SFG1405 V19 REPUBLIC OF KENYA MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT ENVIRONMENTAL AND SOCIAL ASSESSMENT PROJECT REPORT (ESIA) PROPOSED CONSTRUCTION OF GITHURAI RAILWAY STATION Project Ref No.EHS-5240-522708-03 August 23, 2017 Githurai Railway Station Draft ESIA Report Version: Final CERTIFICATION SGS Kenya Limited was commissioned by the Ministry of Transport, Infrastructure, housing and Urban Development to undertake Environmental and Social Impact Assessment for the proposed construction of Githurai Railway Station in Kiambu County. The Report has been written in accordance with the Environmental Management and Coordination Act no. 8 of 1999 and The Environmental (Impact Assessment and Audit) Regulations, 2003 for submission to the National Environmental Management Authority (NEMA). SGS Kenya Limited submits this Environmental and Social Impact Assessment Report, to NEMA Kenya. To the best of our knowledge, all the information in this report is true and correct. Proponent: Ministry of Transport, Infrastructure, Housing and Urban Development Eng. John Ndirangu Maina Project Coordinator Name of Officer Designation ………………………………. ……………………………… Signature / Official Stamp Date Submitted by: Firm of Experts: SGS Kenya Limited Reg. No. 0280 ………………………………. Official Stamp Approved by: ………………………………….. ………………………………….. Signature Date Mr. Philip Abuor: Environmental Services Manager EIA/EA Lead Expert NAMSIP Page ii of 141 Githurai Railway Station Draft ESIA Report Version: Final ACRONYMS AND ABBREVIATIONS BRT: Bus Rapid Transit CAD: Computer Aided Design CBD: Central Business District DoNMED: Directorate of Nairobi Metropolitan Development CRS: Commuter Railway Station CRMP: Commuter Railway Master Plan EA: Environmental Assessment ESIA: Environmental and Social Impact Assessment Report IBRD: International Bank for Reconstruction and Development GIS: Geographic Information System IDA: International Development Association IR: Inception Report IUC: Intermodal Urban Centralities ILUT: Interdisciplinary Land-Use and Transport Metropolitan Analysis within the Nairobi Metropolitan Region KRC: Kenya Railways Corporation KSH: Kenya Shilling LRTS: Light Rail Transit System MTIHUD: Ministry of Lands, Housing and Urban Development MRTS: Mass Rapid Transit System/ Mass Rapid Transit Study MRT: Mass Rapid Transit NaMSIP: Nairobi Metropolitan Services Improvement Project NIUPLAN: Nairobi Integrated Urban Development Master Plan for the City of Nairobi NMR: Nairobi Metropolitan Region PAP: Project Affected Persons QW: Quick Win Infrastructure Improvement SDGs: Sustainable Development Goals SH Super Highway TOD: Transit Oriented Development NAMSIP Page iii of 141 Githurai Railway Station Draft ESIA Report Version: Final TABLE OF CONTENTS CERTIFICATION ......................................................................................................................................... II ACRONYMS AND ABBREVIATIONS .......................................................................................................... III TABLE OF CONTENTS ............................................................................................................................... IV LIST OF ANNEXES .................................................................................................................................... IX LIST OF TABLES ........................................................................................................................................ IX LIST OF FIGURES ....................................................................................................................................... X EXECUTIVE SUMMARY ............................................................................................................................ XI CHAPTER ONE ........................................................................................................................................ 18 1 INTRODUCTION ............................................................................................................................. 18 1.1 PROJECT BACKGROUND .........................................................................................................................18 1.2 PROPOSED PROJECT LOCATION ...............................................................................................................19 1.3 THE ESIA REPORT .............................................................................................................................21 1.3.1 Terms of Reference (TOR) for the ESIA Process .....................................................................21 1.3.2 Scope and Objectives of the ESIA Study .................................................................................22 1.3.3 Objectives of the ESIA ............................................................................................................22 1.4 ESIA APPROACH AND METHODOLOGY .....................................................................................................22 1.4.1 Approach ...............................................................................................................................23 1.4.2 Environmental Screening .......................................................................................................23 1.4.3 Environmental Scoping ..........................................................................................................24 1.4.4 Documentary Review .............................................................................................................24 1.4.5 Site Assessment .....................................................................................................................25 1.4.6 Detailed ESIA Report Activities ..............................................................................................25 1.4.7 Consultation and Interviews ..................................................................................................26 1.4.8 Impact Assessment and Mitigation Measures.......................................................................26 1.4.9 Methods of data collection ....................................................................................................27 1.4.10 Site Assessment and observation......................................................................................27 1.4.11 Photography .....................................................................................................................27 1.4.12 Secondary data .................................................................................................................27 1.4.13 Discussions and Consultations ..........................................................................................28 1.4.14 Interviews..........................................................................................................................28 1.4.15 Presentation of the report ................................................................................................28 NAMSIP Page iv of 141 Githurai Railway Station Draft ESIA Report Version: Final 1.4.16 ESIA Study Team ...............................................................................................................29 CHAPTER TWO ....................................................................................................................................... 30 2 DESCRIPTION OF THE PROPOSED PROJECT.................................................................................... 30 2.1 INTRODUCTION ...............................................................................................................................30 2.2 PROJECT BACKGROUND .......................................................................................................................30 2.3 PROPOSED PROJECT DESCRIPTION ........................................................................................................31 2.4 APPROACH TO INTERMODAL FACILITIES DESIGN – GITHURAI COMMUTER RAIL STATION ....................................34 2.5 OPERATIONAL LAYOUT OF INTERMODAL FACILITIES – GITHURAI COMMUTER RAIL STATION ARCHITECTURAL PROGRAM .................................................................................................................................................... 35 2.6 IMPLEMENTATION PHASES FOR INTERMODAL FACILITIES ..............................................................................36 2.7 MODULE FUNCTION AND SPECIFICATIONS .................................................................................................36 2.8 CONSTRUCTION MATERIALS ...................................................................................................................37 2.9 STANDARD COMPONENTS......................................................................................................................38 2.9.1 Administrative module ..........................................................................................................38 2.9.2 Platform .................................................................................................................................38 2.9.3 Paid toilets .............................................................................................................................38 2.9.4 Ticketing booth, turnstiles rack and automatic selling points ...............................................39 2.9.5 Security gate and police office ...............................................................................................39 2.9.6 Police office............................................................................................................................39 2.9.7 Fencing and lighting ..............................................................................................................39 2.10 PROJECT JUSTIFICATION .............................................................................................................39 2.11 CONSTRUCTION PERIOD .............................................................................................................40 2.12 PROJECT COST ............................................................................................................................40 CHAPTER THREE ..................................................................................................................................... 41 3 POLICY, LEGAL AND ADMINISTRATIVE POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ........ 41 3.1 GOVERNMENT OF KENYA POLICY FRAMEWORK ..........................................................................................41 3.1.1 The Constitution of Kenya 2010 .............................................................................................41 3.1.2 The Urban Areas and Cities Act 2011 ....................................................................................43 3.1.3 The County Government Act 2012 .........................................................................................45 3.1.5 The Kenya Vision 2030 ...........................................................................................................45 3.1.6 Nairobi metro 2030 ...............................................................................................................47 3.1.7 The Sustainable Development Goals .....................................................................................47 3.2 LEGAL AND REGULATORY FRAMEWORK FOR ENVIRONMENT .........................................................................49 NAMSIP Page v of 141 Githurai Railway Station Draft ESIA Report Version: Final 3.2.1 Sessional Paper No 1 of 1996 on Environment and Development .........................................49 3.2.2 National Environment Action Plan ........................................................................................50 3.2.3 Sessional Paper No 6 of 1999 ................................................................................................51 3.2.4 The Environment Management and Coordination Act No 8, 1999 and the relative Amendment Act No 5, 2015 .................................................................................................................52 3.2.5 Environmental Impact Assessment and Audit Regulations, 2003 .........................................54 3.2.6 Environmental Management and Coordination Act (Waste Management) Regulations, 2006 55 3.2.7 Environmental Management and Coordination Act (water quality) Regulation 2006 ..........57 3.2.8 Air Quality Regulation, 2014..................................................................................................57 3.2.9 Environmental Management and Coordination Act (Noise and Excessive Vibrations Pollution Control) Regulations, 2009 ..................................................................................................................58 3.2.10 National Sand Harvesting Guidelines, 2007 ......................................................................59 3.3 INTER - SECTORAL LAWS COORDINATION IN ENVIRONMENTAL PROTECTION ....................................................60 3.3.1 The Water Act , 2002 .............................................................................................................60 3.3.2 The Water Resources Management Rules (2007) .................................................................60 3.3.3 Occupational Safety and Health Act OSHA, 2007 ..................................................................61 3.3.4 The Public Health Act (Cap. 242) ...........................................................................................61 3.3.5 The Physical Planning Act (Cap. 286) .....................................................................................63 3.3.6 Way Leave Act Cap 292 .........................................................................................................63 3.3.7 The Building Code 2009 .........................................................................................................64 3.3.8 Public Roads and Roads of Access Act (Cap 399) ...................................................................64 3.4 THE INSTITUTIONAL FRAMEWORK UNDER EMCA 2015 ..............................................................................65 3.4.1 Public Complaints Committee ................................................................................................66 3.4.2 The Directorate of Nairobi Metropolitan Development ........................................................66 3.5 GUIDELINES ........................................................................................................................................66 3.5.1 Wastewater guidelines ..........................................................................................................66 3.5.2 Noise guidelines .....................................................................................................................68 3.6 WORLD BANK ENVIRONMENTAL AND SOCIAL SAFEGUARD POLICIES ...............................................................68 3.6.1 Environmental Assessment (OP 4.01) ....................................................................................71 3.6.2 Harmonization of both WB and GOK requirements for social and environmental sustainability ........................................................................................................................................72 CHAPTER FOUR ...................................................................................................................................... 74 4 BASELINE INFORMATION .............................................................................................................. 74 NAMSIP Page vi of 141 Githurai Railway Station Draft ESIA Report Version: Final 4.1 INTRODUCTION ....................................................................................................................................74 4.2 ENVIRONMENTAL BASELINE CONDITIONS ..................................................................................................74 4.2.1 Geographical Location ...........................................................................................................74 4.2.2 Climate and Hydrology ..........................................................................................................74 4.2.3 Topography............................................................................................................................74 4.2.4 Geology and Soils...................................................................................................................75 4.2.5 Biological Environment (Flora and Fauna) ............................................................................75 4.2.6 Land Use ................................................................................................................................76 4.3 SOCIO – ECONOMIC BASELINE CONDITIONS ...................................................................................76 4.3.1 Location Profile ......................................................................................................................76 4.3.2 Population and Demographic / Administrative Characteristics ............................................76 4.4 INFRASTRUCTURE AND SOCIAL SERVICES ...................................................................................................77 CHAPTER FIVE ........................................................................................................................................ 80 5 PUBLIC PARTICIPATION AND CONSULTATION ............................................................................... 80 5.1 INTRODUCTION ....................................................................................................................................80 5.2 APPROACH TO PUBLIC PARTICIPATION AND CONSULTATION .........................................................................80 5.3 IDENTIFICATION OF STAKEHOLDERS..........................................................................................................81 5.4 MODALITIES OF CONSULTATION AND PARTICIPATION ..................................................................................81 CHAPTER SIX .......................................................................................................................................... 84 6 ALTERNATIVES TO THE PROJECT ................................................................................................... 84 6.1 INTRODUCTION ....................................................................................................................................84 6.2 RELOCATION OPTION ............................................................................................................................84 6.3 NO PROJECT ALTERNATIVE ‘ZERO’ .........................................................................................................84 6.4 ANALYSIS OF ALTERNATIVE CONSTRUCTION MATERIALS AND TECHNOLOGY .....................................................85 6.4.1 Solid Waste Management Alternatives .................................................................................85 6.4.2 Fundamental Alternatives .....................................................................................................86 6.4.3 Incremental Alternatives .......................................................................................................86 6.4.4 Layout alternatives ................................................................................................................86 CHAPTER SEVEN ..................................................................................................................................... 88 7 ENVIRONMENT AND SOCIAL IMPACTS .......................................................................................... 88 7.1 INTRODUCTION ....................................................................................................................................88 7.2 METHODOLOGY ...................................................................................................................................88 NAMSIP Page vii of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.2.1 Impact Identification and Assessment ...................................................................................88 7.2.2 Steps of Impact Assessment ..................................................................................................88 7.2.3 Impacts Rating Criteria ..........................................................................................................89 7.3 POSITIVE IMPACTS ................................................................................................................................92 7.3.1 Construction stage .................................................................................................................92 7.4 NEGATIVE IMPACTS ..............................................................................................................................94 7.4.1 Impacts due to project Location ............................................................................................94 7.4.2 Construction stage .................................................................................................................94 7.4.3 Operational phase .................................................................................................................99 7.4.4 Construction Camp ..............................................................................................................100 7.4.5 Decommissioning Activities .................................................................................................100 CHAPTER EIGHT .................................................................................................................................... 101 8 THE ENVIRONMENTAL, SOCIAL MONITORING AND MANAGEMENT PLAN (ESMMP) ................... 101 8.1 SIGNIFICANCE OF ESMMP ..................................................................................................................101 8.2 THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN...........................................................................101 8.2.1 Pre-construction and construction Phases ESMMP .............................................................102 8.2.2 Grievance redress Mechanisms (GRM) ................................................................................120 CHAPTER NINE ..................................................................................................................................... 121 9 CONCLUSIONS AND RECOMMENDATIONS .................................................................................. 121 9.1 CONCLUSION.....................................................................................................................................121 9.2 RECOMMENDATION............................................................................................................................122 REFERENCES ......................................................................................................................................... 124 ANNEXES .............................................................................................................................................. 126 NAMSIP Page viii of 141 Githurai Railway Station Draft ESIA Report Version: Final LIST OF ANNEXES Annex 5: Photographs illustrating current situation at the Project site ----------------------------126 Annex 6: Technical Designs/Layouts for Githurai Railway Station --------------------------------129 Annex 7: Minutes of CPP Meeting Githurai Railway Station ----------------------------------------136 Annex 8: List of Participants who attended public meeting ------------------------------------------139 Annex 9: Sample Chance Finds Procedures ------------------------------------------------------------140 Annex 10: Grievance Resolution Mechanism -----------------------------------------------------------141 LIST OF TABLES Table 2-1: Design adaptability of Intermodal Transfer for 5 to 20 years horizon.................... 36 Table 2-2: BoQ Summery ........................................................................................................ 40 Table 3-1: Analysis of the Project triggers to the EMCA and its tools. ................................... 54 Table 3-2: Maximum permissible noise levels for construction sites (measurement taken within the facility) ..................................................................................................................... 59 Table 3-3: Kenya discharge Guidelines for Waste water ........................................................ 66 Table 3-4 Comparison Between WHO and NEMA Noise Guidelines.................................... 68 Table 3-5: Analysis of potential triggers to World Bank Safeguards Policies ......................... 70 Table 4-1: Population Projection for Githurai Location ........................................................... 77 Table 7-1: Severity Criteria (Negative Environmental Impacts) .............................................. 90 Table 7-2: Severity Criteria (Negative Social or Health Impacts) ........................................... 