GAZETTE NOTICE NO. 3688

Pursuant to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Nairobi Bachelors Jevanjee Estate Limited, is proposing the construction of development of apartment's project which is part of the Government's effort to provide low cost housing for its citizens. The project as conceptualized will comprise Government social housing scheme allocated 65% of units and private, low-cost housing units that is allocated 35% of the units. The proposed project will be situated on an 8.87 acre piece of land on plot L.R No. L.R. No. 209/5458 Nairobi with a total of 1,800 units as follows: 12no block of flats, of which 7no are social housing, 4no blocks market type low-cost housing and lno commercial block. Each of these flats will have ground floor and 14no floors high. The design has presented a mixture of one, two and three bedroom units as follows: Social housing will consist of 117 units one-bedroom 585 units two-bedroom and 468 units 3 bedroom, a mix that totals 1,170 representing 65% of the project housing; and private affordable housing will consist of a mixture of 378 units two-bedroom and 252 units three bedrooms. That gives a total of 630 units representing 35% of the project housing. This is tabulated below. The following are the anticipated impacts and proposed mitigation measures: Activity/Impact Proposed Mitigation Measures Statutory requirements • • Seeking approvals and permits from relevant bodies The developer shall ensure that all pertinent permits, certificates and licences have been obtained and maintained in a database prior to any activities commencing on site and are strictly enforced/ adhered to for the construction period. 22nd May, 2020 THE KENYA GAZETTE 1981 ActivitylImpact Proposed Mitigation Measures Vegetation and site • Relocate or reroute any clearance, soil erosion and infrastructure facilities within the sedimentation site. • Adopt selective de-vegetation that aims at clearing only the project site where necessary avoiding unnecessary felling of existing trees. • The developer proposes to carry out landscaping of the area as the project progresses. • Once the project lifespan ends at decommissioning, the proponent then shall restore the land with vegetative cover. All construction machinery shall be maintained and serviced in accordance with manufacturer specifications. Vehicles delivering soil or dusty materials shall be covered to reduce spills and windblown dust. Screening/hoarding of the construction site to contain and arrest construction-related dust. • Dust suppression with water-sprays during construction phase on non- paved areas. • Monitoring and measurement of dust levels at regular intervals during construction phase. Solid wastes removals and • A site waste management plan will disposal be prepared by the contractor prior to commencement of construction works. This should include designation of appropriate waste storage areas, collection and removal schedule and identification of approved disposal site. • The project developer must ensure that collection bins/ receptacles are placed at strategic locations within project site as collection centres to facilitate separation and sorting of various types of wastes for reuse or recycling. • Contract a licensed waste handler to collect solid wastes which cannot be reused at the site. Occupational health and • Nominate an environment, health safety and safety officer to oversee all construction related safety activities during project implementation process. • The developer must observe safe use of chemicals, electricity, plant, machinery and equipment at the site. • The developer must undertake all statutory trainings related to worker safety such as firefighting and first aid. • An emergency response plan incase of fire, accident and injury, trench and wall collapse will be developed prior to start of construction activities. • Provide adequate protective gears to construction workers. Air quality control • [Increase in airborne/ air emissions (vehicular exhausts), paint emissions (Volatile organic • compounds, VOC), and dust emission from paved and non-paved areas.] • Activity/impact Noise and excessive vibrations Proposed Mitigation Measures • Limit the times of construction to daylight hours (8 a.m.-5 p.m.). • Erect signage to prohibit unnecessary hooting at the project site. • Ensure that noise and excessive vibration from construction activities are within permissible levels as per the provision of Environmental Management and Co-ordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. • Carry out baseline noise monitoring within the area before, during and after the construction works. Surface drainage • Ensure that hazardous materials are wastewater, and water handled and stored appropriately, to pollution/ contamination limit their movement into the environment. Hazardous liquids must be bunded. • Stockpile of construction materials i.e. sand, ballast, stones etc. be placed away from drainage system and covered with tarpaulin at all times. • Monitor the natural flow system during heavy rains by making improvements where necessary and monitor drainage at construction material storage areas to prevent effects of soil erosion and surface run-offs. • Clear all soil residues/debris after trenching works. • Install effluent interceptors before final disposal into the sewer system at the vehicle and machine maintenance areas. • Wastewater shall be managed through proper disposal into Nairobi City Water and Sewerage Company Limited's sewer line serving the project area. Water use and increasing • Conduct regular water system demand inspections and audits to identify and rectify any