Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Proponent: Kenya National Highways Authority (KeNHA) Assignment: Carry out Environmental and Social Impact Assessment Study on the Proposed Upgrading Activities for Chesongoch – Tot Road (C52) in Marakwet District. Report Title: Environmental and Social Impact Assessment Study Report Name and Address of Firm of Experts: Aquaclean Services Limited Firm of Experts P. O. Box 1902 – 00100, Nairobi, Kenya. Tel : 0722 809026 NEMA Registration No. 1899 Signed: Date: Mr. Harrison W. Ngirigacha (MSc. WERM, BSc. Chem.) Lead EIA Expert, NEMA Reg. No. 027 Aquaclean Services Limited Name and Address of Proponent: The Director General Kenya National Highways Authority (KeNHA) P. O. Box 49712 – 00100, Nairobi, Kenya Tel. No. 254 20 8013842 Signed: Date: 1 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Table of Contents ACRONYMS....................................................................................................................................................................... 5 NON-TECHNICAL SUMMARY ...................................................................................................................................... 6 CHAPTER ONE: ESIA STUDY BACKGROUND ................................................................................................ 12 1.1 INTRODUCTION ..................................................................................................................................................... 12 1.2 ESIA OBJECTIVES AND SCOPE .............................................................................................................................. 12 1.3 PROJECT JUSTIFICATION ........................................................................................................................................ 12 1.4 STUDY METHODOLOGY ........................................................................................................................................ 13 1.4.1 Documentary (Literature) Review .............................................................................................................. 13 1.4.2 Field Assessment ......................................................................................................................................... 13 1.4.3 Consultative Public Participation Forum ................................................................................................... 14 1.4.4 Impact Assessment ...................................................................................................................................... 14 1.4.5 Reporting .................................................................................................................................................... 15 1.5 STUDY TEAM ........................................................................................................................................................ 15 CHAPTER TWO: PROJECT DESCRIPTION ....................................................................................................... 16 2.1 PROJECT LOCATION .............................................................................................................................................. 16 2.2 THE ROAD CHARACTERISTICS .............................................................................................................................. 16 2.2.1 Surface Condition ....................................................................................................................................... 16 2.2.2 Road Physical Profile ................................................................................................................................. 17 2.2.3 Lands Use Trends ....................................................................................................................................... 17 2.2.4 Social Status................................................................................................................................................ 17 2.2.5 Economic Status.......................................................................................................................................... 17 2.3 DESIGN ASPECTS .................................................................................................................................................. 18 2.3.1 Current Status ............................................................................................................................................. 18 2.3.2 Current Traffic Patterns ............................................................................................................................. 18 2.3.3 Proposed Improvement ............................................................................................................................... 19 2.4 IMPLEMENTATION SCHEDULE AND ESTIMATED PROJECT COST............................................................................. 20 CHAPTER THREE: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK.............................................. 22 3.1 NATIONAL POLICIES.............................................................................................................................................. 22 3.1.1 The Constitution of Kenya .......................................................................................................................... 22 3.1.2 Kenya Vision 2030 ...................................................................................................................................... 23 3.1.3 The Land Policy (2007) .............................................................................................................................. 23 3.1.4 National Environmental Action Plan .......................................................................................................... 24 3.1.5 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development ......................................... 24 3.1.6 Forest Policy ............................................................................................................................................... 24 3.1.7 The National Biodiversity Strategy, 2007 ................................................................................................... 25 3.1.8 National Policy on Water Resources Management and Development ........................................................ 25 3.1.9 Wildlife Policy ............................................................................................................................................ 26 3.1.10 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP) 26 3.2 LEGAL ASPECTS .................................................................................................................................................... 28 3.3 INSTITUTIONAL FRAMEWORK ............................................................................................................................... 35 CHAPTER FOUR: 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 BASELINE CONDITIONS (ENVIRONMENT) ..................................................................... 36 OVERVIEW ............................................................................................................................................................ 36 PHYSIOGRAPHY AND TOPOGRAPHY ...................................................................................................................... 36 WATER SOURCES .................................................................................................................................................. 37 CLIMATIC CONDITIONS ......................................................................................................................................... 38 WILDLIFE .............................................................................................................................................................. 38 VEGETATION ......................................................................................................................................................... 39 CONSERVATION AREAS ......................................................................................................................................... 39 GEOLOGY AND SOILS ............................................................................................................................................ 40 MATERIAL SITES ................................................................................................................................................... 40 2 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 4.9.1 4.9.2 4.9.3 4.9.4 Hard Stone Quarries ................................................................................................................................... 40 Earth Works and Fill Materials .................................................................................................................. 40 Gravel Sources............................................................................................................................................ 40 Water .......................................................................................................................................................... 40 CHAPTER FIVE: BASELINE CONDITIONS (SOCIAL AND ECONOMIC) ................................................... 41 5.1 ADMINISTRATIVE AND POLITICAL BOUNDARIES ................................................................................................... 41 5.2 POPULATION AND DEMOGRAPHY .......................................................................................................................... 42 5.3 SOCIAL SETTING ................................................................................................................................................... 42 5.3.1 Settlement Patterns and Housing Structures .............................................................................................. 42 5.3.2 Land Ownership and Use ........................................................................................................................... 43 5.3.3 Labour Force and Employment .................................................................................................................. 44 5.3.4 Education .................................................................................................................................................... 44 5.3.5 Health ......................................................................................................................................................... 45 5.3.6 Infrastructure, Transport and Communication ........................................................................................... 46 5.3.7 Stakeholders and Institutional Presence ..................................................................................................... 46 5.3.8 Institutions Served ...................................................................................................................................... 47 5.4 ECONOMIC ACTIVITIES ......................................................................................................................................... 47 5.4.1 Trading ....................................................................................................................................................... 47 5.4.2 Livestock Keeping ....................................................................................................................................... 48 5.4.3 Crop Farming ............................................................................................................................................. 49 5.4.4 Trade and Industry ..................................................................................................................................... 49 5.5 CROSS CUTTING ISSUES ........................................................................................................................................ 50 5.5.1 Poverty and Income .................................................................................................................................... 50 5.5.2 Gender ........................................................................................................................................................ 50 5.5.3 HIV/AIDS .................................................................................................................................................... 51 5.5.4 Culture ........................................................................................................................................................ 51 CHAPTER SIX: PROJECT ALTERNATIVES ANALYSIS ................................................................................... 53 6.1 GENERAL .............................................................................................................................................................. 53 6.2 ALTERNATIVES ANALYSIS .................................................................................................................................... 53 6.2.1 Alternative 1 (No Option) ........................................................................................................................... 53 6.2.2 Alternative 2 (Existing Route with Realignments) ...................................................................................... 53 6.2.3 Alternative 3 (Chesongoch – Tot upgrading Option) ................................................................................. 53 CHAPTER SEVEN: 7.1 7.2 7.3 7.4 7.4.1 7.4.2 7.4.3 7.5 CONSULTATIVE PUBLIC PARTICIPATION .................................................................... 54 Overview .......................................................................................................................................................... 54 The Process ..................................................................................................................................................... 54 In-Depth Interviews ......................................................................................................................................... 54 Consultative Public Participation Meetings .................................................................................................... 56 Consultative Public Participation Process ................................................................................................. 56 Public Views/Opinions, Comments and Suggestions .................................................................................. 56 Fears and concerns ..................................................................................................................................... 57 Summary of Consultative Process ................................................................................................................... 57 CHAPTER EIGHT: ANTICIPATED IMPACTS AND MITIGATION MEASURES ........................................... 61 8.1 GENERAL OVERVIEW ............................................................................................................................................ 61 8.2 IMPACTS ANALYSIS............................................................................................................................................... 62 8.2.1 Positive Impacts .......................................................................................................................................... 62 8.2.2 Negative Environmental Impacts ................................................................................................................ 63 8.3 NEGATIVE SOCIAL AND ECONOMIC IMPACTS ........................................................................................................ 65 8.3.1 Economic impacts ....................................................................................................................................... 65 8.3.2 Social impacts ............................................................................................................................................. 65 8.4 MITIGATION MEASURES ........................................................................................................................................ 66 CHAPTER NINE: 9.1 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN ................................................... 73 AN OVERVIEW ...................................................................................................................................................... 73 3 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 9.2 GUIDING PRINCIPLES ............................................................................................................................................ 73 9.3 SCOPE OF THE MANAGEMENT PLAN...................................................................................................................... 73 9.4 RESPONSIBILITIES ................................................................................................................................................. 74 9.5 KEY MANAGEMENT ASPECTS ............................................................................................................................... 75 9.6 EMP MATRIX ....................................................................................................................................................... 76 9.6.1 Construction Stage...................................................................................................................................... 76 9.6.2 Road Use and Maintenance ........................................................................................................................ 79 CHAPTER TEN: 10.1 10.2 CONCLUSIONS AND RECOMMENDATIONS .................................................................... 82 CONCLUSION .................................................................................................................................................... 82 RECOMMENDATIONS ........................................................................................................................................ 83 REFERENCES ................................................................................................................................................................. 84 ANNEXES ......................................................................................................................................................................... 85 ANNEX I: PROJECT LOCATIONS MAPS .................................................................................................................... 86 ANNEX II: TERMS OF REFERENCE ............................................................................................................................ 87 ANNEX III: DESIGN CONCEPTS EXTRACTS ........................................................................................................... 88 ANNEX IV: PRESENTATION TO THE CLIENT ......................................................................................................... 89 ANNEX VI: LIST OF PERSONS CONSULTED ........................................................................................................... 90 ANNEX VII: COMMENTS AND SUGGESTIONS FROM STAKEHOLDERS ..................................................................... 91 LIST OF FIGURES FIGURE 1: TOPOGRAPHICAL MAP SHOWING THE ROAD EXTENT....................................................................................... 21 FIGURE 2: TYPICAL LANDSCAPE .................................................................................................................................. 37 FIGURE 3: SAMPLE SURFACE W ATER SOURCES ........................................................................................................ 38 FIGURE 4: SAMPLE VEGETATION ................................................................................................................................. 39 FIGURE 5: SAMPLE HOMESTEADS ............................................................................................................................... 43 FIGURE 6: SAMPLE EDUCATIONAL INSTITUTIONS........................................................................................................ 45 FIGURE 7: COMMERCIAL FEATURES ............................................................................................................................ 48 FIGURE 8: SAMPLE LIVESTOCK.................................................................................................................................... 49 FIGURE 9: PUBLIC CONSULTATION FORUMS ............................................................................................................... 57 LIST OF TABLES TABLE 1: LINKAGES AND CONCERNS ............................................................................................................................... 8 TABLE 2: SCHEDULE OF PUBLIC CONSULTATION MEETINGS .................................................................................... 14 TABLE 3: CONDITION OF THE EXISTING PAVEMENT .................................................................................................. 17 TABLE 4: FEBRUARY 2012 AVERAGE ANNUAL DAILY TRAFFIC ................................................................................ 18 TABLE 5: TRAFFIC COMPOSITION AT DIFFERENT LOCATIONS .................................................................................. 19 TABLE 6: KEY ENVIRONMENTAL LEGAL SECTIONS IN KENYA ................................................................................... 28 TABLE 7: ADMINISTRATIVE UNITS OF MARAKWET EAST CONSTITUENCY ................................................................. 41 TABLE 8: ADMINISTRATIVE UNITS TRAVERSED BY THE PROJECT ROUTE ................................................................ 41 TABLE 9: POPULATION SCENARIOS BY ADMINISTRATIVE UNITS ............................................................................... 42 TABLE 10: SCHOOLS AND THEIR POPULATIONS ALONG THE PROJECT ROAD.................................................................. 44 TABLE 11: STAKEHOLDERS AND THEIR ROLES IN THE PROJECT AREA...................................................................... 46 TABLE 12: VARIATION IN MALES/FEMALES IN THE PROJECT DISTRICT ...................................................................... 50 TABLE 13: CONCERNS AND RECOMMENDATIONS FROM THE IN-DEPTH INTERVIEWS ...................................................... 54 TABLE 14: CPP VENUES AND LEVELS OF PARTICIPATION................................................................................................ 56 TABLE 15: LINKAGES AND CONCERNS......................................................................................................................... 61 TABLE 16: MITIGATIONS MATRIX ................................................................................................................................. 67 TABLE 17: EMP CONSTRUCTION................................................................................................................................. 76 TABLE 18: EMP MAINTENANCE ................................................................................................................................... 