SFG3691 V11 ENVIRONMENTAL IMPACT ASSESSMENT PROJECT FOR THE PROPOSED CONSTRUCTION OF OL KALAU HIGH COURT IN NYANDARUA COUNTY For: The Kenya Judiciary, Judicial Performance Improvement Project (JPIP), P.O. BOX 30041-00100 NAIROBI Tel: +254724422660/ +254737691747 Prepared by: Nicholas M. Simani NEMA Registered EIA & EA Lead Expert P.O. Box 14071 – 00800 NAIROBI APRIL 2017 i SUBMISSION OF DOCUMENTATION Nicholas M. Simani submits this Environmental Impact Assessment Report, for the proposed construction of Ol Kalau High Courts in Ol Kalou town the Administration Headquarters of Nyandarua County. To my knowledge all information contained in this report as handed to me by the management of the Kenya Judiciary is an accurate and a truthful representation of all findings relating to the project. Signed in NAIROBI on this …. Day of …….. 2017 Signature ____________________ Name: ________________________________ Individual consultant. Designation: Lead Expert Reg. No. 0821 SUBMISSION OF DOCUMENTATION I Mr. ……………………………………………………………………………….. on behalf of The Kenya Judiciary declare that I have read the entire document and to my knowledge all information contained in this report as given to Mr. Nicholas Simani by the management of The Kenya Judiciary is an accurate and a truthful representation of all findings as relating to the project. Signed at NAIROBI on this …. Day of ……… 2017 Signature _____________________ Name: _____________________________ Department: _________________________________________________________ Designation: _________________________________________________________ ii TABLE OF CONTENTS Submission of Documentation ..................................................................................................... ii ACRONYMS ................................................................................................................................. vii EXECUTIVE SUMMARY .......................................................................................................... viii TABLE OF CONTENTS ............................................................................................................. iii 1.0 INTRODUCTION .................................................................................................................. 1 1.1 Terms of Reference .................................................................................................................. 1 1.2 EIA Methodology ..................................................................................................................... 2 1.2.1 Project brief ........................................................................................................................... 2 1.2.2 Desk-based studies ................................................................................................................ 2 1.2.3 Stakeholder engagement ........................................................................................................ 2 1.2.4 Baseline Surveys and Studies ................................................................................................ 2 1.2.5 Physical inspection and visit to Cluster site .......................................................................... 2 1.2.6 Impact Assessment ................................................................................................................ 3 1.2.7 Environmental and social Management Plan ........................................................................ 3 1.2.8 Review of ESIA Project Report to NEMA for ESIA licensing ............................................. 3 1.3 Project Objectives ..................................................................................................................... 3 1.4 Need for the project .................................................................................................................. 4 1.5 Scope and content of the project............................................................................................... 4 1.6 Project Documentation ............................................................................................................. 5 2.0 DESCRIPTION OF THE PROJECT ................................................................................... 6 2.1 Project Design .......................................................................................................................... 6 2.1.1 Ground Floor Plan ................................................................................................................. 7 2.1.2 First Floor Plan ...................................................................................................................... 7 2.1.3 Second Floor Plan .................................................................................................................. 7 2.1.4 Third Floor Plan..................................................................................................................... 7 2.1.5 Fourth Floor Plan ................................................................................................................... 7 3.0 PROJECT LOCATION AND BASELINE ENVIRONMENTAL SETTING .................. 8 3.1 Location of the Study ............................................................................................................... 8 3.2 Geology and soils ..................................................................................................................... 8 3.3 Climate...................................................................................................................................... 8 3.3.1 Rainfall .................................................................................................................................. 8 3.3.2 Temperature ........................................................................................................................... 8 3.3.3 Vegetation .............................................................................................................................. 8 3.4 Site Infrastructure ..................................................................................................................... 9 3.4.1 Utilities .................................................................................................................................. 9 3.4.2 Water and sewerage services ................................................................................................. 9 3.4.3 Electricity............................................................................................................................... 9 3.4.4 Solid Waste Management Services ....................................................................................... 10 iii 3.4.5 Hydrology, Drainage and Ground Water Resources ............................................................. 10 3.5 Transport and communication .................................................................................................. 10 3.5.1 Transport ................................................................................................................................ 10 3.5.2 Communication ..................................................................................................................... 10 3.5.3 Sensitive Receptors................................................................................................................ 10 3.6 Socio-economic conditions Employment and surrounding land use........................................ 10 3.6.1 Demographic characteristics.................................................................................................. 10 3.6.2 Economic Activities and Employment .................................................................................. 11 3.6.3 Labour force .......................................................................................................................... 11 3.6.4 HIV and AIDS ....................................................................................................................... 12 3.6.5 Gender Inequality .................................................................................................................. 13 4.0 POLICY, LEGAL, INSTITUTIONAL REGULATORY AND ADMINISTRATIVE FRAMEWORK .... 14 4.1 Policy Framework..................................................................................................................... 15 4.1.1 Policy Paper on Environment and Development (Sessional Paper No. 6 of 1999)............... 15 4.1.2 National Environmental Action Plan (NEAP)....................................................................... 16 4.1.3 The National Environmental Policy, 2013 ............................................................................ 16 4.1.4 The National Environment Management Authority (NEMA) ............................................. 17 4.1.5 The Judicial Service Commission ......................................................................................... 18 4.1.6 The National Construction Authority (NCA) ....................................................................... 18 4.1.7 The Directorate of Occupational Safety and Health Services .............................................. 19 4.1.8 National Policy on Water Resource Management and Development ................................... 19 4.2 Legal Aspects ........................................................................................................................... 19 4.2.1 Environmental Management and Coordination Act (2015) .................................................. 20 4.2.2 Physical Planning Act (Cap286)............................................................................................ 20 4.2.3 The Water Act (Cap 2000) .................................................................................................... 20 4.2.4 Building Code (2000) ............................................................................................................ 21 4.2.5 The trade licensing Act (Cap 497) ......................................................................................... 21 4.2.6 Public Health Act (Cap 242) ................................................................................................. 21 4.3 Legislative and Regulatory Framework ................................................................................... 21 4.3.1 The Environmental Management and Coordination Amendment Act, 2015 ........................ 21 4.3.2 The Environmental (Impact Assessment and Audit) Regulations 2003................................ 22 4.3.3 The Environmental Management and Coordination (Waste Management) .......................... 23 4.3.4 The Public Health, CAP 242 Laws of Kenya ........................................................................ 24 4.3.5 The Environmental Management and Coordination Regulations ......................................... 26 4.3.6 The Occupational Safety and Health Act, 2007 .................................................................... 28 4.3.7 The Judicial Service Act, No. 1 of 2011................................................................................ 30 4.3.8 The Physical Planning Act .................................................................................................... 31 4.3.9 The World Bank Guidelines – General Environmental Health and Safety (EHS) ................ 32 3.1 Water Quality and Availability........................................................................................ 32 3.1.1 Water Quality ............................................................................................................... 32 3.1.2 Water Availability ........................................................................................................ 32 3.2 Structural Safety of Project Infrastructure ....................................................................... 33 3.3 Life and Fire Safety (L&FS) ........................................................................................... 34 iv 3.3.1 Specific Requirements for New Buildings ................................................................... 34 3.3.2 Fire Prevention ............................................................................................................. 34 3.3.3 Means of Egress............................................................................................................ 35 3.3.4 Detection and Alarm Systems ...................................................................................... 35 3.3.5 Compartmentation ........................................................................................................ 35 3.3.6 Fire Suppression and Control ....................................................................................... 35 3.3.7 Emergency Response Plan............................................................................................ 35 3.3.8 Operation and Maintenance .......................................................................................... 35 3.3.9 L&FS Master Plan Review and Approval .................................................................... 36 3.4 Disease Prevention Communicable Diseases .................................................................. 37 3.4.1 Vector-Borne Diseases ................................................................................................. 37 3.5 Emergency Preparedness and Response .......................................................................... 38 3.5.1 Communication Systems .............................................................................................. 38 3.5.2 Community Notification ............................................................................................... 39 3.5.3 Fire Services ................................................................................................................. 39 3.5.4 Medical Services........................................................................................................... 39 3.5.5 Availability of Resources ............................................................................................. 39 3.5.6 Training and Updating .................................................................................................. 40 3.5.7 Business Continuity and Contingency .......................................................................... 40 4.3.10 World Bank - Safeguard Policies for Reconstruction Projects............................................ 40 4.3.11 World Bank Environmental and Social Safeguards and Their Policy Objectives .............. 41 4.3.12 The Land Act 2012 .............................................................................................................. 42 5.0 ANTICIPATED PROJECT CONSTRUCTION ACTIVITIES ........................................ 45 5.1 Construction commencement ................................................................................................... 45 5.2 Excavation and foundation works ............................................................................................ 45 5.3 Sourcing and transportation of building materials ................................................................... 45 5.4 Storage of materials .................................................................................................................. 45 5.5 Masonry, concrete work and related activities ......................................................................... 45 5.6 Structural steel works ............................................................................................................... 45 5.7 Roofing and sheet metal works ................................................................................................ 46 5.8 Electrical work .......................................................................................................................... 46 5.9 Plumbing................................................................................................................................... 46 5.10 Infrastructure .......................................................................................................................... 46 5.11 Water Supply .......................................................................................................................... 46 5.12 Sewerage ................................................................................................................................. 46 5.13 Solid waste management ........................................................................................................ 46 5.14 Storm water run-off ................................................................................................................ 46 5.15 Security ................................................................................................................................... 47 5.16 Landscaping ............................................................................................................................ 47 5.17 Health and safety measures .................................................................................................... 47 5.18 Description of the project’s operational activities .................................................................. 47 5.19 Cleaning .................................................................................................................................. 47 5.20 General repairs and maintenance of common grounded external work. ................................ 47 v 5.21 Specific Project Activities ...................................................................................................... 48 5.22 Activities during construction ................................................................................................ 48 5.23 Project Inputs ......................................................................................................................... 49 5.23.1 Inputs at the construction stage ........................................................................................... 49 5.23.2 Inputs at operation and maintenance phase ......................................................................... 49 5.24 Project Outputs, By-products and wastes ............................................................................... 49 6.0 POTENTIAL ENVIRONMENTAL IMPACTS .................................................................. 50 6.1 Identification of Impacts ........................................................................................................... 50 6.1.1 Physical Environment ............................................................................................................ 50 6.1.2 Natural Environment ............................................................................................................. 50 6.1.3 Economic, Cultural Environment and social welfare ............................................................ 50 6.2 Impacts identified ..................................................................................................................... 51 6.2.1 Positive impacts of the project............................................................................................... 51 6.3 Impacts during Construction Stage........................................................................................... 51 6.3.1 Positive Environmental Impacts ............................................................................................ 51 6.3.2 Negative Impacts ................................................................................................................... 53 6.4 Operational Stage ..................................................................................................................... 55 6.4.1 Positive impacts ..................................................................................................................... 55 6.4.2 Negative impacts ................................................................................................................... 56 6.5 Statement of impact .................................................................................................................. 56 7.0 PUBLIC PARTICIPATION .................................................................................................. 57 7.1 Introduction .............................................................................................................................. 57 7.2 Impacts Identified by Respondents........................................................................................... 58 7.2.1 Positive Impacts:.................................................................................................................... 58 7.2.2 The Negative Impacts: ........................................................................................................... 58 8.0 ANALYSIS OF ALTERNATIVES ....................................................................................... 59 8.1 Project Alternatives .................................................................................................................. 59 8.1 The Proposed Development Alternative................................................................................... 59 8.2 Relocation Alternative .............................................................................................................. 59 9.0 MITIGATION AND MONITORING OF POTENTIAL IMPACTS ................................ 61 9.1 Mitigation of construction phase impacts ................................................................................. 61 9.1.1 Efficient sourcing and use of raw materials .......................................................................... 61 9.1.2 Minimization of run-off and soil erosion .............................................................................. 61 9.1.3 Minimization of construction waste ...................................................................................... 61 9.1.4 Reduction of dust generation and emission ........................................................................... 62 9.1.5 Minimization of fuel consumption ........................................................................................ 62 9.1.6 Minimization of noise ........................................................................................................... 62 9.1.7 Minimization of water use. .................................................................................................... 62 9.2 Mitigation of operational phase impacts .................................................................................. 63 9.2.1 Ensuring efficient solid waste management .......................................................................... 63 9.2.2 Minimization of sewage release ............................................................................................ 64 9.2.3 Green Building Concept ........................................................................................................ 64 9.2.4 Efficiency in energy consumption ......................................................................................... 64 9.2.5 Renewal Energy..................................................................................................................... 64 9.2.6 Water conservation ................................................................................................................ 64 vi 10.0 ENVIROMENTAL SOCIAL MANAGEMENT PLAN ................................................... 69 11.0 GRIEVANCE REDRESS MECHANISM.......................................................................... 74 12.0 PROJECT BUDGET............................................................................................................ 77 13.0 CONCLUSION AND RECOMMENDATIONS................................................................ 78 REFERENCES ............................................................................................................................. 79 APPENDICES ............................................................................................................................... 81 Appendix I: Architectural drawings ............................................................................................... 81 Appendix II: Public Participation Questionnaires .......................................................................... 88 Appendix IIa: Public participation - List of people interviewed .................................................... 92 Appendix III: Copy of Land Ownership Documents. Allotment Letter ......................................... 93 Appendix IV: Certificate of Membership - Environmental Institute of Kenya .............................. 97 Expert’s Practicing License .................................................................................... 98 Expert’s Registration Certificate ............................................................................ 99 Expert’s PIN certificate .......................................................................................... 100 Expert’s copy of ID ................................................................................................ 100 CHART I ....................................................................................................................................... 75 LIST OF PLATES Plate 1: Satellite imagery of Ol Kalou town showing site of new law courts ............................... ix Plate 2: Construction site - existing sewerage line ......................................................................... 5 Plate 3: Landscape of Project Site showing type of vegetation ...................................................... 5 Plate 4: View of construction site - County Headquarters in background ..................................... 6 Plate 5: Road leading to the proposed law courts construction site ............................................... 9 Plate 6: Electricity Supply lines to the Project Site ........................................................................ 12 Plate 7: Ol Kalou town in the background ..................................................................................... 43 LIST OF TABLES Table 1: Summary of environmental aspects and mitigation measures ........................................ xi Table 2: Compliance to Relevant Legislation ................................................................................ 44 Table 3: Classification of Environmental Impacts ......................................................................... 65 Table 4: Environmental Impact Appraisal criteria ......................................................................... 66 Table 5: Environmental Impacts Appraisal– Construction Stage .................................................. 67 Table 6: Environmental Impacts Appraisal – Operation (Occupancy) Stage ................................ 68 Table 7: The Environmental Management Plan with mitigation measures .................................... 