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GAZETTE NOTICE NO. 8143

GAZETTE NOTICE NO. 8143

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT

(No. 8 of 1999)

ESTABLISHMENT


PURSUANT to section 59 of the Environmental Management and Co-ordination Act, 1999, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Shanta Gold Kenya Limited, proposes to establish and operate an underground gold mine consisting of a processing plant, Tailings storage facility (TSF), Waste Rock Dumps (WRDs), water management infrastructure, power supply, administrative buildings and other associated facilities and amenities in Isulu- Bushiangala Area in the Musoli and Isulu locations located within the Kakamega South Sub- County in Kakamega County. The following are the anticipated impacts and proposed mitigation measures: Impacts Mitigation Measures Physical and economic displacement • Develop and implement a Resettlement Action Plan (RAP) in accordance with the Resettlement Policy Framework (RPF) developed for SGKL as part of the Isulu-Bushiangala in alignment with Kenya legislative requirements and GIIP (i.e., IFC PS 5). • Detailed social surveys must be carried out to quantify displacement of 100% of affected households and an inventory of 100% of the assets of all affected parties. Impacts Mitigation Measures In-flux of job seekers • Develop and implement an Influx Management Plan (IMP), which considers appropriate objectives and interventions for influx management, incl. public consultation and monitoring methods. • Introduce and enforce fair employment practices to prioritize local hiring and ensure equitable distribution of job opportunities among residents. • Provide life skills and sexual health education programs to mitigate the risks of unwanted pregnancies, school dropouts, and other social challenges. Wage-based livelihoods • The Proponent should develop Local Employment Plan and prioritize local hiring for unskilled and semi-skilled labour. • Establish a transparent recruitment process that engages local communities and ensures equitable access to job opportunities. • Mainstreaming gender-related issues and equal employment opportunities throughout Project activities and supply chain. Local livelihood and cconomic growth • Conduct an audit of local businesses and their capacity to meet Project needs. • Develop and Implement Local Procurement Plan and ensure that the project contracts local businesses for services and purchases. • Offer training, workshops, and technical support to help small businesses scale and meet project demands. Occupational, health and safety • Establishment and implementation of the construction Health, Safety and Environment (HSE) Plan throughout the Project construction phase. • Provision of appropriate Personal Protective Equipment (PPE) and safety measures to safeguard workers from hazards. • Routinely monitor and review the OH&S management systems. • Proper fencing, lighting, and security personnel should be employed at project sites to deter criminal activity and protect both workers and equipment. Community health, safety and security • Develop and implement a Community Health, Safety, and Security Management Plan that includes measures to prevent the spread of communicable diseases between workers and the local community. The plan should also incorporate strategies to protect the community from potential crime risks, ensuring both health and safety are prioritized throughout the projects lifecycle. • Propose road by-passes where there is a significant risk to public safety from road accident. • In partnership with local authorities and the police, educate communities on road traffic laws and road safety. • Improve infrastructure such as street lighting and supporting community-led crime prevention programs. 20th June, 2025 THE KENYA GAZETTE Impacts Mitigation Measures Social differentiation • Implement a community-wide sensitization program that addresses the potential for jealousy, grievances and conflicts arising in the community. • Regularly engage with the community to manage expectations regarding job opportunities, benefits, and project timelines. Strain on local Infrastructures • Partner with local healthcare facilities to enhance their capacity by providing medical equipment, additional personnel, and training to handle increased demand, particularly for occupational health and disease prevention. • The project should collaborate with county and national government authorities to upgrade and maintain roads used for mining activities, ensuring they can handle increased traffic and heavy trucks. • Implement water conservation measures, such as recycling and rainwater harvesting, to minimize additional strain on local water sources. Loss of soil resources (e.g., agriculture, rehabilitation material, building material) • Plan site clearance and alteration activities for the dry season (November to May) where possible. • Restrict the extent of disturbance within the footprint area and minimise activity within designated areas of disturbance where practically possible. • Bare land surfaces must be vegetated should natural re-vegetation not occur within six months to limit erosion from surface runoff associated with infrastructure areas. • If any erosion occurs on site and adjacent to the footprint area, corrective actions (erosion berms, silt traps, re-vegetation) must be implemented to minimise any further erosion from taking place. Sedimentation and siltation of watercourses leading to deteriorated