GAZETTE NOTICE NO. 6964

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Kenya National Highways Authority proposes to construct approximately I42km of single carriageway from Elwak to Rhamu, two-lane 7.0m wide, bitumen surfaced road with 2.0m shoulders on each side in Isiolo, Wajir and Mandera counties. The following are the anticipated impacts and proposed mitigation measures: Excessive noise • and vibration • Sensitize workers on the need to refrain from risky behaviours. • Provision of condoms both male and female in the sanitary facilities. • The unskilled workers should, as far as feasible, be recruited from among the local residents of the project area and its immediate neighbourhood. Monitor environmental and occupational noise levels as per the NEMA Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 and OSHA, 2007 requirements, respectively. Possible Impacts Mitigation Measures Land take and • Project RAP Study Report should be disruption of implemented to guide the compensation and livelihoods • Sensitize construction workers to switch off machinery and vehicles when not in use. • Staff on active project sites with continuous exposure should be provided and encouraged to fit in their Personal Protective Equipment (PPEs). Possible Impacts Mitigation Measures Contamination by • liquid waste and hydrocarbon spills Machinery maintenance should be done only on purpose-built garages that meet hydrocarbon containment measures and controlled drainage. • Minor service and washing areas placed/ constructed with containment basins to ensure that the surrounding areas (including groundwater) are not polluted. • All grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to water courses shall he contained, treated and properly channelled. Construction dust • Unnecessary vegetation clearance to be avoided through clear demarcation of construction areas. • Where practicable, re-vegetate disturbed areas to minimize ground exposure. • Sprinkling water (at least twice a day) on the accesses and excavated surfaces during the construction period to suppress dust generation. • Limit the speed of construction vehicles (maximum speed limit 40 kph/25 mph) on earth road. • Maintenance of vehicles and machinery in accordance with the equipment specifications and manufacturer's standards. • Demolition of existing structures shall be done in a manner that the dust from demolitions can be controlled. • Undertake regular air quality (dust level) monitoring and conduct corrective adjustments where necessary. Generation of • Waste be managed as per Environmental solid wastes Management and Coordination (Waste Management) Regulations, 2006. • Segregation of solid wastes and provision of suitable and well labelled waste receptacles within the camp and at active construction sites. Increased erosion incidences • Establish a segregation and grading waste management system to manage garbage and other forms of waste generated. • Prioritize options of waste reduction, reuse and recycling, particularly papers, polythene bags and plastic wrappers and containers and other materials that can possibly be recycled. soil • Excavated material should be properly piled, sprinkled with water and covered (where possible) to prevent possible wash-out into seasonal watercourses. Stock piling areas should have levelled ground and away from sensitive areas like slopes, water courses. • Re-vegetation of completed sections should be done in tandem with construction activities to avoid exposure of bare ground to agents of erosion. • Enforce landscaping and restoration of the construction site prior to decommissioning of the construction site. Increased • incidences of poaching and human-wildlife conflicts Engage KWS to monitor wildlife distribution and movement in relation to the project during construction and subsequent stages to advise accordingly. 9th July, 2021 THE KENYA GAZETTE 3079 Possible Impacts Mitigation Measures • Liaison with KWS on handling dangerous wildlife like snakes, wild carnivores. Contractor should liaise with KWS to capture reptiles (especially snakes) hiding under rocks and sheltered terrains and safely release them in suitable habitats. Vegetation loss • Restrict vegetation clearing to project sites by clear demarcation of areas to be used. • Thickets and bush shrubs should be preserved wherever possible through selective clearing, especially along the seasonal riverine areas. Spread of invasive • Sensitize workers on invasive alien species, and alien species some of which they may improperly handle or transfer to other locations such as Prosopis juliflora and Calotropis procera. • Re-vegetate bare surfaces with native species as soon as possible, in order to avoid colonization by opportunistic and invasive species. Monitor re-vegetated sites in liaison with KFS and county government to ensure survival of the seedlings. Habitat loss and • Where practical, locate project temporary disturbance features like camps and batching plants in areas already disturbed or outside of wildlife habitat. Construction activities should be confined on the demarcated corridor and discourage movement or intrusion into wildlife habitats. • To avoid random off-road driving that leads to trampling of vegetation in sensitive habitats, vehicles should be provided with designated routes. Existing diversions and diversions should be considered before opening up new ones during construction. Occupational • Contractors' selection criteria should safety and health include ability to demonstrate having some hazards defined minimum requirements for Safety and Health Management System. OSHA 2007 requirements can be used to set the requirements. • Contractor must obtain a registration of workplace certificate from DOSHS and comply with the subsequent requirements of the Health and Safety Committee Rules, 2004 of the OSHA Act. • Provision of a standard first aid kit at active construction sites at all times and a designate qualified first-aider as per the OSHA requirements. • Establish a Health and Safety Committee for the project construction team as per the Health and Safety Committee Rules, 2004 of the OSHA, Act. • Provide appropriate and adequate Personal Protective Equipment (PPE) to workers. • Provide medical care for all staff as necessary as allowed in the Kenyan Law including securing a worker insurance cover as required under WIBA. Security • KeNHA to support the contractor in liaison challenges with government security agencies for security planning and continuous surveillance. • Emergency contact list shall be maintained on site and by various teams. This should incorporate satellite communication services between camp based and Nairobi based offices. Possible Impacts Mitigation Measures Impacts related to • Contractor must ensure project staff have high temperature access to adequate potable water. and humidity levels Provisions should be made for adequate ventilation and air conditioning for in-house work spaces. • Sensitize staff on health concerns and avoiding heatstroke, dehydration and fatigue. Community safety • Establish and maintain continuous liaison and health with the host communities including sensitisation on safety and health issues on construction sites. • Install and maintain appropriate safety and warning signages along road sections where works are undergoing. Increased water • The contractor will need to develop demand independent construction water sources. There is potential to abstract water from groundwater resources. • The Contractor must adhere to the water act, 2016 and associated