GAZETTE NOTICE NO. 1765

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, China Roads and Bridge Corporation in partnership with Kenya National Highway Authority is proposing a Build Operate Transfer (BOT) model in Kenya. The project entails construction of expressway starting from Mlolongo through JKIA and terminating at James Gichuru roundabout. The project is expected to alleviate traffic congestion along the route. The project is designed as an access controlled dual carriageway to run along the central reserve of the A8 road starting from Mlolongo all the way to James Gichuru. A four-lane dual carriageway with class A standard and a design speed of 80 KPH will be constructed along the medial strip of the A8 National Trunk Road. The total length of the project is approximately 27km, including 15.7km at grade and 1 1km elevated with 10 interchanges. Tolling will be implemented once the road is put into service. This project is proposed to be developed in Public Private Partnership ("PPP") mode with 30-year concession period, including 3-year construction period and 27-year operation period. The following are the anticipated impacts and proposed mitigation measures: • KeNHA shall make deliberate effort in ensuring CRBC enhances local work force during the construction period. Specifically, this includes long-term benefits from on-the-job and formal training opportunities for individual workers (direct), and the possibility for capacity enhancements for local and national companies who would have won tenders for work on components of the Expressway. • Provision and maintenance of alternative routes in areas where accesses have been disrupted. Such diversion routes shall consider road safety. • Plans for short diversion routes shall be well maintained by regular sprinkling to reduce dust. Adhere to road reserve if possible. • The proponent shall provide and maintain clear traffic signage's of ongoing construction works, regulate speed limits and diversion signage to notify approaching traffic. • In urban areas, delivery of materials to the sites will be scheduled during periods of light traffic. • Project vehicle shall only use designated parking areas. • Workers and area residents will be sensitized on the importance of exercising care in the project area in as far as traffic movement and other safety issues are concerned. • Permission shall be obtained from inhabitants and the County Governments of Machakos and Nairobi respectively, if diversion routes go beyond the Right of Way. • Diversion routes (and old tracks) will be reinstated to original condition. Impacts Employment opportunities Proposed Mitigation Measures • The workforce shall as much as possible, be recruited locally and deliberate measures put to enhance local uptake of employment. • The proponent and his sub-contractors will develop and adhere to a code of conduct, which shall constitute the contract document. • The contractor will institute a traffic management plan incorporating adequate temporary signages and flagmen as necessary. • The contractor shall institute and implement grievance management system throughout the construction period. • The proponent will abide by Kenyan law, and the ratified labour conventions. • The proponent shall put in place mechanisms to ensure no employee or applicant is discriminated against on the basis of his or her gender, marital status, nationality, ethnicity, age, religion or sexual orientation. • All workers will, as part of their induction, be • The contractor will undertake repair works at damaged sections of local road used for transportation. • Additional road signs will be installed. • KeNHA, county government, traffic police and other stakeholders will be engaged on the issue of traffic movement during construction and development of additional measures if required. 28th February, 2020 THE KENYA GAZETTE 1151 Footbridges and crossing points Air pollution Blockage of access to properties fronting the Road Impacts Proposed Mitigation Measures • U turns will be installed in accordance with operation of the existing A8. • A Project Specific Grievance Mechanism will be used to record and solve the relevant incidents results. • Compensation for all affected properties shall be done before construction commences. • KeNHA will liaise with the County Governments of Machakos and Nairobi, respectively, in re-establishing affected markets along the road while ensuring safety of traders in the new locations. • Continuous complaints and grievance management system shall be maintained throughout the project implementation phase as proposed in the RAP report. All pertinent stakeholders should be involved in the compensation and grievance redress mechanism during implementation of RAP. • All utilities along the corridor, including but not limited to water pipe, sewer, electric wire and pole, optical cable, will be duly relocated. • The contractor will be required to inform the property owners prior to commencement of works in places where entrance may be blocked. In consultation with property owners the contractor will provide temporary entrance to the affected properties. • • The project shall provide adequate and safe pedestrian crossing points as per consultation with the stakeholders based on their need where humanly possible in reference to the Project's Final Design. • Dust suppression measures shall be provided to enhance visibility at construction sites for oncoming traffic and road users. • Unnecessary vegetation clearance will be avoided through clear demarcation of construction areas. • Where practicable, disturbed areas will be re- vegetated to minimize ground exposure. • Water will be sprinkled (at least twice a day) on the accesses and excavated surfaces during the