79 4 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ACRONYMS AIDS CBO CDC CDF CHW CMEC CSO DDC DDO DDP DEC DO EU FBO FGD HIV ICT IFAD ISP ITK KCC KFS KVDA KWS LATF LDC M&E MDG MoR&PW MPND MTEF MYW O NACC NALEP NEMA NGO NIMES NMK NPEP OVC PMC PMTCT PRA PRSP PTA RMLF SACCO SIDA STI TBA VCT AIC FGM AIDS HIV ICT NEMA OVC VCT CPPs Acquired Immune Deficiency Syndrome Community Based Organization Constituency Development Committee Constituency Development Fund Community Health Worker Constituency Monitoring and Evaluation Committee Civil Society Organization District Development Committee District Development Officer District Development Plan District Executive Committee District Officer European Union Faith-Based Organization Focus Group Discussion Human Immune Deficiency Virus Information Communication Technology International Fund for Agriculture and Development Internet Service Provider Indigenous Technical knowledge Kenya Co-operative Creameries Kenya Forest Service Kerio Valley Development Authority Kenya Wildlife Service Local Authority Transfer Fund Location Development Committee Monitoring and Evaluation Millennium Development Goals Ministry of Roads and Public Works Ministry of Planning and National Development Medium Term Expenditure Framework Maendeleo Ya Wanawake Organization National AIDS Control Committee National Agriculture and Livestock Extension Programme National Environment Management Authority Non Governmental Organizations National Integrated Monitoring and Evaluation System Njaa Marufuku Kenya National Poverty Eradication Plan Orphans and Vulnerable Children Project Management Committee Prevention of Mother to Child Infections Participatory Rural Appraisal Poverty Reduction Strategy Paper Parents Teachers Association Roads Maintenance Levy Fund Savings and Credit Cooperative Society Swedish International Development Agency Sexually Transmitted Infections Traditional Birth Attendant Voluntary Counseling and Testing Africa Inland Church Female Genital Mutilation Acquired Immune Deficiency Syndrome Human Immune Deficiency Virus Information Communication Technology National Environment Management Authority Orphans and Vulnerable Children Voluntary Counseling and Testing Consultative Public Participation 5 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) NON-TECHNICAL SUMMARY Introduction Marakwet District is one of the 2 districts in Elgeyo Marakwet County having been curved out from the greater Elgeyo Marakwet district in the former Rift valley province in Kenya. It borders West Pokot County to the north, Baringo County to the east, Keiyo district to the south, Uasin Gishu to the southwest and Trans-Nzoia County to the west. The district extends from latitude 00 51‟ to 10 19‟N and 350 29‟ to 350 43‟E. Marakwet District is a district with great potential, Kerio valley which is one of the regions in the area carries huge potential of mineral resources including gold, fluorite and limestone. The region also has beautiful sceneries which if well packaged could be a touristic attraction centre. Generally the region is well endowed with natural resources. Tapping of this potential would require improvement of physical infrastructure and specifically road networks. It is for the achievements of this objective that the government is proposing to upgrade the Chesongoch-Tot road (C 52) to bitumen standard. The project road is part of the greater Biretwo-Tot road that starts at the junction of C51 Kabarnet – Iten road. The project road will follow the existing earth road carriageway and traverses through existing markets in the area including Chesongoch, Kabetwa and Tot among others. The road runs through a high potential area of the low lying Kerio valley and to the north are the Marakwet escapements. The road will not only open up the greater Marakwet East district but also link it with economic centers such as Kabarnet, Iten, Eldoret, Nakuru as well as Nairobi. Road construction and improvement poses both positive and negative impacts to the physical, biological and social as well as economic setting of the affected areas. While the project should enhance the positive aspects, measures should be integrated in the project to minimize or eliminate adverse impacts. It is worth understanding that, building a more environmentally stable future clearly requires some vision and as a basic component of any strategy it should be sustainable and sound. The measures to be put in place should be developed such as to cover the construction and post commissioning phases. This environmental and social impact assessment study was commissioned to assess the baseline environmental and social setting, establish any anticipated impacts from the project and develop appropriate preventive action plans. The ESIA study process was undertaken in accordance with the Environmental impacts regulations (2003) under the EMCA 1999. In addition experiences from other road projects in country have also been applied as references. Project Location The project road is a continuation of the greater C52 Biretwo- Tot road starting at the junction of D340/ C52 Road the junction to Chesoi on the Chesongoch area. The project road is situated in Elgeyo Marakwet county of Kenya in the former Rift valley Province. The road traverses the floor of the Kerio valley and connects B4 and C52, thereby completing the loop around the ElgeyoMarakwet escarpment. The road corridor traverses three administrative locations namely Murkutwo, Mokoro and Koibirir all in Marakwet East District. The project road begins just before Chesongoch trading centre at the junction D340/C52 and proceeds in a northerly direction and measures approximately 14.0Km long inclusive of 1.2Km loop roads at trading centre‟s of Chesongoch and Tot. Other markets centre‟s along the road are Kabetwa and Mokoro. Project Justification Of the 451.1 km of total classified roads in Marakwet District, the spine road (C52) linking Biretwo town to the southern end on the Iten-Kabarnet road to the B4 Kapenguria- Lodwar road at the 6 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Chelget junction is earth and murram surfaced serving more than 60% of the district population. This road provides a shorter, less hilly alternative access to Iten town through Biretwo and other potential areas of Elgeyo Marakwet County. It further connects parts of Uasin Gishu district to the north through the Iten- Eldoret road and then to major commercial centres of Western Kenya including Kakamega, Kisumu, Bungoma, Maraba border town as well as Kitale and other important towns of northern Kenya. Upgrading of this road, therefore, will not only open up the Marakwet district to social and economic development but also the overall improvement in linkages to the northern districts, enhance security in the region and encourage sustainable utilization of natural resources. The Kenya Vision 2030 has identified poor road infrastructure as a major constraint to doing business. General infrastructure improvement has been cited as a necessity in improving the livelihoods of people living in farming and pastoral districts. It concludes and notes that road infrastructure improvement is important in improving the security of the people. Key Observations Chesongoch- Tot road (C52) is basically earth road which at the present is in poor condition and is likely to be impassible during the rainy seasons. At present rehabilitation works on the very bad sections of the road is been done through the use of “marrum” or gravel under the KenHA Roads programme. The road corridor is generally gentle to undulating with breaks of shallow valleys and many furrows used to irrigate the farm lands on the lower side of the escarpment. The physical profile is influenced by the deep Elgeyo Marakwet escarpment on the northern side of the road corridor and the gentle terrain to the south. The alignment also has sharp beds in a number of locations. The road is being improved by enhanced gravelling in between with visibly impassable sections during rainy seasons. It was also observed that traffic volume (and especially public transport) is much lower or none-exist in the whole section of the road due to its poor condition. Environmental characteristics for Marakwet district are greatly influenced by the arid conditions of Kerio Valley and the cool wet nature of the northern Elgeyo Marakwet ranges. The project corridor lies within the low lying Kerio valley and the Elgeyo Marakwet highlands on the northern side of the district. Kerio valley presents dry conditions, un-cohesive top soils and with a general drainage linked to Kerio River. As a result population is low, depicts poor productivity, and experience very high temperatures and low rainfall. On the other hand, the highlands are wet all year around, generally vegetated; soils are highly productive and relatively cooler weather conditions. As a result, the population density is relatively high. Agricultural and livestock production are the significant economic activities while several institutions are present is the road corridor. Chesongoch- Tot road (C52) runs along the intersection between the two zones i.e. the escarpment and the valley and the following section briefly describes the baseline conditions on environmental features. Other observations include; (i) (ii) (iii) (iv) The general land use is characterized by human settlements, crop and livestock production activities. Most of the land, therefore, is cleared of vegetation that once was a thick forest (extension of Elgeyo Marakwet ranges to the north and the Kerio valley sub catchment areas to the south), The population along the project corridor is relatively high, but more concentrated near markets. Crops and Livestock production seems to be the main backbone of economic wellbeing of the area. The land is owned at communal level hence production per area is low. The survey showed that there is potential for less land intensive farming such as fruits production, Road linkages seem to present the biggest challenge to social development in the area and the district in general; among them being access to markets and service locations, 7 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (v) It is proposed that the road surface be upgraded to bitumen standard guided by the following criteria;  Design to T4 class,  Type III cross section (6.5m carriage way and 1M shoulder) for the entire road,  Increase the shoulder width to 1.5M due to the high number of non-motorable transportation (NMT),  Key markets will be provided with service roads. These include Chesongoch and Tot,  Provision of entry culverts to premises from the road,  Provision of appropriate drainage and safe outfalls on sloppy sections  Provision of appropriate furniture and signage for road safety, especially at market locations and settlement sections, As material for the construction work, water will be obtained from any of the streams in the area following the laid down regulations. This could create significant social conflicts on the available water sources. The contractor will need to be advised in this regard, (vi) Anticipated Impacts The key linkages are summarized in the table below while specific impact aspects are discussed in chapter 5 of this report; Table 1: No. Linkages and Concerns Focal Areas 1. Natural Resources (wildlife, forests, vegetation/plant species, water sources, land, air, wetlands, etc.) 2. Physical Environment (topography, land forms, geology, hydrology, climate, etc.) 3. Social and economic environment (Populations trends, settlement, land use, infrastructure, economic activities, etc.) Health, Safety and Security aspects 4 Linkages/Environmental Concerns  Land degradation through soil loosening and loss through erosion,  Siltation of sources of water e.g. springs, stream, rivers, wetlands, etc.,  Water quality degradation from road construction and use of related pollutants (oil, grease, paint and asphalt),  Permanent destruction of vegetation cover along the road routes, diversions, contractors camp sites and materials sites,  Disruption of wildlife and general biodiversity,  Emissions into the air of dust (during earth moving and machinery movement) and smoke/hydrocarbons from equipment,  Degradation of wetlands and other hydrological regimes along the route,  Interference with the wildlife habitats and migratory corridors,  Changes in micro-topographic patterns along the route,  Interference with the hydrological trends and hence surface runoff,  Effects on the drainage systems and hydrological regimes,  Open quarries, materials borrow site, effectively changes land forms,  Effects on sub-surface geological formations in some areas as a result of earth moving and rock breaking activities,  Interference with sensitive features such as old trees, historical buildings, public amenities, cultural features, etc.  Population and settlement trends upon commissioning of the road,  Migration of outsiders for construction,  Increased moral decay during construction,  Changes in land use and urban growth trends,  Changes in major economic activities e.g. agricultural and settlements.  Benefits of the road to the communities,  Accessibility and efficiency in transport of people and their goods,  Changes in socio-cultural practices and lifestyles due to external influence,  Additional issues anticipated from social interactions.  Safety of the construction equipment to the workers, general public and the wildlife, 8 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) No. Focal Areas (construction safety measures, role of road in security, road safety and security upon commissioning, etc.) Linkages/Environmental Concerns         Interaction with the construction workers may lead to high HIV/AIDS cases, Noise to the residents and wildlife living immediately along the road, Signage to road users during construction, especially at night, Increased traffic flow upon commissioning implying higher risks of road accidents to the people and wildlife, Easy access by medical suppliers and security agents, Sanitation from construction sites, Handling of health risk sites and materials, Increased insecurity especially cattle rustling An outline of the key mitigation measures is integrated in the following management principles; Management Plan The project management system is expected to commit itself to the following aspects; (i) (ii) (iii) (iv) (v) (vi) The Contractor will engage an environmentalist/social expert to monitor the implementation of the management plan on a pre-agreed schedule, Take into consideration the community desires and interests where the road realignment/expansion touches on the trust land and, The project implementation shall uphold national policies and legal requirements on environment at all times during the project implementation, Ensure the proposed environmental protection measures stipulated in the impact – mitigation matrix on table 12 above are integrated in the project implementation plan to the extent possible, Resolve problems and complaints arising from damages and property losses within reasonable timeframes to ensure a smooth flow of construction operations and reduce social conflicts, Implement and continuously review this Environment and Social Management Plan for the benefit of acceptability of the project to all stakeholders, Precautions to ensure that damages to the environment are minimized calls for a concerted effort from the project management, the Contractor(s) and all stakeholders. Upon appointment, the Resident Engineer will be expected to discuss and convey the contents of this management plan, recommended mitigation/interventions outlined under the impact – mitigation matrix, instructions from NEMA as well as the wishes of the affected members of community to the Contractor and construction workers for integration in the construction process. The District Environmental Office in the affected districts will also be involved since they have up-to-date valuable information about the environmental and social trends in the area. Some community members in the settled areas might find the road construction period an inconvenience to their daily activities and safety, though the opinion on the long term benefits from the road project is positive. In this regard, the proposed community project committees will need to be involved in the project monitoring framework. Good relations, therefore, by the contractor with landowners and other stakeholders, therefore, will need to be established and sustained through timely information on the construction schedules, duration of construction works, potential interference with their daily activities and other issues arising. This will also help in resolving of problems related to construction and prevention of possible social conflicts associated with the project. Communication channels should always be open to ensure proper and timely responses to any complaints that may arise from the road project. 9 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Significant environmentally sensitive areas and potential impacts have been identified under this ESIA report and the Resident Engineer together with the Contractor will need to integrate the related mitigation measures in the project implementation. It is also recommended that during the construction period a pre-agreed schedule of environmental reviews of the works be developed to monitor the level of compliance with the recommendations of this ESIA. Conclusion Following the above analysis, it can be concluded as follows; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) The proposed upgrading of Chesongoch – Tot road (C52) has support from a majority of the immediate local residents as well as transit road users connecting with the neighbouring districts. It is also confirmed that negative impacts associated with the road will be easily mitigated through implementation of the management plan developed under this report, The existing road carriageway will be adopted to the extent possible unless it is extremely necessary to realign due to speed limits, sensitive habitats, settlement/markets or steep sections, There are possibilities that the road will cause a mushrooming of new settlements and market developments along the route, a situation that calls for a collaborations from the Ministries of Roads, Local Government and Lands on appropriate physical planning, Chesongoch – Tot road (C52) will provide a shorter, convenient and economical road connecting commercial centers such as Iten, Eldoret, Kakamega, Nakuru, Kisumu and even Nairobi city. Also connections to other consumer points in the northern Kenya districts (West Pokot and Turkana areas) as well as South Sudan will be enhanced. It will be a choice road compared to the meandering the steep slopes to Chesoi from Chesongoch when the Tot – Biretwa road is fully improved on the way to Iten and Kabarnet, There are significant settlements along most sections of the proposed road alignment corridor. Few sections, however, will require realignments and expansions since there is adequate reserve for the road construction and expansion throughout the route, Safety aspects during construction and post commissioning phases of the road project would need attention on sections of the road traversing moderate population densities and also around material sites. There are possibilities of increased vehicular flows and speeds on improved quality of the road that may lead to increased potential road accidents, Notable aspects touching on health include stagnant water in abandoned quarries and material pits that encourages vector breeding (e.g. mosquitoes) leading to related diseases (malaria). Dust and gaseous emissions into the air with potential bronchial infections and other health problems to the workers, the neighbouring residents and travelers, Social interaction of the construction employees, most of whom are likely to come from other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections. HIV/AIDS control is a major undertaking under the project that should particularly focus on the trading centers along the route in addition to areas of social and economic concentration within the project corridor. Among the activities in this regard should be geared towards advocacy (awareness creation), training and preventive measures. There are notable environmental features along the corridor that require intervention during the construction period as well as the road use. Among these include water sources (e.g. Chesongoch, Embok and Emburut rivers; the wetland near Embok river and the many river furrows been used by farmers to do irrigation); forested areas which 10 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (x) have irreplaceable giant indigenous trees (though most have been encroached) and sloppy sections, There is potential for the towns and markets along the road corridor experiencing a high growth magnitude due to the social and economic dynamics of the road use, a situation that may require intervention from the local authorities. Recommendations The following recommendations have been found appropriate; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) The Contractor should engage an in-house Environmentalist to guide on the implementation of the ESMP and other associated environment and social aspects, The Contractor to undertake environment and social impact assessments on all material sites before commencement of abstractions, The road should be upgraded to bitumen standard to a level usable by heavy load traffic; this is in line with agricultural activity in the area requiring heavy trucks to carry mangoes produced in the region. The road will also form the main transit route from the southern district to the northern region through Marakwet East district, All sensitive environments and habitats will be avoided. These particularly include wetland near Embok river, giant indigenous trees near Kabetwa market and the proximity to the escarpment, The markets along the road route should be provided with appropriate service roads while safe bus stops are integrated at strategic locations, Provide appropriate junctions and entrances to institutions and major locations, Provide safety barriers at locations too close to the escarpment edges, Appropriate re-vegetation and grassing would be necessary along the road reserve upon completion of the road construction, Install and maintain adequate road safety furniture and signage. These should also be accompanied by social engineering for the local communities including sensitization and education on wise and safe use of road, The Local Authorities should embark on appropriate physical planning of the towns and markets along the road corridor to facilitate focused growth of the markets in terms of service provisions, land use, etc., In regard to HIV/AIDS, it would be recommended as follows;  Review the activities of the road construction to integrate with the HIV/AIDS campaigns,  Develop appropriate training and awareness materials for information, education and communication (IEC) on HIV/AIDS,  Identify and partner other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for enhanced collaboration,  Develop an intervention strategy compatible with the road construction programme to address success of the HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders,  Integrate monitoring of HIV/AIDS preventive activities as part of the road constriction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs. 11 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER ONE: 1.1 ESIA STUDY BACKGROUND Introduction Infrastructural development provides a backbone for social and economic growth as well as enhanced positive management of natural resources. Accessibility encourages establishment of social facilities including schools, churches, health centre and markets. This also helps in bringing other services closer to the people with direct economic benefits such as reduced walking distances, less health care costs, affordable education to a majority and easy access to markets by the producers and buyers, directly boosting productivity at the grassroots and sustainability in holistic development. Marakwet District is a district with great potential, Kerio Valley which is part of the region carries huge potential of mineral resources including gold, fluorite and limestone. The region also has beautiful sceneries which if well packaged could be a touristic attraction centre. Generally the region is well endowed with natural resources. Tapping of this potential would require improvement of physical infrastructure and specifically road networks. It is for the achievements of this objective that the government is proposing to upgrade the Chesongoch – Tot road (C52) to bitumen standard. The project road will follow the existing earth road carriageway and traverses through major markets in the area including Chesongoch, Kabetwa and Tot among others. The road runs through a high potential area of the low lying Kerio valley and to the north are the Marakwet escapements. The road will not only open up the greater Marakwet East district but also link it with economic centers such as Kabarnet, Iten, Eldoret, Nakuru as well as Nairobi. Road construction and improvement poses both positive and negative impacts to the physical, biological and social as well as economic setting of the affected areas. While the project should enhance the positive aspects, measures should be integrated in the project to minimize or eliminate adverse impacts. It is worth understanding that, building a more environmentally stable future clearly requires some vision and as a basic component of any strategy it should be sustainable and sound. The measures to be put in place should be developed so as to cover the construction and post commissioning phases. This environmental and social impact assessment study was commissioned to assess the baseline environmental and social setting, establish any anticipated impacts from the project and develop appropriate preventive action plans. 1.2 ESIA Objectives and Scope The main objective of this ESIA was to identify significant impacts to the environment and social aspects and present appropriate preventive measures for integration in the implementation of the project. Specific objectives include; (i) (ii) (iii) (iv) 1.3 Present an outline of the project description A comprehensive description of environmental and baseline conditions across the route, Description of the anticipated impacts and associated mitigation measures, Development of a comprehensive environmental and social management plan for integration to the project implementation. Project Justification Marakwet District faces unique challenges and constraints that are inter-related and entrenched. Some of this has their roots in legal inequalities, social exclusion and economic marginalization that resulted from colonial rule. For example Sessional Paper No. 10 of 1965 on „African Socialism and its Application to planning in Kenya‟ reinforced a pattern of public investment where resources were 12 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) channeled to areas deemed to be of highest potential returns. This favoured the former white highlands while perpetuating the marginalization of the arid and semiarid areas. This aspect has led to the slow development of the district in successive post colonial administration in the country. The region covers an area of about 1709km2 and comprises 7 administrative divisions and 11 locations. The district has a total of 525.1km of road with only about 5% of the roads being bitumen standard. Of these roads, the spine road (C52) linking the Tot – Biretwa junction on the Kabarnet – Iten road junction is earth and murram surfaced. This road provides a shorter, less hilly alternative access to Iten town and other potential areas of Elgeyo Marakwet County. It further connects parts of Uasin Gishu district to the north through the Iten – Eldoret road and then to major commercial centers of Western Kenya including Kakamega, Kisumu, Bungoma, Maraba border town as well as Kitale and other important towns of northern Kenya. Upgrading of this road, therefore, will not only open up the Marakwet East district to social and economic development but also the overall improvement in linkages to the northern districts, enhance security in the region and encourage sustainable utilization of natural resources. The Kenya Kenya Vision 2030 has identified poor road infrastructure as a major constraint to doing business. General infrastructure improvement has been cited as a necessity in improving the livelihoods of people living in farming and pastoral districts. It concludes and notes that road infrastructure improvement is important in improving the security of the people. 1.4 Study Methodology The following are among the key issues required for environmental and social impact assessment as per the NEMA regulations and have also been emphasized during this assessment, (i) (ii) (iii) (iv) (v) A description of the proposed project area and the route, An overview of policies and institutional framework governing road projects in the country, Identification of the anticipated environmental and social impacts, Mitigation measures, Development of a comprehensive environmental management plan (EMP). To achieve the above, the study adopted the steps below; 1.4.1 Documentary (Literature) Review Relevant project documents have been reviewed to obtain data and baseline information such as to include the design concepts, preliminary design report, traffic data, district development plans, population and demographic data, legislative documents, social and economic documents just to mention but a few. The review provided an understanding of the terms of reference, environmental and social status of the project area, demographic trends, land use practices, development strategies and plans as well as the policy and legal framework. 