possible water leakages. • Rain water harvesting infrastructure and borehole drilling as additional sources of water will be incorporated to reduce pressure on the existing water source. • Re-use or use recycled water e.g. from the interceptor for dust suppression construction of separate storm water and waste water drain. Implement water saving devices in the ablution block use e.g. dual flush toilets, automatic shut-off taps, etc. Irresponsible social • behavior HIV/AIDS prevalence and drug abuse within the project area The designs have water reservoirs for storage. Conduct sensitization to the staff and community on drug abuse, irresponsible sexual behaviors, HIV and AIDS, stress management, and voluntary counseling and testing. Proposed Mitigation Measures • Avail contraceptive dispensers at the site to the construction staff and the latter occupants. • Identify other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for enhanced collaboration. • Prohibit drug abuse within the project site. • Sensitize construction workers, locals and security on risks related to construction sites and to be on the lookout on suspicious activities near the site. • Proper design incorporating lighting to enhance security. • Liaise with the administration units such as the police and local administration to provide regular surveillance and patrols to protect workers and the neighborhood. • Body and vehicle search workers on entry, to avoid getting weapons on site and upon leaving site, ensure nothing is stolen. • Ensure only authorized personnel get to the premise. • Ensure security management systems are installed. Traffic snarl-up and access • Provide reflective road signs on both to construction site sides of the working area at a distance not less than 50m from the works. • Rehabilitate the access road to accommodate both vehicular and non-vehicular traffic expected in the area. • Developer will develop and implement a traffic management plan to mitigate against possible accidents. Environmental training and • The developer and sub-contractors awareness shall be aware of the environmental requirements and constraints on construction activities. • The developer will be required to provide for the appropriate environmental training and awareness to workers especially held prior to any work commencing on site, with the target audience being all project workers. Increased energy demand • Install meters for monitoring purposes • Use energy saving electricals such as LED-bulbs. • Use solar energy especially during operation phase as per the Solar Water Heating Regulations, 2012. • Sensitize workers and occupants on energy conservation. Increased social conflict • Accommodate the views raised and security during stakeholder meetings. • Post emergency and SOS numbers strategically throughout the project lifecycle. Activity/Impact Security and crime 22nd May, 2020 THE KENYA GAZETTE 1983 Activity/Impact Proposed Mitigation Measures • Encourage formation of community policing and formation of neighborhood associations e.g "nyumba kumi" Contractor demobilization • The site is to be cleared of all construction machinery, materials including litter prior to hand over. • Fences, barriers and demarcations associated with the construction phase must be removed from the site. • All areas designated as hazardous waste/material storage must be remedied before handing over. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (c) County Director of Environment, Nairobi City County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this project. MAMO B. MAMO, Ag. Director-General, MR/0747885 National Environment Management Authority. GAZE, I E NOTICE No. 3689 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED SABOR IRRIGATION FLOOD FLOW- WATER SUPPLY TRANSMISSION AND DISTRIBUTION LINES, UASIN GISHU COUNTY INVITATION OF PUBLIC COMMENTS Activitylimpact Proposed Mitigation Measures • Sprinkle water to work areas to reduce and prevent dust during dry weather periods. • Clean access routes in surrounding area on a daily basis to prevent dust. • Collect and hold cleaning wastes (e.g. rags) in appropriate containers. • Workers who may unavoidably have to work in dusty workplaces should be provided with nose and ear masks to protect them from excessive dust. Noise pollution and • Minimize noise according to excessive vibrations NEMA, Kenyan standards and during construction guidelines. • Control noise and vibration on site; • Work programmes should be provided to local communities (e.g. through the local radio (FM) stations) and strictly followed. • Maintain vehicle and equipment according to manufacturers' specifications. • Install adequate noise prevention devices, e.g. mufflers on noise generating sources. • Switch off engines of vehicles and machinery while not in use. • Workers who may unavoidably have to work with noise generating equipment, e.g. earthmoving equipment should be provided with ear plugs and advised to put them on. Water and soil pollution • No solid waste, fuels or oils should be discharged into surface water bodies. • The contractor following the guidelines for management of materials and wastes during construction and operation should take care of preventing the project from damaging the surface water bodies. Soil erosion contamination Pursuant to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, National Irrigation Board proposed to construct flood flow- water intake, install water transmission/conveyance pipelines, distribution lines, domestic water pans and infield irrigation systems. The project anticipated to cover 175 acres of land and to benefit about 700 farmer households in Tembelio