91 Table 8-1 :–Environmental Management and Monitoring plan....................................... 103 NAMSIP Page ix of 141 Githurai Railway Station Draft ESIA Report Version: Final LIST OF FIGURES Figure 1-1: Map of Kiambu County showing location of Ruiru Sub County and proposed project area. ............................................................................................................................. 20 Figure 2-1: Proposed Githurai Quick Win Station Features.................................................... 33 Figure 2-2: Githurai railway station location and its neighbours ............................................. 34 Figure 4-1 Elevation of Githurai............................................................................................... 75 NAMSIP Page x of 141 Githurai Railway Station Draft ESIA Report Version: Final EXECUTIVE SUMMARY Introduction The Government of Kenya, through its implementing agency, the Ministry of Transport, Infrastructure, Housing and Urban Development (MTIHUD), has commissioned SGS and VDP Consultants to carry out preliminary and detailed engineering design of improvement of Githurai Railway Station Quick Win (QW) Project The Nairobi Metropolitan Region (NMR) requires efficient and coordinated urban spatial/land use and transport planning in order to accommodate the expected population and travel growth. By 2030 the regional population is expected to be more than double to 13 million and the vehicle fleet to quintuple to approximately 2.6 million. This Project Report gives the findings of the Environmental and Social Impact Assessment Study undertaken as an integral part of the design and construction process. The Project highlights salient social, economic and environmental issues associated with the design, construction and operational aspects of the proposed Githurai Quick Wins’ Railway (Halt) station Project. Project Description Githurai railway station will be relocated from the current halt location to the area adjacent to the Thika SH and the BRT station that should be implemented on Thika SH, the new market building and the iconic building. An intermodal facility will rationalize the current matatu/bus operations and free the roads and sidewalks for reasonable and safe access so that the main road is formalized to serve as the main linkage within the TOD (Transit oriented Development). The railway right-of-way will provide an excellent green space for the public as well as a road for improved access though the TOD and linking Githurai with Mwiki and Kahawa, especially for cyclists. A greenway will be provided along the primary area, linking the two rivers and green areas bordering the study area. Scope of the Project Report: The ESIA report has been conducted in Compliance with Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 13th June, 2003 established under the Environmental Management and Coordination Act (EMCA), 2015 of Kenya and repeal in 27th May, 2015.The study process leading to this project report was further designed to address client expectations as stipulated in the Terms of Reference. NAMSIP Page xi of 141 Githurai Railway Station Draft ESIA Report Version: Final Objectives of the Project Report Study The aim of this ESIA study was to:  To identify the impacts of the proposed Githurai Railway Station Improvement Project interventions on the environment  To predict the likely changes on the environment as a result of the interventions  To evaluate the impacts of the various alternatives of the proposed projects and  To propose mitigation measures for the significant negative impacts of the project on the environment. Study Approach and Methodology The study approach is structured as required by the Environmental Impact Assessment and Audit Regulations. The approach identifies the possible impacts originated from the proposed Githurai CRS project through an environmental scoping process based on the baseline conditions established during the field work and information obtained from the documents review. A detailed evaluation of the project area was undertaken to focus on significant environmental issues. The communities living near the proposed CRS project coverage area were also involved during consultation meetings and participation processes to get their views and input on the proposed project. The tools that were used included questionnaires, site checklists, photography and discussions with stakeholders and host communities. The Environmental and Social Monitoring and Management Plan (ESMMP) comprising the impacts mitigation plan was then developed to guide environmental management during all phases of project development. Public Participation Process Diverse approaches were applied in stakeholder engagement as follows:- Public Hearing Meetings: Public hearing meetings were arranged for residents and traders within the traverse. The meetings were chaired by relevant County and Central Government Staff as the need arose. Consultative Forums: A Consultative forum bringing together the Consultant and Senior Staff of Nairobi County Government was arranged with the aim of agreeing on modalities for engagement between the County and the Consultant during the Project Design Process. On their part, the County Government identified and nominated staff who would provide focal points in respective departments of the County Administration. Discussions with the client: Following submission of the Inception and Feasibility Study Reports, consultative forums were held with the client during which, comments on the content, quality and focus of the environmental reports were made. Such comments have subsequently been used to update subsequent reports. NAMSIP Page xii of 141 Githurai Railway Station Draft ESIA Report Version: Final Key Informant Interviews: Key informants to the Study especially stakeholders in Central and County Government were approached and met in respective offices where they were engaged on issues of interest to respective sectors. Essentially, concerns expressed by respective sectors contacted proved to be useful checklists in the analysis of impacts anticipated from railway upgrading. Further, from discussion with key informants, it was possible to identify other stakeholders previously not appreciated by the Study Team and this helped to widen the consultation base and by extension, the checklists for impact identification. Outcome of the process: The commuter railway was identified as a key component in helping fight poverty in the area by creating an environment favorable for attaining sustainable development in line with the Poverty Reduction Strategy Paper and Vision 2030. Jua Kali (informal trade) operators based on the rail reserve were apprehensive that their displacement will put them out of business and thus expose them to poverty. They requested that such livelihoods be secured through provision of alternative trading sites. Those interviewed requested the involvement of young people from local communities during construction and the operational phase of the project. They welcomed the project noting that railway transport is cheaper than road transport as most of the residents are low income earners and mostly rely on rail transport. There was also the fear by farmers along the railway line and the small scale business men who would be displaced and therefore called for compensation to allow them start life elsewhere. The safety of school going children was also noted as the track is sometimes used by pedestrians. During construction phase, it was important for signage to be put in addition to enhancing security as such areas are known to harbour criminals Policy, legal and regulatory framework: This Project Report has been developed to ensure that the proposed improvement of the Railway Station conforms to national policy aspirations towards securing sustainable development. Specifically, this Report is written in compliance with requirements of the Environmental Management and Coordination Act (EMCA), 2015 and the National Constitution. Section 58 of EMCA requires that all development proposed in Kenya are subjected to environmental assessment in line with the Second Schedule (of EMCA) and the Legal Notice 101 (Regulations for Environmental Assessment and Audit) of June 2003. The entire Study process has been designed to conform to the regulatory framework stipulated by the National Environmental Management Authority (NEMA) that will review and grant the environmental license to the development of this report. Project Justification Rapid urbanization has left Kenyan cities and towns with huge unmet demand for critical infrastructure and basic services. The uncoordinated growth has led to massive expansion of overcrowded and impoverished informal settlements congestion at bus stops, and traffic jams due to lack of mass transport. NaMSIP is intended to improve services in the metropolitan area which are critical for economic development that include transport systems through provision of improved modern Commuter Rail Station (CRS) facilities to encourage people living within the area and especially the commuters from neighboring counties and NAMSIP Page xiii of 141 Githurai Railway Station Draft ESIA Report Version: Final Sub counties to assess faster and efficient mode of transport to and from Nairobi Central Business District (CBD) and to other regions connected to the Railway line. Methodology and Baseline Information The preparation of an Environmental and Social Impact Assessment Project report is a multidisciplinary process that requires use of various approaches and data collection methods. In this particular survey, public participation and consultation were widely used and the bottom-up approaches applied. Both scientific and social data collection methods were used and they included observation, photography, interviews and secondary data review of past studies. The station study area is largely and densely developed; the western side of the proposed station has industries, including the National Cereals and Produce Board (NCPB) Silo and the Mukuru informal settlement. The eastern side of the station is comprised of high-rise mixed used developments (both residential and commercial) along the major arterials, with decreasing densities further from the roads. Scattered low-rise developments also exist. There are also a number of institutions scattered within the study area. Anticipated Impacts and Mitigation Measures (i) Potential positive impacts anticipated: The core observation of this Study is that the proposed improvement of the Githurai Railway station is aimed at opening up County transportation sector by improving connectivity. A more efficient railway service will allow a reduction of the use of private cars and thus an improvement of air quality in all the metropolitan area. As such, the project in itself is already an activity in mitigation of an existing concern and this is the prime justification of the proposed investment. Other positive impacts of the project include  It has the potential to create short-term business and employment opportunities to both professional staff and workers during the design phase.  During construction phase, traders will benefit from opportunities to supply construction material, while locals will be employed for construction works.  Improved access to the towns and market centers;  Reduced travel time;  Improved human productivity through reduced travel time;  Reduction of road accidents;  Traders will also benefit through timely delivery of their produce and services, thereby making them more competitive (ii) Potential adverse impacts: The railway station construction activities will introduce nuisances such as dust, noise, vibrations and fumes. Social vices associated with influx of job seekers can disturb the social order and even lay the ground for escalation of HIV/AIDS cases whose impacts are likely to be prolonged in prevalence. NAMSIP Page xiv of 141 Githurai Railway Station Draft ESIA Report Version: Final The adverse impacts identified include;  Noise generated during construction;  Dust from construction activities and movement of vehicles;  Potential increase of soil erosion in the area;  Potential spread of sexually transmitted diseases (STDs) and HIV/AIDS as a result of in-migration by foreign workers;  Risks of injuries and fatal accidents to workers at work sites;  Gender inequality and sexual harassment;  Sanitation and solid waste disposal at the construction camps are issues that could also impact negatively on the environment;  Increase in solid waste by motorists and passengers, especially near bus stops and on road reserves,  Child labour issues (iii) Residual and cumulative impacts: The project has no residual or cumulative impacts as all can be effectively mitigated. The Contractor will however maintain close liaison with the core operators such as Kenya Power, NAWASCO, and others to ensure that railway station construction does not impair essential services to the town and County at large. Proposed mitigation measures include:  Dust emissions can be reduced during construction by dampening the all areas to be worked on;  Bumps and clearly marked warning signs should be installed at all access to the site to reduce incidences of accidents and to reduce dust levels;  The contractor should maintain the plant and equipment regularly according to the manufacturer’s specifications;  The contractor should ensure workers are provided with adequate and proper PPEs;  The contractor shall prepare a Solid Waste Management plan to be approved by the RE for proper management of solid and liquid waste at the site;  HIV/AIDS and STD awareness campaigns should be conducted at the worksites as well as in the settlements and trading centers near the construction site;The contractor shall ensure that no child is employed at the site;  The contractor shall be required, to prepare a code of conduct for his employees and enforce it on No Sexual Harassment and Non-Discrimination Policy, in accordance with national laws;  Diligence on the part of the contractor is essential in mitigating negative impacts, and therefore mitigation measures should be embedded in the conditions of contract. Environmental and Social Management & Monitoring Plan An Environmental and Social Management & Monitoring Plan has been developed for the project, where mitigation measures, design features, or actual impacts can be monitored to ensure environmental acceptability of the project during and after construction. In some cases, monitoring can be done as part of routine or periodic maintenance, NAMSIP Page xv of 141 Githurai Railway Station Draft ESIA Report Version: Final while other parameters, especially socio-economic or ecological impacts can only be effectively assessed in the longer term. Parameters that should be monitored during and after construction include:  Efficiency of drainage structures;  Soil conservation interventions;  Sanitation at the site;  Impact on public health (for example due to HIV/AIDS and STDs, dust and clean drinking water);  Noise quality;  Air quality  Impacts on labour influx;  Occupational Health and Safety;  Road safety along the access road to the railway station;  Child labour;  Sexual harassment and gender equity Moreover this report requires that the ESMMP is integrated into the Design Report with appropriate allocation of funds in the Bills of Quantities. The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. The NaMSIP`s Project Coordination Team (PCT) will settle internal monitoring to evaluate environmental and social sensitivity at all stages of the project development. Document Disclosure The final ESIA shall be disclosed on the client’s website and the World Bank will also disclose these documents on the Infoshop Construction Period and Total Estimated Project Cost The proposed project construction period will be 9 months and defect liability of 3 months respectively. The proposed Githurai Quick Win Railway Station is estimated to cost approximately Kshs: 309,096,759.98 while the cost of implementation of the ESMMP is approximately Kshs 16,716,426.50. Conclusion and Recommendations The environmental and social assessment of the Project ascertains that the Project is unlikely to cause any significant environmental and social impacts. Most of the impacts are short and medium-term or temporary in nature. They can be addressed the embedded control measures in the engineering design of the Project as well as additional mitigation measures as suggested in the Environmental Management Plan. The Project received favourable support from local people and other stakeholders during consultations. Based on NAMSIP Page xvi of 141 Githurai Railway Station Draft ESIA Report Version: Final the ESIA project report, the proposed project is environmentally and socially stable and sustainable. It is the recommended that the project Proponent shall carry out annual environmental audits during construction and during its operation. This will comply with the Environmental Management and Coordination Act, EMCA of 1999 and the Environmental Impact Assessment and Audit Regulations, Legal Notice No. 101 of 2003. NAMSIP Page xvii of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER ONE 1 INTRODUCTION 1.1 Project Background The Nairobi Metropolitan Region (NMR) requires efficient and coordinated urban spatial/land use and transport planning in order to accommodate the expected population and travel growth. By 2030 the regional population is expected to be more than double to 13 million and the vehicle fleet to quintuple to approximately 2.6 million. To serve the high travel demand development of a strong public transport system will be needed. Current planning aims to introduce mass transit systems to the existing bus operations, and to greatly upgrade and expand the existing commuter rail services as the backbone of the system. These intentions have been reflected in plans developed by different agencies; in particular:  Mass Rapid Transit System Study (MRTS) / Ministry of Transport  Commuter Train Study (CTS) / Kenya Railways  Spatial Planning Concept Development Plan (SPC) / Nairobi Metropolitan Development  Directorate  Project on Integrated Urban Development Master Plan for the City of Nairobi (NIUPLAN)  Nairobi City County  Two feasibility studies by carried out by the Ministry of Transport (MoT) and Kenya Railways Corporation (KRC) Since there was inadequate coordination between these studies, The Ministry of Transport engaged a consultant to review and integrate the objectives and plans of the previous work, particularly the MRTS and the CTS. The result was the Mass Rapid Transit System Harmonization Study. The Harmonization Study accepts NIUPLAN and SPC as the overall guide for government policy on urban growth and development, and becomes the policy guide on regional urban mass transportation. The Harmonization Study prepared an analysis of the commuter rail (CR), BRT, LRT and MRT proposals using the travel demand forecasts from the NIUPLAN study and prepared assignments of public transportation demand specifically for the trunk elements of an integrated metropolitan public transportation system. Based on this, NAMSIP Page 18 of 141 Githurai Railway Station Draft ESIA Report Version: Final system development was proposed for short, medium terms mainly for BRT and CR, but longer term should be heavy Railway/Commuter Railway. In the meantime it was decided to prepare a plan for development of the Nairobi Central Railway Station, and plans and designs for the other commuter railway stations through new studies. Other studies and newly enacted laws for the urban and transport sectors have some relation to issues related to spatial development and metropolitan transportation. The above activities and policy framework creates a new environment in the Nairobi Metropolitan Region (NMR) which requires implementation of more interdisciplinary and sustainable urban planning. Of particular relevance to this study is the relationship of urban land use and accessibility in areas around proposed commuter rail stations. The World Bank-assisted Nairobi Area Metropolitan Services Improvement Project (NaMSIP) in providing support to various elements of Nairobi's urban development, including support for the Interdisciplinary Land-Use and Transportation Metropolitan Analysis with the Nairobi Metropolitan Region Study (ILUT). ILUT is the first effort in Nairobi of integrating land use planning with the development of major transportation facilities and consideration of urban design. (Feasibility Study Report, 2015) 1.2 Proposed Project Location Githurai is an estate that is located at the border of Kiambu County and Nairobi County along Thika Road. Githurai also falls on the Eastern part of Nairobi (capital city of Kenya), about 12 km from the city centre. The Population of Githurai is estimated to have approximately 600 000 people. There are two Githurais namely Githurai 45 (also known as Githurai Kimbo). Githurai 45 falls within Ruiru Sub-County of Kiambu County with the boundary being the Thika Road reserve and River Kasarani (also known as River Gathara-ini). There is also a Githurai 44 which is domiciled in Roysambu Sub- County of Nairobi County. Githurai 44 neighbors Kahawa West, Zimmerman and Njatha-ini Village. (Figure 1) NAMSIP Page 19 of 141 Githurai Railway Station Draft ESIA Report Version: Final Figure 1-1: Map of Kiambu County showing location of Ruiru Sub County and proposed project area. The proposed project is part of the Nairobi Metropolitan Service Improvement Project (NaMSIP) financed by the World Bank through DONMED. The proposed Railway Station Improvement Project herein referred to as ‘quick wins’ (QW) envisages to:  Improve circulation for all modes and provide easy and convenient access to the CR station;  Enhance access for non-motorized transit modes for a vibrant and safe CBD;  Raise the level of public services to national / local standards;  Provide adequate open spaces and environmental buffers;  Guide phased development / redevelopment with appropriate land-use, scale and design;  Provide attractive and suitable urban icons and urban design linkages. The QW package contains the following standard modules: NAMSIP Page 20 of 141 Githurai Railway Station Draft ESIA Report Version: Final  Platform and waiting area  Ticketing booth  Turnstile rack  Automatic selling points  Administrative office  Paid toilets  Police office  Security gate  Enclosure and lighting  Pedestrian walkway  Access roads  Parking area  Landscaping  Utilities and access facilities 1.3 THE ESIA REPORT 1.3.1 Terms of Reference (TOR) for the ESIA Process The following terms of reference for the proposed Githurai CRS project were used by the ESIA expert team.  Identification of both positive and negative impacts and the most appropriate interventions during construction and operation.  Collection of baseline socio-economic data of the proposed project area and potential impact expected from project construction, implementation and operation from existing secondary data sources.  Development of an environmental and social monitoring program (ESMP) during construction and operation and presentation of plans to minimize, mitigate, or eliminate negative effects and impacts.  Description of implementation of ESMP.  Identification and consultation with key stakeholders, facilitation of public consultation and conducting interviews with the proposed project beneficiaries.  Collection of secondary data. NAMSIP Page 21 of 141 Githurai Railway Station Draft ESIA Report Version: Final  Maintenance of all correspondences with NEMA relating to the ESIA including improvement orders in close consultation with the client.  Acquisition of an Environmental and Social Impact Assessment License from NEMA. 1.3.2 Scope and Objectives of the ESIA Study The Kenya Government policy on all existing facilities, activities and programmes requires that an Environmental Impact Assessment is carried out at the planning stages of any proposed project undertaking that is likely to harm the environment to ensure that significant impacts on the environment are taken into consideration during the design, construction, and operation and decommissioning of the proposed development. This ensures that significant impacts on the environment and the surrounding communities are taken into consideration at all times during the operations of the respective sites. The ESIA report has been conducted in Compliance with Environmental Impact Assessment Regulation as outlined under the Gazette Notice No. 56 of 13th June, 2003 established under the Environmental Management and Coordination Act (EMCA), 2015 of Kenya and repeal in 27th May, 2015. 1.3.3 Objectives of the ESIA The aim of this ESIA study was to: 1. To identify the impacts of the proposed Githurai Quick wins’ Project interventions on the environment 2. To predict the likely changes on the environment as a result of the interventions 3. To evaluate the impacts of the various alternatives of the proposed projects and 4. To propose mitigation measures for the significant negative impacts of the project on the environment. 