GAZETTE NOTICE NO. 7854

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. 2636 2636 The proponent, County Government of Makueni Department of Roads, Energy and Public Works proposes to install two-strand electric fence (110km) long at Tsavo East National Park, along Kamuyu Primary School, Sasum Home, Kamuyu Stream, Miisani Village, Kambu River, Makutano, Dan Marcos, Kalawa Village, Sabati and Lukenya University in Kibwezi East Sub-County, Makueni County. The proposed project will help to reduce the human wildlife conflict (HWC) within the community and to reduce negative perception towards wildlife as a whole. The electric fence will be electrified using solar energy from two power energizers. The fence will be put in a manner so as to allow the public access water in the Kambu River as well as their livestock with ease. The proposed fence site is approximately 245 kilometers form Nairobi Town. Access to the site shall be trough Mutito Andei Town. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Planning, surveying, ESIA study, alignment • Avoid vegetation destruction, use available tracks, maintain modicum of silence, intensified consultations. Traffic management • The contractor should plan and implement traffic management programme on daily basis. • Comply with all applicable legislation and by- laws with regard to road safety and transport. • Lane and junction design and signage to meet appropriate standards. • Movement of construction vehicles timed to avoid peak periods. • Ensure adequate entry and exit lane design and appropriate signage. Liquid wastes • Carefully collect used oil in drums and dispose of by licensed refuse contractor. • Adhere to wastewater management regulation of the legal Notice 121 and Water quality regulations of the Legal Notice 120. • Construct Interceptor and conduct wastewater monitoring to check compliance and submit the results to NEMA. • Document and train staff in the emergency spill response plan. • Revegetation of open ground should be done to reduce run off hence reducing storm water drain. Constraining animals within the park • Provision of wildlife migration corridor and ecological sites, translocation. Transportation of materials • Maintain modicum of silence, use designated tracks, avoid using noise prone vehicles such as old tractors. Digging holes • Backfilling of excavated areas, solid waste put in bins are transported outside the park. Fencing • Due diligence ensuring animals are not locked out. • Strategic wildlife management. Air pollution and dust generation • Sprinkling all active construction sites with water. • Control of speed and movements of all automobiles within the construction site. • Use of low-sulphur diesel for diesel-operated construction machinery. • Provide dust musk to workers. • Install an eco-efficient back-up generator fitted with scrubs and silencer. Over-extraction of construction materials • Construction materials shall be from approved sources: for example: hardstone for building should be obtained from bonafide commercial quarries. Possible Impacts Mitigation Measures • Procure environmentally friendly and sustainable materials. • Do not use the following materials for construction of the building: • Asbestos in any form. • Asbestos substitutes or any naturally occurring man-made mineral fibres. • Lead, Lead paint or other materials containing Lead which may be inhaled, ingested or absorbed. • Vermiculite, unless it is established as being fibre-free. • Any product containing Cadmium that are regarded as being deleterious building material which are not in accordance with statutory requirements or with current accepted good building practice at the time of specification or construction. Live fence • Install warning signs on the live wire, allow for migration corridors and safe gates in designated areas, monitoring of voltage. Limited access to the reserve • Allow for access routes in designated areas, provide for utilization of reserve products. Access to the reserve • Community members should indemnify KWS, Access at owner’s risk, creating awareness on possible exposure to danger. Spillage of oil to soil and underground water sources • Have sorbent materials available on site. • If a spill or leak occurs, stop it from flowing at the source. • Develop a spill response action plan and display it in a strategic place. • Most of the open grounds should be cemented to prevent spills from leaking into underground water and soils. • Do not discharge petroleum products to sewers, drainage ditches, septic tanks, or streams. • Do not dispose of petroleum products in landfills or mix them with wastes that will be disposed of in landfills. • Ensure that all drainages are fitted with oil interceptors to retain any oils that will find their ways into the drainages. • Monitor quality of water draining from the site. • Monitor quality of underground water and soils for potential contamination, if necessary remediate the sites. Accidents • Adherence to safety requirements and standards, awareness creation on possible accidents, training of technicians on maintenance of the fence, installing warning signs. Fire • Install warning and preventive signs along access routes, engage stakeholders in fire management. Public health and occupational health and safety • Develop a site safety action plan detailing safety equipment to be used, emergency procedures, restrictions on site, frequency and personnel responsible for safety inspections and controls. • Daily site inspections should be done to ensure safe work practises are adhered to. • All workmen should be provided with personal protective equipment (PPE). • The Conditions of Contract in the tender 16th June, 2023 THE KENYA GAZETTE Possible Impacts Mitigation Measures documents should stipulate health, safety and environment regulations and work procedures. • The contractor must appoint a foreman with knowledge on health, safety and environment regulations. • All injuries that occur on site must be recorded in the accident registers and corrective actions for their prevention be instigated as appropriate. • Site personnel should be encouraged to report “near-miss incidents” in order to avoid potential problems and increase safety awareness. Conflicts with local communities on labour issues • Contractor will be required to have a transparent external communication plan covering among others, how available opportunities will be advertised. • The contractor should prioritize employing locals as casuals to reduce the need for labour influx. • Consultations with the local council of elders to ensure that available opportunities are fairly distributed across different clan members. Child protection, sexual exploitation and abuse (SEA) of underage girls • Workers will be educated by relevant agencies such as police and probation officers on the relevant laws and polices protecting children. • Reach out to children in and out of school in the vicinity of the construction sites with a life skills program focusing on HIV/AIDS and sexual abuse prevention among others areas. • Partnerships will be established with relevant government agencies and NGOs to ensure children access survivor centered services such as medical care, psychosocial support, legal redress, safety, etc as and when necessary. • Liaise with the administration units (county and sub-county governments, police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and unacceptable behavioral interaction of children and workers. Gender equity and mainstreaming • Contractor and implementing agency to prepare and implement a Gender Action plan to include at minimum, in conformance with local laws and customs, equal opportunity for employment (min 30% of labour should be women). • Provision of gender disaggregated accommodation, bathing, changing, sanitation facilities. 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, Makueni 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/5182954 National Environment Management.