Location, Moiben Constituency in Uasin Gishu County. The following are the anticipated impacts and proposed mitigation measures: Activityllmpact Proposed Mitigation Measures Air pollution due to dust • Maintain vehicle and equipment generation and exhaust according to manufacturers' emissions specifications. • Use standard fuel and lubricants. • Avoid unnecessary car idling and switch off engines of vehicles and machinery while not in use. • Hold and store cleaning wastes in appropriate containers to be disposed of at approved sites. • Vehicles should preferably be parked on paved platforms. • Fuel storages should not leak, and should be periodically monitored, and repaired or replaced when necessary. • Maintain fuel and clean vehicles and equipment at workshops/sites with adequate leakage prevention (e.g. impermeable surface, settlers and oil separator). and • Remove and store topsoil in separate piles and reinstate after refilling of trenches, to enable natural re- vegetation. • The contractor(s) should present procedures for, and ensure implementation of measures to protect soils from any accidental or structural contamination. Raw material use • Sensitize drivers to observe speed limits. • Consider environmental performance of suppliers of raw material in the selection process. • Explore ways of reducing raw material use. Occupational safety • Special emphasis should be made on raw materials that may be reused and/or recycled/recovered. health and • Ensure that work sites (especially excavation works), especially in the night have proper protection with clear marking of safety borders and signals and fence off all dangerous areas. • Carry out training of staff in EH&S monitoring and evaluation. • The contractor should recruit H&S person during construction. • Inform neighbours about the construction programme in advance and adhere to it. • Confine access to restricted work sites (including those with operation mechanical and electric equipment) to persons with permits. • The contractor will ensure clear human resources policy against sexual harassment that is aligned with national law. Activity/Impact Solid waste generation Public health problems • including increased vehicular traffic Proposed Mitigation Measures • Storing all hazardous, sanitary and cleaning wastes in facilities approved by NEMA. • Installing leak-proof fuel storages on concrete platform with gutters and grease separators, which are monitored periodically and repaired or replaced when required. • Strict enforcement and monitoring standard procedures for storing and handling hazardous wastes and raw material (e.g. fuel or chemicals). • Placing strong drums for oil storage on impermeable floors in the stores. • Parking vehicles on paved platforms whenever possible. • Ensuring that sites for cleaning, fueling and maintaining equipment and vehicles should be able to prevent leakage (e.g. paved or with settlers). • Isolating contaminated soil and treating /disposing it off in a way that will depend on the contaminant type. • The contractor should prepare a Solid Waste Management Plan, which should contain — • An inventory of the types and quantities of waste to be produced; • The most appropriate waste management approach for each type of waste including details on (temporary) storage, transport and final destination of the waste. Proposed Mitigation Measures • Restore disturbed natural sites through environmental rehabilitation; restoring top soils and (re-)introduce genetic species similar to those destroyed in order to re- establish the natural local ecology. • Ensure that work sites (especially excavation works), have proper protection with clear marking of safety borders and signals and fence off all dangerous areas. • Inform neighbours about the construction programme in advance and adhere to it. • Confine access to restricted work sites (including those with operation of mechanical and electric equipment) to persons with permits. • Implement appropriate traffic plans with the help of local police when (partial) closure of roads is required. Fill up all depressions to avoid pools of stagnant water may form in pits, holes and excavated ditches which can create suitable habitats for insect disease vectors such as mosquitoes which cause malaria. • Inform local communities about the construction programme in advance; • In case access roads have to be closed, inform local communities and road users in advance. • Use reflective signature to direct traffic to designated areas. • Use flag men/women to give directions to traffic. Activity/Impact Public Safety • An assessment of any opportunities for reducing solid waste generation, in particular of hazardous and undesirable (persistent and non- reusable) types of wastes. • The contractor should maintain records of types, quantities, origin, (temporary) storage, transport and elimination/reuse of solid waste, and make these available to the works supervisor upon his request, as proof of proper waste management practices. • Any waste including excess soil should be disposed of at gazetted sites. The solid waste shall not accumulate on site, to cause odour, fly, or rodent problems. • Excavated soils should be reused as much as possible as filling material and should be contained after excavation. • Provisional material storage on site should be designed and undertaken in such a way as to ensure that soils and underground water are not polluted. • Use licensed recycling companies to externally recycle, recover or dispose of waste. Impacts on flora and fauna • Zone out working areas to reduce ecological destruction. 