construction period to suppress dust generation. • The speeds of construction vehicles will be limited (maximum speed limit 40 kph/25 mph) on earth road. • Appropriate protective personal equipment shall be provided including respirators and dustcoats to exposed workers. • The proponent will ensure that the location of material stockpiles are away from human settlements and business premises. • Loaded trucks shall be covered during the transportation of material. • Vehicles and machinery will be maintained in accordance with the equipment specifications and manufacturer's standards. • Workers will be sensitized on best practice, management of air pollution from vehicles and machinery. Impacts Proposed Mitigation Measures • All records on dust-related complaints shall be submitted to Resident Engineer for appropriate action. • Demolition of existing structures shall be done in a manner that the dust from demolitions can be controlled. • The contractor will undertake regular air quality (dust level) monitoring and conduct corrective adjustments where necessary. Disruption of • Adequate notification will be provided to public utilities affected customers for planned disruptions. Spread of STI • KeNHA/CRBC shall, in liaison with approved and or local organizations, provide awareness training HIV/AIDs to staff and the locals and periodically monitor the efficacy of the awareness created during the project implementation period. • The workers shall be sensitized on the services on offer in the County e.g. testing, counselling and moonlight VCT for those who fear stigma. • Workers will be sensitized on the need to refrain from risky behaviors. • Condoms will be provided for both male and female in the sanitary facilities and other strategic locations within the project area. • As part of labor influx and management plan, the unskilled workers shall, as far as feasible, be recruited from among the local residents of the project area and its immediate neighbourhood. Sexual • KeNHA and CRBC, will set up grievance exploitation and mechanisms under the supervision of KeNHA abuse to document and resolve issues by both the SEA/GBV communities and the local labour force. • CRBC employees will be required to sign a code of conduct that prohibits employees from engaging in discrimination, or abusing the authority of their position. • Signing of code of conduct by all project staff will be initiated. Noise and • The contractor and KeNHA will monitor vibration environmental and occupational noise levels as per the NEMA Environmental Management and Co-ordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 and OSHA, 2007 requirements respectively. • The noise emission characteristics shall be considered during selection and mobilization of construction equipment by the contractor. • Where feasible, equipment with rock mufflers, sound insulations, silencers will be fitted to lower the levels of noise emission. • Construction workers will be sensitized to switch off machinery and vehicles when not in use. • Staff on active project sites with continuous exposure shall be provided and encouraged to fit in their Personal Protective Equipment (PPEs). • Noisy operations like batching plant will be located away from the densely settled areas. • Where noisy activities must be undertaken near sensitive receptors, the neighboring occupants shall be informed in advance and works limited to day time only. Land acquisition • Project RAP Study Report will be implemented to guide the compensation and resettlement process. Impacts Community road safety and health Proposed Mitigation Measures • The proponent will develop and implement construction safety management plan that covers both site and off-site construction activities. Impacts Proposed Mitigation Measures speed, and loading, especially banning all carriage of staff, workers and passengers except in seats. • The contractor will provide emergency medical care for all staff as necessary as allowed in the Kenyan Law including securing a worker insurance cover as required under WIBA. • The contractor will implement road safety campaigns addressing construction zone dangers and encourage motorists to exercise caution when driving through work zones. • The contractor will conduct toolbox and monthly safety meetings. • The contractor will undertake routine safety inspections. • The contractor will have an elaborate medical emergency response plan, inclusive of well- equipped and manned site clinic and reliable evacuation from site to established medical facilities as necessary. Population influx • 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. • The contractor will ensure there is adequate security and reasonable controlled access to project offices and residential quarters of immigrant staff. • The contracts for project employees will detail codes of conduct with regard to interaction with the local community, use of public and social amenities in the locality, handling of complaints from the local community. • contractor will establish a grievance management system to handle internal and external complaints throughout the implementation period. • The proponent will develop a labour influx management plan. Flora • The clearance of the site for construction purposes shall be kept to a minimum. • The contractor will utilize existing cleared areas for the site facilities including contractor's camp and stockpiling. • The contractor will identify appropriate areas offsite and carry out ex-situ propagation and compensatory planting for ground cover permanently lost to the Nairobi Expressway. • As much as possible, existing vegetation will be retained particularly mature trees along the highway. • The proponent will avoid or minimize damage to identified trees inhabited by