1.4.2 Field Assessment The proposed route was physically evaluated with a view to establish the environment and social setting as well as the economic trends throughout the road corridor and the district in general. It involved detailed observations of the following factors; (i) Roadside environmental features within a corridor of 3 – 5km on each side of the road such as to include vegetation cover (forests and agro-forestry), wetlands and water sources, physiography and natural drainage, etc., 13 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (ii) Ecological setting, especially with respect to the transition from the dry Kerio Valley and the high potential parts of the lower part of the Marakwet escarpment, to the sloppy areas of the Marakwet escarpment Social features along the road corridor focusing on land use trends, population and demography, administrative structures/set-up, settlement patterns, transportation, public amenities and institutional presence among others, Economic setting with respect to land productivity, notable economic activities, urban features, modes of transport, trading activities, tourism potential and, livestock development among other linkages, (iii) (iv) The fieldwork session was also designed to establish potential positive and negative impacts through physical observations and judgment, rapid interviews, discussions with key stakeholders and Government officials as well as environmental sampling where necessary. 1.4.3 Consultative Public Participation Forum This is part of the field activities and involves holding structured meetings with the stakeholders including the communities living along the road corridor and the district in general. Meetings with relevant government offices and interviews with community members along the routes were also undertaken to establish the general public opinion with respect to the project. Among the major issues addressed included social and economic benefits, values of the project and compatibility with other undertakings in the area as well as any other perceived impacts of the project to the welfare of the people. The meeting schedules were as follows; (i) Briefings and consultations with the District Commissioner, District Development Officer, District Environmental Officer, District Officers in Tot and Chesongoch Division, District Roads Engineer, District Livestock Officer and the District Agricultural Officer among others, Public interactions along the route at their respective locations through sample rapid interviews, Public consultative meetings scheduled at Chesongoch social hall in Chesongoch market, and Tot market Chiefs Camp. The sessions are mobilized and chaired by the administration as outlined in the Table 2 below. (ii) (iii) Table 2: Schedule of Public Consultation Meetings Meeting Date and Time 1 Thursday 12 June 2012 at 10am 2 Thursday 12 June 2012 at 2.30pm th th 1.4.4 Participants & Chair Venue Stakeholders and members of public meeting Chaired by the acting DO Chesongoch / the Murkutwo location Area chief Stakeholders and members of public meeting Chaired by the acting DO Tot / the Murkutwo Area chief Chesongoch social hall at the trading centre Chiefs Camp Tot Impact Assessment Impacts anticipated from the road project were evaluated on the basis of environmental and social setting; data from interviews and information obtained from the documents were reviewed. To enable objective predictions, the project considered critical environmental and social issues along the catchment of the road corridor. The area was then subjected to screening against the potential 14 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) impacts and affected environmental and social targets such as drainage systems, water sources, population and settlements trends, land use patterns, safety, social and economic activities. 1.4.5 Reporting Reporting was undertaken in reference to guidelines established by the National Environment Management Authority (NEMA) under the environmental (impacts assessment and audit) regulations, Kenya Gazette Supplement No. 56 of 13th June 2003. 1.5 Study Team The persons involved in this exercise included the consultants and District Roads Engineers office. Specific experts were; (i) (ii) (iii) (iv) (v) Harrison W. Ngirigacha Julius Ngundo Eng. Kiptorus Diana Sirma Eric Murimi Lead EIA Expert/Team Leader Sociologist Road Design Engineer Environmentalist Field Assistant 15 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER TWO: 2.1 PROJECT DESCRIPTION Project Location Chesongoch – Tot project road is entirely located in Marakwet East constituency in Marakwet District. Marakwet District is one of the 2 districts in Elgeyo Marakwet County having been curved out from the greater Elgeyo Marakwet district in the former Rift valley province in Kenya. It borders West Pokot County to the North, Baringo County to the East, Keiyo district to the South, Uasin Gishu to the Southwest and Trans-Nzoia County to the West. The district extends from latitude 00 51‟ 34” to 10 19‟12”N of the equator and from longitude 350 29‟ 43” to 350 43‟25”E Marakwet District has a great potential in the minerals deposits found within the Kerio Valley such as to include gold, fluorite and limestone. The region also is also characterized with beautiful sceneries providing touristic attractions. Tapping of this potential would require improvement of physical infrastructure and specifically road networks. It is for the achievements of this objective that the government is proposing to upgrade the Chesongoch – Tot road (C52) to bitumen standard. The project is a continuation of the greater Biretwo – Tot road at the junction of C51 road. The project road will follow the existing earth road carriageway and traverses through existing markets in the area including Chesongoch, Kabetwa and Tot among others. The road runs through a high potential area of the low lying Kerio valley and to the north are the Marakwet escapements. The road will not only open up the greater Marakwet East district but also link it with economic centers such as Kabarnet, Iten, Eldoret, Nakuru as well as Nairobi. The project road is part of the greater C52 Biretwo- Tot road starting at the junction of D340/ C52 Road. The project road is situated in Marakwet county of Kenya in the former Rift valley Province. The road traverses the floor of the Kerio valley and connects B4 and C52 at Tot trading centre, thereby completing the loop around the Elgeyo- Marakwet escarpment. The road corridor traverses three administrative locations namely Murkutwo, Mokoro and Koibirir all in Marakwet East District. The project road begins at Chesongoch trading centre and proceeds in a northerly direction and measures approximately 14.0Km long inclusive of 1.2Km loop roads at trading centre‟s of Chesongoch and Tot. Other markets centre‟s along the road are Kabetwa and Mokoro. The road runs parallel to the great Marakwet escarpment within 500m – 1.5km (and <100m at its closest) for approximately 12 km on an average elevation of 2,500m above sea level. 2.2 The Road Characteristics 2.2.1 Surface Condition Chesongoch-Tot road (C52) is basically an earth road. KM 0+000 the junction of D340/C52 to Km 1+200 Chesongoch market, the road is bumpy with huge marrum boulders being used to resurface the section, the activity is being carried out by KeNHA, the section is not easily motorable. KM 1+200 Chesongoch market to Km 5+300 Kabetwa market, the road is less bumpy and improved by gravelling under the same programme. At KM 4+500 the Emborot River crosses the road and it has a permanent bridge. Next to the bridge is a wetland to the northern section. Further on the road is improved by enhanced gravelling; at Km 6+700 there is a huge rock outcrop and giant indigenous tree which poses a great challenge to road improvement in the section. The section between Km 7+000 Kapkobil primary school to Tot market KM 10+400 is a bit motorable under the current repair works. The section to the Tot District Hospital KM 11+800 is also motorable under the current improvement works. It was noted that public transport is much lower or none-exist in the whole section of the road (see traffic summary below). 16 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 2.2.2 Road Physical Profile The road stretch is generally gentle to undulating with breaks of shallow valleys with water ways and many dugout furrows by the farmers to aid in irrigation works. The stretch also has many dry river beds that pose the greatest challenge during the rainy season. The physical profile is influenced by the deep Marakwet escarpment on the northern side of the road corridor and the gentle terrain to the south. The alignment also has minimal number of beds in a number of locations e.g. KM 5+700 that may require moderation. Table 3: Condition of the Existing Pavement Km Km 0 + 000 1 + 200 1 + 200 5 +300 5 +300 7+000 7+ 000 11+800 2.2.3 Station Station Junction D340/C51 Chesongoch Kabetwa market Kapkobil School Pry Surfacing Condition Chesongoch Earth Poor Kabetwa market Kapkobil Pry School Tot District Hosp Gravel Fair – poor Gravel Fair – poor Coarse gravel Poor and rough Lands Use Trends The general land use is characterized by human settlements, crop and livestock production activities. Most of the land, therefore, is cleared of vegetation that once was a thick forest (extension of Marakwet forest to the north Kerio valley to the south). Housing standards varies from middle to low class in most locations with isolated decent homes, a clear indication of high poverty levels. Other significant land use features include; (i) (ii) (iii) 2.2.4 Institutional presence along the corridor including, schools and churches, etc. Markets and small scale trading activities at some points along the route, Public amenities such as Provincial Administration offices and the Kenya National Library Service Social Status The population along the project corridor is relatively high, but more concentrated near markets and stripped along high potential river valleys. This perhaps is influenced by the high potential nature of the area that tends to attract habitants from the less productive Marakwet escarpment and the lower valley section of the area. Road linkages seem to present the biggest challenge to social development in the area and the district in general, among them being access to markets and service locations. 2.2.5 Economic Status Mango fruits farming and goat keeping seems to be the main backbone of economic wellbeing of the area. Though land is owned at clan levels and hence production per area is low, there is potential for less land intensive farming. Horticulture production (mainly pawpaw, tangerine and water melons fruits), sorghum and millet production is also significant. Few farmers have started dry rice production in the area. 17 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 2.3 Design Aspects 2.3.1 Current Status The current road surface is earth. A huge proportion of the road sections are currently being resurfaced to 5 – 6m wide murram surface. Almost all sections of the road are passable to limited categories of traffic; heavy traffic will not access most parts due to the narrow nature of the current road status and the many constructed dry river drifts which seems weak to heavy load in the area. It was also observed that, the road has many water canals used by farmers to do irrigation, most notable at Km 0+500, Km 0+600, Km 1+000, Km 2+500, Km 2+800, Km 3+300, Km 3+600, Km 4+000, Km 5+200 and Km 7+700, there are also many culverts and water drifts in the road stretch, examples include at the following locations, Km 0+900 ,Km 1+400, Km 1+600 , Km 1+800, Km 2+500, Km 3+200, Km 3+500, Km 4+000, Km 4+600, Km 4+700, Km 5+500, Km 5+800, Km 6+000, Km 6+300, Km 6+500, Km 7+200, Km 7+400, Km 8+100, Km 8+500, Km 8+800, Km 9+900, Km 10+300, Km 10+400 and Km 10+700. These sections may require re-alignment for speed design requirements. Other sections are noted to have river crossing with not so strong bridges, this will require the installation of new bridges, these areas include at Km 0+900 Chesongoch River and at Km 4+500 Embolot River. The above observations show that, while most of the current alignment will be retained, the road has significant sections that will involve slight realignment. The sections, however, are largely within the road reserve. 2.3.2 Current Traffic Patterns From the table below it is important to note that light truck composition along the Project road is generally high at Chesongoch. This is due to the various truck loads transporting sand and farm products. Bus composition on the project road is not there since the road is dictated by the road condition with carriers of both persons and goods being pick-ups. A new upcoming mode of public transport is the motor cycle that now averages 61% at Chesongoch and Tot. This complicates the idea of general modal traffic in the forecasts. Table 4: February 2012 Average Annual Daily Traffic Station/ Road Section Murkutwo – Chesongoch Chesongoch – Kabetwa Kabetwa – C52/B4 Junction at Tot C52/B4 Junction at Tot – Tot Centre Bus 14 11 7 M/Goods >3.5 ton 41 30 17 H Goods 3-4 axles 4 5 4 H/Goods >5 axles 0 0 0 H/Goods 4-6 axles 0 0 0 8 14 3 0 0 18 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Table 5: Traffic Composition at Different Locations Station/ section March 2012 Traffic Flow (AADT) M/Cy Car Pickup/ 4WD Mat M/ Bus L/ Bus L/ Truc k <3.5 ton M/ Truc k >3.5 ton H/ Truc k 3-4 axles H/ Truc k >5 axles H/ Truc k 4-6 axles H/ Truc k 7-9 axles Total Traffic Murkutwo – Chesongoch 218 17 29 14 2 0 24 41 4 0 0 0 359 Chesongoch – Kabetwa 162 10 20 11 2 1 15 30 5 0 0 0 260 Kabetwa – C52/B4 Junction 105 4 9 7 2 1 10 17 4 0 0 0 161 C52/B4 Junction at Tot – Tot Centre 123 3 7 8 0 1 12 14 3 0 0 0 187 2.3.3 Proposed Improvement It is proposed that the road surface be upgraded to bitumen standard. For this, the road is being designed in accordance to Roads Design Manual Part I (Geometric design of rural roads) guided by the following criteria; (i) (ii) (iii) (iv) (v) (vi) (vii) Design to T4 class, Type III cross section (6.0m carriage way and 1.5M shoulder) for the entire road, Increase the shoulder width to 1.5M due to the high number of non-motorable transportation (NMT). Key markets will be provided with service roads. These include Chesongoch and Tot Provision of entry culverts to premises from the road, Provision of appropriate drainage and safe outfalls on sloppy sections Provision of appropriate furniture and signage for road safety, especially at market locations and settlement sections, The general design standards adopted for completion of the preliminary engineering design of this project is as shown in the table below. Table: Geometric Design Standards S. No 1 Attributes Standards Remarks Design Speed at (1) Rural Stretches (2) Built-up Critical Stretches 70 Kmph (minimum) At Chesongoch Trading Centre 2 Carriageway Width 50 Kmph (ruling) 40 Kmph (minimum) 1 x 6.0m 3 Paved Shoulder 1.5m 4 Camber Carriageway 2.5% Widen paved shoulder at townships As per design standards 19 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) S. No 2.4 Attributes Standards Remarks Paved Shoulders 4.0% 5 Maximum „e‟ 6.0% E= Super elevation 6 Footpath Width 2 x 2.0m 7 Space for utility services At Chesongoch Trading Centre Between embankment and toe drain on both sides 8 Longitudinal Gradient Service ducts (300mmPVC pipes, crossing specified locations along project road) Table 5.4.1 of Road Design Manual Part I Implementation Schedule and Estimated project Cost The project is expected to be implemented within a period of 24 months (2 years) from the date of commencement (commencement date not defined at the time of this study) and is estimated to cost KShs. 1,400,000,000.00 (KENYA SHILLINGS 1 BILLION, FOUR HUNDRED MILLION) only such as to cover the following items, (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Professional services, Clearing works, Earth works, Drainage works, Bitumen surfacing as required, Landscaping and grassing, Installation of road furniture and safety, Other associated activities 20 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 1: Topographical map showing the road extent 21 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER THREE: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 National Policies Recent policy and legislative developments have been substantially directed at redefining the role of the state with separation of policy and regulation (state responsibility) from implementation (private sector and/or statutory bodies). At the same time, there has also been movement to redefine the role of the state vis-à-vis the individual and/or community groups. The new constitution and policies such as the National Land Policy have considerably strengthened the community rights. This is critically important as developments such as the proposed project components can create social conflicts with the affected communities or individuals effectively delaying the project. This implies a need to engage the affected communities from the earliest stages of project planning. 3.1.1 The Constitution of Kenya Article 42 of the Bill of Rights of the Kenyan Constitution provides that „every Kenyan has the 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 legislative and other measures‟. Under Chapter 5 (land and Environment), Part 1 is devoted to land. It requires that land be used and managed in „a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles; (i) (ii) (iii) (iv) (v) Equitable access to land Security of land rights Sustainable and productive management of land resources Transparent and cost effective administration of land Sound conservation and protection of ecologically sensitive areas Part 2 of Chapter 5 of the constitution is dedicated to Environment and Natural Resources. Article 69 in Part 2 provides that the state shall; (i) (ii) (iii) (iv) (v) (vi) (vii) 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 tree cover of at least ten per cent of the land area of Kenya Encourage public participation in the management of, 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 Eliminate processes and activities that are likely to endanger the environment Utilize the environment and natural resources for the benefit of the people of Kenya Further, Article 70 states that if a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress. The sub-project should ensure compliance with the constitution in so far as equitable sharing of the resources, between the stakeholders. Further, the project should ensure the sustainability of livelihoods and biological resources within the project areas are protected. Any development proposals should also be cognizant of the increased powers under the Constitution given to communities and individuals to enforce their rights through legal redress 22 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 3.1.2 Kenya Vision 2030 Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was developed following on the successful implementation of the Economic Recovery Strategy for 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 to 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”. The 2030 goal for urban areas is to achieve “a well-housed population living in an environmentally-secure urban environment.” This will be achieved by bringing basic infrastructure and services namely roads, street lights, water and sanitation facilities, storm water drains, footpaths, and others. One of the aims of the vision 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. Improving pollution and waste management through the application of the right economic incentives in development initiatives is critical. The current land use practices in the country are incongruent with the ecological zones. For instance, large portions of land in high potential areas have been subdivided into uneconomic parcels, while some parts of land in the medium and low potential areas are rapidly being converted into agriculture, despite the fragile environment they are located in. 3.1.3 The Land Policy (2007) Environmental management principles: To restore the environmental integrity the government shall introduce incentives and encourage use of technology and scientific methods for soil conservation and maintain beaches at high and low water mars and put in place measures to control beach erosion. Fragile ecosystems shall be managed and protected by developing a comprehensive land use policy bearing in mind the needs of the surrounding communities. Zoning of catchment areas to protect them from further degradation and establishing participatory mechanisms for sustainable management of fragile ecosystems will also be done. It will also develop procedures for comanagement and rehabilitation of forest resources while recognizing traditional management systems and sharing of benefits with contiguous communities and individuals. Lastly all the national parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are declared fragile ecosystems. Conservation and sustainable management of land based natural resources: The sustainable management of land based natural resources depends largely on the governance system that defines the relationships between people, and between people and resources. To achieve an integrated approach to management of land based natural resources, all policies, regulations and laws dealing with these resources shall be harmonized with the framework established by the Environmental Management and Coordination Act (EMCA),1999. The new land policy has a vision of „efficient, sustainable and equitable use of land‟. It designates all land in Kenya as Public, Community or Private; „Community land‟ replaces the Trust Land category. It also recognizes and protects customary land rights. Recognition of community land (formally trust land under a County Council control) is provided under section 66(d) (ii) for restitution of illegally acquired as part of trust land to the affected communities and (v) for governing community land transactions using participatory processes. Some key relevant issues; 23 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (i) (ii) (iii) (iv) The exercise of (these) powers (compulsory acquisition and development control) should be based on rationalized land use plans and agreed upon public needs established through democratic processes (Section 43), Ensure that the exercise of development control takes into account local practices and community values on land use and environmental management (Section 51(f)), Ensure effective public participation in the exercise of development control (Section 51(g)), Strategies for sharing benefits should be developed taking into account the nature of the resources involved and the contribution that diverse actors make to the management of the resources (Section 98). The policy also addresses land management. Key issues include Section 3.4.3.2 – ecosystem protection (including wetlands). Measures for protection are required 134 – fragile ecosystems to be managed and protected. 136 – Protection of watersheds, lakes, drainage basins & wetlands shall be guided by among other principles prohibition of settlement and agricultural activities in the water catchment areas, identification, delineation and gazettement of all water courses and wetlands as well as integrated resource management based on ecosystem structure. 3.1.4 National Environmental Action Plan According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from economic and social development programmes that disregarded environmental sustainability. In this regard, establishment of appropriate policies and legal guidelines, as well as harmonization of the existing ones, has been accomplished, while some others are in the process of development. Under the NEAP process EIA was introduced and among the key participants identified were the institutions dealing with water resources management. Chapter 4 subsection 4.1.3, the NEAP report recommends that EIA be made a pre-condition for approval of all projects as well as post investment impact assessment for all related operations. 3.1.5 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development Among the key objectives of the Sessional Paper No. 6 of 1999 on Environment and Sustainable Development (1993) include ensuring that development policies, programmes and projects take environmental considerations into account, ensuring that an independent environmental impact assessment (EIA) report is prepared for any development before implementation and to ensure that effluent treatment standards that conform to acceptable health standards. This paper provided the basis for the environmental Policy framework that is in the process of formulation. Under this paper, broad categories of development issues have been covered that require sustainable approach. These issues include the waste management and human settlement sectors. The paper recommends the need for enhanced re-use/recycling of residues including wastewater and increased public awareness raising and appreciation of clean environment as well as the participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others for decent housing of every family. 3.1.6 Forest Policy Forests provide timber, energy, food and medicines, conservation of biodiversity, and protection of the key watersheds for water supply. The Sessional Paper No. 9 of 2005 on Forest Policy provides guidance on the sustainable management of forests, in the face of increasing pressure on the 24 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) forests. It covers indigenous forests, farm forestry, industrial forestry, and dry land forestry. The overall goal is enhanced contribution from the forest sector in the provision of economic, social and environmental goods and services. Specific objectives include poverty reduction, employment, improved livelihoods, sustainable land and water management, the participation of the private sector and communities in forest management, promotion of farm forestry and dry land forestry, extension and research. Key shifts from past policy include: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) 3.1.7 A commitment to expanding the forest area to at least 10% of the country A focus on sustainable management rather than utilization Encouragement to the private sector to invest in commercial forest activities Empowerment of local communities to participate in forest management Increased support to farm forestry Promotion of indigenous species as opposed to exotics Increased attention to dry land forests and woody vegetation Allowing the free market to determine prices for forest products Improvements in and regulation of charcoal production Promotion of non-timber forest products Forest sector legal reforms, to strengthen the legal framework, incorporate the above aspects (e.g. participation of communities and the private sector), and allow forest department management outside of gazetted areas Improved governance, notably the creation of the semi-autonomous Kenya Forest Service (KFS) Recognition and protection of traditional forest user rights The National Biodiversity Strategy, 2007 The overall objective of the National Biodiversity Strategy and Action Plan (NBSAP) is to address the national and international undertakings elaborated in Article 6 of the Convention on Biological Diversity (CBD). It is a national framework of action to ensure that the present rate of biodiversity loss is reversed and the present levels of biological resources are maintained at sustainable levels for posterity. The general objectives of the strategy are to conserve Kenya‟s biodiversity to sustainably use its components; to fairly and equitably share the benefits arising from the utilization of biological resources among the stakeholders; and to enhance technical and scientific cooperation nationally and internationally, including the exchange of information in support of biological conservation. 