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CERTIFICATION
The Environmental Impact Assessment for the Proposed Storm Drains in Siaya Town was conducted and the project
report was prepared by a team of experts in accordance with the Environmental Management and Coordination Act
Cap 387 of 1999 (amended 2015) under the lead and Environmental (Impact Assessment) and Audit regulations
of 2003 which requires that projects with significant negative impacts to have comprehensive EIA report prepared
for submission to the National Environmental Management Authority (NEMA). I, the undersigned, certify that the
particulars in this report are correct and righteous to the best of my knowledge
Pln. Isaac Mamboh Nyamweno (ESIA Lead Expert)
Horrizon Business Solutions
PO BOX 1947– 00100 Nairobi, Kenya
T: +254 736 133 276
Signature………………………………………………Date: ………………………………………
This is to confirm that I, Linet Oyola, herein under referred to as the Municipal Manager, Siaya Municipality have
read and understood this Environmental and Social Impact Assessment report for the Proposed Storm Drains to be
implemented in Siaya Town, Siaya Municipality, Siaya County. I hereby commit myself to implement the
Environmental Management and Monitoring Plan detailed in this ESIA report and conduct periodic environmental
audits as per the provisions of the Environmental Management and Coordination Act Cap 387 of 1999 (Amended
2015).
Linet Oyola (Mrs)
Municipal Manager
Siaya Municipal Board
P.O Box 803-40600
Siaya
Signature…………………………………………………………...Date………………..................
ESIA TEAM
Name Academic Background Remarks
Pln. Isaac Mamboh
Nyamweno
MA Urban and Regional Planning
BSc in Range Management
Cert in Energy for Sustainable Development
Cert in EIA/EA
Lead Expert (EIA/EA)
and Team leader
Registration No.0158
Dr. Fredrick Omondi
Owino
Ph. D (Planning)
M.A (Planning)
BA (Design)
Lead Expert (EIA/EA)
Registration No.
EIK/1/1163
Dr. Eng. John Mahasi PhD (Strategic Management)
MBA (Strategic Management)
BSc. Applied Accounting
BSc. Civil Engineering
Project Engineer and
Director
Eng. Sebastian Idalia BSc. In Civil Engineering Project Engineer
Peter Maluki Samburu MA in Design for Sustainable Development
B.A in Spatial Planning
Cert in Integrated Water Resources Management
Physical Planner and
Urban Designer
John Odero Bachelor of Science in Applied Biology Botanist
Titus Chepkwony B.A Geography GIS Expert
Cornelly Omondi Bachelor of Economics Economist/Statistician
LIST OF ABBREVIATIONS AND ACRONYMS
BQs Bills of Quantities
Cap. Refers to ‘chapter’ in the Laws of Kenya
CBD Central Business District
CBO(s) Community Based Organization(s)
CGS County Government of Siaya
CO Carbon-monoxide
CoWs Clerk of Works
CO2 Carbon-dioxide
dBA Decibels (a unit of measuring sound)
EA Environmental Audit
EIA Environmental Impact Assessment
EMCA Environmental Management and Coordination Act
EMP Environmental Management and Monitoring Plan
ft Foot/feet (a unit of measuring length)
GOK Government of Kenya
Ha Hectares (a unit of measuring land area)
KEBS Kenya Bureau of Standard
KeNHA Kenya National Highways Authority
KERRA Kenya Rural Roads Authority
Km Kilometre(s) (a unit of measuring distance)
KShs. Kenya Shilling(s) (a unit of measuring currency in Kenya)
KURA Kenya Urban Roads Authority
m3 Cubic metre(s) (a unit of measuring volume)
mm Millimetre(s) (a unit of measuring length)
NCA National Construction Authority
NCLR National Council for Law Reporting
NEMA National Environment Management Authority
NGOs Non-governmental Organization(s)
o Degrees (A unit of measuring latitudes and longitudes)
oC Degrees Celsius
OSHA Occupational Safety and Health Act
P. O. Post Office
PPE Personal Protective Equipment
PVC Polyvinyl chloride
Reg. No. Registration number
SIWASCO Siaya Water and Sanitation Company
ToR Terms of Reference
OPERATIONAL DEFINITION OF TERMS
Authority: Refers to NEMA established under section 7 of EMCA, 1999 (Cap. 387),
amended 2015.
Decommissioning: This is the permanent withdrawal from a site or close down of a facility for
restoration.
Developer/Proponent: Means a person proposing or executing a project which is subjected to an
EIA or undertaking an activity specified in the second schedule of EMCA,
1999 (Cap. 387), amended 2015.
EA: The systematic, documented, periodic and objective evaluation of how well
environmental organization, management and equipment are performing in
conservation or preservation of the environment.
EIA: A systematic evaluation of activities and processes of an upcoming
project/facility to determine how far these activities and programs conform
to the approved environmental management plan of that specific project
and sound environmental management practices.
EMP: Means all details of project activities, impacts, mitigation measure, time,
schedule, costs, impact or activities, including monitoring and
environmental audit during implementation and decommissioning phase of a
project.
Environment: Physical factors of surroundings of human beings including land, water,
atmosphere, climate, sound, odour, taste, the biological factors of animals
and plants and social factor of aesthetics, culture and includes both the
natural and the built environment.
Mitigation: Measures which include engineering works, technology improvement
management ways and means of minimizing negative aspects, including
socio-economic and cultural losses suffered by communities and individuals,
whilst enhancing positive aspects of the project.
Project: Means any undertaking that may have an impact on the environment.
Scoping: Is the process of determining the content and extent of the matters which
should be covered in the environmental information to be submitted to a
competent authority for projects which are subject to EIA.
Screening: It is a coarse analysis of the possible impacts of an action with a view to
identifying those impacts which are worthy of detailed study for a project to
be considered for an EIA process or not.
Standards: Means the limit of discharge or emission established under the Act or under
Regulations.
EXECUTIVE SUMMARY
This Environmental and Social Impact Assessment Study was carried out in accordance with the provisions of
Environmental Management and Coordination Act Cap 387 of 1999 (Amended 2015) and the EMCA
(Environmental Impact Assessment) regulations of 2003. Horizon Management Ltd was commissioned to carry out
Environmental and Social Impact Assessment (ESIA) Study for the proposed storm drains in Siaya Town, Siaya
County. A preliminary consultative meeting comprising of members of the County Project Coordination Team and
experts from Horizon Management was held at the Municipal Manager’s office.
The Terms of Reference (ToR) and scope of work for the proposed project were clarified and a common position
held. The ESIA team from Horizon Management made a pre-visit in the project area with a view to familiarizing
themselves with the socio-economic and ecological characteristics. The team retreated to review relevant literature
on the project area and enabling legislation, policy and institutional framework. The background to Siaya Town was
obtained from various county government documents including County Integrated Development Plan (CIDP),
among others.
The Local Physical Development Plan for the town was also consulted to provide additional spatial data. A
questionnaire survey targeting residents of the town was carried to assess local people’s socio-economic
characteristics and perceptions towards the proposed project. Local people were randomly sampled to provide their
views (through a semi-structured questionnaire) regarding the project and whether it was worth implementing. The
ESIA Team sought to identify both the potential positive and negative impacts of the project and make an elaborate
environmental management plan to mitigate any anticipated negative impacts in line with the Environmental
Management and Coordination Act Cap 387 (amended 2015). The detailed engineering designs and project
activity work plan formed a strong basis for identification of the effects.
The table below provides a summary of the major negative impacts and corresponding mitigation measures
No Anticipated impacts Proposed Mitigation Measures Construction Phase
1 Loss vegetative cover along road reserves
due to clearing and excavations
Rehabilitate affected sites with recommended ornamental
grasses, shrubs and trees
Relevant agencies (NEMA, KFS, Environment Department) to
be consulted before any tree along the road reserve is felled.
2 Generation of solid wastes associated with
used construction materials
Regular collection and proper disposal of solid wastes by a
licensed firm
Application of the 3Rs- recycling, re-using and reduction
Metallic solid wastes to be sold to scrape metal dealers
Wooden materials (pieces of timber, boards, poles etc) to be
donated to public schools as source of energy for cooking
3 Noise and excessive vibration from
machinery
Machine operators to be issued with PPEs. Ensure workers
are not exposed to noise for long time per day
Construction works to be limited to day time (7.30 am to
5.00pm) especially near residential areas
4 Soil erosion as a result of excavations Ensure minimal excavations and implement appropriate soil
conservation measures
5 Incidents, Accidents and Dangerous
Occurrences/ Health and Safety
Observe occupational safety and health measures as per the
Occupational Safety and Health Act of 2007. Regular
inspection by OSHA Officer to ensure compliance
In case of injury, worker(s) to receive immediate medical care
and incident reported
Construction area to be cordoned off to keep away members
of the public
All accidents/incidents to be documented and reported to
right authorities
All plants/machinery to be operated by licensed and
experienced personnel
6 Violation of workers’ rights (under
payment, long working hours,)
Remuneration of workers to be guided by applicable
Government of Kenya guidelines (Current market rates to
apply)
Construction workers to work for at most 8 hours per day
7 Wastage of construction materials Construction materials to be procured as per the Bills of
Quantities to avoid unnecessary wastage
8 Contracting of infectious diseases such as
COVID-19, HIV/AIDS
Guidelines by the National Construction Authority (NCA) to
be strictly adhered to. Workers to maintain social distances of
1.5M all through
High hygiene standards to be observed (Hand-washing,
sanitizing etc)
Screening (taking and recording body temperatures) for all
workers entering the site
All workers to be sensitized/educated about consequences of
contracting HIV/AIDS or participating in spreading the
virus/disease
9 Conflict with property owners- in case
storm water is directed to their plots
Property owners who may be affected to be consulted in
advance (during design stage)
Where possible the affected parcels of land can be bought by
the County Government on willing seller-willing buyer basis
(Note: Donor funds are not used to purchase land).
10 Theft of construction materials Services of security firm to be utilized, Use of CCTVs where
necessary
11 Damage of other utilities (water pipes,
sewer lines, communication cables, power
lines etc)
Other utility providers to be consulted during construction
works
All service providers to be represented during site meetings so
various challenges are addressed amicably
12 Displacement of traders along the road
reserves marked for storm drains
County Government to adopt inclusive infrastructure
approach while implementing the project
13 Deposits of excavated earth material
(heaps of soil)
Top soils excavated from the project sites to be supplied to
urban and peri-urban intensive farmers (for intensive crop
production and establishment of tree nurseries)
The red stable soils to be used in production of stabilized soil
blocks for construction of affordable houses within the
Municipality
Excess soil to be used in rehabilitating borrow pits before
trees are planted
14 Heavy vehicular traffic as lorries and
tractors transport construction materials
and possibility of accidents
Proper management of vehicular traffic to avoid accidents
Operational Phase
15 Accidents and even death as pedestrians Storm drains in busy parts of town (Central Business District)
may fall into open storm drains to be covered.
16 Deposition of solid wastes and waste
water/sewage into storm drains
Cover storm drains. Enforce Municipal of By-laws to prevent
members of public depositing wastes into storm drains.
Sensitizing and educating residents of Siaya Town about
benefits to caring for their environment.
17 Solid wastes in storm drains Proper management of solid waste- separation of wastes
(organic, plastic, bottles, glass and metallic) at source and
disposal at Municipal land fill
18 Deterioration of storm drain infrastructure Ensure regular maintenance of storm drains
Decommissioning Phase
19 Environmental damage to affected areas
(storm drains)
Restoration of affected sites (storm drains) to their original
condition and restoration certificate obtained from NEMA
20 Injuries to workers during demolitions Observe all Occupational Safety and Health measures
including use of PPEs
In case of injury, worker(s) to be given immediate medical
care at nearest health facility
21 Used Construction materials Some of the construction materials can be re-used in other
construction projects
The proponent is strongly advised to implement all the proposed Environmental/Social Management and Monitoring
Plan to effectively mitigate potential negative impacts so the project can be of great benefit to the residents of
Siaya Town.
TABLE OF CONTENTS
CERTIFICATION ....................................................................................................................................... i
ESIA TEAM .............................................................................................................................................. ii
LIST OF ABBREVIATIONS AND ACRONYMS ............................................................................................ iii
OPERATIONAL DEFINITION OF TERMS ................................................................................................... iv
EXECUTIVE SUMMARY ............................................................................................................................ v
LIST OF FIGURES .................................................................................................................................... xi
LIST OF TABLES ......................................................................................................................................xii
LIST OF PLATES ..................................................................................................................................... xiii
CHAPTER ONE: INTRODUCTION ............................................................................................................. 1
1.1 Introduction ...................................................................................................................................... 1
1.2 Background and Rationale for Environmental and Social Impact Assessment .............................................. 1
1.3 Objectives of the Environmental and Social Impact Assessment Project Report ........................................... 1
1.4 Terms of Reference (ToR) .................................................................................................................... 2
1.5 Scope of the Environmental and Social Impact Assessment Project Report ................................................. 2
1.6 Environmental Impact Assessment Project Report Methodology ............................................................... 2
CHAPTER TWO: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ....................................................... 4
2.1 Introduction ...................................................................................................................................... 4
2.2 United Nations Agenda 2030 on Sustainable Development Goals ............................................................ 4
2.3 The New Urban Agenda of 2016 ......................................................................................................... 4
2.4 Policy Provisions ................................................................................................................................ 4
2.4.1 Kenya Vision 2030 ......................................................................................................................... 4
2.4.2 The Big Four Agenda ...................................................................................................................... 5
2.5 Legislative Framework ........................................................................................................................ 6
2.5.1 Constitution of Kenya 2010 ............................................................................................................ 6
2.5.2 The Environmental Management and Coordination Act (EMCA) Cap 387............................................... 6
2.5.3 Environmental Management and Coordination (Noise and Excessive Vibration, and Pollution Control)
Regulations, 2009 ................................................................................................................................... 7
2.5.4 County Government Act No. 17 of 2012 .......................................................................................... 7
2.5.5 Physical and Land Use Planning Act No 13 of 2019 ........................................................................... 8
2.5.6 Occupational Safety and Health Act (OSHA), 2007 ............................................................................ 8
2.5.7 The Public Health Act (Cap 242) ...................................................................................................... 8
2.5.8 Work Injury Benefits Act (WIBA), 2007 ............................................................................................ 8
2.5.9 Way Leaves Act Cap 292 ................................................................................................................ 9
2.5.10 Kenya Roads Act, 2007 ................................................................................................................ 9
2.5.11 Urban Areas and Cities Act of 2011 (Rev. 2019) ............................................................................. 9
2.5.12 The Public Roads and Roads of Access Act (Cap 599) ....................................................................... 9
2.5.13 The Environmental Management and Coordination (Waste Management Regulation , 2006) .................. 9
2.6 On-site Health and Safety Management measures during the COVID-19 Pandemic (3rd April, 2020) ........... 9
2.7 Institutional Structure of the Road Sector ............................................................................................ 10
2.7.1 Kenya Urban Roads Authority (KURA) ............................................................................................. 10
2.7.2 Municipal Boards .......................................................................................................................... 11
2.7.3 NEMA Compliance ........................................................................................................................ 11
2.7.3.1 Sectorial Integration ................................................................................................................... 11
2.7.3.2 Project Implementation Institutional Structure ............................................................................... 12
2.7.3.3 Managing the Risks of adverse Impacts on Communities from Temporary Project Induced Labour Influx12
CHAPTER THREE: BASELINE INFORMATION OF THE PROJECT AREA ...................................................... 14
3.1 Introduction .................................................................................................................................... 14
3.2 Location of Siaya Town in Siaya Municipality ....................................................................................... 14
3.3 Structuring Elements ........................................................................................................................ 14
3.4 Physiographic Characteristics ............................................................................................................ 16
3.4.1 Relief and Topography ................................................................................................................... 16
3.4.2 Geology and Soils ......................................................................................................................... 16
3.4.3 Climate ....................................................................................................................................... 17
3.4.4 Fauna and Flora ............................................................................................................................ 17
3.4.5 Drainage ..................................................................................................................................... 18
3.5 Land .............................................................................................................................................. 18
3.5.1 Land Tenure ................................................................................................................................. 18
3.5.2 Land Use ..................................................................................................................................... 19
3.6 Population Dynamics ........................................................................................................................ 22
3.6.1 Population Size and Composition. ................................................................................................... 22
3.6.2 Population structure of Siaya Municipality........................................................................................ 22
3.7 Economy ........................................................................................................................................ 22
CHAPTER FOUR: PROJECT DESCRIPTION .............................................................................................. 23
4.1 Introduction .................................................................................................................................... 23
4.2 Project Location .............................................................................................................................. 23
4.3 Materials ........................................................................................................................................ 23
4.4 Project Implementation in Phases ....................................................................................................... 24
4.4.1 Description of Pre-Construction Phase Activities ............................................................................... 24
4.4.2 Description of Project’s Construction Phase Activities ....................................................................... 24
4.4.3 Description of Project’s Operational Phase Activities ......................................................................... 24
4.4.4 Description of the Project’s Decommissioning Activities ..................................................................... 24
4.4.5 Demolition works .......................................................................................................................... 25
4.4.6 Negative impacts and mitigation measures during project decommissioning period ................................ 25
4.5 Project Alternatives .......................................................................................................................... 26
4.6 Project Budget ................................................................................................................................ 26
CHAPTER FIVE: IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS ..................................... 27
5.1 Introduction .................................................................................................................................... 27
5.2 Definition and Classification of Environmental Impact ........................................................................... 27
5.3 Impact Significance .......................................................................................................................... 27
5.4 Construction Phase .......................................................................................................................... 27
5.4.1 Positive Impacts ........................................................................................................................... 27
5.4.2 Negative Impacts .......................................................................................................................... 28
5.5 Operation Phase .............................................................................................................................. 32
