GAZETTE NOTICE NO. 15460

DRAFT STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REPORT FOR THE REVIEWED INTERGRATED NATIONAL TRANSPORT POLICY (INTP) INVITATION OF PUBLIC COMMENTS IN LIGHT of the provisions of section 57 A of the Environmental Management and Co-ordination Act (EMCA), 1999, Regulations 42 and 43 of Environmental (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received a Draft Strategic Environmental Assessment report for the Reviewed Integrated National Transport Policy (INTP). The SEA findings are expected to integrate the existing sectoral policies, plans and programs to establish sustainable development mechanisms. The State Department for Transport is the Policy owner and recognizes that an appropriate INTP is the prerequisite for attaining an excellent transport system that is responsive to the needs of the people and the industry. The INTP intends to promote the Country’s development in terms of integrating production, marketing and population centres hence facilitating mobility in rural and urban areas, national and regional integration, trade promotions, improving the welfare of the people and Kenya’s competitiveness. The policy is based on the recognition that the construction of transport infrastructure systems and their maintenance often affect the environment, leads to displacement of human settlements loss of livelihoods, habitat fragmentation among other negative changes in the environment. As such there is need to ensure that the environmental, social, health and safety considerations are incorporated in transport infrastructure development, management and operations to safeguard the environment and human health. 10th November, 2023 THE KENYA GAZETTE A summary of the proposed environmental management and monitoring plan for the Integrated National Transport Policy is highlighted in the table below. The proposed mitigation strategies are aimed at minimizing the negative impacts while enhancing the positive ones. Key Environmental and Social Impacts and Mitigation Measures Issue Mitigation Monitoring Pollution (air, water, noise) Compliance/adherence/conformity to: • NEMA policy on noise, air quality standards. • East African Community Protocol on Environment on Natural Resources (Amendment 206). • The Occupational Safety And Health Act, 2007. • The Public Health Act (Cap. 242) • The Civil Aviation Act No 21 of 2013. • The Civil Aviation (Amendment) Act No. 46 of 2016. • The Kenya Airports Authority (KAA) Act Cap 395, of 1991 and the various regulations covering diverse areas. • The International Civil Aviation Organization (ICAO). • Convention on Biological Diversity. • Ramsar Convention. • Convention on Migratory Species/Bonn Convention. • Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Africa (1997). • Convention on Persistent Organic Pollutant (2001). Review guidelines on the transport sector action plan Hazardous waste Compliance/adherence/conformity/ Review to: • The Sustainable Waste Management Act, 2022. • Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Africa (1997). Review guidelines on waste management Wetland loss and degradation Compliance/adherence/ conformity to: • The Sustainable Waste Management Act, 2022. • The Climate Change Act No 11 of 2016. • United Nations Framework Convention on Climate Change (UNFCCC). • Draft National Policy on Wetlands Conservation and Management (2013). Strengthen guidelines on water catchment management. • Ramsar Convention. • The Wildlife Conservation and Management Act, 2013. • National Environment Policy, 2013. Destruction of flora and fauna Compliance/adherence/conformity to: • Convention on Biological Diversity (IC/A/P). • Convention on Migratory Species/Bonn Convention (IC/A/P). • The Wildlife Conservation and Management Act, 2013. • The Forest Act, 2012. • The Environmental Management and Co-ordination Act, of 2015 (Cap. 387) and its Amendment. • Lusaka Agreement on the Co- operative Enforcement Operations Directed against Illegal Trade in Fauna (1994). Review guidelines on the management of flora and fauna. Introduction of invasive species Compliance/adherence/conformity/ Review to: • National Biodiversity Strategy and Action Plan (NBSAP), 2000. Review guidelines for the prevention of and introduction of alien invasive species in the transport sector. Deforestation Compliance/adherence/conformity/ Review to: • Draft National Forest Policy, • EMCA Cap 2015. • National Biodiversity Strategy and Action Plan (NBSAP), 2000. • National Master Plan for Conservation and Management of Water Catchment Areas 2012. • Environmental Management and Coordination Act, of 2015 (Cap. 387) and its Amendment. Draw guidelines on the requirement of environmental rehabilitation plan (ERP). Climate change impacts (drought, floods and landslides) Compliance/adherence/conformity/ Review to: • Sessional Paper of 2014 on National Climate Change