3.1.8 National Policy on Water Resources Management and Development The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of 1999) was established with an objective to preserve, conserve and protect available water resources and allocate it in a sustainable rational and economic way. It also desires to supply water of good quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of wastewater and environmental protection. The policy focuses on streamlining provision of water for domestic use, agriculture, livestock development and industrial utilization with a view to realizing the goals of the Millennium Development Goals (MDGs) as well as Kenya Vision 2030. To achieve these goals, water supply (through increased household connections and developing other sources) and improved sanitation is required in addition to interventions in capacity building and institutional reforms. While the National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country‟s socioeconomic progress, it also recognizes the by-products of this process as wastewater. It, therefore, 25 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) calls for development of appropriate sanitation systems to protect people‟s health and water resources from institutional pollution. Development projects, therefore, should be accompanied by corresponding waste management systems to handle the wastewater and other waste emanating there from. The same policy requires that such projects should also undergo comprehensive EIAs that will provide suitable measures to be taken to ensure environmental resources and people‟s health in the immediate neighbourhood and further downstream are not negatively impacted by the emissions. 3.1.9 Wildlife Policy The current wildlife policy and act are over thirty years old and are currently being reviewed. A new draft policy and act is expected by the end of 2008. Until this is approved, and legislation enacted, wildlife is governed by the existing policy and act. The main objective of wildlife policy in the past was preservation of as many animals as possible. The policy promoted a secure export market for products of consumptive wildlife utilization (sports hunting, sale of meat, skins and trophies), that would not be closed through “preservationist” pressure by overseas governments and firms. The responsible agency is the Kenya Wildlife Service, which is currently administratively responsible to the Ministry of Tourism. Sessional Paper No. 3 of 1975, Statement on Future Wildlife Management Policy in Kenya, The Government‟s basic policy objectives with respect to wildlife are stated in the Sessional Paper No. 3 of 1975. These include identifying the best land uses (or combinations of uses) for specific areas of land, in terms of their land and short run benefits to people, ensuring implementation of those uses and ensuring a fair distribution of benefits of those uses. The Sessional Paper underlines the fact that 5% of Kenya‟s area, under exclusive wildlife use, promises the highest returns, mainly from the tourist industry and by maintaining examples of the main types of habitants found in the country. The Government declared such areas as National Parks, National Reserves, or County Council Game Reserves. It also allocated financial and human resources necessary to ensure that their potentials are achieved. The Paper further observes: (i) (ii) (iii) Maximum returns from 80% of the land can only be secured through proper utilization of wildlife in combination with other forms of land use mainly ranching and forestry. Wildlife management is important even in areas suitable for high-density arable agriculture, where the policy aims at efficiently minimizing damage to crops by wild animals. This area may, of course expand, with the introduction of new crops or extension of irrigation schemes in the drier areas. The main future emphasis of wildlife policy will be upon finding means to secure optimum returns from the wildlife resources for the benefit of landowners and the nation generally. Policing and control activities, directed to preservation of wildlife, ceased to be the main content of policy but to continue as important components. 3.1.10 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP) The objective of the NPEP is to reduce the incidence of poverty in both urban and rural areas by 50% by the year 2015 as well as strengthening the capabilities of the poor and the vulnerable groups to earn income. Also it aims to narrow gender and geographical disparities and create a healthy, better educated and more productive population. The plan has been prepared in line with the goals and commitment of The World Summit for Social Development (WSSD) of 1995 and focuses on the four WSSD themes of poverty eradication, reduction of unemployment, social integration of the disadvantaged people and creation of enabling economic, political, and cultural environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed 26 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) in collaboration with government ministries; community based organizations, the private sector, non-governmental organizations, and bilateral and multilateral donors. The NPEP emphasizes the empowerment of poor people and their communities to better manage their resources for collective advancement. The PRSP has the twin objectives of poverty reduction and economic growth. The paper articulates Kenya‟s commitment and approach to fighting poverty, with the basic rationale that the war against poverty cannot be won without participation of the poor themselves. Any development project that incorporates these strategies in its plans is most welcome in Kenya. 27 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 3.2 Legal Aspects Table 6: Key Environmental Legal Sections in Kenya Legal Section The Environment Management and Coordination Act, 1999 Relevant Provisions Compliance Aspects Part II of the Environment Management & Coordination Act, 1999 states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or operation should undergo environmental impact assessment and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue a license as appropriate. This applies in all aspects of the intervention project including among others; Section 87 sub-section 1 states that no person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill health to any person, while section 88 provides for acquiring of a license for generation, transporting or operating waste disposal facility. According to section 89, any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generate hazardous waste, shall apply to the NEMA for a license. Finally, the environmental impact assessment guidelines require that study be conducted in accordance with the issues and general guidelines spelt out in the second and third schedules of the regulations. These include coverage of the issues on schedule 2 (ecological, social, landscape, land use and water considerations) and general guidelines on schedule 3 (impacts and their sources, project details, national legislation, mitigation measures, a management plan and environmental auditing schedules and procedures. Environmental Management Regulations      Social disruption control Waste management Effluent discharge practices Aerial emissions, Excessive noise and vibrations  Excavations and soil loss  Adverse interference with natural resources including wetlands and water resources. The project cycle should ensure compliance with this statute all the time Water Quality Management Regulations, 2006 (Legal Notice No. 120) These regulations were drawn under section 147 of the Environmental Management and Coordination Act 1999. In accordance with the regulations, every person shall refrain from acts that could directly or indirectly cause immediate or subsequent water pollution and no one should throw or cause to flow into water resources any materials such as to contaminate the water sources. Applies anytime there is a discharge of effluent into the environment without meeting the established standards. This requires all time compliance through the project cycle. Waste Management Regulations, 2006 (Legal Notice No. 121) The regulations are formed under sections 92 and 147 of the Environmental Management and Coordination Act, 1999. Under the regulations, a waste generator is Will apply on disposal of solid wastes into the environmental 28 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section Relevant Provisions Compliance Aspects defined as any person whose activities produces waste while waste management is the administration or operation used in handling, packaging, treatment, conditioning, storage and disposal of waste. The regulations requires a waste generator to collect, segregate and dispose each category of waste in such manners and facilities as provided by relevant authorities. Regarding transportation, licensed persons shall operate transportation vehicles approved by NEMA and will collect waste from designated areas and deliver to designated disposal sites. without complying with the established standards and procedures. Requires all time compliance. Noise and Excessive Vibration Pollution Control Regulations, 2009 Part II section 3(I) of these Regulations states 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 and section 3(2) states that in determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30m from any moving source. Effects of activities with noise and vibrations in excess of the established standards Air Quality Regulations Under the general prohibitions (Part II), section 5 states that no person shall act in a way that directly or indirectly causes immediate or subsequent air pollution. Among the prohibitions are priority air pollutants (as listed under schedule 2 of the regulations) that include general pollutants, mobile sources and green house gases. Odours are also prohibited under section 9 of the regulations (offensive emissions). Emitting activities expected to meet the established minimum levels in the air, particularly in areas habited by human being as well as protected areas. Biodiversity Regulations Has relevance on activities interfering with natural habitats and genetic species therein. Part II of Regulations, section 4 states that no person shall engage in any activity that may have adverse impacts on ecosystems, lead to introduction of exotic species or lead to unsustainable use of natural resources without an EIA license. The regulation puts in place measures to control and regulate access and utilization of biological diversity that include among others banning and restricting access to threatened species for regeneration purposes. It also provides for protection of land, sea. Lake or river declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999. The affected species need to be identified during an ESIA process and restoration plan established before the subproject implementation commences 29 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section The Water Act 2002 Water Rules Relevant Provisions Compliance Aspects Part II section 18 provides for national monitoring and information systems on water resources. Following on this, sub-section 3 allows the Water Resources Management Authority to demand from any person, specified information, documents, samples or materials on water resources. Under these rules, specific records may be required to be kept and the information thereof furnished to the authority on demand. Section 25 of the Act requires a permit to be obtained for among others any use of water from a water resources, discharge of a pollutant into any water resource. The statute established to coordinate sustainable utilization of water resources including protection of the same from pollution and degradation (abstraction, use and disposal of wastewater thereof) According to section 29 of the same Act, application for such a permit shall be subject to public consultation as well as an environmental impact assessment as per the Environmental Management and Coordination Act, 1999. The conditions of the permit may also be varied if the authority feels that the water so used is causing deterioration of water quality or causing shortage of water for other purposes that the authority may consider has priority. This is provided for under section 35 of the Act. Related water rules should be applied at all times. Water related initiatives should undergo ESIA process/ One of the outcomes of the water sector reforms has been improved regulatory framework for water resource management and use. In addition to the Water Act 2002, the main document outlining the regulations is the Water Resource Management Rules 2007. The rules set out the procedures for obtaining water use permits and the conditions placed on permit holders. Sections 54 to 69 of the Water Resources Management Rules 2007 impose certain statutory requirements on dam owners and users in regard. Sets the standard procedures and rules to be followed in the utilization of water resources including abstraction controls, modes of use and responsibilities in protection of the resources including effluent treatment standards. Other sections within the rules imply that WRMA can impose water quality sampling requirements from the water sources and impacts to the hydrology, water chemistry and river morphology downstream basin. Section 16 of the Water Rules requires approval from the Water Resources Management Authority (WRMA) for a variety of activities that affect the water resources, including the storage of water in dams and pans. Approval by WRMA is conferred through a Water Permit. A permit is valid for five years and must be renewed. The rules were established as implementation tools for the Water Act 2002 Section 104 of the Water Resource Management Rules requires certain water permit holders to pay water use charges. The intention of the water use charges was to raise revenue for water resource management, raise revenue for catchment conservation activities, improve efficiency of water resource abstraction and provide a system of data collection on water resource usage. Public Health Act Part IX section 115 states that no person shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires Local Authorities to take For all projects with direct or indirect implications on the 30 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section Relevant Provisions Compliance Aspects 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. health of the workers or the neighbouring communities. Such nuisance or conditions are defined under section 118 as waste pipes, sewers, drains or refuse pits in such a state, situated or constructed as, in the opinion of the medical officer of health, to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into Public Street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other vermin. All health and safety measures should be in place to ensure the workers and the neighboring communities are not exposed to risks On the responsibility of local authorities, Part XI section 129 of the Act states in part “It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its district has a right to use and does use for drinking or domestic purposes, and purifying such supply so polluted”. Section 130 provides for making and imposing on local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. Forest Act The Forest Act No7 of 2005 consolidates all forests under the act, and prescribes heavy penalties for damage to forests and trees. Charcoal burning in a forests or farmlands without a license or permit is an offence. Section 52(1) deals with felling, cutting, burning, injuring or removing of any forest produce only cover state, local authority or provisional forest. It sets heavy penalties for damaging trees. This will assist farmers in maximizing benefits from growing trees. Section 40(1) of the act sets to ensure that the forest areas under her management are maintained for biodiversity, cultural or recreational use. In addition it protects the concession area from destruction and encroachment by other persons. All the projects are geared towards complying with this law. Complementation of other regulations would be necessary. The sub-projects have potential to interfere with forested areas calling for restoration measures Section 41(1) says that all indigenous forests and woodlands shall be managed on a sustainable basis for purposes of, Conservation of water, soil and biodiversity, River line and shoreline protection. Cultural use and heritage. Recreation and tourism, Sustainable production of wood and non wood products, Carbon sequestration and other environmental services Education and research purpose and .Habitat for wildlife in terrestrial forests and fisheries in mangrove forests. The Act puts emphasis on the need to strengthen community-based institutions by creation of Community Forest 31 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section Relevant Provisions Compliance Aspects Associations, which gives the public a greater participatory role to the community in the forest conservation. Pests Products Control Board CAP 346, of the act says that no pest control product shall be sold without a label which has been approved by the board. Each label shall show name of pest control product and a description of its form and name of its active ingredients, the class designation of the pest control product in capital letters and shall be classified as the first schedule, information detailing the nature and degree of hazard identified by appropriate precautionary symbol, information identifying any significant hazards in respect to handling, storage, display and disposal of the pest control product with information that will include instructions respecting procedures to alleviate hazards and when required by the board, instructions respecting decontamination procedures and disposal of the pest control product and the empty package. Pest control product is to be used only In accordance with the directions on the label. It is an offence under the pest control products act to use or store a pest control product under unsafe conditions May apply in limited aspects of KURA that involve biodiversity preservation e.g. vermin control, pest control in public parks development, etc. This is, however, The Penal Code (Cap. 63) Section 191 of the Penal Code states that any person or institution that voluntarily corrupts or foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offence. Section 192 of the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood or those passing along public way, commit an offence. This statute controls public nuisance including safety and security from construction activities. Land Control Act (Cap. 406) This law provides for the control of transactions in agricultural land, especially the machinery of the Land Control Boards. However of interest in this report is the consideration in granting or refusal of consent by the Board based on the impact the transaction is likely to have on the maintenance or improvement of standards of good husbandry within the specific agricultural area. The statutes ensure order in the utilization of public and private land. It serves to protect private land while demanding accountability on public land. Government land is land owned by the government of Kenya under the Government Lands Act (Cap. 280). This includes, for example, forests, gazetted national parks and reserves. The Government Lands Act allows the president, through the commissioner of lands, to allocate any un-alienated government land to any individual. In practice, such allocations have often been made without proper regard to social and environmental factors. Trust land is land held and administered by various local government authorities as trustees under the constitution of Kenya and the Trust Land Act (Cap. 288). National reserves and local sanctuaries as well as county council forest reserves, are in this 32 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section Relevant Provisions Compliance Aspects category. Individuals may acquire leasehold interest for a specific number of years in trust land and can (in theory) be repossessed by the local authorities should the need arise. Local authorities should retain regulatory powers over trust land. Private land is land owned by private individuals under the Registered Land Act (Cap. 300). On registration as the landowner, an individual acquires absolute ownership on a freehold basis. The use of private land may, however, be limited by provisions made in other legislation, such an Agriculture Act (Cap. 318). For instance, to protect soils the clearing of vegetation may be prohibited or the planting of trees required. Land preservation orders issued by the director of agriculture can cover a whole range of other measures. All private land acquired for the sake of a sub project will have to be compensated for fully as spelt out in the RPF document. Physical Planning Act Section 24 of the Physical Planning Act gives provision for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use and development of land. The plan shows the manner in which the land in the area may be used. Section 29 of the Physical Planning Act gives the county councils power to prohibit and control the use of land, building, and subdivision of land, in the interest of proper and orderly development of its area. The same section also allows them to approve all development applications and grant development permissions as well as to ensure the proper execution and implications of approved physical development plans. On zoning, the act empowers them to formulate by-laws in respect of use and density of development. Any intervention sub-project is expected to be compatible with the existing physical plans and approved development and land use Section 30 states that any person who carries out development within an area of a local authority without development permission shall be guilty of an offence and the development shall be invalid. The act also gives the local authority power to compel the developer to restore the land on which such development has taken place to its original conditions within a period of ninety days. If no action is taken, then the council will restore the land and recover the cost incurred thereto from the developer. In addition, the same section also states that no person shall carry out development within the area of a local authority without development permission granted by the local authority. At the same time, sub-section 5, re-enforce it further that, no licensing authority shall grant under any written law, a license for commercial use for which no development permission had been granted by the respective local authority. Section 36 states that if in connection with development application a local authority is of the opinion that, the proposed activity will have injurious impact on the environment, the 33 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Legal Section Relevant Provisions Compliance Aspects applicant shall be required to submit together with the application an Environmental Impact Assessment report. The environmental impact assessment report must be approved by the National Environmental Management Authority (NEMA) and followed by annual environmental audits as spelled out by EMCA 1999. Section 38 states that if the local authority finds out that the development activity is not complying to all laid down regulations, the local authority may serve an enforcement notice specifying the conditions of the development permissions alleged to have been contravened and compel the developer to restore the land to its original conditions. 34 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 3.3 Institutional Framework Kenya National Highways Authority has a project implementation structure that has clear provisions for environmental and social integration. An ideal structure works has the following components; Contractor The contractor is required to establish an environmental office to continuously advise on environmental components of the project implementation. Elements in the environmental and social management plan are expected to be integrated in the project with appropriate consultations with KeNHA 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. Supervisor The supervisor is engaged by KeNHA (as the 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 and more of the environmental recommendations and especially the proposed action plans, timeframes and expected targets of the management plan. The supervisor environmental expert should be the liaison person between the contractor and KeNHA on the implementation of environmental concerns as well as issues of social nature associated with the project. Environmental Division This division was established to facilitate compliance of road projects with environmental regulations. The office advises KeNHA‟s projects on compliance and is also a direct liaison with NEMA. Projects contracts could reach this office directly or through the supervisor while on the other hand, NEMA (or any other environmental stakeholder) is expected to address the project related issues through the same office. The office, therefore, is expected to be well informed of all project related issues at all times. 