1.4 ESIA Approach and Methodology In accordance to the ESIA guidelines, the study included the following: 1. A clear description of the proposed project including its objectives, design concepts, proposed interventions and anticipated environmental and social impacts, 2. Description of the baseline conditions in the project area to cover the physical location, environmental setting, social and economic issues, NAMSIP Page 22 of 141 Githurai Railway Station Draft ESIA Report Version: Final 3. A description of the legal, policy and institutional framework within which the proposed Commuter Rail Station (CTS) project will be implemented, 4. Description of the project alternatives and selection criteria, 5. Details of the anticipated impacts to the environment, social and economic aspects of the area covered by the project. 6. Appropriate mitigation and/or corrective measures, 7. Development of an environmental and social management plan (ESMP) presenting the project activities, potential impacts, mitigation measures and responsibilities, associated costs and monitoring indicators, 1.4.1 Approach The approach to this exercise was structured such as to cover the requirements under the EMCA, 2015 as well as the Environmental Impact Assessment and Audit Regulations, 2003. The ultimate goal of this approach was to identify impacts likely to result from the proposed Githurai CRS project on the basis of the baseline conditions established during the field work and information obtained from the documents reviewed. For subjective predictions of the impacts, the site area was subjected to environmental scoping process. This was a process of evaluating the significance of the project impacts and possibilities of handling the same that led to this report. Detailed evaluation of the project area was being undertaken to focus on any significant environmental issues. The communities living within the proposed CRS project coverage area were interviewed during consultation meetings and participation processes. The tools that were used included questionnaires, site checklists, photography and discussions with stakeholders. Overall, the study was undertaken through the following stages: 1.4.2 Environmental Screening Screening process was undertaken to decide whether the proposed CRS project needed to be subjected to an ESIA study or not. Based on literature review, the proposed project falls under category 2 of projects to be subjected to EISA study as provided for by the second schedule of the Environmental Management and Coordination Act of 2015 and Category B under the World Bank Environmental and Social Safeguards Policies as defined in the Bank's Operational Procedures (OPs). NAMSIP Page 23 of 141 Githurai Railway Station Draft ESIA Report Version: Final ESIA is a process for predicting and assessing the potential environmental and social impacts of a proposed project, evaluating alternatives and designing appropriate mitigation, management and monitoring measures. The underlying key principles of an ESIA are that every person is entitled to a clean and healthy environment and that every person has a duty to enhance and safeguard the environment as provided for by the Environmental Management and Coordination Act, 2015 and the constitution of Kenya. The ESIA is both a planning and decision- making tool. As a planning tool, the ESIA presents methodologies and techniques for identifying, predicting and evaluating potential environmental impacts of projects, policies, plans and programmes in the project cycle (planning, implementation and decommissioning phases). The ESIA process presents decision-makers with the information necessary to determine whether or not a project should be implemented. 1.4.3 Environmental Scoping The aim of this stage was to ensure that the ESIA study adequately addresses all the crucial issues of environmental and social concern to the decision-makers. This was done by narrowing down proposed CRS project issues to those requiring detailed analysis. The process involved dialogue with all project stakeholders so as to ensure that this aim was fulfilled. It also involved the collection of primary and secondary data. From an evaluation of this data, a rapid assessment of the project site and its surrounding areas was made. The key benefits of scoping include:  Enables early key stakeholders identification and engagement  Ensures that the assessment focuses on the key likely environmental and social impacts  Enables the early identification of existing data and data gaps 1.4.4 Documentary Review Various relevant documents were reviewed for a clear understanding of the terms of reference, environmental status of the project area ,data on demographic trends (for the project area, the beneficiary areas and the adjoining towns and counties ), land use practices in the affected areas (either as catchments, irrigation scheme, or the beneficiary areas), development strategies and plans (Local, National and International) as well as the policy, legal and institutional documents. The documents reviewed were: NAMSIP Page 24 of 141 Githurai Railway Station Draft ESIA Report Version: Final  Interdisciplinary Land-Use and Transport Metropolitan Analysis within the Nairobi Metropolitan Region (ILUT) Report which had Detailed Design Report for the Proposed CRS Project Sites.  Relevant Legal, Policy and Regulatory documents;  EMCA, 2015  Nairobi Integrated Urban Development Master Plan for the City of Nairobi  Kenya National Bureau of Statistics , 2009 1.4.5 Site Assessment A physical inspection of the ground (proposed site and their surrounding environment) was conducted. This was done with an aim of establishing the anticipated positive and negative impacts on the physical and biological environment (hydrology, climatic patterns and geology), social and economic trends (population trends, settlement trends, economic patterns, cultural setting and linkages, land ownership issues, etc.) and the project affected persons (PAPs) and beneficiaries. Specific objectives of the field assessment included: 1. Obtaining any available information and data from the local public offices including environment, water, lands and agriculture. 2. Undertaking comprehensive consultative public participation exercises so as to reach a large section of the affected persons as well as other stakeholders. Public consultations were also organized with the stakeholders on 13th and 18th June 2016. 3. Evaluating the environmental setting around the proposed site - observations were focused on the topography, land tenure, surface and ground water sources, public amenities, land cover, climate, flora and fauna, soils, etc. 4. Evaluate social, economic and cultural settings in the entire project site, 1.4.6 Detailed ESIA Report Activities This assignment involved a series of activities carried out in liaison with the Client, relevant Government departments, local authorities, community groups and other organizations in the area with a view to sharing their experiences and information with respect to environmental resources and social aspects. Effective evaluation of the social baseline status was achieved through interviews (consultative discussions) and physical inspection of the entire project area. The NAMSIP Page 25 of 141 Githurai Railway Station Draft ESIA Report Version: Final baseline conditions provided the starting point for the impacts predictions and benchmark for the mitigation measures. Details of the activities are listed under the terms of reference, and the outputs for each activity are outlined in the sub-sections below; 1. Review of the proposed Githurai Commuter Rail Station project details 2. Establishment of the current baseline conditions to provide a documented foundation for the impact predictions and a benchmark for the development of mitigation measures 3. Update of the legislative and regulatory requirements as a basis for drawing a compliance monitoring protocol for the construction and commissioning phases. 4. Environmental and social impacts assessments for the identification of significant impacts to the environment and the nearby communities. Types and levels of impacts as well as criteria for developing suitable mitigation measures were assessed . 5. Environmental and social management plan comprising of mitigation measures, authority responsible for monitoring and evaluating anticipated impacts, timeframes and environmental costs were developed. 1.4.7 Consultation and Interviews It is a Government policy that beneficiaries and members of the public living near new or improvement project sites (both public and private) are consulted to seek their views and opinions regarding the projects before they are implemented. Consultative Public Participation is therefore an important process in ESIA studies. Interaction with the stakeholders and communities living around the project area was undertaken through of scoping and through the field data collection exercise. Findings of the detailed ESIA report will also be presented to stakeholders for their feedback. Among the forums undertaken were sensitization and feedback sessions involving all levels of stakeholders, and public participation through issuance of questionnaires and transect walks. A set of questionnaires were used to conduct interviews, one designed for the surrounding community and the other for key stakeholders (informants) with open ended and closed ended questions also formed part of the consultative process. The aim of carrying out the public consultation was to find out whether the people were familiar with the proposed project activities, impacts and whether they were ready for the project to be undertaken in their area 1.4.8 Impact Assessment and Mitigation Measures NAMSIP Page 26 of 141 Githurai Railway Station Draft ESIA Report Version: Final The primary function of an environmental impact assessment study is to predict and quantify potential impacts, assess and evaluate the magnitude and their importance to develop an Environmental and Social management plan to mitigate the impacts. Environmental impacts could be positive or negative, direct or indirect, local or regional and also reversible or irreversible. Assessment of impacts depends on the nature and magnitude of the activity being undertaken and also on the type of pollution control measures that are envisaged as part of the project proposal. For the proposed project, the anticipated impacts are divided into three components of the project: impacts based on Project Location, impacts during Construction phase, and impacts during De-commissioning and Operational phases. The identified positive and negative impacts of the project are presented in Chapter 7 of this report. 1.4.9 Methods of data collection An Environmental and Social Impact Assessment has been undertaken to fulfill the legislative requirements of the Environmental Management and Coordination Act (EMCA) 2015 and the subsequent Kenya Gazette Supplement on Environmental Impact Assessment and Environmental Audit Regulations 2003. In this report the following methods were used during data collection; a) Site Assessment and observation b) Secondary data c) Photography d) Discussions and consultations e) Interviews 1.4.10 Site Assessment and observation Field observations formed an integral part of the study as the experts gathered considerable information through observations. This involved field visits which were undertaken from June 13th to 15th 2016 for data collection, identification of environmental and social issues of the project areas, observations, interviews and public consultation meetings in collaboration with Kenya Railways .Observation was also used as a tool for verifying the facts that were gathered through secondary data. 1.4.11 Photography Still digital photographs were taken to show the actual site of the proposed development and specific details within the project site. 1.4.12 Secondary data NAMSIP Page 27 of 141 Githurai Railway Station Draft ESIA Report Version: Final Various literatures were used in aiding the successful completion of the report. They include- The Environmental Management and Coordination Act (EMCA) 2015, the Proposed Project's Final Design Report, the Kenya Population Census Report of 2009, The Physical Planning Act (cap 286), Occupation Health and Safety Act and Other Places of Work Act among others as discussed in Chapter 4 of this report. 1.4.13 Discussions and Consultations At the start of the ESIA it is usual that a meeting is held with key personnel on the site to inform them of the ESIA activities and what is required of them. Depending on the scale of the ESIA, review meetings can be held during, but certainly after, the ESIA to allow for clarification of any points raised. Several meetings were held with the Proponents and ESIA Consultant on 7th April 2016 before commencing the ESIA data collection for planning purposes and on 13th February 2016 after completing the data collection exercise (Chapter 6) for the results of the field outcome. 1.4.14 Interviews Interviews were carried out in an attempt to get more information regarding the proposed CRS project. This involved interviewing the people who are likely to be affected by the project either directly or indirectly as well as the key stakeholders. (Annex 2) 1.4.15 Presentation of the report The report is presented as outlined below: Chapter 1: Introduction of the project which include project Background, Scope of the ESIA Study, Study Methodology and Presentation of the report. Chapter 2: Gives the Policy, Legal and Regulatory Framework Policy, Legal, Institutional and Administrative Framework. Chapter 3: Project Description. Chapter 4: Baseline Information of the Study Area. Chapter 5: Outcome of the Public Participation and Consultation process. Chapter 6: Alternatives to the Project. Chapter 7: Identification of Potential Impacts and mitigation measures of the project. Chapter 8: Mitigation Measures of Potential Impacts of the Project. NAMSIP Page 28 of 141 Githurai Railway Station Draft ESIA Report Version: Final Chapter 9: Environmental and Social Management and Monitoring Plan (ESMMP) Chapter 10: Concludes the Project and recoups the core recommendations. 1.4.16 ESIA Study Team The study team composed of members from different professional disciplines. The team members included:  Environmental team leader  Design Engineer  Sociologist Environmental support staff NAMSIP Page 29 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER TWO 2 DESCRIPTION OF THE PROPOSED PROJECT 2.1 INTRODUCTION The project is owned by the Republic of Kenya through the implementing agency, Ministry of Land, Housing and Urban Development, Nairobi Metropolitan Development under the NaMSIP initiative and is being financed by the World Bank. 2.2 PROJECT background The Nairobi Metropolitan Region (NMR) requires efficient and coordinated urban spatial/land use and transport planning in order to accommodate the expected population and travel growth. By 2030 the regional population is expected to be more than double to 13 million and the vehicle fleet to quintuple to approximately 2.6 million. To serve the high travel demand development of a strong public transport system will be needed. Current planning aims to introduce mass transit systems to the existing bus operations, and to greatly upgrade and expand the existing commuter rail services as the backbone of the system. These intentions have been reflected in plans developed by different agencies; in particular:  Mass Rapid Transit System Study (MRTS) / Ministry of Transport  Commuter Train Study (CTS) / Kenya Railways  Spatial Planning Concept Development Plan (SPC) / Nairobi Metropolitan Development  Directorate  Project on Integrated Urban Development Master Plan for the City of Nairobi (NIUPLAN) /  Nairobi City County  Two feasibility studies by carried out by the MoT and KRC. Since there was inadequate coordination between these studies The Ministry of Transport engaged a consultant to review and integrate the objectives and plans of the previous work, particularly the MRTS and the CTS. The result was the Mass Rapid Transit System Harmonization Study. The harmonization Study accepts NIUPLAN and SPC as the overall guide for government policy on urban growth and development, and becomes the policy guide on regional urban mass transportation. NAMSIP Page 30 of 141 Githurai Railway Station Draft ESIA Report Version: Final The Harmonization Study prepared an analysis of the commuter rail (CR), BRT, LRT and MRT proposals using the travel demand forecasts from the NIUPLAN study and prepared assignments of public transportation demand specifically for the trunk elements of an integrated metropolitan public transportation system. Based on this, system development was proposed for short, medium terms mainly for BRT and CR, but longer term should be heavy Railway/Commuter Railway. In the meantime it was decided to prepare a plan for development of the Nairobi Central Railway Station, and plans and designs for the other commuter railway stations through new studies. Other studies and newly enacted laws for the urban and transport sectors have some relation to issues related to spatial development and metropolitan transportation. The above activities and policy framework creates a new environment in the Nairobi Metropolitan Region (NMR) which requires implementation of more interdisciplinary and sustainable urban planning. Of particular relevance to this study is the relationship of urban land use and accessibility in areas around proposed commuter rail stations. The World Bank-assisted Nairobi Area Metropolitan Services Improvement Project (NaMSIP) is providing support to various elements of Nairobi's urban development, including support for the Interdisciplinary Land-Use and Transportation Metropolitan Analysis with the Nairobi Metropolitan Region Study (ILUT). ILUT is the first effort in Nairobi of integrating land use planning with the development of major transportation facilities and consideration of urban design. 2.3 PROPOSED Project description The Thika Superhighway divides Githurai where that highway is elevated above the surrounding study area. This alignment has created poor accessibility within the study area with only one highly congested road linking the 2 parts of the study area. The side adjoining the Kahawa Army Garrison is quite small but has potential for development if congestion can be reduced especially near the Kasarani Road where there is an existing center near a matatu stand. On the Githurai 45 and Githurai Kimbo side, developments are largely uncontrolled and providing few spaces for open areas and institutional areas. The railway station side is the area with the most potential for redevelopment. NAMSIP Page 31 of 141 Githurai Railway Station Draft ESIA Report Version: Final Githurai has 3 main activities: an existing CBD for offices and less intensive commercial activities, large informal food and consumable markets along the railroad tracks and at the junction with Thika Superhighway and surrounding lower to lower- middle income low to mid-rise residential buildings. The railway right-of-way needs to be reclaimed from the informal markets in order to provide needed open space, road access and formal pedestrian space that will link the transportation modes with the markets and with Kahawa and Mwiki area. The current narrow and congested single main access road would be supplemented with another road to provide circular movement around the core area. In order to achieve this, informal markets must be relocated to a new formal market building adjacent to the proposed iconic building. The railway station will be relocated from the current halt location to the area adjacent to the Thika SH and the BRT station that should be implemented on Thika SH, the new market building and the iconic building. An intermodal facility will rationalize the current chaotic matatu operations and free the roads and sidewalks for reasonable and safe access so that the main road can be formalized so serve as the main linkage within the TOD. Access to the new railway station will be possible from both sides of the tracks as the encroachments are removed and roads/walkways created. Residential development will be lower and lower-middle income with increased density through mid-rise construction. Large institutional areas are provided to address the lack of public service within the area. The railway right-of-way will provide an excellent green space for the public as well as a road for improved access though the TOD and linking Githurai with Mwiki and Kahawa, especially for cyclists. A greenway is also provided along the primary area, linking the two rivers and green areas bordering the study area. Along the main road on both sides of Thika SH there is opportunity to improve formal commercial activities with mid-rise buildings and local services further out. On the Kahawa side there is opportunity to develop some additional lower and lower-middle income residential and to provide space for the BRT Depot. NAMSIP Page 32 of 141 Githurai Railway Station Draft ESIA Report Version: Final Figure 2-1: Proposed Githurai Quick Win Station Features a) Small scale trading activities within the b) Proposed Githurai Quick wins’ Station proposed project site in Githurai. project site area. NAMSIP Page 33 of 141 Githurai Railway Station Draft ESIA Report Version: Final Figure 2-2: Githurai railway station location and its neighbours Source: Feasibility Study Report, 2015 2.4 Approach to Intermodal Facilities Design – Githurai Commuter Rail Station Githurai Station was defined in the ILUT detailed land-use plan as an intermodal node. The detailed land-use concept allows connectivity between different transport modes, such as: buses and matatus (intercity bus), boda-boda (motorbike), private vehicles, bicycles, Bus Rapid Transit (BRT), and Commuter Rail (CR). The detailed land-use plan also provides new access roads, pedestrian facilities and bicycles paths, to improve accessibility of transit facilities as the main criteria for future developments. The intermodal facility design takes into account all users, including motorists, pedestrians, cyclists, transit riders, and people of all ages and abilities in order to serve all surface transportation users by creating a more interconnected intermodal system. This will emphasize the use of environmentally friendly options such as public transportation, walking, and bicycling. The transit station is the primary interface for passengers with the transit system. Adopting a station area intermodal facility design, which focuses on seamless movement of passengers as they change their modes of transportation at the station, NAMSIP Page 34 of 141 Githurai Railway Station Draft ESIA Report Version: Final would help accomplish safe and efficient movement of passengers as they access and exit the station area. Good design principles promote equitable use of transit systems to all users regardless of their mobility levels. In accordance with the detailed land-use plan, the layout allows mixed land-use for commercial and offices uses above the intermodal facilities and the pedestrian esplanade. As a result, the layout shows commercial areas connected with the main pedestrian transit areas, and the offices and a hotel accessible from the intermodal facilities and from the access roads. Future commercial and office space can be developed based on the market demand while maintaining the layout and connections within the intermodal facilities. 2.5 Operational Layout of Intermodal Facilities – Githurai Commuter Rail Station Architectural program In the ground level the intermodal facility allows the connection between these areas:  Railway platform of 240 m length each  BRT platform with capacity for 6 bi-articulated buses  The intermodal platform provides multimodal facilities for:  Matatu /Bus Station. 7 stops which can be increased in accordance with the future demand.  