W"'" \ ESMP CHECKLIST FOR KANGEMA COURT REHABILITATION ACTIVITIES

PART 1 GENERAL PROJECT AND SITE INFORMATION . .

INSTITUTRIONAL & ADMINISTRATIVE Country Kenya

Project Title Judicial Performance Improvement Project (JPIP)

Scope of project and The scope of project and activity include the following: activities

a) Preparation of Environmental Impact Assessment Report and obtaining licence

from National Environmental Management Authority (NEMA)

b) Repair of Leaking Roof

c) Repainting of Building

d) Construction of additional series of flush toilets for the court cell and Members of

Public

e) Construction of Shed and Seats for Use by Members of the Public

~ Extension of Waiting Room

g) Fencing to Secure Court Premises

h) Construction of two extra Court Rooms

I) Construction of exhibit Store

j) Paving the compound and parking for vehicles

k) Construction of separate room for probation officers

I) Construction of a shade for security guard and corresponding sanitation facilities

m) Expansion of the prosecution room

n) Construction of a kitchenette, library and a waiting room

Institutional WB Judiciary arrangements Project Team Leader Project Coordinator (Names and contacts) Nightingale Rukuba-Ngaiza Kakai Kissinger

WORLD BANK OPERATIONAL POLICIES Environmental The Project triggers Environmental Assessment: OPIBP 4.01 . The objective of this Assessment OP/BP 4.01 . policy is to ensure that Bank-financed projects are environmentally sound and

sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and trans-boundary and global environment concerns. A range of instruments can be used to conduct Environmental Assessments i.e. EIA, environmental audit, hazard or risk assessment and environmental management plan (EMP). The Borrower is responsible for canying out the requirements under the EMP.

SITE DESCRIPTION Name of site Kangema Magistrate Court

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Description of site location The site is located in the outskirts of Kangema Attachment 1: site Map (X] Y [J N Town, Murang'a County, approximately l09km North East of Nairobi. It is bordered to the North and West by General Kago Stadium, to the South West by Kangema SUb-District Hospital across the access road at approximately 200m and to the East by an agricultural land across an access route.

land Owner The Judiciary

Description of geographic, physical, biological, geological, hydrological and socio economic context

locations and distance for material sourcing, water and electricity.

LEGISLATION National & local legislation & permits that apply to project activity

The project area is sloping on both the Eastern and the Western side. There is plenty of vegetation cover with trees of Eucalyptus species dominating the landscape. The area has adequate vegetation cover to prevent soil erosion.

Rainfall in the project area is due to the movement of the inter-tropical convergence zone of the southern and northern hemisphere air masses. This gives rise to two rainy seasons, the short rains (October-November) and the long rains (MarCh-May). Relief largely dictates the amount of rain. The mean annual rainfall in the area is 1200mm

The geology of the area consists of volcanic rocks of Pleistocene to Recent and Tertiary eras and Basement System rocks of Archean type. The volcanic rocks occupy the western part of the District bordering the Aberdare while the rock of the Basement

Since rainfall in the area is more-than 875 mm annuaiiy and· since rei ativeiy high precipitation is retained as groundwater in the volcanic rocks, most of the rivers in the district flows throughout the year. This perennial flow is further regulated through the hydrological stabilisation generated by the forest vegetation in the elevated areas of the district. Seasonal rivers and streams are found only in the southeastern part of the district where the porous Basement system soils drain freely. The water struck levels is approximately 122m below ground level and the water rest level is around 18rn below ground level.

The general geology of Muranga District consists of volcanic rocks of Pleistocene to Recent and Tertiary eras and Basement System rocks of Arcnean type. No intrusive rocks are found in the district. The volcanic rocks occupy the western part of the district bordering the Aberclare while the rock of the Basement System occupies the eastern portion of the district. The volcanic accumulations originated from the Rift Valley and Mount Kenya; the earliest of the, the phonolites, flowed from the west during the Miocene period. These were subsequently covered by deposits of ash and basalt. Further extrusions of phonolile, trachyte and basaH originated from the Mount Kenya area during the Tertiary and Pleistocene periods

Being located in an urban centre, there are no wildlife within the project area and its environs.