rules and regulations as administered by WRA and NEMA. Relevant water abstraction permits must be obtained from these authorities. • Allow provisional sum for the construction of water sources for the local communities. Possible Impacts Mitigation Measures management plans for any blasting which shall require the blasting to be done by a qualified experts, sensitization and notification to locals on blasting times. Communicable • Apply dust suppression measures - diseases sprinkling water on the accesses and excavated surfaces. • Maintain a grievance register to log any complaints from local community. • Provide dust masks for all staff and visitors to active construction areas. • Locate ancillary facilities away from residential/institutional to minimize dust or other emissions to the residents. Conflicts with Contractor will be required to have a local transparent external communication plan communities on covering among others, how available labour issues opportunities will be advertised. The Contractor should prioritize employing locals as casuals to reduce the need for labour influx. Consultations with the local council of elders to ensure that available opportunities are fairly distributed across different clan members. Impacts on natural • Construction materials including sand, resources stones and borrow materials must be materials sites sourced from duly approved sources only. • Material borrow sites owned by the contractor must have approved environmental, social and safety management plans incorporating rehabilitation procedures upon decommissioning. Impacts on • While the realignment has been proposed to cultural avoid the established such sensitive sites as resources and identified by the communities. Future care archaeological demands chance find procedures (as sites prescribed by NMK) to kick in for use during the construction phase. Social change • The Contractor will establish a community liaison system to handle complaints from the community. This system will include establishment of a community liaison desk that is easily accessible by the community representatives and their leaders. • Contractor to establish a grievance management system to handle internal and external complaints throughout the implementation period. Impacts on • All material sites shall be selected in materials borrow consultation with the county governments sites and the local communities, and rehabilitation/decommissioning plans agreed to ensure the sites will not cause any social conflict within the communities. • The contractor shall carry out environmental and social assessment for all auxiliary sites and seek relevant statutory licenses including NEMA for proposed material sites to be used for construction works. • Where material sites are located near settlements, the contractor shall carry out baseline studies of structural integrity assessments of nearby structures. • The contractor shall develop safety Child protection, Workers will be educated by relevant sexual agencies such as police and probation exploitation and officers on the relevant laws and polices abuse (SEA) of protecting children. under-age girls Reach out to children in and out of school in the vicinity of the construction sites with a life skills program focusing on HIV/AIDS and sexual abuse prevention among others areas. Partnerships will be established with relevant government agencies and NGOs to ensure children access survivor centred services such as medical care, psychosocial support, legal redress, safety, etc as and when necessary. • Liaise with the administration units (County and sub County governments, Police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and unacceptable behavioral interaction of children and workers. Absenteeism in • Contractor and local NGOs to conduct a schools program to strengthen school based and school led life skills programs targeting any schools near construction sites to discourage dropping out of schools for school children. • The contractor shall sensitize the workers not to engage with children conducting business activities near the worksites of campsites. • Impose zero tolerance for employees on sexual relationship with students that would encourage dropping or being absent from school. Gender equity and • Contractor and implementing agency to mainstreaming prepare and implement a Gender Action plan to include at minimum, in conformance with local laws and customs, equal opportunity for employment (min 30% of labour should be women). Provision• of gender disaggregated accommodation, bathing, changing, sanitation facilities. 9th July, 2021 THE KENYA GAZETTE 3081 Possible Impacts Mitigation Measures Gender based • Contractor will prepare a GBV Prevention violence (GBV), and Response Plan and implementation rape and sexual arrangements. harassment Contractor to prepare and enforce a No Sexual Harassment and discrimination Policy in accordance with national laws. KeNHA to engage services of local CSO to educate all workers and nearby communities and stakeholders on preventing and responding to sexual harassment and GBV ahead of any project related works. Liaise with the administration units (county and sub-county governments, police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and unacceptable behavioral interaction of local communities and workers. Alcohol and drug • All workers (including sub-contractors) to abuse by sign and comply with Code of Conduct on workers zero-tolerance on alcohol and drug abuse. • Removing any employee who persists in any misconduct or lack of care. • Taking all reasonable precautions to prevent unlawful, riotous or disorderly conduct by or amongst the contractor's personnel. • Prohibiting alcohol, drugs, arms, and ammunition on the worksite among personnel. Crime • All activities of a criminal nature on the management worksite or by the Contractor's employees (whether on or off the worksite) shall be reported to the police and necessary follow- up undertaken to ensure action is taken. Impacts on • The project has conducted a standalone indigenous Social Assessment (SA) report for the people project to determine how the communities will benefit from the project activities, and the recommendations will be incorporated into the project design. • Develop an Indigenous Peoples Plan (IPP) that sets out the measures through which the will ensure that potentially adverse effects on the peoples' communities are avoided, minimized, and mitigated, and/or compensate for such effects. Cultural clash • Cultural awareness campaigns involving stakeholders (public and private sectors) to enhance coexistence with changing lifestyles. Communicable • Vehicles to adhere to emission criteria set diseases under the Environmental Management and Co-ordination (Fossil Fuel Emission Control) Regulations, 2006. • Vehicle maintenance and servicing of vehicle engine. Community safety • Contractor must prepare detailed decommission plan for approval by local government, NEMA and department of mines as applicable. • KeNHA should consider satisfactory rehabilitation of decommissioned sites as part of contractual requirement with enforceable penalties including financial disincentives. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (c) County Director of Environment, Isiolo County. (d) County Director of Environment, Mandera County. A copy of the report can be downloaded at www.nema.go.ke The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this project. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/1784361 National Environment Management Authority.