GAZETTE NOTICE NO. 6952

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, Momnai Energy Limited proposes to install a 5MWac Solar PV Power Plant facility in Athi River Location, Mavoko Sub-county, Machakos County. The proposed power plant is going to generate 5MWac of solar power that will be evacuated through a 1.7km long TL to an existing substation within the Nairobi Grinding Plant, Athi River and will be solely used by Bamburi Cement PLC. The Plant will be composed of a total of 7,938 solar PV modules covering an area of 35,457m2 (approx. 3.55 Ha). It will make use 50 inverters that will convert the DC current to AC. The TL infrastructure will be composed of powerline poles, cables and accessories. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Hazardous waste on site • Carry out a risk assessment of the waste. • Develop a Hazardous Waste Management Plan. • Remove hazardous waste from site by a NEMA registered firm for hazardous waste disposal. Change in land use • Construction activities should be restricted to the project footprint. • Restoration of the land to original stage after project life cycle. Loss of trees and vegetation • Tree planting activities should be enhanced in affected areas without interfering with the Solar Plant. • Only cut down tree that must be cut. Solid waste generation • Identify and pave waste collection points. • Engage a NEMA approved was disposal firm for waste management. • Contractor to prepare a detailed waste management plant for the management of solid waste at the site. • Provision of waste bins on site. Labour influx into the project area • The contractor to develop and implement a Labour Influx Management Plan and Workers’ Camp and Accommodation Management Plans as part of C-ESMP; and Possible Impacts Mitigation Measures • Monitor all mitigation measures, including codes of conduct signed by all with physical presence on site, prioritization of local recruitment, induction of workers on GBV- SEA/SH, GRM for staff., avoid child and forced labour and enforce sub-contractor compliance of the same. Occupational health and safety • Provide condoms. • Contractor to prepare a detailed Occupational Safety and Health Management Plan (OSHMP) that will provide all the required health and safety measures needed for the project activities. • Workers to be provided with appropriate PPE. • All workers to undergo health and safety induction before embarking on any work. • Contractor to provide for regular toolbox talks on environmental protection and safety. • Provide adequate and appropriately stocked First Aid kits for site workers. Community health and safety • Make protective measures like condoms available. • Contractor to prepare a detailed Community Safety and Health Management Plan (OSHMP) that will provide all the required health and safety measures needed for the project activities. • Community to be sensitized on safety issues induction before embarking on any work. Impacts on soil • Store hazardous chemicals on paved surfaces with containment. • Use well maintained vehicles and machinery that do not leak oils or hydraulic fluids. • Carry out soil analysis to establish status. Impacts on surface water • Design and construct drainage systems within the facility so that storm water generated during construction does not end up on channels leading to streams or rivers within the project area. • Monitor the quality of water at the nearest borehole/stream during the construction phase and record any changes in water quality. • Carry out water analysis to establish status. Excess noise from vehicles and machinery • Instruct drivers to reduce speed of vehicles and minimize raving of engines. • Drivers to minimise unnecessary hooting. • Provide workers with ear muffs. • Service vehicles and machinery regularly. • Effect regular noise level monitoring. Exhaust emissions • Service vehicle and machinery regularly. • Provide workers with nose masks to guard against inhalation of exhaust gases. • Carry out regular maintenance of vehicles and machinery. • Carry out Air Quality Monitoring. 17th June, 2022 THE KENYA GAZETTE Possible Impacts Mitigation Measures Hazardous material spillage (hydraulic fluids, engine oils and ither chemicals) • Store hazardous materials in a secured area for proper management. • Provide the storage area with a paved surface with containment. • Maintain a chain of custody form for each hazardous material for accountability. Social vices GBV, VAC and SEA • Contractor to develop and implement a GBV- SEA (Sexual Exploitation and Abuse and workplace Sexual Harassment (SH) Management Plan, (including plans for prevention, response and GRM). • Contractor to ensure that a code of conduct is developed and signed by all with physical presence on site. • Contractor to train and create awareness to local communities and workers on GBV. • Contractor to ensure that the project GRM provides confidential reporting, safe and ethical documenting of GBV cases. Contractor to ensure that the project does not trigger or exacerbate other forms of GBV at the community level by reviewing specific project components that are known to heighten the GBV risk, and ensure effective and on-going community engagement and consultation, particularly with women and girls, among others. • Contractor can refer to the World Bank’s Good Practice Note for Addressing Gender- Based Violence in Investment Project Financing involving Major Civil Works (Sept 2018) for further guidance. • Establish sensitization initiatives /programs targeting locals e.g. on HIV/AIDS prevention. • Establish a grievance redress mechanism (GRM) for the project and to ensure effective management of emerging issues. • Mainstream issues of gender, persons with disability into the overall project