water quality • Construction should be undertaken during the dry period to minimise soil erosion by overland flow and subsequent sedimentation in nearby watercourses since there will be minimal rainfall during this period. • Implement the Surface Water Management Plan (SWMP) before construction activities begin. • Install silt fences, erosion blankets prior to soil stabilisation on steep surfaces to reduce chances of erosion. • Implement erosion management at construction sites to ensure that the velocity of water flowing down slope is reduced. • Undertake regular monitoring of TSS, TDS, turbidity, oils, and grease in surface waters upstream and downstream, if necessary. Sedimentation and siltation of watercourses leading to deteriorated water quality • Site clearance must be restricted only to the permitted target and/or infrastructure areas, as well as direct access routes, where practically possible and avoid watercourse areas. • Where infrastructure layouts (stockpiles and ancillary infrastructure) may Impacts Mitigation Measures intercept with watercourses, move the layout outside of watercourse habitat. • Bare surfaces, especially those in a downstream and associated watercourse, must be vegetated to limit erosion from increased surface runoff. Direct loss of wetlands and vegetation communities and habitat for faunal communities • A suitable Alien Invasive control programme must be put in place to prevent further encroachment as a result of disturbance to the surrounding terrestrial zones. • Conduct regular monitoring and maintenance to detect and control invasive species before they become established. • Sensitive vegetation units within the areas demarcated for clearing, should be avoided wherever possible. • Application of the mitigation hierarchy to ensure compensation for the loss of sensitive habitat units, critical habitat (if any) and threatened flora must be incorporated in the rehabilitation process that aligns with the company’s Biodiversity Action Plan (BAP) or Biodiversity Offset strategies. Poor air quality due to the generation of dust from construction • Application of dust suppressants on exposed areas, access and haul roads. • Conduct construction activities judiciously on windy days (with wind speed ≥ 5.4 m/s). • Keep the area of disturbance to a minimum and avoid any unnecessary clearing, digging, or scraping on-site. • Enforce maximum speed limits on-site. Noise will emanate from the machinery and vehicles operating • Where practicable, utilise low frequency/ low sound reverse beepers on construction vehicles. • Construction machinery, equipment and vehicles are to be serviced as per the Original Equipment Manufacturers (OEM’s) requirements to limit noise emissions. • Install exhaust mufflers (where applicable) on construction vehicles' engine exhausts. Groundwater recovery • Monitor the spring flow, to assess if pre- mine flow rates are established once groundwater levels recover. • Assess the depth of the impacted boreholes and hand dug wells to verify if the expected drawdowns will result in the boreholes or wells becoming dry. • Provide an alternative supply of water to private groundwater users, who are proven to be impacted by the Project. Potential contamination plume • Provide an alternative supply of water to private groundwater users, who are proven to be impacted by the Project. • Rehabilitate the TSF and WRD to recommended closure requirements. Cultural heritage disturbance and adjustment • Develop and implement a Chance Finds Procedure during construction activities. • Provision of mandatory basic training to all staff involved in construction THE KENYA GAZETTE 20th June, 2025 Impacts Mitigation Measures activities to be able to report observed artefacts (as a compliance to CFP) on site. • Conduct Cultural heritage monitoring during construction activities. • Foster ongoing engagements and consultation with local communities to understand their cultural values and practices. Cultural changes in the community • Develop and implement programs to raise awareness among both local residents and incoming migrants about cultural diversity, fostering mutual respect and understanding. • Conduct Cultural heritage monitoring during construction activities. Increased travel time through additional Project generated traffic • Construct surfaces of all access roads from lateritic soils and avoid fine/ colloidal material. • Select road alignments in such a way to avoid passing close to housing estates, schools, hospitals and workplaces. • Manage the traffic in such a way that construction vehicles traverse the road network outside of background peak hour. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment, Climate Change and Foresty, NHIF Building, 12th Floor, Ragati Road, Upper Hill, Upper Hill, P.O. Box 30126–00200, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Kakamega County. A copy of the EIA report can be downloaded at www.nema.go.ke The National Environmental 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 for this project. Comments can also be e-mailed to dgnema@nema.go.ke MAMO B. MAMO, MR/4545923 Director-General,

Dated the 20th June, 2025.

MAMO B. MAMO,

Director-General,.

Extracted Entities (1)

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8143

Details

Act / Legislation
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
Reference
No. 8 of 1999
Section
section 59
Signed By
MAMO B. MAMO
Title
Director-General,
Date Signed
20th June 2025
Page
48
Extraction Method
regex