The rehabilitation activities will involve use of limited quantities of materiats. Majority of the materials will be sought from Kangema town or Muranga Town which is the District Headquarters. The court has piped water supply and electlicity from the national grid.

A. National and Local Legislations that apply to project activity

(I) Environment Management and Coordination Act, 1999 Section 58 of this Act requires Environmental Impact Assessment to be carried out on projects that are out of character with their surroundings.

(ii) The Water Act, of 2002 This Act prohibits the pollution of water. Part II , section 3 states:" every water resource is hereby vested in the State subject to any rights of user granted by or under this Act or any other written law.

(iii) Environmental (Impact Assessment and Audit) Regulations 2003 These regulations stipulate how an EIA project report should be prepared and specifies all the requirements that must be complied with. It highlights the stages to be followed, information to be made available, role of every stakeholder and rules to be observed during the whole EIA report making process.

(Iv) Environmental (Impact Assessment and Audit) Regulations 2003 The regulations stipulate how an EIA project report should be prepared and specifie all the requirements that must be complied with. It highlights the stages to be followed, information to be made available, role of every stakeholder and rules to be observed during the whole EIA report making process. Sample of Table of contents elaborating what needs to captured in the EtA Project Report is also provided.

(v) The Physical Planning Act of 1996 This Act makes provision for development control. Persons wishing to undertake developments must apply for and obtain consent from the local Planning Authority

(vi) Draft Air Quality Regulations, 2008

The objective of these Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. It provides fO( the establistvnent of emission standards for various sources such as mobile sources (e.g. molo< vehicles) and stationary "'"""" (e.g. generators) as outrined ;n the Environmental Management and Coordination Act, 1999.

(Vii) 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 injuries or dangerous to human health. Section 116 requires that Local Authorities take alilawrul, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to be injurious 0( dangerous to human health.

(Viii) Environmental Management and Co-Ordination (Waste Management) Regulations 2006 These Regulations apply to all categories of waste including solid waste, industrial waste, hazardous waste, pesticides and toxic substances, biomedical wastes and radioactive substances. Part II of the Regulations prescribes responsibility of Waste Generators. It states that no person shall dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle.

(Ix) The Local Government Act, Cap 265 This Act contains provisions empowering local authori ties to control discharges. Under Section 163, a local authority may control or prohibit activities, both industrial and domestic, which constitutes 'a source of danger, discomfort or annoyance to the neighborhood', as an offensive trade or as have been gazetted by the Minister.

(x) Environmental Management and Co-Ordination (Water Quality) Regulations, 2006 The Regulations provide for Prevention of Water Pollution. They require every person to refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water pollution

(xii) Environmental Management and Co-Ordination (Water Quality) Regulations, 2006 These Regulations provide for Prevention of Water Pollution . They require every person to refrain from any act which directly or indiredly causes, or may cause immediate or subsequent water pollution.

(xv) Noise and Excessive Vibration Pollution (Control) Regulations of 2009. Legal Notice No. 61 Under Part II, section 3 on 'General prOhibitions', the Regulations provide that no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment.

(xvi) Engineers Registration Act Cap 530 An Act of Parliament to provide for the registration of engineers and for connected purposes

PUBLIC CONSULTATION When! where the public consultation process took place

xvii) The Occupational Safety and Health Act (OSHA), 2007 This Act provides for the general duties of occupiers of work places. The Act provides for safe use of plant, machinery and equipment and states that all plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be onerated bv'a comnetent nerson.

B. Pennits that apply to project activity

• Environmental Impact Assessment licence • Development permission from the Local Planning Authority in Kangema • Permit to dispose of rehabilitation waste including any excavated soil

Public consultation took place at the Judiciary in Nairobi on October 8-9, 2012. The Officers of the Judiciary consulted include the following:

• Kakai Kissinger - Deputy Chief Registrar, Judiciary • Peter Mulwa - Registrar. Magistrate Courts