69 vii ACRONYMS AC Affected Community AG Affected Group AI Affected Individual APs Affected Persons CUC Court Users Committee DBS Directorate of Building Services DG Director General EA Environmental Audit EIA Environmental Impact Assessment EMCA Environmental Management and Co-ordination Act 2015 EMMP Environmental Management and Monitoring Plan EMS Environmental Management System ESMF Environmental Social Management Framework ESIA Environmental and Social Impact Assessment ESMP Environmental Social Management Plan ES Environmental scooping GRM Grievance Review Mechanism GRMC Grievance Review Mechanism Committee IEA Initial Environmental Audit JPIP Judiciary Performance Improvement Project JTF Judiciary Transformation Framework KBS Kenya Bureau of Standards NEC National Environmental Council NEAP National Environmental Action Plan NEMA National Environment Management Authority PES Payment for Environmental Services PPE Personal Protective Equipment SEAs Strategic Environmental Assessments SHE Safety Health and Environment SMEAs Strategic Multilateral Environmental Agreements SWM Solid Waste Management SWP Soil Water Pipes TOR Terms of Reference WRMA Water Resource Management Authority viii EXECUTIVE SUMMARY The Lead Consultant was contracted by The Judiciary to carry out an Environmental and Social Impact Assessment (ESIA) and to prepare the Environmental and Social Management Plan (ESMP) for the construction of the proposed High Courts in Ol Kalou. The project site is situated approximately 1.5km from Ol Kalou Township and it neighbours the County Assembly of Nyandarua and County Commissioners Administrative offices. The purpose of the this ESIA is partly in comply with the legal requirements stipulated in the Environmental Management Coordination Act (EMCA) of 1999 (now revised 2015) and the subsequent Environmental Impact Assessment and Audit Regulations of 2003 on expansion of urban developments. Project location Ol Kalou is a township in Kenya. It is the new headquarters of Nyandarua County, part of the former Central Province. It is located west of Aberdare range and 40 kilometers east of Nakuru. Ol Kalou is connected by road to Gilgil, Nyahururu and Nakuru. The Population is 47,795, the Latitude is 0° 16' 15.17" N and the Longitude is 36° 22' 45.01" E Proposed site of new Law courts Plate 1: Satellite imagery- Ol Kalou town. Need for the Project Courts in many parts of Kenya are faced with increased demand for quality and improved judicial services. The nearest existing facilities at the Engineer Law courts are inadequate with respect to the requirements for a modern efficient court, hence the need for upgrade of existing court facilities In response to the needs of the residents of Olkalau in Particular and Nyandarua county as a whole, the Judiciary (hereinafter referred to as the proponent) intends to construct a Law Court Complex complete with the necessary external works such as parking space, driveway, electricity and water supply. Other works to be included are; water storage tanks, storm drainage, sanitation works, perimeter walking and electric fencing among other necessary components and services. The project is being undertaken as part of the Judicial Performance Improvement Project, funded by the World Bank. ix The architects drawings and layout plan have been attached to this report in appendix I. Included in this document are photos of the existing site from various angles before construction showing existing structures, physical features and approach roads to the plots. In submitting this report the proponent will fully comply with the revised Environmental Management Act of 2015, by presenting detailed findings of the likely Environmental Impacts of the proposed use of the existing land for a new Law Court Complex. Project Description This component of the JPIP project aims to enable the residents of OlKalau in particular and those of Nyandarua County as a whole access obtain access to justice, while at the same time ensuring Judiciary staff are able to improve service delivery. . Under this component, with World Bank financing, the Judiciary shall rehabilitate 30 existing courts, construct 8 new law courts, including the Ol Kalou law court and 2 Magistrate Courts as a whole all around the country. The new Ol Kalou law courts will have designated court rooms, Chambers for the Judges and Magistrates, ICT components, a banking hall, administrative offices, exhibits rooms, lactation rooms for feeding mothers, separate cells for men, women , juveniles and even a Huduma centre. Other features will include registries, public waiting bays, and advocates lounge, library and meeting/conference rooms among many other modern features. Environmental and Social Management Plan This report details measures to be put in place to mitigate the likely negative environmental impacts of the project through an Environmental Social Management Plan (ESMP). The potential negative impacts of the project include noise pollution, generation of dust, solid waste, exhaust emissions, increased energy consumption, extradition and use of building materials from the surrounding areas and use of large quantities of water at the site (see summary in the table below). Some of the mitigating measures (as detailed in the table below) include minimization of water demand, energy demand, solid waste generation, storm water run-off and minimization of onsite accidents during construction phase and soil erosion as outlined in the proposed Environmental Management and Monitoring Plan (EMMP). x Table 1: Summary of environmental aspects and mitigation measures Environmental and Mitigation measures /Socio-economic activities Clearance of vegetation for  Optimize on use of open spaces instead of cutting down trees construction purposes  Carry out landscaping as per project design to include trees and bushes  Installation of marked waste bins that should be covered  A secure waste holding shed should be set up to facilitate segregation and temporary storage of wastes  Use of an integrated solid waste management system including prevention, recycling, composting or incineration.  All workers to be sensitized to ensure waste generation is minimized during Generation of solid wastes on construction the site of construction  Contractor to keep waste tracking forms for all the wastes that leave site to ensure proper record keeping of waste movement.  Ensure an incinerator is installed at the Ol Kalou site and that it is regularly maintained during operational phase and a license obtained from NEMA.  Containerization of any solid waste and appropriate disposal by a NEMA licensed waste handler pursuant to L.N. 121  All hazardous and non-hazardous waste should be stored separately Presence of members of the  Provide adequate security at the working station during the project cycle public in the area  Controlled access to the project site during and after construction Interruption of existing  Relocation of power lines to be done at off peak hours to prevent power interruption operations, logistics and in the neighborhood and particularly at the county offices services of the neighboring  Measures to be put in place to ensure that minimal disruption of County Nyandarua County Administration activities during construction phase. Administration offices. Dust emission and noise  Construction and demolition works, and movement of trucks will be limited to pollution through working hours machine/equipment  Erection of a bill board to notify neighbours on cautionary practices and ongoing operations and vibrations works  Truck drivers will be instructed to prevent unnecessary hooting and idling of engines when stationary.  Construction site generating dust will be sprinkled with water to prevent dust emission  Notify neighbours of decommissioning and demolition plans  All staff/workers be properly inducted on work ethics and safe working procedures  The installed generator and power equipment used to be fitted with noise control devices e.g. silencers  The construction site should be secured by site hoarding to prevent dust propagation by wind and limit noise production within site  Proponent to comply with L.N. 25: Noise prevention and control rules, 2005 and L.N 61 Noise and vibration pollution regulation, 2009.  Hoarding and netting for dust control will be implemented  Workers will be provided with appropriate personal protective equipment  Adequate job supervision should be prioritized  Transportation of waste debris for disposal should be done aboard secured vehicles by licensed operators.  Machinery and equipment used will be regularly serviced xi Exposure to possible  Compliance with provisions of the Occupational Safety and Health Act, 2007 mechanical, physical hazards  Implementation of a “No Smoking” policy  Provision of firefighting equipment at the court station  Development and implementation of a safety and health policy  All workers will be instructed on firefighting skills  Workers will be provided with appropriate personal protective clothing and equipment  All workers to be instructed on first aid administration  Workers will be provided with appropriate tools and equipment  A first aid box will be provided and manned by a trained first aid personnel.  Registration of the station as a work place with DOSHS  Installation of smoke detectors in the new court house Increased resource  Building will optimize on natural lighting in all areas including the corridors and consumption during court rooms. operational phase  Use of solar energy to be considered  All employees and visitors to be sensitized on resource conservation  Rainwater will be harvested from roofs  Water conservation taps are to be installed  Energy efficient machines and appliances will be used  Consideration to be made for safe water reuse and/or recycling  Excavated earth should be cleared from areas susceptible to surface runoff of storm waters Soil disturbance  Excavations should be confined only to the approved plans  Use minimally invasive excavation technology  Carry out landscaping and re-vegetation of all open spaces Generation of sewerage and  All waste water and sewerage will be channeled into the existing sewerage system waste water Observations Our observations regarding the proposed project are that the Judiciary, the project proponent, has the intention of following the laid down environmental regulations, laws, and standards during the entire construction process. The architectural drawings will be scrutinized as required by the relevant regulatory authorities. Conclusions In our conclusion, this is an environmentally sound project. Building the new courts will have both positive and negative environmental impacts. Foremost among the positive impacts is that the project will enhance access to improved service delivery, justice for the county residents in OlKalau in particular but also Nyandarua County as a whole. Other positive impacts include the provision of employment opportunities, as well as a safer more accessible and convenient working environment. Among the potential negative environmental impacts cited, is the generation of noise and dust at the site, disruption of normal day to day functions at the adjacent Nyandarua County administration offices during the initial construction stage, occupational health and safety impacts , noise dust and the generation of waste and effluent. The project encompasses balanced environmental considerations and benefits. The proponent intends to put in place adequate measures to mitigate the negative impacts as clearly indicated in the Environmental Social Management Plan (ESMP) proposal. xii 1.0 INTRODUCTION The government of Kenya is implementing the Judiciary Performance Improvement Project (JPIP) in line with the constitution in which the judicial reforms are anchored. In addition, in order for the Judiciary to effectively fulfill its constitutional mandate and attain excellence in service delivery a comprehensive Judicial Transformation Framework (JTF) 2017-2021 has been developed incorporating earlier reforms initiated under the JTF (2012-2016) which laid the foundation for the transformation of the Judiciary by consolidating reforms, providing a cohesive institutional strategy and framework, ensuring monitoring, tracking of results, evaluation and accountability for reforms. Under the JPIP implemented over the last five years, much of the work done was focused on institutional building and capacity enhancement. As a result more courts have been established as a strategy to reduce distance to courts for litigants especially in far-flung areas. In addition, infrastructure has been built or improved while some of the existing court houses have been renovated. The JTF was premised on laying the foundation for Judiciary transformation and the next phase, therefore, is predicated on sustaining Judiciary transformation for better service delivery. The Judiciary has also developed the Judiciary Strategic Plan 2014-2018 that builds upon the foundations of the JTF by providing a comprehensive roadmap for implementing, sustaining and furthering the transformation agenda. This EIA Report prepared in respect of the EMCA regulations of 2015 incorporates an Environmental Management Plan (EMP) to mitigate the negative effects of the project during both the construction and commissioning stages. 1.1 TERMS OF REFERENCE The Terms of Reference for undertaking this Environmental and Social Impact Assessment for the proposed construction of the Ol Kalou Law courts in Nyandarua County were: 1) To determine whether the proposed project will have adverse impacts on the environment and recommend mitigation measures for any adverse impacts identified; 2) To analyze possible project alternatives in terms of site, designs and other criteria and seek justification for the preferred options; 3) To identify health and public safety concerns associated with the implementation of the proposed project and provide an action plan for managing public health and safety; 4) To find out the positive socio-economic and environmental impacts and benefits associated with the proposed project for the purpose of enhancement; 5) To seek the views and inputs of neighbors and members of the public in carrying out the proposed development; 6) To promote environmentally and ecologically friendly development; 1 7) To enable the project proponent comply with the requirements of the Environmental Management and Coordination Act (2015). 8) To provide an environmental and social management plan for mitigating the environmental and social impacts of the proposed development during and after the implementation of the project; The terms of reference were done in accordance with the Environmental (Impact Assessment and Audit) Regulations, 2003. 1.2 EIA METHODOLOGY The following methodologies were used to deliver the project objectives: 1.2.1 Project brief A written brief was sent from the Chief Registrar of the Judiciary on Terms of Reference to enable the consultant understand the goals and expectations of the assignment. In addition, letters of introduction were issued to the consultants to obtain full cooperation with court officials on the ground and relevant stakeholders at the project sites. 1.2.2 Desk-based studies The purpose of the desk studies was to review the existing environmental and social information so as to identify additional baseline information required for the impact assessment in Ol Kalou. 1.2.3 Stakeholder engagement Interested and affected parties (in this case, court user committee in Ol Kalou) were engaged by direct invitation to participate in meetings. Feedback from the court was to be taken into consideration in the ESIA process. 1.2.4 Baseline Surveys and Studies: Baseline surveys and studies were undertaken to complement existing information as part of the ESIA scoping stage and included in this report. 1.2.5 Physical inspection and site visit A brief visit was made to the site for 1) site inspection 2) for the purpose of meeting County officials and court users in the neighbouring official county headquarters, interested and affected parties to participate in scooping meetings and 3) conduct a visual survey of the existing site. The purpose of this visit was also to determine if there were any limiting structures, ascertain the boundaries, soil types, existing vegetation such as trees, tree bushes on site and to take photographs. Survey questionnaires were prepared and handed over to over 30 members of the public for direct interviews. There were a total of 20 members of the public who responded in Ol Kalou. The respondents were mainly from the immediate vicinity and surrounding areas giving varying views. The twenty (20) sample responses are attached herewith in the appendix IIb. 2 1.2.6 Environmental and Social Impact Assessment process An Environmental and Social Impact Assessment entails determining the potential environmental and social impacts at the site visited, describing the activities that take place at the site before construction, during construction, and the nature of the types of impacts one would expect at the site given the planned developments 1.2.7 Environmental and Social Management Plan The Environmental and Social Management Plan was developed and included the development of a comprehensive ESIA management plan to capture all mitigation measures identified. The measures will be practically used by the architect in making the necessary improvements/ adjustments where necessary as part of the architectural design. 1.2.8 Submission of ESIA Project Report to NEMA for ESIA licensing. The purpose of submitting the reports to NEMA is so that they are reviewed for purposes of ascertaining and confirming that the mitigation measures prescribed in the report are adequate for the identified impacts so that an approval license may be issued. The follow-up with NEMA to the point a license is issued to the proponent is the responsibility of the consultant. 1.3 PROJECT OBJECTIVES The objectives of the ESIA Study are: (i) To identify and describe procedures and measures that will mitigate the predicted adverse impacts of the development proposals and measures that enhances the positive effects of the proposed activities. (ii) Develop an Environmental Management Plan for Ol Kalou Law Courts. (iii) To liaise with key interested and affected parties and relevant government departments on issues relating to the proposed development to ensure compliance with existing policies, guidelines, regulations (bye-laws) and accommodate public views. To get the necessary NEMA approvals. (iv) To identify and evaluate the environmental effects, which may be caused by the proposed developments. (v) To examine the environmental effects of site specific or alternative development proposals for the site. 3 1.4 Need for the project Ol Kalau Township does not have existing court facilities that can be used by members of the public. The nearest facilities within the county are situated as far away as Engineer Township and in Nyahururu town which is outside of Nyandarua County. Therefore this project is intended to address the needs of the residents of Ol Kalaou in particular and Nyandarua County in general, as they face challenges in obtaining access to justice, specifically access to the Law Courts. The project is being initiated and implemented through the Judicial Performance Improvement Project (JPIP) that will enable the Judiciary provide services to the people of Nyandarua in a more effective, efficient and accountable manner. When construction is completed, the courts are expected to improve the dispensation of justice and bring quality services closer to the people. They shall have modern facilities including IT services, spacious court rooms, registries, separate cells for men/women/juvenile, protected witness rooms, libraries, adequate chambers and offices, ramps for the physically challenged and many other modern facilities. It is for this reason that this next phase is predicated on the theme Sustaining Judiciary Transformation for Service Delivery. Therefore this Environmental Impact Assessment report has been undertaken to ensure that the proponent and the contractor meet the EMCA 2015 requirements for the proposed Law Courts at Ol Kalou 1.5 Scope and content of the project In identifying the scope and content of the project the consultant used a systematic approach, using stipulated project phases as listed below:- (1) Environmental scooping: Environmental scooping (ES) was undertaken to identify the important issues and to prepare the terms of reference. (2) Environmental screening: Environmental screening was done to decide if and at what level the EIA was to be applied. (3) Physical inspection of the site and surrounding areas: During this stage the EIA consultant physically went to view the site and take the necessary photographs (some are included in this document). The consultant was at the site to ascertain the actual situation in terms of available capacity at the current law courts, ascertain the actual boundaries, assess any limiting structures and confirm the soil types and existing natural vegetation. (4) Desktop studies and interviews: These were undertaken to extract essential data on the background of the project. (5) EIA public participation via the use of questionnaires: A questionnaire was prepared and handed over to members of the public for direct interviews. A total of 20 sampled responses from members of the public in the immediate vicinity and surrounding areas who responded by giving varying views. The twenty (20) responses are attached herewith in the appendix IIb. 4 1.6 Project Documentation In compliance with the Environmental Impact Management Coordination Act (EMCA) of 2015, and in line with other relevant environmental regulations, this report provides the following information:-  Project description and location  An environmental safety plan to ensure the health and safety of the workers and members of the public in the surrounding neighborhood.  The report details the potential environmental impacts of the project and mitigation at the project implementation and commissioning stage.  The anticipated physical, social and economic impact on the surrounding neighbours.  Project activities to be undertaken during the project construction, commissioning and operational stages.  An action plan for the management and prevention of environmental hazards, accidents, during the project construction stage.  The materials to be used, products and by-products including waste to be generated by the project. The section also details the preferred methods of materials disposal.  The cost estimate for this project (project budget). Plate 2: Construction site - existing sewerage line. Plate 3: Landscape of Project Site showing type of vegetation 5 2.0 PROJECT DESCRIPTION The proposed Law Courts development will involve building of eight (8) courtrooms and nine (9) Chambers, as shown in the architectural drawings provided (appendix 1). The courts will be complete with associated modern facilities such as, ICT, furniture, vehicle parking area, infrastructural facilities such as water storage facilities, security fencing, and other related infrastructure facilities as well as landscaping. Plate 4: View of construction site. - County Headquarters in background. 2.1 Project Design The court buildings have been designed to conform to requirements of the following:- • The Judiciary/ Environmental and Social Management Framework (ESMF) (2015) • Court Design Guidelines (first Issue July 2012) • Applicable Statutory Laws of Kenya • World Bank Environmental and Social Safeguards such as OP/BP 4.01 on environmental assessment whose policy objective is to ensure environment and social soundness as well as the sustainability of industrial projects • OP/BP 4.04 The World Bank safeguard concerning natural habitants whose policy objectives is to promote environmentally sustainable development by supporting the protection, conservation, maintenance and rehabilitation of natural habitats and their functions. • National Building Code and associated manuals • Functionality – Use of locally available materials to enhance sustainability and low maintenance • Easy of access for disabled persons e.g. provision of ramps • Security – Security of Judicial officers & staff has been enhanced by correct circulation and added security features • All other relevant local regulations, by-laws and approvals • The following principles were applied: • Modern construction practice – Embrace green methods of construction e.g. more natural lighting • Good aesthetics – People friendly structure that reflects the transformation of judiciary and importance of justice 6 2.1.1 Ground Floor Plan The ground floor of the new courts will have the following facilities; • Entrances-Public, Accused persons, Judicial Officers, • Public waiting bays • Parking • Huduma Centre (with traffic registry, civil registry and criminal registry counters) • Registries • Cells • Wash rooms for male and female 2.1.2 First Floor Plan The following facilities will be situated on the second floor  2 Court rooms – the court rooms will have an audio visual box, witness box and a prisoners box  Children’s court  Chambers  Banking hall  Offices  Exhibits room  Lactation room  Washrooms for Male and female 2.1.3 Second Floor Plan The second floor will have facilities such as;  2 Court rooms  Chambers  Advocates Lounge  Offices  Washrooms for male and female Other facilities will include a CCTV office, Telecom office, typing pool office, and supplies stores. 2.1.4 Third Floor Plan Facilities on the third floor will include;  2 Court rooms  Chambers  Library  Conference room  Offices( including Media room, witness room, interview room) 2.1.5 Fourth Floor Plan Amenities on the fourth floor will include the following;  2 Court rooms  Chambers  Judicial Lounge  Offices 7 3.0 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS The baseline data on environmental, socio-economic and biophysical Characteristics of the Ol Kalou site provides data for benchmarking for continued monitoring and assessment of the impact of the proposed construction of the Law Courts on the site environment and surrounding area. 3.1 Location of the Study The proposed project will be located in Ol Kalou, Nyandarua County. 3.2 Geology and soils The area is covered by Ol Kalou phonolites. There are also the tertiary volcanic rocks-olivene basalts and nepheline 3.3 Climate Nyandarua County covers an area of about 3,245sq km. It is located in the central part of Kenya bordering Laikipia County to the north, Nyeri County to the east, Kiambu County to the south and Nakuru County to the west. The climatic conditions of the area, such as rainfall, temperature and humidity, are determined by geographical features in the area, foremost among them the Aberdare ridges. The county’s landscape is inundated with steep slopes and mountains thus increasing susceptibility of the county to soil erosion and landslides especially during the rainy seasons. 3.3.1 Rainfall Rainfall in Nyandarua decreases as one move westward from the county’s eastern boarders. Areas close to the Abadare ranges receive high rainfall ranging between 1,000mm to 1,400mm per year, and decreases closer to the plateaus. The rainfall pattern is varied and falls in two peak seasons. Long rains start in March to May while short rains are received between September and December. 