports, community consultations To ensure health and safety at borrow pit sites and prevent or minimize incidences of health and to workers and the public
EMP
EMP All borrow pit site operations should be conducted in accordance with Kenyan Occupation al
Along Relocation units site and works area A long relocation units and Railway reserve
As required
Contractor
Monthly
Contractor
Supervision Consultant/ EMU Supervision Consultant/ EMU
96

Health and Safety Standards and Mine and Safety regulations for open pit excavations Health and safety Conducting awareness campaigns covering construction equipment operators at borrow pits and the local .Signs, posters displayed, health awareness lectures, Mosquito nets in malarial areas for each worker, health checks for workers. EMP /as in the social impact assessment report Along relocation units construction site and Railway reserve, work offices and surrounding areas Monthly Contractor KRC/ Supervision Consultant/ EMU
Table: 9.4
Monitoring Plan
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Environmental Impact Assessment Report. October, 2011. 9.5 Training
Environmental Monitoring and Management should also include the education of contractor employees and locals in the practical aspects of environmental monitoring and management. For example, workshops on mitigation should first of all be set up for all mitigation workers with the help of experts and run by environmentalist/ Environmental officers. Secondly local people should be better informed of mitigation strategies and methods so that they understand the nature of how liquid and solid wastes, land and soil loss problems are handled. In order to implement the management plan, it is recommended that a position is created of appropriate expertise to oversee environment and social management of planting of trees, crops and other vegetation along the Railway line, the recovery of any eroded areas, enhanced safety measures and general liaison with the community during and post construction period. Furthermore the importance of controlling grazing and dumping of solid waste inside the protected railway reserve for safety purposes must be enforced. This will be achieved by leasing part of the sections of the reserve to Kibera and Mukuru affected locals to grow crops such as Kales spinach, sweet potatoes, and onions so as to help in maintenance and monitoring of the Railway line reserve. 9.6 Organization and Implementation
The following institutional arrangement will be responsible for project implementation. The National Environmental and Management Authority (NEMA): will ensure that all the relevant rules and regulations concerning the environment are adhered to in line with the EMCA, 1999 and the Regulations 2003. Kenya Railway Corporation (KRC): It has been vested with the overall responsibility for the coordination, planning and implementation of the Project. The Implementing Agency (IA) during construction will set up an Environmental Management Unit (EMU) for environmental management and operation, including environmental supervision of contractors. The EMU will ensure implementation of the environmental management plan and the environmental monitoring plan during construction of the Project. The EMU will coordinate all environmental monitoring activities as given in the EMP. The EMU will ensure that the EMP is updated periodically during the construction period. The Environmental Management Unit (EMU): Under the Implementing Agency an EMU will be responsible for the implementation and management of the EMP. The EMU will be specially designed for the Project and will comprise representatives from KRC, NEMA, Financing institutions (World Bank) and the community. Regular environmental, health and safety rounds in the construction area will also be part of the responsibility of the EMU. This
98
Environmental Impact Assessment Report. October, 2011. will ensure that the actual implementation of the environmental monitoring and management is carried out. An independent environmental supervision consultant, as part of the Implementation Supervision Consultant, will supervise and monitor environmental procedures and ensure that the contractor complies with the relevant laws. Contractor: The contractor will be responsible for actual construction work. Figure 9.1 below summarizes the institutional arrangements.
NEMA
KENYA RAILWAYS CORPORATION PROJECT FINANCIER (WORLD BANK) ENVIRONMENTAL MANAGEMENT UNIT (EMU)
SUPERVISION CONSULTANT
CONTRACTOR
Fig: 9.1
Summary of institutional arrangement
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Environmental Impact Assessment Report. October, 2011. CHAPTER TEN: CONCLUSION AND RECOMMENDATIONS. 10.1 RECOMMENDATIONS
From EIA studies, it is evident that the proposed project is associated with both positive and negative impacts during construction, operation and decommissioning phases of the project. The proponent and contactor are advised to implement Environmental Management Plan so as to reduce adverse impacts and boost good environmental practices. Environment, health and safety must also be followed in order to reduce incidences of accidents, health problems and compromise to environmental well being. Recommendations for the prevention and mitigation of adverse impacts are as follows: The development must be approved by the relevant Government Departments i.e. Physical planning, Ministry of Lands and Housing, health etc. the proponent should therefore follow the guidelines as set by the departments to safeguard and envisage environmental management principles during construction and operation phases of the proposed development. It is important that warning/informative signs (bill boards) be erected at the site. These should indicate the operation hours and when works are likely to be started and completed. All solid waste materials and debris resulting from construction activities must be disposed off at approved dumpsites. The wastes should be properly segregated and separated to encourage recycling of some useful waste materials; i.e. some excavated stone materials can be used as backfills. Once earthworks have been done, restoration of the worked areas should be carried out immediately by backfilling, professional landscaping/leveling and planting of low grass in open areas), flowers and suitable tree species. Rainwater harvesting systems should be provided as well as standard storage systems to every housing floor unit; to enhance collection of the runoff generated from the roof catchments. Drains will be properly designed, installed and regularly maintained to prevent storm water (run-off) from accumulating within the site spreading to the neighborhood. These must effectively drain the storm water from the premise into the existing public drainage system to be developed along the access road and even to railway line side drains. Proper and regular maintenance of construction machinery and equipment will reduce emission of hazardous fumes and noise resulting from friction of rubbing metal bodies. Heavy construction activities should be limited (or avoided) during the rainy season to minimize the chances of soil degradation (soil erosion). Maintenance activities must be carried out in service bay to reduce chances of oils or grease or other maintenance materials, from coming into contact with environment
100
Environmental Impact Assessment Report. October, 2011. (water or soil). Wastewater from such areas must be refrained from coming into contact with solid mass or water bodies as it contains oil/grease spills. Used and new oils must be handled and stored appropriately to avoid oil leaks and spills on the site. Sewerage system must be properly designed within the site/office and effectively connected to the public sewer system. Design specifications must be followed during installation. Standard cleanliness and waste disposal facilities at construction site and during occupation must be maintained. Workers should be provided with complete personal protective equipment (PPE) and safety gear. They should have working boots, complete overalls, helmets, gloves, earmuffs, nose masks, goggles etc. A fully equipped first aid kit must be provided within the site. To make these relocation units and stalls habitable, it will be necessary to provide them with proper sanitation in the form of a clean water supply for their domestic consumption and a proper sewerage disposal system. To this end, the Advisor held consultations with the Nairobi Water and Sewerage Company (NWSC) which is the government institution dealing with water and sanitation in Nairobi The contractor must have workmens compensation cover; the contractor is required to comply with workmens compensation Act as well as other relevant ordinance, regulations and Union Agreement. The contractor must provide adequate security during the construction period and especially during the night when there are no construction activities. A complete fire fighting system must be provided after completion of the project. All construction materials and especially sand, gravel, hardcore and wood must be sourced/procured from legalized dealers. Construction activities must be undertaken only during the day i.e. between 0700 hours to 1900 hours. This will minimize disturbance to the general public within the proximity of the site/project especially the residential estates. Traffic on the access road to the site should be controlled and informed during construction and especially when heavy trucks are turning in and out of the site. This will ensure that no accidents are caused by the sites activities CONCLUSION
10.2
This project study is recommendable and should be approved by NEMA for issuance of an EIA license subject to annual environmental audits after it has been completed and occupied. This will be in compliance with the Environmental Management and Coordination Act of 1999 and the Environmental Impact Assessment and Audit regulations, 2003. Above all the proponent should carry out Environmental Audit 12 months after the project is completed.
101
Environmental Impact Assessment Report. October, 2011. REFERENCES
1. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government Printer, Nairobi 2. Ministry of Planning and National Development. . Nairobi District Development Plan (2004-2008). Government Printer, Nairobi 3. Kenya gazette supplement number 69. Environmental Management and Coordination (Waste Management) Regulations 2006 . Government Printer, Nairobi 4. Kenya gazette supplement number 68. Environmental Management and Coordination (Water Quality) Regulations 2006. Government Printer, Nairobi 5. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government Printer, Nairobi 6. Kenya gazette supplement Acts Building Code 2000. Government Printer, Nairobi 7. Kenya gazette supplement Acts Local Authority Act (Cap. 265). Government Printer,
Nairobi 8. Kenya gazette supplement Acts Public Health Act (CAP. 242). Government Printer, Nairobi
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Environmental Impact Assessment Report. October, 2011. APPENDICES 1. Approved Architectural Drawing
103