• Caroline Kabucho - Assistant Registrar, Magistrate Courts

Further public consultation was done on October 10, 2012 at the project site which included the court staff, the provincial administration representatives, the local community representatives and the business community of the area. A local area Radio Station, Kangema FM broadcasting in the local language was also represented by their programming officer who reported on the same. The majority of people consulted welcomed the project and were of the opinion that no adverse negative effects shall result from the proposed project activities. The major concern was noise and dust pollution during the project implementation affecting the neighbouring installations with the hospital being the main sensitive receptor. However, it was established from the physical observation that noise pollution will be minimal since the hospital is approximately 200m away. In addition, adequate measures shall be put in place to address possible noise pollution. Consultation with Met department revealed that the area's wind direction is north easterly meaning the dust pollution will not adversely affect the hospital which is located to the south west. Soil erosion was also identified as a major concern due to the sloping nature of the project site; however with good engineering technologies employed this concern can be mitigated against during the project implementation. Other social issues and concerns thai came up during the consultation meeting were:

• Inadequate security within the court premises with regards records keeping and accused persons escaping from court premises;

• No separate cell for children and adults;

• Lack of accommodation for Court staff; • Burning contrabands and waste in the open pit; • Current court set-up intimidate children

However, the local administration indicated that the public were eagerly awaiting the project implementation and would provide the necessary support for the proposed project.

Attachment 2: list of Participants at the Public Consultation Meeting [IN (Xl y

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INSTITUTIONAL CAPACITY BUILDING W ill there be any capacity Attachment 3: Capacity building program [X 1 N II Y building?

GRIEVANCE MECHANSIMS

Will there be grievance Grievances on the project will be handled by the Chief Registrar'S office in Nairobi. handling mechanisms? This information will be made available on site.

PART 2: SAFEGUARDS INFORMATION

Will the site activity includel involve any of the following?

1 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchasedl transferred and affects people who are living and lor squatters and/or operate a business (kiosks) on land thai is being acquired.

2 Toxic! hazardous material includes but is nollimited to asbestos, toxic paints, noxious solvents, removal of lead paint, elc

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PART 3: MITIGATION MEASURES

ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST

O. General Conditions Notification and Worker safety a) The local stakeholders have been notified of the upcoming activities.

b) All legally required permits w ill be acquired for the rehabilitation.

c) The contractor formally agrees thai all work will be carried out in a safe and disciplined manner

designed to minimize impacts on neighboring residents and environment.

d) Wor1(ers' personal protective equipment will comply with good international practice (always hardhals,

nose masks, safely glasses, harnesses for providing safety to those working al heights and safely

boots).

e) Appropriate signposting of the sites will inform workers of key rules and regulations to follow. A. General rehabilitation Air Quantity a) The surrounding environment of the area under rehabilitation shall be kept free of debris to minimize

activities dust. b) The area of the building where painting shall be ongoing will be cordoned off and the workers shall be

required to wear nose masks.

c) There will be no open burning of construction I waste materials at the site.

d) There will be no excessive idling of vehicles used during the rehabilitation works.

Noise a) Noise will be limited to restricted times agreed to in the permit during rehabilitation activities

b) During operations the engine covers of generators, air compressors and other powered mechanical equipment shall be closed and equipment placed as far away people as possible

Water Quality a) The site will establish appropriate erosion and sediment control measures such as e.g . hay bales and

lor silt fences to prevent sediment from moving off site.

b) Oils from vehicles and machines being used in the rehabilitation shall not be released to the ground. Such used oils shall be kept in containers for collection and appropriate disposal to avoid pollution.

W aste Management a) Waste collection and disposal pathways and sites will be identified for aU major waste types expected from rehabilitation activi ties.

b) Mineral construction waste will be separated from general refuse, organic, liquid and chemical wastes by onsite-sorting and stored in appropriate containers.

c) Construction waste will be collected and disposed of by NEMA licensed waste collect ion disposal firms. d) The records of waste disposal will be maintained as proof of proper management as provided in the

contractors site waste management Plan. e) VVhenever feasible the contractorwiU reuse and recycle appropriate and viable materials (except asbestos).

Any asbestos shall be collected and disposed of by approved firms registered by NEMA.

B. Individual wastewater Water Quality Wastewater management is through an existing septic tank. There is no waste water treatment system within the

treatment system court compound.

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ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST

C. Historic building(s) There are no historic buildings at the Kangema Court.

D. Acquisition of land No land acquisition is involved. The rehabil itation is being carried on an existing court building

E. Toxic Materials Asbestos Management There is no asbestos at the project si le. No asbestos materials will be used during the repair of the leaking roof.

