GAZETTE NOTICE NO. 10044

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, is proposing to upgrade sections of the Isiolo- Mandera road, including the Isiolo - Kulamawe section to bitumen standards covering a total length of 77km. The project is located in Isiolo and Meru Counties. The following are the anticipated impacts and proposed mitigation measures. Impacts Proposed Mitigation Measures Acquisition of land and • The acquisition of land should be done property in conjunction with the local community. • Determination of agreeable rates for compensation to affected persons by key players being National Land Commission (NLC), NEMA. Ministry in charge of Lands, Transport, Infrastructure. Housing and Urban Development and all other relevant statutory institutions. • Cultivable lands should not be used as borrow pit sites for excavation of construction materials, unless other sites have been exhausted. 28th September, 2018 Impacts Proposed Mitigation Measure.s Impacts Proposed Mitigation Measure3 • Siting of quarries far from communal settlements, providing adequate buffer zones and adopting best available and safest controlled blasting techniques. • Separate EIAs should be conducted for quarries, borrow pits, water pans and campsites. • Adopt the following key rehabilitation principles during decommissioning; i. Rehabilitate the affected areas to a state equal to or better than the original, that supports plant growth. Rehabilitate within terms agreed between the affected party (land owner) and the contractor. Comply with terms and conditions provided in the NEMA EIA License of the project. Contamination of soil by Vehicle, machinery, and equipment fuels, oil spills and maintenance and refueling will be lubricants carried out on paved surfaces so that spilled materials do not srep into the soil. • Fuel storage and refilling areas will be located at least 300 m from drainage structures and important water bodies (rivers, water pans etc). • Fuel storage and refueling areas, if located in agricultural land or areas supporting vegetation, will have topsoil stripped, stockpiled, and returned after completion of refuel ing/construc tion activities. • All spoils and wastes will be disposed of as per approved disposal plans in wastelands, and in consultation with the county environmental administrators and local communities. • Bituminous wastes will be disposed of at approved sites with impervious linings. Air pollution • Sprinkling of svater on dry and dusty surfaces regularly including the access murram roads and diversions. • All precautions to be taken for reduction in dust emissions from batching and/or hot mix plants and crushers, etc. • Adherence to personal protective clothing such as the use dust masks and respiratory masks by workers. • Enforce onsite speed limit regulations. • Ensure machines and vehicles are properly and regularly maintained. • Installing dust nets around batching plants. • Strict adherence to Air Quality Regulations, 2014. Noise pollution and • Ensure that all vehicles and construction excessive vibrations machinery are kept in good condition all the time to avoid excessive noise generation. • Ensure that all workers wear ear muffs and other personal protective gear/equipment when working in noisy sections. • Ensure machines are switched off when not in use. • Undertake loud noise and vibration level activities during off-peak hours during the day (i.e. between 8.00 am, and 500 pm.). Ensure the World Health Organization (WHO) bare minimum noise level is tnaintained for the eight working hours i.e. 70dB. • Adherence to Noise and Excessive Vibrations Poflutiøn (Control) Regulations, 2009. Possible displacement The affected community members and disruption of should be informed early enough. businesses • The affected bustnesses should be compensated appropriately according to existing best practices on current mrket rates or mutually agreed rates. • Explore the alternative of by-passing the road outside the major towns to avoid displacement. • The proponent will need to ensure that the final designs of the road will be realigned to ensure that displacements are minimized as much as possible. • Ensure that the Resettlement Action Plan is done appropriately and professionally as per the laid World Bank guidelines. • Provide support to squatters/community members to establish small-scale businesses in other suitable locations of the main towns (Kulamawe, Ndumuru, Kachuru and Gambella). • Provide coitiprehensive environmental health and safety education to community members along the road. • Promote other sources of livelihood among the local communities such as employment at the construction Sites. Water abstraction and • Install water conserving taps and toilets consumption where possible e.g. in the work camps. • Construct water pans for storage of harvested stonn water in conjunction with the local community members. • Drilling of boreholes to supplement water obtained from other sources. • It would be a noble arrangement to enhance community water supply by handing over the project's boreholes to the community after construction. • Install gutters on the roof of houses in workers camps to harvest rain water. Solid waste generation • Maximizing the rate of recycling of road resurfacing waste either in the aggregate (e.g. reclaimed asphalt pavement from the first few kilometers of the existing road or reclaimed concrete material) or as a base. • Collecting road litter or illegally dumped waste and managing it according to the Waste Management Regulations 2006 and as provided in the Environmental Management and Monitoring Plan. • Provision