35 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER FOUR: 4.1 BASELINE CONDITIONS (ENVIRONMENT) Overview Environmental characteristics for Marakwet district can be divided in to three main topographical zones which run parallel to each other in a north south direction. These are the highlands, plateau, the Marakwet escapements and the Kerio valley. The highland plateau rises gradually from an altitude 2800m above sea level on the Chebiemit ridges to 3350 on the Cherangany hills to the north. The road traverses the floor of the Kerio valley and connects B4 and C52 at Tot market, thereby completing the loop around the Elgeyo – Marakwet escarpment. The road corridor traverses three administrative locations namely Murkutwo, Mokoro and Koibirir all in Marakwet District. Kerio valley presents dry conditions, un-cohesive top soils and with a general drainage linked to Kerio River. As a result population is low, depicts poor productivity and experience very high temperatures and low rainfall. On the other hand, the highlands are generally wet throughout the year, generally vegetated; soils are highly productive and relatively cooler weather conditions. As a result, the population density is relatively high, agricultural and livestock productivity significant while institutional presence is notable. Chesongoch –Tot road (C52) runs along the parallel between the two zones. The following section briefly describes the baseline conditions on environmental features. 4.2 Physiography and Topography The physical land surface of the project and the district in general could be described as singledrained. The rivers and streams of the district drain into Kerio River and eventually to Lake Turkana from the Elgeyo Marakwet escarpment and constitute the southern boundary of the district. The Kerio valley is 6.4km wide and 61.6 km long and stretches north to south. The escapement forms the main water shed. The Kerio catchment area lies to the east of this water shed and drains into Lake Turkana. The western part of this escapement forms part of the Lake Basin and drains into Lake Victoria. The road corridor is along the lower edges of Elgeyo escarpment that is generally flat to the north. The escarpment (dropping from an average of 2,800m above sea level in the south to a low of 1,100m above sea level in the northern end) runs parallel to the existing road alignment at an average of 1 – 2.5Km (closest at approximately 100m from the cliff edge). General topography is characterized with mild slopes and shallow valleys along the length of the road to the north. Among the valleys and slopes the road crosses two major rivers i.e. Chesongoch and Embolot Rivers. Notable hill peaks along the corridor include Otum (2,600m above sea level), Morowa (2,600m above sea level) and Nogwasha hill (3,120m above sea level). The average altitude ranges from 1,020m above sea level in the north to1,080m in the south while the elevation is lower to the east than to west. The road corridor reflects this trend. 36 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 2: 4.3 Typical Landscape Water Sources The most reliable source of water in this part of Marakwet East district are the Chesongoch, Embolot and Embobut rivers flowing from Marakwet Escarpments. There are also many springs and streams majority of them seasonal flowing from the escarpment eastwards. The road corridor is more influenced towards this watershed. To the west, there are numerous streams discharging from Elgeyo Escarpment into Kerio River. While most of the streams are seasonal, they are significant silt carriers into Kerio basin. Ground water is also feasible in some part of the road corridor although no shallow wells or borehole were observed along the route. Among the streams of interest along the road corridors are; (i) (ii) (iii) (iv) (v) Chesongoch river from where water is canalled to supply farmlands in the surrounding areas, Embolot river on the Mokoro location that serves as a domestic sources and also livestock watering for the local community, it is also channeled for irrigation purposes Embobut river crossing the road slightly after the Tot District Hospital also used for irrigation in the area, Springs and streams between the Chesongoch and Tot markets used for watering of animals and irrigation purposes There are no visible water tanks along the road showing community instability for water sustainability. Water quality in the area (though not sampled) is expected to be relatively fresh as there are no notable sources of pollution. Contamination could result from settlements (pit latrines are threat to shallow wells while run-off from markets and agricultural lands may affect surface water quality). Transport related pollutants and industrial emissions, however, are highly unlikely. Expected contaminants include; (i) (ii) (iii) Agro-chemical residuals Silt from exposed agricultural land Bacterial contamination from sanitary facilities and urban runoff. 37 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 3: 4.4 Sample Surface Water Sources Climatic Conditions Climatic conditions are also double faced due to the influence of the low lying Kerio Valle (dry and hot) and the highlands (cool and wet) to the north. Temperatures in the valley and escarpment range between 30 – 350C and are associated with long dry periods, while the highlands experiences between 180C – 260C with high levels of humidity. On the average temperature in Marakwet East district is 15.10C – 23.50C. The project road lies along the transition zone but with influence from the highland conditions along the transition corridor. Rainfall also varies from the low lying Kerio Valley that experience 800 – 1,000mm per annum (it is a dry area due to poor distribution in time). While the overall average of 900 mm – 1,500 mm (mean of 1,200 mm) per annum. The rain is bimodal occurring from March – June for the long rains and June – December for the short rains. The road corridor experiences the highland conditions. 4.5 Wildlife Most of the Marakwet Escarpments have been inhabited for settlements and agriculture hence displacing most of the wildlife. Among the wildlife species found in the district (especially in the lower areas) include the Impala, Dikdik, Warthog Elephants monkeys, and Gazelle. Various types of birds and waterfowls are also present. The area if well opened up could form part of the North 38 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Eastern tourism circuit in Kenya. In the larger Cherangany hills there is the rare species of a bird known as Lammergeryer (Gypaetus- Bareatus). The bird is not found in any other part of the world. The rare Bongo species found in the Aberdares is also found in the Kerio valley. This together with the unique scenic topography defines the tourist potential of the district. Presence of these species along the project corridor is, however, limited by the nature of land use and human habitation. The valley bottom is relatively un-interrupted and hosts some dry adapted species such as Zebra, Gazelles, reptiles (snakes, etc) rodents (squirrels rat, etc). 4.6 Vegetation Marakwet District has a forest cover of about 64,716.5ha with about 673ha under man made conditions (pulpwood and timber production) while 64,043.5ha are natural forests and grasslands. The forests include Embobut (21,710.8ha), Kipteber forest (12,736.5ha), Sokotio (3,520ha), Kipkunur (14,999.6ha), Chemurgoi (3,920ha) and Kapchemutwa (2,045.2ha). Natural forests cover is made up of various trees which are important for the conservation of the environment. Most of the forests however, have been encroached on for settlements and are still at risks of further destruction by illegal squatters. Indigenous tree species in the area include African Pencil cedar (junipers procera), East African Yellow wood (prodocarpus gracilior) Prumus Africans (mueri), Hagenia Abbysinica (mukorombosi), Olea African. Part of the indigenous vegetation has been replaced with exotic tree species in the highlands due to enhanced human activities. Among the notable species include eucalyptus, pines, cypress and grevillia and are common in the road corridor due to the economic interests. Indigenous trees and vegetation are found on the Elgeyo Escarpment and on the valley bottom that apparently have not attracted human settlement due to harsh weather, water non-availability, topography and poor productivity. Figure 4: 4.7 Sample Vegetation Conservation Areas The project area is in proximity to protected areas of national interest. Among these areas include Embobut forest, Kipkunur forest, Sokotio forest, Kapchemutwa forest (though some parts of the forests have already been reclaimed for settlement and cultivation). Kerio Valley game reserve, Kakamega National park (western province), Saiwa wetland (in Kitale) are among the ecological presence indicators in the greater project area surroundings. Kerio Valley below the scenic Keiyo escarpment provides potential touristic sites. 39 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 4.8 Geology and Soils The land and soils in the project area can be described as ancient Basement systems that were later overlain by volcanic ash. While the base rocks are hard, the top soils are volcanic in nature and hence fertile but un-cohesive, especially at the Kerio valley bottom. The soils along the project corridor varies from red soil in isolated areas and goes through gradual transformation to sandy red soils to clayey types in the Kabetwa area. The rest of the route is characterized by fertile sandy clays. 4.9 Material Sites 4.9.1 Hard Stone Quarries There are no hard stone quarries in the project area. Investigations by the materials Engineer indicated that there is no suitable rock for stone aggregates in the area. The local stone is noted to be sandy and it degenerates to sandy gravel on crushing. Therefore stone aggregates for the construction works will have to be sourced from quarries in Eldoret. Hard stone aggregate for use in surface dressing, asphalt concrete and other concrete works was identified in locations within the vicinity of Eldoret. These areas include Sirikwa, Sirgoit and Uasin Gishu hence relatively convenient for the road construction. 4.9.2 Earth Works and Fill Materials These have been identified on two locations along the project road; these are at KM1+600 and KM3+700. The quality of the borrow materials in these locations is basically similar and not much acceptable due to heavy presence of volcanic ash material. 4.9.3 Gravel Sources Gravel materials for sub-grade, sub-base and base layers were identified in four locations described as material sites; MS1, MS2, MS3 and MS4 along the road corridor. Test results from the trial pits showed that, the proposed borrow sites have good quality natural gravel with a CBR value of 34.5%, after 4 days soak, an average PI of 14% and average swell of 0.10. Plasticity Modulus PM averages 563. 4.9.4 Water As material for the construction work, water will be obtained from any of the rivers in the area following the laid down regulations. The rivers include Chesongoch, Kabetwa, Embolot, Embobut and Chebkalicwa which are perennial and cross the alignments of the road at approximately 3km from each other. 40 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER FIVE: 5.1 BASELINE CONDITIONS (SOCIAL AND ECONOMIC) Administrative and Political Boundaries The entire project road lies in Marakwet East constituency in Marakwet District of Elgeyo Marakwet County. Administratively, the project district is divided into 7 divisions namely Tirap, Kapsowar, Kapyego, Tunyo, Chebiemit, Kapcherop and Tot. Marakwet East constituency has 11 locations and 34 sub-locations. The administrative units of the project district are presented in the table below: Table 7: Administrative Units of Marakwet East Constituency Administrative Units Area (Km2) 91 60.9 27.1 103.3 205.3 17.9 50.9 64.3 25.6 38.8 14.8 Location Embobut Embolot Endo Kaptich Kapyego Kipkaner Koibirir Mokoro Mon Murkutwo Sambirir Total Sub-Locations 3 3 2 3 3 3 4 4 2 4 3 34 Source: District Statistic Office, Iten (2008) Specifically, the project road traverses through Murkutwo, Mokoro and Koibirir locations. The road will in order traverse the following administrative areas: Table 8: Administrative Units Traversed by the Project Route Division Location Sub-Locations Chesongoch (proposed) Murkutwo Muruber Kisoka Enou Rocho Olot Ketut Kakiptul Kapkondot Sibow Sagat Kasemoi Kisiwei Mokoro Tot Koibirir Source: District officers: Tot and Chesongoch Divisions Politically, Marakwet district has two constituencies Marakwet East and Marakwet West. Marakwet East constituency has 11 wards while Marakwet West constituency has 18. The district has one local authority namely; Marakwet County Council. 41 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) The project road traverses through Marakwet East constituency. The wards traversed by this road are Chesongoch and Koibirir. 5.2 Population and Demography In 2009, Marakwet district had a total population of 187,123 (92,889 males and 94,234 females). This figure is projected to rise to 203,521 (101,029 males and 102,492 females) in 2012. 97%, that is 182,631 (90,700 males and 91,931 females) of the district‟s population live in the rural areas while the rest (4,492 constituting about 2,189 males and 2,302 females) live in urban settings such as Kaposowar. The district‟s average household size is 4.74 persons and a density of 118 per Km2. The total population of administrative divisions (divisions, locations and sub-locations) is presented in the annex. The table below presents the total population of the administrative divisions (divisions, locations and sub-locations) traversed by the road as in 2009 and the projected population for 2015 Table 9: Areas Population Scenarios by Administrative Units Location Chesongoch Division Murkutwo Mokoro Tot Division Koibirir Sub-Location Muruber Kisoka Enou Rocho Olot Ketut Kakiptul Kapkondot Sibow Sagat Kasemoi Kisiwei 2009 Population 433 715 1349 1202 1230 1217 780 647 2453 1335 1072 1957 2015 Projected Population 513 846 1596 1422 1455 1440 923 766 2902 1580 1269 2315 Analysis of Marakwet district‟s population indicates that the project road will serve areas with not very high population density. Tot Division ranked position three after Kapsowar and Tirap in relation to population densities within the district (KNBS, 2009). Tot and Chesongoch Divisions generally have high economic potential with good fertile soil conducive for agro-based activities. 5.3 Social Setting 5.3.1 Settlement Patterns and Housing Structures Settlement patterns and population distribution within the district is unevenly distributed as it is dictated by the three topographic zones of the district namely; the highlands, the valley and the escarpment. A high population concentration can be identified within Tot division, which had a density of 110 persons per km2 in 2009. Areas of lower population concentration are Kaptich and Kapyego with 47 and 55 persons per km2 respectively due to very high temperatures and poor nonproductive soil types which has forced many people to buy/lease land and settle in the productive valley bottom. Approximately72.7% of the population owned the shelter structures occupied while the rest either rented (8.6%), occupied freely (7.3%) and 9.6% were employer provided as per the 2009 census. 42 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Of the owner-occupier 87.3% had constructed the houses mostly from own cash while 5.1% had purchased and the rest got the house by inheritance, gift or bartering. Most of the housing structures in the project district are walled with mud or wood or both (86.2%) while the rest have stone, brick, grass/straw or tin. Houses are roofed with corrugated iron sheets (45.83%), grass (50.98%) and the rest have tiles, tin or makuti. 61.4% of the houses are mud floored while 38.8% have cement floor1. There are no significant encroachments on the road except few sections that would require realignment. Figure 5: 5.3.2 Sample Homesteads Land Ownership and Use Land is acquired through inheritance and those who do not inherit any are expected to buy land elsewhere. Purchase and rental contracts of shambas are quite common. Land transactions are carried out through barter trade (paying by animals) or by use of currency where one acre sells at KShs. 51,000 and is rented at KShs.2000 per year. The project road traverses land which is communally owned except on few market centres. Most of the land parcels have not been fenced. However, owners who have fenced shambas, either with barbed wire or natural bushes, often demand high compensations for crop losses to owners of the livestock that trespass on to their fields. This has discouraged some households from keeping many indigenous livestock; others have shifted to intensive livestock management using exotic animals like the Benedictine Sisters at Chesongoch. Land registration for individual shambas (for nuclear families) has not been practiced in the project area. It was reported that none of the farmers has title deed. Currently, many of the individual land parcels have not been fenced but the boundaries have been marked with posts/beacons and are recognized by the sub-clan members and sanctioned by clan elders. There was no evidence of People from other ethnic groups acquiring land through purchase or rental. As a result of increased population, land has been sub-divided leaving individual households with very small pieces of land. The mean agricultural land parcels is 1.4 acres per household leaving 0.5 acres for other activities. Majority of the households own the land they live in/farm while a small percentage have rented/leased. 1 The Kenya Integrated Household Budget Survey 2005/6 43 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 5.3.3 Labour Force and Employment Labour force constitutes the economically active population that participates in the production of goods and services. These are those in the age bracket (15 – 64) years. Based on this premise, Marakwet district‟s labor force constituted approximately 49.6% of the total population in 2009. Majority of the labor force approximately 51% comprised of females who are engaged in agricultural activities. Most of the labour force is unskilled and semi-skilled. Both formal and informal employment exists in the project area. The main formal employers include the central and local government and church institutions. The labour force is, however, projected to have reached 104,023 (51,029 males and 52,991 females) in 2012. The income of the district is basically derived from sales of livestock and agricultural products. 5.3.4 Education Marakwet district has a pre-school population 3-5years of 9,300 children and a total of137 ECD centers. A total of 47,249 children are enrolled in primary schools where the teacher/pupil ratio is 1:36. There are 38 public secondary schools with 17,377 students and 49 adult education centers with an enrollment of 1,235. The gross school attendance ratio which is the total number of pupils / students attending schools expressed as a ratio of the official school age population stands at 112.5 for primary schools (106.5 for males and 117.8 for females). At the secondary school level the average is 43.6 (48.5 for males and 37.0 for females). The schools along the project road and their populations are as tabulated below: Table 10: Schools and their populations along the project road Population Name of School Male Female Teachers Total 103 Chesongoch Youth Polytechnic 37 61 5 307 St. Maurus academy 165 132 10 517 Chesongoch primary 251 249 17 298 St. Paul Kapkondot Girls Secondary 0 280 18 116 St. Joseph Toroko Academy 44 63 9 546 Kabetwa Primary 290 241 15 300 Kapkobil Primary 143 148 9 200 Kapkain Primary 101 89 10 773 Tot primary 410 346 17 Source: Head teachers of various schools The other education institution on the project road is Chesongoch community Library. Institutions accessed (but a distance) through the project road include: (i) Primary schools such as Chechan, Murkutwo, Toroko, Chewasat, Kabartanet, Embomil, Valley Oasis Academy and Barapeni. (ii) Secondary schools like Queen of peace in Murkutwo location, Kerio Valley secondary and Tot mixed secondary school in Koibirir location. 44 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 6: 5.3.5 Sample Educational Institutions Health The Elgeyo Marakwet County has 2 District Hospitals i.e. Iten and Chebiemit hospitals, 5 sub District Hospitals including the one at Tot, 15 health centre‟s, 89 dispensaries and 1 medical private clinic. It has a doctor-patient ratio of 1:50,000 in the Marakwet side and 1:156,471 on the Keiyo area. The infant mortality rate stands at 57 per 1000 while the fewer than five mortality rate stands at 9.7 per 1000 as the records indicates on the Keiyo District. The prevalent diseases in the area include Malaria, Diarrhoea, Bronchopneumonia, Respiratory tract infections and Urinary tract infections. It is worth noting that, most of the facilities are under-utilized due to lack of staff, equipment and socio-cultural believes where the people would rather use herbal medicine as opposed to modern medicine provided in the health facilities. Life expectancy stands at 62.8 and 69.6 for both males and females respectively. Crude birth rate in the district stands at 7.5% against a death rate of 7.7% implying a positive growth rate of 2.8%. Latrine coverage in the district is still at an all time low, with a figure of 26% being recorded by the Public health office. Morbidity rates per month stands at 19.1% (21.1% for men and 17.3% for females). The commonest diseases include flu (29.4%), upper and lower respiratory (15.7%) fever/Malaria (9.4%) and headache (5.9%) among others. 45 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 5.3.6 Infrastructure, Transport and Communication Marakwet district has a road network coverage totaling 1,119 consisting of bitumen surface (120km), gravel surface (654km) and earth surface (345km). Though no opening up of major roads in the recent past, spot improvements and the ADB Road 2000 project have continued thereby enhancing the already opened up network. All feeder roads to the project road head to and from the western side to join the Iten/Kapsowar– Eldoret road and are used for the supply of manufactured goods and transportation of farm products. The district does not have a railway line but there is a proposed airstrip on the lower part of the Kerio Valley. Most of the population (41.9%) use earth roads while tarmac is used by 14.6%, gravel (10.5%), murram tracks (5.6%) and the rest (27.4%). The main transport means on the project road include open pick-ups, Saloon 7seater matatus, motorbikes, bicycles, donkey (cart pulled/back carriers). Marakwet district has 256 landline telephone connections and mobile network coverage is almost 100%. The district has two private courier services and 5 post offices. Specifically the full stretch of the project road has mobile services, except in few spots, as well as wired telephone services. The main ICT providers are local authorities, government departments, parastatals and private companies. However, information and communications technology is yet to penetrate the operations and business activities in the district as there is lack of an internet cybercafé at the district headquarters in Kapsowar. Further, outdated computer hardware that is both slow and inefficient continues to be used while the staff has inadequate capacity to properly use modern IT machines. 99% of the rural households use wood fuel while 1% uses Kerosene as an energy source. There is minimal use of biogas by 30 households and solar energy by 10 institutions. 4,190 trading centers and 4200 households are connected with electricity. 5.3.7 Stakeholders and Institutional Presence There exist numerous stakeholders and institutions along the project corridor that will however benefit as they are directly served through the project route. The Table 6 below presents a summary of the key stakeholders, including their roles, in the project area. Table 11: Stakeholders and Their Roles in the Project Area Name of stakeholder Activities Community Current Farmers, etc Government General development Contractor - Community based (such as Legum organizations Natural resource management, income generating Proposed for Project Implementation Release land, labour, some supplies and construction materials, social support and host to the contractors Provide financial resources, enforce observance of traffic rules and road maintenance among others, compensate land owners Construct the road as per the bid documents Conservation by providing and planting trees seedlings 46 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 5.3.8 Institutions Served Among the institutions that will be served by the project route include: (i) (ii) (iii) (iv) (v) (vi) Primary schools including Chechan, Murkutwo, Chesongoch, Toroko, St Maus Academy, Kabetwa, Kapkobil, Kapkain, Tot, Chewasat, Kabartanet, Embomil, Valley Oasis Academy and Barapeni. Secondary schools include Queen of peace in Murkutwo location, St Paul Kapkodot in Mokoro location, Kerio Valley secondary and Tot mixed secondary school in Koibirir location. Health centres (Chesongoch mission hospital, Kabetwa health centre and Tot sub district hospital, Religious facilities namely St. Benectine Catholic chesongoch among others, Administrative offices (Divisional, Location and sub-location offices at Chesongoch, Kabetwa and Tot), Projects (Farmers training centre at Chesongoch, Legum Children centre, Community Library centre at Chesongoch among others). 5.4 Economic Activities 5.4.1 Trading The Marakwet‟s are traditionally pastoralists but have now taken to mixed farming by incorporating crop farming as part of a major economic activity. The district remains an agrarian economy depending mainly on agricultural activities to sustain its livelihoods. The area under arable practice accounts for 883.9km2 of the district land which constitutes 61.3% of the district acreage. Both crop farming and stock-rearing are undertaken at subsistence level. The sector employs over 90% of the district work force which forms source of household income; a source of raw materials for agrobased industries and environmental conservation and further a source of foreign exchange for the country, particularly from cash crops produced. A small population of 0.7% is engaged in commodity/social services and the rest in other activities2. However, farming efforts are complicated by inadequate transport systems, due to poor topography, that make farm produce not to adequately and timely reach market destinations. Consequently, most farmers fall prey to unscrupulous middlemen who take advantage of the situation to pay low farm prices. 