3.3.2 Temperature The County has moderate temperatures. The highest temperatures are recorded in the month of December, when the mean average is 21°C and the lowest temperatures are recorded in the month of July, with a mean average of 7.1°C. The area also experiences temperatures with adverse effects. The cold air that is generated during clear nights on the moorlands of the Nyandarua Ranges flows down the Kinangop Plateau and Ol kalou causing night frost. This tends to affect maize cultivation. The valleys west of the plateau occasionally provide outlets for the stream of cold air with temperatures ranging between 1.2°C to 10°C in the early mornings 3.3.3 Vegetation The proposed project site in Ol Kalaou lies in a savannah zone, characterized by scattered trees with expansive grass cover. In elevated areas within the county, tree cover increases forming thick forests with thick undergrowth. However, most of the natural vegetation has been cleared leading to environmental hazards such as environmental degradation which has claimed large portions of arable land. The county has a rich variety of species of both indigenous and exotic trees including Jacaranda (jacaranda minosofolia), Grevillea (Brachylaena huilenis), Acacia Cypress, and 8 Eucalyptus, among many others providing beautiful sceneries all over the county.. A collection of these trees is found in close proximity to the project site. The projects proponents – the Judiciary – will be required to replant any trees it may need to cut down to make way for the building but only with the approval of the Project Architect, the county governments department of environment and natural resources and the local NEMA office.,. However, it is being proposed that the projects proponent takes cognizance of the importance of tree cover and attempts to preserve as many of the trees as possible , particularly those within the projects plot. 3.4 Site Infrastructure 3.4.1 Utilities The following utilities are already in the site area: 3.4.2 Water and sewerage services. i) Water The main source of water to the site of the proposed Ol Kalau Law Courts will be the Ol Kalou Water and Sanitation Company. It is recommended that the contractor installs sufficient water storage tanks on site to prevent any future water shortages that could hinder construction progress in the future once construction starts ii) Sewerage services The site area is served by the Ol Kalou Water and Sanitation Company. The existing sewerage pipe in the area runs close to the intended project site. 3.4.3 Electricity The area in and around the project site is also well served by the one Kenya Power National grid. However, once the construction is complete, there will be need for a stand-by generator to provide electric power during instances of power shortage or loss. Plate 5: Electricity Supply lines to the Project Site 9 3.4.4 Solid Waste Management Services The proposed project is located within the municipality area and as such, there is available provision for waste collection by the county government. The proponent will also make arrangements with NEMA licensed waste handlers for the collection and safe disposal of waste from the facility. 3.4.5 Hydrology, Drainage and Ground Water Resources The hydrological drainage and groundwater attributes of the proposed site are above discussed. The project area is naturally drained by storm water drainage system. There is no significant drainage system the magnitude of a river in close proximity to the property under consideration. The neighborhood is moderately developed including Nyandarua County assembly and county commissioner’s offices therefore the storm water is able to drain naturally through run-off and infiltration into the soil. The proposed site is well aerated having red-volcanic soil which characterizes the area and encourages infiltration. 3.5 Transport and communication 3.5.1 Transport There is only one access route to the project site, a tertiary class access road that connects the proposed site to the main Nyahururu-Gilgil highway. The court station is located about 700m from the highway and 2 kilometers to Ol Kalou town. It is notable that the access route is well maintained and flat; meaning access during construction is unlikely to be a problem. 3.5.2 Communication The area has excellent network coverage by all the major telecommunication service providers, namely; Safaricom, Airtel and Orange. 3.5.3 Sensitive Receptors The current sensitive receptors in the vicinity of the construction site include the Ol Kalou County offices of the Governor and the county administration which will be affected by dust, movement of vehicles and noise. There will be efforts made by the contractor to mitigate against these environmental effects of the construction though compliance of established regulations and proposed mitigation measures (as shown in table 2 - Compliance to Relevant Legislation as well as in table 8 - Environmental Management Plan and Mitigation Measures) 10 3.6 Socio-economic conditions Employment and surrounding land use. 3.6.1 Demographic characteristics The 2009 population census put the county’s population at 596,268. The 2012 projected population based on a growth rate of 2.2% was 636,814, 680,342 by 2015 and 710, by 2017. The increase in the overall population calls for more investment in economic and social facilities, education, agriculture and health as well as creation of employment opportunities. The population employed was 30,918, which represented 9.3 %of the total labour force based on the 2009 census. The employed County labour force was projected to rise to 372,839 persons by 2017. The bulk of the labour force which is either unskilled or semi-skilled is engaged mainly in the agricultural sector. 3.6.2 Economic Activities and Employment It is estimated that about 75% of household income in Nyadarua comes from agriculture, 5% from rural self-employment, and 10% of the household income from urban-self employment. The average farm size for small-scale farmers in the County is 3.05 ha. Large-scale farmers have an average farm size of 100ha. The main food crops produced are maize, wheat, beans, peas, potatoes, cabbages, carrots, kale’s, onion and tomatoes. The main cash crops produced are wheat, pyrethrum, a nd cut flowers. The total acreage under food crops is 45,000ha while the employed population in the agricultural sector is more than 380,000 (72%). The County generally has 1 ranch, with an area covering of 300ha. 3.6.3 Labour force Ol Kalou is one of the five constituencies in Nyandarua. It serves as the county head quarters. Nyandarua County located west of Aberdare ranges and 40 km east of Nakuru. The area is predominantly an Agricultural zone. According to the Nyandarua County Integrated Development Plan 2013-2017, the county has a total labor force of 344,300 persons with 54.2% of this being male and 45.8% female. The number is however projected to be 378,999 in 2017. This labor force is engaged as wage earners, self-employed, in school or is unemployed. The bulk of this labor force is however semi- skilled and unskilled and are mainly engaged in agricultural practices. Therefore, majority of the unskilled, semi skilled and some of the skilled personnel will be locally sourced. The technical professionals such as the contractor and the project manager are likely to be sourced from outside the area. Therefore, they would require temporary camps on site to house the some of the skilled workers. The level of specialization in the building sector is limited in terms of capacity and numbers. In fact, the county has a limited number of experts in the built environment industry. This can be attributed to the high level of academic qualifications required for these professions. Skilled professionals to be included in this project will include the following;  Land Surveyor  Geographical Information System Analyst  Landscape Architect  Architect  Quantity Surveyor  Civil Engineer  Structural Engineer  Geotechnical Engineer etc 11 However, the vast majority of people involved in construction industry are the semi-skilled and unskilled labourers. The professionals are involved mainly in the inception and design stages of the project while the actual construction process is carried out by semi-skilled and unskilled labourers. Some of the skilled, semi- skilled and unskilled labourers that will be involved in this project include:  Project manager  Carpenters  Bricklayers, concrete finishers and masons  Carpenters  Electricians  Elevator constructors  Glaziers  Installers of floors (including terrazzo), carpeting  Installers of drywall and ceilings (including ceiling tile)  Insulation workers (mechanical and floor, ceiling and wall)  Iron and steel workers (reinforcement and structural)  Operating engineers (drivers of cranes and other heavy equipment maintenance workers)  Painters, plasterers and paperhangers  Plumbers and pipefitters  Roofers and shingles  Sheet metal workers  Welders As an agricultural zone, Nyandarua is experiencing a high rate of land subdivision. This is highly contributing to low productivity. Moreover, there is a high rate of urbanization particularly on the main roads leading to change of land use in the area. As a result, agricultural lands are significantly reducing. The issue of land subdivision should be regulated through the development of a policy to prevent the county from being a food insecure in the future. With the migrant labor being minimal, the foreseeable effects such as labor influx are negligible Plate 6: Road to proposed construction site for new Ol Kalou Law Courts. 12 3.6.4 HIV and AIDS The current HIV and AIDS average prevalence rate in Nyandarua County is estimated at 4.6 percent according to the Kenya Demographic and Health Survey. (KDHS, 2008-09). The Nyandarua average is comparatively lower than the national prevalence rate of 5.6 per cent with males at 4.3 percent and females at 8.0 percent. The main causes of the spread of HIV/AIDS in Nyandarua County include unsafe sexual behavior, drug abuse, especially drinking of illicit brews, peer pressure, mother to child transmission, among others. The main constraints in addressing the scourge include: delayed disbursement of funds for supportive supervision, inadequate operational funds for supervision for VCT counselors, shortage PMTCT counselors and ART service providers, shortage of female condoms, erratic supply of test kits and other tools (post rape, VCT client date booklets, facility referral tools (HBC)) lack of appropriate referral mechanism for clients and mechanism for defaulters tracing, lack of properly established home based care support system and stigma/discrimination is high in some pockets of the county. (First Nyandarua County Integrated Development Plan 2013-2017) It is against this backdrop that there will be need for an awareness campaign to focus attention on prevention of the spread of this disease among the contractor’s workers at the OlKalau site. There will be need for the DBS team to ensure that the contractor takes responsibility of focusing the HIV and AIDS awareness campaign on prevention of new infections, especially due to the possibility of skilled workers leaving there homes in different parts of Nyandarua and migrating to take up work on Olkalau site. The contractor will be encouraged to use available CHEWs (Community Health Extension Workers), CBOs, and the relevant government and county departments to play a leading role in the sensitization campaign and encourage behavioral change especially among the youth at the site. Behavioral change will include sensitization of the youth on the proper use of condoms, which shall be made available for free at the site to help them avoid indiscriminate and unprotected sexual activities. 3.6.5 Gender Inequality The largest proportion of the Nyandarua County population is in the rural areas with women constituting the majority. The main economic activity in Nyandarua County is agriculture where women particularly the youth form the majority of the on-farm work force. However, due to socio-cultural values, women in the rural areas generally own less than 1% of the total wealth. (First Nyandarua County Integrated Development Plan 2013-2017, P57) In an effort to uplift the status of the women, various intervention programs have been initiated such as involvement of women in all development committees, increased access to credit (Women Enterprise Fund and Kenya Women Finance Trust). However, because most of the land ownership is in the hands of men, the impact of the programs has not been felt by the majority of women as was planned thereby reducing access to credit by the larger women population.. (First Nyandarua County Integrated Development Plan 2013-2017, P57) It is against this backdrop of this gender parity that it will be important to address the issue of Gender inequality through efforts by the DBS of the Judiciary who will be expected to encourage the contractor to employ women at the site particularly the young women who may have the necessary skills. In order for the contractor to be able to successfully sensitize the workers on site, it will be crucial to acquire the services of NGOs, CBOs as well as the enlisting the support of the department of Gender and Children to sensitize against gender inequality and other vices such as sexual harassment at the work place. 13 4.0 POLICY, LEGAL, INSTITUTIONAL REGULATORY AND ADMINISTRATIVE FRAMEWORK This chapter briefly outlines the various policies and laws relevant to a project of this nature General Overview Both “Environmental and Social Impact Assessment” (ESIA) and the “Environmental Audit” (EA) exercises have received international recognition as vital tools for establishing, appraising and measuring both the merits and demerits of proposed and ongoing projects, plans, policies and programs the world over (Lohani, 1986). These techniques form key tools and instruments for ensuring sustainability of the projects when utilized during planning and management of the project activities and operations during decision-making. Hence they form major components towards enhancing conscientious environmental management and conservation (World Bank, 1993; World Bank; 1999; UNEP, 1998). This important benefit associated with the two has been identified worldwide as a key component in new project implementation, not excluding routine monitoring, review and evaluation to ensure sustainability and commitment to sustainable development in the project cycle/life-span (IFC, 1998). Locally, Kenya has established and gazetted various regulatory legislations and provisions that necessitate certain projects and development plans/programs to undergo either an Environmental Impacts Assessment (ESIA) or Environmental Audit (EA) in the course of the project initiation and implementation phases, depending on the projects status and type (Tole, 1997). ESIA is recommended for all new projects with the potential to pose environmental impacts/risks at the onset, while EA is for the ongoing projects, which have either undergone an environmental impacts assessment before or during inception, or those projects, which have been operating, and an Initial Environmental Evaluation (IEE) has been conducted (Ahmed and Sammy, 1985). Environment Assessment (EA) as a tool for environmental conservation has been identified worldwide as a key component in project implementation. Major international financial institutions including the World Bank, FAO, European Union, ADB, IFAD, UNDP and main donor agencies (SIDA, ODA, USAID etc.) have also adopted ESIA as one of their funding criteria. In this regard appropriate guidelines have been developed for ESIA executions on projects under their respective funding programs. At the national level, Kenya has put in place necessary legislation that requires ESIA/EA be carried out on every new and existing project. The Environmental Management and Coordination Act, 1999, (now amended in 2015) directed that the proponent of a project undertake an EIA/EA study and prepare a report thereof for presentation to the National Environmental Management Authority (NEMA). To facilitate these regulations on EIA and audits have also been established under the Kenya Gazette Supplement No. 56 of 13th June 2003 [The Environmental (Impact Assessment and Audit) Regulations, 2003]. Besides a number of other national policies and legal statutes, have been reviewed to enhance environmental sustainability in national development projects. Some of these policy and legal provisions are discussed in more details in the following sections. 14 4.1 Policy Framework 4.1.1 Policy Guidelines on Environment and Development Among the key objectives of the Policy Paper on Environment and Development (Sessional Paper No. 6 of 1999) are: - (i) To ensure that an independent environmental impact assessment/audit (EIA/EA) report is prepared for any industrial venture or other development before implementation. (ii) To come up with effluent treatment standards, that will conform to acceptable health standards. (iii) To ensure that from the onset, all development policies, programmes and projects take environmental considerations into account. Under this paper, broad categories of development issues have been covered that require sustainable approach. These issues include the waste management and human settlement. The policy recommends the need for enhanced re-use/recycling of residues including wastewater, use of low non-waste technologies, increased public awareness raising and appreciation of clean environment. It also encourages participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others. The overall goal of the sessional paper was to integrate environmental concerns into the national plans and management processes and provide guidelines for environmentally sustainable development. According to the Sessional paper, the government will endeavor to; a) Subject new and existing project and programmes to environmental monitoring and auditing; b) Establish a system of EIA audits, monitoring, evaluation, and appeal; c) Incorporate social and cultural values in EIA. d) Strengthen and develop environmental standards; e) Formulate comprehensive EIA guidelines, procedures, and legislation; f) Strengthen capacities in institutions and local communities with regard to EIA; and The Sessional paper on environment and development was thus the starting point in using EIA as a tool for appraising the suitability and sustainability of developments. According to this Sessional Paper, Kenya’s fundamental principles with respect to environmental conservation include: a) All the people have the right to benefit equally from the use of natural resources as well as an equal entitlement to a clean and healthy environment. b) Poverty reduction is an indispensable requirement for sustainable development. 15 c) The environment and its natural resources can meet the needs of present as well as those of future generations if used sustainably. d) Environmental protection is an integral part of sustainable development. e) Indigenous/traditional knowledge and skills are vital in environmental management and sustainable development. f) Sustainable development and higher quality of life can be achieved by reducing or eliminating unsustainable practices of production and consumption; and by promoting appropriate demographic policies. g) Endogenous capacity building is essential for development, adaptation, diffusion, and transfer of technologies for sustainable development. h) Effective public participation is enhanced by access to information concerning the environment and the opportunity to participate in decision-making processes. i) Access to judicial and administrative proceedings, including redress and remedy, is essential to environmental conservation and management. j) Public participation including women and youths is essential in proper environmental management. k) For sustainable management, the polluter pays principle should apply. l) Private sector participation in environmental management is essential for sustainable development. m) International co-operation and collaboration is essential in the management of environmental resources shared by two or more states. n) Effective measures should be taken to prevent any threats of damage to the environment, notwithstanding lack of full scientific certainty. o) Peace, security, development, and environmental protection are interdependent and indivisible. 4.1.2 National Environmental Action Plan (NEAP) According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from industrial, economic and social development programmes that disregarded environmental sustainability. Following on this, establishment of appropriate policies and legal guidelines as well as harmonization of the existing ones have been accomplished and/or are in the process of development. Under the NEAP process EIA/EA was introduced and among the key participants identified were the industrialists’ communities and local authorities. 4.1.3 The National Environmental Policy, 2013 The environment has been an essential feature of Kenya’s development trajectory. Yet, for many years, the country was lacking a comprehensive environment policy. Previously, most of the environmental imperatives were captured in various development plans. It was against this backdrop that the Ministry of Environment, Water and Natural Resources recognized the need to develop a comprehensive National Environment Policy. 16 This Policy proposes a broad range of measures and actions responding to key environmental issues and challenges. It seeks to provide the framework for an integrated approach to planning and sustainable management of natural resources in the country. It recognizes the various vulnerable ecosystems and proposes various policy measures not only to mainstream sound environmental management practices in all sectors of society throughout the country but also recommends strong institutional and governance measures to support the achievement of the desired objectives and goal. According to section 3.1, the objectives of this policy are to: (a) Promote and enhance cooperation, collaboration, synergy, partnerships and participation in the protection, conservation, sustainable management of the environment and natural resources. (b) Strengthen the legal and institutional framework for good governance, effective coordination and management of the environment and natural resources. (c) Ensure sustainable management of the environment and natural resources, such as unique terrestrial and aquatic ecosystems, for national economic growth and improved livelihoods. (d) Provide a framework for an integrated approach to planning and sustainable management of Kenya’s environment and natural resources. (e) Promote domestication, coordination and maximization of benefit from Strategic Multilateral Environmental Agreements (SMEAs). (f) Promote and support research and capacity development as well as use of innovative environmental management tools such as incentives, disincentives, total economic valuation, indicators of sustainable development, Strategic Environmental Assessments (SEAs), Environmental Social Impact Assessments (EIAs), Environmental Audits (EA) and Payment for Environmental Services (PES). (g) Ensure inclusion of cross-cutting and emerging issues such as poverty reduction, gender, disability, HIV&AIDS and other diseases in the management of the environment and natural resources. INSTITUTIONAL FRAMEWORK The proposed project is likely to be influenced by operational interest of various institution established under various statutes. Some key ones are mentioned below 4.1.4 National Environmental Management Authority After the enactment of the Environmental Management and Coordination Act 2015, the National Environmental Management Authority (NEMA) was set up as the regulatory body. It is required to coordinate, and harmonize various environmental management activities undertaken by different statutory entities under respective statutes. It will promote integration of environmental concerns and issues into various development plans, programs and projects. Under the National Environmental Council, NEMA will have core functions of:- o Formulating policies and directing purposes of the EMCA. o Setting national environmental goals. o Promoting public – private sector cooperation. o Setting up environmental standards. o Overseeing the compliance and enforcement of the requirements of EMCA 17 A. Department of Physical Planning The Department is governed under the Physical Planning Act. It will guide the project to obtain relevant approval structures and land use. During the life of the project it may require consulting this department for need like change of user or subdivision of land which may have significant impact on contiguous land or be in breach of any condition registered against a title deed in respect of such land. The project proponent has obtained various authorizations necessary under this department which are included in the appendices. B. Nyandarua County Council This is the arm of the Ministry of Local Government. The Nyandarua County Council is the focal point where various ministries are represented through the District Environment Committee. The Council also issues relevant business permits. It authorizes and oversees the development in the Municipal. It also manages the provision of essential utilities like water. The project proponent will obtained approval for its plans once the project is approved by NEMA. 4.1.5 The Judicial Service Commission The Judicial Service Commission is a government authority established by Article 171 of the Constitution. Part III section 13 of the Judicial Service Act confers powers and functions of the authority as below; (1) In addition to the powers of the Commission under Article 253 of the Constitution, the Commission shall have the power to. (a) Do or perform all such other things or acts necessary for the proper performance of its functions under the Constitution and this Act which may be lawfully done or performed by a body corporate. (b) Purchase or otherwise acquire, hold, charge and dispose of movable or immovable property; (c) Enter into contracts; (d) Borrow and lend money; (2) The Commission shall have all the necessary powers for the execution of its functions under the Constitution and this Act. (3) Members of the Commission shall be guided in the discharge of their responsibilities by the principles contained in the Constitution and in this Act. 4.1.6 The National Construction Authority (NCA) This Authority was created by the National Construction Authority Act of 2011. The functions of the NCA as specified in section 5 (2) of the Act are to: a) Assist in the exportation of construction services connected to the construction industry; provide consultancy and advisory services with respect to the construction industry; b) Advise and make recommendations to the minister for public works on matters affecting or connected with the construction industry; c) Promote and stimulate development, improvement and expansion of the construction industry; d) Encourage the standardization and improvement of construction techniques and materials; 18 e) Undertake or commission research into any matter relating to construction industry; f) Initiate and maintain a construction information system; g) Prescribe the qualifications or other attributes required for registration as a contractor under this act; h) Promote and ensure quality assurance in the construction industry; i) Provide, promote, review and coordinate training programmes organized by public and private accredited training centres for skilled construction workers and construction site employers; j) Do all other things that may be necessary for the better carrying out of its functions under the Act. k) Accredit and register contractors and regulate their professional undertakings; l) Develop and publish a code of conduct for the construction industry; and 4.1.7 The Directorate of Occupational Safety and Health Services This is the Government agency tasked with regulating safety and health services in Kenya. Developers must comply with DOSHS requirements including submission of architectural drawings for approval by DOSHS before undertaking the development and registration of all workplaces with DOSHS. LEGISLATIVE AND REGULATORY FRAMEWORK 4.1.8 National Policy on Water Resource Management and Development While the national Policy on Water Resources Management and Development (WRM&D) (1999) enhances systemic development of water facilities in all sectors for the promotion of country’s socio -economic development, it also recognizes the by-products as waste water. It therefore calls for development of appropriate sanitation systems to protect-people’s health and water resources from pollution. Development activities should therefore have waste management systems to handle the waste water and other waste emanating from therein. The policy requires that appropriate measures be undertaken to ensure environmental resources and people’s health in the immediate neighborhood and further downstream are not negatively impacted by project waste water and water bodies receiving waste water. 