GAZETTE NOTICE NO. 3158

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 Bus Rapid Transport (BRT) project is located in the North- East of Nairobi. It is the first stage of a BRT network and serves a 12.4 km long corridor referred to as BRT Core Line 3. It starts from Kenyatta Hospital progresses down Haile Selassie Avenue to the Central Business District (CBD), continues on Race Course Road to Ring Road Ngara to Juja Road and then onto the end at Dandora. The project comprises 10 main components. These are bus running ways, bus stations, bus depot, station access supporting infrastructure including pedestrian bridges where needed, fare collection and validation systems, bus fleet (1(0-articulated buses), interchange stations for feeder bus services, Park & Ride facilities, a BRT control room, and a real time passenger information system. The project concept integrates road traffic management with the needs of non- motorized transport modes (NMT) and a full integration of the BRT into the streetscape and urban living environment, including new pedestrian walkways and crossings, cycle lanes, parking spaces and green spaces. The following are the anticipated impacts and proposed mitigation measures: Potential Impacts Mitigation Measures Risk of road traffic ¢ The Contractor will prepare a Traffic accidents during Management Plan. including deploying construction phase banksmen at all active construction sites to manage flow of vehicles. ¢ Issue notices/advisories of pending traffic inconveniences and _ solicit tolerance by local residents before the commencement of construction works. ¢ Erect appropriate traffic warning signs informing road users of ongoing construction activities, speed limit signs instructing drivers to reduce speed, and, diversion signs will be placed along the road sections used for the BRT construction. ¢ As far as possible, transport of construction materials will be scheduled for off- peak traffic hours. This will reduce the risk of traffic Potential Impacts Deterioration of ambient air quality Potential displacement and loss of properties Generation of solid waste Mitigation Measures congestion and possible accidents on the road sections. ¢ Proper planning with regards to transportation of construction materials as per vehicle load specifications in order to reduce the number of trips per hauling vehicle. This will help to reduce potential accidents significantly. ¢ Erection of signs ahead of the works warning motorists of the heavy/construction units entering the road sections along the Right of Way * The Project RoW road, material haul/ access roads and diversion roads across settlements and active construction sites will be sprayed with water at least twice a day to suppress dust from material hauling vehicles. ¢ Haulage materials such as marram, sand, and hardcore shall be sprinkled with water and hauling trucks covered with tarpaulin to prevent possible dust emissions. ¢ Engines of machineries, vehicles and equipment will remain switched off when not in use to minimize the concentration of exhaust fumes. ¢ The Contractor shall properly tune engines of equipment to ensure complete combustion of fuel and so minimize exhaust fumes. ¢ The Contractor shall provide workers with dust masks and ensure that they are used properly at all times while on site. * Stockpiles of fine materials (e.g., sand and concrete) must be wetted or covered with tarpaulin during windy conditions. ¢ Regular inspection and maintenance of construction equipment. ¢ Solid waste generated during the course of implementing the Project will be collected and disposed of to NEMA approved dumping site by a duly registered waste handler as opposed to open burning. * The Contractor must comply to the requirements of EMC (Air Quality) Regulations, 2014. * The Contractor/Proponent are advised to undertake an air quality assessment and apply for an air quality permit before commencing the Project. e¢ All the Project Affected Persons (PAPs) to be affected by the proposed BRT Project MUST be informed of the Project activities in advance. ¢ All PAPs identified during the social economic and census survey will be fairly compensated at full replacement cost. ¢ The vulnerable PAPs such as People Living With Disabilities (PLWD), and elderly should be granted resettlement assistance. ¢ A Waste Management Plan will be prepared by the Contractor for the construction and __ post-construction (demobilization) phases of the Project. 