2. Site Plates
Plate1. EIA public consultation team
Plate.2 Dumping of solid waste in Kibera
104
Plate.3: Makadara where Mukuru relocation units will be constructed
Plate.4: Business on the railway operation reserve
105
Plate 5.a pipe line running to a railway line
Plate 6.Modern agriculture practiced in the railway reserve
106
3. Copies of Comment by Neighbors
107
108
109

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Environmental Impact Assessment Report. October, 2011.

KENYA RAILWAYS CORPORATION

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Methodology. Environmental Screening.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Fig: 2.1 Kibera 3 dimensional solutions as proposed

Environmental Impact Assessment Report. October, 2011.

Fig: 2.2 Boundary Wall and relocation unit solution as proposed

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Construction Inputs/ Raw Materials.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Description of the Projects Operational Activities.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Estimated Amount (RoE =79)

Cost estimates for the entire project

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

a map of the project area in kibera

Environmental Impact Assessment Report. October, 2011. 3.2 Topography

Environmental Impact Assessment Report. October, 2011.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011. 3.7 Energy Supply

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Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Summary of World Bank Safeguard Policies

Parameter PH Suspended solids Nitrate-NO3

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Quality Standards for Sources of Domestic Water

Environmental Impact Assessment Report. October, 2011.

Land Planning Act (Cap. 303)

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.

Environmental Impact Assessment Report. October, 2011.

Environmental Impact Assessment Report. October, 2011.

Conducted By Eco Plan Management Limited P.O Box 45897-00100-Nairobi.