4.2 Legal Aspects The key national laws that govern the management of environmental resources in relation to this project – the construction of Law Courts - are briefly outlined below. They include: i) Environmental Management and Coordination Act (EMCA) (2015); ii) The Water Act (WA) (2000) iii) The Building Code (BC)(2000) iv) The Public Health Act (PHA) (Cap. 242) v) The Physical Planning Act (PLA) (Cap. 286) vi) The Trade Licensing Act (TLA) (Cap. 497) 19 4.2.1 Environmental Management and Coordination Act (2015) The Environmental management and Coordination Act (1999) were amended in 2015. The Environment Management and Coordination Act (states that every person in Kenya is entitled to a clean healthy environment and has duty to safeguard and enhance the environment. Part III Section 68 of the same, EMCA act requires operators of projects or undertakings to carry out EAs in order to determine level of conformance with statements made during EIAs or the initial EAs if the project was in operation before the Act came into force. Part IV Section 72 of the Act Prohibits discharging or applying poisonous toxic, noxious or obstruction matter, radioactive or any other pollutants into aquatic environment. Section 73 requires that operators of projects which discharges effluent or other pollutants to submit to NEMA accurate information about the quantity and quality of the effluent. Section 74 demands that all effluent generated from point of source are discharged into existing sewage system upon issuance of prescribed permit from local authorities. Section 87 sub-section 1 states that no person shall discharge or dispose of any wastes whether generated within or outside Kenya in such a manner as to cause pollution to the environment or ill health to any person. Section 90 through 100 outlines more regulations on management of hazardous and toxic substances including oils, chemicals and pesticides. 4.2.2 Physical Planning Act (Cap286) Section 29 empowers Local Authorities to reserve and maintain all planned land for open spaces, parks, urban forests and green belts. It also allows for prohibition or control of the use and development of land and buildings in the interest of proper and orderly development of the area. 4.2.3 The Water Act (Cap 2000) Section 75 of the act allows the licensees to construct and maintain drains, sewers and other works for intercepting, treating or disposing of any foul water arising or flowing upon land for preventing pollution of water sources within his/her jurisdiction. Section 76 states that no person shall discharge any liquid waste into sewers of a licensee without consent of licensee upon application indicating the nature and composition of the effluent, maximum quantity anticipated, flow rate of the effluent and any information deemed necessary. The consent shall be issued on conditions including payment of rates for the discharge. 20 Section 94 of the act makes it an offence to throw or convey or cause or permit to be thrown or conveyed any rubbish, dirt, refuse effluent, trade waste or other offensive or unwholesome matter of thing into or near to water resource in such a manner as to cause or likely to cause pollution of the water resource. 4.2.4 Building Code (2000) Section 194 requires that where a sewer exists, the occupants of the nearby premises shall apply to the local authority for permit to connect to the sewer line and that all waste water must be discharged in the sewers. The code also prohibits construction of structures or buildings on sewer lines. 4.2.5 The trade licensing Act (Cap 497) Section 5 of the Act makes it mandatory for all businesses to obtain trading licenses. 4.2.6 Public Health Act (Cap 242) Part IX Section 115 of the Act States that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires local Authorities to take all lawful, necessary and reasonable practicable measures to maintain areas under their jurisdiction clean and sanitary to prevent recurrence of nuisance or condition liable for injuries or dangerous to human health. Section 118 defines nuisance or conditions as waste pipes, sewers, drains or refuse pits situated or constructed as in the opinion of the medical officer of health to be offensive or injurious to public health. Any noxious matter or waste water flowing or discharged from any premises into a public street or into the gutter or side channel or water course, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other kinds of vermin. 4.3 Legislative and Regulatory Framework 4.3.1 The Environmental Management and Coordination Amendment Act, 2015 Act (EMCA 2015), EMCA of (1999) is an Act of Parliament amended in 2015, to provide for the establishment of an appropriate legal and institutional framework for the management of the environment. EMCA provides every person in Kenya with the right to a clean and healthy environment. The Act states that every person has the responsibility to protect and manage the environment. EMCA defines the role of Environmental Impact Assessment (EIA) as a tool to maintain environmental integrity. Under the Act, projects likely to impact negatively on the environment must be subjected to EIA. 21 The second schedule of the Act details the types of projects for which an EIA must be carried out. Among others, the following must be subjected to the EIA process: a) Transportation including construction of roads, railways, sea ports, pipelines and water transport; b) Any activity that is out of character with the surrounding; c) urban development including establishment of urban centers, cities, towns, industrial estates, shopping centers, commercial and residential areas; d) Aerial spraying; e) Any structure that is not in keeping with its surroundings; f) Dams, rivers and water diversions, water transport between different catchments and drilling for underground water, flood control and geothermal; g) Electrical infrastructure including generation stations, transmission lines, and substations; h) Agricultural activities such as large scale farming, monoculture and irrigation. i) Forestry related activities including timber harvesting, clearing of forest areas, afforestation and re-afforestation; j) Natural conservation areas including game reserves, buffer zones, wilderness areas, modification of forest management policies; 4.3.2 The Environmental (Impact Assessment and Audit) Regulations 2003 These regulations were made by the Minister for Environment and Natural Resources in June 2003 in exercise of the powers conferred by section 147 of the Environmental Management and Coordination Act. The regulations apply to all policies, plans, programmes, projects and activities in Part IV, V and the Second Schedule of the Act. According to section 4 (1) of these regulations, no proponent shall implement a project likely to have a negative environmental impact or for which an Environmental Impact Assessment is required under the Act or under these Regulations unless an EIA has been concluded and approved in accordance with these regulations. According to these regulations, no licensing authority under any law in force in Kenya shall issue a trading, commercial or development permit or license for any project for which an environmental impact assessment is required under the Act unless the applicant produces to the licensing authority a license of environmental impact assessment issued by the Authority (NEMA) under these regulations. Section 6 of these regulations state that an application for an EIA license shall be in the form of a project report in Form 1 set out in the First Schedule to these regulations, and the applicant shall submit the application together with the prescribed fee to the Authority or the Authority’s appointed agent in the District where the project is to be undertaken. Section 7 (2) states that in preparing a project report under this regulation, the proponent shall pay particular attention to the issues specified in the Second schedule to these regulations. Section (11) states that an environmental Impact Assessment study shall be conducted in accordance with the terms of reference developed during the scoping exercise by the proponent and approved by the Authority (NEMA). 22 Section 13 requires that an environmental impact assessment shall be carried out by a lead expert qualified in accordance with the criteria of listing experts specified in the second schedule of the Act. Section 17 (1) of the regulations state that during the process of conducting an environmental impact assessment study under these regulations, the proponent shall, in consultation with the Authority, seek views of persons who may be affected by the project. According to section 23 of these regulations, NEMA shall give its decision on an EIA study report within three months of receiving the report. Section (24) follows that where the Authority approves an EIA study report under regulation (23), it shall issue an EIA license in Form 3 set out in the First schedule to these regulations on such terms and conditions as it may deem necessary. Regulation (31) states that an environmental audit shall be undertaken for the following development activities which are likely to have adverse environmental impacts: (a) Ongoing projects commenced prior to coming into force of these regulations; or (b) New projects undertaken after completion of an environmental impact assessment study report Section 2 of regulation 31 states that an environmental audit shall, unless if it is a self-auditing study under regulation 34, be conducted by a qualified and authorized environmental auditor or environmental inspector who shall be an expert or a firm of experts registered in accordance with regulation 14. 4.3.3 The Environmental Management and Coordination (Waste Management) Regulations, 2006 These regulations were made by the Minister for Environment and Natural Resources on the 4th of September 2006 in exercise of the powers conferred by sections 92 and 147 of the Environmental Management and Coordination Act of 1999, and in consultation with relevant lead agencies. Under Regulation 4 (1), no person shall dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated public receptacle. Under Regulation 6, a waste generator shall segregate waste by separating hazardous waste from non-hazardous waste and shall dispose of such wastes in such facility as shall be provided by the relevant local authority. Under Regulation 14 (1), every trade or industrial undertaking shall install at its premises anti-pollution equipment for the treatment of waste emanating from such trade or industrial undertaking. Under Regulation 18, every generator of hazardous waste shall ensure that every container or package for storing such waste is labeled in easily legible characters, written in both English and Kiswahili. The label shall contain the following information: a) The normal storage stability and methods of storage; b) The identity of hazardous waste; c) The name and address of the generator of waste; 23 d) The net contents; e) The name and percentage of weight of active ingredients or half-life of radioactive material; f) Warning of or caution statements which may include any of the following as appropriate:- (i) The words “WARNING” or “CAUTION”; (ii) The word “POISON” (marked indelibly in red on a contrasting background); and (iii) The words “DANGER! KEEP AWAY FROM UNAUTHORIZED PERSONS”; and (iv) A pictogram of skull and crossbones g) A statement of first aid measures, including the antidote when waste is inhaled, ingested or dermal contact and a direction that a physician must be contacted immediately; The 4th schedule of these regulations lists categories of wastes that are considered hazardous. The 3rd schedule gives the standard for the treatment and disposal of wastes including classification for incinerators and the standards, guidelines, criteria and procedure for installing and operating incinerators. Under Regulation (5) (1), a waste generator shall minimize waste generated by adopting the following cleaner production methods: a) Improvement of the production processes through; (i) Conserving raw materials and energy; (ii) Eliminating the use of toxic raw materials; and (iii)Reducing toxic emissions and wastes b) Monitoring the product cycle from beginning to the end by: (i) Identifying and eliminating potential negative impacts of the product; (ii) Enabling the recovery and re-use of the product where possible; and (iii)Reclamation and recycling; and c) Incorporating environmental concerns into the design and disposal of the product. 4.3.4 The Public Health, CAP 242 Laws of Kenya This Act of Parliament commenced on 6th September 2001 to make provision for securing and maintaining health. According to section 118, the following shall be deemed nuisances liable to be dealt with in the manner provided in this part: a) Any well or other source of water supply or any cistern or other receptacle for water, whether public or private, the water from which is used or likely to be used by man for drinking or domestic purposes or in connection with the manufacture or preparation of any article of food intended for human consumption, which in the opinion of a medical officer of health is polluted or otherwise liable to render any such water injurious or dangerous to health; b) Any street, road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water tank, cistern, water closet, earth closet, privy, urinal, cesspool, soak away pit, septic tank, cesspit, soil pipe, waste pipe, drain, sewer, garbage receptacle, dustbin, dung pit, refuse pit, 24 slop tank, ash pit, or manure heap so foul or in such a state or situated or constructed as in the opinion of the medical officer of health as to be offensive or injurious or dangerous to health; c) Any vessel, and any railway carriage or any other conveyance in such a state or condition as to be injurious or dangerous to health; d) Any accumulation or deposit of refuse, offal, manure, or other matter whatsoever which is offensive or injurious to health; e) Any dwelling or premises or part thereof which is or are of such construction or in such state or so situated or so dirty or so verminous as to be, in the opinion of a medical officer of health, injurious or dangerous to health, or which is or are liable to favors the spread of any infectious disease; f) Any noxious matter or waste water, flowing or discharged from any premises wherever situated, into any public street, or into any nullah, or watercourse, irrigation channel or bed thereof not approved for the reception of such drainage; g) Any stable, cowshed or other building or premises used for keeping animals or birds, which is so constructed, situated, used or kept as to be offensive or which is injurious or dangerous to health; h) Any animal so kept as to be a nuisance or injurious to health; i) Any accumulation of stones, timber or other material if in the opinion of a medical officer of health is likely to harbor rats or vermin; j) Any premises in such a state or condition and any building so constructed as to be likely to harbor rats; k) Any dwelling or premises which is so overcrowded as to be injurious or dangerous to health of the inmates, or so dilapidated or defective in lighting or ventilation, or is not provided with sanitary accommodation to the satisfaction of the medical officer of health; l) Any public or other building which is so situated, constructed, used or kept as to be unsafe, injurious or dangerous to health; m) Any factory or trade premises not kept in a cleanly state and free from offensive smell arising from any privy, water closet, earth closet or urinal or not ventilated so as to render harmless and inoffensive as far as practicable any gases, vapors, dust or other impurities generated or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed therein; n) Any occupied dwelling or for a proper sufficient and wholesome water supply is not available within a reasonable distance as under the circumstances it is possible to obtain; o) Any chimney sending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to human health; p) Any factory or trade premises causing or giving rise to smells or effluvia which are offensive or which are injurious or dangerous to health; q) Any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any infectious, communicable or preventive disease or injury or danger to health; 25 r) Any act, omission, or thing which is, or may be, dangerous to life, or injurious to health. s) Any cemetery, burial place or place of sepulture so situated or so crowded or otherwise so conducted as to be offensive or dangerous to health; Section 116 of this Act empowers local authorities to maintain cleanliness and prevent nuisances. Part (x) provides for the protection of feedstuffs, including the construction and regulation of buildings used for the storage of feedstuffs. Section 128 prohibits the residing or sleeping in kitchens or feed stores. 4.3.5 The Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations According to Regulation 3.(1), except as otherwise provided in these Regulations, no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. According to regulation 3 (2), in determining whether noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered: -  Time of the day;  Proximity to residential area;  Whether the noise is recurrent, intermittent or constant;  The level and intensity of the noise;  Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and,  Whether the noise can be controlled without much effort or expense to the person making the noise. Under Regulation 4. (1) Except as otherwise provided in these Regulations, no person shall- (a) Make or cause to be made excessive vibrations that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment; (b) Cause to be made excessive vibrations that exceed 0.5 centimeters per second beyond any source, property boundary or 30 meters from any moving source. Under Regulation (5), no person shall make, continue or cause to be made or continued any noise in excess of the noise levels set in the First Schedule to these regulations, unless such noise is reasonably necessary to the preservation of life, health, safety or property. According to Regulation 8 (1) No person shall use or operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that, noise from the device- (a) Interferes with the comfort, repose, health or safety of members of the public; (b) Creates a risk thereof, within any building or, outside of a building, at a distance of 30 meters or more from the source of such sound; or 26 (c) Interferes with the conversation of members of the public who are 30 meters or more from the source of such sound. In accordance with Regulation 9 (1), any person in charge of a party or other social event that occurs on any private or public property shall ensure that the party or event does not produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 30 meters or more from the source of such sound. According to Regulation 10 (1) No person shall:- (a) Preach, tout, advertise, promote or sell anything; or (b) Engage in any commercial activity; in any manner so as to emit noise by shouting within a Central Business District of any town, a residential area, a silent zone, or any other area declared as a silent zone by NEMA; In line with Regulation 11 (1) any person wishing to- (a) operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device; or (b) engage in any commercial or industrial activity, that is likely to emit noise or excessive vibrations shall carry out the activity or activities within the relevant levels prescribed in the First Schedule to these Regulations. In accordance with Regulation 12 (1) no person shall operate a motor vehicle that (a) produces any loud and unusual sound; and (b) exceeds 84 dB (A) when accelerating. In addition, sub-Regulation (2) states that no person shall at any time sound the horn or other warning of a vehicle except when necessary to prevent an accident or an incident. Under Regulation 13 (1) except for the purposes specified in sub-Regulation (2) there under, during night time hours, no person shall operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to emit noise in excess of the permissible levels as set out in the Second Schedule to these Regulations. According to Regulation 16 (1) where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to emit noise, or excessive vibrations, or otherwise fail to comply with the provisions of these Regulations, such person shall apply for a license to the Authority. In accordance with Regulation 19 (1), no person shall carry out activities such as fireworks, demolitions, firing ranges and specific heavy industry without a valid permit issued by the Authority. Under Regulation (26), where there is continuous emission of noise or excessive vibration after the Environmental Inspector has issued an improvement notice, the Environmental Inspector may, with the approval of the Director General, and in consultation with the relevant lead agency, order the closure of an establishment or undertaking emitting such noise or excessive vibrations. According to Regulation (28), any person who contravenes any of the provisions of these 27 Regulations, for which no penalty is stipulated, commits an offence and is liable upon conviction, to a fine of not more than three hundred and fifty thousand shillings or to imprisonment for a term of not more than eighteen months or to both such fine and imprisonment. 4.3.6 The Occupational Safety and Health Act, 2007 This is an Act of parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. According to Section 3 (1), this legislation shall apply to all workplaces where any person is employed, whether permanently or temporarily. Under Section 3 (2), the purpose of this Act is to: - a) Secure the safety, health and welfare of persons at work; and b) Protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work. Among others this act requires in section 53, 54(1), and 54(2) that workers are provided with the necessary PPEs for work that requires this to be done. This Act also require that a First Aid Box should be on site in case of injury to the workers. Sanitary accommodation – This should be available for workers. The project proponent will provided the workers with helmets and other necessary Under Section 6 (1), every occupier shall ensure the safety, health and welfare at work of all persons working in his workplace. Under section 6 (3), every occupier shall carry out appropriate risk assessments in relation to the safety and health of persons employed, and on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all chemicals, machinery, equipment, tools, and process under the control of the occupier are safe and without risk to health and comply with the requirements of the safety and health provisions in this Act. Under 6 (4), every occupier shall send a copy of a report of risk assessment carried out under this section to the area occupational safety and health officer. According to Section 6 (6), it is the duty of every occupier to register his workplace unless such workplace is exempted from registration under this Act. Under section 7 (1) except in such cases as may be prescribed, it is the duty of every occupier to:- a) Prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and arrangements for the time being in force for carrying out that policy; and b) To bring the statement and any revision of it to the notice of all his employees. Under section 9 (1), every occupier shall establish a safety and health committee at the workplace in accordance with regulations prescribed by the minister if – (a) There are twenty or more persons employed at the workplace; or (b) The Director (of Occupational Safety and Health) directs the establishment of such committee at any other workplace. 28 Section 11 (1) states that the occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of 12 months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director of Occupational Safety and Health Services. According to Section 13 (1) (c), every employee shall at all times wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health. Under Section 16 (1), no person shall engage in any improper activity or behavior at the workplace which might create or constitute a hazard to that person or any other person. In accordance with Section 21, an employer or self-employed person shall notify the area occupational safety and health officer of any accident, dangerous occurrence or occupational poisoning which has occurred at the workplace. Where an accident in a workplace causes the death of a person therein, the employer or self-employed person shall – a) Inform the area occupational safety and health officer within 24 hours of the occurrence of the accident; and b) Send a written notice of the accident in the prescribed form to the area occupational safety and health officer within 7 days of occurrence of the accident. Under Section 22 (3), an occupier shall send a written notice of any disease specified in the second schedule of the Act occurring in the workplace to the Director. Under Section 47 (1), every workplace shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance. In accordance with section 52 (1), sufficient and suitable sanitary conveniences for the persons employed in the workplace shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences; and where persons of both sexes are or are intended to be employed (except in the case of workplaces where the only persons employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation for persons of each sex. Under section 78 (1), all stocks of highly inflammable substances shall be kept either in a fire resisting store or in a safe place outside any occupied building, provided that no such store shall be so situated as to endanger the means of escape from the workplace or from any other part thereof in the event of fire occurring in the store. Under Section 81 (1), in every workplace or workroom, there shall be – a) Provided and maintained, and conspicuously displayed and free from any obstruction so as to be readily accessible, means for extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case; and b) Present, persons trained in the correct use of such means of extinguishing fire during all working hours. 29 Under 81 (2), every workplace shall be provided with adequate means of escape, in case of fire, for persons employed therein, having regard to the circumstances of each case. Under 82 (1), every occupier of a workplace shall design evacuation procedures to be used during any emergency and have the procedures tested at regular intervals. Under Section 84 (3), every employer shall ensure the availability at the workplace of material safety data sheets for all chemicals and other hazardous substances in use at the premises of the employer, containing detailed essential information regarding the identity, supplier’s classification of hazards, safety precautions and emergency procedures. 