Taxi Bay. 7 positions  Boda-Boda shed  Bicycle rack  Kiss and Ride area with a driveway and 6 bays  Park and Ride area for 180 vehicles The intermodal platform, BRT platform and the railway platform are connected with a footbridge to guarantee accessibility to all passengers between any transport modes. The layout shows ticketing and access/administrative areas to support the transport services. The intermodal facility also provides for technical areas, such as: electrical rooms, water tanks, pumping rooms, data communication system, etc.; and area available for basic maintenance, like: fuel station, compressed air, and simple mechanical repair. The facility supplies an additional parking area for boda-boda, matatus and taxis. The intermodal facility will add new access roads to the station for the BRT, to the intermodal platform and for kiss and ride. NAMSIP Page 35 of 141 Githurai Railway Station Draft ESIA Report Version: Final The design prioritizes the pedestrian access to the different areas. Above the park and ride, a large pedestrian access area allows the connection and the visual linkage with the pedestrian esplanade crossing Thika Superhighway. Over the pedestrian esplanade (which is connecting the three main transport platforms) is proposed a commercial passage, which also connects three office towers and a hotel. The real estate project can be tailored to market demand. However, the minimum size for the footprint layout should be maintained. (Annex 3) 2.6 Implementation Phases for Intermodal Facilities The layout provides the railway line, and the railway platforms with the ticketing system, within 60 meters of the commuter rail corridor in accordance with the TORs. For the area beyond the 60 meters taking advantage of land availability around the station and potential linkages with existing facilities, the layout proposes a BRT interchange, intermodal facilities, park and ride, kiss and ride and pedestrian access. The design allows adaptability of intermodal transfer for a 5 to 20 year horizon, as shown in Table 2 below: Table 2-1: Design adaptability of Intermodal Transfer for 5 to 20 years horizon 5 YEARS HORIZON 10 YEARS HORIZON 20 YEARS HORIZON  Railway  Intermodal facilities  Commercial areas platforms  Supporting and  Offices buildings  Ticketing areas technical areas  Hotel  Pedestrian  Pedestrian esplanade  Real-estate access  Kiss and ride development  Access roads  Park and ride  Pedestrian access  BRT platform 2.7 Module Function and Specifications The proposed module function and specifications were applied as discussed by component below: i. Modular - Low cost of implementation: Every module has standard dimensions in order to optimize the design and implementation process. ii. Maintainability - Low cost of maintenance: To provide low maintenance cost, selected materials and architecture follow good industrial practice; for example, avoiding plasters and paints, materials with low resistance, etc. NAMSIP Page 36 of 141 Githurai Railway Station Draft ESIA Report Version: Final iii. Functionality - Encouraging use of the area: For implementation at all stations, every module is independent and flexible. The basic function of each module will be adapted to each station. iv. Comfort - Adequate capacity and performance: Every module provides an appropriate level of comfort in terms of capacity and level of service for the users. v. Modern Image - Attractiveness of service: The architecture of the modules provides a positive image in order to attract users to the station and improve the user perception about railway service. 2.8 Construction Materials The consultant presented three options for QW construction materials: 1. Option 1.Traditional material. This is primarily represented by concrete structures, and concrete or clay bricks 2. Option 2. Steel frame and precast concrete/granite panels 3. Option 3. Steel frame and thermo-acoustic aluminum panels The construction materials selected for the modules by the Client is Option 2 as outlined below:  Concrete foundation  Metallic structures for columns, beams and roof  Thermo-acoustic panel for the roof  Precast concrete panels  Security windows  Metallic doors and louvers  Granite tiles in the floor and/or concrete finishing non-skid with hardener in the floor These materials were selected for these advantages:  Use of recycled materials  Reduction in noise levels at construction sites  Reduction in the amount of construction waste  Reduction in transport cost  Reduction in site disturbance  Savings in construction time and cost NAMSIP Page 37 of 141 Githurai Railway Station Draft ESIA Report Version: Final 2.9 Standard Components The consultant developed standard components, which are generally applicable for all the selected stations. Specific and detailed components for each station will be determined based on the availability of space and service requirements in consultation with KRC. The components will be located on KRC land with the possible exception of special road access or pedestrian facilities located outside of KRC land. Details of standard modules are presented below. To the extent possible the agreed components (structural components and other facilities such as roofing for the platform and ticketing booths) are of modular design and typical for all stations. This will provide efficiency in construction time and cost. Architectural facilities such as platforms, ticketing booths, turnstiles, and toilets are designed on paved areas in full coordination with the structural, electrical, mechanical elements of the design. Designs comply with the minimum specifications for building and civil works in Kenya and other relevant codes of practice, in order to guarantee the basic functions of these facilities. 2.9.1 Administrative module The administrative area will be a standard module at each station. This module will be located at every station and adapted for each layout. This module will include designs for architecture (3D model), structures, plumbing and drainage, electrical connections and communications. This structure has 1 floor with 3 workstations, 1 bathroom and 1 kitchen. The structure dimensions are 5 m by 6 m. 2.9.2 Platform The boarding and alighting facilities are modular units. The configuration of the platform will be adjusted in accordance with the railway lane on each station (one side, two sides, in the middle). The standard length of the platform is 240 cm with 120 cm height, but may be reduced according to the straight track length. The platform has been designed in accordance with the Standard Dimension 1959 Metre Gauge provided by the Client. Detailed design includes architecture, structure, rain drainage, electrical and communications. A waiting area with a canopy, installations for signaling and passenger information, and street furniture are also included. 2.9.3 Paid toilets NAMSIP Page 38 of 141 Githurai Railway Station Draft ESIA Report Version: Final This will be a modular unit (with provision for men, women, and handicapped) for each station. Detailed design will be provided for the architecture, structure, plumbing, septic tanks, electrical connections and communications. Detailed design indicates the type of electrical, water and sewerage connection. Where no sewerage connection exists, septic tanks will be included in the design. 2.9.4 Ticketing booth, turnstiles rack and automatic selling points This module will be provided for each station. Detailed design is provided for architecture, structure, plumbing, electrical connections and communications. These modules will be located outside of the station building, but within the station area. The ticketing area will be provided outside of the station building for one or two sides. The turnstiles and ticket booth are based on existing KRC designs. 2.9.5 Security gate and police office Those are separate standard modules, which will be provided for each station. Detailed design is provided for architecture, structure, plumbing, electrical connections and communications. 2.9.6 Police office A police office will be provided at each station. Detailed design is provided for architecture, structure, plumbing, electrical connections and communications. 2.9.7 Fencing and lighting Fencing around the station and along the paid and security control areas is provided. Detailed design is provided for architecture, structure and lighting. Fencing will be designed for the station area boundaries in public areas. Walls will be provided in other locations. The enclosed area will have public lighting for which the type of electrical connection and location of mains will be provided. 2.10 PROJECT JUSTIFICATION The broad aim of this proposed Githurai Commuter Rail Station project is to enhance mobility, accessibility and transport within Nairobi Metropolitan Region. The project has laid emphasis on the provision of improved modern Commuter Rail Station(CRS) facilities to encourage people living within the area and especially the commuters from neighboring counties and Sub counties to assess faster and efficient mode of transport to and from Nairobi CBD and to other regions connected to the Railway line. The project is also aimed at providing and improving access to the existing Railway Station and providing parking facilities for motorized traffic within Ruiru Township and at the Railway Station which will lead to decongestion of Thika Super Highway ultimately in the year 2030. NAMSIP Page 39 of 141 Githurai Railway Station Draft ESIA Report Version: Final 2.11 CONSTRUCTION PERIOD The proposed project construction period will be 9 months and defect liability of 3 months respectively. 2.12 PROJECT COST The proposed Githurai Quick Win Railway Station is envisaged to cost approximately Kshs: 309,096,759.98. The cost of implementation of ESMP is approximated to be Kshs 16,716,426.50. The summery page of the BoQ is provided in the following table: Table 2-2: BoQ Summery GITHURAI RAILWAY STATION SUMMARY BILL DESCRIPTION AMOUNT IN (KSHS) NO. 6 Civil works 95,010,467.95 7 Structures 89,622,145.49 8 Electricals 21,490,600.00 9 Mechanicals 38,873,280.00 10 Day works 12,584,139.87 11 Sub-total for Githurai railway station. 257,580,633.32 12 Add 10% of subtotal (a) above for variation of price 25,758,063.33 (financial contingencies). 13 Allow 10% of subtotal (a) above for physical 25,758,063.33 contingencies. Total for Githurai railway station carried to grand summary Kshs.309,096,759.98 NAMSIP Page 40 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER THREE 3 POLICY, LEGAL AND ADMINISTRATIVE POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK This chapter outlines the policy, legal, regulatory and institutional framework in Kenya particularly for environmental management, protection and assessment applicable to the proposed Githurai Railway Project. The Project will be subject to laws, regulations, guidelines and standards of the Government of Kenya and international institutions (IFC/World Bank). Note that wherever any of the laws contradict each other, the Environmental Management and Coordination Act (EMCA) prevails. 3.1 Government of Kenya Policy Framework Applications of national statutes and regulations on environmental conservation suggest that the owner of any project has a legal duty and responsibility to discharge wastes of acceptable quality to the receiving environment without compromising public health and safety. This position enhances the importance of an EIA for the proposed extension project to provide a benchmark for its sustainable operation when it is finally commissioned. The Githurai Railway Project complies with government policy framework by the act of the proponent conducting ESIA study before initiating any civil works on the project 3.1.1 The Constitution of Kenya 2010 The Constitution of Kenya, promulgated into law on 27 September 2010, is the supreme law of the Republic: It provides the broad framework regulating present and future development aspects of Kenya and along which all national and sectoral legislative documents are drawn. With regard to environment, Section 42 inside the Bill of Rights of the Constitution, states that: every person has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures; particularly those contemplated in Article 69; and to have obligations relating to the environment fulfilled under Article 70. Chapter 5 of the new constitution provides the main pillars on which the 77 environmental statutes are hinged and covers "Land and Environment" and includes the aforementioned articles 69 and 70. Part 1 of the Chapter dwells on land, outlining NAMSIP Page 41 of 141 Githurai Railway Station Draft ESIA Report Version: Final the principles informing land policy, land classification as well as land use and property. Part 2 of the Chapter directs focus on the environment and natural resources. It provides for a clear outline of the state’s obligation with respect to the environment. The Chapter seeks to eliminate processes & activities likely to endanger the environment. Article 69 states that the State shall:  Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;  Work to achieve and maintain a tree cover of at least ten percent of the land area of Kenya;  Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;  Encourage public participation in the management, protection and conservation of the environment;  Protect genetic resources and biological diversity;  Establish systems on environmental impact assessment, environmental audit and monitoring of the environment;  Eliminate processes and activities that are likely to endanger the environment; and,  Utilise the environment and natural resources for the benefit of the people of Kenya. There are further provisions on enforcement of environmental rights as well as establishment of legislation relating to the environment in accordance to the guidelines provided in this Chapter. In conformity with the Constitution of Kenya 2010, every activity or project undertaken within the Republic of Kenya must be in tandem with the state’s vision for the national environment as well as adherence to the right of every individual to a clean and healthy environment. Section 70 provides for enforcement of environmental rights thus:-: 1. If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, NAMSIP Page 42 of 141 Githurai Railway Station Draft ESIA Report Version: Final infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. 2. On application under clause (1), the court may make any order, or give any directions, it considers appropriate –– (a) to prevent, stop or discontinue any act or omission that is harmful to the environment; (b) to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (b) To provide compensation for any victim of a violation of the right to a clean and healthy environment. (c) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury. Essentially, the New Constitution has embraced and provided further anchorage to the spirit and letter of the Environmental Management and Co-ordination Act (EMCA), 1999, whose requirements for environmental protection and management have largely informed Sections 69 through to 71 of the Document. In Section 72 however, the new constitution allows for enactment of laws towards enforcement of any new provisions of the Supreme Law. The Githurai Railway station Project complies with the Constitution by proposing a framework in its ESIA on Social, Health, safety and environmental protection 3.1.2 The Urban Areas and Cities Act 2011 This law passed in 2011 provides legal basis for classification of urban areas (City) when the population exceeds 500,000; a municipality when it exceeds 250,000; and a town when it exceeds 10,000) and requires the city and municipality to formulate County Integrated Development Plan (Article 36 of the Act). Under Article 36, the integrated development plan so developed is required to be the central pillar in public administration of the city or municipality this forming the basis for:  the preparation of environmental management; preparation of valuation rolls for property taxation plans;  provision of physical and social infrastructure and transportation;  preparation of annual strategic plans for a city or municipality;  disaster preparedness and response;  overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management; and NAMSIP Page 43 of 141 Githurai Railway Station Draft ESIA Report Version: Final  The preparation of a geographic information system for a city or municipality. The strategy plan as stated above denotes an annual plan to be adopted in the county assembly following the integrated development plan, and the Act requires the board of town committee to formulate the strategy plan soon after the adoption of the integrated development plan (Article 39). The integrated development plan as stipulated in the Act has to reflect: I. vision for the long term development of the city or urban area; ii. An assessment of the existing level of development; iii. Any affirmative action measures to be applied; development priorities and objectives; iv. Development strategies which shall be aligned with any national or county sectoral plans and planning requirements; v. A spatial development framework; vi. Operational strategies; and vii. Applicable disaster management plans; viii. A regulated city and municipal agricultural plan; ix. A financial plan and; X. the key performance indicators and performance targets (Article 40). The integrated development plan thus formulated has to be submitted to the county executive committee, and the committee has to submit the plan to the county assembly with an opinion within 30 days (Article 41). The Urban Areas and Cities Act is thus a powerful strategic tool designed to inject order into the planning and management of urban areas. A CIDP for Nairobi as anticipated in the Urban Areas and Cities Act 2011 has been developed though a County Development Profile laying the groundwork for the CIDP was published in 2013-2017. The Profile identifies infrastructural / road development and upgrading as a high priority investment towards unlocking the County’s economic potential. NAMSIP Page 44 of 141 Githurai Railway Station Draft ESIA Report Version: Final Githurai Railway Station Project complies with the urban area and other cities act its integrated in the County integrated Development plan through NaMSIP. 3.1.3 The County Government Act 2012 The County Government Act of 2012, which has been adapted to the Constitution’s State and County structure in relation to devolution, declares the County Integrated Plan to be central to the County’s administration and prohibits any public spending outside of the plan. The Act clarifies that the County Integrated Plan to be broken down into the economic plan, physical plan, social environmental plan and spatial plan. Also, the Act states that the County Plan commands,  County integrated development plan  County Sectoral plans  County spatial plan  Cities and urban areas plans as stipulated by Urban Areas and Cities Act The act also stipulates that the County Government will be –responsible for functions stipulated in article 186 and assigned in the Fourth Schedule of the Constitution which includes control of air pollution, noise pollution, other public nuisances and outdoor advertising. The Proponent will ensure the project will be compliant with County Government Act 2012 by controlling all forms of pollution. Additionally an Environmental and Social Management/monitoring plan has been provided in this report with measures for mitigating potential environmental pollution anticipated from the development of the project. 3.1.4 HIV/AIDS Prevention and control Act (Act No. 14 of 2006) Part 11, Section 7 of the Act requires that HIV and AIDs education be carried out at the work-place. The government is expected to ensure the provision of basic information and instruction on HIV and Aids prevention and control to: - (I) Employees of all government ministries, departments, Authorities, and other agencies and employees of private and informal sectors. (ii) The information on HIV/AIDS is expected to be treated with confidentiality at the work place and positive attitude towards infected employees. In allocating contractors to the Githurai Railway Station Project, the proponent should ensure that the contractor offers such training to the worker as provided by law. 3.1.5 The Kenya Vision 2030 NAMSIP Page 45 of 141 Githurai Railway Station Draft ESIA Report Version: Final Kenya Vision 2030 is the country's development programme from 2008 to 2030. It was launched on 10 June 2008 by President Mwai Kibaki with the aim to help transform Kenya into a newly industrializing, middle-income country with a consistent annual growth of 10 % by 2030. Developed through an all-inclusive and participatory stakeholder consultative process, involving Kenyans from all parts of the country, the Vision is based on three "pillars": Economic, Social, and Political. The 2030 goal for urban areas, to reach “a well-housed population living in an environmentally-secure urban environment in particular, will be achieved by bringing basic infrastructure and services namely roads, street lights, water and sanitation facilities, storm water drains, footpaths, and others. It is likewise important the promotion of: environmental conservation and pollution and waste management, through the application of the right economic incentives in development initiatives. Under the first Medium-Term Plan (MTP-1) (2008-12) of Kenya’s Vision 2030 strategy, significant efforts were made to promote growth and preserve sound economic policies under challenging circumstances. While reforms were being implemented across the board during 2008-12, the biggest achievements under MTP- 1, as noted in the MTP-2, were in improving infrastructure as well as some social indicators, such as school enrolment rates. Though short of the targets set in MTP-1, average annual GDP growth reached 3.8 percent despite the impact of repeated droughts, high international commodity prices, the global financial and economic crisis, and political uncertainty in the run up to the 2013 general elections. Furthermore 2.7 million jobs were created between 2008 and 2012 compared with an objective of 3.3 million. Kenya’s second Medium Term Plan (MTP-2) covers the 2013-2017 period. It seeks to build on the successes of the MTP 1, including macroeconomic stability, the enactment of the 2010 Constitution, infrastructure development, the growth of the services sector, and improved access to education. At the same time, it recognizes remaining challenges, including a low and declining share of manufacturing, low agricultural productivity, high energy costs, a still limited transport infrastructure, a narrow export base, and major economic and social disparities across the country. The MTP-2 aims to continue the positive trend in areas where substantial progress was achieved, as well as to increase attention on areas where progress was slower while keeping the same priority sectors. NAMSIP Page 46 of 141 Githurai Railway Station Draft ESIA Report Version: Final The overall objectives of the MTP-2 are to accelerate growth to reach double- digit levels, to create jobs for the Kenyan youth, and to further reduce the still high poverty levels. The key thematic areas that seek to describe how these objectives will be achieved are: (i) the foundations for national transformation, which cover a broad range of areas including infrastructure, information technology, employment policies, land reform, ending drought emergencies, public sector reform, and national security; (ii) the economic pillar, which identifies the seven sectors that are expected to spur faster growth; (iii) the social pillar; and (iv) the political pillar. By promoting investment in the priority sectors identified under the Economic Pillar2, Vision 2030 seeks to achieve and sustain annual GDP growth rate at 10% up to 2030 and thereby generating resources required to address other SDGs. This creates the urgent need of investing in both Flagship Projects and requisite infrastructure. The realization of Githurai station is a step towards realizing the Vision 2030 as provision of effective and efficient means of transportation to the residents of the project area. 3.1.6 Nairobi metro 2030 Nairobi Metro 2030 was developed in the year 2008 to provide a guide for the NMR play its role in the National growth strategies under the Kenya Vision 2030. It is a transitional document that brings into focus challenges faced under urban growth and development. The document provides forum to achieve sustained rates of economic growth necessary for successful economic and social development. The Metro 2030 provides links with the Central Government through Kenya Vision 2030 and other development plans as well as seeking to strengthen the Local Authorities as part of the devolvement of power and recognizing need for ensuring efficient and effective management of resources at the grassroots. Nairobi Metro 2030 carries the vision for Nairobi Metropolitan Region to be a World Class African Metropolis supportive to the overall national agenda under the Kenya Vision 2030. The agenda to achieve this vision is the need to enhance mechanisms for economic growth, employment creation, improved lifestyles and improved infrastructure. Therefore Githurai Railway Station Project contributes to the Nairobi Metro 2030 by providing an efficient transportation alternative. 3.1.7 The Sustainable Development Goals NAMSIP Page 47 of 141 Githurai Railway Station Draft ESIA Report Version: Final The 2030 Agenda comprises 17 new Sustainable Development Goals (SDGs), or Global Goals, which will guide policy and funding for the next 15 years, beginning with a historic pledge to end poverty. The concept of the SDGs was born at the United Nations Conference on Sustainable Development, Rio+20, in 2012. The objective was to produce a set of universally applicable goals that balances the three dimensions of sustainable development: environmental, social, and economic. The Global Goals replace the Millennium Development Goals (MDGs), which in September 2000 rallied the world around a common 15-year agenda to tackle the indignity of poverty. The MDGs established measurable, universally-agreed objectives for eradicating extreme poverty and hunger, preventing deadly but treatable disease, and expanding educational opportunities to all children, among other development imperatives. The MDGs drove progress in several important areas:  Income poverty  Access to improved sources of water  Primary school enrollment  Child mortality With the job unfinished for millions of people—we need to go the last mile on ending hunger, achieving full gender equality, improving health services and getting every child into school. Now we must shift the world onto a sustainable path. The Global Goals aim to do just that, with 2030 as the target date. This new development agenda applies to all countries, promotes peaceful and inclusive societies, creates better jobs and tackles the environmental challenges of our time—particularly climate change. Nationally, the GOK has taken bold steps to domesticate the SDGs as illustrated by: i) Investment in the Poverty Reduction Strategy Paper (PRSP) process through which participatory mapping of poverty incidence at both District and National Level was undertaken, ii) Implementation of the Economic Recovery Strategy for Wealth and Employment Creation, and iii) Implementation of projects that directly confront specific aspects of the SDGs. By anchoring the NAMSIP Page 48 of 141 Githurai Railway Station Draft ESIA Report Version: Final Economic Pillar of Vision 2030 which seeks to generate resources needed to address SDGs, implementation development of improving this railway station project is attuned to the national and indeed global agenda for economic and social development. Githurai Railway Station Project contributes to the Sustainable Development Goals by providing an affordable means of transport, easing the traffic pressure put on the existing road transportation network in Nairobi and the subsequent decongestion of the Nairobi city traffic. 