Toxicl hazardous waste a) Temporarily storage on site of all hazardous or toxic substances will be in safe containers labeled with management details of composition, properties and handling information.

b) The containers of hazardous substances shall be placed in a leak-proof container to prevenl

leaching and leaking.

c) The waste shall be transported by specially licensed carriers and disposed of in a licensed

facility.

d) Paints w ith toxic ingredients or solvents or lead-based paints will not be used during repainting

of the court building.

F. Affected forests, wetlands Protection There are no forests, wetlands or protected areas within project site area and/or protected areas

G. Disposal of medical Infrastructure for medical waste No medical wastes are associated with the project

waste management

H. Traffic and Pedestrian Direct and indirect hazards to In compliance with national regulations, the contractor will ensure that the construction site is properly Safety public traffic and pedestrians secured and construction related traffic regulated.

by construction activities This includes but is not limited to:

• Signposting, warning signs, barriers: site will be dearly visible and the public warned of all potential hazards.

• Traffic management, especially for si te access and near -site heavy traffic. Provision of safe passages for pedestrians where rehabilitation activities will be laking place.

• Any areas excavated during rehabilitation exercise will be demarcated with a visible barrier.

I. Wor1<ing at Heights Wor1<er safety Provide workers working at heights with appropriate ladders and hamesses

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PART 4: MONITORING PLAN

Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Kesponslble be monitored monitoring monitoring Monitoring Persons

During preparation Ambient Air Within the The rehabilitation exercise The baseline To determine ambient air Included in the The EIA quality boundaries of the will involve very limited monitoring shall be quality project budget consultant

site construction activities that Baseline noise Within the The baseline To determine baseline Included ;n Ihe The EtA levels boundaries of the The Noise measurements monitoring shall be noise levels project budget consultant

site will be carried oul as per carried out daily for Ihe ISO 19961

" 2, 3 a period of at least

standards, as follows: five days prior to project

• Inspection of the implementation site

• Measurement of the noise levels within site boundary

• Noise levels expressed in decibels, A-weighted sound pressure level (dBA).

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Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Responsible be monitored monitoring monitoring Monitoring Persons

During rehabililat io Air Quality Near dusty In order to establish the Weekly during • To identify the exten t Included in the Environmental of court building malerial storage ambient air quality of the implementation of dust during project budget Panel (EP)/Air

piles area and its environs, a process rehabilita tion; Quality Committee Gent PM10 air sampler wi th Stacked Filter Units (SFU) • To determine the will be used to collect two effectiveness of size fractionated aerosol mitigation measures t samples throughout the control dust emission sampling exercise. The air from activities during sampler will be positioned rehabilitation at 1.5 m above the ground • To audit the level. compliance of the

Contractor with regard to dust control, contract conditions and the relevant dust impact criteria;

• To recommend furthe mitigation measures if found to be necessary; and

• To comply with local laws and regulations

lO IPage

Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Responsible be monitored monitoring monitoring Monitor ing Persons

Noise Levels Near areas where The Noise measurements Weeklyduring • Noise levels shall be Included in the Environmental machines are will be carried out as per implementation monitored to evaluate project budget Panel (EP)/Air used Ihe ISO 19961 " 2, 3 process the construction noise Quality Committee

standards, as follows: impact during the construct ion phase.

• Inspection of the site • To comply with local • Verification/Calibration laws and regulations.

of the sound level meter before and after the measurements.

• Measurement of the noise levels within the site boundary.

• Noise levels expressed in decibels, A-weighted sound pressure level (dBA),

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PROPOSED REHABILITATION WORKS AT KANGEMA MAGISTRATE COURT ESMP PUBLIC CONSULTATION MEETING · October 10, 2012 at f AA (wRT Yk-'CN\ C ~e f2.S

LIST OF PARTICIPANTS

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Proposed Rehabilitation Works

PROPOSED REHABILITATION WORKS AT KANGEMA M iTRATE COURT ESMP PUBLIC CONSULTATION MEETING - October 10,2012 at ..J _ O:::N"--' '/l.(J);,N\ Q,~G\L..s

LIST OF PARTICIPANTS

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