18th March, 2022 THE KENYA GAZETTE [547 Potential Impacts Potential oil spills and other hazardous wastes Waste water generation Disruption of public utilities Mitigation Measures Special attention will be given to minimizing and reducing the quantities of solid waste produced during site preparation/ clearance, excavation and construction activities. This will be achieved by reusing existing materials to prevent further extraction. Solid waste generated during the course of implementing the Project will be collected and disposed of to NEMA approved dumping site by a duly registered waste handler as opposed to open burning. Reusable inorganic waste (e.g., excavated _—sand/soils) will be stockpiled away from drainage features and used for in filling where necessary. Skips and bins will be strategically placed within the campsite and emptied regularly. The skips and bins at the campsite should be adequately designed and covered to prevent access by vermin and minimize odour, Construction waste to be managed in accordance with national standards. Hazardous waste such as spent transformer oil should be collected/disposed through an authorized dealer. The Contractor is expected to comply with the requirements of EMC (Waste Management) Regulations, 2006. All used oil and oil containers must be disposed in an enclosed metal container Vehicle inspection and engine maintenance should be conducted on concrete slab surfaces to prevent potential oil leakage in cases of spills. Oil spills must be cleaned immediately. This can be achieved by applying sawdust powered on oil spill surfaces to absorb the spills. The contaminated saw dust must be disposed of appropriately. The Contractor to develop hazardous waste tracking form which must be regularly updated. Secondary containment measures in areas where fuels, oils, lubricants and construction materials such as cement are stored and loaded or unloaded, including fuelling points should be installed. Design and install a septic tank system for human sanitary purposes at the campsite. Undertake regular water quality testing in NEMA accredited laboratories. Avoiding alignments that are susceptible to erosion, such as those along or crossing steep slopes. Preventive measures for runoff, erosion and sediment control. A Utility Management Plan wil] be prepared by the Contractor and implemented prior to the construction phase. The Proponent to consult the service providers in case of any relocation exercise. Potential Impacts Occupational Health and Safety Hazards - workers Mitigation Measures Consumers to be informed prior to any interruption to services. Formulation and implementation of safety policy for the proposed Project. The Contractors must employ full time health and safety officer to manage all the accidents and safety concerns on site. Advise workers and visitors to take precautions not to cause any effect on their own health or to the health of other persons. Machines and equipment should only be operated by duly trained and qualified personnel. Erect appropriate signs on construction sites to warn workers of safety requirements as regards to machines with moving parts and other equipment at site. Provide fully furnished First Aid Box and have a trained person to handle site emergencies and incidences. Display in the campsite telephone numbers of first aiders, HSE officer and ambulances or provide a site vehicle to specifically transport the injured to hospital. Provide fire-fighting equipment at the campsite. Display emergency call numbers that can be used in case of a site fire. Provide washing (enclosed bathroom) and toilet facilities at site with both drinking and washing water. The number of workers engaged determines the number of the toilets and bathrooms provided. These facilities should be adequate and fit for use for all genders both at the campsite and along the construction site. Ensure the Project areas are marked and appropriate signage used to warn the public of the ongoing Project. Enforcing adherence to safety procedures and preparing contingency plan for accident response. The Contractor will on a timely basis provide all employees with basic safety and protective gears (PPEs) such as hard helmet, hard gloves, goggles. overalls, and steel capped safety shoes. Worn out PPEs will be replaced promptly. All machinery used on site must be properly maintained, regularly serviced and inspected before use. Place warning signs for hazardous or flammable substances and _ ensure chemicals are stored safely and Material Safety Data Sheets are made available educating workers on the same. Excellent housekeeping — standarde should be maintained on site and at construction stores. Ensure that provision for reporting incidents, accidents and dangerous occurrences during construction using prescribed forms obtainable from the Directorate of Occupational Health and Safety Services (DOSHs) are in place, Potential Impacts Mitigation Measures Potential Impacts Mitigation Measures Occupational Health ¢ Implement precautions to ensure that ¢ Contractor to prepare and enforce a No and Safety Hazards objects (e.g., equipment, tool, debris, Sexual Harassment and Discrimination — General Public precast sections, etc.) do