birdlife at Nyayo Stadium and Westlands roundabout • The proponent will collaborate with private parties and State Agencies to offset the loss of vegetation by planting trees in areas such as Nairobi National Park, Uhuru Park, City Park and Arboretum, public schools and other public land along the corridor. • Afforestation: The other activity the proponent can support is compensatory tree planting to offset the ground cover that will be permanently lost to Nairobi Expressway. It is proposed that tree cover double the acreage • The proponent will develop and implement construction traffic management plan incorporating traffic safety. • The proponent will establish and maintain continuous liaison with the host communities including sensitization on safety and health issues on construction sites. • The proponent will Install and maintain appropriate safety and warning signage along road sections where works are undergoing. • The proponent will ensure that dangerous work areas have controlled access limited to authorized persons only. • The proponent will maintain a system of receiving and responding to any safety concerns by the communities. • The proponent will undertake general and third- party insurance liability covers as appropriate. Occupational • The proponent will use OSHA 2007 health and requirements to set the requirements. safety • The proponent will set up a comprehensive Project Construction Health and Safety Plan will be established and implemented throughout the construction period in line with OSHA requirements. • The proponent will 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. • The contractor will ensure adherence to Health and Safety Policy during construction activities. • The contractor will establish an emergency response procedure and display on all work areas. • The Contractor will ensure 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. • Contractor will maintain an accident register: carry out accident and incidents investigations and implement corrective actions. • The contractor will undertake staff and visitor safety induction. • The contractor will establish a health and safety committee for the project construction team as per the Health and Safety Committee Rules, 2004 of the OSHA Act. • The contractor will engage a qualified Health and Safety auditor to conduct routine and annual Health and Safety (H&S). • The contractor will provide appropriate and adequate Personal Protective Equipment (PPE) to workers. The contractor will abide by standard best practice health and safety provisions in the construction contract. The contractor will establish and enforce a strict code of conduct for all project drivers including outside suppliers delivering materials. The code shall focus on safety, especially 28th February, 2020 THE KENYA (1 iv7ETTE 1153 impacts Proposed Mitigation Measures Soi! erosion • The road design will be optimized to limit the gradient of the access roads to reduce runoff- induced erosion, and provide adequate road drainage based on road width, surface material, compaction and maintenance. • To prevent waterlogging of the roadbed by surface water and possible water-induced erosion, the design provides for surface water drainage, including water drainage from the sole of the embankment with ditches. Culvert outfall shall be lined for an appropriate distance to protect soils adjoining the drainage structure. Scour checks shall be constructed alongside drains on steep slopes to prevent scouring. The loss exposed soils will be stabilized and compact to minimize susceptibility to erosion. Drainage The proponent will ensure storm water drainage interruption aligns to the natural drainage system as much as possible. The proponent will harmonize drainage with all point sources of surface run-off such as existing A8 road, and the neighbouring properties. The capacity of all drainage structures shall be informed by hydrological studies to be able to manage peak runoff. Drainage outfalls shall not be directed into adjacent land or premises. The proponent will ensure stability and protection of soil adjacent to the constructed drains to ensure integrity of structure. The drainage outfalls shall follow proper levels for construction to reduce the intensity of erosion from surface run-off. Ground water The proponent will identify existing extraction quality wells) within the zone of influence pre- construction. • The proponent will undertake water sampling pre-construction and conduct periodic monitoring of groundwater during construction and operation. • The size and duration of exposure of areas of open ground will be kept to the minimum. • The proponent will regularly maintain the project equipment as per the manufacturer's instruction to prevent possibility of spillage and subsequent contamination of ground water. • Areas for handling fuel and bitumen shall be bunded, concreted or underlain with impervious sheet to minimize chances of ground water contamination from spillage. Surface water • Equipment maintenance activity shall not be quality undertaken near a water source. • The proponent will minimize project activities at river crossing points and only carry out work on necessary sites which will be isolated to prevent silt propagating downstream. • Camp sites, waste disposal and spoil dumping areas shall be located away from the surface water sources. • Water containing pollutants such as bitumen, cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site where applicable. Impacts Proposed Mitigation Measures should be planted on Nairobi National Park, Uhuru and City parks/Aboretum, public schools and other government land. The tree ntsseries support proposed could also be used in this regard. To achieve this, it is recommended that the