4.3.7 The Judicial Service Act, No. 1 of 2011 This is an Act of Parliament to make provision for judicial services and administration of the judiciary; to make further provision with respect to the membership and structure of the Judicial Service Commission; the appointment and removal of judges and the discipline of other judicial officers and staff; to provide for the regulation of the Judiciary Fund and the establishment, powers and functions of the National Council on Administration of Justice, and for connected purposes. According to Section 3 under this Act, The object and purpose of this Act is to, among other things, ensure that the Commission and the Judiciary shall— (a) Facilitate a judicial process that is committed to the just resolution of disputes; (b) Be accountable to the people of Kenya; (c) Be the organs of management of judicial services and, in that behalf, shall uphold, sustain and facilitate a Judiciary that is independent, impartial and subject only to the provisions of the Constitution and the law; (d) Facilitate the conduct of a judicial process designed to render justice to all; (e) Facilitate a judicial process that is committed to the expeditious determination of disputes; (f) Support and sustain a judicial process that is committed to the protection of the people and of their human rights; (g) decision affecting a judicial officer of any rank or its own employee, by the rules of natural justice; (h) Apply modern technology in their operations. (i) Be the administrative manifestation of the Judiciary’s autonomy and inherent power to protect and regulate its own process, achieving these objects through application of principles set out in the Constitution and other laws; (j) Facilitate accessibility of judicial services to all Kenyans; (k) Promote and sustain fair procedures in its functioning and in the operations of the judicial process, and in particular, be guided in all cases in which it has the responsibility of taking a Facilitate the promotion of gender equity in the Judiciary and the protection of vulnerable children in the administration of justice; (l) Be guided in their internal affairs, and in the discharge of their mandates by considerations of social and gender equity and the need to remove any historical factors of discrimination; and 30 Section 4 of this Act stipulates the standards of service and states as below; In the exercise of the powers or the performance of the functions conferred by this Act, the Commission and the Judiciary shall, among other things— (a) Have the technical, infrastructural and administrative competence to ensure that the requirements of the judicial process are fulfilled; (b) Adopt quality service as a core principle and, to uphold this principle, the commission and the judiciary shall formulate a modern and constantly updated scheme of judicial and other training for all categories of judges, judicial officers and staff of the commission; (c) Be guided in their activities by the relevant provisions of the constitution; (d) Be non-partisan and non-political in orientation and operations; (e) Apply and promote such other positive values as the Commission may, by regulations, prescribe. (f) Promote and uphold honesty and integrity in its operations, and give fulfillment to all values essential for the discharge of judicial functions; and (g) Uphold the judicial service code of conduct and ethics as may, by regulations, be prescribed; 4.3.8 The Physical Planning Act Part V of this Act provides for control of development. This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of Government in order to remove uncertainty regarding the responsibility for regional planning. A key provision of the Act is the requirement for Environmental Impact Assessment (EIA). This legislation is relevant to the implementation and siting of sewerage plants in pilot urban centres as identified in the project document. Section 30 (1) of the Act requires that no person shall carry out development within the area of a local authority without a development permission granted by the local authority. It provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in a specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues. The Act calls for public participation in the preparation of plans and requires that in preparation of plans proper consideration be given to the potential for socio- economic development needs of the population, the existing planning and future transport needs, the physical factors which may influence orderly development in general and urbanization in particular, and the possible influence of future development upon natural environment. 31 4.3.9. THE WORLD BANK GUIDELINES – General Environmental Health and Safety (EHS) This section provides some details of the World Banks Guidelines which complement the guidance provided above in the preceding environmental and occupational health and safety sections. Some of the aspects are already specifically addressed especially project activities taking place outside of the traditional project boundaries. However, the issues addressed in these World Bank Guidelines may arise at any stage of the projects life cycle and can have an impact beyond the life of this project. Among the World Bank guidelines directly applicable and relevant in the Ol Kalou project include the following sections;- 3.1 Water Quality and Availability Groundwater and surface water represent essential sources of drinking and irrigation water in developing countries, particularly in rural areas where piped water supply may be limited or unavailable and where available resources are collected by the consumer with little or no treatment. Project activities involving wastewater discharges, water extraction, diversion or impoundment should prevent adverse impacts to the quality and availability of groundwater and surface water resources. 3.1.1 Water Quality Drinking water sources, whether public or private, should at all times be protected so that they meet or exceed applicable national acceptability standards or in their absence the current edition of WHO Guidelines for Drinking-Water Quality. Air emissions, wastewater effluents, oil and hazardous materials, and wastes should be managed according to the guidance provided in the respective sections of the General EHS Guidelines with the objective of protecting soil and water resources. Where the project includes the delivery of water to the community or to users of facility infrastructure (such as hotel hosts and hospital patients), where water may be used for drinking, cooking, washing, and bathing, water quality should comply with national acceptability standards or in their absence the current edition of with WHO Drinking Water Guidelines. Water quality for more sensitive well-being- related demands such as water used in health care facilities or food production may require more stringent, industry-specific guidelines or standards, as applicable. Any dependency factors associated with the deliver of water to the local community should be planned for and managed to ensure the sustainability of the water supply by involving the community in its management to minimize the dependency in the long-term. 3.1.2 Water Availability The potential effect of groundwater or surface water abstraction for project activities should be properly assessed through a combination of field testing and modeling techniques, accounting for seasonal variability and projected changes in demand in the project area. Project activities should not compromise the availability of water for personal hygiene needs and should take account of potential future increases in demand. The overall target should be the availability of 100 liters per person per day although lower levels may be used to meet basic health requirements.79 Water volume requirements for well-being-related demands such as water use in health care facilities may need to be higher. 32 3.2 Structural Safety of Project Infrastructure Hazards posed to the public while accessing project facilities may include: • Physical trauma associated with failure of building structures • Burns and smoke inhalation from fires • Injuries suffered as a consequence of falls or contact with heavy equipment • Respiratory distress from dust, fumes, or noxious odors • Exposure to hazardous materials Reduction of potential hazards is best accomplished during the design phase when the structural design, layout and site modifications can be adapted more easily. The following issues should be considered and incorporated as appropriate into the planning, siting, and design phases of a project: • Inclusion of buffer strips or other methods of physical separation around project sites to protect the public from major hazards associated with hazardous materials incidents or process failure, as well as nuisance issues related to noise, odors, or other emissions • Incorporation of siting and safety engineering criteria to prevent failures due to natural risks posed by earthquakes, tsunamis, wind, flooding, landslides and fire. To this end, all project structures should be designed in accordance with engineering and design criteria mandated by site-specific risks, including but not limited to seismic activity, slope stability, wind loading, and other dynamic loads • Application of locally regulated or internationally recognized building codes to ensure structures are designed and constructed in accordance with sound architectural and engineering practice, including aspects of fire prevention and response • Engineers and architects responsible for designing and constructing facilities, building, plants and other structures should certify the applicability and appropriateness of the structural criteria employed. International codes, such as those compiled by the International Code Council (ICC), are intended to regulate the design, construction, and maintenance of a built environment and contain detailed guidance on all aspects of building safety, encompassing methodology, best practices, and documenting compliance. Depending on the nature of a project, guidance provided in the ICC or comparable codes should be followed, as appropriate, with respect to: - Existing structures - Soils and foundations - Site grading - Structural design - Specific requirements based on intended use and occupancy - Accessibility and means of egress - Types of construction - Roof design and construction - Fire-resistant construction - Flood-resistant construction - Construction materials - Interior environment - Mechanical, plumbing and electrical systems - Elevators and conveying systems - Fire safety systems - Safeguards during construction - Encroachments into public right-of-way 33 3.3 Life and Fire Safety (L&FS) Applicability and Approach All new buildings accessible to the public should be designed, constructed, and operated in full compliance with local building codes, local fire department regulations, local legal/insurance requirements, and in accordance with an internationally accepted life and fire safety (L&FS) standard. The Life Safety Code82, which provides extensive documentation on life and fire safety provisions, is one example of an internationally accepted standard and may be used to document compliance with the Life and Fire Safety objectives outlined in these guidelines. With regard to these objectives:  Project sponsors’ architects and professional consulting engineers should demonstrate that affected buildings meet these life and fire safety objectives.  Life and fire safety systems and equipment should be designed and installed using appropriate prescriptive standards and/or performance based design, and sound engineering practices.  Life and fire safety design criteria for all existing buildings should incorporate all local building codes and fire department regulations. These guidelines apply to buildings that are accessible to the public. Examples of such buildings include: - Health and education facilities - Hotels, convention centers, and leisure facilities - Retail and commercial facilities - Airports, other public transport terminals, transfer facilities 3.3.1 Specific Requirements for New Buildings The nature and extent of life and fire safety systems required will depend on the building type, structure, construction, occupancy, and exposures. Sponsors should prepare a Life and Fire Safety Master Plan identifying major fire risks, applicable codes, standards and regulations, and mitigation measures. The Master Plan should be prepared by a suitably qualified professional, and adequately cover, but not be limited to, the issues addressed briefly in the following points. The suitably qualified professional selected to prepare the Master Plan is responsible for a detailed treatment of the following illustrative, and all other required, issues. 3.3.2 Fire Prevention Fire prevention addresses the identification of fire risks and ignition sources, and measures needed to limit fast fire and smoke development. These issues include: - Fuel load and control of combustibles - Ignition sources - Interior finish flame spread characteristics - Interior finish smoke production characteristics - Human acts, and housekeeping and maintenance 34 3.3.3 Means of Egress Means of Egress includes all design measures that facilitate a safe evacuation by residents and/or occupants in case of fire or other emergency, such as: - Clear, unimpeded escape routes - Accessibility to the impaired/handicapped - Marking and signing - Emergency lighting 3.3.4 Detection and Alarm Systems These systems encompass all measures, including communication and public address systems needed to detect a fire and alert: - Building staff - Emergency response teams - Occupants - Civil defense 3.3.5 Compartmentation Compartmentation involves all measures to prevent or slow the spread of fire and smoke, including: - Separations - Fire walls - Floors - Doors - Dampers - Smoke control systems 3.3.6 Fire Suppression and Control Fire suppression and control includes all automatic and manual fire protection installations, such as: - Automatic sprinkler systems - Manual portable extinguishers - Fire hose reels 3.3.7 Emergency Response Plan An Emergency Response Plan is a set of scenario–based procedures to assist staff and emergency response teams during real life emergency and training exercises. This chapter of the Fire and Life Safety Master Plan should include an assessment of local fire prevention and suppression capabilities. 3.3.8 Operation and Maintenance Operation and Maintenance involves preparing schedules for mandatory regular maintenance and testing of life and fire safety features to ensure that mechanical, electrical, and civil structures and systems are at all times in conformance with life and fire safety design criteria and required operational readiness. Also included in these guidelines are the following which do not necessarily affect the new construction directly at the time of construction, but in the long term do affect the project in its life cycle i.e.; - 35 3.3.9 L&FS Master Plan Review and Approval Specific Requirements for Existing Buildings Other Hazards  Facilities, buildings, plants, and structures should be situated to minimize potential risks from forces of nature (e.g. earthquakes, tsunamis, floods, windstorms, and fires from surrounding areas).  All such structures should be designed in accordance with the criteria mandated by situation-, climatic-, and geology specific location risks (e.g. seismic activity, wind loading, and other dynamic loads).  Structural engineers and architects responsible for facilities, buildings, plants and structures should certify the applicability and appropriateness of the design criteria employed.  National or regional building regulations typically contain fire safety codes and standards83 or these standards are found in separate Fire Codes. Generally, such codes and regulations incorporate further compliance requirements with respect to methodology, practice, testing, and other codes and standards86. Such nationally referenced material constitutes the acceptable fire life safety code.  Employee Participation: There should be a written plan of action regarding the implementation of active employee participation in the prevention of accidents.  Contractors: The plan should include procedures to ensure that: o The contractor is provided with safety performance procedures and safety and hazard information o Contractors observe safety practices o Verify that the contractor acts responsibly o The plan should also include additional procedures to ensure the contractors will: o Ensure appropriate training for their employees o Ensure their employees know process hazards and applicable emergency actions o Prepare and submit training records o Inform employees about the hazards presented by their work Training: Good training programs on operating procedures will provide the employees with the necessary information to understand how to operate safely and why safe operations are needed. The training program should include: o The list of employees to be trained o Specific training objectives o Mechanisms to achieve objectives (i.e. hands-on workshops, videos, etc.) o Means to determine the effectiveness of the training program o Training procedures for new hires and refresher programs 36 3.4 Disease Prevention Communicable Diseases Communicable diseases pose a significant public health threat worldwide. Health hazards typically associated with large development projects are those relating to poor sanitation and living conditions, sexual transmission and vector-borne infections. Communicable diseases of most concern during the construction phase due to labor mobility are sexually-transmitted diseases (STDs), such as HIV/AIDS. Recognizing that no single measure is likely to be effective in the long term, successful initiatives typically involve a combination of behavioral and environmental modifications. Recommended interventions at the project level include: • Providing surveillance and active screening and treatment of workers • Preventing illness among workers in local communities by: o Undertaking health awareness and education initiatives, for example, by implementing an information strategy to reinforce person-to-person counseling addressing systemic factors that can influence individual behavior as well as promoting individual protection, and protecting others from infection, by encouraging condom use o Training health workers in disease treatment o Conducting immunization programs for workers in local communities to improve health and guard against infection o Providing health services  Providing treatment through standard case management in on-site or community health care facilities. Ensuring ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers  Promoting collaboration with local authorities to enhance access of workers families and the community to public health services and promote immunization 3.4.1 Vector-Borne Diseases Reducing the impact of vector-borne disease on the long-term health of workers is best accomplished through implementation of diverse interventions aimed at eliminating the factors that lead to disease. Project sponsors, in close collaboration with community health authorities, can implement an integrated control strategy for mosquito and other arthropod-borne diseases that might involve:  Prevention of larval and adult propagation through sanitary improvements and elimination of breeding habitats close to human settlements  Elimination of unusable impounded water  Increase in water velocity in natural and artificial channels  Considering the application of residual insecticide to dormitory walls  Implementation of integrated vector control programs  Promoting use of repellents, clothing, netting, and other barriers to prevent insect bites  Use of chemoprophylaxis drugs by non-immune workers and collaborating with public health officials to help eradicate disease reservoirs 37  Monitoring and treatment of circulating and migrating populations to prevent disease reservoir spread  Collaboration and exchange of in-kind services with other control programs in the project area to maximize beneficial effects  Educating project personnel and area residents on risks, prevention, and available treatment  Monitoring communities during high-risk seasons to detect and treat cases  Distributing appropriate education materials  Following safety guidelines for the storage, transport, and distribution of pesticides to minimize the potential for misuse, spills, and accidental human exposure 3.5 Emergency Preparedness and Response An emergency is an unplanned event when a project operation loses control, or could lose control, of a situation that may result in risks to human health, property, or the environment, either within the facility or in the local community. Emergencies do not normally include safe work practices for frequent upsets or events that are covered by occupational health and safety. All projects should have an Emergency Preparedness and Response Plan that is commensurate with the risks of the facility and that includes the following basic elements: · Administration (policy, purpose, distribution, definitions, etc) · Organization of emergency areas (command centers, medical stations, etc) · Roles and responsibilities · Communication systems · Emergency response procedures · Emergency resources · Training and updating · Checklists (role and action list and equipment checklist) · Business Continuity and Contingency   Additional information is provided for key components of the emergency plan, as follows below. 3.5.1 Communication Systems Worker notification and communication Alarm bells, visual alarms, or other forms of communication should be used to reliably alert workers to an emergency. Related measures include:  Testing warning systems at least annually (fire alarms monthly), and more frequently if required by local regulations, equipment, or other considerations  Installing a back-up system for communications on-site with off-site resources, such as fire departments, in the event that normal communication methods may be inoperable during an emergency 38 3.5.2 Community Notification If a local community may be at risk from a potential emergency arising at the facility, the company should implement communication measures to alert the community, such as:  Audible alarms, such as fire bells or sirens  Fan out telephone call lists  Vehicle mounted speakers  Communicating details of the nature of the emergency  Communicating protection options (evacuation, quarantine)  Providing advice on selecting an appropriate protection option 3.5.3 Fire Services The company should consider the level of local firefighting capacity and whether equipment is available for use at the facility in the event of a major emergency or natural disaster. If insufficient capacity is available, fire fighting capacity should be acquired that may include pumps, water supplies, trucks, and training for personnel. 3.5.4 Medical Services The company should provide first aid attendants for the facility as well as medical equipment suitable for the personnel, type of operation, and the degree of treatment likely to be required prior to transportation to hospital. 3.5.5 Availability of Resources Appropriate measures for managing the availability of resources in case of an emergency include:  Maintaining a list of external equipment, personnel, facilities, funding, expert knowledge, and materials that may be required to respond to emergencies. The list should include personnel with specialized expertise for spill clean-up, flood control, engineering, water treatment, environmental science, etc., or any of the functions required to adequately respond to the identified emergency  Providing personnel who can readily call up resources, as required  Tracking and managing the costs associated with emergency resources  Considering the quantity, response time, capability, limitations, and cost of these resources, for both site-specific emergencies, and community or regional emergencies  Considering if external resources are unable to provide sufficient capacity during a regional emergency and whether additional resources may need to be maintained on-site Contact List  The company should develop a list of contact information for all internal and external resources and personnel. The list should include the name, description, location, and contact details (telephone, email) for each of the resources, and be maintained annually. 39 3.5.6 Training and Updating The emergency preparedness facilities and emergency response plans require maintenance, review, and updating to account for changes in equipment, personnel, and facilities. Training programs and practice exercises provide for testing systems to ensure an adequate level of emergency preparedness. Programs should: · Identify training needs based on the roles and responsibilities, capabilities and requirements of personnel in an emergency · Develop a training plan to address needs, particularly for firefighting, spill response, and evacuation · Conduct annual training, at least, and perhaps more frequent training when the response includes specialized equipment, procedures, or hazards, or when otherwise mandated · Provide training exercises to allow personnel the opportunity to test emergency preparedness, including: o Desk top exercises with only a few personnel, where the contact lists are tested and the facilities and communication assessed o Response exercises, typically involving drills that allow for testing of equipment and logistics o Debrief upon completion of a training exercise to assess what worked well and what aspects require improvement o Update the plan, as required, after each exercise. Elements of the plan subject to significant change (such as contact lists) should be replaced o Record training activities and the outcomes of the training 3.5.7 Business Continuity and Contingency Measures to address business continuity and contingency include: · Identifying replacement supplies or facilities to allow business continuity following an emergency. For example, alternate sources of water, electricity, and fuel are commonly sought. · Using redundant or duplicate supply systems as part of facility operations to increase the likelihood of business continuity. · Maintaining back-ups of critical information in a secure location to expedite the return to normal operations following an emergency. 4.3.10 WORLD BANK - SAFEGUARD POLICIES FOR RECONSTRUCTION PROJECTS The main objective of the World Bank policies is, first, to prevent and mitigate undue harm to people and their environment in the development process. Secondly Safeguard policies also provide a platform for the participation of stakeholders in project design and have been an important instrument for building a sense of ownership among local populations. Thirdly, the safeguards ensure that environmental and social issues are evaluated in decision making, help reduce and manage the risks associated with a project or program, and provide a mechanism for consultation and disclosure of information. The safeguards are listed below. 40 4.3.11 World Bank Environmental and Social Safeguards and Their Policy Objectives OP/BP Safeguard Policy objectives 4.01 Environmental Assessment* Help ensure the environmental and social soundness and sustainability of investment projects. Support integration of environmental and social aspects of projects in the decision- making process. 4.04 Natural Habitats* Promote environmentally sustainable development by supporting the protection, conservation, maintenance, and rehabilitation of natural habitats and their functions. 4.09 Pest Management Minimize and manage the environmental and health risks associated with pesticide use and promote and support safe, effective, and environmentally sound pest management. 4.11 Physical Cultural Resources (PCR)* Assist in preserving PCR and in avoiding their destruction or damage. PCR includes resources of archeological, paleontological, historical, architectural, religious (including graveyards and burial sites), aesthetic, or other cultural significance. 4.12 Involuntary Resettlement* Avoid or minimize involuntary resettlement and, where this is not feasible, assist displaced person sin improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 4.20 Indigenous Peoples* Design and implement projects in a way that fosters full respect for indigenous peoples’ dignity, human rights, and cultural uniqueness and so that they (1) receive culturally compatible social and economic benefits, and (2) do not suffer adverse effects during the development process. 