GAZETTE NOTICE NO. 1272

DRAFT REPORT FOR THE STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) FOR THE LAPSSET CORRIDOR INFRASTRUCTURE DEVELOPMENT PROJECT, KENYA INVITATION OF PUBLIC COMMENTS IN LIGHT of the provisions of section 57 A of the Environment Management and Co-ordination Act (EMCA) (Cap. 387), regulation 42 and 43 of Environmental (Impact Assessment and Audit) Regulations (Legal Notice No. 101 of 2003), the National Environmental Management Authority (NEMA) has received a Draft SEA Report for the Strategic Environmental Assessment (SEA) for the LAPSSET Corridor Infrastructure Development Project (LCIDP), Kenya. The SEA findings and recommendations are also expected to be integrated into the existing sectoral Policies, Plans and Programs (PPPs) of the infrastructure sector in the country in the context of sustainable development. The LAPSSET Corridor Development Authority-LCDA is the PPP owner. The LAPSSET SEA Report is an Infrastructure Corridor Project conceived to improve access and connectivity between Kenya, Southern Sudan and Ethiopia and eventually forming a land bridge across the entire Great Lakes region from Eastern Coast of Africa (Lamu) to Western Coast (Douala) Cameroon. In line with such economic transformation goals, specific objectives of the SEA for LAPSSET have been identified as follows— (a) to identify key strategic resources and linkages between environmental protection and economic growth in areas to be influenced by LCIDP; (b) to assess likely significant effects of LCIDP development on such resources; (c) to formulate a set of measures to address these priority concerns and to take advantage of opportunities that will emerge from LCIDP, considering institutional and financial conditions needed for implementing such proposal; and (d) to recommend mechanisms for reducing environmental and social costs associated with achievement of the economic goals of LCIDP including measures that will enable future adjustments to maintain and promote sustainable and equitable growth in response to anticipated development of the LCIDP inclusive of the Economic Corridor. The key existing concerns/potential impacts, policy gaps and key recommendations are highlighted below: Concern Level of Mitigation Proposed Mitigation Responsibility for Mitigation Observed prevalence of very high levels of poverty and inequality within Counties traversed by LAPSSET on account of vulnerability to drought Policy GoK to continue with affirmative action as charted out in the Vision 2030 Strategy Paper for Northern Kenya, National Policy for the Sustainable Development of Northern Kenya and other Arid Lands-Releasing Our Full Potential, alongside implementation of other strategies, LAPSSET included. GoK, all stakeholders. Appreciate ASAL degradation as a growing national disaster. All. Policy level The State Department of Livestock Production to fast track release of the Draft National Land Use Policy. State Department of Livestock Production. Provide legal framework for grazing land management control to peg stocking levels to carrying capacity. County governments/ National Government. Statutory requirement for approved land management plans (similar to EIA) for all land parcels which will be subjected to statutory annual audit. State Department for Livestock production / County governments. County Assemblies can gazette regulations for grazing land management aimed at curbing over stocking. County governments and County Assemblies. Legal recourse in case of default in land conservation. County governments. Legislative level Legal incentive for individuals to invest in conservation of communally owned land. NLC. County governments to guide implementation of Grazing Land Management Plans through: • Awareness creation. • Issuance of guidelines for Land Management Planning. • Technical Assistance in Site suitability matching. • Enforcement of carrying capacity. • Restocking programme to rebuild pastoral resilience. All County governments. LCDA to mainstream pastoral production into LAPSSET LCDA. Observed accelerated degradation (soil erosion) of pastoral grazing lands Strategic level LCDA to forge closer collaboration with County LCDA. Concern Level of Mitigation Proposed Mitigation Responsibility for Mitigation Governments. Policy intervention to provide for development control and zoning along LCIDP traverse. State Department of Physical Planning. Policy level Clear identification of pastoral grazing territories inclusive of dry season and wet season grazing and watering grounds. County governments. Legislative level Legal framework to allow for protection of pastoral grazing resources. Strategic level Development control in the LCIDP Traverse as part of the County Spatial Plans. County governments to legislate rules through County Assemblies. Marginalization of pastoralists through LCIDP-driven realignment in land-use LCDA level Develop working mechanism with respective county governments. LCDA. LAPSSET to adopt policy of developing fishing industry at Lamu. National government/ LCDA. LCDA to fast-track development of proposed Fishing Port within the Lamu Port Complex to create a stable market for the local fishing industry. National Government /LCDA, Lamu County Government. LCDA to facilitate capacity building for exploitation of Exclusive Economic Zone by local fishermen. National Government /LCDA/ Lamu County Government and Kenya Ports Authority. Possible marginalization of fishing based livelihoods at Lamu Strategic level Provision of secure navigation passage (e.g. ferry service) in the Faza waterway. National Government /LCDA/ Lamu County Government. Possible over exploitation of Lake Turkana Fisheries Strategic level Capacity building for commercial fishing at Lake Turkana. National Government/Turkana County Government. Peg any new investment to available water by enforcing articles 12 and 20 of the Water Act, 2016. WRMA and Ewaso Ngiro North Development Authority. Legal action to release water upstream for downstream users through enforcement of articles 12 and 20 of Water Act, 2016. WRMA. Legal protection of agricultural catchments through enforcement of articles 22, 27 and 28 of the Water Act, 2016. WRMA. Legal enforcement of rainwater harvesting: Article 32 of the Water Act, 2016. Proposed Water Harvesting Authority (WHA) / WRMA. Reported drying of the Ewaso Ngiro North River Strategic level NWMP 2030 should be subjected to a SEA process to allow for public scrutiny of all proposals. WRMA. Potential for LAPSSET to induce increased water demand to the detriment of pastoralists, wildlife, nature and other users Legislative level Peg any new investment to available water by enforcing articles 12 and 20 of Water Act, 2016. Ecological costs of reduced delivery of flood waters to Lorian Swamp as a result of flood harnessing works Flood modelling at Lorian swamp to precede all dam design to determine contribution from other sources and ensure that enough floods are available to recharge both the swamp and aquifer. WRMA/ENNDA. Hydrological costs of reduced delivery of flood waters to Merti Aquifer as a result of flood harnessing works Reservoir design to allow for release of both floods and Q80 ensure continued flow to support downstream processes. WRMA. Threat of reservoir siltation and associated imbalance in water supply Dam development to be preceded by intensive catchment conservation and legal protection of agricultural catchments through enforcement of articles 22, 27 and 28 of the Water Act, 2016. WRMA/ ENNDA/County Governments. Possible drawdown on aquifers Strategic level Enforce articles 10,12, 20,21, 23, 28 of the Water Act, 2016 to ensure that withdrawal does not exceed recharge potential. WRMA. Appreciate wildlife loss as a national disaster. All stakeholders. Observed trend of severe decline in wildlife population in Kenya Policy level Review policy strategies in wildlife management to:- KWS. 10th March, 2017 THE KENYA GAZETTE Concern Level of Mitigation Proposed Mitigation Responsibility for Mitigation Allow for land owners to benefit from wildlife conservation. KWS. Review land policy to allow for flexibility in wildlife movement. NLC. Legal incentive to invest in wildlife conservation Provide for wildlife cropping and trophy hunting under licence. KWS Legislative level E Zoning of land to identify and secure game migratory corridors ensure pastoral resources are protected in the national and County Spatial Plans. County governments/KWS. LCDA level LCDA to initiate discussion at appropriate levels of GOK based on the validated SEA Report. LCDA. Zoning of land to isolate and gazette game migratory corridors within traverse. National Government/ County governments. Ensure that game migratory routes enjoy legal recognition. KWS. Adopt phased approach to minimize environmental and socio-economic shocks in port and corridor development. LCDA. Realign LCIDP between Hindi and Benane to maintain at least 10 Km buffer with Arawale and Rahole National Reserves to avoid habitat fragmentation. National Government/ KWS/LCDA. Potential fragmentation of wildlife habitat by the LAPSSET induced development Strategic level Realign LCIDP to avoid game migratory corridors in the Waso Ecosystem by: • Rerouting corridor to Archer’s Post from Kula Mawe and locate main Dry Port, Oil Storage etc at Kula Mawe and Archer’s Post. • Relocating Resort City from Kipsing to West Gate, Kalama or Kinna areas. • Disaggregating Corridor to avoid road traverse through Kipsing and Laikipia in favour of Samburu. KWS/LCDA/County governments. Potential for LAPSSET to escalate conflict Operating level Conflict hotpots have been mapped as part of this SEA Study. LCDA to pursue partiality in distributing opportunities associated with the LCIDP. National Government/LCIDP/ LCDA/ County governments and other Stakeholders. Potential loss of cultural heritage Operating level Lamu Island has been zoned out for exclusion from LAPSSET. Respective County Governments and NMK to zone out all cultural resources that require preservation. National Government/County governments/ NMK/ LCDA. The full Draft Strategic Environmental Assessment for the LAPSSET Corridor Infrastructure Development Project, Kenya is available for inspection during working hours at: (a) Cabinet Secretary, Ministry of Environment and Mineral Resources, 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, Lamu County. (d) County Director of Environment, Garissa County. (e) County Director of Environment, Meru County. (f) County Director of Environment, Isiolo County. (g) County Director of Environment, Laikipia County. (h) County Director of Environment, Samburu County. (i) County Director of Environment, Marsabit County. (j) County Director of Environment, Baringo County. (k) County Director of Environment, Turkana County. A copy of the Draft SEA report can be downloaded from www.nema.go.ke (SEA/037). 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 SEA. Comments can also be emailed to dgnema.go.ke GEOFFREY WAHUNGU, Director-General, MR/3034085 National Environment Management Authority.