5.5.1 Positive Impacts ........................................................................................................................... 33
5.5.2 Negative Impacts .......................................................................................................................... 33
5.6 Decommissioning phase .................................................................................................................... 34
5.6.1 Positive Impacts ........................................................................................................................... 35
5.6.2 Negative Impacts .......................................................................................................................... 35
CHAPTER SIX: PUBLIC PARTICIPATION AND CONSULTATION ............................................................... 36
6.1 Introduction .................................................................................................................................... 36
6.2 Objectives of Public Participation ....................................................................................................... 36
6.3 Benefits of Public Consultation .......................................................................................................... 36
6.4 Approach to Public Participation and Consultation ............................................................................... 37
6.5 Engagement Methodology ................................................................................................................ 37
CHAPTER SEVEN: ENVIRONMENTAL AND SOCIAL MANAGEMENT/MONITORING PLAN ........................ 49
7.1 Introduction .................................................................................................................................... 49
7.2 Purpose and Objectives of ESMMP .................................................................................................... 49
7.3 Auditing of ESMMP ......................................................................................................................... 49
7.4 Management Responsibility of ESMMP ............................................................................................... 49
7.5 Emergency Procedure during Construction and Operation Phase of the Project ........................................ 50
7.6 Environmental Management and Monitoring Plan for Storm Drains ........................................................ 51
7.6.1 Pre-Construction Phase: Environmental and Social Management and Monitoring Plan ............................ 51
7.6.2 Construction Phase: Environmental and Social Management and Monitoring Plan ................................ 52
7.6.3 Operation Phase: Environmental and Social Management and Monitoring Plan .................................... 55
7.6.4 Decommissioning Phase: Environmental and Social Management and Monitoring Plan ........................... 56
CHAPTER EIGHT: CONCLUSIONS AND RECOMMENDATIONS ................................................................ 58
8.1 Introduction .................................................................................................................................... 58
8.2 Conclusions .................................................................................................................................... 58
8.3 Recommendation ............................................................................................................................. 58
REFERENCES .......................................................................................................................................... 59
APPENDICES ......................................................................................................................................... 60
LIST OF FIGURES
Figure 1.1: EIA Process ............................................................................................................................. 3
Figure 3.1: Location and Structuring Elements of Siaya Municipality .............................................................. 15
Figure 3.2: Siaya Municipality Terrain Model .............................................................................................. 16
Figure 3.3: Draft Local Physical Development Plan of Siaya Town showing extended CBD (2006) .................... 19
Figure 3.4: Siaya Municipality Land Classification (Satellite Imagery Analysis) ................................................. 21
Figure 3.5: Population Structure in Siaya Municipality ................................................................................. 22
Figure 5.1: Desirable methods of managing municipal waste ......................................................................... 34
Figure 6.1: State of Storm Water Management in Siaya Town ...................................................................... 38
Figure 6.2: Likelihood of Urban Floods ...................................................................................................... 38
Figure 6.3: Need to Design and Implement an Elaborate Storm Water Drainage .............................................. 39
Figure 6.4: Breeding Grounds for Mosquitoes ............................................................................................. 39
Figure 6.5: Impact of Poor Storm Management on Investments .................................................................... 39
Figure 6.6: Job Opportunities ................................................................................................................... 40
Figure 6.7: Demand for Construction Materials .......................................................................................... 40
Figure 6.8: Effect to Environment During Construction ................................................................................ 41
Figure 6.9: Vehicular Traffic in Town During Construction ........................................................................... 41
Figure 6.10: Noise Levels During Construction ........................................................................................... 42
Figure 6.11: Effect of the Project to Business Activities ............................................................................... 42
Figure 6.12: Likely Displacement of Traders ............................................................................................... 42
Figure 6.13: Injuries During Construction (Workers) ................................................................................... 43
Figure 6.14: Injuries During Construction (Pedestrians) ............................................................................... 43
Figure 6.15: Beauty/Aesthetics of the Town During Construction ................................................................. 44
Figure 6.16: Loss of Vegetation During Construction .................................................................................. 44
Figure 6.17: COVID-19 During Construction ............................................................................................. 45
Figure 6.18: HIV/AIDs During Construction .............................................................................................. 45
Figure 6.19: Abuse of Drugs and Substances ............................................................................................. 46
Figure 6.20: Solid and Liquid Wastes ......................................................................................................... 46
Figure 6.21: Environmental Challenges ...................................................................................................... 46
Figure 6.22: Disposal of Used Construction Materials ................................................................................. 47
Figure 6.23: Mitigation of Negative Impacts .............................................................................................. 47
Figure 6.24: Mitigation of Negative Impacts During Demolition ................................................................... 48
Figure 6. 25: Respondent’s Final Verdict .................................................................................................... 48
LIST OF TABLES
Table 3.1: Trees, Shrubs and Grass Species in Siaya Town ............................................................................ 17
Table 3.2: Surface Areas by Category ........................................................................................................ 18
Table 3.3: Primary and Secondary Schools in Siaya Town ............................................................................. 19
Table 3.4: Population Distribution in Siaya Municipality ............................................................................... 22
Table 4.1: Summary of the main construction material input into the proposed project ..................................... 23
Table 4.2: Vehicles and Equipment Required ............................................................................................... 23
Table 4.3: Negative Impacts and Mitigation Measures during Project Decommissioning Period ......................... 25
Table 6.1: Survey on how the Proposed Projects are likely to Affect them Individually or Collectively ................. 38
Table 7.1: Pre-Construction Phase: Environmental and Social Management and Monitoring Plan ....................... 52
Table 7.2: Construction Phase: Environmental and Social Management and Monitoring Plan ........................... 55
Table 7.3: Operation Phase: Environmental and Social Management and Monitoring Plan ............................... 56
Table 7.4: Decommissioning Phase: Environmental and Social Management and Monitoring Plan ...................... 57
Table 7.5: Decommissioning Flow Chart .................................................................................................... 57
LIST OF PLATES
Plate 3.1: Trees, Shrubs and Grass Species in Siaya Town ............................................................................. 18
Plate 3.2: Poor management of storm water in town ................................................................................... 18
Plate 3.3: Urban Agriculture in Siaya Town ................................................................................................ 20
CHAPTER ONE: INTRODUCTION
1.1 Introduction
This Environmental and Social Impact Assessment (ESIA) Report for the proposed storm drains in Siaya Town, Siaya
Municipality was prepared by a team of experts in line with the provisions of the Environmental Management and
Coordination Act Cap 387.
1.2 Background and Rationale for Environmental and Social Impact Assessment
There has been a remarkable and refreshing interest in environmental issues in the recent past with the publication
of the 1987 Report of the World Commission on Environment and Development (the Brundtland Report titled Our
Common Future). This is particularly so due to increasing realization that man’s unsustainable production and
consumption patterns are largely responsible for the unprecedented rate of environmental degradation that is
threatening mankind. Some of the negative consequences of mankind’s irresponsible interaction with the
environment include: climate change, desertification, loss of biological diversity, pollution of air, water and
land/soil; diminishing indigenous forest cover and loss of natural habitats; among others. The concern for
environment made evident the necessity for the planning authorities to count on sound information about possible
environmental consequences of development actions (Singh, 2007).
Environmental Impact Assessment (EIA) can be broadly defined as the systematic identification and evaluation of
the potential impacts (effects) of proposed projects, plans, programmes or legislative actions relative to the
physical-chemical, biological, cultural and socioeconomic components of the total environment (Canter, cited in
Singh, 2007). EIA systematically examines both beneficial and adverse consequences of the project and ensures
that these effects are taken into account during project design. EIA is both a decision-making process and a
document that provides a systematic, reproducible and interdisciplinary evaluation of the potential effects of a
proposed action and its practical alternative on the physical, biological, cultural and socioeconomic attributes of a
particular locality (Wamukoya and Ludeki, 2003). The emphasis, compared with many other mechanisms for
environmental protection is on prevention.
An EIA aims to predict environmental, social, and economic impacts at an early stage in project planning and
design, find ways to reduce adverse impacts, shape project to suit local environment and recommend suitable
options to decision makers. The purpose is to ensure that important environmental resources are recognized early in
the planning process and protected through proper planning and decision-making (Wamukoya and Ludeki,2003).
As a decision-making tool, EIA provides a means for all stakeholders in an action to be heard and to participate in
process of selection of alternatives and mitigation of adverse impacts (Wamukoya and Ludeki, 2003). EIA brings
before decision makers more alternative courses of action that may better achieve several instead of just one set of
goals.
This study focuses on the proposed implementation of storm drainage system in Siaya Town, Siaya Municipality,
Siaya County. As per the EMCA and EIA Guidelines and Administrative Procedures, this Project Report provides
information regarding the proposed project including: site description; project activities, project materials; project
outputs; potential environmental and social and impact of the project; proposed mitigation measures and
Environmental Management Plan (EMP). A description of reactions from persons most likely to be affected by the
project is also presented.
1.3 Objectives of the Environmental and Social Impact Assessment Project Report
The key objectives of this report to:
1. Anticipate adverse environmental impacts likely to emerge as a result of implementing the proposed storm
drains in Siaya town.
2. Propose cost-effective measures to mitigate adverse environmental impacts Likely to emerge as a result of
continued implementation of the proposed operations
3. Prepare a comprehensive EMP to help the proponent and the contractor to Safeguard the economic viability
and environmental sustainability of the project while protecting human life
1.4 Terms of Reference (ToR)
The EIA Team was guided by the following terms of reference:
1. Carry out a scoping study with a view to identifying the environmental, economic and socio-cultural impacts of
the proposed project. This entails identifying the range of issues to be addressed
2. Provide a detailed description of the project site including location, ecological characteristics, climate, soils and
geology, socio-economic characteristics, etc.
3. Provide a detailed description of the proposed project including but not limited to location, design
4. Provide a description of the proposed activities throughout the entire implementation process of the project
with emphasis on potential impacts to the surrounding environment.
5. Collect and collate information of ecologically significant species of plants and animals within the project area
and find out whether these species are endangered or not.
6. Carry out a systematic environmental and social assessment at the proposed project site and the surrounding
area as per the gazetted environmental regulations.
7. Assess likely negative impacts of the proposed project to the safety and health of the workers
1.5 Scope of the Environmental and Social Impact Assessment Project Report
Pursuant to the provisions of EMCA, Environmental Management and Coordination (Impact Assessment and Audit)
Regulations of 2003 and EIA Guidelines and Administrative Procedures of 2002, this project report is limited to
the following variables:
1. Describing the baseline environmental conditions of the project area.
2. Providing detailed description of the proposed projects.
3. Reviewing relevant legislative, policy and administrative framework governing the proposed project.
4. Seeking the views of the public over the proposed project.
5. Identifying and discussing both positive and negative impacts likely as a result of implementing the proposed
project.
6. Proposing measures to mitigate adverse environmental impacts likely to occur as a result of implementing the
proposed project.
7. Developing an EMP to guide the proponent and the contractor in securing the project’s economic viability as
well as environmental sustainability.
8. Produce an ESIA report that contains among other issues such as potential positive and negative impacts and
recommendation of appropriate mitigation measures.
9. Provide cost estimate of implementing the proposed mitigation measures by the proponent
10. Advise the proponent on how to mitigate potential negative impacts of the proposed project
11. Provide an elaborate Environmental Management Plan together with a Follow-up Plan
1.6 Environmental Impact Assessment Project Report Methodology
In addressing the above-mentioned aspects, the following methods were used:
a) Project Screening: Screening is important as it helps in reaching at an informed decision as to whether a
proposed project should be subjected to an EIA process or not. Project location; nature and amount of raw
materials; and type of wastes likely to be generated guide the decision-making process.
b) Project Scoping: Refers to the procedure used to determine the range of issues the EIA report covered and
process played a role in identifying significant environmental issues related to the proposed project.
c) Literature Review: Involved review of Literature relating to the proposed project and project area. This covered
the review of the Environmental Management and Coordination Act (EMCA) Cap 387 and its related guidelines
and regulations. It also includes review of relevant studies and reports on the proposed storm drains in Siaya
town.
d) Site Visits: The EIA Expert visited the site for the proposed projects several times during the preparation of
this EIA report. The purpose was to ascertain the physical attributes of the area and hence help in simulating
the potential adverse environmental impacts associated with the proposed project. The EIA Team was guided
through the project site with the help of the proponent and his staff and provided with detailed information
regarding existing infrastructure.
e) Public Participation: Views of members of the public concerning the proposed project were captured via a
semi-structured questionnaire. Public participation by the local community is not an option but a requirement
under EMCA Cap 387. Views of the local community are of uttermost importance when it comes to making a
decision to approve or reject a proposed project.
Figure 1.1: EIA Process
CHAPTER TWO: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
2.1 Introduction
This section contains a review of the policy, legal, and institutional frameworks governing the proposed
development. The policy, legal and institutional frameworks have been put in place to ensure that development
projects adhere to environmental conservation and development laws/policies at all times. Development activities
have the potential negative ecological effects, it is therefore more important today than ever, to ensure that
development efforts are sustainable. The proposed development will change the landscape, hydrology, air quality,
exposure of soils, compaction, loss of vegetation and waste generation among the environmental changes. The
Kenya government put in place a wide range of policy, institutional and legislative frameworks to guide
development projects in Kenya in a bid to minimize the adverse ecological impacts of development. This legislative
framework aims to address these among other pertinent issues not anticipated or raised here by embedding EIA in
all development projects.
2.2 United Nations Agenda 2030 on Sustainable Development Goals
The United Nations Agenda 2030 comprises 17 new Sustainable Development Goals (SDGs) and 169 associated
targets are integrated and indivisible; global in nature and universally applicable, taking into account different
national realities, capacities and levels of development and respecting national policies and priorities. The concept of
the SDGs was born at the United Nations Conference on Sustainable Development, Rio+20, in 2012. The
objective was to produce a set of universally applicable goals that balances the three dimensions of sustainable
development: environmental, social, and economic.
Relevance: Goal No. 11 on “Make cities and human settlements inclusive, safe, resilient and sustainable” and Goal
No. 13 on “Take urgent action to combat climate change and its impacts” are particularly relevant to the proposed
project. Installation of storm drains in Siaya Town will ease flow of storm water hence reducing floods. This will also
contribute towards realization of safer, resilient, inclusive and more sustainable urban human settlement.
2.3 The New Urban Agenda of 2016
The New Urban Agenda represents a shared vision for a better and more sustainable future – one in which all
people have equal rights and access to the benefits and opportunities that cities can offer, and in which the
international community reconsiders the urban systems and physical form of our urban spaces to achieve this. The
New Urban Agenda was adopted at the United Nations Conference on Housing and Sustainable Urban
Development (Habitat III) in Quito, Ecuador, on 20 October 2016. The New Urban Agenda is closely linked to the
United Nations Agenda 2030 on Sustainable Development Goals generally and goal 11 (Sustainable Cities and
Communities) specifically. The Agenda provides plausible and tested principles for realization of sustainable urban
development in the era of unprecedented urbanization especially in eastern Africa in general and Kenya particularly.
The proposed project is consistent with the New Urban Agenda as it will contribute to realization of sustainable
development in a secondary town.
2.4 Policy Provisions
2.4.1 Kenya Vision 2030
Kenya Vision 2030 is the national development blueprint for period 2008 to 2030 and was developed following on
the successful implementation of the Economic Recovery Strategy of Wealth and Employment Creation which saw
the country’s economy back on the path to rapid growth since 2002. GDP growth rose from 0.6% to 7% in
2007 but dropped between 1.7% and 1.8% in 2008 and 2009 respectively. The objective of the vision 2030 is
to “transform Kenya into a middle-income country with a consistent annual growth of 10% by the year 2030”.
One of its aims is to make Kenya to be a nation that has a clean, secure and sustainable environment by 2030.
This will be achieved through promoting environmental conservation to better support the economic pillar.
Developing and improving drainage channels will achieve Kenya’s transformation into a middle-income country.
Relevance: This project aims at improving drainage in the area, which improves the economy, health, and
sanitation of the area. The project will offer an opportunity for the local community to empower themselves
economically through securing employment and service provision during construction and repairs.
2.4.2 The Big Four Agenda
The Big Four Agenda is aligned to Kenya Vision 2030. The four pillars of the agenda include: Manufacturing, Food
Security, Universal Health Coverage, and Affordable Housing. The manufacturing sector is critical to realization of
Vision 2030 and is arguably the most important for job and wealth creation because of its back and forward
linkages with other sectors of the economy. The manufacturing sector mainly focuses on Agro-processing products,
textiles, leather, construction materials and machinery.
Relevance: Kenya’s Big 4 Agenda is quite relevant to the proposed project in many ways. The manufacturing pillar
is particularly important since most of the construction materials such as cement, tiles, nails, PPEs, must be
manufactured either locally or internationally. The project will therefore provide demand for locally manufactured
products.
2.2.3 National Environment Policy (NEP), 2013
Sessional Paper No. 6 of 1999 on Environment and Development since adoption by parliament in 1999 has been in
use and influenced the formation of EMCA in 1999 with 2015 amendments but has since been surpassed by time
and is therefore under revision to comprehensively cover areas that were previously left out to augment it. The
revised draft of the National Environmental Policy, dated April 2012, sets out important provisions relating to the
management of ecosystems and the sustainable use of natural resources, and recognizes that natural systems are
under intense pressure from human activities particularly for critical ecosystems including forests, grasslands and
arid and semi-arid lands. The objectives of the Policy include developing an integrated approach to Environmental
management, strengthening the legal and institutional framework for effective coordination, promoting
environmental management tools.