47 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 7: 5.4.2 Commercial Features Livestock Keeping The main livestock bred kept are Zebu, Boran and Sihwals. The Kenya Integrated Household Budget Survey 2005/6 indicated that the mean population owning livestock in the district is 71.6%. Animals kept by proportion of the population are cattle (78.4%), sheep (56.1%), goats (23.6%), donkeys (4.1%) and poultry (59.3%) are the main livestock kept in the area. Most of the livestock kept are the indigenous animals though there also exist grade cattle and goats. Mostly, zebu cows are the commonest. Wool sheep are kept but in small scale. Milk fetches a price of KShs. 25 per litre at producer level. 48 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Figure 8: 5.4.3 Sample Livestock Crop Farming The population working in agriculture is 79%. The average small scale farm size is 3.6 hectares. Total acreage under food crops is 26,963 hectares while cash crops occupy 445.5 hectares. The Kenya Integrated Household Budget Survey 2005/6 indicated that the main crops grown by proportion of population are maize (92.6%), beans (68.6%), finger millet (5.5%), potatoes (23.0%) and sorghum (3.4%) among others. The project area is heavily cropped with the main farming areas being on the low land after the escarpment where it is easy to get water. The main crops include maize, sorghum, millet and mangoes. Mangoes fruits were identified as the most profitable cash crop that is uplifting the farmers in the area. This is clear from the fact that a sack of mangoes fruit are sold at between Ksh. 300-350. However it is done in small scale owing to traditional methods. 5.4.4 Trade and Industry Urban Areas occupy 9% (140 Km2) of the total district land area. Marakwet district has 49 trading centers, 18 wholesale and 1207 retail traders who are registered. It has two financial institutions and 15 Juakali associations. There are several trading centers along the route. The general features of businesses and markets on the project road are: (i) (ii) (iii) (iv) (v) (vi) Structures are walled with bricks and in few cases iron sheets, mud or timber. The roofs are of iron sheets and majority is cement floored, Most businesses are small scale and include posho mills, general shops, pool games (over 20%) bicycle/motor cycle repairs, barber and salon and hotels/bars among others, The markets are served with electricity, Few shopkeepers are fulltime engaged in their business, but are part time farmers as well and less than 80% of businesses are operational, Most of the institutions, mobile phone masts, administrative and commercial centers are located in these trading centers, All the main trading centers are located on road junctions. In addition to the various trading centres listed above, there exist a number of smaller markets as well as un-patterned and isolated kiosks across the stretch of the project road. Other economic activities include tourism which has gained from the relief features where people pay homage to 49 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) holidaymakers on the high altitude (of upto 2,800m) conditions, athletics which contributes immensely to the local economy, bee keeping, charcoal burning and logging mainly on private land. 5.5 Cross Cutting Issues 5.5.1 Poverty and Income The population of the poor in Marakwet district is estimated at 47.82% (74,825) who live in absolute poverty. The district contributes 1.13% to National Poverty. 46% of the population is absolutely poor. There are more poor people in the rural areas (45.7%) than in the urban (44%). 40% of the population suffers from food poverty. The most vulnerable groups include squatters, the aged poor, orphans, handicapped, unskilled casual labourers, female household heads, small agricultural farmers and alcoholics. Further, the district‟s poverty distinction is clearly distributed on geographical nature where the valley carries a heavier burden of poverty compared to the highland. The major causes of poverty in the district include; landlessness and land related issues; inadequate and poor physical infrastructure; low agricultural productivity and poor marketing; rampant HIV/ AIDS, unavailability of educational facilities in some areas as well as repugnant cultural practices; gender imbalance in relation to effective participation in productive economic activities; and disability. Incomes in Marakwet District are geographically distributed. The incomes are high in the wellendowed areas like the highlands, where the project road is proposed, and the escarpment and less in the Kerio valley. Rural self-employment is the highest contributor to household income (42.8%) followed by Agriculture (30.1%), Wage Employment (19.8%) and Urban-self employment (7.3%) 5.5.2 Gender The main gender issues are contained under the customary practices where land is owned by males who are also the only gender allowed to inherit land and other property. The youth (15 – 29) form 29% of the population totaling to 53,838 (26,060 males and 27,778 females). Primary school eenrolment by class and gender in 2008 indicated that a higher number of girls (28,500) than boys (26,323) were enrolled3. Violence occurring in the family and within the general community is a gender concern. The common violence includes wife battering, sexual abuse to girl child, rape, sexual harassment and intimidation at work. Based on the 1999 population census, various areas of variation in males and females can be identified as tabulated below: Table 12: Variation in Males/Females in the Project District Variable Total Population None Pre-primary Completed Education Std 1-4 levels (1999) Std 5-8 Form 1-4 Form 5 – 6 University 3 Male 5,482 6,709 15,044 18,552 9,813 274 445 Female 8,452 6,004 14,694 19,745 8,898 110 191 District education office, Kapsowar 2008 50 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Variable Population Youth Population (15-29) Labour force (15-64) Aged Population (65+) Total Male 20,255 35,461 2,681 Female 21,591 36,825 3,206 Source: Marakwet District Development Plan and 2009 Population and Housing Census Vol. II Women in the district are faced with a number of challenges including inadequate access to credit, lack of technical skills, multiplicity of roles for women and inadequate access to education and training. The tradition delineation of labor persists with women assuming the entire responsibility for childcare, provision of food, water and firewood collection and the general maintenance of the homestead among others. The key gender issues in the project area are inadequate representation of women at all levels, prevalence of harmful cultural practices (e.g. early and forced marriages for girls, and Female Genital Mutilation (FGM), bias in employment, which tends to favour boys against girls and disallowance of women to own property especially the ancestral land. 5.5.3 HIV/AIDS In Marakwet district, the HIV/AIDS pandemic is an economic, social and cultural challenge. The current prevalence rate of HIV/AIDS in the district is 3.7%. The first case of HIV/AIDS in the district was detected in 1988 and by 1990 only 2 people were living with AIDS. However, the number of people living with HIV/AIDS has grown to 239 by January 2001 while 161 have passed away due to HIV/AIDS or opportunistic diseases. The figure below summarizes the HIV/AIDS trends in the district; The high prevalence rate is caused by stigma, inadequate guidance and counseling personnel, high number of OVCs and Closed culture. The direct and indirect impacts of HIV/AIDS have included increased direct production costs through additional health care expenditures resulting to prices increases; loss of skilled labour, reduced productivity and declining household incomes that lowers demand for industrial goods. In addition, it has constrained health care resources and increased households‟ poverty. 5.5.4 Culture The project area is inhabited by the Keiyo (also known as Elgeyo) ethnic group. The Keiyo are an ethnic group that is part of the larger Kalenjin ethnic group of Nilotic origin. There are however few members of other ethnic groups mostly in urban centres. The Keiyo ethnic group in this district consist of 16 clans all living homogeneously. Among the Keiyo clans are Kamoi, Kapterik, Irong and Rokocho. Each of these clans are further sub-divided into sub-clans (for example, Rockocho clan has Kamelgoi sub-clan, Kakibii sub-clan and Kamugul sub-clan). The sub-clans are further subdivided into extended families and then nuclear families. The Elgeyo subsist mainly on grain; and the milk, blood and meat provided by their cattle, sheep and goats. Though most of the traditional practices have been eroded by modernization, some customs still remain. The notable customs that remain include circumcision initiation ceremony that take place in December during when boys live in the forest for two months, marriage ceremonies and dowry payment where one has to pay three cows. Majority of the population (99.9%) are Christians. There are various social activities along the route and groups of people could be found in pool playing, television viewing and discussing diverse issues. Other social functions along the route include football playing. Drunkenness, of local brew, 51 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) is a major social problem in the project route involving majority of the males and several females. Its history can be traced from easy access to free money and gifts from politicians as well as traditional Keiyo culture and practices. 52 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER SIX: 6.1 PROJECT ALTERNATIVES ANALYSIS General It is expected that the upgraded road corridor will follow the existing alignment. There are, however, sections that may require considerations of options with a view to selecting the most environmentally friendly and cost effective option. Limitations to alternatives are based on land acquisition, road design speeds, topography and economic targets centers. The following sections briefly describes the available options, 6.2 Alternatives Analysis 6.2.1 Alternative 1 (No Option) The option implies that the road do not get upgraded such as to remain as it is. After having to wait for many years to have the road upgraded, the local beneficiaries will not take the “no option” as a viable alternative. 6.2.2 Alternative 2 (Existing Route with Realignments) This route is noted to serve and link most of the economic centers and markets along the Elgeyo Escarpment corridor. Save for the sections to be re-aligned due to sharp bends, this alternative provides the cheapest option due to minimum land acquisitions. 6.2.3 Alternative 3 (Chesongoch – Tot upgrading Option) This is a 14 kilometer section that serves an important section of the Elgeyo escarpment and the larger Kerio valley catchment area which if well opened has a huge potential both in agricultural activities and also tourist attractions. The community has also suffered in the past many years due to poor road networks in the area, including loss of life as patients are transferred to the major hospital at Eldoret a journey that would take over ten hours at the current poor state of the road as the Medical officer of Health at Tot sub district hospital narrated. When the road infrastructure is improved the journey can take a maximum of three hours. In view of the above observations, option (iii) is preferred, but option (ii) could still be graveled to serve the population along the escarpment. Following are illustrations of features along the various options. 53 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER SEVEN: CONSULTATIVE PUBLIC PARTICIPATION 7.1 Overview Consultative Public Participation is an important process in ESIA studies through which stakeholders contribute to the overall project design by making recommendations and raising concerns. In addition, the process creates a sense of responsibility, commitment and local ownership for smooth implementation of the project. 7.2 The Process Consultations on the proposed Chesongoch – Tot road was carried out in two phases: (i) (ii) 7.3 Phase one involved in-depth consultations with key informants namely the provincial administration (the DC, Dos, Chiefs and Assistant Chiefs), GOK heads of departments (NEMA, DDO, livestock and agriculture), the Kenya Wildlife Services (KWS), heads of institutions, CBOs, farmers, land owners and traders. Phase two included mobilisation and conducting of three consultative public participation meetings. In-Depth Interviews In-depth interviews were conducted with the Deputy County Governor and Commissioner (Keiyo Marakwet County), the District Commissioner and heads of departments Keiyo East district, acting District Officers in Tot Division, Chiefs of Murkutwo, Mokoro and Koibirir Locations, Medical officer Tot Hospital, assistant chiefs for Murkutwo and Tot sub-locations. Other government officers interviewed included the Clerk to the D.O Tot office, KeNHA Regional Manager Eldoret, District Agricultural and Livestock Development Officers and District Environment Officer (DEO)-NEMA Iten. Concerns and recommendations from the indepth interviews are presented in the table below: Table 13: Concerns and Recommendations from the In-Depth Interviews 54 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Cluster Of Respondents County Governor District Agricultural and Livestock Development Officers Provincial administration District Environmental Officer (Iten) KeNHA Regional Manager Eldoret Fears and Concerns Recommendations The road will increase surface run –off which may be diverted to people‟s farms causing erosion and crop destruction  Local leadership should be involved right from the beginning  Furrows are livelihoods to the residents so ensure they are incorporated into the road design  People should be educated on how to exploit opportunities arising from the road construction and operation  Employ locals which will not only reduce resistance to the project but also enhance security  It should be ensured that the contractor does a professional work – road that can last  Proper management of the water furrows and out falls during construction to reduce conflict  The project road is a great initiative and will facilitate marketing of produce. The region is prone to drought area and the management of the water furrows should be considered since it contributes to the community source of livelihood Land is communally owned and there is no proper land demarcation in the area  The project road should be given priority and will help improve the security in the region, accessibility to health centers and market of the produce The Marakwet area is still  Provide avenues for alternative livelihoods insecure owing to rampant besides pastoralism cattle rustling  Awareness creation should be undertaken prior to beginning of the road construction  The labour for each sub-location should be sourced from that particular area through established local committee  Factor in security costs as part of road construction  Extensive erosion due to the  Proper drainage structures to be constructed loose and fairly sandy soil in  Water resources should be protected the area  Sensitive environment and habitat should be  The water canals used for protected irrigation downstream that  Planting of trees after the completion of the project cuts across the road  Use religious institutions to enhance morals  Mature trees along the road corridor that may necessitate cutting down  Accessibility may increase deforestation and charcoal burning in the project area.  The drainage of the area.  The design should consider the drainage pathway  The extensive number of and out flows of the flowing seasonal rivers and water furrows/canals that streams from the Elgeyo Marakwet escarpment so cuts across the road as to protect the constructed road.  The bridges and along the water drifts to be constructed should be properly embarked and reinforced to reduce the chances of being washed away. 55 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 7.4 Consultative Public Participation Meetings Three public meetings were held along the project road on 12th July 2012 and 30th May 2013.The venues for these meetings including dates and number of participants is presented in the following table: Table 14: CPP Venues and Levels of Participation Sub-location/Location Murkutwo Tot Kabetwa Venue Date and time Chesongoch Community Social Hall Chesongoch Community Social Hall Kabetwa Market th 10.00 am Number of participants 93 12 June 2012 th 2.30 pm 46 30 May 2013 3.30 pm 28 12 June 2012 Time Total 167 Source: Analyzed From CPP Registers 7.4.1 Consultative Public Participation Process The process for conducting consultative public participation meetings involved. (i) (ii) 7.4.2 Presentations by the consultant covering the need for conducting an Environmental and Social Impact Assessment as per the NEMA requirement contained in the 1999 Environmental Management and Co-ordination Act, prevailing environmental and socioeconomic situation, the anticipated impacts and proposed mitigation measures for the negative impacts. Recommendations as well as question and answer sessions on the presented concepts of the proposed project road Public Views/Opinions, Comments and Suggestions During public consultations, the participants raised their fears/concerns and made various suggestions and recommendations: (i) (ii) (iii) (iv) (v) (vi) (vii) There should be minimal interference with the water furrows that are used by farmers for irrigation purposes. It was clarified that this was adequately incorporated into the design The community should be given opportunity for employment during the construction process. Specifically, women should be involved. This was supported and strengthened in that 66% of the casual labourers will be locally sourced. Livestock paths and crossings should be provided for at major watering points. For this purpose signages will be provided, Zebra crossings and road signage should be provided for to avoid human and livestock accidents. It was clarified that these are provided for within the design of the road, Areas where trees are cut down will be re-vegetated specifically with acacia seedlings which are used as a fodder crop by the livestock farmers. As a sound environmental management effort, this will be undertaken, The road is extended to serve institutions such as Chesongoch community library and the mission hospital. On this recommendation, participants were advised that there are budget challenges and other sources of financing notably the CDF should be explored, Community implementation committees were suggested as a better method of solving any crisis that might arise during the implementation process. On this note, the 56 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) community was advised to organize herself in order to benefit and address issues arising jointly, Local agreements on the land ownership should be honoured as the area is not surveyed and there are no title deeds. This was seen as a major breakthrough in dealing with ownership of the affected properties. The contractor‟s camp should be surrendered to the community once the road was completed. However, participants were informed that this will depend on the contractor and on social relationships with the community. (viii) (ix) 7.4.3 Fears and concerns The stakeholders raised various fears and concerns in as far as upgrading of the proposed road is concerned. Their fears and concerns included: (i) The grave side near the Chesongoch polytechnic and Beretwa farm may be affected and there is need for the government to meet the costs of relocation. However, it was clarified that the road will follow the existing alignment and the graves referred to were a distance for the ROW, The Road is likely to compromise safety for the disabled children‟s home near Chesongoch town centre who walk to a nearby primary school, There is likelihood for increased rate of spread of sexually transmitted diseases and HIV/AIDS. (ii) (iii) 7.5 Summary of Consultative Process All the stakeholders interviewed generally agreed that the road will have enormous social economic benefits and to some extent important cost reduction in productivity and operations. Most indicated that the road will spur economic growth of the region by enhancing movement. Figure 9: Public Consultation Forums Presntations By The Consultant Participants Keenly Listening To Consultant Presentaaions 57 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Participants Raising Questions And Making Recommedations Presentations By The Consultant 58 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Participants Raising Questions And Making Recommedations 59 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CPP at Beretwa arket 60 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER EIGHT: 8.1 ANTICIPATED IMPACTS AND MITIGATION MEASURES General Overview Impacts emanating from the road project are generally impacts emanating in the social and physical environment as well as economic aspects. Among the linkages will be found as follows; (i) Natural resources (land and soil, water resources, vegetation cover, wetlands, escarpment, wildlife, etc.) Physical environment (hydrology, physiology and drainage), Social aspects (population and settlement trends, land use patterns, institutional distribution, water sources, health and safety among others Economic issues including income generation, trading opportunities, transportation, agricultural productivity, mining, livestock production, etc. (ii) (iii) (iv) The key linkages are summarized in the table below‟ Table 15: No. Linkages and Concerns Focal Areas Linkages/Environmental Concerns 1. Natural Resources (wildlife, forests, vegetation/plant species, water sources, land, air, wetlands, etc.) 2. Physical Environment (topography, land forms, geology, hydrology, climate, etc.) 3. Social and economic environment (Populations trends, settlement, land use, infrastructure, economic activities, etc.) Health, Safety and Security aspects  Land degradation through soil loosening and loss through erosion,  Siltation of sources of water e.g. springs, stream, rivers, wetlands, etc.,  Water quality degradation from road construction and use related pollutants (oil, grease, paint and asphalt),  Permanent destruction of vegetation cover along the road routes, diversions, contractors camp sites, materials holding areas and/or borrow pit sites (quarries),  Disruption of wildlife and general biodiversity. Effects may also be felt in nearby sanctuaries or sensitive habitats,  Emissions into the air of dust (during earth moving and machinery movement) and smoke/hydrocarbons from equipment during construction and increased traffic flow after commissioning,  Degradation of wetlands and other hydrological regimes along the route,  Other aspects as may be identified in the field,  Interference with the wildlife habitats and migratory corridors,  Changes in micro-topographic patterns along the route,  Interference with the hydrological trends and hence surface runoff,  Effects on the drainage systems and hydrological regimes, particularly with increased magnitude in surface runoff,  Open quarries, materials borrow site, effectively changes land forms,  Effects on sub-surface geological formations as a result of earth moving and rock breaking activities,  Interference with of sensitive features such as old trees, historical buildings, public amenities, cultural features, etc.  Population and settlement trends upon commissioning of the road,  Migration of outsiders for construction,  Increased moral decay during construction,  Changes in land use and urban growth trends,  Changes in major economic activities e.g. agricultural and settlements.  Benefits of the road to the communities,  Accessibility and efficiency in transport of people and their goods,  Changes in socio-cultural practices and lifestyles due to external influence,  Additional issues anticipated from social interactions.  