3.2 Legal and Regulatory Framework for Environment 3.2.1 Sessional Paper No 1 of 1996 on Environment and Development This is the official statement on national policy on environment and was released in 1996 following recommendations of the National Environment Action Plan (NEAP) of 1994. The NEAP process had been launched earlier in 1992 following the Country’s participation in the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro during which Kenya alongside other nations became a signatory to Agenda 21 which called on all nations to pay closer attention to environmental management at national level. Through this Sessional Paper, the Kenya Government guarantees every citizen the right to a clean and healthy environment and commits to pursue a policy strategy of integrating environmental sensitivity into national development planning process. The broad policy objectives of the Sessional Paper No I of 1996 areas listed below:  Optimal use of natural land and water resources in improving the quality of human environment;  Sustainable use of natural resources to meet the needs of the present generations while preserving their ability to meet the needs of future generations;  Integration of environmental conservation and economic activities into the process of sustainable development;  Meeting of national goals and international obligations by conserving bio- diversity, arresting desertification, mitigating effects of disasters, protecting the ozone layer and maintaining an ecological balance on earth.  Among other provisions, Sessional Paper No. 1 of 1996 also sets out sectoral priorities for environmental sustainability which in most cases have been NAMSIP Page 49 of 141 Githurai Railway Station Draft ESIA Report Version: Final operationalized through formulation of guidelines for quality and environmental management in respective sectors. The Environment Management and Coordination Act (EMCA, 2015) has since been enacted to secure implementation of the national policy on environment. Natural resources will be highly utilized during construction phase and the biodiversity will be tampered with hence the need to adhere to the policy. 3.2.2 National Environment Action Plan Sessional Paper No 1 of 1996, as the official statement on national policy on environment, was released in 1996 following recommendations of the National Environment Action Plan (NEAP) of 1994. The NEAP process had been launched earlier in 1992 following the Country’s participation in the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro during which Kenya alongside other nations became a signatory to Agenda 21 which called on all nations to pay closer attention to environmental management at national level. The 2013 revised National Environment Plan policy is: better quality of life for present and future generations through sustainable management and use of the environment and natural resources. The objectives of this Policy are to: (a) Provide a framework for an integrated approach to planning and sustainable management of Kenya’s environment and natural resources. (b) Strengthen the legal and institutional framework for good governance, effective coordination and management of the environment and natural resources. (c) Ensure sustainable management of the environment and natural resources, such as unique terrestrial and aquatic ecosystems, for national economic growth and improved livelihoods. (d) Promote and support research and capacity development as well as use of innovative environmental management tools such as incentives, disincentives, total economic valuation, indicators of sustainable development, Strategic Environmental Assessments (SEAs), NAMSIP Page 50 of 141 Githurai Railway Station Draft ESIA Report Version: Final Environmental Impact Assessments (EIAs), Environmental Audits (EA) and Payment for Environmental Services (PES). (e) Promote and enhance cooperation, collaboration, synergy, partnerships and participation in the protection, conservation, sustainable management of the environment and natural resources. (f) Ensure inclusion of cross-cutting and emerging issues such as poverty reduction, gender, disability, HIV&AIDS and other diseases in the management of the environment and natural resources. (g) Promote domestication, coordination and maximisation of benefit t from Strategic Multilateral Environmental Agreements (MEAs). 3.2.3 Sessional Paper No 6 of 1999 The goal of this policy paper is to harmonize environment and development goals to ensure sustainability. It provides comprehensive guidelines and strategies for government action regarding the environment and development. The key policy objectives of this paper include:  Ensuring that all development projects at the inception stage and programs, as well as policies consider environmental considerations.  Ensuring that an EIA report is prepared for any undertaking or development project before implementation.  Coming up with effluent treatment standards that will conform with acceptable health guidelines  It‘s important to note that issues of waste water management and human settlements are given prominence and therefore, the policy recommends re- use and recycling of residues i.e. waste water, use of low waste generation technologies and increasing public awareness on benefits of a clean environment. It also recognizes the role of stakeholders in all these initiatives within their localities.  The paper encourages better planning in rural and urban areas in provision of needs i.e. water, drainage system, waste disposal facilities et al. NAMSIP Page 51 of 141 Githurai Railway Station Draft ESIA Report Version: Final The planning stage of the project has put all this into consideration whereby the waste generated will be recycled/re-used or dumped to designated dumping sites to ensure a healthy and clean environment is maintained. 3.2.4 The Environment Management and Coordination Act No 8, 1999 and the relative Amendment Act No 5, 2015 The Environment Management and Co-ordination (Amendment) Act 2015 No 5 of 2015 was effective on the 17th June 2015 to amend the Environmental Management and Co-ordination Act 1999. The Act has aligned EMCA Act 1999 with the Constitution of Kenya (2010) to include new structures that the Constitution of Kenya 2012 created particularly entrenchment of county government in environment and natural resource management. The EMCA is an act of Parliament that provides for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental thereto. The Act further aims to improve the legal and administrative co-ordination of the diverse sectoral initiatives in the field of environment so as to enhance the national capacity for its effective management. In addition Act seeks to harmonize all the 77 sector specific legislation touching on the environment in a manner designed to ensure protection of the environment. As the principal environmental legislation in Kenya, EMCA sets the legal framework for environmental management basically as follows:- Part II of the Act states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to ensure the achievement, part VI of the same Act directs that any proponent of a new project, activity or operation should undertake an Environmental Impact Assessment (EIA) and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue a license as appropriate; while projects already in place will undertake annual Environmental Audits (EA). Section 58 of the Environmental Law requires that notwithstanding any approval, permit or license under this Act or any other law in force in Kenya, any person being a proponent of a project, shall before financing, commencing proceeding with carrying out, executing or conducting or causing to be financed, commenced, proceed carried NAMSIP Page 52 of 141 Githurai Railway Station Draft ESIA Report Version: Final out, executed or conducted by another person for any undertaking specified in the second schedule to this Act, submit a project report to the Authority in the prescribed form, giving the prescribed information and shall be accompanied by the prescribed fee. Section 68 and 69 of EMCA requires all on-going projects to conduct an EA with a view to finding out if the processes and activities have any negative impacts on the environment and to propose any mitigation measures to counter such impacts .EA are further expounded in Regulation 35 (1) and (2) of Legal Notice 101 of June 2003. Under EMCA 2015, NEMA has gazetted legal tools that govern how EIAs are conducted and general environmental protection. These guidelines are captured in the Contracts for Construction to ensure that contractors are legally bound to undertake mitigation alongside general construction work. Under EMCA, NEMA has gazetted legal tools that govern conduct of EIAs and general environmental protection. The Proposed project by the NaMSIP falls under the requirement of this Act, and has been screened against these tools with results that (table below) five of the tools will be triggered. NAMSIP Page 53 of 141 Githurai Railway Station Draft ESIA Report Version: Final Table 3-1: Analysis of the Project triggers to the EMCA and its tools. Legal Tool Trigger mechanism Status EIA and Audit regulations EIA Study has to conform to these rules Triggered Waste Management Rules Construction likely to generate solid waste Triggered Water Quality rules Water for construction will be drawn from Triggered rivers or other sources and have to adhere to ensuring water quality is observed Conservation of Not These regulations focus more on benefit Biodiversity regulations sharing in biodiversity conservation. triggered National Sand Harvesting Construction works will require concrete Triggered Rules mixture which shall include sand Environmental Management and Coordination Both construction activities and Triggered (Noise and Excessive Vibration Pollution) construction equipment likely to generate (Control) Regulations, 2009 Legal Notice No. noise 61: Air Quality Regulation (2014) Both construction activities and Triggered construction equipment likely to generate air pollution In particular, specifications of these guidelines would require to be captured in the Contracts for Construction to ensure that contractors are legally bound to undertake mitigation alongside general construction work. The EMCA Tools likely to be triggered by the proposed construction of the railway station are briefly reviewed below. 3.2.5 Environmental Impact Assessment and Audit Regulations, 2003 Environmental impact Assessment (EIA) is a tool for environmental conservation and has been identified as a key component in new project implementation. At the national level, Kenya has put into place necessary legislation that requires EIA be carried out on every new project, activity or programme (EMCA), and a report submitted to the National Environmental Management Authority (NEMA) for approval and issuance of relevant certificates. These Regulations provide procedures for conducting an EIA study and detail the parameters to be evaluated during the study. It also provides guidelines on the payment of the EIA license fees, conducting environmental audits and development of project monitoring plans. NAMSIP Page 54 of 141 Githurai Railway Station Draft ESIA Report Version: Final In particular, specifications of these guidelines indicate that no proponent should implement a project which can have a negative environmental impact. This ESIA report has been undertaken in accordance with the Environment (Impact Assessment and Audit) regulation 2003, which operationalizes the Environment Management & Coordination Act (EMCA) 1999 and its subsequent amendment, the Environmental Management and Coordination Act (Amendment), 2015. The report is prepared in conformity with the requirements stipulated in the Act and its amendment and the Environmental Impact Assessment and Audit regulations 2003 regulation7 (1) and the second schedule. 3.2.6 Environmental Management and Coordination Act (Waste Management) Regulations, 2006 The regulations provide details on management (handling, storage, transportation, treatment and disposal) of various waste streams including:  Domestic waste  Industrial waste,  Hazardous and toxic waste  Pesticides and toxic substances  Biomedical wastes  Radioactive waste Regulation No.4 (1) makes it an offence for any person to dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle. Regulation 5 (1) provides categories of cleaner production methods that should be adopted by waste generators in order to minimize the amount of waste generated and they include: i) Improvement of production process through:  Conserving raw materials and energy  Eliminating the use of toxic raw materials and waste  Reducing toxic emissions and wastes ii) Monitoring the product cycle from beginning to end by:  Identifying and eliminating potential negative impacts of the product NAMSIP Page 55 of 141 Githurai Railway Station Draft ESIA Report Version: Final  Enabling the recovery and re-use of the product where possible  Reclamation and recycling iii) Incorporating environmental concerns in the design and disposal of a product. The Proponent shall ensure that the main contractor adopts and implements all possible cleaner production methods during the construction phase of the project. Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non- hazardous waste for appropriate disposal. Regulation 14 (1) requires every trade or industrial undertaking to install at its premises anti-pollution equipment for the treatment of waste emanating from such trade or industrial undertaking. Regulation 15 prohibits any industry from discharging or disposing of any untreated waste in any state into the environment. Regulation 17 (1) makes it an offence for any person to engage in any activity likely to generate any hazardous waste without a valid Environmental Impact Assessment license issued by NEMA. Regulation 18 requires all generators of hazardous waste to ensure that every container or package for storing such waste is fixed with a label containing the following information:  The identity of the hazardous waste  The name and address of the generator of waste  The net contents  The normal storage stability and methods of storage  The name and percentage of weight of active ingredients and names and percentages of weights of other ingredients or half-life of radioactive material  Warning or caution statements which may include any of the following as appropriate. - the words "WARNING" or "CAUTION"; - the word "POISON" (marked indelibly in red on a contrasting background; NAMSIP Page 56 of 141 Githurai Railway Station Draft ESIA Report Version: Final - The words "DANGER! KEEP AWAY / NO ENTRY FOR UNAUTHORIZED PERSONS"; - A pictogram of a skull and crossbones. Regulation 19 (1) requires every person who generates toxic or hazardous waste to treat or cause to be treated such hazardous waste. During the construction phase of the project, the Proponent shall ensure that the main contractor implements the above mentioned measures as necessary to enhance sound environmental management of waste. 3.2.7 Environmental Management and Coordination Act (water quality) Regulation 2006 The Regulations provides for sustainable management of water resources including prevention of water pollution and protection of water sources (lakes, rivers, streams,' springs, wells and other water sources). It is an offence under Regulation No.4 (2), for any person to throw or cause to flow into or near a water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as to cause pollution. Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permit the dumping or discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge into the environment Regulation No. 14 (1) requires every licensed person generating and discharging effluent into the environment to carry out daily effluent discharge quality and quantity monitoring and to submit quarterly records of such monitoring to the Authority or its designated representatives. The proponent will have to ensure that appropriate measures to prevent pollution of underground and surface water sources are implemented throughout the project cycle. 3.2.8 Air Quality Regulation, 2014 This regulation is referred to as “The Environmental Management and Coordination (Air Quality) Regulations, 2014�. The objective is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. NAMSIP Page 57 of 141 Githurai Railway Station Draft ESIA Report Version: Final It provides for the establishment of emission standards for various sources, including as mobile sources (e.g. motor vehicles) and stationary sources (e.g. industries) as outlined in the Environmental Management and Coordination Act, 1999. It also covers any other air pollution source as may be determined by the Minister in consultation with the Authority. Emission limits for various areas and facilities have been set. The Regulations prohibits the Proponent from:  Acting in a way that directly or indirectly cause or may cause air pollution to exceed levels set out in the second Schedule to the Regulations  Allowing particulates emissions into the atmosphere from any source not listed in the six schedule of the Regulations  Causing ambient air quality in controlled areas (listed in Schedule Thirteen) to exceed those stipulated under second Schedule.  Allowing (during construction and demolition) emission of particulate matter above the limits stipulated in second Schedule  Causing or allowing stockpiling or storage of material in a manner likely to cause air pollution  Causing or allowing emissions of oxides of nitrogen in excess of those stipulated in the eleventh Schedule of the Regulation The Proponent shall observe policy and regulatory requirements and implement the mitigation measures proposed in this document in an effort to comply with the provisions of these Regulations on abatement of air pollution. 3.2.9 Environmental Management and Coordination Act (Noise and Excessive Vibrations Pollution Control) Regulations, 2009 The regulations define noise as any undesirable sound that is intrinsically objectionable or that may cause adverse effects on human health or the environment. The regulations prohibit any person from making or causing to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. Article 13 2(d) of the regulations allows for construction work at night for public utility construction, construction of public works, projects exclusively relating to roads, bridges, airports, public schools and sidewalks, provided noise generated is not NAMSIP Page 58 of 141 Githurai Railway Station Draft ESIA Report Version: Final caused within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, or safety of the members of the public. The second Schedule of the Regulations provides for the maximum permissible level of noise at construction sites. Table 3-2: Maximum permissible noise levels for construction sites (measurement taken within the facility) Maximum Noise level permitted Facility (leq) in dB (A) Day (6.01am- Night (6.01 6.00pm) pm-6.00am) (i) Health facilities, educational institutions, 60 35 homes for disabled and residential areas (ii) Residential 60 35 (iii) Areas other than those prescribed in (i) and 75 65 (ii) Under section 15, the Regulations require the Proponent during EIA studies to:  Identify natural resources, land uses or activities which may be affected by noise or excessive vibrations from construction or demolition;  Determine the measures which are needed in the plans and specifications to minimize or eliminate adverse construction or demolition noise or vibration impacts  Incorporate the needed abatement measures in the plans and specifications. It is anticipated that the proposed project will generate noise and/or vibration during the construction phase, that will originate from the construction equipment, vehicles and the workers since the railway station neighbours homesteads and institutions in some sections and it is therefore recommended that the construction team develops mitigations to reduce noise propagation in the project area. The provisions of this Act will be applied by the Proponent in the management of the project where the contractor will be required to adhere to the provisions of this regulations. 3.2.10 National Sand Harvesting Guidelines, 2007 NAMSIP Page 59 of 141 Githurai Railway Station Draft ESIA Report Version: Final These Guidelines apply to all sand harvesting activities in Kenya to ensure sustainable utilization of the sand resource and proper management of the environment. Among key features, the guidelines empower respective DECs to regulate sand harvesting within areas of jurisdiction implying that, sand should only be sourced from approved sites and by approved dealers. The project will commit to the fulfillment of the guidelines. 3.3 Inter - Sectoral Laws Coordination in Environmental Protection In recognition that EMCA is an umbrella law coordinating diverse sectoral statutes all of which are still in force, Legal Notice 101 of EMCA requires that the respective sectors be consulted as Lead Agencies in making decisions pertaining to environmental assessment for projects in respective sectors. This is to ensure that NEMA does not approve projects that contradict sector policies and legislation. In conformity with this requirement, we have screened the proposed development against most relevant statutes to map out the potential triggers. And in sections below, we highlight such sectoral laws and policies likely to be triggered by the proposed rail project. 3.3.1 The Water Act , 2002 The Act vests the water in the State and gives the provisions for the water management, including irrigation water, pollution, drainage, flood control and abstraction. It is the main legislation governing the use of water. The proposed project shall require some quantities of water during the construction phase and generation of equally large volumes of surface run-off during operations. The water supplied by the local water provider and local rivers might be the sources of water for construction. The rivers near the railway station will be receiving bodies for the surfaces run-off, as all the drainage systems shall be designed to discharge into them. The contractor shall ensure that there will be no pollution to the nearby rivers and streams, and will seek the necessary permits to abstract the water from the rivers, or any other sources, and shall abide by the conditions attached to the permit(s). 3.3.2 The Water Resources Management Rules (2007) These Rules are described in Legal Notice Number 171 of the Kenya Gazette Supplementary Number 52 of 2007. They apply to all water resources and water bodies in Kenya, including all lakes, water courses, streams and rivers, whether perennial or seasonal, aquifers, and shall include coastal channels leading to territorial waters. NAMSIP Page 60 of 141 Githurai Railway Station Draft ESIA Report Version: Final The Water Resources Management Rules empower Water Resources Management Authority (WRMA) to impose management controls on land use falling under riparian land. It also enables any person with a complaint related to any matter covered by these rules to the appropriate office in WRMA as per the Tenth Schedule which provides a format for report on complaints. WRMA is to reply to the complainant with “copies to all other relevant parties within twenty one days of receiving the complaint, starting with what action is being taken, the position of the Authority on the matter and any recommendation to the complainant.� The contractor shall seek the necessary permits to abstract the water from the rivers, or any other sources, and shall abide by the conditions attached to the permit(s). The contractor/proponent will adhere to the provision of this regulation by obtaining relevant water permit from WRMA or consult with the Nairobi Water and Sewerage Company (NAWASCO) for its water sources. 3.3.3 Occupational Safety and Health Act OSHA, 2007 The Occupational Safety and Health Act, 2007, is an Act of Parliament to provide for the safety, health and welfare of all workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act applies to all workplaces and workers associated with it; whether temporary or permanent. The main aim of the Act is to safeguard the safety, health and welfare of workers and non-workers. Part 9 states that the occupier or employer shall establish a health and safety committee where twenty or more people are employed and such an employee shall prepare a written statement of his general policy with respect to the safety and health at the work place. Further, the occupier shall prepare annual safety and health audits by a qualified person. The contractor shall adhere to all Sections of the Act as it relates to this project, such as observing safety guidelines, provision of protective clothing, clean water, and insurance cover are observed so as to protect all from work related injuries or other health hazards. 