Relevance: The Project shall implement the Environmental and Social Management and Monitoring Plan (ESMMP)
to mitigate the impacts of the resulting impacts during the construction and operational phases of the project; this
will ensure that the sensitive ecosystems are not destabilized by the subsequent project activities.
2.2.4 National Land Policy, 2009
Chapter 2 of the policy is linked to constitutional reforms; regulation of property rights is vested in the government
by the Constitution with powers to regulate how private land is used in order to protect the public interest. The
Government exercises these powers through compulsory acquisition and development control. Compulsory
acquisition is the power of the State to take over land owned privately for a public purpose. However, the
Government must make prompt payment of compensation. Chapter 4 of the land policy under Environmental
Management Principles, the policy provides actions for addressing the environmental problems such as the
degradation of natural resources, soil erosion, and pollution.
2.2.5 HIV and AIDS Policy, 2009
The proposed project is to be implemented in an urban area. Urban areas have high prevalence cases of HIV and
Aids. This policy shall provide a framework to both the project proponent and contractor to address issues related
to HIV and Aids. In Summary the policy provides a mechanism for:
Relevance: The Policy will be complied with during implementation of the Project; the Contract will in cooperate in
tender document and implement HIV awareness initiatives during construction of the Project.
2.2.6 Gender Policy, 2011
The overall goal of this Policy Framework is to mainstream gender concerns in the national development process in
order to improve the social, legal/civic, economic, and cultural conditions of women, men, girls and boys in Kenya.
The policy provides direction for setting priorities. An important priority is to ensure that all ministerial strategies
and their performance frameworks integrate gender equality objectives and indicators and identify actions for
tackling inequality. In addition, each program will develop integrated gender equality strategies at the initiative
level in priority areas. Within selected interventions, the policy will also scale-up specific initiatives to advance
gender equality.
Relevance: This policy will be referred to during project implementation especially during hiring of staff to be
involved in the project, procuring of suppliers and sub consultants and sub-contractors to the project.
2.5 Legislative Framework
2.5.1 Constitution of Kenya 2010
Article 42 of Bill of Rights of the Kenyan Constitution provides that every Kenyan has a right to a clean and
healthy environment, which includes the right to have the environment protected for the benefit of present and
future generations through legislation and other measures. Part II of Chapter 5 of the Constitution (Environment
and Natural Resources), (I) the State clearly undertake to carry out the following: Ensure sustainable exploitation,
utilization, management and conservation of the environment and natural resources, and ensure the equitable
sharing of the accruing benefits; Work to achieve and maintain a tree cover of at least ten per cent of the land area
of Kenya; Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic
resources of the communities; Encourage public participation in the management, protection and conservation of
the environment; Protect genetic resources and biological diversity; Establish systems of environmental impact
assessment, environmental audit and monitoring of the environment; and eliminate processes and activities that are
likely to endanger the environment. Part (II) “Every person has a duty to cooperate with State organs and other
persons to protect and conserve the environment and ensure ecologically sustainable development and use of
natural resources.
Relevance: The Constitution of Kenya provides for sound management and sustainable development of all of
Kenya’s projects, both public and private investments. It also calls for the duty given to the project proponent to
cooperate with state organs and other persons to protect and conserve the environment.
2.5.2 The Environmental Management and Coordination Act (EMCA) Cap 387
The Act provides for the establishment of a legal and institutional framework for the management of the
environment and for matters connected therewith and incidental thereto. Just as in the New Constitution, Part II of
EMCA confers to every person the right to a clean and healthy environment and to its judicial enforcement. The
new Constitution and EMCA therefore obligates the project’s Executing Agency and Contractor to work in a clean
environment and not to contravene the right of any person within its zone of influence, to this entitlement. EMCA
has provided for the development of several subsidiary legislations and guidelines, which govern environmental
management and are relevant to the project implementation. These include:
The Environmental (Impact Assessment and Audit) Regulations, 2009 Legal Notice No. 101; the Environmental
Management and Coordination (Waste Management) Regulations, 2006 Legal Notice No. 121; the Environmental
Management and Coordination (Water Quality) Regulations, 2006 Legal Notice No. 120; the Environmental
Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 Legal Notice
No. 61; the Environmental Management and Coordination (Air Quality Regulations 2014); The Environmental
Management and Coordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources
and Benefit Sharing) Regulations, 2006 Legal Notice No. 160; environmental Management and Coordination
(Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulation, 2009; and the environmental
Management and Coordination (Controlled Substances) Regulations, 2007 Legal Notice No. 73.
Relevance: EMCA Cap 387 and above listed regulations will form the main statutory instruments which will guide
the implementation of the project so that any likely adverse impacts that could be caused by the project are
promptly mitigated as recommended in this study.
2.5.3 Environmental Management and Coordination (Noise and Excessive Vibration, and Pollution Control)
Regulations, 2009
These regulations prohibit under Section 3 (1) the causing of loud, unreasonable, unnecessary or unusual noise
which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment.
Noise levels as provided for in the First Schedule of these regulations are presented in table below.
Table 2.1: Maximum Permissible Intrusive Noise Levels
According to these regulations, Day means the time between 0601 hours and 2000 hours while night the time
between 2001 hours and 0600 hours. In compliance with these regulations:
a) Super-silent generators will be used;
b) There will be no construction at night;
c) Ear muffs will be provided to workers during construction;
d) Regular maintenance/repair of contractor’s vehicles and machinery will be enforced in order to minimize
vibrations and noise;
e) Any maintenance of construction vehicles and machinery will be carried out in the contractor’s yard that
may be onsite or off site; and
f) The construction site will be enclosed in accordance with NCA requirements to minimize noise levels
emanating from the construction site.
Relevance: All noise to be produced at the proposed site in all its phases shall be managed in accordance with the
guidelines in this report or from other authorities in control of noise. The Proponent shall be held
responsible for any environmental nuisance resulting from noise pollution at the proposed site and for any
other matter in contravention of these regulations.
2.5.4 County Government Act No. 17 of 2012
Part II of the Act empowers the county government to be in charge of function described in Article 186 of the
constitution, (county roads, water and sanitation, and health), Part XI of the Act 27 vest the responsibility of
planning and development facilitation to the county government with collaboration with national government, this
arrangement has been adopted for interventions in order not to conflict with provisions of the Kenyan Constitution.
Relevance: The project once commissioned by will be handed over to County Government of Siaya which has the
mandate of maintaining project during operation.
2.5.5 Physical and Land Use Planning Act No 13 of 2019
This is an Act of Parliament to make provision for the planning, use, regulation and development of land and for
connected purposes. Section 58(7) states that “any person applying for development permission shall also notify
the public of the development project being proposed to be undertaken in a certain area in such a manner as the
Cabinet Secretary shall prescribe”. Section 58(8) states that “the notification referred to under sub-section 58 (7),
shall invite the members of the public to submit any objections on the proposed development project to the relevant
county executive committee member for consideration”. This provision is consistent with the requirements of EMCA
Cap 387.
Relevance: Members of the public who live in Siaya town shall be accorded opportunity to give their views
regarding the proposed projects with a view to influencing decisions on matters that affect them.
2.5.6 Occupational Safety and Health Act (OSHA), 2007
This Act provides for the safety, health and welfare of workers and all persons lawfully present at workplaces where
any person is at work, whether temporarily or permanently. Part II of the Act on General Duties states the
following: Duties of occupiers according to: Section 6 (1) that, “Every occupier shall ensure the safety, health and
welfare at work of all persons working in his workplace”; Section 6 (2) (b), “Arrangements for ensuring safety and
absence of risks to health in connection with the use, handling, storage and transport of articles and substances”;
and Section 6 (2) (c), “The provision of such information, instruction, training and supervision as is necessary to
ensure the safety and health at work of every person employed”.
Relevance: The contractor(s) and the proponent will ensure the safety and health of those to be employed at the
site in all its phases. They will also be held responsible for any other matter in contravention of this Act. The EMP
advises the proponent and the contractor(s) on safety and health aspects, potential impacts, personnel responsible
for implementation and monitoring, frequency of monitoring, and estimated costs.
2.5.7 The 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
reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance
or condition liable for injurious or dangerous to human health. Such nuisance or conditions are defined under
section 118 and 28 include nuisances caused by accumulation of materials or refuse which in the opinion of the
medical officer of health is likely to harbor rats or other vermin.
Relevance: The Act provides guideline to the contractor on how he shall manage all wastes (Liquid and Solid
Wastes) emanating from the project in a way not to cause nuisance to the community, this Act during construction
shall be read alongside the waste management regulations of EMCA Cap 387 for utmost compliance.
2.5.8 Work Injury Benefits Act (WIBA), 2007
This is an Act of Parliament to provide for compensation to employees for work related injuries and diseases
contracted in the course of their employment and for connected purposes. An employee is a person who has been
employed for wages or a salary under a contract and includes apprentice or indentured learner. The proposed
project will adhere to the provisions of this act throughout the construction period of the project.
2.5.9 Way Leaves Act Cap 292
Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever,
provided it shall not interfere with any existing building or structure of an ongoing activity. Notice, however,
should be given one month before carrying out any such works (section 4) with full description of the intended
works and targeted place for inspection. Any damages caused by the works would then be compensated to the
owner as per this section 8 of the Act states that any person whom without consent causes any building to be
newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any
alternations will be done at his/her costs.
2.5.10 Kenya Roads Act, 2007
This is an Act of Parliament to provide for the establishment of the Kenya National Highways Authority, the Kenya
Urban Roads Authority and the Kenya Rural Roads Authority, to provide for the powers and functions of the
authorities and for connected purposes.
2.5.11 Urban Areas and Cities Act of 2011 (Rev. 2019)
The Urban Areas and Cities Act (UACA) operationalizes article 184 of the Constitution of Kenya 2010 on Urban
Areas and Cities. Section 13 of the Act makes provision for establishment of Cities while Section 14 makes
provision for establishment of Municipalities. Section 20 of the Act spells out functions of the board of city or
municipality which include promotion of and undertaking of infrastructural development and services.
2.5.12 The Public Roads and Roads of Access Act (Cap 599)
The act states in part that: “Where an order made under this section dictates a line of public travel, such a line of
public travel shall be absolutely dedicated to the public as public road within the meaning of any law now or
hereafter in force relating to public roads. In every order made under this section, the line of public travel shall be
clearly described.
2.5.13 The Environmental Management and Coordination (Waste Management Regulation , 2006)
Part II of the environmental management and coordination( waste management regulation, 2006 states that : 4.
(1) no person shall dispose of any waste on public highway , street, road or any pulic places except in a designated
waste receptacles. (2) Any person whose activities generatewaste shall collect , segaregrate and dispose or cause to
be disposed of such waste in a designated place waste disposal facility. In addition , the regulation state that :
5.(1) waste generator shall minimize the waste generated by adoptig the following cleaner production methods:
improevement of production process through; conserving raw materials and energy; eliminating the use of toxic
raw materials; reducing toxic emissions an wastes; monitoring the production cycle from bigining to the end by:
identifying and eliminating potential negative impacts of the product; enabling the recovery and re use of the
products where possible; reclamationand recycling; incoporating environmental concerns in the design and disposal
of a product. 6.(1) a waste generator shall segregate waste by separating hazardous wastes from the non
harzadous wastes and shall dispose off such wastes in such facility as shall be provided by the relevant authority
(23) no person shall engage in any activity likely to generate any harzadous wastes without a valid environmental
impact assesment license issued by the Authority under the provisions of the Act
2.6 On-site Health and Safety Management measures during the COVID-19 Pandemic (3rd April, 2020)
The following measures have been recommended by the Government of Kenya and the National Construction
Authority to enhance safety and welfare of construction workers during the COVID-19 Pandemic.
1. Each construction site shall have an occupational health and safety officer/or a person in charge of the site
sensitized on COVID-19 (names to be submitted to the respective NCA regional offices). Contractors to create
awareness amongst their site workers on COVID-19 and minimize chances of stigmatization and all construction
works to be registered with National Construction Authority through the online platform
2. Body temperatures of construction workers and any other personnel visiting the site should be taken on arrival at
the construction site and when they leave for home using non-contact infrared thermometer.
3. Contractors are to employ administrative controls to aid in site worker separation and reducing people density
through rotating shifts, separating trades/crews by piecework and other scheduled alternatives in line with the
stipulated working hours by the Government of Kenya. For larger projects, separate entry/exit gates may be
required.
4. Anyone who has a fever or flu-like symptoms, is vulnerable (by virtue of their age or underlying health conditions)
or is living with someone in self-isolation should not be allowed access to site. If a construction worker develops a
fever or flu-like symptoms while at work, they should be advised accordingly, return home immediately and follow
the Ministry of Health’s guidelines on self-isolation. The worker should not return to work until their period of
self-isolation has been completed and upon clearance by a medical doctor from a government Institution.
5. Sites entry systems that require skin contact, such as fingerprint scanners should be removed. Work requiring
skin to skin between workers’ contact should not be carried out. Sites should not be accessed by non-essential
visitors/persons.
6. In addition to the normal construction site personal protective equipment (PPE) meant to protect the workers
from hazards and dangers on the site, construction workers should be provided with facemasks and long-sleeved
aprons for protection against COVID-19 infection from contaminated surfaces. Re-usable PPE should not be
shared between workers and should be thoroughly cleaned after use. Disposable PPE should be disposed properly
so that it cannot be reused. All equipment, plants and tools must be sanitized at the start of works twice daily, in
the morning and at closure of site.
7. Hand cleaning facilities should be provided at site entrances and exits. These should have soap and clean running
water wherever possible or alcohol-based hand sanitizer if clean running water is not available. All workers should
wash or sanitize their hands severally and before entering or leaving the site.
8. Site cleaning regime should be increased and enhanced. Communal areas, toolboxes and machinery and common
contact surfaces should be cleaned and disinfected regularly.
9. Mobile money/online banks transfer systems for payment of wages and salaries is highly encouraged. Workers’
mobile phones must also be sanitized in the morning.
10. The COVID-19 toll free number should be displayed on site.
11. Sites should be closed no later than 4pm in time for workers to be home by the start of the (9 pm-5am)
curfew imposed by the Minister for Interior.
Relevance: COVID-19 is a life-threatening disease the world over and affects all sectors of the economy including
the construction sector. The above listed measures are quite relevant to the proposed project since many people,
especially the youth shall be hired to provide both skilled and unskilled labour.
2.7 Institutional Structure of the Road Sector
2.7.1 Kenya Urban Roads Authority (KURA)
Kenya Roads Act, 2007 gives the mandate of KURA as the Management, Development, Rehabilitation and
Maintenance of National Urban Trunk Roads with the aim of providing and managing quality, safe and adequate
urban road network. The functions of the Authority shall be to have the responsibility for the management,
development, rehabilitation and maintenance of all public roads in the cities and municipalities in Kenya except
where those roads are national roads. For the purposes of discharging its responsibility under subsection the
Authority shall have the following powers and duties: constructing, upgrading, rehabilitating and maintaining roads
under its control; controlling urban road reserves and access to roadside developments; Implementing roads policies
in relation to urban roads; Ensuring adherence by motorists to the rules and guidelines on axle load control
prescribed under the Traffic Act (Cap. 403) and under any regulations under this Act; ensuring that the quality of
road works is in accordance with such standards as may be defined by the Minister; In collaboration with the
Ministry responsible for transport and the Police Department, overseeing the management of traffic and road
safety on urban roads; monitoring and evaluating the use of urban roads; Planning the development and
maintenance of urban roads; Collecting and collating all data related to the use of urban roads as may be necessary
for efficient forward planning under this Act; preparing the road works programs for all urban roads; liaising and
coordinating with other road authorities in planning and on operations in respect of roads; advising the Minister on
all issues relating to urban roads; and performing such other functions related to the implementation of this Act as
may be directed by the Minister.
Relevance: The proposed project shall be implemented along the road reserves that are owned by KURA and
therefore KURA shall be consulted to avoid any conflicts
2.7.2 Municipal Boards
Municipal Boards are established as per the Urban Areas and Cities Act of 2011. Section 21 of the Act states
that: ssubject to the Constitution and any other written law, the board of a city or municipality shall, within its
area of jurisdiction: exercise executive authority as delegated by the county executive; ensure provision of services
to its residents; impose such fees, levies and charges as may be authorised by the county government for delivery
of services by the municipality or the city; promote constitutional values and principles; ensure the implementation
and compliance with policies formulated by both the national and county government; make bye-laws or make
recommendations for issues to be included in bye-laws; ensure participation of the residents in decision making, its
activities and programmes in accordance with the Schedule to this Act; and exercise such other powers as may be
delegated by the county executive committee. Siaya Municipal Board is responsible for provision of infrastructure
and services to the residents of Siaya Municipality. Siaya Municipal Board is the proponent of the proposed project.
2.7.3 NEMA Compliance
The government established the National Environmental Management Authority (NEMA) as the supreme regulatory
and advisory bodies on environmental management in Kenya under EMCA Cap 387. NEMA is charged with the
responsibility of coordinating and supervising the various environmental management activities being undertaken by
other statutory organs. NEMA also ensures that environmental management is integrated into development
policies, programs, plans and projects.
2.7.3.1 Sectorial Integration
This integration encourages provision of sustainable development and a healthy environment to all Kenyans. The
key functions of NEMA through the NEC include policy direction, setting national goals and objectives and
determining policies and priorities for the protection of the
a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental
impacts.
b) Category B: A proposed project is classified as Category B if it’s potential adverse environmental impacts on
human populations or environmentally important areas—including wetlands, forests, grasslands, and other
natural habitats—are less adverse than those of Category A projects.