Safety of the construction equipment to the workers general public and the wildlife, 4 61 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) No. Focal Areas (construction safety measures, role of road in security, road safety and security upon commissioning, etc.) Linkages/Environmental Concerns         8.2 Impacts Analysis 8.2.1 Positive Impacts Interaction with the construction workers may lead to high HIV/AIDS cases, Noise to the residents and wildlife living immediately along the road, Signage to road users during construction, especially at night, Increased traffic flow upon commissioning implying higher risks of road accidents to the people and wildlife, Easy access by medical suppliers and security agents to the benefit of the residents, Sanitation from construction sites, Handling of health risk sites and materials (graves, pit latrines, cattle dips, etc.) Increased insecurity especially cattle rustling The following benefits will be associated with the project implementation and post-commissioning; Environmental Benefits (i) (ii) (iii) (iv) Easy access to the escarpment for enhanced conservation, Reduced soil loss from the surface during the rains upon commissioning, Easy access to Iten and other towns in the region for heavy trucks though the new road will entail lower emissions compared to the current Kabarnet – Iten route, Moderation of current curves and protection of exposed environmental features (streams and at least one wetland). Social and Economic Benefits (i) (ii) (iii) (iv) (v) (vi) Generally, it will spur economic and social development by providing vital links between centers of production and markets for agriculture and enhancing peoples‟ access to employment and a wide range of social services including health, education, recreation and others, The terrain of Marakwet district makes it hard for majority of the residents to access health, education and other services. Thus construction of the road will enhance access to health, education and other services by use of either motorized and non-motorized transport, Human mobility through an effective transport system will ensure easy accessibility of goods and people to markets, social amenities and transportation of raw materials among others, Improved transport means will induce for efficiency and multiplicity of transport alternatives to be availed as currently, farmers rely on trucks and drought animals to transport farm produce. Further, it will save time of traveling by over 150% from two hours to three quarter hours. Vehicles will be expected to travel at 80 Km/h instead of the current speed of 10 – 30kph, Reduced routine maintenance and vehicle operating costs as the road is currently an earth road and the government and the local authorities spent quite some amount of scarce funds in its maintenance each year, The opening up of the areas will be accompanied by influx of HIV/AIDS awareness creation agencies that will open up more VCT centers. This will improve awareness, attitudes and knowledge levels and may reduce the prevalence of the disease, 62 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) 8.2.2 Opening up the area for scenic tourism and enhancing business operations in the area and beyond thereby creating environment of competitive business for the good of the community and the Government in tax returns, The project will reduce poverty levels and improve the standard of living of the community accessing the road, The project will ease transport and in effect expose the residents to the “outside world” as the travel to other areas and receive “outsiders”. Similarly, it will safe time for travelers as they can reach their destinations and return fast, The project will reduce the cost of travel and transport/doing business and thereby reducing inflation rates as prices of goods and travel, The project will directly and indirectly create employment, The project will boost the agricultural production of milk, fresh vegetables and passion fruits as well as livestock among others in the area. This will result to increased production of milk which can now be easily marketed. Further, perishable goods will reach markets on time, The project will enhance security for travelers as they travel in vehicles and not on foot/bicycle where they are constantly and easily attacked/mugged, Economic and business status of the area will improve as customers will increase and open up the area for investors, The road will connect the valley to the highlands, It will shorten distances traveled along the route. Negative Environmental Impacts The road project will also have negative implications on the environment and social aspect as will be briefly outlined in the following sections; Hydrology and Drainage The road runs through the intersection of a major drainage catchment. It, therefore, does cross any significant rivers along the way. The drainage of the road surface contributes to either catchment in varying locations. The whole of the drainage in the area tends to discharge into Kerio River in the Valley. Upon road completion, hydrological contribution into the catchment will be enhanced Effects of this scenario will be; (i) (ii) (iii) Soil loss due to drainage outfalls directed on private land. This is particularly in sections with sloppy zone where the hydraulic loading will be higher. Excessive flows into small streams during rains that is likely to disrupt their aquatic ecosystems, Drainage system along the route will be blocked during the construction phase , that will also be accompanied by elevated siltation of streams Water Resources Runoff from the road surface during construction will transport silt in to the streams. Other pollutants will include spilt oils and wastes from construction machineries. Pollutants from the completed road would include litter, suspended matter (that would include rubber dust) and oil residuals. The materials would be washed into the natural drains and ultimately into rivers Spoil Management The overburden and materials cleaned from the corridor during excavation and earth moving need to be disposed of safely. Some land owners may request to have the soil dumped on their land for landscaping and reclamation. While this is acceptable it could create a nuisance to their neighbors. 63 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) On the other hand the spoil could be dumped into quarries, wastelands and/or used for landfill sites. This could also create an environmental (soil and land degradation, micro-hydrological and drainage effects) and public nuisance unless appropriately coordinated. Disposal of construction materials including asphalt cement residuals, oil/grease wastes and concrete remains could also be environmental concerns if dumped in unapproved locations. Material Sites Impacts from material site would include; (i) (ii) (iii) (iv) (v) Removal of vegetation cover and perhaps species that might take long to replace Land degradation by disruption of the local sub-surface geology and top soil Emission (dust and hydrocarbons) into the neighboring areas with risks to health and comfort of residents Noise and vibration from material removal machinery, blasting activities and transportation trucks that could affect neighbouuring housing structures and other installations as well as residents comfort Safety of the immediate residents, especially children, the aged and livestock Material sites would be categorized as follows; (i) (ii) (iii) (iv) Material sources including gravel and hard stone quarries, sand, cement and water(river or groundwater) Material holding sites (piling stones and water tanks) Material preparation sites including asphalt preparation, aggregate coating and hard stone crushing sites. Fuel Camp Sites The road construction will require central points for management office, material and equipment stores, machinery services and other coordination purposes. The camp categories will include workers camp, operations camp (offices, stores and workshops) and materials holding camps. Among the impacts anticipated would include; (i) (ii) (iii) (iv) Discharge of domestic related wastes (sewage and garbage) has potential for environmental pollution and health risks to the affected public Dumping of construction wastes including oil residuals, bitumen/asphalt cement residuals scrape machine parts and waste water could significantly, impact on environmental resources , especially water Emission from camps including dust and other gases may affect the health and comfort of the neighboring communities Noise and vibration from material preparation campsites could affect housing and other structures in the neighborhood Impacts on the project Observations of the road corridor shows minimum encroachment onto the road reserve save for a few temporary structures along markets. However, there notable features that may have implications on the efficient road construction such as to include; (i) (ii) Water pipelines running along the road reserve serving the residents. Power lines are also found running parallel to the road corridor, sometimes poles within the road reserve. 64 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (iii) (iv) The current alignment is forced to take sharp curves in a few sections due to topographical settings. These are among the areas with possible realignments, There are schools and markets likely to face increased population upon the road completion while this may not hinder the construction activities, specific measures will require to be integrated to prevent potential impacts. 8.3 Negative Social and Economic Impacts 8.3.1 Economic impacts (i) Increased livestock theft due to easy and speedier accessibility to the animals and market destinations, (ii) Increase the number and frequency of both man, especially for the drunkards, and livestock accidents, (iii) Some social facilities especially schools, churches and water points will have to be relocated leading to changes in social interactions among those using such facilities, (iv) The road may result to dilution and/or extinction of rich cultural practices among the Keiyo ethnic group. This will reduce cultural tourism in the area and cause deep divisions between those who adopt the new cultures and those who hold on to the traditional practices, (v) Possible increased prevalence of HIV/AIDS due to moral decay and prostitution. (vi) Genders balancing as women are exposed to the outside world of modernization and human rights, (vii) Due to road realignment, there will be need for land acquisition. This may result to strains and disenfranchisement of some family members taking into account that most of the land in the area is productive and land parcels are small (viii) Small scale transporters who use donkeys, animal drawn carts and motor bikes will uncompetitive loss to large scale and established transporters (ix) Disturbance of livelihoods and production/service provision processes during construction (x) Small scale business operators will also experience constraints as competition from large scale investors go a notch higher 8.3.2 (i) (ii) (iii) (iv) (v) (vi) Social impacts Increased livestock theft due to easy and speedier accessibility to the animals and market destinations, Increase the number and frequency of both man and livestock accidents, Some social facilities especially schools, churches and water points will have to be relocated leading to changes in social interactions among those using such facilities, The road may result to dilution and/or extinction of rich cultural practices among the Keiyo ethnic group. This will reduce cultural tourism in the area and cause deep divisions between those who adopt the new cultures and those who hold on to the traditional practices, Possible increased prevalence of HIV/AIDS due to moral decay and prostitution. Genders balancing as women are exposed to the outside world of modernization and human rights, Due to road realignment, there will be need for land acquisition. This may result to strains and disenfranchisement of some family members taking into account that most of the land in the area is productive and land parcels are minimal. 65 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 8.4 Mitigation measures While enhancing the positive aspects of the road, it will be important to appreciate the negative impacts and institute necessary mitigation actions during the construction and also upon commissioning. The mitigation measures are presented in the matrix on Table 15 below. 66 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Table 16: Mitigations Matrix Item No. Development Stage Environmental Aspects Anticipated Impacts 1 Project planning and road design phase. This phase is ongoing. _ No impacts to the environment are anticipated from this activity, it will mainly be off-site with few site visits. Entire project area 2 Route survey and preparation phase. _  No impacts anticipated on the environment, Within all markets along the route in addition to overhead power line crossings.  Overlap with other public amenities service lines (power lines and water pipelines), 3 Construction Phase (clearing and top soil stripping) Environmental disruption 4 Construction Phase Water Sources  Interference with the water fallows  Destruction of vegetation, and agricultural crops,  Soil loss during rains,  Air pollution (dust and particulate matter) towards the wind ward side,  Emissions from construction machinery Negative:  Sediment loads in surface water sources,  Siltation of surface water sources,  Reduced river/stream flows,  Risks to aquatic life forms. Areas Affected Many water fallows in the area Entire project route Focus on many rivers and springs in the area.(specifically Chesongoch River chainage 0+900 Embolot River chainage 4+500 and Embobut River crossing slightly after Tot Sub District Hospital Proposed Mitigation Measures (On negative impacts)  Work alongside the ESIA experts and consult on a continuous basis,  Integrate environmental considerations in the road designs,  Initiate public sensitization process to the communities and landowners along the corridor.  Make clear marks showing chainage for ease of references,  Establish existing relational mechanisms on road and public amenities services lines,  Ensure minimal interference with water fallows.  Enhance public sensitization and awareness on the project implications,  Observe lowest noise levels from machinery. Works preferably during the day time only,  Keep work sections wet at all times to avoid dust emissions,  Confine diversions close to the road reserve to minimize the impact area.  No excavations to be done through wetlands and near stream banks,  Protect excavated sections from storm water,  Institute emergency measures and procedures for protection of streams downstream,  Design adequate culverts to accommodate peak flows. 67 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Development Stage Environmental Aspects Anticipated Impacts Areas Affected Proposed Mitigation Measures (On negative impacts) 5 Construction Phase Water Pollution Negative:  Pollution from asphalt residuals.  Pollution from oil and grease spills,  Increased turbidity in surface water,  Pollution from settlements,  Health risks of the residents,  No solid waste, fuels or oils should be discharged into drains and streams,  Control leakages from maintenance, fuelling and cleaning of vehicles and construction equipment,  Control asphalt preparation plants and transfer facilities,  Oil recovery interceptors are necessary,  Professional handling of point sources of pollution along the route needed. Construction Phase Land and degradation Negative:  Soil erosion and loss,  Land degradation,  Landscape and topography. 7 Construction Phase Noise, vibrations, and aerial emissions  Site camp locations (not known yet),  Material preparation camp sites (not known yet),  Excavations and earthworks all along,  Points sources in all market centers  All sections requiring the grading of slopes,  Wetland areas and areas with springs,  Material sites and borrow pits (not identified), Entire route. Special attention diversions areas with high settlements, market centers and cultivated lands, mainly passion fruits. 6 8 Construction Phase Biodiversity and delicate ecosystems. Entire project route. Special attention diversions and realigned sections.  Avoid encroachment into wetlands and spring sources,  Replace vegetation on the reserve upon completion of construction.  Confine the diversions within the route reserve. soil Negative:  Discomfort from noise in residential homes,  Damages to buildings from vibrations,  Particulate matter and dust emissions,  Health risks of the residents,  Hydrocarbon emissions  Reduced crop production (pollination inhibition by dust). Negative:  Disruption of biodiversity e.g. snakes, rodents and birds,  Destruction of vegetation covers particularly.  Control dumping of oil residuals, waste asphalt and scrap vehicle parts,  Hold top soils from material sites for rehabilitation,  Stabilize cut sections, fills and quarries,  Carry out construction only during daytime,  Excavation to be undertaken with ordinary earthmovers. Any explosive blasting be applied under supervision,  Ensure good maintenance of vehicles and equipment,  Liaise with property owners to assess level of damages if any. No indications of significant 68 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Development Stage Environmental Aspects Anticipated Impacts Areas Affected Proposed Mitigation Measures (On negative impacts)  Areas close to water sources along the road corridor in the Kerio valley  Integrate landscaping design to moderate effects of cuttings in sloppy areas,  Stabilize cut-surfaces with gabions, stone pitching, vegetation, etc.,  Identify locations with sub-surface water streams before cutting,  Direct all surface runoff into existing natural drains,  Adequately designed culverts and drains to accommodate peak runoff from the catchment.  Excavations SHOULD NOT encroach onto wetlands and springs,  Exhaust and rehabilitate one material site before opening another section,  Provide safety for employees (safety gears) and public (safety warnings),  Exhausted quarries and borrow pits be isolated, protected and rehabilitated,  Hold top soils and vegetation matter near the quarries for backfilling,  Ensure reduced stagnation of water in abandoned quarries and borrow pits,  Spoil dumping will be controlled,  Develop appropriate contractual agreement with landowners on conditions and terms of quarrying. wildlife presence in the project area 9 Construction Phase Hydrology, Drainage and Topography Positive:  Reclamation of waste lands by spoils dumping,  Regulated storm water flow. Negative:  Blockage of natural drainage systems and changes in hydrological regimes,  Changes in landforms features from cuttings,  Loss of springs. 10 11 Construction Phase Construction Phase Material Sites Health, Safety and Security Positive:  Quarrying for income generation,  “Cut to fill” initiatives wherever possible as opposed to borrow pits, Negative:  Open pits with safety risks,  Long term land depreciation,  Reduced land productivity,  Risk to public health,  Aesthetic degradation,  Dust emissions,  Material dumping,  Land degradation. Negative:  Bronchial and sight problems from dust and emissions,  Noise to the residents from construction equipments,  Safety risks from trucks and other construction machinery, Material sites not identified by the time of this assessment  Construction camp sites,  Settlement areas,  Market centers, school, and neighbourhoods,  Junctions, sharp  Inform communities along the project route on construction activities,  Institute health and safety plan for workers including sensitizing them on HIV/AIDS,. Provide employees with personal protective gears and enforce application  Install reflective signage for safety of road 69 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Development Stage Environmental Aspects Anticipated Impacts  Social disease (HIV/AIDS cases). 12 13 Construction Phase Construction Phase Waste Management (Soils, oil/grease, filters, camp wastes, etc.) Social Issues (housing, cultivation, crop loss, aesthetic pollution, safety issues, etc.) transfer Positive:  Potential for the recyclable wastes,  Landfills using spoil soils where required. Negative:  Risks to people‟s health,  Aesthetic pollution from spoils,  Environmental pollution from camp wastes Positive:  Temporary job creation,  Income from compensations (where necessary),  Economic based land-use changes associated with the project,  Appreciation of property values and investments in anticipation. Negative:  Unplanned settlements (strip development) and around market centers,  Relocation of dwelling at realigned sections,  Temporary disruption of feeder roads,  Loss of land and crops at points of expansion or realignments.  Social and cultural influence from construction community Areas Affected bends and steep slopes  Workmen camp sites (sites to be identified),  Market centers,  Quarry sites (yet to be identified)  Construction workshops  Settlement areas along the corridor Entire project route and particularly around market centers Proposed Mitigation Measures (On negative impacts) users,  Keep public from materials sites.  Inventorize the types and quantities of waste generated,  Reducing solid waste generation from construction operations,  Determine appropriate management options for each type of waste,  Adopt “cut-to-fill” options and reduce demand for off-site materials,  Waste material storage bins installed strategically around the camp sites,  Isolate excavations from settlement areas,  Appropriate compensation for losses and damages be at market rates,  Initiate public awareness and sensitization campaign on safety aspects related to the road project,  Utilize local manpower during the construction works,  Provide access alternatives for the affected land owners and others,  Provide adequate stream crossings for enhanced safety,  Provide appropriate slip roads in towns and bus stops for enhanced road safety. 70 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Development Stage Environmental Aspects Anticipated Impacts 14 Commissioning of the new roads Public awareness Road use and Maintenance Environmental pollution This is a function of receiving the roads from the contractor and opening the completed road for public use. Negative:  Runoff from road surfaces into streams,  Suspended solids into rivers and streams,  Oil, grease and asphalt residual pollutants,  Potential risks to public health downstream the road, Positive:  Employment and income opportunities,  Improved delivery of goods and services,  Efficient public transport, 15 Social Impacts Health and Safety 16 Maintenance Phase Road drainage (culverts, drainage systems, Negative:  Environmental pollution from vehicular emissions,  Exposure to transient residents. Positive:  Improved security provisions,  Access to health facilities. Negative:  Increased road accidents,  Casual social contacts v/s HIV/AIDS cases,  Dust and emissions related infections. Positive:  Long term stability of the road,  Employment opportunity for the locals on non-skilled Areas Affected Entire project route Proximity to wetland and spring sources. Special attention close to settlements and market centers. Project wide issue but with special attention to market centers and near construction camp sites Proposed Mitigation Measures (On negative impacts) Inform affected landowners of the commissioning as a preparatory process for changes in traffic flow, safety aspects and appreciation of the ultimate benefits.  Institute a monitoring process at river crossings and shortly downstream,  Ensure culverts are kept clear at all times and channeled into natural drains,  Introduce appropriate vegetation in the stream downstream of the crossings,  Compel road users to take responsibilities of own pollutants,  Establish an in-house self environmental audit for the road,  Install and maintain appropriate road safety furniture for enhanced safety,  Sensitize residents on reserve boundaries,  Initiate a continuous economic evaluation of the road.  Install adequate road signage for enhanced road safety,  Install marked speed bumps at high population density points,  Provide clear “zebra crossing” marks at high population areas,  Collaborate on enforcement of road safety regulations,  Collaborate on HIV/AIDS awareness process.  Alert motorists on any repair works within adequate distance,  Clear information to motorists of any partial or full road blockage during repair 71 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Development Stage Environmental Aspects bridges), road surface damages, reserve encroachment, floods, safety issues. Anticipated Impacts labour,  Sustained road safety,  Influence on land use trends Areas Affected The entire road route Negative:  Damage to the road due to accumulation of water on the reserve areas,  Interference with the free flow of water in streams,  Pollution of water downstream,  Structure not in conformity with the natural environment Proposed Mitigation Measures (On negative impacts) works,  Replace in good time damaged road signage and other safety installations,  Ensure drains and crossings are kept clear to avoid flooding,  Establishment of alternative traffic plans at blocked sections of the roads,  Monitor encroachment to the road reserves,  Involve riparian land owners in maintenance of adjacent road sections,  Undertake EIAs for any major rehabilitations on sections of the road, e.g. bridges,  Adopt the principles of Roads 2000 Initiatives. 72 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER NINE: 9.1 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN An Overview While appreciating the benefits on the social and economic front, it will be necessary to recognize the negative implications on the biological diversity and habitats along the route with specific focus on the sensitive ecosystems. The foregoing chapters of this report shows that the proposed project poses issues of concern related to social and economic development as well as environmental conservation and for this reason, a comprehensive management plan outline would be necessary on the project implementation. The plan would provide the key environmental and social concerns, appropriate preventive actions and responsibilities, targets to be achieved and where possible estimate of the respective costs. The plan will also provide basic success indicators for monitoring purposes. This management plan presents the key management principle that defines the scope of the plan implementation. Broad indications of the responsibilities have also been discussed along with the possible implementation constraints anticipated while detailed actions are tabulated in a matrix for ease of reference and review. It should also be noted that the matrix is not complete in itself and continuous reviews would be necessary throughout the project implementation period. 