3.3.4 The Public Health Act (Cap. 242) The Public Health Act provides for the protection of human health through prevention and guarding against introduction of infectious diseases into Kenya from outside, to promote public health and the prevention, limitation or suppression of infectious, communicable or preventable diseases within Kenya, to advice and direct local NAMSIP Page 61 of 141 Githurai Railway Station Draft ESIA Report Version: Final authorities in regard to matters affecting the public health to promote or carry out research and investigations in connection with the prevention or treatment of human diseases. This Act provides the impetus for a healthy environment and gives regulations to waste management, pollution and human health. Part IX section 115 states that no person shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires Local Authorities to take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous to human health. Such nuisance or conditions are defined under section 118 waste pipes, sewers, drains or refuse pits in such a state, situated or constructed as in the opinion of the medical officer of health to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into Public Street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other vermin. On the responsibility of local authorities, Part XI section 129 of the Act states in part “It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its district has a right to use and does use for drinking or domestic purposes, and purifying such supply so polluted�. Section 130 provides for making and imposing on local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. Section 130 provides for making and imposing regulations by the local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. This provision is supplemented by Section 126A that requires local authorities to develop by-laws for controlling and regulating among others private sewers, communication between drains and sewers and between sewers as well as regulating sanitary conveniences in connection to buildings, drainage, cesspools, etc. for reception or disposal of foul matter. NAMSIP Page 62 of 141 Githurai Railway Station Draft ESIA Report Version: Final Part XII (Pprevention and destruction of mosquitoes) Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests shall be deemed nuisances and are liable to be dealt with in the manner provided by this Act. The operations and activities of the proposed project can be detrimental to human and environmental health and safety in the absence of appropriate measures. For example waste, dust, noise and air emission generated from activities and process of the proposed project can directly or indirectly have adverse impacts on human and environment. The Act prohibits the Proponent from engaging in activities that cause environmental nuisance or those that cause danger, discomfort or annoyance to inhabitants or is hazardous to human and environmental health and safety. The proponent will therefore observe the public Health act to mitigate on the negative environmental health and safety to the public. 3.3.5 The Physical Planning Act (Cap. 286) Cap 286 provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of government mainly the District Level. The Act provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in the specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues. The Act also promotes public participation in the preparation of plans and requires that in preparation of plans proper consideration be given to the potential for economic and social development. The proponent has prepared plans and design that have been submitted to the Ministry of Lands and Physical Planning in accordance to the law. 3.3.6 Way Leave Act Cap 292 Section 3 of the Act states that the Government may carry any sewer, drain or pipeline through, over or under any land whatsoever, but may not in doing so interfere with any existing building. Notice, however, should be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. NAMSIP Page 63 of 141 Githurai Railway Station Draft ESIA Report Version: Final Any damages caused by the works would then be compensated to the owner as per Section 8 of the Act that states that any person whom without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alterations will be done at his/her costs. The proponent shall observe this Way leave Act when developing or improving the sewer and drainage system for the project. 3.3.7 The Building Code 2009 This code was formulated to provide rules and guideline to be observed during construction it requires the proponent to adhere to the set rules and guidelines in the code. The code requires building plans to be approved by county government. It also prohibits;  Erection, or causing or permitting erection of temporary buildings (e.g. a site office, store, builder’s shed etc.) to which the Regulations apply without a permit granted under Regulations and  Knowingly occupying a temporary building which is erected in contravention to the regulations The proponent is committed to developing the proposed project in accordance to the building codes, the national standards and other international building standards and guidelines e.g. as KS 04 general installation of electrical equipment, British standards 8110 structural concrete, NFPA 14 on installation of standpipes and hose systems among others. 3.3.8 Public Roads and Roads of Access Act (Cap 399) Sections 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Sections 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads. The proponent shall issue notices to land owners adjacent to the project area before construction works begins. NAMSIP Page 64 of 141 Githurai Railway Station Draft ESIA Report Version: Final 3.4 The Institutional Framework under EMCA 2015 The Government established the administrative structures to implement EMCA as follows:-  The National Environmental Council The National Environment Council (the Council) is responsible for policy formulation and directions for the purposes of the EMCA Act. The Council also sets national goals and objectives, and determines policies and priorities for the protection of the environment.  The National Environmental Management Authority EMCA allows for formation of the National Environmental Management Authority (NEMA) as the body charged with overall responsibility of exercising general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. Under the Act, NEMA was established in 2001 when the first Director General was appointed by the President. Activities of NEMA are rolled out through three core directorates in charge of Enforcement, Education and Policy. To facilitate coordination of environmental matters at District level as per requirements of EMCA, NEMA has established District Environmental Committees (DEC) traditionally chaired by respective District Commissioners and bringing together representatives from all the ministries; representatives from local authorities within the province/district; two farmers / pastoral representatives; two representatives from NGOs involved in environmental management in the province/district; and a representative of each regional development authority in the province/district. To each DEC in the country was attached a District Environmental Officer who, as the NEMA Officer on the ground was charged with responsibility of overseeing environmental coordination among diverse sectors and while serving as secretary to the DEC. However, in order to align to requirements of National Constitution 2010, NEMA has devolved functions to Counties. Under the New arrangement, EIA licensing for projects will take place at either the County or National level depending on the perceived environmental risk category as per the NEMA advert of 9th July 2012. The Project Report process has thus been tied up to the NEMA institutional framework at Head Office and County levels. NAMSIP Page 65 of 141 Githurai Railway Station Draft ESIA Report Version: Final The Authority shall review this ESIA Report for the proposed project, visit the project site to verify information provided in this report and emanate an ESIA license whether all the relevant issues to the project have been identified and mitigated in accordance to the proposed measures. 3.4.1 Public Complaints Committee Under EMCA 2015, a Public Complaints Committee has been established to provide an administrative mechanism for addressing environmental harm. The Committee whose membership include representatives from the Law Society of Kenya, NGOs and the business community has the mandate to investigate complaints relating to environmental damage and degradation. 3.4.2 The Directorate of Nairobi Metropolitan Development In the capacity of Employer, the Ministry of Land, Housing and Urban Development, Nairobi Metropolitan Development through the NaMSIP PCT has administrative jurisdiction over the EIA process. 3.5 Guidelines 3.5.1 Wastewater guidelines Part of the study involves a review of the environmental standards that provides a basis for monitoring and future audits. The table below presents recommended guidelines on wastewater quality for discharge into the public sewers and open water bodies. Table 3-3: Kenya discharge Guidelines for Waste water Parameter Discharge in public Discharge into water bodies (mg/l) sewers (mg/l) – Assuming 10% dilution PH 6.0 – 9.0 6.0 – 9.0 BOD5 (20oC) 500 20 COD 1000 50 Suspended Solids 500 30 Detergents 30 Nil Heavy metals 1 0.1 (combined) Oils/Grease 50 Nil Nitrates (TN) 20 10 Phosphates (TP) 30 5 Conductivity - 1500 uS/cm 4hr PV Value No limits 20 Faecal Coliforms No limits 1000/100ml for large water bodies, otherwise <10/ml) NAMSIP Page 66 of 141 Githurai Railway Station Draft ESIA Report Version: Final Sulphates - 500 Dissolved Oxygen No limits 2 Phenols - 2 Cyanides - 0.1 Chlorides - 1000 PCB - 0.003 Colour No limits 5 Hazen Units Odour No limits Not objectionable Sources: Department of Water Development NAMSIP Page 67 of 141 Githurai Railway Station Draft ESIA Report Version: Final 3.5.2 Noise guidelines The following guidelines will be used to monitor noise levels, especially during the construction stage of the project. Table 3-4 Comparison Between WHO and NEMA Noise Guidelines Specific Critical Health LAeq Time base LAeq Time base Effects dB(A) (hours) dB(A) (hours) Environment WHO NEMA Serious annoyance 55 16 45 14 Outdoor living area Moderate 50 16 35 14 annoyance Speech 35 16 - - Indoor dwelling interference 30 8 Inside bedroom Sleep disturbance Sleep disturbance 45 8 35 - Outdoor bedroom Speech and 35 During Day 60 14 School classroom communication class time Night 35 14 Indoor Annoyance 55 During play 45 Day School playground External outdoor night time 30 8 - - Hospital, treatment room indoor daytime 30 16 Hearing 70 24 60 12 Industrial, Commercial impairment and traffic areas Hearing 100 4 - - Ceremonies, festivals impairment entertainment events The provisions of this Act will be applied by the Proponent in the management of the project where the contractor will be required to adhere to the guidelines to reduce the possibility of adverse noise and vibration impacts to human health. The regulation stipulates that the acceptable standard day and night noise levels should not exceed 65dBa and 45 dBa respectively. 3.6 World Bank Environmental and Social Safeguard Policies Like in any project financed by, or with financial participation of, the World Bank, the environmental and social safeguards as defined in the Bank's Operational Procedures (OPs) will be respected for the purposes of this project implementation. WB classifies its projects into four Environmental Assessment categories according to the likely NAMSIP Page 68 of 141 Githurai Railway Station Draft ESIA Report Version: Final impacts on the environment they will have. This classification is as follows (only main conditions mentioned): a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts. b) Category B: A proposed project is classified as Category B if it’s potential adverse environmental impacts on human populations or environmentally important areas—including wetlands, forests, grasslands, and other natural habitats—are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects. This particular NaMSIP subproject has been categorized as B. c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further environmental assessment action is required for a Category C project. d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts; this case, in any way, is not applicable to the NaMSIP project. By virtue of source of funding, the proposed development of commuter Rail stations (CRS) by the Ministry of Land, Housing and Urban Development, and Nairobi Metropolitan Development under the NaMSIP is also subject to World Bank requirements for impact assessment. As such, this Project Report study has been formulated to address and cater for both Kenyan and World Bank requirements for impact assessment. World Bank projects and activities are governed by Operational Policies, which are clearly spelt out in the Bank's Operational Manual ("Bank Procedures" and "Good Practices"). The World Bank’s safeguard policies are designed to ensure that projects proposed for Bank financing are environmentally and socially sustainable, and thus improve decision-making. These operational policies include:  OP 4.01 Environmental Assessment;  OP 4.04 Natural Habitats;  OP 4.09 Pest Management ;  OP 4.11 Cultural Heritage; NAMSIP Page 69 of 141 Githurai Railway Station Draft ESIA Report Version: Final  OP 4.12 Involuntary Resettlement;  OP 4.10 Indigenous People;  OP 4.36 Forests;  OP 4.37 Safety of Dams;  OP 7.50 Projects on International Waterways ;  OP 7.60 Projects in Disputed Areas. The table below shows the applicability of World Bank Operational Policies to the Githurai Railway Station improvement project. Table 3-5: Analysis of potential triggers to World Bank Safeguards Policies OP Title Comments/Impact 4.01 Environmental Applicable. As a result of environmental and social screening, the Assessment project was identified as a Category B 4.04 Natural Habitats Not applicable - there no natural habitats at the project site 4.09 Pest Management Not applicable- the project will not involve any pest management 4.10 Indigenous Not applicable- there are no indigenous people at the site or Peoples project area 4.11 Physical Cultural Not applicable. Site inspections and literature searches have not Resources indicated the presence of any cultural (historical, archaeological) sites in the construction area. However, to manage “chance finds� an appropriate procedure is included in this ESIA. Such procedure to be followed by contractors during the construction phase. 4.12 Involuntary Not applicable. The site is currently used as railway station and Resettlement therefore there are no settlements or economic activities requiring relocation to pave way for the project. Githurai Railway station is accessible through Githurai Kimbo Road which is free from encroachment hence no relocation or compensation issues will arise. 4.36 Forests Not applicable- there is no forest at the site 4.37 Safety of Dams Not applicable because the project will not involve construction of NAMSIP Page 70 of 141 Githurai Railway Station Draft ESIA Report Version: Final dams. 7.50 Projects on Not applicable- the site does not sit on international waters International Waters (OP 7.50) 7.60 Projects in The site is not classified as disputed in the project area. Disputed Areas 3.6.1 Environmental Assessment (OP 4.01) OP 4.01 requires Environmental Assessment (EA) for projects proposed for Bank financing to ensure that they are environmentally sound and sustainable, and as a basis for decision making. Under OP 4.01 projects are screened and assigned either of four categories each of which requires different levels of environmental assessment as follows: a) Category A: A proposed project is classified in this category if it is likely to have significant adverse environmental impacts that are sensitive, diverse or unprecedented. Moreover, the EA for this category includes examining the project’s potential negative and positive impacts in comparison with those of feasible alternatives and recommends any measures required to prevent, minimize, mitigate or compensate for adverse impacts and improve environmental performance. These impacts may affect an area boarder than the sites or facilities subject to physical works. b) Category B: A proposed project is classified in this Category if it’s potential adverse environmental impacts on human populations or environmentally important areas, including wetlands, forests, grasslands, and other natural habitats, are less adverse than those of Category A projects. These impacts are site-specific, few of them are irreversible and in most cases the mitigation measures can be designed more readily than Category A projects. c) Category C: A proposed project is classified in this Category if it’s likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for Category C project. d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary in subprojects that may result in adverse environmental impacts. NAMSIP Page 71 of 141 Githurai Railway Station Draft ESIA Report Version: Final The proposed improvement of the railway station has been classified as environmental category B and hence requirement for this Project Report study. 3.6.2 Harmonization of both WB and GOK requirements for social and environmental sustainability With regard to the project under review, our experience informs that when proposed projects are subjected to environmental and social impact assessment as stipulated under EMCA 2015 and its tools, the same process simultaneously fully resolves requirements of OP 4.01. Generally both requirements are aligned in principle and objective in that:  Both require Environmental Assessment before project implementation leading to development of comprehensive Environmental and social Management plans to guide resolution of social and environmental impacts as anticipated.  Both require public disclosure of Project Report and stakeholder consultation during preparation,  While OP 4.01 of World Bank stipulates different scales of Project Report for different category of projects, EMCA requires Project Report for all sizes of projects, which are required to be scoped as relevant  Where EMCA requires consultation of Lead Agencies comprising of relevant sectors with legal mandate under GoK laws, the WB has equivalent safeguards for specific interests.  The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project which is equivalent to the statutory annual environmental audits at the operation phase of projects in Kenya. The understanding of this Project Report study is that, pursuit of an in-depth Project Report process as stipulated by EMCA 1999 is adequate to address all World Bank requirements for environmental and social assessment. This is a major guiding principle in this study. Adverse effects, if any, will be limited (some minor and temporally limited noise and dust during construction). Only where drainage and sewage is concerned, measures will have to be taken to prevent indirect adverse effects; such effects could be outside of the project sites. Such effects can clearly be identified during the screening process and mitigated as described in ESMMP. NAMSIP Page 72 of 141 Githurai Railway Station Draft ESIA Report Version: Final In keeping with this trend, this Environmental Assessment will be made publicly available to project-affected groups within the entire area of study at places to be specified by NEMA following which, their comments will be incorporated in the final Environmental Assessment and will also influence design of the project NAMSIP Page 73 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER FOUR 4 BASELINE INFORMATION 4.1 Introduction This chapter of the report addresses the Environmental, Social and Economic profile of Githurai Location in Ruiru Sub County, Kiambu County where the project is located. The proposed Githurai CR station Improvement project is expected to bring changes that are more positive to the residents of Githurai location and surrounding towns in terms of improving level of modern transportation within the Nairobi Metropolitan Region ( NMR) with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities. Currently Dandora operates as a train halt. The halt is not developed into a full functional railway station with infrastructures such as security lights, proper sanitation facilities, waiting area with a shade are inadequate or are not provided. 4.2 Environmental Baseline Conditions 4.2.1 Geographical Location Construction of Githurai Quick Wins’ Station location is in Ruiru Sub County, Kiambu County. The Githurai Location is located 12km northwest of central Nairobi, the capital city of Kenya. 4.2.2 Climate and Hydrology Githurai receives bimodal type of rainfall. The long rains are experienced from March to June while the short rainy period occurs from October to December. The average annual rainfall in Githurai and its environs ranges between 900 mm and 1,250 mm per annum. The mean annual rainfall in Kiambu County ranges between 800 mm and 1,300 mm per annum. The temperature is generally high, the mean annual temperature averaging between 18°C-20°C.The mean annual potential for evaporation ranges between 1550-2200mm. Githurai Railway project site fall under Kiu River Basin. The project site is sandwiched between two streams of river Kiu, which flow towards the south to join river Athi then into Indian Ocean. However, sewage and drainage designs provide mitigation measures to the problems of drainage or waters discharge 4.2.3 Topography NAMSIP Page 74 of 141 Githurai Railway Station Draft ESIA Report Version: Final Topography of the Githurai station study area is relatively flat/level terrain; Slope is generally less than 16% and slightly sloping toward the southern part of the region. Figure 4-1 Elevation of Githurai 4.2.4 Geology and Soils The geology of Ruiru Sub-county comprises of tertiary volcanic rocks, the most important being what is termed as Nairobi Stone. The Nairobi stone is a tertiary volcanic rock used extensively for building purposes. Soils resulting from tertiary volcanic rocks are dark reddish brown, well drained, friable and very calcareous. The soils in the study area are derived from volcanic rocks that gradually occur on levels between 1200 to 2000m.a.s.l. The general nature of the soil ranges from shallow to red friable clays. The soils also support shrub vegetation and hence the area is zoned as medium potential and favourable for urban development. 4.2.5 Biological Environment (Flora and Fauna) NAMSIP Page 75 of 141 Githurai Railway Station Draft ESIA Report Version: Final At the proposed site there are no existing tree plantation or forests or crops. The biological environment of the site has been influenced by the neighbouring commercial development of building and infrastructure.. 4.2.6 Land Use The area land use is mainly commercial in nature. Most of the land is used for residential building to support the working population of Nairobi city. Another kind of land use include commercial building for shopping malls, shops and institution like schools and churches. 4.3 SOCIO – ECONOMIC BASELINE CONDITIONS 4.3.1 Location Profile Githurai is an estate that is located at the border of Kiambu County and Nairobi County along Thika Superhighway Road. There are two Githurais namely Githurai 45 (also known as Githurai Kimbo). Githurai 45 falls within Ruiru Sub-County of Kiambu County with the boundary being the Thika Road reserve and River Kasarani (also known as River Gathara-ini). There is also a Githurai 44 which is domiciled in Roysambu Sub- County of Nairobi County. Githurai 44 neighbors Kahawa West, Zimmerman and Njatha-ini Village. It is evident that the proposed CRS project will fall within Ruiru Sub County Region, which is under Kiambu County. 4.3.2 Population and Demographic / Administrative Characteristics According to the 2009 Kenya Population and Housing Census, Kiambu County population for 2012 was projected to be 1,766,058 with 873,200 males and 892,857 females. Further, the population is expected to reach 2,032,464 people by the end of 2017. This is influenced by the county‘s high population growth rate, which is at 2.81 per cent while the population of the sub -county of Ruiru within which the proposed project area lies, has a total of 238,858 which is expected to rise to 970,000 by 2030 covering an area of 292 km2 . The project area is thus limited to the sub-locations of Gikumari, Mugutha, Ruiru, Theta, Membely, Kiuu and Gitothua . The population for Githurai Location under Kiuu is estimated to be approximately 80, 705 people in the year 2015 with a projected population for the year 2030 to be 190,239 people as shown on Table 4-1 below. NAMSIP Page 76 of 141 Githurai Railway Station Draft ESIA Report Version: Final Table 4-1: Population Projection for Githurai Location Current Projected Average HH No. of No. of Housing Population Population Size HH HH Needs (2015) (2030) (2030) (2015) (2030) (2015-2030) 80,775 190,239 4 26,980 47,560 20,580 4.4 Infrastructure and Social Services  Roads The key access road to the project site is the A2 trunk road Nairobi to Thika Super Highway road then branch to join the Mwihoko Road. The proposed project site is at the intersection between the Mwihoko Road and Railway Crossing. The road network to the proposed site is motorable and tarmacked.  