2.7.3.2 Project Implementation Institutional Structure
The proposed project shall have an established implementation system that has clear provisions for environmental
and social integration through the Environmental Division. An ideal project management structure proposed for the
organization in this project has the following components:
a) The Contractor: The contractor will be required to establish an environmental office to continuously advise on
environmental components of the project implementation. Elements in the environmental and social management
plan should be integrated in the project with appropriate consultations with the proponent through the
supervising environmental expert. The environmental officer of the contractor is also expected to fully understand
the engineering and management aspects of the project for effective coordination of relevant issues.
b) The Supervisor: The supervisor will be engaged by the project proponent to ensure effective implementation of
the environmental management plan. It is expected that supervisor engages the services of an environmental
expert who should in return understand the details of the recommendations on environment management and
especially the proposed action plans, timeframes and expected targets of the management plan. The
environmental supervisor expert should also be the liaison person between the contractor and the County
Government of Siaya on the implementation of environmental concerns as well as issues of social nature
associated with the Project.
2.7.3.3 Managing the Risks of adverse Impacts on Communities from Temporary Project Induced Labour
Influx
All phases of the project will result to employment of personnel who will work either on temporal basis or
permanent basis. These personnel will be subjected to the requirements of Kenya’s Work Place Injuries and Benefits
Act (WIBA 2007). In addition, the World Bank labour influx good practices for managing the risks of adverse
impacts on communities from temporary project induced labour influx will also be applicable. This provides guidance
on identifying, assessing and managing the risks of adverse social and environmental impacts that are associated
with the temporary influx of labour resulting from Bank supported projects. It also contains guiding principles and
recommendations to be considered as part of the design and implementation of projects with civil works that
require labour from outside the project’s area of influence. It does not introduce new requirements, but rather seeks
to provide concrete guidance on how to approach temporary labour influx within the environmental and social
assessment process. The key principles are as follows: -
Reduce labour influx by tapping into the local workforce: The most effective mitigation measure against labour
influx is to avoid or reduce it. Depending on the size and the skill level of the local workforce, a share of the
workers required for the project may be recruited locally. This is generally easier for unskilled workers, while more
specialized staff (typically required in smaller numbers) frequently will be hired from elsewhere. Depending on the
requirements of the project and their skill level, it may be possible to train local workers within a reasonable
timeframe to meet project requirements. This may be more likely if such trained staff is needed afterwards for the
operation and maintenance of the new infrastructure.
Assess and manage labour influx risk based on appropriate instruments: The assessment and management of
labour influx should be based on risks identified in the ESIA (if available), other Bank-required assessments, and
the Bank’s sector-specific experience in the country. Depending on the risk factors and their level, appropriate
mitigation instruments need to be developed. This may range from broad requirements set out in the ESMP in a
low-risk environment, to the need to develop more specialized instruments, such as a site-specific Labour Influx
Management Plan and/or a Workers’ Camp Management Plan (or other instruments with similar purpose) in a
high-risk environment. Risk factors to consider include, but are not limited to, the following: Weak institutional
capacity of the implementing agency; Predominant presence of contractors without strong worker management
and health and safety policies; Anticipated high volumes of labour influx; Pre-existing social conflicts or tensions;
Weak local law enforcement, Prevalence of gender-based violence and social norms towards it in the community;
and Local prevalence of child and forced labour.
Incorporate social and environmental mitigation measures into the civil works contract: Most adverse
impacts from labour influx can only be mitigated by the contractor commissioned by the proponent to carry out
the works. It is therefore paramount that the responsibilities for managing these adverse impacts are clearly
reflected as a contractual obligation, with appropriate mechanisms for addressing non-compliance. This allows the
proponent to enforce the implementation of such mitigation measures, which are required to ensure the
proponent’s own compliance with the policy requirements. While the policy organizations review and clears
project-level safeguard instruments (such as ESIA/ESMP).
CHAPTER THREE: BASELINE INFORMATION OF THE PROJECT AREA
3.1 Introduction
This section provides detailed information of the site where the project is to be undertaken. It broadly examines the
location and size, structuring elements, physiographic profile, population composition and dynamics, social and
economic forces both visible and invisible as they operate and the stimuli the project is likely to inject. All major
parameters are assessed to establish their capacities and abilities. Baseline information provides a basis to ascertain
the implication of the development process and determine the mitigation measures to be undertaken or suitable to
ameliorate the identified impacts.
3.2 Location of Siaya Town in Siaya Municipality
Siaya town is located in Siaya County, Kenya. Geographically the town is located at latitude 643137.52 m E and
longitude 6511.56 m N. Administratively Siaya town is the county headquarters housing all the county offices. The
municipality boundary covers four wards administrative unites which include: Central Alego, Siaya Township, South
East Alego and North Alego. The municipality is comprised of 12 urban centres namely: Siaya, Boro, Mbaga,
Ndere, Segere, Liganua, Southlands, Rabango, Ramba, Ombwede, Awelo, and Usenge. Siaya town is the highest
rank of urban centres within the municipality. It has an estimated population of 120,684 persons (2019 census)
and serves as the County headquarters as well as commercial and education hub for the municipality.
3.3 Structuring Elements
There are a number of natural and manmade elements that structure the spatial form of the town. For instance, the
spatial form of Siaya town is dictated by Mbaga hill which serves as the highest elevation point of the municipality.
On the other hand, roads not only facilitate communication and flow of goods and serves but also define human
settlement patterns. As such, most of the developments in the municipality are configured by roads. In the recent
times, learning institutions have acted as magnets around which human settlements develop. Such institutions
include the Jaramogi Oginga Odinga University of Science and Technology (School of Agriculture and Food
Sciences, Siaya Campus), Kenya Medical Training College, Siaya institute of technology among others.
Figure 3.1: Location and Structuring Elements of Siaya Municipality
3.4 Physiographic Characteristics
3.4.1 Relief and Topography
The altitude of the municipality rises from 1,140m on the shores of Lake Victoria to 1,370m above sea level on the
North. The highest point in the municipality is Mbaga hills 1370m and the lowest point is 1190m Kalejuok dam.
The municipality is engulfed between River Nzoia and Yala. The low altitude areas of Boro, Uranga, Uyoma and
Wagai receive less rainfall and thus are suitable for cotton growing and drought resistant crop varieties.
Figure 3.2: Siaya Municipality Terrain Model
3.4.2 Geology and Soils
The municipality is composed of Nyanzian and Kavirondian rocks, known as the Nyanza Craton, considered as
oldest rocks in the country (over 2,500 million years). The Nyanzian system is mainly composed of lavas and
pyroclastics with minor sediments and banded ironstones. The Kavirondian, which rests uncomfortably on the
Nyanzian, consists of grits, sandstones, greywackes and conglomerates. Both the Nyanzian and Kavirondian
systems are isoclinally folded about axes that have an east-westerly trend. Kavirondian, is only slightly younger
than Nyanzian but folding in the two systems has similar orientation. Numerous granitic bosses and batholiths have
intruded the Nyanzian and Kavirondian. The Kavirondian intrusions were more but the pre-Kavirondian are also
widespread and the two systems are discernible. The Archean Nyanzian Craton in Siaya County with metallic
mineralization of base and precious metals are known to occur: gold, copper and silver have been mined in the past.
These rocks include basalts, desites and rylites, that consist of course and fine aggregates used in the construction
industry. They are also potential for ferrous and no-ferrous metals. The main soil type is ferrasols and its fertility
ranges from moderate to low with most soils being unable to produce without the use of either organic, inorganic
or in most cases both types of fertilizers. Most of the areas have underlying murram with poor moisture retention
3.4.3 Climate
The Municipality experiences a bi-modal rainfall pattern, with long rains being experienced between March and June
and short rains between September and December. The rainfall amount in the municipality ranges between 800mm
–2,000mm per annum. Temperatures vary with altitude rising from 21°C to 22.50° C. Humidity is relatively high
with mean evaporation being between 1,800mm to 2,200mm per annum in the municipality. The relative humidity
ranges between 73 per cent in the morning and 52 per cent in the afternoon. Due to high rainfall experienced in
the Municipality during parts of the year, there is need for proper management of storm water to avoid urban
flooding.
3.4.4 Fauna and Flora
The variety of wildlife found in the adjacent regions around Siaya town which include hippopotamus (Lake Victoria,
River Yala), crocodiles (Yala Swamp, parts of Lake Victoria), Sitatunga (Yala Swamp), monkeys and leopards. The
town mainly has grass, some shrubs and minimal number of trees similar to many areas within Siaya municipality.
Grass and trees grow on the seasonal floodplain and stands of acacia occur throughout the landscape of the town.
Table 3.1: Trees, Shrubs and Grass Species in Siaya Town
Trees Grasses Shrubs
1. Eucalyptus saligma 2. Eucalyptus camaldulensis 3. Ficus sir 4. Thevetia peruviana 5. Acacia drepanolobium 6. Melia azadarach 7. Syzygium icumini Olea europaea
8. Leucaena leucoephala 9. Mangifera indica 10. Psidium guajava 11. Vipris nobilis 12. Euphorbia tirucalli 13. Spathodea capense 14. Podocarpus spp. 15. Marchamia lutea Carisea spinarum
1) Brachiaria brizantha 2) Cynodon dectylon 3) Digitaria scalerum 4) Pennisetum porporeum 5) Sporobolus pyranidalis
1) Lantana camara 2) Caesalpinia decapetala 3) Tithonia diversifolia 4) xmenia Americana 5) comelina bengalensis
Plate 3.1: Trees, Shrubs and Grass Species in Siaya Town
3.4.5 Drainage
The municipality has a naturally undulating terrains with a large network of natural streams for drainage
evacuation. In Siaya town, combined sewers are also in place to provide relief although, there lacks an organised
drainage system. This poses a risk of flooding to the booming infrastructural development and growth of the
municipality, especially in low lying areas. A planned approach, therefore, is required to be initiated in this sector.
Further, there lacks a structured policy or strategy on urban and rural stormwater management. Stagnated storm
water drainage in any locality has negative environmental, health and economic impacts, and inconveniences urban
functions. Storm drainage systems are
key environmental infrastructure
facilities for effective management of
storm water especially in high rainfall
areas. Plate 3.2 shows the state of
storm water management in a section of
Siaya Town. The presence of stagnant
water in town shows that storm water is
poorly managed. These pools of water
are not only potential dumping sites for
solid waste but also breeding grounds
for mosquitoes
3.5 Land
3.5.1 Land Tenure
Land ownership in Siaya county is categorized as either private land, public land and community land as per Land
Registration Act 2012. Private land forms most of the land in the county which is owned by private individuals.
However, public land is also available especially within the urban core which makes the inner and outer Central
Business District (CBD). The total area coverage of the municipality is 67km² with 30% being urban land and the
69.5 being peri-urban land.
Table 3.2: Surface Areas by Category
Category Area (Km2)
Total Area 67
Urban land 20.3
Peri-urban land 46.2
Water Mass 0.5
Source: Department of Lands, County Government of Siaya
3.5.2 Land Use
Baseline information on urban land use is critical because land uses influence storm drainage infrastructure needs.
The major urban land use categories in Siaya Municipality
include: residential, industrial, commercial,
transportation, public purpose, public utilities, urban
agriculture, educational and recreational/nature
conservation. Figure 3.3 is a Draft Local Physical
Development Plan of Siaya Town showing extended CBD
which was prepared in 2006.
Residential: Residential land use occupies the largest
share of urban land use. This is because the
increasing population of urban population require
shelter as a basic necessity. Residential areas are
categorized into low density (LDR), medium density
residential (MDR) and high density residential (HDR).
The EIA team observed that Siaya Town is
characterized by mixed residential development since
there are no specific areas set aside for high, medium and low-income neighbourhoods. Some of the residential
estates in town include: Pandi, Awelo, Odiedo, Karapul, Rabango, Banana, Kaindakwa, Mbaga and Alingo.
These residential areas are high generation points for both vehicular and human traffic and hence the need to
well-planned and developed storm water management.
Industrial: Siaya Town is not largely an industrial town but there is evidence of light industrial activities
including jua-kali, petrol service/filling stations, agro-processing; posho mills, among others. Most people who
work in industrial sites use non-motorized modes of transport such walking and cycling. They also use
handcarts to transport their raw materials and products.
Educational: Siaya Town is slowly but surely coming up as an educational town with the presence of University
College (Jaramogi Oginga Odinga University of Science and Technology, Barak Obama Campus); Siaya
technical Institute; Kenya Medical Training College; and other middle level colleges. Secondary Schools in town
include:
Table 3.3: Primary and Secondary Schools in Siaya Town
Primary Schools Secondary Schools
1. Mulaha
2. Siaya Township
3. Karapul
4. Siaya Central
5. Kirindo
6. Awelo
7. Mbaga
8. Mbaga Girls Boarding
9. Hono
10. Gombe
1. Mulaha
2. Siaya Township
3. Siaya Central
4. Holy Cross
5. Mbaga Mixed Secondary
6. Hono
Public utilities: Public utilities include electricity supply, water supply and sanitation, public
cemeteries/crematorium, landfills; among others. Provision of water and sanitation services is the core mandate
of the county government through Siaya Water and Sanitation Company. The town is served with piped water
and sanitation infrastructure is lugging behind and most people rely on on-site disposal facilities to dispose of
waste water and human waste.
Commercial: Siaya Town is a commercial town. There are several commercial activities in town including:
Supermarkets, wholesale and retail provisional stores; bookshops; eateries; hawking; charcoal and water
vending; open and covered markets; cyber cafes; Financial Institutions (Equity Bank, Cooperative Bank,
Commercial Bank; among others); Mobile Money Transfer Services (e.g. M-Pesa); butcheries; shoe-shining;
courier services; beauty parlours; Chemists; among others.
Public purpose: Siaya Town has been the administrative seat of Siaya District (Now Siaya County) for so many
years. Much of the land within the extended Central Business District is actually used as Public Purpose
including but not limited to: Governor’s Offices; Office of the President (County Commissioner’s Office),
Offices for various ministries (Lands, Physical Planning and Housing); Agriculture, Livestock Development and
Fisheries; Health; Environment, Energy and Natural Resources; Police station; GK Prisons; Planning and
National Development (Treasury); Civil Registration, Public Works, Transport and Infrastructure; Trade,
Industrialization and Tourism and Education. Other public purposes include worship centres (Mosques and
churches).
Transportation: Transport infrastructure is the heartbeat of any functional urban human settlement as it serves
to connect all the land uses especially those far divorced from each other. Transport infrastructure enables
incompatible land uses to be placed far from each other but remain connected. Siaya Municipality is currently
served by a hierarchy of road transport infrastructure.
Urban Agriculture: Much of the land in Siaya Municipality is still under agricultural and livestock
production. This is particularly so for extended areas outside
the CBD. Crops grown mainly include maize, beans,
vegetables, bananas. Livestock kept include: cattle; Sheep,
goats), poultry and pigs, among others. With time, the land
currently under agricultural use will gradually change use to
other urban land uses such as residential and commercial use.
Recreation/Conservation areas: Recreational activities
include stadia and play fields; entertainment/ amusement
joints (e.g. cinema halls), arboretum, among others.
There is a designated stadium in Siaya Town that is also
used for national functions. Conservation areas include
natural areas of ecological importance such as wetlands,
forests, riparian reserves, National/Game Reserves; water bodies; among others. Siaya Municipality is not well
endowed with conservation areas save for Mbaga Hill which is rich in indigenous biodiversity. The hill provides
a habitat for birds and serves as a carbon sink. There are also a few wetlands and water bodies within the
municipality.
Satellite Imagery Analysis (SIA) of the current land cover in the municipality is categorized as: Built-up areas -
entailing the built environments (settlements) which may include Residential, Industrial, Educational,
Commercial, Transportation and other built functions. This constitutes 23.7% of the tall land area; Bare land -
including undeveloped land which occupies 4.6% of the total land area; Dense vegetation cover-including
Plate 3.3: Urban Agriculture in Siaya Town
forested areas especially along hilly grounds. It covers 25% of the total land area; and Partial
vegetation/agricultural lands- entails cultivated land, fallow land, horticultural, range land as well as crop fields
which constitutes for 46.7% of the total land area.
Figure 3.4: Siaya Municipality Land Classification (Satellite Imagery Analysis)
3.6 Population Dynamics
3.6.1 Population Size and Composition.
Siaya municipality has a population estimated at 120,684 persons with 48% being male and 52% female. Siaya
township constitutes 34% of the total municipal population while 67% is shared between North Alego (22%),
Central Alego (24%), and South East Alego (20%). The table 3.2 show the distribution of the population in the
municipality per ward.
Table 3.4: Population Distribution in Siaya Municipality
Municipality Ward 2019 Census Population Male Female Density (persons/Km²)
Siaya
Municipality
Siaya Township 40,201 19,245 20,956 1,008
North Alego 27,011 12,889 14,121 452
Central Alego 28,914 13,595 15,317 326
South East Alego 24,558 11,620 12,938 454
Total 120,684 57,358 63,326 2240
Source: KNBS 2019
3.6.2 Population structure of Siaya Municipality
The population structure reals a population of a higher percentage of young generation (2019 census). The figure
3-5 show the pyramid of Siaya municipality population structure.
Figure 3.5: Population Structure in Siaya Municipality
3.7 Economy
Industrial development in Siaya town is slowly picking up. Although the town lacks heavy and medium industries,
there is an expanding small-scale Jua kali industries. This notwithstanding, there is need to explore potential
industries and establish partnerships in this sector to boost the economy. Being the County headquarters, Siaya has
locational and strategic advantage for economic growth as it links Kisumu City, Bondo town, Busia town through
Ugunja and Port Victoria through Nyadorera. Further, many economic activities in the town revolves around basic
farming and trade. Transportation activities such as boda, small scale business in households and fishing related
activities, dominate the economic sector. There are also small-scale food kiosks that needs nurturing that keeps
many households in terms of employment creation the residents of Siaya.