not fall onto Policy in accordance with national or hit people, vehicles and properties in laws. adjoining areas. ¢ Contractor to engage services of local e Fencing of construction sites and CSOs or sub-contract a contractor to regular patrols to restrict public access. educate all workers and nearby ¢ Prior to excavation work, barricade communities and stakeholders on areas to be excavated. preventing and responding to sexual harassment and GBV ahead of any * Strictly impose speed limits along Project related works. residential areas and where other . . sensitive receptors are located. * Display at the noticeboard, emergency numbers and hotlines for prompt e Educate drivers on safe driving reporting GBV and sexual offences practices to minimize potential cases. accidents. . : * Strategies such as male involvement * An Emergency Preparedness and will be employed in preventing and Response Program must be prepared responding to GBV_ and _ sexual by the Contractor and must include an harassment. eet ncreney anions way ogc e Establish partnerships with relevant communities and individuals that may government agencies and NGOs to be affected, response procedures, ensure survivors of GBV and sexual provision of equipment and resources, offences access survivor centred designation of responsibilities, Services Such as medical care, communication, including that of psychosocial support, legal redress, potentially affected communities and safety, etc, as and when necessary. periodic training to ensure an effective ¢ Provision of gender disaggregated response. facilities - separate bathing, changing, * A Security Personnel Program must be sanitation facilities for men and prepared by the Contractor to manage women. and control potential security risks. ¢ The Contractor to set up an easy to * Contractor to develop a Waste access Grievance Redress Mechanism Management Plan, for the workers and the general public to lodge complaints on GBV cases. e Prowse Substances Management ¢ Liaise with the administration units (County and Sub-County Spread of ¢ Develop HIV/AIDS awareness Governments, Police, DO, Chiefs, etc.) HIV/AIDS and programmes or initiatives to target the to provide regular surveillance and CoVID-19 construction workers, _ institutional patrols to protect workers and communities and the general members unacceptable behavioural interaction of of the community, particularly the local communities and workers. youths; with the objective of reducing . : . ae the risks of exposure and the spread of Potential damageto ° Monitor construction activities to HIV virus in the Project area. public and ensure public and private property is A : not damaged. ¢ Develop appropriate training and private properties . awareness materials for Information, * The Contractor should obtain an Education and Communication on underground utility map from Nairobi HIV/AIDS. County Government to help in locating ground utilities like waterlines, sewer ¢ Develop an_ intervention strategy lines, internet cables, etc, in order to compatible with the construction minimize destruction of such utilities. programme to address success of the : HIV/AIDS prevention and _ provide ° All damage d properties as a result of peer educators for sustainability in imple menting the Project will be collaboration with other stakeholders. repaired to their initial status before the amage. ¢ Integrate monitoring of HIV/AIDS : nee . preventive activities as part of the Removal and ° Minimize unnecessary clearing of construction supervision. Basic disturbance of flora vegetation along the ROW. knowledge, attitude and practices are along ROW and e Prevent vegetation trampling by among the parameters to be monitored, diversion corridors restricting access. and _ particularly on provision of * Only clear areas marked for anticetrevieal (ARVS). and use of ! construction activities. ¢ Provide Covid -19 mitigation and ° proramme . replant all toes hiv nung control, the Contractor will: , Provide adequate hand washing sites ‘The full report of the proposed project is available for inspection and enough sanitizers on site. during working hours at: Provide masks and ensure that social (a) The Principal Secretary, Ministry of Environment and distancing is maintained where Forestry, NHIF Building, 12th Floor, Ragati Road, Upper possible. ; Hill, P.O. BOX: 30126-00100, Nairobi. Gender Based ¢ Contractor will prepare a GBV (b) Director-General, NEMA, Popo Road, off Mombasa Road, Violence (GBV) Prevention and Response Plan and P.O. BOX 67839-00200, Nairobi. ensure its implementation. 18th March, 2022 (c) County Director of Environment, Nairobi City County. A copy of the EIA report can be downloaded at National Environmental 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 for this project. MAMO B. MAMO, MR/323 1848 ; Director-General.