GAZETTE NOTICE NO. 5711

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, Airtel Network Kenya Limited proposes the laying of submarine telecommunication cable and landing of the cable on the Kenya shoreline. Fibre-optic cable system project (2Africa or the Project) will span more than 37,000 kilometres, interconnecting Europe to Africa and the Middle East, with 35 landings in 26 countries, and will deliver increased capacity, quality and availability of internet connectivity to consumers and businesses. The installation and operation of submarine cables will be through the Exclusive Economic Zone and territorial sea of Kenya, the system will have two landings in Kenya, both on the northern coast of Mombasa. Two branch cables from the system trunk will be laid by a cable-lay vessel until the ship reaches a shallow-water depth of around 15 meters. From this point, smaller vessels and divers will be used to install the cable in shallow water and pull the cable to shore. The Project will also involve the construction of two beach manholes (BMHs) (one per landing site) adjacent to the beach to facilitate the connection of the submarine component to the terrestrial portion of the Project. The beach and BMH sites will be restored to their original state after construction. The only element visible will be the 1-metre-diameter manhole covers. The branching cables will be ‘landed’ on the beach and will each terminate at a BMH. The terrestrial portion of the Project will be installed from the BMH to a Cable Landing Station, where it will be connected to various configurations of terrestrial fibre-optic cable systems. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Interactions between vessels and megafauna • Project vessels will operate at speeds of 4 knots or less while laying and burying cable. • Safety zone separations from sighted marine mammals or turtles will be implemented. More specifically, vessels will temporarily halt operations when sea turtles or marine mammals are spotted within a 90 m buffer. • A Marine Megafauna Protocol shall be developed and implemented in coordination with KWS; this may include, for example. • A response plan in the event of megafauna collision. • Implementing a safety zone and/or speed restriction on the sighting of pods of whale species, bait balls (i.e., large, tightly packed formations of fish) or slow-moving megafauna such as whale sharks. Use of anchoring systems in shallower waters • The PLSE barge will use DP to maintain position for the shore-end landing, thereby avoiding the need for anchoring. The main- lay vessel will likewise use DP during cable lay in deeper waters. • Smaller vessels associated with the shore- end landings will comply with anchoring requirements in the MPA; use established anchoring locations, if available; and avoid anchoring in sensitive habitats (e.g., coral reefs). • An anchoring plan will be prepared for installation near coral reefs, in consultation with KWS. This may include, for example, prohibiting anchoring close to sensitive habitats within shallow waters. Impacts on coral and seagrass habitat • Use of divers to hand-lay the cable will enable the Project to avoid most impacts on living coral. • Use of diver jetting will help to reduce the impact on surrounding habitats from sediment disturbance during burial of the cable in soft-bottom substrates. • If the cable engineers determine that cable movement is likely, clamps will be applied to further secure the cable to the seabed. • The cable installer will coordinate with KWS in advance of and during the pre-lay swim, to refine the cable alignment within the Mombasa MNR. 20th May, 2022 THE KENYA GAZETTE Possible Impacts Mitigation Measures A. Cable installation in the vicinity of coral habitat will take place within appropriate sea-state conditions and tidal conditions (i.e., water level at the reef); to be defined in consultation with KWS. Disturbance to terrestrial habitat and species • Installation activities will occur in daylight hours; therefore, beach lighting at night will not be required. If night lighting is required for public safety, the lighting can be shielded and/or directed away from the beach. • The beach trench will be limited to as narrow a corridor as is safe and technically feasible. • Soil and aggregates will be stored away from any drainage areas during onshore trenching. • The beach will be restored to its original condition; the trench will be backfilled to its original contour with the original material. • The beach will be restored as quickly as technically feasible following installation of the cable. • The beach will be restored as quickly as technically feasible following installation of the cable. • The Project will abide by the EMCA noise and vibration regulations during onshore activities. B. Turtle nest monitoring will be conducted within the Project footprint prior to installation to check for turtle nests and recent turtle activity. The timing (i.e., days in advance of beach works) and details of turtle monitoring will be co-ordinated with KWS to meet Kenyan requirements. If active nests and/or nesting attempts are observed by monitors, appropriate mitigation measures for example, temporary fencing and monitoring during beach works to avoid nest disturbance will be taken by the Project in consultation with KWS. Beach parking and access constraints • The extent and duration of road closures or parking impacts will be limited to the greatest extent practicable, avoiding closure of the road if possible. • A 2-week notice period will be provided to surrounding businesses, traders and hotels of the planned installation works duration and schedule. The local community and beach users will be informed of the planned installation activities through local radio stations, newspaper adverts, public notices or other similar means. The BMH installation activities will be scheduled to avoid peak holiday periods, if possible. Access restrictions for local fishermen • Cable installation activities will occur in a designated area within which access would be temporarily restricted for public safety. • Kenya Maritime Authority will be given 1 months’ notice ahead of all installation activities, so that formal maritime notifications can be published. • Each of the two beach landing sites will be restored to pre-installation conditions. Possible Impacts Mitigation Measures The cable installer will provide 1 months’ notice to authorities in advance of the start of work for the PLSE. The local BMUs will be notified through the public offices (i.e., via the Deputy County Commissioner’s offices at both locations, who would then inform the Chiefs who would disseminate the information to the fishermen and the BMUs) with a minimum of 2 weeks’ notice. Nuisance to beach users • All planned beach installation and construction activities will be limited to normal working daylight hours. • A community notification process will be implemented to advise neighboring residencies, businesses, hotels or traders of the planned construction schedule and duration, or any planned closures or service interruptions. • Contractors will be required to adhere to speed restrictions and the associated safety requirements of signage or points man (or similar) should temporary lane closures be required. This will reduce the nuisance impacts to beachgoers and road users. • In the event that any work is to be undertaken at night (e.g., for emergency reasons), then the neighboring residencies, businesses, hotels or traders are to be notified of the activity as soon as practically possible. • All construction machinery, plant and equipment shall be kept in good working order, operated according to the supplier’s instructions and equipped with noise reduction mufflers where necessary. The Project will abide by the EMCA noise and vibration regulations during onshore activities. 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, 12th Floor, Ragati Road, Upper Hill, 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, Mombasa 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/3653628 National Environment Management.