CHAPTER FOUR: PROJECT DESCRIPTION
4.1 Introduction
This chapter provides detailed description of the proposed project and associated activities; and project alternatives.
4.2 Project Location
This Environmental and Social Impact Study Report has been prepared for the proposed storm drains in Siaya Town,
Siaya Municipality. The Municipality is located in Siaya Sub-County of Siaya County.
GPS Coordinates and altitude: The project area is defined by the GPS coordinates at Latitude: 643137.52 m E
and longitude 6511.56 m N.
4.3 Materials
The table details some of the construction materials to be used and their sources
Table 4.1: Summary of the main construction material input into the proposed project
Materials Sources Uses
Sand Suppliers near the proposed site Input in making storm drains Stones Suppliers near the proposed site Reinforcement of storm drains
Soil From site after excavations Levelling, refilling and landscaping works
Cement (ordinary and water-
proof)
Hardware shops in town Preparation of concrete for joinery purpose
and making ballast for reinforcement
concrete
Making drainage covers Ballast and/or hardcore Suppliers near the proposed site Preparation of aggregate for making slabs
and reinforcement concrete Timber Timber yards near the proposed
site
Roofing and making doors
Water Siaya Water and Sanitation
Company (SIWASCO)
Input in the construction works for dust
suppression and preparation of concrete and
aggregate and cleaning
Twisted wires (Y10, Y12), R6
and binding wires
Hardware stores in town Constructing storm drains
Table 4.2: Vehicles and Equipment Required
2No 10-Ton Trucks
1No 9-Ton Water Bowser
1No 4x4 Double Cabin Car
1No. Pedestrian Roller
1No. Block Chain
1No. Pressure Compressor
1No. Generator for lighting during site works
2No. Welding Machines
2N. 0.25m3
Concrete mixer
2No. Poker vibrators
1No. Water Pump
1No. Dumpy levels
1No. Total Station
1No. First Aid Kit
Full Set of Survey Equipment
Hand tools
10 No. Wheelbarrows
2No. 100m Tape measures
4 No. 5m Tapes
Other Construction materials
4.4 Project Implementation in Phases
The project shall be implemented in phases as detailed in this section
approval of engineering designs by relevant authorities
testing of construction materials by relevant authorities
recruitment of necessary staff as per the scope of work
Establishment of site office and store
training of staff especially on occupational safety and health
sensitization of staff on HIV and AIDS; sexually transmitted diseases; other communicable diseases such as
COVID-19; substance and drug abuse
Raising Bill Boards at strategic points
procurement of necessary equipment/machinery
Clear interpretation of Bills of Quantities by skilled staff
Clear interpretation of the Work Plan by skilled staff
Site visits by core staff
The works shall include but not limited to: -
cordoning-off the construction area with red ribbon
removal of any unwanted human activities (e.g. kiosks) encroaching on road reserve
procurement and storage of construction materials at suitable area
Excavation to remove unsuitable materials
Improvement/construction of drainage facilities
Maintenance of the works during the construction and maintenance periods
Traffic management through the works and from the works
Relocation and/or protection of other services including but not limited to electric poles, water pipes, sewerage
system and communication cables
supervision of construction works
daily recording of incidences e.g. accidents
Any other works as instructed by the Project Engineer and/or as specified in this report
Activities to be carried out during the operational phase of the storm drainage include: -
regular cleaning to remove solid wastes
regular desilting of the drains
regular maintenance of the drains
enforcement of Municipal By-laws while ensuring garbage is not deposited in the drains; ensuring that
structures are not erected on the storm drains; ensuring that liquid wastes such as human waste and waste
water are not directed into storm drains
routine checks of the storm drains
A third phase of the project i.e. decommissioning is possible. A number of factors may contribute to the need for
decommissioning including; End of project life, an order by a court of law due to non-compliance with existing
regulations, change of user, natural calamities, among others. Upon decommissioning, the project’s drainage
systems will be demolished. This will produce a lot of solid waste which can be re-used for other construction works
or if not re-usable, disposed of appropriately by a licensed waste disposal company. The following activities are
envisaged during the decommissioning phase:
Activities involved during the decommissioning phase of the storm drainage include: -
procurement (through open tender) of services of a registered and licenced firm to carry out the demolitions
and restoration of site
notifying the public about the proposed decommissioning through Bill Board
cordoning-off the site to avoid risk to members of the public passing by
acquisition of equipment and machinery
actual demolition of the storm drains
removal, transportation of used construction materials and depositing the same at appropriate site
recovery of re-usable construction materials to avoid wastage
restoration of the site to its original condition through landscaping with appropriate grasses and ornamental
shrubs/trees
ensuring that other infrastructure facilities are not destroyed during the decommissioning exercise
recycling of some materials to reduce entry to the environment
Obtaining restoration certificate from the National Environmental Management Authority (NEMA)
a) Dismantling of equipment and fixtures: All infrastructure will be dismantled and removed from the site on
decommissioning of the project. Priority will be given to re-use of these construction materials in other projects.
This will be achieved through resale of the equipment to other investors/contractors or donation to charitable
organizations within the area.
b) Site restoration: Once all the demolition and dismantling works are over and wastes removed from the site,
there will be restoration of the sites through replenishment of the top soil and re-vegetation using indigenous
plant species.
4.4.6 Negative impacts and mitigation measures during project decommissioning period
At this phase, activities will mainly involve removal of storm drains. The negative impacts associated with
decommissioning are contained in table 4.3
Table 4.3: Negative Impacts and Mitigation Measures during Project Decommissioning Period
Impacts Proposed Mitigation Measures
Exposure to occupational
health and safety risks
Adhere to the mitigation measures suggested on the negative impacts on
Occupational Health and Safety Setting and proposed mitigation measures during
construction.
Loss of assets & sources of
livelihood
Structures or assets along the road reserves will be displaced, this will require
relocation and compensation for loss of livelihood.
Interruption of public utilities
& blocking access to property
adjacent to the road
Adhere to the mitigation measures suggested on negative impacts on social
economic setting and proposed mitigation measures during construction.
Generation of solid waste
from decommissioning
activities
Debris/waste material disposal should be in accordance to the Waste Management
regulations 2006. Decommissioning wastes to be collected at designated points
and Contractor to ensure disposal is done at a licensed solid waste dumping site
approved by the Siaya County Government. Environmental Management, Health
and Safety Training Programmes to be conducted for Contractor’s Staff to create
awareness on proper solid wastes management
A summary of outcomes of stakeholder consultations undertaken during preparation of this ESIA is as presented
below: -
The current status of storm management system is poor making the risk of flooding high.
Priority for employment should be given to the local residents.
The project contactor should consider acquiring the necessary construction materials from the local community.
The community should be notified earlier before commencement of project construction.
4.5 Project Alternatives
The ESIA Team evaluated various alternatives to the proposed project with a view to establishing whether there
were other more suitable alternatives.
a) No Project alternative: The No Project alternative means that the proposed project will not be implemented
nor will any other project be implemented. This alternative will not be for the best interest of residents of Siaya
town who desperately desire to have an efficient storm drainage infrastructure provided, operated and properly
maintained.
b) Alternative Project: Other alternative projects that may be implemented in town within the framework of
Kenya Urban Support Program expenditure menu include: High Mast Flood Lights; Urban Beautification;
upgrading of roads to bitumen standards; sanitation; among others. It is worth noting some of these projects
were commissioned are currently being implemented.
c) Alternative Materials: The construction materials proposed to be used during construction of storm drainage
infrastructure are the best that were approved by Material Engineer and Quantity Surveyors. Therefore, no
alternative materials are recommended to be used.
d) Alternative Area: The proposed project is to be implemented at the heart of Siaya Town, Siaya Municipality
since that is the busiest part of the Municipality with a myriad of socio-economic activities. Most people come
for services in the proposed area of town which is also the image of the Municipality and the entire county. The
project area was identified and approved during the citizen forum held earlier and therefore the said project
cannot be implemented anywhere else without consent of the residents of Siaya town.
e) Alternative Technologies: The technologies proposed to be used during construction of storm drainage
channels are considered to be the most current and cost-effective. The technologies were approved by experts
and therefore no alternative technologies are recommended.
f) Alternative Engineering Designs: The engineering designs for the storm drains are considered to be the best
given the existing conditions thus: soils and geology; climatic characteristics and topography: among others.
Conclusion: After taking all alternatives into consideration, this study concludes that the Storm Drainage Project is
the most suitable project to be implemented in Siaya Town during this financial year in line with the wishes of the
residents.
4.6 Project Budget
The project is estimated to cost a total of Ksh. 150M (the actual cost will be determined in the detailed bill of
quantities).
CHAPTER FIVE: IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS
5.1 Introduction
As a result of the implementation of the proposed project, anticipated potential impacts shall be experienced on the
project area, within the neighbourhood and multiplier effects on small scale shall transcend the zone. For the
purpose of writing this plan, potential impacts (whether direct, indirect or ultimate), are assessed at various phases
of the project cycle thus: construction, operational and decommissioning phase.
This chapter presents and assessment of the issues likely to arise as a result of implementation of the proposed
project. For each issue, the analysis is based on its nature, the predicted impact, extent, duration, intensity and
probability, and the stakeholders and/or values affected. In accordance with best practice, the analysis includes
issues relating to the project's environmental and social sustainability.
5.2 Definition and Classification of Environmental Impact
An environmental or social impact is any change to the existing condition of the environment caused by human
activity or an external influence. Impacts may be:
Positive (beneficial) or negative (adverse);
Direct or indirect, long-term or short-term in duration, and widespread or local in extent.
Impacts are termed cumulative when they add incrementally to existing impacts. In the case of the Project,
potential environmental impacts would arise during the construction, operation and decommissioning phases of the
Project and each stage positive and negative impacts would occur.
5.3 Impact Significance
The purpose of this report is to identify the significant impacts related to the project under consideration and to
determine the appropriate means to avoid or mitigate those, which are negative.
Significant impacts are defined, not necessarily in order of importance, as being those which:
Result in Loss of property and of livelihood.
Relate to protected areas or to historically and culturally important areas;
Are of public concern and importance.
Trigger subsequent secondary impacts.
Elevate the risk to life threatening circumstances.
Affect sensitive environmental factors and parameters.
5.4 Construction Phase
Construction and occupation phases of the proposed storm drainage system shall have a bearing on site
physiography, utility services such as water and electricity, space use and densities, the horizon profile and human
aspects that espouse labour, incomes and new opportunities.
5.4.1 Positive Impacts
The positive impacts of the proposed project include:
Opportunities for specialized services provided by private consultants (Engineers, Urban Designers,
Environmentalists, economists, transport planners, sociologists, Surveyors, among others)
Opportunities for registered and licenced Contractors
increased income for local service providers (especially suppliers of cooked food to workers)
Increased market for construction materials (increased income for local suppliers)
Reduction in crime rate as more casual workers get engaged in income-generating activities
Proper management of storm water in town
Reduction in urban floods
Better quality of life and dignity for the residents
improved aesthetics in town
Possibility of the Municipality attracting more investors due to improved infrastructure and services
Increased flow of money locally- local purchases of goods and services
Local financial institutions shall also benefit immensely as more people deposit and withdraw cash
Employment opportunities: One of the main positive impacts during projects construction phase is the
availability of employment opportunities especially to casual workers and several other specialised workers.
Employment opportunities are of benefit both economically and in a social sense. In the economic sense, it
means abundant unskilled labour will be used in construction hence economic production. Several workers
including casual labourers, masons, carpenters, joiners, electricians, and plumbers are expected to work on the
site from start to the end. Apart from casual labour, semi-skilled and unskilled labour and formal employees are
also expected to obtain gainful employment during the period of construction.
Improving growth of the economy: Through the use of locally available materials during the construction
phase of the project including cement, concrete and ceramic tiles, timber, sand, ballast and electrical cables
among others. The project will contribute towards growth of the economy by contributing to the gross
domestic product. The consumption of these materials, fuel oil and others will attract taxes including VAT
which will be payable to the government hence increasing government revenue while the cost of these raw
materials will be payable directly to the producers.
Boosting of the informal Sector: There are usually several informal businesses, which come up during the
construction periods of such projects. These include activities such as food vending who benefit directly from
the construction staff members who buy food and other commodities from them. This will promote the informal
sector in securing some temporary revenue and hence livelihood.
Competitiveness of the town: Upon completion of the proposed investment project, Siaya town will become
highly competitive to investors including Foreign Direct Investment.
Market for petroleum products -for both vehicles and machinery used in construction
5.4.2 Negative Impacts
Environmental and Social Impacts: These include:
Loss of vegetative (green) cover along the road reserve
Generation of solid waste (stone debris, plastic bags, cement bags, metallic wastes, etc)
Improper dumping of excavated materials (soil) may cause environmental challenges in town
Excess use of water/uneconomical use of limited fresh water
increased surface run-off due to increased impervious surfaces
displacement of economic activities along the road reserves
injury to workers especially during earthworks and civil works
New HIV and AIDS and sexually transmitted diseases (STDs) cases likely to occur in town due to increased
urbanization and sex trends that come with it.
Other communicable diseases such as COVID-19 may occur as workers interact closely
Abuse of drugs and substances by casual workers
Impacts due to project location/ setting: The development will have both socio-economic and environmental
implications as discussed in the sub-sections below.
a) Change of Land Use: Currently the space along the road reserve to host the proposed Storm drainage is open
and covered with grass and in some cases shrubs and herbs. Storm drains would be greatly encouraged as it’s
within the road reserves and adjacent to the major urban roads and streets of the town. Facilities of these
nature should have been developed within the town to reduce the risk of flooding in the town and as such the
proposed development will be in character with the immediate surroundings as well as infrastructural desire of
the town.
Mitigation of measures for change of land use
Institute a compatible development that fosters continuity of the neighbourhood character
Comply with regulatory and legal requirements. To this end, the approval processes has followed an elaborate
process to ensure that the project proposal meets the necessary approval standards. The assessment has
ensured that all activities proposed on site are compatible with the neighbourhood.
b) Shifting of utilities: There is no shifting or demolition of existing utilities such as water supply pipelines,
sewers, electrical lines, etc. due to the proposed project.
Impacts due to project construction
Project constructions typically change the natural environment, creating negative impacts in some cases.
However, these are short-term impacts of low magnitude, which are easily managed.
1. Loss of habitat and biodiversity: An immediate and most adverse environmental impact to the area would
occur during the preparatory phase which calls for clearing of the site for the proposed development. The
removal of existing vegetative cover will result in irreversible loss of natural habitat for flora and fauna
particular to the area. The proposed development will have negative effects on the composition of natural plant
species both on site and neighbourhood. Compacting, levelling and site improvement creates new conditions
that limit regeneration.
Mitigation Measures: The loss of habitat and negative impacts on the local biodiversity are obvious adverse
consequences of any proposed development. Mitigation calls for protecting and restoring of as much of the original
condition on the development site as possible. Therefore, a landscape design plan should be developed by a
landscape architect who would include action items corresponding to each phase of the project ensuring gradual,
albeit partial and restoration of the site’s ecological characteristics.
2. Destruction of soil structure, landscape and change in drainage patterns:
Removal of vegetative cover and the subsequent excavation activities required for infrastructure installation will
impact the existing drainage patterns in the area. Loss of topsoil due to soil erosion is cause for concern which
must be addressed prior to the clearing phase. Soil erosion will remain a problem during the clearing as well as
during the construction phases of the project. Lack of proper drainage ways could result in localized pooling and
flooding, providing ideal conditions for the proliferation of nuisance pests such as mosquitoes. Excessive runoff,
especially during heavy rains, could also lead to elevated nutrient loading within the town.
Mitigation Measures: The project has been looked at in totality and the design shall employ adaptive grafting
system that shall take care of varying levels. The project contractor shall institute appropriate measures to
ameliorate adverse construction activities on site’s soil structure, landscape & drainage patterns by;
Conducting site clearing activities in stages to minimize the area of exposed soil at any one given time.
Seeding exposed soil with appropriate cover as soon as possible to minimize soil erosion and pollution.
Monitoring and maintaining proper storm water drainage systems and redirecting flows during periods of heavy
rains to minimize erosion and surface runoff into the lower levels and within the project area.
Improve section of the road fronting the site to provide ample drainage.
Upon completion of construction phase, landscape the site to restore the components of the original grounds.
3. Pollution
Impact on air quality (including dust generation)
Noise pollution
1) Impact on air quality: Potential impact on the air quality during the construction stage will be due to the
fugitive dust and the exhaust gases generated in and around the construction site. Dust is a major component
of air pollution, generated mainly from the following construction activities: Site clearance and use of heavy
vehicles and machinery/equipment among others at the construction site; Procurement and transport of
construction materials such as sand and cement to the construction site and Excavated materials (soil)
stockpiled.
Mitigation measures for air pollution
All the loose material, stacked or transported, shall be kept on site for the shortest possible time and provided
with suitable covering, such as tarpaulin.
Water sprinkling shall be done at the location where dust generation is anticipated
To minimize the operational health hazard, proper personal protective gears i.e. dust masks shall be provided to
the workers who are engaged in dust generation activities.
Diesel powered construction equipment with engine horsepower (HP) ratings of 60 HP and above, that are on
the project for a period in excess of 30 consecutive calendar days, shall be retrofitted with emission control
devices and/or use clean fuels to reduce diesel emissions
All motor vehicles and/or construction equipment shall comply with all pertinent National regulations relative to
exhaust emission controls and safety.
The reduction of emissions of carbon monoxide (CO), hydrocarbons (HC), nitrogen oxides (NOx), and
particulate matter (PM10) will be accomplished by installing Retrofit Emission Control Devices or by using less
polluting clean fuels.
