GAZETTE NOTICE NO. 6238

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, Athi Water Works Development Agency proposes to construct a sewerage treatment plant that consists of laying of 12.1 km double wall corrugated HDPE pipes (sizes 200mm to 300mm), construction of 10 No. of waste stabilization ponds (2No. anaerobic ponds, 2No. facultative ponds and 6No. maturation ponds) designed to treat 1,770m3 per day, inlet works, associated facilities and amenities in Kangari Town, Murang’a County. The following are the anticipated impacts and proposed mitigation measures: Impacts Mitigation Measures Vegetation clearing • Compensatory planting of trees. • Vegetation should only be cleared along the Project corridor and where it will interfere with Project construction and/or present hazards. • The local community should be given a chance to harvest the targeted vegetation if they so wish. • Areas to be cleared should be agreed and demarcated before the start of the clearing operations to minimize exposure. • Also, stage vegetation clearance is recommended. Air quality pollution • Maintain construction equipment at high operational conditions such as to control emissions into the air. • Notify the immediate neighborhoods on the potential odors during the excavations. • Use of sprinklers to regularly water construction site, this suppresses the dust menace at construction sites. • People working in the sites with dust emissions to use dust masks to prevent respiratory infections. Excessive vibration and noise pollution • Avoid night time construction when noise is loudest. • Conduct periodic noise measuring and monitoring to determine levels and extent of harmful noise. • Clearly label the high noise areas. • Provide personal protective equipment (PPE) to persons operating within or visit identified high noise areas. • Sensitize truck drivers to avoid hooting especially when passing through sensitive areas such as churches, residential areas and hospitals. Impact on soil resources • Earthworks should be controlled so that land that is not required for the Project works is not disturbed. 2136 2136 Impacts Mitigation Measures • Wherever possible, earthworks should be carried out during the dry season to prevent soil from being washed away by the rain. • Excavated materials and excess earth should be areas cleared for improving sight distance should be planted with grass to reduce erosion. Impact on water resources • No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent Karuchu Stream shall be permitted. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site where applicable. • The contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to Karuchu Stream. • Site compounds and stockpiles will be located away from Karuchu Stream. Solid waste management • Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site. • The contractor shall ensure that the placement of spoil is done in such a manner to minimize the spread of materials and the impact on surrounding vegetation and that no materials‘ creep’ into‘ no-go ’areas. Land take • Undertake a Resettlement Action Plan, which will act as guide for the compensation activities. Labor influx impacts • Effective community engagement and strong grievance mechanisms on matters related to labor. • Effective contractual obligations for the contractor to adhere to the mitigation of risks against labor influx, the contractor should engage a local community liaison person as provided for in Chapter 6. • Proper records of labour force on site while avoiding child and forced labor. • Comply to provisions of the WIBA, 2007. Human right and gender inclusivity • Mainstream Gender Inclusivity in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 Gender Rule. • The existing community structures headed by location chiefs should be involved in local labour hire, emphasize the requirement of hiring women, youth and people with disability. • Protecting Human Risk Areas Associated with, Disadvantaged Groups, Interfering with Participation Rights and interfering with Labour Rights. Child protection • The contractor will develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the Project including Sexual Exploitation and Abuse (SEA). • All staff of the contractor must sign, committing themselves towards protecting Impacts Mitigation Measures children, which clearly defines what is and is not acceptable behaviour. • Children under the age of 18 years should not be hired on site as provided by Child Rights Act (Amendment Bill), 2014. • Comply with all relevant local legislation, including labor laws in relation to child labor specifically provisions of Kenya’s Employment Act Cap. 226 of 2007 Part VII on protection of children against exploitation. Increase in transmission of HIV /AIDS • Sensitize workers and the surrounding communities on awareness, prevention and management of HIV/AIDS and sexual health and rights through staff training, awareness campaigns, multimedia and workshops or during community Barazas. • Use existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members. • Ensure safety of women and girls in provision of VCT services. Health impact – spread of Covid -19 • The contractors will develop SOPs for managing the spread of Covid-19 during project execution and submit them for the approval of the Supervision Engineer and the client before mobilizing to site. The SOPs shall be in line with the AfDB guidance on COVID-19, Ministry of Health Directives and Site-Specific Project conditions. • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs. • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc. • Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. Traffic impacts • The contractor shall develop a traffic management plan. • The contractor should provide temporary road signs or notices to indicate ongoing works. • The contractor together with the Resident Engineer Should Plan itineraries for site traffic on a daily basis and avoid peak traffic periods. • The contractor should effect traffic controls and cleanliness to avoid congestion and truck accidents on roads. • Designates loading/unloading areas. Sexual exploitation and abuse (SEA) • Develop and implement a SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the AfDB Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (September 2018). • The SEA action plan will include how the project will ensure necessary steps are in 12th May, 2023 THE KENYA GAZETTE Impacts Mitigation Measures place for: Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non-compliance; project- level IEC materials. Occupational health and safety • Notify public the intent to cut sections of the road for safety precautions. • Provide signage and safety information in all work areas. • Ensure compliance by workers with safety safeguards including the OHS, provision of safety gear and enforcement of application. • Provide onsite first aid kit accessible by the workers in need. • Install barriers along walkways, crossings and public places affected by the works for public safety. • Where there is potential for nuisance from dust generation, ensure earth moving is under dump conditions (consider watering where necessary). • Inform immediate communities or stakeholders of the activities. 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, Murang’a 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/5164545 National Environment Management.