4.36 Forests* Realize the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests. 4.37 Safety of Dams Ensure quality and safety in the design and construction of new dams and the rehabilitation of existing dams, and in carrying out activities that may be affected by an existing dam. 7.50 Projects on International Waterways Ensure that the international aspects of a project on an international waterway are dealt with at the earliest possible opportunity and that riparians are notified of the proposed project and its details. 7.60 Projects in Disputed Areas Ensure that other claimants to the disputed area have no objection to the project, or that the special circumstances of the case warrant the Bank’s support of the project notwithstanding any objection or lack of approval by the other claimants. In reference to the construction of the Ol Kalou courts, the relevant safeguards are OP/BP 4.01 and 4.04 41 4.3.12 The Land Act 2012 The Act shall apply to all land declared as:  Public land under Article 62 of the Constitution;  Private land under Article 64 of the Constitution; and  Community land under Article 63 of the Constitution and any other written law relating to community land. The guiding values and principles of land management and administration bind all State organs, State officers, public officers and all persons whenever any of them: a) Enacts, applies or interprets any provisions of this Act; and b) Makes or implements public policy decisions. In the discharge of their functions and exercise of their powers under this Act, the Commission and any State officer or public officer shall be guided by the following values and principles— a) Equitable access to land; b) Security of land rights; c) Sustainable and productive management of land resources; d) Transparent and cost effective administration of land; e) Conservation and protection of ecologically sensitive areas; f) Elimination of gender discrimination in law, customs and practices related to land and property in land; g) Encouragement of communities to settle land disputes through recognized local community initiatives; h) Participation, accountability and democratic decision making within communities, the i) Public and the government; j) Technical and financial sustainability; k) Affording equal opportunities to members of all ethnic groups; l) Non-discrimination and protection of the marginalized; and m) Democracy, inclusiveness and participation of the people; and n) Alternative dispute resolution mechanisms in land dispute handling and management. 42 The Act states that there shall be the following forms of land tenure: • Freehold; • Leasehold; • Such forms of partial interest as may be defined under this act and other law, including but not limited to easements; and • Customary land rights, where consistent with the Constitution There shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Title to land may be acquired through:- (a) Allocation; (b) Land adjudication process; (c) Compulsory acquisition; (d) Prescription; (e) Settlement programs; (f) Transmissions; (g) Transfers; (h) Long term leases exceeding twenty one years created out of private land; or (i) Any other manner prescribed in an Act of Parliament Plate 7: View of Ol Kalou town from proposed construction site showing close proximity to town. 43 Table 2 below summarizes the current status of the project’s compliance to local and relevant world Bank legislation. Parameter Established Regulations Compliance Remarks Regulator (Y/N) Site Location 1. The Physical planning Act Cap 286. Ministry of Yes The judiciary has taken • Land Subdivision Lands / possession of the land 2. The Registration of Titles Act Cap ministry of and the Title deeds of the 281 Devolution proposed project sites. • Title deeds • Lease Agreement Building Code 1. The Physical planning Act Cap 286 Nyandarua No Site plans designed by Judiciary 2. The Land Control Act Cap 302 County architects available. • Building and Development Control Rules Plan approval / certificate of occupation Health and 1.The Public Health Act Cap 242 Ministry of Yes and No Ensure that workers are provided Safety 2. Occupational, Health and Safety, Labour with PPE refer to EMP 2007 Ministry of First Aid box to be available and 3. Workman Compensation Act Health be well stocked throughout the 4. Nyandarua County (Department of construction phase in case of public Health) injury to workers. Wastewater 1. Environmental Management Ministry of Yes The area is supported by a sewer Coordination Act, 2015. Water/ system. 2. Effluent discharge permits from the ministry of local authority. Devolution 3. Ministry of water/Local Authority Standards of discharge into public Sewers and Natural Water bodies. Air 1. Environmental Management and Ministry of Yes It is not anticipated that the Coordination Act, 2015 Environment project will have any emission 2. Industrial Registration Act 1987 / NEMA however it is expected that dust Min. of will be generated during the Industry construction phase and mitigation measures will be put in place as per EMP. Noise 1. International Labor Organization Ministry of Noise emanates from machines Quality Standards. Environment Yes and No used for compacting and heavy 2. World Health Organization Quality / NEMA commercial vehicles that will be Standards used for transporting construction 3. EMCA,.2015 materials. Workers to be supplied with ear plugs. 44 5.0 ANTICIPATED PROJECT CONSTRUCTION ACTIVITIES The judiciary has selected an experienced construction company to construct the Ol Kalou law courts. The construction company is contractually bound to meet the Environmental, Health and Safety (EHS) requirements during construction and is responsible for ensuring compliance. So as to manage potential environmental impacts in the construction phase, as defined in the ESAP, an Environmental Management Plan (ESMP) has been prepared (ref. table 8). 5.1 Construction commencement Actual construction will commence once the necessary approvals have been given by World Bank and NEMA respectively. 5.2 Excavation and foundation works The construction site has well drained soils ranging from mixed dark brown sandy loam SOILS which will be excavated out to prepare the site for construction of foundations, roads, and parking space, pavements and drainage systems. This may involve the use of heavy earthmoving machinery. 5.3 Sourcing and transportation of building materials To reduce the negative impacts of transportation of the materials to the project site building materials will be procured from sites close to the construction site as possible using transport trucks. The building materials to be used for the construction of the project will be sourced from areas bordering Nyandarua. 5.4 Storage of materials Building materials will be stored on site. To avoid piling large quantities of materials on site, the contractor will order bulky materials such as sand, gravel and stones in bits. Materials such as cement, paints and glasses among others will be stored in temporary storage structures, which will be constructed within the project site for this purpose. Bulky materials such as rough stores, ballast sand and steel will be carefully piled on site. 5.5 Masonry, concrete work and related activities The construction of the building walls, foundations, floors, pavements, drainage systems, perimeter fence and parking area among other components of the project will involve a lot of masonry work and related activities. General masonry and related activities will include stone shaping, concrete mixing, plastering, slab construction, construction of foundations, and erection of building walls and curing of fresh concrete surfaces. These activities are known to be labour intensive and will be supplemented by machinery such as concrete mixers. 5.6 Structural steel works Structural steel works will involve steel cutting, welding and erection. All permanent buildings on site will be reinforced with structural steel for stability. 45 5.7 Roofing and sheet metal works Roofing activities will include fastening the roofing materials to the roof. The activities will also include sheet metal cutting, raising the roofing materials such and structural timber to the roof. 5.8 Electrical work Other activities on site involving the use of electricity will include welding and metal cutting. Electrical work during construction of the court will include installation of electrical tubing, electrical cables, lighting apparatus, and sockets among others. 5.9 Plumbing Pipe-work will be done to connect sewage from the premises to the existing sewer line in the area, and for drainage of storm water from the rooftop into a storm water drainage system. In addition, installation of pipe-work for plumbing activities will include metal and plastic cutting, the use of adhesives, metal grinding and wall drilling among others. 5.10 Infrastructure The project will have comprehensive infrastructure facilities. These will include access driveway road, parking areas, water storage, electricity distribution, waste disposal among others 5.11 Water Supply The plot is served by a water pipeline from Nyandarua Sewerage Water Company supply line and a water tank. The water will be used during construction and operational phases. There will also be underground water storage tank to increase water capacity at the project site to the required amount. No borehole drilling will be required. 5.12 Sewerage The sewage from the office block will be connected to the Nyandarua County sewer line which already serves the existing offices on the site. 5.13 Solid waste management The court complex will have access to a garbage storage area for easy storage and convenient of solid waste materials. The wastes will be protected from rain and scavenging, domestic animals such as dogs and cats. The waste will be collected by the Nyandarua County or a private waste management company and be composted, palletized or re-cycled. 5.14 Storm water run-off The complex will have to facilitate storm water collection. Storm water drainage will be run into the Nyandarua County open storm water drainpipes. Soil Water Pipes (SWP) will be provided at the heads of all drainage systems. All drains passing beneath buildings and driveways will be encased in 150mm concrete surround. 46 5.15 Security Within the compound there will be caretaker to facilitate in and out movement of people and also to ensure security operations around the compound. 5.16 Landscaping Local plant species will be used to landscape the site after construction. This will include establishment of flower gardens and grass lawns to improve the aesthetics of the site. 5.17 Health and safety measures Pre-construction phase During the pre-construction stage the temporary structures will be protected by provision of carbon dioxide/water fire extinguishers. Emergency lights and security will be installed appropriately. Post construction phase An automatic alarm system inclusive of lighting will be installed to cover the whole premises to take care of the security needs. 5.18 Description of the project’s operational activities There will be an office block on the project site once its construction is complete. An estimated population of about 200 people will be within the compound assuming each floor office unit will have about 50 occupants. Therefore there will be several ongoing office activities such as use of water for toilets washing floors, making tea among other office activities that will produce sanitary wastes. 5.19 Cleaning On completion of the construction, a management company will be contracted by the house owners to do the regular cleaning and washing of floors pavements and roads within the compound. Cleaning operations will involve the use of substantial amounts of water, disinfectants and detergents. 5.20 General repairs and maintenance of common grounded external work. A management company will be contracted to repair and maintain regularly the common facilities during the operational phase of the project. Such activities will include repair of external walls, road, repairs and maintenance of electrical street lighting, repairs of leaking water pipes, maintenance of external flower gardens and grass lawns, among others and sewer line drainage system, respectively. 47 5.21 Specific Project Activities Anticipated project activities that will be undertaken during the construction period will include the following;  Site hording as required by the by laws.  Relocation of electrical underground power lines and cables where applicable.  Erection of foundation walls  Construction of structures as per the architectural design to the structural engineers details  Setting up external structures including an incinerator, fowl and storm water drainage, fountain and rain water harvesting structure  Electrical works that involve light fitting installation of light switches meter board and wiring.  Fittings and finishes including floor finishes on all floors grill works, store, walls, ceiling, painting and plumping  Connections to utilities including Kenya power mains and connections to water supply  Paving and landscaping as per project design  Furnishing all rooms within the building in readiness for use  Acquisition of an occupation certificate from the relevant authority  Commissioning of the project for judicial service commission  Landscaping the grounds. Excavations to remove top soils, vegetation back filling and compacting after setting foundation trenches.  Disposal of excavated debris and landscaping around the excavated areas 5.22 Activities at the operational stage The expected activities during the operational stage will include the following  Routine maintenance works  Waste management activities such as cleaning of the inside and outside of the building for waste collection and disposal.  Maintaining the landscaped gardens  Administrative activities including archiving and shelving of court documentation  Judicial proceedings that will include day to day court hearings, presentations of exhibits during the court hearings prosecution of cases  Temporary holding of suspects including male and female as well as juvenile in separate cells that will have been constructed for them  Provision of security services in and out of the facility and especially the main entrance to the compound and main entrance to the building  Research by lawyers and legal assistant in the library and registries 48 5.23 Project Inputs 5.23.1 Inputs at the construction stage Expected project construction requirements at the construction stage will include:  Cement and Ballast  Building sand and murram  Water  Building blocks and natural stones  Fuels such as diesel and petrol  Metal including high tensile bars, wire mesh  PVC pipes metal frames, pipes and steel bars  Wood- mahogany hardwood/cypress  Roofing sheets  Polythene sheets and plastic sheets  Glass and plastic  Ceramic floor tiles  Silk vinyl paint, gloss oil paint  Plants for landscaping 5.23.2 Inputs at operation and maintenance phase The input at operation and maintenance phase include: -  Water  Energy (electricity and diesel)  Office electrical appliances including telephones, computers, television set, fridges  In-house equipment including tables, chairs office stationary.  Cleaning materials  Repair and maintenance materials including; sheets, roofing tiles, pipes, plastics, glass and other normal domestic repair and maintenance materials 5.24 Project Outputs, By-products and wastes The project outputs will be the proposed Judiciary facilities as per the project design. The by- products and wastes to be generated from the development at various stages of the project cycle that my impact the environment: i) Demolition rubble that will need proper disposal with priority on salvaging or re-use ii) Soil and gravel from digging of foundations and substructures iii) Noise and dust from construction activities and delivery of material to the site iv) Left over construction materials v) Human waste vi) Wastewater from washrooms vii) Solid waste from offices, courtrooms, library and other facilities viii) Waste exhibit materials including fluids 49 6.0 IDENTIFICATION, ANALYSIS AND APPRAISAL OF IMPACTS 6.1 Identification of Impacts In order to accurately identify the environmental impacts the following environmental issues were considered relevant and important for the coverage as per the “Terms of Reference” for this study: 6.1.1 Physical Environment  Water quality aspects for both surface water sources like piped water, storm water, and other related aspects  Soil conditions, soil contamination and landscape alterations/degradation (based on  Aesthetic aspects) associated with the proposed project.  Drainage patterns especially in relation to wastewater effluents, oil spillages from vehicles used in the construction, channeled into the drainage and ditches.  Air quality aspects especially atmospheric emissions and related discharges from  Machinery like diesel run equipment, plant and other equipment to be used in the construction, among others.  Noise and vibration (sonic factors) from the machinery and human activities such as hammering, and other similar noises where applicable. 6.1.2 Natural Environment  Natural flora, tree cover and the local ecosystem (i.e. effects to natural plants and small animals such as bird life where applicable).  Steams, pollution indicators, impacts on water flow user interference and contamination.  Topography: effects on soil and landscape. 6.1.3 Economic, Cultural Environment and social welfare  Determination of implications on the human society in the area distribution,  Settlement patterns, changes to the cultural lifestyle where applicable.  Notable changes in land use systems and the general land utilization.  Implications on the employees, visitor, public health aspects, safety and related  Hazards/risks such as HIV/AIDS, sanitary facilities, etc.  Aesthetic, landscape alterations and changes to infrastructural facilities, among others.  Effects associated with the construction and operation activities and related handling and disposal of wastes generated during the operations.  Effects associated with income generation opportunities created by the project due to the upcoming operations.  Introduction of nuisances, such as pests and related multiplication breeding sites 50 6.2 Impacts identified 6.2.1 Positive impacts of the project The implementation of the project will have various impacts both positive and negative on the environment. This chapter focuses on identifying the possible potential impacts that will result from the proposed development at each stage i.e. construction, operational and the decommissioning stages. The three main overall positive impacts identified for this project are - (1) Job creation (2) Revenue generation (3) Eco-friendly designs. ii) Job creation At the design stage, the major positive impact is the creation of jobs for the various project consultants while at the construction stage the positive impact is the creation of jobs for both the skilled and semi-skilled workers. There was no identified negative impact established at this stage. iii) Source of local authority revenue The County Government of Nyandarua will benefit from fees charged on building plans submission for approval. Once project is complete, the Nyandarua County will benefit from revenue derived from payments for the occupational certificate. iv) Inclusion of Eco-friendly plans in the project design The project lay out phase is not only important for the consideration of the necessary facilities to be set up, but is also a distinct stage of incorporating eco-friendly measures for resource conservation and waste management. It is recommended for example that the architect avoids cutting of trees where possible and incorporates trees in the design of the building. Furthermore it is being recommended that the architect incorporates large widows to allow for more natural lighting and eliminate the use of electricity for additional lighting during the daytime. 6.3 Impacts during Construction Stage This section details the anticipated positive and negative Economic, Social and environmental impacts of the construction activities. 6.3.1 Economic, Social and Environmental Impacts Positive environmental impacts will include following:- i) Employment opportunities The proposed project will lead to the generation of employment opportunities both directly and indirectly. Direct employment will be created in the construction stage during excavation, construction of buildings, in site roads and parking boys, landscaping and related activities such as in transportation and procurement of construction materials. Indirect employment will be through those businesses and individuals providing goods and services to the people involved in the construction. 51 ii) Provision of market for Building Materials The project will require supply of large quantities of building materials most of which will be sourced locally in and around Ol Kalou. This will provide a ready market for building materials. Suppliers such as quarrying companies as far as Nakuru and Nyeri for query stone, hardware shops, timber merchant and individuals with required materials for development of the law court within the county and beyond will find market for their products. iii) Creation of business opportunities 1) The project will employ about 60 workers both skilled and semi-skilled on a casual basis. This is expected to go on for 12 months. 2) Throughout the timeline of the construction phase which is set for a period of about one year. 3) These workers will include those of semiskilled, unskilled and skilled labourers for steel works where applicable; 4) Erection, carpentry, and masonsonary work. Local hardware suppliers will also benefit from selling materials to the contractor; 5) Other locals who will benefit from this project are kiosk owners; 6) Suppliers of food and other necessities to the labourers. 7) Suppliers of furnishing materials for the rooms. 8) It is very unlikely however for the in-migrant workers to bring their families during the construction phase. 9) The proponent intends to construct temporary shelters for a small number of the in-bound migrant skilled workers during the construction. However these are not likely to come with their families. 10) The landlords in the proposed project area will benefit from increased tenancy due to increase in accommodation demand from the in-migration workers. 11) Therefore the project will also lead to improvement in businesses of those already operating in the area. iv) Improvement of security in the locality and its neighborhood During and after construction, security will be provided to ensure adequate services are provided. Controlled access, installation of CCTV cameras on-site and supervision of the general work will enable appropriate security in the locality. Furthermore, being multi-project that calls for an all-round security detail, the neighbourhood will be well secured during the phase. v) Improved land utilization It is expected that development of proposed site will lead to better utilization of land. The proposed development of construction of law courts will lead to more economical utilization of land. This is more so considering scarcity of land for office development close to the town centre. 52 6.3.2 Negative Impacts i) Pollution (a) Dust: During construction, the project will generate substantial quantities of dust at the construction site and its surrounding area during excavation. The sources of dust will also include leveling works and transport vehicles delivering building materials. Emission of large quantities of dust may lead to significant negative impacts on the workers and the local residents such as repertory illnesses. However, as much as possible, in order to mitigate these negative effects, the excavation and leveling will be done under controlled conditions which will include watering and screening. Personnel involved will be issued with dust masks to avoid inhalation of the same while the building under construction will be covered with adequate screens to contain dust. (b) Noise Pollution: The construction works, delivery of building materials by heavy trucks and the use of machines/equipment such as bulldozers, generators, metal grinders and concrete mixers and compacting machines will contribute to high levels of noise within the construction site and the surrounding area. Elevated noise levels will affect project workers, the nearby residents, passers-by and other persons within the vicinity of the project site. Site workers will therefore be provided with ear plugs when operating these machines. Where possible and applicable, the building under construction should also be covered with noise barriers. ii) Soil erosion Excavation of the soil for foundation and landscaping could result in disturbance of soil structure and thus may cause an increase in soil erosion at the project site and release of sediments into the drainage systems. Uncontrolled soil erosion can have adverse effects on local drainage as well as water bodies where the water eventually flows. iii) Interruption of existing logistics and services The proposed construction of the new facilities will result to disruption in the day to day activities of the judiciary in the current buildings neighbouring the site. As a result, service delivery will be impaired. In addition, demolition of existing facilities will temporarily impair access to such services during this phase. The neighbourhood services might also be interfered with due to traffic use via the access road by the large trucks delivering building materials/workers/water and carrying away solid wastes. Neighbourhood services will also be interrupted due to noise and new workers onsite prompting extra security measures. Lastly, relocation of power poles and lines and new installations of electricity during the last stages might result to power interruptions in the neighbourhood. iv) Solid waste Generation Some solid waste will be generated during excavation of the site for foundation works and landscaping. The wastes will consist of metal cuttings, rejected materials, surplus materials, used oil, excavated soil, paper bags, empty cartons, empty paint and solvent containers, broker glass etc. Such waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies, and negative impacts on human and animal health. Some of the waste materials may contain hazardous substances such as paints, cement, adhesive and cleaning solvents while some of the waste materials may contain metal cuttings and plastic containers which are not biodegradable and can have long-term and cumulative effects on the environment. 