4. Noise Pollution: Noise is perceived as one of the most undesirable consequences of any construction activity.
Though the level of discomfort caused by noise is subjective, the most commonly reported impacts of increased
noise levels are interference in oral communication, and disturbance in sleep. Due to the various construction
activities, there will be short-term noise impacts in the immediate vicinity of the project corridor, which may
exceed acceptable limits and reach nuisance levels for neighbours.
These activities include among others: Concreting and mixing, excavation for foundations with driller (if used)
and heavy vehicle movement (e.g. Lorries). Since the project site is surrounded by commercial developments
with patches of residential developments, offices and education facilities, some impacts are envisaged in the
project area. But the noise levels are not expected to exceed operational limits; therefore, no adverse effects on
employees as well as the project neighbourhood should result. Nonetheless, noise control procedures will be
introduced when necessary. During construction, expected noise levels shall be above 85dBA, which will
decrease inversely with the increase in distance from the site.
Mitigation measures for noise pollution
Silencers and mufflers should be affixed to the exhaust systems of all mechanical equipment being used on the
project site.
Any activity that is deemed noisy and maybe a nuisance to the neighbours shall be scheduled at times least
likely to affect those within hearing distance.
Isolation of the source and sensitive receptors during the construction phase will be undertaken to minimize the
impacts of noise and vibration.
To prevent any operational hazard, earmuff/ earplug shall be provided to the workers working around or
operating plant and machinery emitting high noise levels
5. Increased traffic volume & conflicts: The proposed project sites are located within the busy roads of the town,
partial residential area with offices and educational facilities and as such will see traffic volumes highest in the
morning when residents are on their way to work and in the evenings on their return with constant moderate
flow of traffic throughout the day. During construction, the transportation of material for building usually
generates environmental and social impacts. The principle negative impacts of transporting construction
materials by road during the construction phase of the proposed project will be: Vehicle emissions which have a
potential of contributing to climate change; Potential soil contamination from leakage or spillage of vehicle
fuels, oil, and other hazardous materials; Potential health and safety risk due to increase in traffic and access to
the construction sites through the access roads (if not adequately controlled); and Potential health impacts and
nuisance factors due to noise, dust and vibrations. The transportation of construction material from source to
site will entail the use of slow-moving heavy trucks, which have the potential to contribute to traffic build-ups,
especially if it is done during peak hours.
Mitigation Measures: Aforementioned negative impacts associated with transportation of materials to the site are
not envisaged to be that significant due to the size of the project not being large enough to warrant the need for a
large number of vehicles. However, the little impacts can be managed by implementing the following measures:
Using appropriate signage to control the flow of traffic to and from the site.
Sensitizing drivers to ensure they abide by traffic rules and defined speed limits.
Implementing a regular maintenance programme on transport vehicles to reduce emissions and noise.
Barricading the area under construction
Assigning a traffic control marshal at all times
Introduction of speed limits to control the speed of vehicles at the site
Introduction of alternative roads where necessary for use during the construction period
Making a public notice on the temporary closure of the road or interference with the traffic flow during the
construction period.
6. Stacking of construction waste on-site: Waste produced during the construction phase is primarily solid waste
resulting from earthworks, mechanical and electrical installation including metal and plastic off cuts and
wrapping materials. However, other waste includes used oil from construction equipment and vehicles. Potential
impacts associated with waste management practices include: Aesthetic degradation due to waste
accumulation; Contamination of surface and underground water resources by used oil and/or sewage; and
Contamination of soil resources, contamination of the air though the production of obnoxious gases and bad
odour,
Mitigation Measures: The negative impacts of waste from the construction phase can be addressed by
implementation of the following measures:
Minimize waste generated through hierarchy of options including: source reduction, recycling and reuse.
Segregating waste by separating hazardous waste from non-hazardous waste for appropriate disposal.
Adherence to bill of quantities to avoid wastage.
Providing adequate, colour coded, well labelled suitable solid waste management receptacles.
Containers/ package for storing hazardous waste including used oil to be securely bundled and labelled as
provided for by Regulation 18 under the EMCA (Waste Management) Regulations of 2006.
Contracting a NEMA licensed waste transporter to collect solid waste from the site for dumping at an approved
site
Contracting a NEMA licensed waste oil recycler for collecting used oil from the site for recycling (if any)
Accumulating scrap metals in a safe place and contracting a scrap metal dealer with a valid license from NEMA
for appropriate disposal.
Providing adequate number of sanitary facilities for the workers and visitors to the site
Minimizing waste generated by adopting cleaner production methods such as conserving raw materials,
enabling the recovery and re-use of the waste product where possible.
7. Incidents, accidents and dangerous occurrences/ health and safety: The construction phase may generate
safety hazards in relation to increases in traffic and access to the construction site (if not adequately
controlled), and potential health impacts and nuisance factors due to noise, dust, vibrations and gaseous
emissions. There is also the possibility of pedestrians falling into open storm drains leading to serious injuries or
even death
Mitigation Measures:
Ensure that only the construction staff access the working areas
Issue all workers with personal protective equipment (PPE). These must be accounted for at end of each
working day to avoid contractor/proponent losing many of these valuable facilities to unscrupulous workers
Provide warning signs at all the construction areas
Ensure that all construction activities are restricted the construction site.
Ensure that the construction period is restricted to day time
Avoid construction activities during adverse weather conditions.
Ensure that all hazardous materials at the site are properly stored and labelled.
Remove and cart away earth works as soon as it’s generated
The contractor should maintain a regular inspection schedule with the CGS to certify and conform to
standards set
Fence off or barricade the construction site appropriately
Appoint a safety supervisor at the site at all times
Machines to be operated by qualified personnel only
All machinery and other moving parts of machinery must be enclosed/ guarded to protect against injury.
Warning and safety signage indicating that construction is in progress should be developed and appropriately
displayed.
Provide fully equipped First Aid Kits at the construction site at all times
Medical check-ups for all workers prior to and throughout the construction phase
Persons providing food for workers at the site must have all the necessary public health licenses
Contractor should provide a section within project site with a shade and clean water where food will be served
Provision must be put in place for a health and safety committee with representatives from workers and
employer.
8) Improper dumping of excavated materials.
Volumes of excavated materials are likely to cause environmental challenges in town.
Mitigation measures
the excavated materials (soil) can be used to make stabilized soil blocks for construction of affordable
houses
Top soils are suitable for farming and tree planting. Therefore, fertile top soils can be supplied to
farmers in urban and peri-urban areas of the town to enable them establish tree nurseries and practice
intensive urban and peri-urban agriculture.
5.5 Operation Phase
On completion, the proposed project shall be a storm management system geared towards efficient flow of storm
water in the town. The operations of these facilities shall occasion activities that would cumulatively generate grave
impacts on site if measures to ameliorate them are not instituted properly.
5.5.1 Positive Impacts
Employment Opportunities: The proposed project will provide employment opportunities to both skilled and
unskilled labour force.
Optimal use of land: By implementing the construction of the storm drains, the design has incorporated an
optimal use of the available land. Land is a scarce resource in Kenya and through extension of the proposed
storm drains development, the proponent will ensure a realization of optimal use of land.
5.5.2 Negative Impacts
Increased Waste Generation: The cumulative provision and consumption services generate wastes. These
wastes must be carefully managed to avoid inconveniences and minimize environmental health. Both liquid and
solid waste shall transcend during the operation period.
Solid Waste: It is expected that a certain quantum of solid waste will be generated during the operational
phase. These will include biodegradable and non- biodegradable wastes. Solid waste if not well managed have a
potential of causing diseases outbreaks due to suitable breeding conditions for pathogens and have long term
effect on the environment. There is the possibility of people depositing municipal waste into storm drains
leading to blockage.
Mitigation Measures
Create awareness on the solid waste integrated management programme to all urban residents
Storm water drains to be covered to avoid deposition of solid wastes.
Minimize waste generated through hierarchy of options including: source reduction, recycling and reuse.
Apply Municipal by-laws to ensure people don’t deposit municipal waste into the storm drains. Anyone
violating such by-laws to be punished accordingly
Segregating waste by separating hazardous waste from non-hazardous waste for appropriate disposal.
Providing adequate, colour coded, well labelled suitable solid waste management receptacles.
Containers/ package for storing hazardous waste including used oil to be securely bundled and labelled as
provided for by Regulation 18 under the EMCA (Waste Management) Regulations of 2006
Contracting a NEMA licensed waste transporter to collect solid waste from the site for dumping at an
approved site
Accumulating scrap metals in a safe place and contracting a scrap metal dealer with a valid license from
NEMA for appropriate disposal.
Providing adequate number of sanitary facilities for the workers and visitors to the site
Minimizing waste generated by adopting cleaner production methods such as conserving raw materials,
enabling the recovery and re-use of the waste product where.
Figure 5.1 shows desirable methods of managing municipal waste. Poorly managed solid wastes are likely to
interfere with management of storm water and hence the need for an integrated approach.
Figure 5.1: Desirable methods of managing municipal waste
Incidents, accidents and dangerous occurrences/ health and safety: Due to increased and diverse activities
within and around the proposed project working areas and the diverse nature of the proposed work,
unexpected eventualities might occur. It is important to be adequately be prepared to prevent and counter such
incidents like fire outbreaks and/or operational related accidents that may lead to injuries, loss of life and
property.
Mitigation Measures
all storm drains to be covered as per the engineering designs to avoid people falling in there
Properly store all the equipment at the working areas
Increased density of solid waste: A lot of commercial and domestic waste such as waste from foodstuffs,
empty plastic containers, cartons among others will be generated during the operational phase of the project.
Once the proposed commercial development is completed and operational, they are expected to generate a
large amount of solid waste on a daily basis whose composition will be dominated by organic waste.
5.6 Decommissioning phase
Decommissioning is an important phase in the project cycle and comes as the last step to wind up the operational
activities of a particular project. The main purpose of decommissioning is to restore the site to acceptable
standards. Projects of this nature have a lifespan of between 30 to 50 years which is much dependent on the
maintenance measures. This is long period of time and there may be many changes which may not be foreseeable
including the technological and legal aspects. The decommissioning may also come earlier than the lifespan of the
project again due to various reasons like change in physical planning policy or the discovery/realization of a more
optimal use of the land. It is therefore recommended that an EIA be conducted when the time for decommissioning
comes so that all aspects will be looked at in totality against the prevailing conditions and requirements.
5.6.1 Positive Impacts
Rehabilitation: Upon decommissioning of the proposed project, rehabilitation of the project site will be carried
out to restore the site to its original status or to a better state than it was originally. This will include
replacement of topsoil and re-vegetation, which will lead to improved visual quality of the area.
Employment Opportunities: For demolition to take place properly and in good time, several people will be
involved. As a result, several employment opportunities will be created for the demolition staff during the
demolition phase of the proposed project.
5.6.2 Negative Impacts
Noise and Excessive Vibration: The demolition works will lead to significant deterioration of the acoustic
environment within the project site and the surrounding areas. This will be because of the noise and vibration
that will be experienced as a result of demolishing the proposed project.
Solid Waste Generation: Demolition of the proposed development and related infrastructure will result in large
quantities of solid waste. The waste will contain the materials used in construction including concrete, metal,
drywall, wood, glass, paints, adhesives, sealants and fasteners. Although demolition waste is generally
considered as less harmful to the environment, they are composed of inert materials, there is growing evidence
that large quantities of such waste may lead to release of certain hazardous chemicals into the environment.
Dust: Large quantities of dust will be generated during demolition works. This will affect demolition staff as
well as the neighbouring residents
CHAPTER SIX: PUBLIC PARTICIPATION AND CONSULTATION
6.1 Introduction
Public participation is a fundamental element of EIA process (Scott and Ngoran, 2003). The need for public
involvement in project development is anchored in the Constitution of Kenya, 2010. This requirement is also
provided for in the EMCA Cap 387, the Environmental (Impact and Audit) Regulations of 2003, and is one of the
guiding principles of the National Environment Policy of 2013. The views and concerns of stakeholders (especially
the negatively affected) are taken into consideration for successful implementation of development projects. The
objective of such consultation and participation is to identify early in the EIA process, their concerns about the
impact of the proposed project in order to address such issues during the actual study and to reflect such
comments in EIA Report. The main aim of public participation is to encourage the public to have a meaningful input
in the decision-making process.
A wide range of stakeholders are involved in EIA process including: the local community, NGOs, line government
departments/ministries and the academics. Local people for instance are keen to know how the project will affect
them and to ensure that their values are known and taken into account (Scott and Ngoran, 2003). Public
participation has various goals including: consultation, involvement, informing, collaborating and empowering.
Public participation is not only a requirement under EMCA Cap 387, but also a constitutional basic right as
contained in the Bill of Rights (Constitution of Kenya, 2010). The people who may be affected directly or indirectly
by the proposed project have a constitutional right to be heard.
Public participation ensures that communities and stakeholders are part and parcel of the proposed development(s).
It presupposes that the public has access to timely and accurate information on the environment and the proposed
development(s), and therefore assures that the developments are sustainable, and resources are also used
sustainably. It has also been demonstrated successfully that projects that go through this process acquire a high
level of acceptance and accrue benefits to a wider section of society. Public consultation also forms a useful
component for gathering, understanding and establishing likely impacts of projects, determining community and
individual preferences and selecting alternatives.
6.2 Objectives of Public Participation
The main objectives of the public consultation process were as follows:
To inform stakeholders about the proposed project;
To share with stakeholders, the impacts (positive and/or negative) that they should expect from the
proposed project during construction and operation; and
To collect stakeholders’ views, comments, concerns and local knowledge regarding the proposed project.
6.3 Benefits of Public Consultation
a) Benefits to the developer
Costs may be saved as key issues are identified by the public and studies are focused on key issues
as opposed to a broad range of issues;
Relations with the communities in the vicinity of the development are likely to be improved;
The developer’s image and reputation are likely to be enhanced
b) Benefits to the public
Capacity is built through people playing an active role during the process. The skills learnt can be
used in other community projects;
Public rights are exercised and protected in participating; and
Inputs are likely to influence the form and nature of the development and are likely to lead to better
development that takes society’s needs into account.
c) Benefits to decision makers
Public participation is likely to improve decisions since there is access to a broader range of
perspectives and opinion on the proposed rehabilitation/augmentation;
The development is likely to be more sustainable as it takes people’s needs and views into account
6.4 Approach to Public Participation and Consultation
The Public consultation process involved visiting the project area and its environs. Project stakeholders were
identified and consulted with the aim of informing them about the proposed project, collect their views on
anticipated positive and/or negative impacts, get recommendations on how the adverse impacts can be mitigated or
avoided, and gather local knowledge that would be useful to the proposed project.
6.5 Engagement Methodology
To complete the public consultation exercise, a systematic approach was implemented that consisted of a
reconnaissance visit to the project area, review of relevant documentation, conducting interviews, administration of
questionnaires to the project stakeholders and holding stakeholders’ meetings. The Public consultation exercise was
conducted in the month of March.
Reconnaissance Visit: Project site visits were carried out on March 2020 to familiarize with the project
area and scope. During these visits, would-be project stakeholders covering government institutions,
individual households and the neighbouring communities were identified.
Literature Review: A review of relevant information including the project’s design report was done to
provide a background on the project and area, and a basis for collection of additional information to fill
identified gaps.
Stakeholders Identification and Analysis: Like in all civil works projects, the core stakeholders comprise
of people to be directly served by the project once implemented. This is the group that is likely to benefit or
be affected by the proposed development hence the primary stakeholders. The ESMMP also identified a
second category of stakeholders comprised of GoK officers, county government heads and institutions in
charge of diverse sectors (Ministry of Health among others), This category was also consulted as key
informants on sectoral policy and to advise this study on mitigation measures to be put in place so as to
minimize adverse impacts in respective sectors. Each category of stakeholders called for a different
approach to consultation. Outcome of community consultation.
Questionnaire Administration: Questionnaires were randomly administered within siaya town to seek the
opinion of respondents. Results of the survey are presented in figure 6.1
Table 6.1: Survey on how the Proposed Projects are likely to Affect them Individually or Collectively
Question Results The state of storm water
management in Siaya Town
is not pleasing
Cummulatively, 88% of the respondents either agreed (39%) or strongly agreed
(49%%) that the state of storm water management in Siaya Town is not pleasing
while a total of 12% either disagreed (2%) or were undecided (10%) with this
statement.
Figure 6.1: State of Storm Water Management in Siaya Town
Poor storm water
management in Siaya Town
is likely to lead to urban
floods
Cummulatively, 82% of the respondents either agreed (35%) or strongly agreed
(47%) that poor storm water management in Siaya Town is likely to lead to urban
floods while a total of 18% either disagreed (6%), strongly disagreed (2%) or were
undecided (10%) with this statement.
Figure 6.2: Likelihood of Urban Floods
There is urgent need to
design and implement an
elaborate storm water
drainage in town
Cummulatively, 92% of the respondents either agreed (49%) or strongly agreed
(43%) that there is urgent need to design and implement an elaborate storm water
drainage in town while a total of 8% either disagreed (2%), or were undecided (6%)
with this statement.
Question Results
Figure 6.3: Need to Design and Implement an Elaborate Storm Water Drainage
Existence of stagnant storm
water in town provide a
breeding grounds for
mosquitoes that spread
diseases such as Malaria
Cummulatively, 92% of the respondents either agreed (49%) or strongly agreed
(43%) that existence of stagnant storm water in town provide a bleeding grounds
for mosquitoes that spread diseases such as malaria while a total of 8% either
strongly disagreed (4%) or were undecided (4%) with this statement.