9.2 Guiding Principles The guiding principles behind the road project are based on the national objective of enhancing environmental, social and economic benefits to the people living in the affected area as well as linking the country to the neighbouring states in accordance with the Road Design Manual Part 1 (Geometric Design of Rural Roads) and in compliance with the environmental laws (EMCA, 1999 and associated regulations as well as relevant sectoral statutes). To achieve these objectives, the project should be acceptable to the majority and ensure minimal effects to the physical environment through integrated stakeholder consultations, evaluations and review of the design aspects throughout the project route and a sustained monitoring of the road upon commissioning. The broad factors that need to be considered in the project implementation and its post evaluations initiatives could include the following; (i) (ii) (iii) (iv) (v) (vi) 9.3 Preservation of the physical land forms (slopes, valleys, hills, etc.) and natural beauty (vegetation, aerial appearance, etc.) of the countryside, Protection of steep slopes, control of soil erosion and siltation of public sources of water (springs and streams), Enhancing integration of environmental, social and economic functions (hydrology, climatic conditions, topography, geology, population trends, settlement patterns, land use systems, etc.) in the project design and implementation, Protection and conservation of biological diversity throughout the project route, Incorporating all safety provisions in the road design and construction including accessibility by the users, speed controls, signage, river crossings, etc. Clear demarcation of road reserve that will ensure reduced encroachment by the adjoining landowners, Scope of the Management Plan The scope of this environmental management plan (EMP) is to give guidelines to all parties involved during construction, maintenance and utilization of the road in fulfillment of environmental and social requirements. The management plan has a long-term objective to ensure that: 73 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) (i) (ii) (iii) (iv) (v) 9.4 Environmental management conditions and requirements are implemented from the beginning of the project, construction and post-construction period, The social interests of the landowners and other stakeholders are considered through the construction and post commissioning of the roads, Maximum economic benefits to the immediate communities and the whole country, Precautions against damages to environment, biological diversity and sensitive habitats, and Unnecessary delay of the completion date of the contract due to problems associated to delays in land acquisitions, compensations and other hindrances arising during the course of construction. Responsibilities In view of the above objectives and scope, the project management system is expected to commit itself on the following aspects; (i) (ii) (iii) (iv) (v) (vi) The Contractor will engage an environmentalist/social expert to monitor the implementation of the management plan on a pre-agreed schedule, Take into consideration the landowners‟ desires and interests where the road realignment/expansion touches on private or institutional land and property, The project implementation shall uphold national policies and legal requirements on environment at all times during the project implementation, Ensure the proposed environmental protection measures stipulated in the impact – mitigation matrix on table 12 above are integrated in the project implementation plan to the extent possible, Resolve problems and complaints arising from damages and property losses within reasonable timeframes to ensure a smooth flow of construction operations and reduce social conflicts, Implement and continuously review this Environment and Social Management Plan for the benefit of acceptability of the project to all stakeholders, Precautions to ensure that damages to the environment are minimized calls for a concerted effort from the project management, the Contractor(s) and all stakeholders. Upon appointment, the Resident Engineer will be expected to discuss and convey the contents of this management plan, recommended mitigation/interventions outlined under the impact – mitigation matrix, instructions from NEMA as well as the wishes of the affected members of community to the Contractor and construction workers for integration in the construction process. The District Environmental Office in the affected districts will also be involved since they have up-to-date valuable information about the environmental and social trends in the area. Some landowners in the settled areas might find the road construction period an inconvenience to their daily activities and safety, though the opinion on the long term benefits from the road project is positive. In this regard, the proposed community project committees will need to be involved in the project monitoring framework. Good relations, therefore, by the contractor with landowners and other stakeholders, therefore, will need to be established and sustained through timely information on the construction schedules, duration of construction works, potential interference with their daily activities and other issues arising. This will also help in resolving of problems related to construction and prevention of possible social conflicts associated with the project. Communication channels should always be open to ensure proper and timely responses to any complaints that may arise from the road project. 74 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Significant environmentally sensitive areas and potential impacts have been identified under this ESIA report and the Resident Engineer together with the Contractor will need to integrate the related mitigation measures in the project implementation. It is also recommended that during the construction period a pre-agreed schedule of environmental reviews of the works be developed to monitor the level of compliance with the recommendations of this ESIA. 9.5 Key Management Aspects (i) (ii) (iii) (iv) (v) There are possibilities that the road will cause a mushrooming of new settlements and market developments along the route, a situation that calls for a collaborations from the Ministries of Roads, Local Government and Lands on appropriate physical planning, There are significant settlements along most sections of the proposed road alignment corridor. Few sections, however, will require realignments and expansions since there is adequate reserve for the road construction and expansion throughout the route, Safety aspects during construction and post commissioning phases of the road project would need attention on sections of the road traversing high population densities and also around material sites. There are possibilities of increased vehicular flows and speeds on improved quality of the road that may lead to increased potential road accidents, Notable aspects touching on health include stagnant water in abandoned quarries and material pits that encourages vector breeding (e.g. mosquitoes) leading to related diseases (malaria). Dust and gaseous emissions into the air with potential bronchial infections and other health problems to the workers, the neighbouring residents and travelers, Social interaction of the construction employees, most of whom are likely to come from other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections. HIV/AIDS control is a major undertaking under the project that should particularly focus on the urban centers along the route in addition to areas of social and economic concentration within the project corridor. Among the activities in this regard should be geared towards advocacy (awareness creation), training and preventive measures. It would be recommended as follows;  Develop appropriate training and awareness materials for information, education and communication (IEC) on HIV/AIDS,  Identify and partner other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for enhanced collaboration,  Develop an intervention strategy compatible with the road construction programme to address success of the HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders,  Integrate monitoring of HIV/AIDS preventive activities as part of the road constriction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs. 75 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 9.6 EMP Matrix 9.6.1 Construction Stage Table 17: Item No. 1 2. 3 EMP Construction Environmental Aspect and Sources Water Pollution:  Degradation of water sources (springs, rivers and streams),  Effects on downstream dependants and aquatic systems, Sources:  Silt from earth moving,  Oil and grease from construction machinery,  Wastes emanating from construction site camps and workshops,  Abstraction of construction water. Air quality:  Dust and particulate matter,  Visual disruption,  Smoke and hydrocarbon residual emissions,  Health problems to the communities. Sources: Construction activities (earth moving machineries and associated vehicles). Vegetation cover degradation:  Removal of agricultural crops and tree cover,  Clearance of bushes. Action Plans  Establish a supervisory mechanism for excavations not to interfere with sources of water,  Monitor the standards of sanitation at the construction camp sites,  Develop a waste management procedure (collection, transfer, storage and disposal),  Provide safe abstraction points for construction water.  Watering the road surfaces and diversions at all times during construction,  Devise an information flow system to the communities on unavoidable emissions into the air,  Keep inevitable dusty and/or emissions be kept as short as possible.  Establish a programme for re-vegetation of the road reserve and material sites.  Extend the initiative to the Responsibility, Timeframe The Contractor and the RE, Institute action upon works commencement and maintain throughout the project period. Cost Estimates (KShs.) KShs.200,000 for solid waste collection, storage and final disposal (one central point for each camp site. KShs.200,000 for safe water abstraction platforms). The Contractor and the RE Action throughout the construction period. The Contractor, RE KShs.4,000,000 for watering the road surfaces OR as per the standard bill of quantities BoQs. Top soiling, grassing and catchment interventions approx. Targets to Achieve  Minimal siltation of water bodies, Monitorable Indicators  Physical water quality in adjoining rivers,  Nil effects on physical quality of surface water downstream,  Status of streams, rivers and wetlands in the road corridor,  Centralized collection of solid wastes at camp sites. In accordance with the standard bid document Nil visible particulate matter in the air Reinstate the vegetation cover along the road project to near its original status.  Complaints from the affected communities or the authorities.  Dust level within the route,  Exhaust fumes from construction machineries at batching plants,  Public complaints especially in settled areas and markets. Greenery along the entire route of the road. Attention at 76 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering river Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. 4 5 Environmental Aspect and Sources Sources:  Construction of diversions,  Realignment of road reserve,  Borrow pits and quarries,  Dumping of spoils,  Camp site locations Environmental Pollution:  Soil erosion,  Riverine siltation,  Water pollution,  Visual pollution (dust), Sources:  Leaks from machineries,  Solid waste disposal,  Removal of pollution point sources,  Aerial emissions,  Spoil dumping (land degradation) Land degradation:  Soil loss,  Loss of soil moisture,  Soil quality degradation, Source:  Surface runoff,  Vegetation removal,  Waste dumping,  Top soil stripping,  Temporary road diversions. 7 Health and Safety  Personal injuries,  Communicable diseases,  Accidental falls, Action Plans catchments in collaboration with landowners and general communities. Responsibility, Timeframe Action during construction and before road commissioning.  Institute Standard Operating The Contractor Procedures (SOPs) for the RE. project including machinery servicing and fuelling, waste management, etc., Attention  Integrate soil erosion throughout the control in the construction construction work plans, period.  Isolate point sources of environmental pollution along the route  Implement a land rehabilitation programme for the road reserve and material sites, The Contractor, The RE  Integrate micro-hydrology trends and design check dams necessary soil loss control measures, Continuous attention throughout construction. Cost Estimates (KShs.) KShs.2.5m. OR in accordance with the standard BoQs. KShs.250,000 consultancy fee on SOPs development KShs.1,000,000 for management of hazardous wastes Targets to Achieve Provisions of the standard bid document. Monitorable Indicators and stream crossings. Rehabilitation of all material sites as listed under this report or other sites to be identified.  Water quality at stream crossings, Minimal disruption to physical and biological environmental quality.  Risks to health, public  Wastes emanating from camp sites, workshops and the destinations. Land use trends and productivity. A project concern the See item above 3 Provisions of the standard bid document. wide Specific focus on steep slopes  Agree with material site owners on rehabilitation after extraction.  Disseminate information and awareness (IEC) on Contractor, RE, Public complaints on their safety. 77 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. 8 Environmental Aspect and Sources  Environmental diseases,  Emissions and fumes, Sources:  Cutting of steep side slopes,  Dust and exhaust emissions,  Interaction of workers with the local communities,  Water pollution. Social and Economic:  Loss of land,  Encroachment to water sources,  Economic activities and opportunities in the area  Insecurity,  Public opinion on the project implementation, Sources:  Road re-alignments and expansions,  Construction works,  Employments opportunities,  Materials sites and borrow pits,  Blockade of business centers during construction Action Plans safety, health and conservation to the workers and the communities, Responsibility, Timeframe Throughout construction period  Special attention to sensitizing construction workers against HIV/AIDS in collaboration with relevant organizations.  Undertake ground survey and initiate appropriate compensation process,  Improve the information integration, education and communication to enhance positive public attitude,  Engage IEC person (preferably recruited from the area) to act as the liaison officer, Contractor, The RE Cost Estimates (KShs.) Targets to Achieve (See social and economic below and also item 3 above). Minimal health and safety aspects relating to the road construction activities. Liaison with local leadership, Approx. KShs.3,000,000 on IEC (materials and related dissemination). Throughout construction period OR as may be spelt out in the tender documents. the An acceptable, sustainable and economically viable road with long-term benefits to the welfare of the people. Monitorable Indicators Records on health and safety in this regard. Spoil dumping locations and safety of the affected neighbouring land owners. Trends in socioeconomic dynamics along the entire project road, especially around market centers Attention on major realigned and expanded road sections.  Provide safe view points for road users and economic platforms for the communities,  Provide service roads in all the markets and short access sections along the corridor. 78 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 9.6.2 Road Use and Maintenance Table 18: Item No. 1 EMP Maintenance Anticipated Impacts and Sources Environmental Pollution:  Water quality,  Land quality,  Air pollution,  Solid waste dumping, Sources:  Road surface runoff,  Oils spills on road surface,  Road litter from road users,  Increased vehicular flows, hence vehicular emissions. 2 Health, Safety and Security  Water pollution,  Effects on water flow trends,  Noise and vibrations,  Increased road accidents,  Land slips/slides at sloppy areas,  Security,  HIV/AIDS issues  Livestock crossing areas, Sources:  Contaminated runoff from the road surface,  Increased traffic flow and changes in driving style.  Public crossing locations  Social interactions by transit Action Plans  Provide waste receptacles at social locations along the route, especially at market centers, Responsibility, Timeframe Traffic Police Department and the Local Authorities.  Erect educating information of need for clean road reserve Continuous activities  Invoke necessary legislation to ensure road reserve is identified and respected by all adjoining land owners,  Provide speed bumps and signage at markets and near school, Targets to Achieve Monitorable Indicators Public complaints on the utilization of the roads, The DRE  Integrate pollution control considerations in maintenance of the road,  Focus on all crossings and the effects of the water quality with respect to downstream dependants.  Enhance road safety including signage, information, awareness and good condition of the road, Cost Estimates (KShs.) Cost to be guided by the annual road maintenance budgetary allocation. A road that is compatible with the local environmental conditions and social features. Environmental quality trends (stream water quality, level of siltation, aquatic vegetation and its buffering efficiency.  Public complaints, The DRE, Traffic Police, Riparian landowners and Community Leadership have a role to play. Provided under the road maintenance budgetary allocation. Continuous activity  Provide livestock crossing provisions as appropriate (e.g. underpasses or crossing rumps with speed A high level of safety awareness with respect to the road, and particularly to the children. Low level of road related accidents.  Number of road accidents reported per time,  Status of vehicles on the road,  Encroachments onto road reserve.  Awareness road use 79 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering on and Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Anticipated Impacts and Sources road users and the local residents, Action Plans Responsibility, Timeframe Cost Estimates (KShs.) Targets to Achieve Monitorable Indicators bumps and signage). safety measures  Educate road users and communities on wise and safe use of the road for coexistence. 3 Drainage:  Siltation of culverts,  Siltation of rivers, streams and wetlands,  Effects to Lake Turkana Catchment basin as well as Kerio Valley Catchment basins,  Damming effects upstream of the road,  Soil erosion downstream, Sources:  Catchment soil erosion,  Blockage of culverts,  Degradation of water bodies,  Pollution discharges into rivers and streams,  Outfalls into private land,  Reduced land cover (upstream and downstream.  Consider involving the riparian landowners on maintenance and clearing of culverts and drains near their farms,  Install cascades and check dams minimum effects to the landowners on the lower farms,  Consider adopting the road for Roads 2000 initiatives.  DRE in liaison with riparian landowners,  Roads 2000 initiative (proposed intervention), Evaluation and maintenance review twice a year. Drainage maintenance under annual budget. See item 4 above on IEC Safety of the road and landowners downstream from surface runoff during storm and heavy rain.  Status efficiency drainage facilities, Reduced erosion.  Changes in runoff and loading from catchment, soil and of 80 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) Item No. Anticipated Impacts and Sources 4 Social and Economic Aspects:  Changes in land use and income generating activities,  Security issues,  Enhanced trading opportunities,  Risks to environmental resources,  Socio-cultural interference,  Environmental pollution,  Increased cases of social based diseases (HIV/AIDS) in the area,  Road safety status Sources:  Potential opportunities associated with easy accessibility into the region,  Intrusion by transient residents,  Noise/vibrations and aerial emissions from increased vehicular flow,  Increased number of traffic flow. Action Plans  Sensitize the residents on wise use of the road as a stimulator of social and economic growth,  Relevant bodies to enhance campaign on HIV/AIDS spread,  Community participation in the road maintenance initiatives, Responsibility, Timeframe Cost Estimates (KShs.) Targets to Achieve Monitorable Indicators  Public complaint, The DRE Police traffic department and IEC materials, personnel, logistics, allowances and audits estimated at KShs.1.5m per year.  IEC materials for awareness creation interventions, Strategies to enhance the social and economic benefits of the road to the local communities and the country in general.  Traffic efficiency,  Economic trends over time,  Contribution of the road in enhanced security in the area (especially in the southern end). 81 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering flow Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) CHAPTER TEN: 10.1 CONCLUSIONS AND RECOMMENDATIONS Conclusion Following the above analysis, it can be concluded as follows; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) The proposed upgrading of Chesongoch - Tot road (C52) has support from a majority of the immediate local residents as well as transit road users connecting with the neighbouring districts. It is also confirmed that negative impacts associated with the road will be easily mitigated through implementation of the management plan developed under this report, The existing road carriageway will be adopted to the extent possible unless it is extremely necessary to realign due to speed limits, sensitive habitats, settlement/markets or steep sections, There are possibilities that the road will cause a mushrooming of new settlements and market developments along the route, a situation that calls for a collaborations from the Ministries of Roads, Local Government and Lands on appropriate physical planning, Chesongoch - Tot road (C52) will provide a shorter, convenient and economical road connecting commercial centers in the southern districts (Kericho, Nakuru, Ravine and even Nairobi city) to consumer points in the northern districts (Marakwet, Uasin Gishu, etc.). It will be a choice road compared to the meandering an steep Kabarnet route, There are significant settlements along most sections of the proposed road alignment corridor. Few sections, however, will require realignments and expansions since there is adequate reserve for the road construction and expansion throughout the route, Safety aspects during construction and post commissioning phases of the road project would need attention on sections of the road traversing high population densities and also around material sites. There are possibilities of increased vehicular flows and speeds on improved quality of the road that may lead to increased potential road accidents, Notable aspects touching on health include stagnant water in abandoned quarries and material pits that encourages vector breeding (e.g. mosquitoes) leading to related diseases (malaria). Dust and gaseous emissions into the air with potential bronchial infections and other health problems to the workers, the neighbouring residents and travelers, Social interaction of the construction employees, most of whom are likely to come from other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections. HIV/AIDS control is a major undertaking under the project that should particularly focus on the urban centers along the route in addition to areas of social and economic concentration within the project corridor. Among the activities in this regard should be geared towards advocacy (awareness creation), training and preventive measures. There are notable environmental features along the corridor that require intervention during the construction period as well as the road use. Among these include the many indigenous tree species running parallel to the road, water sources (e.g. Chesongoch, Embok and Embotut Rivers), forested zones (though most have been encroached) and sloppy sections, There is potential for the towns and markets along the road corridor experiencing a high growth magnitude due to the social and economic dynamics of the road use, a situation that may require intervention from the local authorities. 82 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) 10.2 Recommendations The following recommendations have been found appropriate; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) The Contractor should engage an in-house Environmentalist to guide on the implementation of the ESMP and other associated environment and social aspects, The Contractor to undertake environment and social impact assessments on all material sites before commencement of abstractions, The road should be upgraded to bitumen standard to a level usable by heavy load traffic considering it will provide the main transit route from the southern district to the northern region through Keiyo district, All sensitive environments and habitats will be avoided. The markets along the road route should be provided with appropriate service roads while safe bus stops are integrated at strategic locations, Provide appropriate junctions and entrances to institutions and major locations, Provide safety barriers at locations too close to the escarpment edges, Appropriate re-vegetation and grassing would be necessary along the road reserve upon completion of the road construction, Install and maintain adequate road safety furniture and signage. These should also be accompanied by social engineering for the local communities including sensitization and education on wise and safe use of road, The Local Authorities should embark on appropriate physical planning of the towns and markets along the road corridor to facilitate focused growth of the markets in terms of service provisions, land use, etc., In regard to HIV/AIDS, it would be recommended as follows;  Review the activities of the road construction to integrate with the HIV/AIDS campaigns,  Develop appropriate training and awareness materials for information, education and communication (IEC) on HIV/AIDS,  Identify and partner other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for enhanced collaboration,  Develop an intervention strategy compatible with the road construction programme to address success of the HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders,  Integrate monitoring of HIV/AIDS preventive activities as part of the road constriction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs. 83 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) REFERENCES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. 16. 17. 18. 19. 20. 21. EIA Training Resource Manual, Second Edition, and Topic 7: Mitigation for Roads and Highways and Preparation of Impact Management Plan. GOK Kenya Population Census 1999 GOK; Marakwet District Strategic Plan, 2005 – 2010 Government of Kenya; Kenya Integrated Household Budget Survey 2005/6 Government of Kenya; National Development Plan 200-2007 [2002]. http://www.lucideastafrica.org International Environmental and Social Assessment Source Book, 1992 Marakwet District Development Plan (2008 – 2012), Kenya Gazette Supplement No. 56 of 13th June 2003 (The Environmental – Impact Assessment and Audit – Regulations, 2003), Livelihoods Diversification Patterns among Households and their Implications on Poverty and Resource Use: A Case Study from a Kerio River Basin Community Working Paper Series Number: 51 (December 2006) Miyuki Iiyama; Roads 2000: Roads Maintenance Strategy (Strategic Plan July 2004 – June 2008), Selected relevant legal statutes on environmental resources conservation, Standard Bid Document for new construction of roads, Terms of Reference on the Consultancy Services for the provision of Design of Chesongoch – Tot Road (C52) that also include environmental and social impact assessment study The Environmental Management and Coordination Act, (EMCA) 1999, The Population and Economic Census Report, 1999, The Preliminary Engineering Design Report for the project Road The proposed road layout and route map as well as topographic map sheets of the area, The Road Design Manual, Part 1 Geometric design manual, The State of Environment Report, Keiyo District (2005) 84 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEXES 85 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX I: Project Locations Maps 86 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX II: Terms of Reference 87 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX III: Design Concepts Extracts 88 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX IV: Presentation to The Client 89 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX VI: List of Persons Consulted 90 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering Environmental and Social Impact Assessment Study Report Proposed Upgrading of Chesongoch – Tot Road (C52) ANNEX VII: Comments and Suggestions from Stakeholders 91 Kenya National Highways Authority (KeNHA) Consultant: Aquaclean Services Ltd./Trunda Engineering