53 v) Fuel Consumption The project activities will lead to an increase in consumption of fossil fuels manly diesel to run transport vehicles and construction machinery and cars for construction management staff and consultants. These are non-renewable resources and should be used economically and efficiently. vi) Water Use The construction activities will require large quantities of water that will be supplied by the Nyandarua Water and Sewage Company. Water will be mainly used for concrete mixing and curing, sanitary and washing purposes. Excessive water use may negatively affect the supply to neighbouring estates. vii) Risk of Accidents and Injuries to workers Occupational, Health and safety risks Accidents which could result from falling objects, falling from heights, cuts, Fire and using plans. Which are not adequate? During the construction phase, construction activities such as erection and fastening of roofing materials, metal grinding and cutting, concrete work, steel erection and welding are likely to expose workers to risks of accidents from falling objects from high elevations, accidental falls from heights, accidents from the use of bad and fatly tooling equipment. Cuts from sharp edges of metal sheets and even fires. These may cause serious injuries and sometimes even death. viii) Negative effects of extraction and of building materials The bulk of the construction materials such as rough stone hard core, ballast, sand and cement required for the construction of the materials will be obtained from quarries as far as Tumaini, Dondori, Nakuru, and rivers in the Nyandarua and Nyeri areas. Since substantial quantities of materials will be required for construction of buildings, and roads the availability and sustainability of such resources at the extraction sites will be negatively affected as they are not renewable in the short term. The sites from which the materials are extracted may be significantly affected in several ways including changes in landscape, displacement of animals and vegetation, poor visual quality and opening of depressions on the surface heading to several human and animal health impacts. ix) Vegetation and Tree cutting There are no trees on the site. The site comprises grassy plains with a few bushes along its border. x) Security Concerns The influx of strangers at the facility during construction for provision of skilled and unskilled labor could raise security concerns to the surrounding residents. In addition, the workers should be provided with security for their own safety. 54 6.4 Operational Stage 6.4.1 Positive impacts i. An improved facility capable of better service provision The proposed project will result in a building with sufficient capacity to accommodate the increased county judicial needs including a larger population, courtrooms for proceedings, offices, research and other functions. Increased demand for better services due to the introduced county system calls for modern, up to date and efficient judicial services which have to be brought closer to the people. The court will therefore have the necessary capacity in terms of infrastructure and staff to cater for such needs. Services will improve in terms of the following areas:  Ability to support a wide range of professionals including lawyers, prosecutors, senior magistrates in a much comfortable environment  A technologically enhanced infrastructure for more efficient data storage and communication.  Ability to enable and enhance research within the court library  An infrastructure that is able to support both the abled and disabled  Improved cells to cater for different categories of suspects including male, female and juveniles  Expanded conference areas to facilitate judicial meetings  Capacity to handle more than 4 court proceedings at a scheduled time ii. Employment Creation Employment will be created at the project site as security personnel, cleaners and gardeners of the common areas in the law courts will be required. iii. Revenue to local and national Government The development will provide revenue to both local and National Governments through payment of relevant taxes, rates and other levies. v) Improvements in security The occupation of the law courts and the employment of 24-hour security officers for the court will improve security in the area. Once complete, the proposed development will help in lighting up the area through the use of street lights and lighting from the surrounding neighborhood. This will help in increasing security around that area. Also security personnel at the site will help in making the area more secure. vi) Optimum utility of land The proposed court building will lead to optimal utility of land. vii) Improved aesthetics A well designed building will enhance the aesthetic features of the compound and the area in general. The landscaping which will include more tree planting will improve the area aesthetics. 55 6.4.2 Negative impacts i) Increase in traffic There will be marginal increase in traffic at the operation and maintenance phase of the project since the improved court infrastructure will have a broadened public and staff capacity. ii) Energy Consumption There will be increased demand for electrical energy and other sources of energy for court use including lighting, cooking, running of fridges and pumping water into the tanks amongst other uses. ii) Solid waste generation The project is expected to generate solid waste during the operational phase. The bulk of the solid generated during the operational phase of the project will consist of solid waste generated in the law courts which will include paper, plastic, glass, metal, textile and organic-wastes. Solid waste will also be generated in the open area from cut grass and leaves from planted trees. Some of the wastes can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. Some of the waste materials especially the plastic/polythene are not biodegradable and may cause long-term injurious effects to the environment. iii) Increased water consumption Water will be used for activities like drinking, washing, cleaning, aesthetics and watering plants. This will increase demand for water in the area, yet water is a scarce resource in the county. iv) Generation of noise There will be generation of noise during court breaks or when awaiting sessions by people and when the generator is powered on during power breaks. v) Sanitation The project will lead to increased demand for sanitation and disposal by the new occupants of the law court. vi) Generation of waste water Operational activities such as cleaning and use of washrooms, offices and courtrooms will generate wastewater. This can potentially pollute the environment and present a public health hazard if not well managed. The waste liquid exhibits, mainly illicit liquor will also potentially pollute the environment if not well disposed off. vii) Increased Storm Water Flow The building roofs and pavements will lead to increased storm water entering the drainage systems, resulting in overflow and damage to such systems if the current capacity is not adequate in addition to increased erosion or water logging in the neighbouring areas. 6.5 Statement of impact This EIA has found that there are no significant negative environmental or socio-economic impacts from the proposed construction of law courts at Nyandarua. The proposed development has immense positive impacts. The identified impacts can be well mitigated if the proposed environmental management plan at the end of this document is fully implemented. 56 7.0 PUBLIC PARTICIPATION 7.1 Introduction Public participation involves engaging members of the public to express their views about a certain project. Public participation tries to ensure that due consideration will be given to public values, concerns and preferences when decisions are made. Public participation in this project was facilitated through interviews with the project proponent and neighbors of the facility. There was no objection to the proposed project by any member of the public in the neighboring community. Most of those interviewed welcomed the development of this project in the area. A list of the participants’ comments, occupation, contacts and signatures has been appended in this report (appendix IIa). Most EIA processes are undertaken through consultation rather than participation. At a minimum, public involvement must provide an opportunity for those directly affected by a proposal to express their views regarding the proposal and its environmental and social impacts. The purpose of public involvement is to:  Take account of the information and views of the public in the EIA, design and decision making.  Canvass their inputs, views and concerns; and  Inform the stakeholders about the proposal and its likely effects; The key objectives of public involvement are to:  Provide an opportunity for the public to influence project design in a positive manner (thereby creating a sense of ownership of the proposal);  Obtain local and traditional knowledge that may be useful for decision-making;  Increase public confidence in the EIA process.  Facilitate consideration of alternatives, mitigation measures and tradeoffs;  Improve transparency and accountability of decision-making; and  Ensure that important impacts are not overlooked and benefits are maximized;  Reduce conflict through the early identification of contentious issues; A total of 20 people living and working in the surrounding neighborhood were interviewed for the project EIA over a 2 day period. Cross sections of people were interviewed who included employees of formal and informal sectors, self-employed, domestic workers, etc. (See Appendix II – for list of people interviewed). 57 7.2 Impacts Identified by Respondents The following is a summary of the impacts identified through both the public and court users’ participation. 7.2.1 Positive Impacts: i) Approval for the development The proposed law court complex development at the site was well received by the local community with the majority of those interviewed expressing support for the development. i) Creation of Employment The majority of the respondents felt the construction of new courts would lead to employment creation in the area directly for both the skilled and unskilled workers and indirectly through provision of goods and services to those employed in the construction and supporting activities of the project. ii) Better utilization of land The proposed development will lead to better utilization of land. Currently on the proposed site for construction is an underutilized with only a dilapidated building on one side of the plot. iii) Improvement in Business Environment The development and occupation of Law court complex will lead to improvement of businesses in the area such as shops, kiosks, eating houses, medical clinics, supermarkets etc. iv) Improvement in security The development will lead to improvement of security in the area given that the building will be well guarded by the administration police and other arms of the governments’ security machinery. 7.2.2 The Negative Impacts: The possible negative impacts mentioned during the public participation include: i) Noise and Dust Pollution This will be caused by the large vehicles bringing construction materials and those taking away the excavated soils. There will be noise and dust pollution during the excavation and construction stages of the law court complex. ii) Strained Provision of water Some of those interviewed expressed fear the new developments in the area would strain provision of water leading to more shortages especially at a time when water shortages are being experienced. 58 8.0 ANALYSIS OF ALTERNATIVES 8.1 Project Alternatives 8.1 The Proposed Development Alternative Under the proposed Development Alternative, the project would create additional employment directly for the local population in and around Ol Kalou town and indirectly for the Nyandarua county population. This alternative has the potential of providing at least 60 jobs directly for the skilled and semi-skilled workers during construction. Both the local county government and national government will earn taxes while the business community will earn income from goods and services provided to both the skilled and semi- skilled staff on site during the construction stage. On completion of construction, jobs would be generated especially for the permanent support staff such as cleaners, messengarial staff, drivers, maintenance staff and many other administrative staff. Provided the Environmental Impact mitigation measures are implemented as well as adoption of sound construction management practices, negative effects on water, soil, air, sound, sewerage and drainage systems will be minimized to levels of insignificance. 8.2 Relocation Alternative Although the Judiciary has the option of moving the project to a different site, this would require input of more resources and time. At the moment, there are no readily available suitable alternative sites for the proposed development of Law Courts in Ol Kalou. Looking for alternative land to accommodate the scale and size of the project and completing official transactions within the allowable time frame under the JPIP would delay the project unnecessary. The current site of the project has major advantages; - The existing infrastructure at the site includes roads, - Sewerage, electricity, water, and - close proximity to other government administration offices Other sites within Ol Kalou town are not well endowed with these infrastructural advantages in one location and would require additional time and resources to acquire and build the required infrastructure. The site is close to Ol Kalou township commercial centre where it is possible to locate the needed skilled and semi- skilled laborers. Therefore, the main justifications and advantages for this plot are the following: - The site will be advantageous to the largely unemployed youth to find jobs at the site - The current plot is in close proximity to existing newly built permanent infrastructure and does not contravene land use plans for the local authority for this area. - The site is in close proximity to other court users such as the local administration offices, and the main county offices. - The land belongs to the county government. - The current site is very close to infrastructure that is of great benefit to the majority of court users. The infrastructure includes a major highway, feeder roads, bus matatu and taxi terminals, all of which benefit the majority of current court users as well as staff of the law courts. 59 In consideration of the above concerns and assessment of the current proposed site, relocation is not a viable option for the Ol Kalou site. 1. The No Action Alternatives The No Action Alternative in respect to the proposed project implies that the status quo is maintained. This option is most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing physical and environmental conditions. However, the need for such development is a priority agenda for the Judiciary, the County of Nyandarua and the Country as a whole. This option if preferred would result in several losses both to the project proponent/land owner, the Judiciary in particular county government of Nyadarua and the Government in general. The property would remain underutilized or neglected. The No Project Option is the least preferred from the socio-economic point of view and partly from the environmental perspective since if the project is not done:-  The economic benefits especially during constriction i.e. provision of jobs for skilled and non-skilled workers will not be realized.  There will be no generation of income by the developer for the Government.  The social-economic status of the locals resident in the Ol Kalou area would remain unchanged.  The local skills would remain under utilized From the analysis above, it becomes apparent that the No Project Alternative is not the appropriate alternative for the local people, the proponent in particular and the Government of Kenya in general. 2. The Comparison Alternatives Under the proposed Development Alternative, the project would create more office space for the Judiciary and would provide employment directly to residents of Ol Kalau in particular and the residents of Nyahururu in general. Under the No Action Alternative, there would be no economic benefits for the local community from the site and neither would there be the insignificant environmental Impact. Provided the Environmental Impact mitigation measures are implemented as well as adoption of sound construction management practices, negative effects on water, soil, air, sound, sewerage and drainage systems will ensure that potential impacts are minimized to levels of insignificance. 60 9.0 MITIGATION AND MONITORING OF POTENTIAL IMPACTS This chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with activities of the project during its construction, operation and decommissioning stages. The monitoring process involves continuous and periodic review of the construction and maintenance to determine the effectiveness of the recommended measures. 9.1 Mitigation of construction phase impacts The following are proposed mitigation measures during the construction stage. 9.1.1 Efficient sourcing and use of raw materials To reduce the negative impacts on availability and sustainability of building materials, the contractor will only order for what will be required through accurate budgeting and estimation to avoid excessive quantities. Moreover, the contractor will ensure that wastage, damage or loss (through run-off, etc) of materials at the construction site is kept to a minimum, as these would lead to additional demand for and extraction or purchase of materials. The Architect and proponent (Judiciary) will make efforts to ensure the contractor sources building materials such as sand, ballast and hard core from registered quarries and sand mining firms, whose projects have undergone satisfactory environmental impact assessment/audit and received NEMA approval. Since such firms are expected to apply acceptable environmental performance standards, the negative impacts of their activities at the extraction sites will be well mitigated. 9.1.2 Minimization of run-off and soil erosion Most of the site area is on flat level ground. However, the contractor will be encouraged to put in place measures aimed at minimizing soil erosion and associated sediment release from the project site during construction. These measures will include leveling the project site to reduce run-off velocity and increase infiltration of rainwater into the soil. In addition, construction vehicles will be restricted to designated areas to avoid soil compaction within the project site, while any compacted areas will be ripped to reduce run-off. 9.1.3 Minimization of construction waste Materials left over at the end of construction may be used in other projects rather than being disposed of. Purchasing and using once-used or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. 61 Other recommendations for minimization of solid waste during construction of the project include:- - Purchase of some construction materials such as paints incrementally to ensure reduced spoilage of unused materials; - Use of durable, long lasting materials that will not need to be replaced as often thereby reducing the amount of construction waste generated over time; - Use of building materials that have minimal packaging to avoid the generation of excessive waste. - Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements; - All construction waste will be disposed off at a designated OL Kalou township site. 9.1.4 Reduction of dust generation and emission Emissions of dust during construction will be minimized through strict enforcement of on site speed controls as well as limiting unnecessary traffic within the project site. In addition, it is recommended that excavation works be carried out in wet weather, since the rain season has come and traffic routes on site be sprinkled with water regularly to reduce amount of dust generated by the construction trucks. 9.1.5 Minimization of fuel consumption Minimization of consumption of fossil fuels will be achieved through proper planning of transportation of materials to reduce the number of trips done or the number of vehicles on the road. In addition truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas and to switch off vehicles engines at these points. 9.1.6 Minimization of noise Efforts will be made to minimize noise on the project site and surrounding areas through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they will be instructed to avoid hooting especially when within the law court compound to avoid unnecessary noise. In addition, construction machinery will be kept in good condition to reduce noise generation. 9.1.7 Minimization of water use. The contractor will ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. 62 9.1.8 HIV and AIDS Some of the workers, (both skilled and un-skilled) coming to coming to work at the site may be forced to find temporary accommodation in Ol Kalou town away from their homes. In order to avoid the possible spread of sexually communicable diseases such as HIV and AIDS, it is strongly recommended that the contractor be compelled to take the responsibility of organizing for the sensitization of workers about the dangers of occupational diseases such as HIV and AIDS, as well as social issues such as drug abuse, use of alcohol among others. This will involve the hiring of personnel and staff from NGOs, county health workers among others to sensitize workers on the proper use of condoms in the prevention of the spread of HIV and AIDS. Therefore as per the World Banks guidelines for Environmental Health and safety (no. 3.6 Disease Prevention Communicable Diseases EHS) the recommended interventions at the project level include: - Providing surveillance and active screening and treatment of workers - Preventing illness among workers in local communities by: • Undertaking health awareness and education initiatives, for example, by implementing an information strategy to reinforce person-to-person counseling addressing systemic factors that can influence individual behavior as well as promoting individual protection, and protecting others from infection, by encouraging condom use • Training health workers in disease treatment • Conducting immunization programs for workers in local communities to improve health and guard against infection • Providing health services - Providing treatment through standard case management in on-site or community health care facilities. Ensuring ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers - Promoting collaboration with local authorities to enhance access of workers families and the community to public health services and promote immunization 9.2 Mitigation of operational phase impacts 9.2.1 Ensuring efficient solid waste management All the occupants in the law courts offices will be responsible for efficient management of solid waste generated by the project during its operation. In this regard, the proponent will provide waste handling facilities such as a solid waste bins area for temporarily holding solid waste generated in the offices and court rooms and other common areas. The contractor will ensure that such waste is disposed of regularly. 63 9.2.2 Minimization of sewage release The architects has included into the design adequate measures that will ensure there is adequate means for handling waste water generated in the law court complex. It will also be important that the management ensures that sewage pipes are not blocked or damaged since such vices can lead to release of the effluent, resulting in land and water contamination. 9.2.3 Green Building Concept The proponent has incorporated green building concepts in three areas of the building design. 9.2.4 Efficiency in energy consumption The proponent plans to install an energy-efficient lighting system in the court rooms. Use of efficiency lighting system, electrical equipment and controls will contribute immensely to energy savings during the operational phase of the project. In addition, all occupants at the court rooms will be sensitized to ensure energy efficiency in their office operation. 9.2.5 Renewal Energy There are renewable energy concerns and it is being recommended the architect incorporates solar into the design for lighting external areas such as walk ways. 9.2.6 Water conservation. The proponent will install plastic tanks for storage of water. Moreover any water leaks through drainage pipes and faulty taps during the operation phase will be attended to promptly ensure quick repairs by qualified plumbers. Through storage at convenient and strategic places, the occupants of the law court complex will be sensitized on the need for prudent water conservation process. Other water conservation measures to be used by the proponent include:-  Use of low-flush toilets.  Installation of push water- taps for conservation of water in the wash basins.  Rain water harvesting and usage during all the stages. Constant reporting by the site contractor to the architect will be necessary to ensure the project is executed as per the architectural drawings. It is recommended that a safety officer should always be on site to report any safety concerns for urgent mitigation. He should also at all times enforce safety requirements as per the relevant legislation. The contractor must consult the architect to maintain a clear understanding of all the aspects of the project. 64 Table 3 New Ol Kalau Law Courts - Classification of Environmental Impacts CLASSIFICATION OF ENVIRONMENTAL IMPACTS Classification criteria Type of impact Character Positive impact: it represents environmental benefits; e.g. sanitation or recovery of degraded areas. Negative impact: it causes harm or deterioration to a component or global environment. Cause – effect Primary impact: it is usually produced at the same time and place and often associated Relation with the construction, operation, and maintenance of a facility or activity. They are obvious and quantifiable. Secondary impact: it is an indirect or induced change that could occur subsequently or in different places as a result of the implementation of the action. Time of occurrence Latent impact: it occurs some time after the beginning of the activity that caused the impact. Immediate impact: it is manifested at the beginning of the proposed activity. Critical time: period during which the highest degree of impact takes place. Interrelationship of Simple impact: it is manifested on a single environmental component, without inducing actions with new alterations, accumulation, or synergy. alterations Cumulative impact: it results from past, present, and reasonably expected future actions. Extension Specific impact: it produces a localized alteration. Partial impact: it implies and appreciable incidence in the area under study. Extreme impact: it is identified in a large part of the land area. Total impact: it is present throughout the environment under study. Persistence Temporary impact: it implies a non-permanent alteration and is usually brief Permanent impact: it entails an indefinite alteration. Recovery capacity of Irrecoverable impact: it impedes environmental recovery. the environment Irreversible impact: those that make it impossible or extremely difficult for the environment to revert to its original condition. Reversible impacts: those that allow a measurable recovery of the environment in short, medium, or long term due to natural process Fugitive impacts: those that allow immediate recovery once the activity is over, and do not require mitigation practices. 