Figure 6.4: Breeding Grounds for Mosquitoes
Poor management of storm
water in town is likely to
make the town less
competitive to potential
investors
Cummulatively, 88% of the respondents either agreed (45%) or strongly agreed
(43%) that poor management of storm water in town is likely to make the town less
competitive to potential investors while a total of 12% either strongly disagreed
(4%), or were undecided (8%) with this statement.
Figure 6.5: Impact of Poor Storm Management on Investments
Question Results
The project will create short
term job opportunities
mainly for the local people
in and around Siaya Town
Cummulatively, 82% of the respondents either agreed (47%) or strongly agreed
(35%) that the project will create short term job opportunities mainly for the local
people in and around Siaya Town while a total of 18% either strongly disagreed
(6%), or were undecided (12%) with this statement.
Figure 6.6: Job Opportunities
The project will significantly
create demand for
construction materials and
local suppliers shall greatly
benefit
Cummulatively, 88% of the respondents either agreed (39%) or strongly agreed
(49%) that the project will significantly create demand for construction materials
and local suppliers shall greatly benefit while a total of 12% either strongly
disagreed (2%), disagreed (4%) or were undecided (6%) with this statement.
Figure 6.7: Demand for Construction Materials
The project will strongly
affect the environment
during the construction
phase e.g. through
generation of solid wastes
Cummulatively, 68% of the respondents either agreed (31%) or strongly agreed
(37%) that the project will strongly affect the environment during the construction
phase e.g. through generation of solid wastes while a total of 32% either disagreed
(16%) or were undecided (16%) with this statement.
Question Results
Figure 6.8: Effect to Environment During Construction
There will be high vehicular
traffic in town during
construction phase of the
project (lorries transporting
construction materials)
Cummulatively, 76% of the respondents either agreed (39%) or strongly agreed
(37%) that there will be high vehicular traffic in town during construction phase of
the project (lorries transporting construction materials) while a total of 24% either
disagreed (10%) or were undecided (14%) with this statement.
Figure 6.9: Vehicular Traffic in Town During Construction
The project will contribute
to very high noise levels
(beyond recommended level)
during construction phase
Cummulatively, 76% of the respondents either agreed (43%) or strongly agreed
(33%) that the project will contribute to very high noise levels (beyond
recommended level) during construction phase while a total of 24% either disagreed
(8%), strongly disagreed (4%) or were undecided (12%) with this statement.
Question Results
Figure 6.10: Noise Levels During Construction
The project will significantly
affect business activities
(shops etc) at or near the
specific project sites
Cummulatively, 80% of the respondents either agreed (37%) or strongly agreed
(43%) that the project will significantly affect business activities (shops etc) at or
near the specific project sites while a total of 20% either disagreed (10%), strongly
disagreed (4%) or were undecided (6%) with this statement.
Figure 6.11: Effect of the Project to Business Activities
Many traders who do
business on the streets are
likely to be displaced during
construction phase of the
project
Cummulatively, 76% of the respondents either agreed (39%) or strongly agreed
(37%) that many traders who do business on the streets are likely to be displaced
during construction phase of the project while a total of 24% either disagreed (8%)
or were undecided (16%) with this statement.
Figure 6.12: Likely Displacement of Traders
Question Results
Many workers are likely to
suffer injuries during the
construction phase of the
project
Cummulatively, 45% of the respondents either agreed (31%) or strongly agreed
(14%) that many workers are likely to suffer injuries during the construction phase
of the project while a total of 55% either disagreed (23%), strongly disagreed
(12%) or were undecided (20%) with this statement.
Figure 6.13: Injuries During Construction (Workers)
Many people (pedestrians)
are likely to suffer serious
injuries during construction
phase of the project
Cummulatively, 12% of the respondents either agreed (4%) or strongly agreed (8%)
that many people (pedestrians) are likely to suffer serious injuries during
construction phase of the project while a total of 88% either disagreed (31%),
strongly disagreed (45%) or were undecided (12%) with this statement.
Figure 6.14: Injuries During Construction (Pedestrians)
The project will have
significant negative effect
on the beauty/aesthetics of
the town during
construction phase
Cummulatively, 22% of the respondents either agreed (10%) or strongly agreed
(12%) that the project will have significant negative effect on the beauty/aesthetics
of the town during construction phase while a total of 78% either disagreed (23%),
strongly disagreed (43%) or were undecided (12%) with this statement.
Question Results
Figure 6.15: Beauty/Aesthetics of the Town During Construction
The project will cause
significant loss of vegetation
(trees, shrubs and grasses)
at project sites through
clearance and excavations
Cummulatively, 41% of the respondents either agreed (31%) or strongly agreed
(10%) that the project will cause significant loss of vegetation (trees, shrubs and
grasses) at project sites through clearance and excavations while a total of 59%
either disagreed (12%), strongly disagreed (18%) or were undecided (29%) with
this statement.
Figure 6.16: Loss of Vegetation During Construction
Many workers are likely to
contract infectious diseases
such as COVID-19 during
construction of the project
Cummulatively, 16% of the respondents either agreed (10%) or strongly agreed
(6%) that many workers are likely to contract infectious diseases such as COVID-19
during construction of the project while a total of 84% either disagreed (27%),
strongly disagreed (44%) or were undecided (13%) with this statement.
Question Results
Figure 6.17: COVID-19 During Construction
The project may lead to high
incidences of sexually
transmitted infections
including HIV/AIDS
Cummulatively, 10% of the respondents either agreed (4%) or strongly agreed (6%)
that the project may lead to high incidences of sexually transmitted infections
including HIV/AIDS while a total of 90% either disagreed (29%), strongly disagreed
(47%) or were undecided (14%) with this statement.
Figure 6.18: HIV/AIDs During Construction
The project may lead to high
increased abuse of drugs
and substances
Cummulatively, 17% of the respondents either agreed (8%) or strongly agreed (9%)
that the project may lead to high increased abuse of drugs and substances while a
total of 83% either disagreed (29%), strongly disagreed (50%) or were undecided
(4%) with this statement.
Question Results
Figure 6.19: Abuse of Drugs and Substances
A lot of solid and liquid
wastes are likely to be
generated at the project
sites
Cummulatively, 28% of the respondents either agreed (18%) or strongly agreed
(10%) that a lot of solid and liquid wastes are likely to be generated at the project
sites while a total of 72% either disagreed (33%), strongly disagreed (18%) or were
undecided (21%) with this statement.
Figure 6.20: Solid and Liquid Wastes
Excess excavation materials
are likely to significantly
cause environmental
challenges in town
Cummulatively, 47% of the respondents either agreed (25%) or strongly agreed
(22%) that excess excavation materials are likely to significantly cause
environmental challenges in town while a total of 53% either disagreed (12%),
strongly disagreed (12%) or were undecided (29%) with this statement.
Figure 6.21: Environmental Challenges
Poor disposal of used Cummulatively, 64% of the respondents either agreed (33%) or strongly agreed
Question Results
construction materials is
likely to impact the built
environment negatively
(31%) that poor disposal of used construction materials is likely to impact the built
environment negatively while a total of 36% either disagreed (12%), strongly
disagreed (4%) or were undecided (20%) with this statement.
Figure 6.22: Disposal of Used Construction Materials
Any negative impacts
associated with the
proposed project can easily
be mitigated through
appropriate
Environmental/Social
Management Plan and
Monitoring Plan
Cummulatively, 65% of the respondents either agreed (12%) or strongly agreed
(53%) that any negative impacts associated with the proposed project can easily be
mitigated through appropriate Environmental/Social Management Plan and
Monitoring Plan while a total of 35% either disagreed (8%), strongly disagreed
(2%) or were undecided (25%) with this statement.
Figure 6.23: Mitigation of Negative Impacts
Any possible negative
impacts associated with
demolition of the Storm
drains can be mitigated
through appropriate
Environmental/Social
Management and
Monitoring Plan
Cummulatively, 74% of the respondents either agreed (23%) or strongly agreed
(51%) that any possible negative impacts associated with demolition of the Storm
drains can be mitigated through appropriate Environmental/Social Management and
Monitoring Plan while a total of 26% either disagreed (6%), strongly disagreed
(2%) or were undecided (18%) with this statement.
Question Results
Figure 6.24: Mitigation of Negative Impacts During Demolition
Respondent’s Final Verdict Majority (59%) of the respondents suggested that the project should be should be
implemented without any conditions while 29% suggested that the project should
be implemented but with sound mitigation measures to the concerns raised herein.
12% of the respondents were undecided while none rejected the project. Thus, the
storm drainage project should be implemented.
Figure 6. 25: Respondent’s Final Verdict
Suggestions to mitigate potential negative impacts: Respondents were requested to provide suggestions
on what should be addressed by the Proponent/Contractor before and during the construction of the
proposed project to reduce negative impacts to the environment and human health. The question was open
ended in order to provide respondents with freedom to express their opinions freely. Below are the
responses: -
The workers should be tasted for COVID- 19 before being employed.
Construction materials to be purchased locally.
Ensure proper disposal of waste materials.
The construction teams should be well protected with mask.
CHAPTER SEVEN: ENVIRONMENTAL AND SOCIAL MANAGEMENT/MONITORING PLAN
7.1 Introduction
The proponent of the proposed project acknowledges that the proposed project activities will have some impacts on
the biophysical environment, health and safety of its employees and members of the public, and socio-economic
wellbeing of the local residents. Thus, the main focus will be on reducing the negative impacts and maximizing the
positive impacts associated with the project activities through a programme of continuous improvement. An
environmental management/monitoring plan has been developed to assist the proponent in mitigating and
managing environmental impacts associated with the life cycle of the project. The EMP has been developed to
provide a basis for an Environmental Management System (EMS; ISO 14001 principles) for the project. It is
noteworthy that key factors and processes may change through the life of the project and considerable provisions
have been made for dynamism and flexibility of the EMP. As such, the EMP will be subject to a regular regime of
periodic review.
7.2 Purpose and Objectives of ESMMP
The specific objectives of the ESMMP are to:
1. Serve as a commitment and reference for the contractor to implement the ESMMP including conditions of
approval from NEMA.
2. Serve as a guiding document for the environmental and social monitoring activities for the supervising
consultant, contractor and the client management including requisite progress reports.
3. Provide detailed specifications for the management and mitigation of activities that have the potential to impact
negatively on the environment.
4. Provide instructions to relevant Project personnel regarding procedures for protecting the environment and
minimizing environmental effects, thereby supporting the Project goal of minimal or zero incidents.
5. Document environmental concerns and appropriate protection measures; while ensuring that corrective actions
are completed in a timely manner.
7.3 Auditing of ESMMP
The Municipal Board (project proponent) shall take all necessary measures to ensure the contractor conducts
regular audits to the ESMMP to ensure that the system for implementation of the ESMMP is operating effectively.
The audit shall check that a procedure is in place to ensure that: The ESMMP being used is the up to date version;
Variations to the ESMMP and non-compliance and corrective action are documented; Appropriate environmental
training of personnel is undertaken; Emergency procedures are in place and effectively communicated to personnel;
A register of major incidents (spills, injuries, complaints) is in place and other documentation related to the
ESMMP; and ensure that appropriate corrective and preventive action is taken by the contractor once instructions
have been issued
7.4 Management Responsibility of ESMMP
In order to ensure the sound development and effective implementation of the ESMMP, it will be necessary to
identify and define the responsibilities and authority of the various persons and organizations which will be involved
in the project. The following entities should be involved in the implementation of this ESMMP:
1. National Environment Management Authority (NEMA): The responsibility of NEMA is to exercise general
supervision and co-ordination over all matters relating to the environment and to be the principal instrument of
Government of Kenya in the implementation of all policies relating to the environment.
2. The Contractor: The persons/firms contracted to lay the proposed road will be required to comply with the
requirements of the ESMMP within this report. To ensure strict compliance environmental specifications of this
ESMMP should form part of the contract documents.
3. Consultant: The sourced consultant will have to ensure that the proposed ESMMP is up to date and is being
used by the contractor. Periodic audits of the ESMMP will have to be done to ensure that its performance is as
expected.
4. County Government of Siaya: The relevant departmental officers in the above County government will be
called upon where necessary during Project implementation to provide the necessary permits and advisory
services to the Project implementers. The County Government of Siaya maintain the storm drains once
commissioned.
7.5 Emergency Procedure during Construction and Operation Phase of the Project
An emergency situation means unforeseen happening resulting in serious or fatal injury to employed persons or the
neighbouring communities. In the event of an emergency during construction, the workers shall: Alert other
persons exposed to danger; inform the OSHA coordinator; do a quick assessment on the nature of emergency; and
call for ambulance. When emergency is over the OSHA coordinator shall notify the workers by putting a message:
“ALL CLEAR”. In the event of such an emergency during operation the workers shall: Alert other persons exposed
to danger; and ring the nearest police station and ambulance services. Tables 6.1, 6.2, 6.3 and 6.4 below are the
core of this ESMMP for the construction, operational and decommissioning phases of the proposed project
respectively. In general, the tables outline the potential safety, health and environmental risks associated with the
project and detail all the necessary mitigation measures, their financial costs, as well as the persons responsible for
their implementation and monitoring. The EMP will be used as checklist in future environmental audits.
7.6 Environmental Management and Monitoring Plan for Storm Drains
7.6.1 Pre-Construction Phase: Environmental and Social Management and Monitoring Plan
Activity Associated Impacts
Management Actions Target Areas & Responsibilities
Monitoring Indicator
Objective: Ensure necessary pre-construction procedures are followed before commencement of actual construction
-Seeking
approvals from
NEMA for ESIA
-Seeking
Approvals of
plans from
County and
National
Government
Delay in
implementation
of the project
due to
objections and
stop orders
-The Contractor shall ensure that
all pertinent permits, certificates
and licenses have been obtained
prior to any activities
commencing on site and are
strictly enforced/ adhered to;
-The Contractor shall maintain a
database of all pertinent permits
and licenses required for the
contract as a whole and for
pertinent activities for the
duration of the contract.
All Project
Components
Responsibility
Contractor
-Degree of
completion of set
of required
approvals /
permits issued
(%),
-Number and
type of findings
during any audits
based on
conditions of
approvals
-Construction
site office and
store
Environmental
and social
degradation
risks
-Isolate through fencing the site
office and store from access by
the public for their safety.
Preferably the site office and
store should be located on land
already cleared land wherever
possible.
-The Contractor’s site office and
store layout shall take into
account availability of access for
deliveries and services and any
future works.
Site office and store
Responsibility
Contractor(s)
-Environment
license
-Number of
public outcry due
to accidents
-Access to site
office and store
Environmental
and social
degradation
risks
-Utilize to the extent possible the
existing public roads to avoid
social and economic disruption
- Ensure road safety measures for
the vehicles to the extent possible
by observing all traffic
regulations.
Access Roads
Responsibility
Contractor(s)
-Cases of private
land required
-Accidents
occurrence
incidences
Environmental
Training and
Awareness
Risks of
Environmental
degradation
risks and
occupational
health and
safety related
accidents
-The Contractor and sub-
contractors shall be aware of the
environmental requirements and
constraints on construction
activities contained in the
provisions of the ESMMP
-The Contractor will be required
to provide for the appropriate
Environmental Training and
Awareness as described in this
ESMMP in his costs and
programming.
All Workers
Responsibility
Contractor(s)
-Number of
Trainings Held
-Availability of
Training reports
-Attendance list
of participants
during the
training sessions
-Minutes of the
-An initial environmental
awareness training session shall
be held prior to any work
commencing on site, with the
target audience being all project
affected persons
trainings
-HIV/AIDS
awareness and
prevention
campaign
Risks of
Increased HIV
and Aids
transmission in
the area
-The Contractor shall institute
HIV/AIDS awareness and
prevention campaign amongst his
workers for the duration of the
contract.
-All Workers and
selected workshops
targeting
communities
- Number of
Trainings Held
-Availability of
Training reports
Infectious
diseases (e.g.
COVID-19)
awareness and
prevention
Risk of
contracting the
highly
contagious and
deadly COVID-
19 disease
during the
construction
phase
The Contractor and proponent to
institute COVID-19 education,
awareness and prevention
campaign amongst his/her
workers for the duration of the
contract
All Workers and
selected workshops
targeting
communities
- Number of
Trainings Held
-Availability of
Training reports
Table 7.1: Pre-Construction Phase: Environmental and Social Management and Monitoring Plan
7.6.2 Construction Phase: Environmental and Social Management and Monitoring Plan
Impacts Mitigation Measures Responsible Verifiable Indicators
Objective: Recommend a sound Environmental and Social Management and Monitoring Plan (ESMMP) for the construction phase of the project
Cost
Loss of habitat
and biodiversity
Ensure minimal loss of
habitat/biodiversity
The area affected (along road
reserves) to be landscaped with
appropriate with ornamental
plants
Construction works to be done as
per design
Selective excavations only
Proponent/Contractor
- 1.5M
Loss of
beauty/aesthetics
Landscape the area along the
storm drains with ornamental
plants/grasses
Proponent/Contractor - Stretch of
road reserve
landscaped
with
ornamental
plants/grasses
1.5M
Destruction of
the Soil
Structure,
landscape and
change in
drainage
patterns
-Control earthworks
-Install drainage structures
properly
-Compact loose soils
-Ensure management of
excavation activities especially
during rainy conditions
-Provide soil erosion control
structures.
-Ensure landscaping after
construction is complete
Contractor /
Project manager
- Controlled
earthworks
- Properly
installed
drainage
structures
- Properly
managed
excavation
materials
- The number of
trees on site
1.5M
Pollution
-Air pollution
&dust
generation
-Noise &
Vibrations
-Enclose the site with dust-proof
net or iron sheets to provide
buffer against dust propagation.
