GAZETTE NOTICE NO. 11813

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, Kenya National Highways Authority, is proposing to construct Wajir–Kutulo Road covering approximately 119km of single carriageway, two-lane 6.5m wide and bitumen surfaced road with 1.5m shoulders on each side. The designs of the road includes facilities such as lay-bays, bus bays and widening at market centers along the road in Wajir County The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed Mitigation Measures Excessive noise and vibration • Monitor noise levels as per the NEMA Environmental Management and co- ordination (Noise and Excessive Vibration Pollution Control ) Regulations, 2009 and OSHA, 2007. • The noise emission characteristics should be considered during selection and mobilization of construction equipment. • Where feasible, fit equipment with rock mufflers, sound insulations, silencers to lower the levels of noise emission. • Sensitize construction workers to switch off machinery and vehicles when not in use. • Staff on active project site should be provided and encouraged to fit in their personal protective Equipment (PPEs). Impacts Proposed Mitigation Measures • Locate noisy machines like batching plant away from the main work area. Increased soil erosion • Excavated material should be properly piled,sprinkled with water and covered(where possible) to prevent possible wash-out into watercourses. Piling areas should have leveled ground and away from sensitive areas like slopes, water courses. • Material excavation should be minimized and restricted to designated locations. • The contactor should ensure that construction related impacts like erosion and cut slope destabilization should be addressed through landscaping and grassing. • Re-vegetation should be done in tandem with construction activities to avoid exposure of bare ground to agents of soil erosion. • The already degraded areas should be identified in liason with KFS for enrichment planting program with indigenous species. • Enforce landscaping and restoration of the construction site prior to decommissioning on the construction site. Noise • Prepare a decommissioning plan to guide activities. • Monitor noise levels as per the NEMA Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 and OSHA, 2007. • The noise emission characteristics should be considered during selection and mobilization of decommissioning equipment. • Sensitize staff to switch off machinery and vehicles when not in use. Occupational safety and health hazards • Obtain a registration of workplace certificate from DOSHS and comply with the subsequent requirements of the Health and Safety Committee Rules 2004 of the OSHA Act. • Ensure installations for handling energy (petrol station) have been licensed by ERC, accordingly. • Ensure adherence to Health and Safety Policy during construction activities. • Establish an emergency response procedure and display on all work areas. • Establish a comprehensive Health and Safety Program and implement it throughout the construction period. • Establish a Health and Safety Committee for the project team asper the Health and Safety Committee Rules 2004 of the OSHA Act. • Engage a qualified Health and Safety auditor to conduct routine and annual Health and Safety (H&S). • Provide appropriate and adequate Personal Protective Equipment (PPE) to workers. • Abide by standard best practice health and safety provisions in the construction contract. • Establish and enforce a strict code of conduct for all project drivers including outside suppliers delivering materials. The code shall focus on safety, especially speed, and loading, especially banning all carriage of staff, workers and passengers except in seats. THE KENYA GAZETTE 16th November, 2018 4040 4040 Impacts Proposed Mitigation Measures • Provide medical care for all staff as necessary as allowed in the Kenyan Law including securing a worker insurance cover as required under WIBA. • Implement road safety campaigns addressing construction zone dangers and encourage motorists to exercise caution when driving through work zones. • Conduct toolbox and monthly safety meetings. Habitat loss and disturbance • Where practical, locate project features in areas already disturbed or outside of wildlife habitat. Construction activities should be confined on the beaconed corridor and discourage movement or intrusion into wildlife habitats. • Throughout the construction cycle, project staff should be sensitized regularly on nature conservation. • The Contractor policy should discourage unauthorised intrusion or use of the wildlife habitats. • Wasted areas under invasion of Prosopis juliflora or Calotropis procera should be prioritized for batching and other contractor’s facilities over other areas with native vegetation. Cleared invasives should be burned on-site. After decommissioning contractor facilities, native vegetation should be replanted as restoration measures. Accredited sources of seedlings should be used (such as local KFS tree nurseries). • To avoid random off-road driving that leads to trampling of vegetation in sensitive habitats, vehicles should be provided with designated routes. Existing diversions and by-passes should be considered before opening up new ones during construction. Spread of invasive and alien species • Ensure that all equipment required for project operations and maintenance is clean and completely free of plant parts (especially invasive propagules) and mud, before storage or use in new sites. • Borrow sites should be inspected for invasive species. Invaded areas avoided. • Sensitize farmers on invasive alien species, some of which they may improperly handle such as Prosopis juliflora and Calotropis procera. • Vegetation disturbance should be restricted and selective, only where necessary. • Restrict vegetation clearing to project sites by clear demarcation of areas to be used. • Areas along the project road invaded by Prosopis juliflora and Calotropis procera should have all cuttings or clearing burnt on site than disposed into un-invaded areas. Soil should also not be transferred from those areas into other areas of the project road. • Uproot any invasive/exotic plants and burn on site after construction. • Re-vegetate bare surfaces with native species as soon as possible, in order to avoid colonization by opportunistic and invasive species. Monitor in liaison with KFS re- vegetated sites to ensure survival of the seedlings. Impacts Proposed Mitigation Measures Vegetation loss • The vegetation occurring within the design road chainage will be lost during construction including the Kenyan endemics (Acacia firozei and A. kenyensis) at Wargadud and Kutulo. In these areas, the design road should be realigned with the existing road as a strategy to conserve the natural occurrence of the Acacia species. • Thickets and bush shrubs should be preserved wherever possible through selective clearing, especially along the riverine. Increased human- wildlife conflicts • KWS should monitor wildlife distribution and movement in relation to the project during construction and subsequent stages to advise accordingly. • Liaison with KWS on handling dangerous wildlife like snakes, wild carnivores. Contractor should liaise with KWS to capture reptiles (especially snakes) hiding under rocks and sheltered terrains and safely release them in suitable habitats. • Sensitize staff on wildlife encounters and discourage animal persecution or provocation. • Sensitize construction staff against wildlife poaching and enforce strict code of conduct (especially prohibit wildlife poaching/unreasonable persecution). Any cases on wildlife poaching should be forwarded to KWS for further action. Spread of HIV/AIDS and Other Sexually Transmitted Diseases (STDs) • Sensitize workers on the need to refrain from risky behaviors. • KeNHA/Contractor should provide awareness training to staff and the locals. • Provision of condoms both male and female in the sanitary facilities. • The unskilled workers to be recruited should be residents of the project area and its immediate neighborhood. • Skilled workers should be dropped and picked to and from the site (i.e. Avoid putting up workers camps) where possible. • The contractor should liaise with organizations addressing HIV/AIDS issues at the project area to provide protective measures and awareness programs to workers. • All construction workers must sign a strict code of conduct that respects the local culture including that of indigenous peoples while balancing with universal human rights. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (b) Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi. (c) County Director of Environment, Wajir 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 of the plan. GEOFFREY WAHUNGU, Director-General, MR/5555038 National Environment Management Authority. 16th November, 2018 THE KENYA GAZETTE