Water and Sanitation A piped water supply network is existence in Githurai .The water supplied is currently inadequate to meet the current demand hence there are private water venders and suppliers. Within the proposed coverage area, there is an existing wastewater reticulation system. In other few instances septic tanks are used.  Electricity There is adequate electricity supply in the proposed project site. Residents in the area also mainly depend on electricity for lighting purposes. Market Centres There is a trading centre in Githurai town with various economic activities being carried on such as fresh market for foodstuffs, presence of various banking halls and chain of supermarkets, mitumba traders ( second hand) among others. Health Health, being a key factor in any society, has been given a great deal of consideration in this community. There are approximately 35 health facility providers within Githurai community. There are no Public (Government established) hospitals in Githurai, but there are Private established hospitals such as St. Mary’s Health Hospital, Round About Medical Center and St. John’s Hospital. Public Clinics and Dispensaries provide health care services at a subsidized cost as compared to private hospitals. Education and Literacy The county has a total population of 87,594 children falling within the age group of 3 to 5 (pre-school). This consists of 44,177 males and 43,417 females. The total number of early child education (ECD) teachers is 1,843 and the teacher to pupil ratio is 1:40. NAMSIP Page 77 of 141 Githurai Railway Station Draft ESIA Report Version: Final There are 1,225 primary schools in Kiambu County out of which 576 are public and 349 are private. The total number of primary school teachers is 21,090 and the teacher to pupil ratio is 1:38. The total enrolment rate stands at 295,409 pupils comprising of 115,375 males and 113,910 females. The gross enrolment rate stands at 109.6 percent, while the net enrolment rate is 99.7 percent. This could be attributed to the introduction of Free Primary Education programme. Infrastructure in schools has also improved through devolved funds e.g. Constituency Development Fund (CDF) and Local Authority Transfer Fund (LATF). However, the county still needs to invest in the provision of additional education facilities because of the increasing number of school going population. There are 303 secondary schools consisting of 227 public and 76 private schools. The total enrolment rate is 89,065 out of which 44,777 are males and 44,288 are females. The gross enrolment rate is 69.3 percent and the net enrolment rate is 61.8 percent. The number of teachers in the county stands at 3,479 and the teacher/pupil ratio is 1:25. As indicated in the fact sheet, the completion rate is 92.5 percent and therefore there is need for great investment in the education sector to ensure the rate reaches 100 percent. The percentage of people within the county who can read stands at 95.6 percent while 3.8 percent of the total population cannot read. Also, 95.2 percent of the total population can write while 4.2 percent cannot write. About 95.4 percent of the total population within the county can read and write while 4.6 percent cannot read and write. Those who can read and write stand at 95.4 per cent. The high literacy rates are as a result of continued investment in the education sector and there is need for more investment to ensure the literacy levels gets to 100 percent. (Kiambu, CIDP 2013 – 2017) Housing and Human Settlements According to 2009, Kenya Population and Housing Census, 48.3 percent of all homes in the county are stone –walled, 4.9 percent are brick/block, and 4.8 percent are mud/wood. There are 74.6 percent of the houses that have cemented floors and 87.5 percent have corrugated iron sheets. Only 0.1 percent has used other forms of roofing materials. The proximity of the county to the city of Nairobi has seen transformation of large pieces of land into residential houses. The presence of good all weathered roads have given an opportunity to those working in Nairobi to reside within the county. This NAMSIP Page 78 of 141 Githurai Railway Station Draft ESIA Report Version: Final has led to the establishment of residential estates with the Tatu city being one of the major housing projects currently under implementation. (Kiambu County Integrated Development Plan 2012 – 2017) Most of the houses in the proposed project area consist of stone structures which are common in almost all households, with corrugated roofing materials could be observed. Settlements in the proposed project area are densely pullulated, but are densely distributed. Most of the settlement is found within urban areas. The people access the area through a number of motorable roads and footpaths branching from the main Thika Super Highway. The area is distinctly urban, with the nearest market centers being not less than 5- 10 kilometers. It was evident that the availability of physical infrastructure and social services is evenly distributed or rarely non-existent in some scenarios. Climatic conditions are rarely harsh such as drought hence issues of inadequate food and water makes them sustainable. Economy and Livelihoods In the proposed project area the most predominant source of livelihoods is business support activities like production of goods like shoes, clothes, furniture, bags, metal works etc. and also offer services which range from salons, barber shops, car wash, medical services, restaurants etc. In Githurai there are: consumer-oriented stores, agriculture businesses, financial businesses, information businesses, transportation businesses, real estate businesses and utilities It was also evident that some of the residents are employed as casual workers while a few are permanent employees in the many businesses being operated, government offices and others own small businesses. NAMSIP Page 79 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER FIVE 5 PUBLIC PARTICIPATION AND CONSULTATION 5.1 Introduction Public participation is concerned with involving, informing and consulting the public in planning, management and other decision making activities. Public participation tries to ensure that due consideration is given to public values, concerns and preferences when decisions are made. It encompasses the public actively sharing in the decisions that government and other agencies make in their search for solutions to issues of public interest. Public consultation in this project was carried out with the following aims:  To inform the local people, leaders and other stakeholders about the proposed project and its objectives.  To seek views, concerns and opinions of people in the area concerning the project.  To establish if the local people foresee any positive or negative environmental impacts from the project and if so how the impacts can be addressed. Public Meeting A public meeting was convened at Githurai Railway stop grounds at 1435h. The participants included Area Chief, Community living around the Githurai Railway Stop and business community in the area 5.2 Approach to Public Participation and Consultation The Environmental Management and Coordination Act (EMCA, 2015) and its subsequent Environmental Impact Assessment and Audit Regulations, 2003 underscore the need for stakeholder participation in the ESIA process. Residents of a proposed project have to live with the project if implemented. They have the most to gain if the project impacts are beneficial to them. Conversely, they have the most at stake if the project goes awry. Not just residents but for projects whose impacts have a wide geographical spread, distant communities need to be involved. Stakeholder input is thus vital at the earliest stage possible in project development and should continue throughout the project cycle. In case of the Proposed CRS Project, public consultations followed several steps as follows: NAMSIP Page 80 of 141 Githurai Railway Station Draft ESIA Report Version: Final 5.3 Identification of Stakeholders Like in all civil works projects, the core stakeholders comprise people to be directly served by the proposed project and then comprise residents along the CRS corridor, motorists, businessmen and service providers who rely on the railway station, etc. This is the group that is likely to benefit or be affected by the proposed development. This study also identified a second category of stakeholders comprised of government officers (proponent) in charge of diverse sectors, which are likely to be impacted by the CRS project. This category was also consulted as key informants on sectoral policy and to advise this ESIA team on mitigation measures to be put in place so as to minimize adverse impacts in respective sectors. Each category of stakeholders called for a different approach to consultation. 5.4 Modalities of Consultation and Participation  Interviews Public participation and consultation was conducted by the ESIA team via interviews and discussions under the guidance of one set of questionnaires developed to capture the Project Affected Persons (PAPs) and residents’ concerns, comments and issues. The completion of such questionnaires subsequently allowed for the synthesis and analysis of issues that arose which provided basis upon which the social aspect of the ESIA was undertaken. Interviews were conducted by use of one set of questionnaire designed for the locals’ residents. Cohen (1989) defines a questionnaire as a self- report instrument used for gathering information about variables of interest to an investigation. The questionnaire for the community members (Annex 2) was designed to capture data on: demographic characteristics, social-economic characteristics, project awareness, impacts and the residents’ attitudes towards the proposed project amongst others. The questionnaire composed both open and closed ended questions. Since it is not feasible to study the entire Githurai population which will be served by the proposed CRS project, a sample population was selected. According to Black and Champion (1976), a sample is a portion of elements from a population, which is considered to be representative of the population. Outcomes of Consultation Process i. Job creation NAMSIP Page 81 of 141 Githurai Railway Station Draft ESIA Report Version: Final The community highlighted that the proposed commuter rail station would lead to job opportunities either directly or indirectly to the local residents. They were of the opinion that the contractor to give first priority to the youth and women in the proposed area. ii. Reduction of travel time Another additional benefit will be improved transport services as improvement of the station will increase attraction to the nearby population to use train services hence decongesting the roads. This in return, will ensure that people save time. This also means that costs of travel from one point to the other will be lowered because of shorter time taken to travel iii. Noise Pollution The residents were concerned about the likelihood of noise pollution from vibration of constructing machines and vehicles - the ESIA team assured them that they would advise the contractor in the Environmental and Social Management Plan (ESMP) to ensure that they use environmental friendly machines and ensure they use lorries that will carry huge volume of construction material loads instead of using many small lorries. iv. Air Pollution The residents were concerned about the likelihood of air pollution this will result from dust emitted from moving vehicles and while excavating site for the foundation. The ESIA team assured them that they would advise the contractor in the ESMP to ensure that they sprinkle water on the roads they intend to use whenever they will be transporting materials and they provide dust masks to the workers who will be engaged during construction. v. Public sensitization and notification The residents especially those with small scale businesses along the railway way leave area insisted on the need to be sensitized and notified before the project commences .The KRC representatives will have to sensitize and notify the community before project implementation so as they can look for alternative areas to relocate their businesses. vi. Project acceptance and support – NAMSIP Page 82 of 141 Githurai Railway Station Draft ESIA Report Version: Final All the residents who were interviewed were in full support and in acceptance of the Proposed CRS project. NAMSIP Page 83 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER SIX 6 ALTERNATIVES TO THE PROJECT 6.1 Introduction The Environmental and Social Impact Assessment Study should identify and assess alternatives to the proposed development/project. Only the best alternative (one with the least adverse impacts) should be selected based on less negative impacts and cost-benefit analysis. An important alternative to be analyzed always is the “no project�. This is a very important analysis because it helps the proponents measure the impacts from the project against those which would have taken place without the project. This section analyses the project alternatives in terms of site, technology and waste management options. 6.2 Relocation Option Relocation option to a different site is not an option available for the project implementation as this project is to improve accessibility and mobility to an already established rural – urban area of Githurai. 6.3 No Project Alternative ‘ZERO’ The no-project alternative is often defined by the baseline information and is crucial in the assessment of impact because other alternatives are weighed with reference to it. From the qualitative analysis and the summary of the proposed site for the project, there will not be any significant negative effect on either the bio-physical or the socio- cultural environment of the proposed project. Without the project, the environmental situation will neither improve nor can we say that it will necessarily deteriorate. The no- project option will however lead to the following (general) major negative and long term impacts:  The economic status of Kenyans and the local people would remain unchanged.  The railway station would remain largely under-utilized as it is currently.  No employment and business opportunities will be created for thousands of Kenyans local citizens who will work in the project area.  Discouragement for investors and loaners  Development of infrastructural facilities (roads and associated infrastructure) will not be undertaken.  Likely Levels of Poverty will increase or remain the same NAMSIP Page 84 of 141 Githurai Railway Station Draft ESIA Report Version: Final The No Project alternative is therefore not a viable alternative as the proposed CRS project will relieve the Railway Transport problems people within Githurai and Nairobi Metropolitan Region in general. 6.4 Analysis of Alternative Construction Materials and Technology The proposed project will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. The railway station works will be made using locally sourced materials that meet the Kenya Bureau of Standards requirements. The consultant presented three options for QW construction materials which are: 1. Option 1. Traditional material. This is primarily represented by concrete structures, and concrete or clay bricks 2. Option 2. Steel frame and precast concrete/granite panels 3. Option 3. Steel frame and thermo-acoustic aluminum panels The construction materials selected for the modules by the Client is Option 2 as outlined below:  Concrete foundation  Metallic structures for columns, beams and roof  Thermo-acoustic panel for the roof  Precast concrete panels  Security windows  Metallic doors and louvers  Granite tiles in the floor and/or concrete finishing non-skid with hardener in the floor These materials were selected for these advantages:  Use of recycled materials  Reduction in noise levels at construction sites  Reduction in the amount of construction waste  Reduction in transport cost  Reduction in site disturbance  Savings in construction time and cost 6.4.1 Solid Waste Management Alternatives A lot of solid wastes will be generated from the proposed project. An integrated solid waste management system is recommendable. First, the proponent will give priority to NAMSIP Page 85 of 141 Githurai Railway Station Draft ESIA Report Version: Final reduction at source of the materials. This option will demand a solid waste management awareness programme in the management and the staff. Recycling and reuse options of the waste will be the second alternative in priority. This will call for a source separation programme to be put in place. The third priority in the hierarchy of options is combustion of the waste that is not recyclable. Finally, the proponent will need to establish agreement with Githurai local authority to ensure regular waste removal and disposal in an environmentally-friendly manner. In this regard, a NEMA registered solid waste handler would have to be engaged. This is the most practical and feasible option for solid waste management considering the delineated options 6.4.2 Fundamental Alternatives Fundamental alternatives are developments that are totally different from the proposed project and usually involve a different type of development on the proposed site, or a different location for the proposed development. The proposed project targets at construction of Quick Wins Commuter Rail Station in Githurai for its residents. The Githurai Community is in need of efficient and reliable rail station thus the need. The fundamental alternative of a development other than the proposed CRS is therefore not feasible in this instance. For this reason no alternatives will be considered. 6.4.3 Incremental Alternatives Incremental alternatives are modifications or variations to the design of a project that provide different options to reduce or minimize environmental impacts. There are several incremental alternatives that can be considered, including: The design or layout of the activity. The technology and materials to be used in the activity as discussed above and below. 6.4.4 Layout alternatives The current layout of the station has constrained different layouts to be considered due to the existing railway line, which will not be changed at this time. However, different layouts were considered during the design, which looked at the space available, estimated number of commuters to be served by the railway, environmental and social impacts, and other amenities to be incorporated in the stations such as the parking, security, access roads, etc. The different layouts were discussed at length with the project proponent and the final designs agreed upon, maximized on the space available, and in considerations of the other requirements and environmental and social aspects of the project. The layouts were also presented to the key stakeholders NAMSIP Page 86 of 141 Githurai Railway Station Draft ESIA Report Version: Final during consultations and there were no issues raised regarding the final layouts. The final layout are presented in Annex 3 of this report. NAMSIP Page 87 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER SEVEN 7 ENVIRONMENT AND SOCIAL IMPACTS 7.1 Introduction This chapter provides an analysis of the potential impacts likely to emerge from implementation of project activities, therefore development of a checklist of environmental impacts. The impacts were interpreted based on a ranking system of high, moderate and low depending on the nature, scope (temporal and geographical) and resilience of the impacts. They can be positive or negative, direct or indirect and the magnitude of each impact is described in terms of being significant, minor or negligible, temporary or permanent, long-term or short-term, specific (localized) or widespread, reversible or irreversible. Generally, temporary impacts having no obvious long-term consequences are regarded as being minor but those with long-term repercussions are classified as significant. Significant positive impacts are usually associated with improved access, which is the prime objective of the Githurai railway station project. The impacts of the project during each of its life cycle stages (construction, operation and decommissioning) are categorized into: impacts on the biophysical environment; health and safety impacts and socio-economic impacts. 7.2 Methodology This chapter identifies and discusses the potential impacts associated with the proposed construction Project. The impacts are identified across the three phases namely: Construction Phase (including impacts due to project location), Operational Phase and Decommissioning Phase. Environmental impacts may result from the activities that are undertaken during the respective project phases discussed in section 2.6 of this Report. 7.2.1 Impact Identification and Assessment Several environmental impacts (positive and negative) associated with the proposed project were identified through field work, desktop analysis and the use of experts’ judgment method. The following section highlights the impacts anticipated throughout the lifecycle of the proposed project. The impacts identified have been rated using a specific methodology elaborated in this chapter. 7.2.2 Steps of Impact Assessment The potential impacts of the proposed project were assessed using the following steps: NAMSIP Page 88 of 141 Githurai Railway Station Draft ESIA Report Version: Final a) Characterization of the baseline conditions or rather the existing conditions before the Project is undertaken and any effects are generated; b) Description of the Project components throughout the Project lifespan (construction, operation and decommissioning); c) Evaluation of alternatives to the Project to see if impacts can be reduced; d) identify sources of impacts and the impacts themselves that are generated by any aspect of the Project; e) Rating of impacts before any mitigation (for negative impacts) or enhancement (for positive impacts) is implemented; f) Identification of mitigation and enhancement measures to address the impact; and g) Rating impacts after mitigation to produce a “residual� impact rating 7.2.3 Impacts Rating Criteria In this assessment the approach based on environmental health and safety risk rating system, has been adopted in order to rating potential social and environmental impacts related to the proposed project. It is important to note that there is no legal definition of significance of the impacts and therefore its determination is partially subjective. The impacts rating approach has focused on the following aspects:  Nature of the impact: Positive or Negative  Term of impact: Short, Medium or Long Term  Likelihood of the event: Low, Medium or High  Changeability: Reversible or Irreversible. An impact is reversible when the environment can return to its natural state after a mitigation action. In case of positive impact, reversibility means that the positive effect ends  Duration: Temporary or Permanent  Localization: Localized or Widespread. All the above aspects are synthesized in the Magnitude that is set as shown in the following chapter. 7.2.3.1 Potential Impacts Magnitude: severity and enhancement The severity or enhancement magnitude of each potential impact has been rated using the following criteria: NAMSIP Page 89 of 141 Githurai Railway Station Draft ESIA Report Version: Final Table 7-1: Severity Criteria (Negative Environmental Impacts) Magnitude: Duration Description Severity 1=Low level Short-term (up Affects environmental conditions, species, and habitats over a of severity to one year) short period of time, is localized and reversible. Low frequency 2=Medium Medium-term Affects environmental conditions, species and habitats in the level of (one to seven short to medium term. Ecosystems integrity will not be adversely severity years) affected in the long term, but the effect is likely to be significant Medium or in the short or medium term to some species or receptors. The intermittent area/region may be able to recover through natural regeneration frequency and restoration. 3=High level Long-term (more Affects environmental conditions, species and habitats for the of severity than seven long term, may substantially alter the local and regional years)/ ecosystem and natural resources, and may affect sustainability. Irreversible Regeneration to its former state would not occur without Constant intervention. frequency Affects environmental conditions or media over the long term, has local and regional affects or is irreversible NAMSIP Page 90 of 141 Githurai Railway Station Draft ESIA Report Version: Final Table 7-2: Severity Criteria (Negative Social or Health Impacts) Magnitude: Duration Extent Ability to Socio-cultural Health Severity Adapt Outcome Outcome 1=Low Short-term Those affected Inconvenience Event resulting level of (up to one Individual/ will be able to but with no in annoyance, severity year) Household adapt to the consequence on minor injury or Low changes with long-term illness that does frequency relative ease, livelihoods, not require and maintain culture, quality of hospitalization pre-impact life, resources, livelihoods, infrastructure and culture, quality services. of life and health. 