GAZETTE NOTICE NO. 1766

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 Ports Authority, is proposing to revitalize the Kisumu Port infrastructure which currently occupies 17.5 hectares of land out of which 6 ha. are currently occupied by old and dilapidated infrastructure that includes 262m quay, a rail-wagon ferry pier, including 90 meters of berthing space alongside the pier almost perpendicular to the main quay, a warehouse measuring 50m by 16m on the main quay, a 3 ,000m2 paved storage area directly behind the warehouse designed to accommodate a throughput of 15,000 Twenty- foot Equivalent units (TEUs) per annum and offices for the harbor master, customs, and police department in Kisumu County. Impacts Impact of dredging on water quality Road safety • Relevant authorities such as NTSA and Traffic Police should enforce traffic regulations to enhance road safety. Further, authorities can record and monitor traffic incidents with a view of investigating root causes and implementing remedial actions to prevent or minimize chance of recurrence. • Closely liaise with stakeholders during defects notification period to identify strategic locations for additional safety interventions to minimize road accidents. Proposed Mitigation Measures • Scale down the area proposed for dredging from 837ha to 150ha. • Procure and deploy silt curtains during dredging. • Determine the acceptable critical limits for water quality as per baseline and EMMP. • Develop and implement a Water Quality Monitoring Plan in collaboration with NEMA Lead Experts. Impact of dredging on biodiversity • Share results of sediment and fish quality monitoring plans with stakeholders. • Notification to proponent, NEMA and stakeholders if high levels of heavy metal concentrations are reported. • Procure and deploy silt curtains during dredging. • Develop and implement a biodiversity monitoring plan for both the areas to be dredged. • Share results of sediment quality monitoring plan with stakeholders. Impact of • Do not dump within the lake ecosystem. dumping of dredged material Scaling down the size of the area to be dredged. • Dumping onshore at the port, leveling and compacting of the area for potential future expansion of port. • Construction of a retaining wall or gabions and rock boulders. • Afforestation of the levelled area by planting grass and fast maturing trees. Human-wildlife • Revised dredging area has provided buffer conflicts zones for hippo habitat of more than 500m. • Fencing the fridges of hippo grass habitats. • Setting up a hotline in collaboration with KWS for reporting of sightings of hippos and sharing the same with stakeholders. Prevent oil spills from occurring through effective maintenance of the dredger and precautionary measures. Ensure that the dredger is serviceable and licensed to operate by IMO and KMA. Procure an oil spill response boom, equipment and train personnel on its use in the event of oil spills. Use of degreasers to dissolve localized oil spills during ship/equipment maintenance. Waste oil from the ship to be collected and disposed by NEMA licensed contractors only. Comply with the provisions of the Marpol Convention, EMCA and KMA Acts. Oil spills and • bioaccumulation of polycyclic aromatic hydrocarbons (PAHs) from dredging activities Impacts of dredging on fisheries Sourcing of raw materials • Procure and use silt curtains. • Establish a liaison committee between the proponent, contractor and the local Beach Management Units. • Develop and implement a grievance redress mechanism. • Compensation for local fishermen for restricted or loss of access to traditional fishing grounds. • Procure materials in line with the Bill of Quantities. 28th February, 2020 THE KENYA GAZETTE 1155 Impacts Proposed Mitigation Measures • Share results of the water quality monitoring plan with stakeholders. Bioavailability of • Procure and deploy silt curtains during heavy metals dredging. from dredging • Develop and implement a sediment and fish quality monitoring plans focusing on heavy metals. Impacts Proposed Mitigation Measures • Re-use and recycle construction materials where practical. Destruction of the • Obtaining permits to fell trees from KFS and physical County Government. environment • Retain tree cover in areas that will not be revitalized. • Landscaping by planting grass and flowers. • Compacting loose soils to prevent erosion during revitalization. Solid waste • Use of overburden in backfilling and generation and landscaping. management • Sensitize construction workers on the process of solid waste collection, segregation and proper disposal. • Procure adequate solid waste collection bins with capacity for segregation. • Procure the services of a NEMA licensed waste handler to dispose solid wastes from revitalized areas and the dredger. • Comply with the Waste Management Regulations, 2006. Noise pollution • Limit revitalization works to day time hours only. • Locate machinery that are likely to produce noise as far as practical from neighboring properties. • Procure and provide adequate earmuffs to workers and visitors to the site and enforce their use. • Use of serviceable machinery and equipment. • Sensitize truck drivers to avoid unnecessary hooting and running of vehicle engines. Air pollution • Install appropriate and adequate dust screens around the Revitalization areas. • Sprinkle water at the excavation areas. • Cover stock piles of construction materials. • Procure, provide and enforce the use of dust masks. • Use of serviceable machinery/equipment and trucks. • Monitor fugitive emissions to ensure compliance. • Comply with Air Quality Regulations, 2014. Safety and health • Ensure the dredger is licensed by the IMO and risks KMA. • Create awareness among lake users and required safety measures. • Dredger should have an early warning system for local fishermen within the Bay. • Hire qualified and well-trained personnel for the dredging and construction works. • Obtain insurance cover for all employees and the construction site. • Provide Personal Protective Equipment (PPE). • Recruit qualified and experienced EHS officers. • Source raw materials from sites that are EMCA Compliant. • Install safety signages and boards at all construction zones. Impacts Proposed Mitigation Measures • Comply with the Merchant Shipping Act, 2009. • Comply with the Occupational Safety and Health Act, 2007. • All accidents should be reported, investigated and corrective action taken to prevent reoccurrence. The full report of the proposed project is available for inspection during working hours at: (c) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (d) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (c) County Director of Environment, Kisumu 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/0786799 National Environment Management Authority.