proponent supports the establishment of tree nurseries in the areas that are traversed by the road. • River cleanup: The Rivers Nairobi and Ngong crossing the proposed Nairobi Expressway are heavily polluted with domestic, industrial and solid waste. The proponent will take the incentive to help clean up the rivers with organized collaboration with Nairobi City County. Fauna • The proponent will maintain a buffer strip of existing vegetation alongside Nyayo Stadium. Where this buffer zone is necessarily breached by the road design, the construction will be environmentally sympathetic. • If interference of bird habitat in Nyayo Stadium and Westlands roundabout is unavoidable, clearance shall be done in two stages; clearance of adjacent non-habitat trees prior to clearing habitat trees. • Trees cleared during two-stage process shall be left on site for several days to provide temporary habitat for the displaced birds and allow time for free escape for any remaining birds. • Safety barrier will be installed on both sides of the road and along the median strip to minimize chances of road kill. Impact on • To prevent the development of unfavorable geological geological processes, the project provides for processes the strengthening of the roadbed, depending on the height of the mound and the angle of slope, followed by sowing of herbs. • To prevent waterlogging of the roadbed by surface water and possible water erosion, the project provides for a system of surface drainage, including water drainage from the sole of the embankment with ditches. • Culverts for streams with slopes exceeding 2% are designed according to the off-the-shelf solution: construction of gullies and dampers to prevent erosion on the inlet and outlet pipe sections. • The project provides for grass seeding. • The Project design will consider the relevant national regulatory requirements related to seismic design and risk assessment and also the findings of the site specific geological/ geotechnical investigation study. Soil degradation • Where possible, land withdrawal will be due to removal minimized during the design stage; adherence of soil- to allocated land boundaries during vegetation layer construction. • It is proposed a layer-by-layer removal of topsoil, avoiding of mixing with underlying infertile horizons and construction waste. • Land restoration will be carried out in two stages: technical (land planning and application of topsoil) and biological. Change of water • The proponent will construct culverts and regime of soils bridges crossing permanent watercourses. • The proponent will undertake land restoration. Impacts Proposed Mitigation Measures • The contractor shall prevent sediment-laden run-off and other suspended materials from the site/working areas from discharging into Nairobi River and Ngong River. • Discharges to River Nairobi and Ngong will only be carried out under consent of the relevant regulatory bodies. Visual impact • The proponent shall prepare quarry and borrow pit management and rehabilitation plans; • The proponent will practice progressive rehabilitation of quarries and borrow pits as work progresses and as per site specific material sites rehabilitation plan. • The design shall factor east-west orientation of the sun when determining the height of the elevated structures so as to avoid the possibility of creating a shadow-effect on buildings abutting the road. Climate change • Rise in temperatures may not have a direct bearing on the expressway, however associated extreme weather events such as heavier than usual rainfall could impact on the project area through flooding and intensified soil erosion. The design has adopted a 50 year flood return period which potentially factors extreme weather events experienced within that time span and provides for adequate structures to accommodate any eventualities. Impacts on • Construction materials including sand, stones natural and borrow materials shall be sourced from resources duly approved sources only: For example, materials sites hardstone will be obtained from licensed quarries. • Materials haulage routes shall be pre- determined to avoid off road driving. • The contractor shall develop a system of tracking materials received vis a vis utilization to ensure proper materials management to avoid wastage. • Material borrow sites owned by the contractor shall have approved environmental, social and safety management plans incorporating rehabilitation procedures upon decommissioning. Population influx • With improved roads, diverse people will stream into the project area. Encroachment • KeNHA in consultation with the county along the governments shall enforce development control project road by not allowing for any development approvals on the road reserve to ward off potential encroachers and to allow for easy implementation of future road maintenance or expansion plans. • Install and maintain road reserve boundary posts at appropriate intervals. • Conduct awareness talks and presentations about the road reserve. Impacts Proposed Mitigation Measures Hydrological • Permanent anti-erosion features at river flow patterns crossings should be regularly inspected and maintained during operation. • Drainage structures shall be inspected and unclogged if blocked to ensure uninhibited movement of storm water. Visual impact • Disused borrow pits and quarries should be appropriately rehabilitated and NEMA invited for inspection prior to handing back the site to the owner. 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, Nairobi City County. (d) County Director of Environment, Machakos 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 regarding this plan. MAMO B. MAMO, Ag. Director-General, MR/0786784 National Environment Management Authority.