65 Table 4. New Ol Kalau Law Courts - Environmental Impact Appraisal criteria ENVIRONMENTAL IMPACT APPRAISAL CRITERIA USED Character (positive, negative, or neutral; the latter is the one below the acceptable threshold according to environmental regulations). Level of disturbance in the environment (significant, regular, or limited). Importance from the point of view of natural resources and environmental quality (high, medium, and low). Risk of occurrence (very probable, probable, unlikely). Extension of the area or land involved (regional, local, specific) Duration (permanent throughout the project, average or during the project operation and short or during the project construction stage). Reversibility to return to initial conditions (reversible if human assistance is not required, partial if human assistance is required, and irreversible if a new environmental condition needs to be generated). IMPACT CLASSIFICATION Character (C) Positive (1) Negative(-1) Neutral(0) Disturbance (D) Important(3) Regular(2) Limited(1) Significance (S) High(3) Medium(2) Low(1) Occurrence (O) Very Probable(3) Probable(2) Unlikely(1) Extension (E) Regional(3) Local(2) Specific(1) Duration (D) Permanent(3) Average(2) Short(1) Reversibility ( R) Irreversible(3) Partial(2) Reversible(1) TOTAL 18 12 6 IMPACT APPRAISAL TOTAL IMPACT = C X (D + S + O + E + D + R) Negative(-) Severe > (-) 15 Moderate (-) 15 > (-) 9 Compatible < (-) 9 Positive (+) High > (+) 15 Medium (+) 15 > (+) 9 Low < (+) 9 66 Table 5: New Ol Kalau Law Courts - Environmental Impacts Appraisal– Construction Stage GREEN-POSITIVE IMPACT RED -NEGATIVE IMPACT Character/Appraisal TOTAL IMPACT (D+S+O+E+D+R) Reversibility ( R) Disturbance (D) Occurrence (O) Significance (S) Character ( C) Extension (E) Duration (D) Positive Negative Anticipated Impact H M L S M C Remarks Physical Environment There is no interference with water both Impact on Water Quality(surface and ground 1 1 1 1 1 1 6 -1 -6 surface and ground. water resources) Impact Appraisal-Negative and Compatible The classification of this impact is Negative Soil Erosion 1 2 2 1 1 1 8 -1 -8 and compatible Classification of impact is Negative and 1 2 3 1 1 1 8 -1 -9 Air Quality (dust emissions, odour etc.) Moderate Classification of impact is Negative and Noise Pollution 2 3 2 1 1 1 9 -1 -10 Moderate Natural (Biotic) Environment Animal species (displacement, migration of 2 2 2 2 2 2 12 -1 12 Birds species will be affected but minimally new species, enhanced breeding of pests etc.) due clearance of some of the vegetation Ecosystem disruption, conservation Not applicable in this project enhancement, user changes etc.) Vegetation 3 2 2 1 1 1 10 -1 -10 Classification of impact is Negative and Moderate. Classification of impact is Negative and Topography (excavations, etc.) 3 2 3 1 1 1 11 -1 -11 Moderate Health, Safety, Social, Economic and Cultural Environment Settlement patterns 3 2 3 1 1 1 11 -1 -11 There will be minimal change in settlement patterns Man-Made Environment Classification of impact is Positive and Employment creation 2 3 3 1 1 1 11 1 11 Medium Classification of impact is Negative and Occupational, Health and Safety 2 2 2 1 1 1 9 -1 -9 Moderate Classification of impact is Negative and Increase in Water and Energy Demand 2 2 3 1 3 2 12 -1 -12 Moderate 67 TABLE 6 New Ol Kalau Law Courts - Environmental Impacts Appraisal – Operation (Occupancy) Stage GREEN-POSITIVE IMPACT RED -NEGATIVE IMPACT Character/Appraisal TOTAL IMPACT (D+S+O+E+D+R) Reversibility ( R) Disturbance (D) Occurrence (O) Significance (S) Character ( C) Extension (E) Duration (D) Positive Negative Anticipated Impact H M L S M C Remarks Physical Environment Impact on Water Quality(surface and ground water resources) due to increase in liquid waste which will be 2 2 2 3 2 2 12 -1 -12 not applicable channeled through the soak pit Soil Erosion Not applicable Air Quality (dust emissions, odour etc.) Not applicable Land use changes Classification of impact is Negative and Increase in Solid waste 1 2 2 1 2 1 9 -1 -9 Moderate Natural Environment Settlement patterns 3 2 3 1 1 1 11 -1 -11 Animal species (displacement, migration of new species, 1 1 2 2 3 2 11 -1 11 enhanced breeding of pests etc.) Ecosystem disruption, conservation enhancement, user changes etc.) Landscaping will be done during the Vegetation operation phase Topography (excavations, etc.) Health, Safety, Social, Economic and Cultural Environment Employment 2 3 3 1 1 1 11 1 11 Classification of impact is Positive and Medium Increase in utilization of land 2 3 3 1 1 1 11 1 11 Classification of impact is Positive and Medium 68 10.0 ENVIROMENTAL SOCIAL AND MANAGEMENT PLAN Table 7: New Ol Kalau Law Courts - Environmental Management Plan and Mitigation Measures. ENVIRONMENTAL MITIGATION MEASURES RESPONSIBILTY Recommended BUDGET PHASE/STATUS IMPACT frequency of Kshs. monitoring Occupational Health  Ensure that the building plans are approved By Project One –Off Included in Design Phase and Safety by physical planning department, Proponent/Contractor/ project budget Nyandarua County. Project Manager  Workers should be provided with adequate PPEs during the construction phase. These include Contractor One-Off Kshs. 50000 Throughout the working boots, overalls, helmets, dust masks, construction stage. goggles, earmuffs and goggles. Workers should also be provided with harnesses and proper secure equipment’s for scaling heights.  The construction workers both skilled and non- Contractor Continuous Ksh. 25,000 This should be done skilled should be sensitized and made aware of before construction social issues such as drug abuses, use of alcohol begins and and occupational diseases such as HIV and AIDS throughout the among others construction phase  Workers should be provided with a well-stocked Contractor Continuous Ksh. 10,000 First Aid Box, which should be replenished at all times and managed by trained first aiders.  The proponent should ensure that the contractor thro’ the Project Manager obtains a Workmen’s DBS/Project One-Off - Act, as well as Ordinance and Regulations manager/Contractor  Adequate sanitary facilities should be provided with proper segregation for both genders where Contractor One-off Ksh. 100,000 applicable on the site.  The contractor should ensure that people contractor Continuous - providing food to the workers have been sensitized on safe handling of food. Soil Erosion and  Ensure that watering is done during By Project Manager/ Continuous To be Included in During the entire Compaction excavation and adequate screens are to be contractor project budget construction phase provided.  Landscaping should be done on the land during the Contractor One-off part of construction commissioning phase to ensure that the same is budget returned to its original state. part of construction  The contractor should provide adequate soil Contractor One-off budget conservation structures to ensure that areas prone to soil erosion are protected from runoff. 69 Air and Dust Pollution  Workers to be provided with dust masks. By Contractor and Project Continuous Included in During construction  Proponent/Contractor will also ensure the use of Manager project budget Phase dust screens. Water should be sprayed on Continuous Included in excavated areas. There should be proper project budget maintenance of equipment and vehicles  Construction and demolition works, and movement Project manager Continuous - of trucks will be limited to working hours  All staff/workers be properly inducted on work ethics and safe working procedures Contractor / Project Continuous Ksh. 30,000  Erection of a bill board to notify neighbours on Manager cautionary practices and ongoing works Construction  Hoarding and netting for dust control will be Contractor / Project One-off budget implemented Manager Construction  Transportation of waste debris for disposal should Contractor One-off budget be done aboard secured vehicles by licensed operators. Contractor One-off Construction  The construction site should be secured by site budget hoarding to prevent dust propagation by wind and limit noise production within site Contractor One-off Construction  Contractor to comply with L.N. 25: Noise budget prevention and control rules, 2005 and L.N 61 Noise and vibration pollution regulation, 2009. Contractor One-off Construction  Adequate job supervision should be prioritized budget  Machinery and equipment used will be regularly Contractor Continuous Construction serviced budget  Truck drivers will be instructed to prevent Contractor Continuous unnecessary hooting and idling of engines when Construction stationary. budget  The installed generator and power equipment used Contractor One-off to be fitted with noise control devices e.g. silencers Construction  Notify neighbours of decommissioning and Contractor One-off budget demolition plans Noise Pollution and  Workers should be provided with ear plugs. By Project Contractor One - Off PPE Budget During Excessive Vibration  The contractor should also establish the noise shared already in Construction phase levels for the various equipment used. the part of the project budget. Vegetation Loss (trees)  During the Operation phase Landscaping By Project Contractor One-Off Included in After completion of should be done to replace trees that may have to project budget construction phase Clearance of vegetation be cut. It is strongly recommended that no trees are for construction purposes cut without authorization of the architect and local authorities including county environment dept, NEMA,  Carry out landscaping as per project design to Project Contractor One-Off Kshs.3,000,000.00 include trees and bushes  Avoid cutting trees but cater for their space Project Contractor One-Off - 70  Optimize on use of open spaces instead of cutting Project Contractor One-Off down all trees and tree bushes. Topography changes  Ensure that the topography is reconstructed through By Project Contractor One-Off Included in landscaping project budget Increase in Solid Waste  Use of integrated solid waste management DBS/project Continuous This will be the Ensure waste is system by source reduction, recycling, manager/contractor responsibility of collected and composting, reuse or sanitary land filling. the contractor disposed  Ensure that debris is collected by a NEMA Contract/DBS Continuous during according to NEMA approved waste handler. construction regulations  There should be a central collection point for Contract/DBS Continuous waste generated preferably with segregation of the same.  The proponent should provide or construct proper Contract/DBS Continuous Included in waste receptacles to avoid littering. budget  A secure waste holding shed should be set up to facilitate segregation and temporary storage of Contract/DBS Continuous Included in wastes budget  Installation of marked waste bins that should be Contract/DBS Continuous Included in covered budget  Demolished floor/wall material should be re-used Contract/DBS One-off for backfilling to keep site clean and ensure Included in economical use of material. Contract/DBS Continuous budget  Use of an integrated solid waste management system including prevention, recycling, composting or incineration. Contract/DBS Continuous Included in  All workers to be sensitized to ensure waste budget generation is minimized during construction  All hazardous and non-hazardous waste should be Contract/DBS Continuous Included in stored separately budget  Containerization of any solid waste and appropriate disposal by a NEMA licensed waste Contract/DBS Continuous Included in handler pursuant to L.N. 121 budget  Contractor to keep waste tracking forms for all the Contract/DBS Continuous Included in wastes that leave site to ensure proper record budget keeping of waste movement. Ksh. 200,000 per  Ensure the installed incinerator at the Ol Kalou site Contract/DBS Continuous annum is regularly maintained during operational phase and a license obtained from NEMA. Effluent Disposal  Ensure that there are routine checks for the sewer DBS/Contractor Continuous Factor this in the During the lines to ensure that there are no leakages. operational construction and  Ensure that the materials used for construction budget operational phases are of the right standards as per the building Continuous code. Part of  Ensure that proper effluent disposal is done construction as the required legislations Continuous budget 71 Increase in Water and  Ensure conservation by switching off electrical DBS/ Continuous Included in During the operation Energy Demand equipment, lights when not in use. construction phase  Ensure maintenance of water pipes, and tanks to budget reduce chances of leakages. Continuous Security  Ensure that guards are available and proper /DBS/ Project Project and During intrusion surveillance equipment are installed and manager/Contractor Continuous Operational phase construction and are working at all times. budgets operational  Ensure that there is adequate lighting in all DBS/ Project Continuous phases areas and risk assessment is done regularly to manager/Contractor identify any new threats Traffic Movement for  Ensure that neighbours are informed through Proponent/Contractor/ Construction During construction Construction Vehicles signage about irregular movements. Project Manager phase budget phase  Ensure that vehicles maintain appropriate speed Continuous limits Adverse biophysical  The contractor will construct quarters for the By Contractor Continuous 2,000,000 During both impact which includes construction supervisor and caretaker staff only the constraints on the social for use during the construction phase to avoid construction and physical mushrooming of slums. Given that space is and occupation infrastructure of the limited at the site, the proponent will not build a phase immediate Ol Kalou camp for the majority of staff but will instead Town provide a vehicle to (lorry) for carry staff to the nearest drop-off points to their homes.  Employment will be created during the occupation phase due to the operations of the law courts.  Security will also be beefed up by having surveillance equipment and security guards. Loss of Employment  Employment will be created during the occupation phase due to the operations of the Contractor One -Off law courts. Gender Issues Breast feeding. By DBS/ Project Continuous Included in the  In order to address the issue of sensitivity to the Manager/contractor overall requirements breast feeding mothers, the design of project budget the new law Courts in Ol Kalou will incorporate specific rooms / cells for breast feeding mothers, ( lactation rooms), separate from those of men, other women and juveniles. Employment of women  During the construction and operational phase of the project, deliberate efforts will be made to DBS/Contractor Continuous Included in the ensure compliance with gender rules and in overall accordance with the current employment Act and project budget other constitutional requirements to ensure employment of women.  Harassment of women 72  Through awareness and sensitization sessions, DBS/Contractor Continuous Included in the efforts will be made to ensure that women are not overall sexually harassed at the construction site. project budget Increase in crime  Security will be beefed up by having Continuous Included in the surveillance equipment and security guards. DBS/Contractor overall project budget Interruption of existing  Measures to be put in place to ensure minimal DBS/Contractor Continuous Included in the operations, logistics and disruption of day to day activities during overall project services of the nearby construction phase. budget offices  Provision of portable toilets for site workers. Contractor One-off Included in the overall project budget Exposure to possible  Implementation of a “No Smoking” policy Contractor One-off Included in the mechanical, physical  Compliance with provisions of the Occupational overall project hazards DBS/Contractor One-off budget Safety and Health Act, 2007 Included in the  Workers will be provided with appropriate tools, Contractor Continuous overall project clothing and equipment budget  Registration of the station as a work place with DBS/Contractor Continuous Included in the DOSHS overall project  All workers will be instructed on firefighting skills Contractor Continuous budget  Installation of smoke detectors in the new court Contractor Continuous Ksh. 20,000 house Presence of members of  Controlled access to the project site during and DBS/Contractor Continuous Part of the public in the area after construction construction  Provide adequate security at the working station Continuous budget during the project cycle 73 11.0 GRIEVANCE REDRESS MECHANISM Purpose The purpose of the Grievance Redress Mechanism (GRM) is to provide persons, groups or communities negatively impacted by the project a channel through which to raise their grievances so that solutions can be found. These are grievances can surface at different stages of the project cycle including the project implementation stage. Formation Currently, a grievance redress mechanism to address project related grievances does not exist. There is need to establish this mechanism committee(s) as part of the ESMP implementation process under the Judicial Performance Improvement Project (JPIP). This will help to ensure transparency and accountability where an individual, a group or a community is aggrieved by the implementation of aspects of the project in Ol-Kalau. Members of the GRM committee There will be two levels of this grievance process. The first level will be at the local site (community) level and the second at the Headquarters of the Judiciary in Nairobi a second committee will be formed. At both levels the committees will comprise of experienced and competent persons able to command the respect of affected persons, groups and communities. At the local level the committee will comprise of the following;  Chair of the court Users Committee – (or their representative) to chair the grievance redress mechanism committee at the site level  Two members from the existing local Court Users Committee (one of whom will be secretary to this group)  Two members of the public to represent stakeholders (i.e. resident neighbours/ resident business people operating in the neighborhood of the site)  One member to represent the Judicial Performance Improvement Project (JPIP) team  One member to represent the OBS department  The local area Chief under whose jurisdiction the site falls.  The Local Member of County Assembly (MCA) in whose ward the site is situated.  Local NEMA officer under who’s Jurisdiction the site falls.  One County Government representative from the County Environmental department Members of the Grievance Redress Mechanism Committee at the Judiciary Headquarters level will include the following;  The Chief Registrar- to Chair committee (or his/her representative)  The OBS director (or their representative)  One additional member from OBS  Three members of the JPIP(a committee secretary to be chosen from this group)  An Environmental officer from the Nairobi County NEMA office 74 Mode of Communication The initial grievances will be submitted to the Grievance Redress Committee at the local level in any of the following ways; Through SMS, written letter, email or raise the grievance in a local meeting with the project implementation staff who will capture the grievance in the form of minutes to be forwarded to the relevant local GRC committee. Process The grievance review mechanism from the site level to the Judiciary head office is capture in Chart I below; 75 In case there is a grievance it the project area, the Affected Individual (AI), Affected Group (AG), or Affected Community (AC) will be required to forward complaints to the local Grievance Redress Committee (GRC). The local GRC will be required to record the grievances and call a meeting of the committee to resolve the grievances. The next step in the process will be for the GRC to meet and resolve each grievance forwarded to them at the project community level within 10 working days of receiving the grievance. If there is no decision/solution after 10 working days the committee and /or the Aggrieved Party (AP) can forward the complaint to the registrar of high court who will register the complaint and call for a grievance redress committee meeting to resolve or find a solution within 10 working days. Information Awareness This grievance redress mechanism procedure will be printed in both English and Swahili and posted on a notice board at the project site. The information will also be provided to the local Chief and MCA as well as local Administration to be made available to the local community at their offices, local gatherings and barazas. Record keeping All submitted complaints will be captured in a register or a project file at the both at the local project level and at the Judiciary Headquarters by both committees. The status of the grievances submitted and the grievance redress at the site will be reported to Registrar of the High Court through a monthly project implementation report. A feedback will also be provided on a regular basis to the Affected Persons (Aps) as well as other community stakeholders. 76 12.0 PROJECT BUDGET The proposed construction of the New Ol Kalau law courts in Nyandarua County will cost an estimated Kshs 400,000,000. (Source of Estimate- DBS). This amount will comprise of the entire cost of construction of civil works, electrical works as well as provision of water and water storage tanks as detailed below. It will also include landscaping, security services, in addition to furnishings and equipment. Civil works The project will have a comprehensive infrastructure. This infrastructure will include access road, internal road works, foot paths within the compound, parking areas, boundary walling and fencing as per design, water storage, waste disposal facilities, plumbing works, landscaping among others. Electrical works Electrical work during construction of the premises will include electricity distribution and installation of street and security lighting, underground electrical cables, lifts, and electrical fittings as well as a backup generator. Provision of water and water Storage Tanks Installation of water pipe-work for the law courts as well as plumbing works for storm water and water storage tanks. 77 13.0 CONCLUSION AND RECOMMENDATIONS In our conclusion, this is an environmentally sound project. Building the new court will have more positive and then negative environmental impacts. The project was well received by the local residents during the public consultation survey. Their comments and concerns were noted in order to assist the judiciary address the effects of any of the potential environmental impacts. In this report we have absolved and estimated that most of the negative impacts on the environment are rated low and short term with no significant effect. The negative environmental impacts that will result from establishment of the project and which can all be mitigated include: (i) Increased pressure on available infrastructure; (ii) Air pollution; (iii) Noise pollution; (iv) Generation of wastes among others which however can be mitigated. The positive impacts are highly rated and will benefit all stakeholders within Nyandarua county residents at large. The project proponent’s architects and contractor will adhere to prudent implementation of the environmental management plan. They have proposed adequate safety and health mitigation measures as part of the relevant statutory requirements. Among the major positive impacts is that the project will enhance access to justice and in Ol Kalou town residents in particular and Nyandarua County as a whole. The project will be important for the economy of Ol Kalou as a whole in providing the local people with employment opportunities resulting to income generation and other associated multiplier effects, as well as a safer and more convenient working environment. It will also greatly reduce the need to travel long distances. Among the potential negative environmental impacts noted, is the generation of noise and dust at the site, destruction of some of the tree cover during the construction stage, disruption of court proceedings and normal functions during construction , occupational health and safety impacts , inconveniences to road users and the generation of waste and effluent. We recommend that this project be licensed subject to annual environmental audits once it has been commissioned. This will be in compliance with the Environmental Management and Coordination Act of 2015 and the Environmental Impact Assessment and Audit regulations 2003. The project encompasses balanced environmental considerations and benefits. The proponent intends to put in place adequate and practical measures to mitigate the negative impacts as clearly indicated in the Environmental Social Management Plan (ESMP) proposal 78 REFERENCES Ahmed, Y.J. and Sammy G.K. (1985) Guidelines to Environmental Impact Assessment in Developing Countries. Hodder & Stroughton, London, p52 Biswas, A.K. (1978) Environmental Implications of Water Development for Developing Countries. Water Supply and Management 2(4) 283-297. Espinoza G. and R i c h a r d s B. (2002): Fundamentals of Environmental Impact Assessment Government of Kenya (1994): National Environment Action Plan. Nairobi, Government Printer. Government of Kenya (1999): National Policy on water Resources Management and Development. Nairobi, Government Printer. Government of Kenya: Policy Paper on Environment and Development. Sessional Paper No. 6 of 1999: Nairobi, Government Printer. 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World Bank/International Finance Corporation - General EHS Guidelines [Complete version] at: www.ifc.org/ehsguidelines from page 77 - page 89 80 APPENDICES Appendix I: Architectural Drawings 81 82 83 84 85 86 87 APPENDIX II: FILLED IN QUESTIONNAIRES 88 89 90 91 Appendix IIa: Public participation - List of people interviewed NAME OCCUPATION TELEPHONE I.D. No. 0437882 - Supports the project. Improve on infrastructure e.g. roads, drainage etc 1 Joseph Mwangi Nganga County Secretary – Nyandarua Tel No. 020 2660859 - Improve on conservation by tree planting and waste handling I.D. No. 1196822 - Court process will be near mwananchi and ease congestion in court 2 Joseph Muigah Wangunyu Senior chief – Ol Kalou Tel No. 0723885754 - It will enhance proper utilization of land and increase security I.D. No. 10040377 - Utilization of local resources and improve the lifestyle of the locals 3 John K. Mwangi Civil Servant Tel No. 0726540341 - Supports the project because it will create employment to the locals I.D. No. 11613466 - Employments of the local community during construction 4 John Kiarie Mwaniki Asst. Chief-Kwale – Ol Kalou Tel No. 0720309724 - Boasting security and fasten court process. Increase infrastructure I.D. No. 10709643 - Approved the project 5 Joyce Wanjuhi Kamau Asst Chief-Manyatta – Ol Kalou Tel No. 0727684449 - Court process will be near mwananchi and ease congestion in court I.D. No. 2930668 - Utilization of locally available resources 6 Charles Kinyoa Business Man Tel No. 0725316260 - Improve vegetation by planting more trees I.D. No. 22535858 - Proper utilization of land 7 David Gatai Civil Servant Tel No. 0725785351 - Supports the project I.D. No. 22165736 - Job creation for young people within the environment 8 Mbugua Mercy Farmer Tel No. 0717573816 - Try to minimize health hazard to the people during construction I.D. No. 13044002 - Decentralization of services to the community 9 Lolopeta Peter Administration Police Tel No. 0720779027 - Supports the project I.D. No. - Improves security and good for the growth of town and business 10 Joel K. Gitau Lawyer Tel No. 0702672664 - I.D. No. 27374766 - Boasting security and fasten court process. 11 Samuel Irungu Research Officer Tel No. 0724937379 - Increase infrastructure and creates business opportunity I.D. No. 32602174 - The project is not viable and the judiciary should focus on rehabilitating 12 Miriam Maina Student Tel No. 0702214355 the County offices and use it as the law courts instead I.D. No. 2934753 - Improve business in the area 13 Martha Wanjiku Nganga Business Lady Tel No. 0723570381 - Recommends the project to go ahead I.D. No. 22278293 - Supports the project 14 Lewis Njenga Photo Journalist Tel No. 0725764083 - Employments of the local community during construction I.D. No. 14608679 - It will bring services near the people 15 David Mutahi Public Officer Tel No. 0720424097 - Supports the project 92 APPENDIX III: Copy of Land Ownership Documents. Allotment Letter 93 94 95 96 97 APPENDIX IV: Certificate of Membership - Environmental Institute of Kenya 98 Expert Practicing License 99 Expert’s Registration Certificate 100 Expert’s PIN certificate and copy of ID 101