framework. • Prioritise employment of local labour where possible. Potential traffic accident risk (site borders a major road) • All drivers to be thoroughly inducted on driving safely when entering and exiting the site. • Contractor to provide traffic marshals at the entrance to the site. Impacts on ecology • Prepare a Biodiversity Management Plan. • Use existing roads for transportation of materials and constriction activities. • Plant nurseries of the key species should be established for restoration in other areas to avoid complete loss of rare species. • Control of invasive species should be done promptly to avoid their population explosions which in turn destabilize the growth of indigenous species. • Vehicles and machinery entering the project site should be subjected to one off cleaning upon arrival to avoid introducing invasive species from other regions. Upon completion of work they should also be cleaned again so that they don’t spread such species elsewhere. Possible Impacts Mitigation Measures • Unnecessary soil and vegetation disturbance should be avoided. • An invasive species management programme should be developed by Bamburi’s Lafarge Ecosystems experts for monitoring and control of the species. • Waste disposal bins with secure lids should be provided at the site. • Construction waste should be sorted and properly stored before proper disposal. • Restore other areas in Bamburi where mining of cement construction materials has been decommissioned to help compensate for lost habitat to mammals. • Clear vegetation from north to south sequentially in order to allow rodents etc to gradually migrate towards the nearby existing areas that are not active. • Mount solar panels on raised pile, allowing room for vegetation growth below the panels. • Where overhead transmission lines are used, attach bird flight diverters (typically flappers, balls or spirals) to transmission grounding wires to increase their visibility. • Reptiles and amphibians are expected to move between habitats. The fence type should include under-passes that allow movement of crawling animals. • Design for the project to consider including buffer zones between solar panel arrays. • Mount solar above ground on post support spikes, rather than heavy foundations, maintaining habitats for both below and above-ground invertebrates. • Use of white boarder or grids to break the polarized solar panel surfaces in order to reduce water invertebrate egg laying behaviours. • Use of anti-reflective coatings (ARCs) to reduce the amount of polarized light pollution that they reflect, and hence their attractiveness to insects. • Ensuring there is a good drainage system to avoid collection of water that may cause invertebrate assemblages. Covid 19 • Provide facemasks to workers and a bin for temporary facemasks disposal on site. • The bin should be emptied and disposed as infectious hazardous waste according to NEMA guidelines on Covid-19 waste disposal. • Hand wash facility with clean water should be provided. • Ensure all workers undergo mandatory temperature test every morning. • Ensure that conveniently accessible, clean, orderly, adequate and suitable sanitary facilities are provided and maintained within the site. • Ensure employees keep distance when working. • Anybody with flu like symptoms should be taken for further management at the clinic or dispensary. 3504 3504 Possible Impacts Mitigation Measures • There should be strict observance of social distancing during transportation to work site. Grievances redress mechanism • Contractor to develop an effective project GRM to ensure every grievance is registered, documented, fully addressed and closed out. GRM to ascertain anonymity and confidentiality ascertain anonymity and confidentiality. Spread of communicable diseases, hiv/ aids and other sexually transmitted diseases • Contractor to develop and implement a STD/HIV/AIDS awareness plan on prevention and mitigation. • Sensitise workers and community on communicable diseases. Solid waste • Ensuring efficient solid waste management. • Provision of waste bins with secure lids. Storm drainage water at the site • The proponent to ensure there is adequate means for handling storm water to be collected from the solar arrays. • A well-planned drainage system that will allow growth of for diverting storm water runoff. Occupational health and safety of workers • Workers to be provided with appropriate PPE including: • Anti-glare glasses; and • Harnesses for working at heights. Solid waste management • Provision of waste handling bins. • Appropriate Segregation of waste for proper disposal and reuse of other materials. • Involvement of a NEMA registered firm for hazardous materials. Fugitive dust management • Dust suppression by use of water. • Instructing excavator machine operators to maintain low speeds. • Monitor air quality on a regular basis. • Provide workers with dust masks. Exhaust emissions • Service vehicle and machinery regularly. • Provide workers with nose masks to guard against inhalation of exhaust gases. • Carry out regular maintenance of vehicles and machinery. Excess noise from vehicles and machinery • Instruct drivers to reduce speed of vehicles and minimize raving of engines. • Minimise hooting unnecessarily. • Provide workers with ear muffs. • Service vehicles and machinery regularly. Restoration of site • Site revegetation through planting of indigenous trees. 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, 12th Floor, Ragati Road, Upper Hill, 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, Machakos County. A copy of the report can be downloaded at www.nema.go.ke 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. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/3850816 National Environment Management.