22nd May, 2020 THE KENYA GAZETTE 1985 and • of and social Disruption of social order • and prevention of HIV/AIDS and other sexually transmitted diseases Proposed Mitigation Measures • The contractor will integrate provisions related to sexual harassment in the employee COC. • The contractors will ensure appointed human resources personnel to manage reports of sexual harassment according to policy. • The contractor will ensure comply to provisions of Work Place Injuries and Benefits Act (WIBA) 2007. • Provide sex-segregated clean toilets for male and female workers. • Undertaking training and capacity building for all workers on use of chemicals. • Provide PPE to all workers using chemicals. Inform local communities about the construction programme in advance and adhere to it. • In case access roads have to be closed, inform local communities in advance. • Clean and maintain access roads in the neighborhood of earth and sand on a daily basis. • Provide temporary access ways with the approval of local authorities where access roads are closed. • Carry out work under mild weather; avoid strong rains or winds. • Reduce obstruction of access to and use and occupation of roads, footpaths and bridges. • Protect any items and/or sites of archaeological or cultural value discovered during works with the aid of the appropriate authorities. • Where livelihoods and property are affected, valuation and prompt compensation be undertaken for the PACs. Sensitize all workers to ensure awareness of and sensitivity to the local cultures, traditions and lifestyles; • Implement the HIV/AIDS impact mitigation plan that will involve providing a comprehensive range of services including the identification of possible HIV/AIDS cases, testing with pre- and post-counselling, the treatment of associated infections, referral of appropriate cases, education to promote better quality of life and promotion of precautions, provision of condoms and the application of HIV/AIDS occupational exposure policies. • Sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS through staff training, awareness campaigns, multimedia and workshops or during community barazas. Activityllmpact Proposed Mitigation Measures • Provide information, education and communication about safe uses of drinking water. • Provide an on-site clinic to provide Voluntary Counselling and Testing (VCT) services to construction crew and provision of Anti-Retroviral (ARVs) for vulnerable community members. • Integrate monitoring of HIV/AIDS preventive activities as part of the construction 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, as well as sexual health and rights. • Ensure safety of women and girls in provision of VCT services. Sexual Exploitation and • Develop and implement and SEA Abuse of Community action plan with an Accountability Members by project and Response Framework as part of workers the C-ESMP. The SEA action plan will follow guidance on the Good International Industry Practice. • The SEA action plan will include how the project will ensure necessary steps are in place for — • Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non- compliance. • Response to SEA: including survivor-centered multi-sectoral referral and assistance to complainants; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level. • Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness- raising in all community engagement activities; IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights. • Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points and trained community liaison officers. Gender Based Violence at • Develop and implement provisions Community Level that ensure that gender-based violence at the community level is not triggered by the Project, including— Activity'Impact Disturbance interruption commercial activities Activityllmpact Proposed Mitigation Measures • effective and on-going community engagement and consultation, particularly with women and girls. • review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; delivery of water supplies; etc. • Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; water services. • Ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. Violence against Children • Develop and implement a Children (VAC) Protection Strategy that will ensures minors are protected against negative impacts associated by the Project. • All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behaviour. • Children under the age of 18 years shall not be hired on site as provided by Child Rights Act (Amendment Bill) 2014. Labour Influx • Preparation of Influx Management Plan by contractor. • Preparation of Labour and Recruitment Plan by contractor. • Preparation of a "code of conduct for workers". This code of conduct will be signed and followed by all workers involved in the project. Visual amenities • Do not pile excavated soil to form high stockpiles for long durations. • Clean up the site upon completion of the work. Reduced water level/flow • Project to harvest/abstract only flood water flow, the intake design to allow for only flood water abstraction. • Monitor the environment and existing abstractions, and use this information to assess how much water is available for people to take from rivers- guided by WRA. • Strictly follow the conditions of the abstraction permit. The full report of the proposed project is available for inspection during working hours at: (d) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (e) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (f) County Director of Environment, Uasin Gishu County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this project. MAMO B. MAMO, Ag. Director-General, MR/0747793 National Environment Management Authority.