-Control speed of vehicles ferrying
materials and wastes from the
site.
-Spraying of dry soils in excavated
areas and access road to suppress
dust.
-Regular maintenance of
construction equipment.
-Construction activities to be
restricted to daytime(008-
1700hrs)
-Workers in the vicinity of high-
level noise to wear safety &
protective gear.
-Affix silencers and mufflers on
exhaust systems of all mechanical
equipment
-Stacked construction material on-
site shall be kept for shortest time
possible.
Contractor, Project
manager and Public
Health
- Workers have
dust masks
- Enclosed
construction
sites
- Efficient
construction
equipment
- Noise level
that meets
EMCA (Noise
and Excessive
Vibrations
regulations
2008).
300,000.00
Stacking of
Construction
Waste On-site
-Minimize waste generated
through hierarchy of options:
source reduction, recycling, reuse,
Segregate wastes by separating
hazardous waste from non-
hazardous
-The contractor should adhere to
bill of quantities to avoid wastage
-Provide adequate number of
suitable solid waste
containers/receptacles
-Securely bundle and label
hazardous waste
-Provide adequate number of clean
sanitary facilities
Proponent/
Project manager
-Non-existence
of stock piles of
wastes on site.
-Presence of
sanitary facilities
on site
-Labelled
hazardous waste
(if any)
-Presence of bill
of quantities at
the site
-Suitable Waste
containers on
site
1.5M
Generation of
solid wastes
Proper separation of solid wastes
on site for easy disposal
Provision of solid waste
receptacles on site
Proponent/Contractor Number of solid
waste
receptacles
provided on
construction site
1M
Incidents,
Accidents and
Dangerous
Occurrences/
Health and
Safety
-Issue all workers with PPEs
-Avail warning signs of on-going
construction work
-Maintain a regular inspection
schedule with CGS
-Barricade the construction site
-Appoint a safety supervisor.
-Machines to be operated by
qualified personnel only.
-Ensure All machinery and other
moving parts of machinery are
enclosed or guarded
-Provide fully equipped First Aid
Kits
-Food for workers to be supplied
by vendors licensed by Public
Health office
Maintain incidence reporting
records on site
Proponent
Workers on site
Labour Office
OSHA officer
Proponent/Contractor
-Presence of
fully equipped
first aid kits
- Presence of
incidence
reporting
records
2M
Workers
contracting
infectious
diseases such as
Corona virus
COVID-19
-All workers to be sufficiently
sensitized on COVID-19 and its
mode of transmission
-Ensure all government directions
are observed (social distancing of
at least 1m apart; use of sanitizers
and handwashing with running
water; deny non-authorized
persons access to the construction
site
-All workers to be supplied with
PPEs
-Measuring temperature of
workers as they report to work
-Any suspected case of Corona
virus to be reported immediately
-Regular inspection of the
construction sites by authorized
government officers especially
Public Health Officers
Proponent/Contractor
Ministry of Health
Number of
handwashing
stations on
construction
site; Number of
workers supplied
with PPEs;
Number of
bottles of
sanitizers
procured;
Number of
workers on site
Reports of site
inspection
1.5 M
Workers
contracting
sexually
transmitted
diseases e.g.
HIV/AIDS among
Sensitize workers about dangers
of engaging in unsafe sex
Proponent/Contractor Record of
sensitization
sessions held
30,000.00
others
Resistance with
property owners
with regard to
storm water
drains
Where storm water may be
directed to private property (land),
the Siaya Municipal Board to
identify the affected property
owners and have prior
engagement with them to ensure
amicable conflict resolution.
Proponent Records/Minutes
of engagement
between
Country
Government and
property owners
100,000.00
Damage to other
underground
infrastructure
facilities
Apply an integrated approach
where various utility providers
work together
Other infrastructure facilities such
as water pipes, Fibre Optic
Cables, sewerage lines to be
identified in advance to avoid
damage
Proponent, Siaya
Water and Sanitation
Company, Contractor
Records/Minutes
of multi-agency
consultations.
500,000.00
Theft of
construction
materials
Both Contractor and Proponent to
have competent Clerk of Works
(CoWs) to oversee construction
operations and ensure building
materials are not stolen.
Watchmen from security firm and
install CCTVs
Proponent/Contractor 1.5M
Inconvenience Alternative routes to be provided
once working sites are closed for
construction
Proponent/Contractor Existence of
alternative
routes
Delay in
completion of
project
A realistic work plan to be
prepared by the Contractor and to
be adhered to strictly
Project inspection team to
regularly monitor progress of
work
Proponent/Contractor Record of
inspection
reports
200,000.00
Sub-standard
construction
works
Contractor to carry out standard
works as per the Bills of
Quantities
Consultant and Project Inspection
team to regularly inspect the
project to ensure quality work is
done
Proponent/Consultant Record of
inspection
reports
400,000.00
Poor payment of
workers
Ensure workers are paid as per
market rates according to
International Labour Organization
Labour Officer Report of
Labour Officer
00.00
Table 7.2: Construction Phase: Environmental and Social Management and Monitoring Plan
7.6.3 Operation Phase: Environmental and Social Management and Monitoring Plan
No. Issue Action required Responsibility Monitoring Indicator
Provisional Budget
Objective: Recommend sound Environmental and Social Monitoring and Management Plan for the operational phase of the project
1 Risk of flooding
from mis-
management of
storm-water
runoff
-Regular inspections to be carried
out by CGS along the road to
ensure clear drainages.
-Undertake awareness campaigns to
prevent solid waste and soil
sediments from being channeled into
the drainage.
-Enhance on the management
system of drainage
Proponent/Contractor -Number of
flooding
incidences
reported.
1.2M
2 Risk of
Incidents,
Accidents and
Dangerous
Occurrences/
Health and
Safety
- This risk will be further minimized
through regular inspection, repair
and maintenance of the system by
CGS.
-Indicate clear warnings of hazards
or risk prone areas
-All storm drains to be covered to
avoid people falling in there
Proponent/Contractor -Number of
reported
accidents.
400,000.00
3 Storm drains
poorly
maintained
Regular maintenance of the storm
drains
Proponent/Contractor Record of
maintenance
works done
2M
4 Increased
Waste
Generation
Solid Waste
Wastewater
-Solid waste receptacles to be
strategically positioned along the
roads
-Avoid discharge of waste water
into storm drains by property
owners
-Regular inspection of storm drains
Proponent/Contractor -Number of
receptacles
provided
1M
5 Poorly
maintained
storm drains
may be a
health and
environmental
hazard
Ensure regular maintenance of
storm drains and proper
management of storm water
Proponent/Contractor 2M
Table 7.3: Operation Phase: Environmental and Social Management and Monitoring Plan
7.6.4 Decommissioning Phase: Environmental and Social Management and Monitoring Plan
Impacts Proposed Mitigation Measures Target areas & Responsibility
Monitoring Indicator
Cost Estimate
Objective: Recommend a sound Environmental and Social Management and Monitoring Plan for the decommissioning Phase of the project
Generation of
solid waste from
decommissioning
activities
-Decommissioning wastes (residual earth,
debris and scrap materials) to be
collected at designated points and
contractor to ensure disposal is done at a
licensed solid waste dumping site
approved by the County Government of
Siaya.
-Environmental Management, Health and
Safety Training Programs to be
The Proponent
-The
Contractor
-Landscape
Architect
-The Labour
Office
-Number of
complaints
-Visual
observation of
waste
2M
conducted for contractor’s staff to
create awareness on proper solid wastes
management.
Interruption of
public utilities &
blocking access to
property adjacent
to the road
-Adhere to the mitigation measures
suggested on negative impacts on social-
economic setting and proposed
mitigation measures during Construction.
-The Proponent
-The
Contractor
-The Labour
Office
-Number of
complaints
300,000.00
Exposure to
occupational
health and safety
risks during road
removal process
-Adhere to the mitigation measures
suggested on negative impacts on
Occupational Health and Safety Setting
and proposed mitigation measures during
construction.
All work areas
Responsibility
Contractor(s)
Supervision
-Number of
Accidents/
incidences
500,000.00
Table 7.4: Decommissioning Phase: Environmental and Social Management and Monitoring Plan
Decommissioning Flow Chart: The project has been designed to operate effectively for over 20 years. In the
event that the infrastructure will be required to be overhauled, then the following steps should be considered in
order to undertake the procedure in a structured manner with minimum impact to both human and natural
environment.
Table 7.5: Decommissioning Flow Chart
Action Actor Cost
1 Initiation -Development of an Objective Worksheet and checklist incorporating
references, legal, stakeholder engagement and policies
-Undertake decommissioning audit
Proponent 50,000.00
2 Prepare Road Map for Decommissioning Design -Conduct design review to validate elements of the design and ensure
design features are incorporated in the decommissioning design.
-Public consultations
Proponent 20,000.00
3 Prepare and Award Contract -Prepare a contract that incorporates validated project information and
award to a contractor as per the Procurement rules.
Proponent 10,000.00
4 Execute Decommissioning Works -Implement design elements and criteria on the Project in accordance with
specifications and drawings.
- Inspect during decommissioning and at Project completion to ensure that
all design elements are implemented according to design specifications.
Contractor 40M
5 Non-Conformity, Corrective/Preventive Action -Determine root cause
- Propose corrective measures
- Propose future preventive measures
Proponent 20,000.00
Note: (1) A due diligence environmental audit will be undertaken and submitted to NEMA at least three months
prior to decommissioning and in line with the Environmental Management and Coordination Act Cap 387.
(2) All the costs related to the implementation of the ESMMP are within the project cost
CHAPTER EIGHT: CONCLUSIONS AND RECOMMENDATIONS
8.1 Introduction
This final chapter of the Environmental and Social Impact Assessment Report deals with conclusions and
recommendations.
8.2 Conclusions
Based on the assessment, the proposed development is a medium risk project and is consistent with the preferred
developments in the area. Noteworthy is the fact that the Storm Management system envisaged will help in
enhancing the flow of storm water hence reducing the risk of flooding which in turn interrupts businesses Further,
the project is expected to fit in the government policy geared towards enhancing the urban storm water
management. Provision and proper management of storm water in town is a great idea as this will improve the built
environment greatly reduce occurrence of urban floods.
It is also anticipated that the project will enhance income to diverse professionals during construction and
operational phases. It is expected that these positive impacts that emanate from such activities shall be maximized
as much as possible as exhaustively outlined within the report. Despite aforementioned positive impacts, some
negative impacts will also be experienced during the proposed project implementation cycle. In order to ameliorate
the envisaged negative impacts, suitable mitigation measures have been integrated in this project report.
In conclusion, this Environmental Management and Monitoring Plan has been developed to be used by the
proponent to enforce development control in an attempt to meet statutory regulations. Annual audits shall also be
executed to establish efficiency and adequacy of operational systems.
8.3 Recommendation
It is in line with these considerations that we recommend this project for approval to facilitate commencement of
works on site.
REFERENCES
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Republic of Kenya. (2000). Kenya Gazette Supplement Acts 2000, Environmental Management and Coordination
Act Number 8 of 1999. Government printer, Nairobi
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Republic of Kenya. (2002). Kenya Gazette Supplement Acts Water Act, 2002, Government Printers, Nairobi
Republic of Kenya. (2003). Kenya Gazette Supplement number 56. Environmental Impact Assessment and Audit
Regulations 2003, Government Printers, Nairobi
Republic of Kenya. (2005). Noise Prevention and Control Rules 2005, Legal Notice no. 24, Government Printers,
Nairobi
Republic of Kenya. (2006). Kenya Gazette Supplement number 68, Environmental Management and Coordination
(Water Quality) Regulations, 2006, Government printer, Nairobi
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(Waste management) Regulations, 2006, Government printer, Nairobi
Republic of Kenya. (2007). Kenya Gazette Supplement number 57, Environmental Management and Coordination
(Controlled Substances) Regulations, 2007, Government printer, Nairobi
Republic of Kenya. (2007). The Kenya Vision 2030, Government press
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Republic of Kenya. Kenya Gazette Supplement Acts Public Health Act (Cap. 242), Government printer, Nairobi
Singh, G.2007. To Study the Inception and Evolution of Environmental Impact Assessment in the World and in
India and to Analyze and Comment Upon the Environmental Clearance Process in the Country. Master of
Science Dissertation, School of Environmental Studies, University of Delhi, Delhi. Available at
http://delhigreens.files.wordpress.com/2007/09/environmental-impact-assessment.pdf
United Nations, (2016). The New Urban Agenda. Accessed from: http://habitat3.org/wp-content/uploads/NUA-
English.pdf
United Nations. (2015). The Sustainable Development Goals. Accessed from:
https://sustainabledevelopment.un.org/?menu=1300
Wamukoya, G. M, and Ludeki, J., 2003. Environmental Impact Assessment in Kenya. Understanding Environmental
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issues. World Bank, Washington.
APPENDICES
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT FOR THE PROPOSED STORM DRAINAGE PROJECT
IN SIAYA TOWN QUESTIONNAIRE FOR PUBLIC CONSULTATION
1.1 Introduction: Siaya Municipal Board is keen to design and implement a storm drainage project in Siaya Town
under the Kenya Urban Support Program (KUSP). Horizon Business Solutions was commissioned to carry out
the Environmental and Social Impact Assessment for the said project on behalf the Municipal Board and the
Department of Physical Planning, Lands, Housing and Urban Development. The purpose of this questionnaire
is to seek opinions of key stakeholders in respect of the proposed project in accordance with the provisions of
the Environmental Management and Coordination Act Cap 387 of 1999. The information obtained through
this short questionnaire is specifically for the said project and shall be kept confidential. You have been
purposively identified as a key stakeholder in this undertaking. Your cooperation in responding to the questions
asked will be highly appreciated. Thank you.
Contacts: Planner Isaac Nyamweno, EIA/EA Lead Expert Number 0158 Mobile 0725494885 and Dr. John
Mahasi (0736133276)
1.2 Respondent’s Personal information
Note: Personal information as provided is evidence to National Environmental Management Authority that indeed members of the public were consulted
Name…………………………………………………ID Number…………………………….
Contact (Optional)……………………………………Occupation……………………………
Residence (Town/Village) ………………………Signature………………. Date…………
S/No Question Response (Please tick appropriately)
Statement
[1]
Strongly
Agree
[2]A
gree
[3]U
ndecid
ed
[3]D
isagree
[4]Strongly
dis
agree
1 The state of storm water management in Siaya Town is not pleasing
2 Poor storm water management in Siaya Town is likely to lead to urban
floods
3 There is urgent need to design and implement an elaborate storm
water drainage in town
4 Existence of stagnant storm water in town provide a bleeding grounds
for mosquitoes that spread diseases such as Malaria
5 Poor management of storm water in town is likely to make the town
less competitive to potential investors
7 The project will create short term job opportunities mainly for the local
people in and around Siaya Town
8 The project will significantly create demand for construction materials
and local suppliers shall greatly benefit
9 The project will strongly affect the environment during the
construction phase e.g. through generation of solid wastes
10 There will be high vehicular traffic in town during construction phase
of the project (lorries transporting construction materials)
11 The project will contribute to very high noise levels (beyond
recommended level) during construction phase
12 The project will significantly affect business activities (shops etc) at or
S/No Question Response (Please tick appropriately) Statement
[1]
Strongly
Agree
[2]A
gree
[3]U
ndecid
ed
[3]D
isagree
[4]Strongly
dis
agree
near the specific project sites
13 Many traders who do business on the streets are likely to be displaced
during construction phase of the project
14 Many workers are likely to suffer injuries during the construction
phase of the project
15 Many people (pedestrians) are likely to suffer serious injuries during
construction phase of the project
16 The project will have significant negative effect on the
beauty/aesthetics of the town during construction phase
17 The project will cause significant loss of vegetation (trees, shrubs and
grasses) at project sites through clearance and excavations
18 Many workers are likely to contract infectious diseases such as
COVID-19 during construction of the project
19 The project may lead to high incidences of sexually transmitted
infections including HIV/AIDS
20 The project may lead to high increased abuse of drugs and substances
21 A lot of solid and liquid wastes are likely to be generated at the project
sites
22 Excess excavation materials are likely to significantly cause
environmental challenges in town
23 Poor disposal of used construction materials is likely to impact the
built environment negatively
Environmental Management
24 Any negative impacts associated with the proposed project can easily
be mitigated through appropriate Environmental/Social Management
Plan and Monitoring Plan
25 Any possible negative impacts associated with demolition of the Storm
drains can be mitigated through appropriate Environmental/Social
Management and Monitoring Plan
1.3) Suggestions to mitigate potential negative impacts What concerns in your opinion should be addressed by the Proponent/Contractor before and during the
construction of the proposed project to reduce negative impacts to the environment and human health?
i)………………………………………………………………………………………………
ii)………………………………………………………………………………………………
iii)………………………………………………………………………………………………
iv)………………………………………………………………………………………………
1.4) Respondent’s Final Verdict In your opinion, the proposed project should be?
[1] Implemented without any conditions [2] Implemented but with sound mitigation
measures to the concerns raised in 1.3 above [3] Don’t know(undecided) [4] Rejected
Thank you for your cooperation Sir/Madam The End
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT REPORT FOR THE PROPOSED STORM DRAINS IN
SIAYA TOWN, SIAYA MUNICIPALITY, SIAYA COUNTY
CHECKLIST Project Component Key environmental and social issues
Storm Drains Baseline information of storm drains
Impact on biological environment -fauna and flora
Impact on physical environment- air, water and soil/land
Solid wastes- construction phase
Solid wastes- operation phase
Solid wastes- decommissioning phase
Occupational safety and health
Workers’ rights- Man hours per day, wages, PPEs, etc
Safety of construction materials
Training of workers
Earthworks