of temporary waste handling facilities (fitter bins) both during construction and operation phase. Energy consumption • Promote the use of solar energy and energy efficient bulbs in workers base camps and for street lights in villages situated along the proposed road. THE KENYA GAZETFE 28th September, 2018 Impacts Proposed Mitigation Measures • Switch off lights when not in use. • Install electricity meters to monitor the consumption of electricity in workers camps. • Ensure construction machinery and trucks are well maintained. • Use energy-efficient construction machinery and trucks during construction phase of the project. Discharge of wastewater, • Construction of a communal septic tank linked to an approved wetland system. • Explore the use of blo-digester in treatment of sewage in the workers camps. • Promote recycling of wastewater especially storm water for dust suppression. • Install meters in base camps to control and monitor consumption of water. • Ensure regular maintenance of the plumbing system and septic tanks to avoid leakage or spillage of wastewater. Storm water • Use of storm water management practices that slow peak runoff flow, reduce sediment load and increase infiltration. • Use of vegetated swales, filter strips, terracing, check dams/water pans, detention ponds or basins, infiltration trenches and infiltration basins. • Regular inspection and maintenance of permanent erosion and runoff control features. • Paving in dry weather to prevent runoff of asphalt or cement materials. Loss of vegetation cover • Ensure separate EIAs are conducted for and biodiversity campsites, ancillary facilities, borrow pits, boreholes and water pans. • Minimize clearing and disruption of riparian vegetation. • Minimize removal of indigenous plant species and replant indigenous plant species in disturbed areas. • Restoring the vegetative cover through properly designed afforestation and reforestation practices, whose success can be appreciated through vigilant monitoring and evaluation after planting. • To reduce invasion by invasive species such as Prosopis juliflora, reduce roadside gaps by planting tree species suitable for highway planting. • Always monitor species regenerating in road reserve and take immediate actions such clearance in case of invasive species. Disturbance to wildlife • Minimize clearance and disruption of riparian vegetation. • Avoid critical terrestrial and aquatic habitats when siting roads and support facilities by utilizing existing transport corridors. • Design and construct wildlife migration routes/passage such as culverts at key crossing points to avoid or minimize habitat fragmentation. • Minimize removal of indigenous plant species, and replant indigenous plant species in disturbed areas. Impacts Proposed Mitigation Measures Explore opportunities for habitat enhancement through reduced clearance to conserve or restore native species. • All open pits such as quarries and borrow pits should be backfilled to avoid creation of artificial pools that may alter the natural behavior of avian species. Community conflicts • Ensure all stakeholders and the public are involved in the planning process. • Ensure proper identification and compensation of all persons who will lose businesses and land. • Obtain necessary permissions and approvals from the County Governments. • Ensure EIAs are conducted for specific project activities such as sand harvesting, borrow pit and quarrying sites. • Largely involve the community in the project through their leaders, take keen in timely addressing their grievances and ensure a good percentage of the local community members are employees in the project. Sexual exploitation/child . Conduct awareness and educational abuse programmes to workers and minors on the issue of sexual exploitation and child abuse. • Provide hotlines for the reporting of such cases. • Ensure that stem action is taken for offenders found to have committed sexual exploitation. • Employ adults (18 and over) provided with a national identity card. Occupation health and • Comply with provisions of OSHA, 2007. safety The full report of the proposed project is available for inspection during working hours at: Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 6783940200, Nairobi. Principal Secretary. Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30521, Nairobi. County Director of Environment, Isiolo County. County Director of Environment, Meru County. 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 of the plan. GEOFFREY WAHUNGU, Director-General, MRJ5 353082 National Environment Management Authority. GAZErFE NOTICE No. 10045 THE RECORDS DISPOSAL (COURTS) RULES (Cap. 14.Sub. Leg.) IN THE CHIEF MAGISTRATE'S COURT AT KITALE INTENDED DESTRUCTION OF COURT RECORDS IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Chief Magistrate's Court at Kitale intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Chief Magistrate's Court at Kitale as set out below: 7-1 28th September, 2018 THE KENYA GAZETI'E Civil cases 1988-2003 Misc, civil cases 1989-2003 A comprehensive list of all records that qualify to be disposed under the Act can be obtained and perused at the Chief Magistrate's Couret Registry, Kitale. Any person desiring the return of an exhibit in any of the above cases must make good his/her claim before the expiry of three (3) months after the publication of this notice. All exhibits to which no claim is substantiated before the destruction of the records shall under rule 4 be deemed to be part of the records for the purposes of destruction. Dated the 23rd August, 2018. V. W. WANDERA, Chief Magistrate, Kitale.