Framework Policy. • The Climate Change Act, 2016. • County Governments Disaster Management Bill. Review guidelines on adequate integration of climate change mitigation and mitigation in transport sector project EIA Report. Oil spills Compliance/adherence/conformity/ Review to: • The Merchant Shipping Act No. 4 of 2009. • The Environmental Management and Co-ordination Act (EMCA), 1999. • International Convention for the Prevention of Pollution from Ships (MARPOL). Re-assess the guidelines on for the ecosystem protection plan. 5008 5008 SOCIAL ISSUES Increased crime rates Compliance/adherence/conformity/ Review to: • The Penal Code (Cap. 63). • the Security Laws (Amendments) Act, 2014. Draft guidelines on mainstreaming and engagement of enforcement agencies. Inadequate consideration of labour opportunities Compliance/adherence/conformity/ Review to: • The Constitution of Kenya, 2010 The Employment Act, 2007. • Labour Relations Act No. 14 Of 2007. • Labour Institutions Act No. 12 of 2007 Persons With Disabilities Act No. 14 of 2003. Re-assess guidelines on labour management plan. Minimal consideration of erosion of cultural norms, values, and systems issues Compliance/adherence/conformity/ Review to: • National Policy on Culture and Heritage, 2009. • World Bank Policies, Indigenous Peoples Policy (O.P.4.10). • UNESCO Convention for the protection of the World Cultural and Natural Heritage (1972). • World Heritage Convention. Re-assess guidelines on the protection of cultural norms, systems, and values Inadequate consideration of cultural and heritage sites and displacement of Indigenous people Compliance/adherence/conformity/ Review to: • National Policy on Culture and Heritage, 2009. • World Bank Policies, Indigenous Peoples Policy (O.P.4.10). • National Museums and Heritage Act 2006. • World Bank’s Operational Policy 4.11-Physical Cultural Resources. • UNESCO Convention for the protection of the World Cultural and Natural Heritage (1972). • World Heritage Convention. • The Physical And Land Use Planning Act, 2019. • World Bank’s Operational Policy 4.12: Involuntary Resettlements. • Compliance with the Land Act, 2012. Review rules on the protection of heritage and protection/parti cipation and inclusion of indigenous peoples. Increased loss of land, and its entities, including property. Compliance/adherence/conformity/ Review to: • The Land Act, 2012. • The Physical And Land Use Planning Act, 2019. In conjunction with NLC and Environment and Land Court, review guidelines of compensation/ relocation and resettlement plan. Resource-based conflict- related issues Compliance/adherence/conformity/ Review to: • Public Roads and Roads Access Act Cap 399. • Review grievance redress mechanisms in conjunction with law enforcement agencies. • Rethink the Bill of Rights as enshrined in the COK (2010). • Draw guidelines on the African Charter on Human Rights Child labour and exploitation of children Compliance/adherence/conformity/ Review to: • The Children Act, 2001. • National Children Policy, 2010. • Labour Relations Act No. 14 Of 2007. Review guidelines of enforcement laws on child labour and exploitation Inadequate consideration of issues related to increased road accidents Compliance/adherence/conformity/ Review to: • The Traffic Act Chapter 403. Review guidelines on an enforcement management plan OCCUPATIONAL SAFETY, HEALTH, AND SECURITY Death and injuries Compliance/adherence/conformity/ Review to: • The Occupational, Safety, and Health Act, 2007. • The Work Injury Benefits Act, 2007. • ILO Declaration on Fundamental Principles and Rights at Work. • The Persons with Disabilities Act No. 14 of 2003. Review guidelines on work injury and benefits Gender based violence and sexual harassment and Violation of Rights of Children (VRC) Compliance/adherence/conformity/ Review to • The Sexual Offences Act, 2006 Gender Policy of 2011. • The Sexual and Gender Based Violence Act, 2017. • The Children Act, 2001. • National Children Policy, 2010. • ILO Declaration on Fundamental Principles and Rights at Work. • Re-assess guidelines on GBSH engagement and protection management plan. • Review guidelines on disease sensitization management plan. Sanitation and hygiene Compliance/adherence/conformity/ Review to • The Sustainable Waste Management Act, 2022. • The Compliance with the Water Act, 2016. • National environmental Sanitation and Hygiene Policy (NESHP) 2007. • Kenya environmental Sanitation and Hygiene Policy 2016-2030. Review guidelines on work injury and benefits 10th November, 2023 THE KENYA GAZETTE The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment, Climate Change 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, Nairobi City County. A copy of SEA 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 e-mailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, PTG No. 782/23-24 National Environment Management Authority.