2=Medium Medium- Small Those affected Primary (direct) Event resulting level of term (one to number of will be able to and secondary in moderate severity seven households adapt to (indirect) impacts injuries or years) change, with on livelihoods, illness, which Medium or some difficulty, culture, quality of may require intermittent and maintain life, resources, hospitalization frequency pre-impact infrastructure and livelihoods, services culture, quality of life and health but only with a degree of support 3=High Long-term Large part Those affected Widespread and level of (more than or entirely will not be able diverse primary severity seven to adapt to and secondary years)/ changes and impacts likely to Irreversible continue to be impossible to Constant maintain pre- reverse or frequency impact compensate for. livelihood NAMSIP Page 91 of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.3 Positive Impacts 7.3.1 Construction stage During the construction period, there is a likelihood of having the following impacts: 7.3.1.1 Creation of employment opportunities Many job opportunities will be available for construction workers during the construction phase of the project. Employment opportunities are a benefit both in economic and social sense. For the construction development non-skilled labour, from the local community, will be hired. Although only during the duration of the project, t several workers including casual labourers, masons, carpenters, joiners, electricians and plumbers are expected to work on the site during the construction. 7.3.1.2 Increased trade with construction workers: The construction workers required will provide ready market for various goods and services, leading to several business opportunities for small-scale traders such as shop owners, accommodation providers, and food vendors near the project site. 7.3.1.3 Business opportunities in supply of materials and utilities The project will require supply of large quantities of construction materials, which will increase revenue for local businesses at Githurai area, such as cement, steel, and other miscellaneous materials required for construction that can be sourced locally Operational phase During the operation phase the following positive impacts are foreseen: 7.3.1.4 Enhanced delivery of services This is a long-term impact due to the opening of the railways station, consisting in improving access to social services e.g. health facilities. 7.3.1.5 Improved transport efficiency for people and cargo The opening of the railways station will improve efficiency of transportation of people, delivery of agricultural products to market centres. It will also ease connectivity within the Nairobi Metropolitan other major towns served by the railway line and beyond. 7.3.1.6 Attraction of new investors in the area The improvement of the railway station means Githurai will be easily accessible, thereby attracting new investors and traders in the area. This translates to economic NAMSIP Page 92 of 141 Githurai Railway Station Draft ESIA Report Version: Final growth in the area near the railway station. Increase in investors has the potential to increase in land value for property owners near the railway station’s area of influence. 7.3.1.7 Improved trade The trade from and to the city will be improved and this will also give an opportunity of opening up the area around the project site to trade. More to opening up the trade centres, the delivery of farm produce, like vegetables, fruits livestock to market centres will be more efficient. Livestock and crop trade is expected to increase because of the ease of transportation coupled with the reduced cost and time of travel. 7.3.1.8 Reduction of air pollution from vehicle emissions One of the aims of this project is to decongest the highways, and decrease the car circulation within the Nairobi Metropolitan through an efficient railway transport. Reduction and decongestions of vehicles on the highways translate to reduction of air pollution brought about by emissions from vehicles. 7.3.1.9 Aesthetic quality The new railway station, with its associated access road and other amenities will improve the aesthetics of the area, better than its current situation. 7.3.1.10 Revenue to national and local governments Through payment of relevant taxes, rates and fees to the government and the local authority, the project will contribute towards the national and local revenue earnings from those using the improved facilities, and any increase from economic activities brought about by the improved station. 7.3.1.11 Improved Drainage One of the key enhancements of the railway station is the drainage system. It will integrate the existing infrastructure and topography such that it efficiently manages the surface runoff and avoid flooding at the station during heavy rains 7.3.1.12 Improved Security The access road to the railway station and its amenities such as pedestrian footpaths, street and flood lights will enhance the security in the area, which is currently lacking NAMSIP Page 93 of 141 Githurai Railway Station Draft ESIA Report Version: Final for commuters accessing the station. This will encourage more commuters served by the station and the surrounding areas to use the railway transport. 7.4 Negative Impacts 7.4.1 Impacts due to project Location 7.4.1.1 Impacts on cultural heritage Within the project influence area, there is no known historical or archaeological property located within a 10km radius. There are no graves or cemetery noted at the project site, hence no impact arising from the project activities is anticipated. If any archeological properties are discovered during construction activities, care will be taken to either preserve them, or contacting the related ministry of cultural heritage through the Museum of Kenya for “chance finds� to ensure preservation and or collection of the properties. 7.4.2 Construction stage 7.4.2.1 Disruption and damage of public utilities There is potential for a few disruptions of public utilities, especially the electric power and some water lines, especially the ones that might be located along the access road to the station. Although minimal, disruption of electric power will occur during connection of power to the station. During transportation of materials to construction site, the use of already existing tarmacked roads to the site may lead to damage on paved surfaces if axle load weight is not observed, resulting to poor roads, and spending more money repairing the affected roads. 7.4.2.2 Pressure on water resource and on public water supply The construction activities and the workers influx will require substantial quantities of water that is not easily available in the area, which will create additional demand for water to the existing demand. Although short term, the high demand may strain the current water resources and needs for the local people. 7.4.2.3 Air Quality degradation Emissions in forms of dust, particulate matter, fugitive emission and, exhaustion from project machines and equipment are anticipated during the project construction phases. Construction activities and vehicles can also increase dust emission in the area. These emissions emanating from construction equipment and vehicles, and dust NAMSIP Page 94 of 141 Githurai Railway Station Draft ESIA Report Version: Final are known to have adverse impact on the environment, plant and human health including effect on the upper to lower respiratory infections and silicosis condition.  Activities likely to generate dust include: cement production and use, excavation of dry grounds excavation, construction, leveling works, and to a small extent, transport vehicles delivering materials.  Activities likely to generate particulate matter include loose material transportation, vehicle and machines exhaust emissions, operations at the batching plant, stone crushing machines, fire among others. Some of the particulate matter to be generated include sand, soot, cement, gravel and murram, among others; and  Exhaust emissions likely to be generated include smoke, hydrocarbons and nitrogenous gases among others pollutants from vehicles, machinery and equipment exhausts. Such emissions can lead to several environmental impacts including global warming and health impacts. Quantities of building materials are required, some of which are sourced outside Githurai, and such emissions may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are sourced and at the construction site as a result of frequent running of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas. All of these emissions may lead to significant impacts on construction workers and the local residents, with the risk of suffering respiratory diseases. The emissions expansion will be accentuated during dry weather conditions from January to March. The movement of trucks and other equipment in the project area during the works implementation will cause dust if the works will be in dry weather. This noise and dust may also affect the schools/hospitals in the vicinity of the construction works. 7.4.2.4 Exposure to noise and vibrations Levels of noise and vibrations typical of construction works will be generated during the construction phases. They will be generated during transportation and building processes i.e. from the use of machinery/equipment including bulldozers, generators, tippers and concrete mixers and the heavy trucks delivering construction materials. NAMSIP Page 95 of 141 Githurai Railway Station Draft ESIA Report Version: Final This might contribute to high levels of noise and vibration within the construction site and the surrounding area during their operation. Elevated noise and vibration levels within the site are adverse to the health and safety of the project workers, the residents, passers-by and other persons and animal within the vicinity of the project site. Vibration resulting from heavy earth moving equipment is expected to impact on human settlements, educational institutions, health facilities and commercial centres. This effect will however be localized and temporary in duration. 7.4.2.5 Soil Erosion Removal of soil cover and excavation works associated with this project may lead to increased soil erosion at the project site and release of sediments into the drainage systems, especially if construction works are done during the rainy seasons. Soil erosion may also pollute local streams/rivers from contaminants carried with or attached to soil particles and it may also negatively affect the soil fertility of the affected land. 7.4.2.6 Impacts on Biodiversity Construction activities at the project site will require stripping of top soils and clearance of any trees and vegetation where the facilities will be located Although minimal, a few species such as grasses will be cut to pave way for new facilities. They will be replaced after the project is complete. 7.4.2.7 Solid waste generation Solid waste will be generated at the site during construction of the railways station and related infrastructure. Such waste will consist of demolition and excavated materials, metal drums, surplus spoil materials, empty paint and solvent containers, paper bags, empty cartons, waste oil, and waste bitumen, among others. At the end of the construction stage waste will be generated due to the demobilization of contractors and RE’s camps. Such waste will consist of demolition, rejected materials, paper bags, and empty cartons, among others. This may be accentuated by the fact that some of the waste materials contain hazardous substances, are not biodegradable and can have long-term and cumulative effects on the environment. NAMSIP Page 96 of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.4.2.8 Possible pollution from waste oils and fuel spills Poor maintenance and operation of heavy trucks and equipment might lead to oil and fuel spills at the construction site which may contaminate land and water resources in the area. Other wastes include waste from paints and their cans and bitumen during paint works and road construction respectively. Release of hydrocarbons to the environment has several impacts including sub-soil and groundwater contamination; air pollution, fire and effects on human health due to dermal contact, inhalation or ingestion. 7.4.2.9 Construction works induced traffic Activities related to construction works will undoubtedly induce uncharacteristic levels of additional vehicular traffic at the site and roads leading to the site. Related issues of vehicle congestion and reckless driving by truck drivers delivering construction materials to the site will be sources of potential accidents to road users and pedestrians, disturbance of normal living conditions to the local population, dust pollution, etc. during the construction phase. 7.4.2.10 Increased Energy consumption The project will consume fossil fuels (mainly diesel) to run transport vehicles and construction machinery. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability. The project will also use electricity supplied by Kenya Power (KP) Ltd. Electricity in Kenya is generated mainly through natural resources, namely, water and geothermal resources. In this regard, there will be need to use electricity moderately since high consumption of electricity negatively impacts on these natural resources and their sustainability. 7.4.2.11 Induced Informal settlements There is a likelihood of induced settlement during construction activities for small traders such as food kiosks and informal settlements created by the needs and demand of such services by the construction workers near the project area. This informal settlement might go beyond construction period, posing a threat to future development of the area through settlement on public land and facilities such as road corridors. NAMSIP Page 97 of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.4.2.12 Social-economic impacts During construction, the project will have clear benefits with regard to local employment opportunities. The project will additionally require various skills and services which may not be available on the local level but certainly on the regional level, e.g. pipe fitters, plumbers, etc. for which appropriate personnel will be contracted. The increase in employment will temporarily lead to an overall increase of income directly and indirectly (through increased demand of other local services). New businesses will grow such as food vending to construction workers. 7.4.2.13 Social unrest from local population if locals are not recruited There is potential of local people if there people from the area are not considered for employment. This can bring negative publicity to the project during the construction period of the project, including stoppage of works that can delay the project progress. 7.4.2.14 Possible proliferation of social vices The project will attract new people to the area, especially unskilled construction workers, and increase the amount of disposable cash in the area, especially for local traders and business people. This may lead to increase of crime in the area. 7.4.2.15 Sanitation concerns for the construction crew Workers at the construction site will require sanitation facilities during construction period, which if not well maintained and cleaned, may lead to outbreaks of illnesses such as cholera, hepatitis, typhoid etc. 7.4.2.16 Occupational Health and Safety Issues Construction workers will be exposed to risks of accidents and injuries during construction activities. Such injuries can result from accidental falls from high elevations, injuries from hand tools and construction equipment cuts from sharp edges of objects and risk of vehicular accidents. Other injuries or fatalities may result from workers operating equipment without adequate training or with lack of PPE, or extended exposure to outdoor weather resulting in heat related lethargy. This is considered a short-term impact that has potential long-term implications. Risks of injuries and accidents may also happen to local people if the site is not well secured through falls at excavated areas and by construction vehicles. NAMSIP Page 98 of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.4.2.17 HIV/AIDS and Sexually Transmitted Infections (STIs) Construction projects are associated with an increase in sexually transmitted diseases such as STIs and, HIV/AIDS due to the influx of immigrant workmen interacting with the local people. Construction teams, as well as the greater number of drivers, who are expected to pass through the trade centres and settlements, can also cause social upheaval among communities near the site. 7.4.2.18 Child protection The laws of Kenya prohibit contractors from “employing children in a manner that is economically exploitative, hazardous, and detrimental to the child’s education, harmful to the child’s health or physical, mental, spiritual, moral, or social development. It is also important to be vigilant towards potential sexual exploitation of children, especially young girls. The contractor should adopt a ‘Child Protection Code of Conduct’; that all staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behavior. 7.4.2.19 Gender equity and sexual harassment There is a potential that gender inequality might occur during project construction through unequal distribution of work, discrimination against women, and unequal pay for women, among others. Sexual harassment against women might also happen as a result of mixing of women and men at the construction site. 7.4.3 Operational phase 7.4.3.1 Increased storm water Storm water from the roof catchment and surface run-off may pose some environmental issues which can lead to increased erosion or flooding in the neighboring areas if not adequately mitigated. 7.4.3.2 Induced Development The project influence area is not heavily developed, and with the construction of the proposed project, it is expected that the area will grow; therefore the demand for housing will rise drastically in the near future to meet the housing and commercial requirement of the people settling along the area. Therefore, lack of controlled development might induce mushrooming of informal settlement and sub-standards housing around the project’s influence area. NAMSIP Page 99 of 141 Githurai Railway Station Draft ESIA Report Version: Final 7.4.4 Construction Camp Construction camp will be set up in the project site. This camp will be used as site office and as storage facility. The contractor should develop an ESMP for the Camp site. 7.4.5 Decommissioning Activities 7.4.5.1 Solid waste generation After construction, the contractor will be required to remove and clear away all the remaining construction materials and stores from the site. This will generate some solid waste which he will have to dispose to his yard or at an approved dump site. Although minimal, negative impacts anticipated include generation of dust, and some noise during demolition process. NAMSIP Page 100 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER EIGHT 8 THE ENVIRONMENTAL, SOCIAL MONITORING AND MANAGEMENT PLAN (ESMMP) 8.1 Significance of ESMMP The purpose of the Environmental and Social Management and Monitoring Plan is to initiate a mechanism for implementing mitigation measures for the potential negative environmental impacts and monitor the efficiency of these mitigation measures based on relevant environmental indicators. The EMMP assigns responsibilities of actions to various actors and provides a timeframe within which mitigation measures can be implemented, supervised and monitored. Further, it provides a checklist for project monitoring and evaluation. The objectives of the ESMMP are:  To provide evidence of practical and achievable plans for the management of the proposed project.  To provide the Proponent and the relevant Lead Agencies with a framework to confirm compliance with relevant laws and regulations.  To provide community with evidence of the management of the project in an environmentally acceptable manner. The ESMMP outlined below will address the identified potential negative impacts and mitigation measures on the following project stages: I. Pre-construction and Construction Phases ESMMP II. Operation Phase ESMMP and III. Decommissioning Phase ESMMP. 8.2 The Environmental and Social Management Plan The construction Contractor will be responsible for the implementation of the construction phase ESMP. The Contractor will identify responsibilities and organization required to implement the accountabilities of the construction phase ESMP. The construction phase ESMP will apply to the Principal Contractor and all Sub-contractors. The Contractor will also be responsible for developing and implementing a site specific induction for all construction workers. This induction will include all EHS hazards and their control measure. The Contractor will ensure that all construction workers are NAMSIP Page 101 of 141 Githurai Railway Station Draft ESIA Report Version: Final trained and competent and hold the appropriate certification for the tasks that they will be undertaking. A preliminary environmental management and monitoring outline has been developed for the project works. Responsibility for the incorporation of mitigation measures for the proposed project lies with the Proponent, who must ensure specified mitigation measures are implemented and monitored. The table below summarizes the environmental, social monitoring and management plan for the proposed project. They describe parameters that can be monitored, and suggest how monitoring should be done, how frequently, and who should be responsible for implementation and monitoring. The estimated costs for the various mitigation measures have been provided where possible. It will be noted that most of these measures will be part of the project’s operational costs. 8.2.1 Pre-construction and construction Phases ESMMP The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction phase of the project is as outlined below: NAMSIP Page 102 of 141 Githurai Railway Station Draft ESIA Report Version: Final Table 8-1 :–Environmental Management and Monitoring plan Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) Loss of vegetation CONSTRUCTION Design (c) check and follow Project Included in the PHASE Engineer, specifications in the Engineer Continuous BoQ under  Minimize clearing of Project drawings and plans during excavations unnecessary areas at Engineer and (c) Minimal clearance of construction & KShs. the construction site Contractor vegetation and soil Contractor operation 6,716,426.50  Replant vegetation stripping phases through landscaping upon completion OPERATION PHASE  Replenish vegetation at the station regularly  Proper maintenance of trees and other vegetation at the station soil erosion CONSTRUCTION Design Contractor PHASE Engineer, (c ) and (o) During rainy Included in the  Construct efficient Project  Soil erosion levels seasons BoQ under drainage structures Engineer and Drainage (culverts, mitre drains, Contractor Structures scour checks etc.) KRC  Control earthworks Normal through cascading maintenance gabions and budget of the distribution channels station during for storm water operation NAMSIP Page 103 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs)  Protect excavated sections of the route of storm water during heavy rains  Provide erosion channels to natural drains and rivers/streams to minimize erosion  Design to incorporate existing drainage pattern and avoid disturbing the same OPERATION PHASE  Regular cleaning and proper maintenance/repair of drainage structures Disruption of DESIGN and Contractor Public Utilities CONSTRUCTION Project (c ) Down time of (c) daily Budget under PHASE Engineer and utilities affected provisional  Design to incorporate Contractor sums of existing public utilities Utilities  Complaints from Utilities and avoid disturbing providers the local residents the same  No of disruptions  Contractor to generate utility management plan  Contractor to NAMSIP Page 104 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) minimize damage to public utilities CONSTRUCTION Project inspection / Contractor Air Pollution PHASE Engineer, observation daily/random   Speed control of Contractor,  Dust level – Equipment - vehicles accessing Traffic police particulate matter costs build in the site  Exhaust fumes the planning  Construction of from the vehicles and bumps along access  Maintenance levels administration road to the station of plant and costs of the  Regular watering of equipment contractor access roads and equipment work sites  Proper maintenance of construction equipment per the manufacturer requirements CONSTRUCTION Project inspection / Contractor daily/random Noise pollution PHASE Engineer and observation Costs build in  Regular Contractor the planning Sensitization of  Noise level at the and workforce and construction site administration residents on  Number of costs of the potential noise Complaints from contractor levels the residents  Controlled operation of construction plant NAMSIP Page 105 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) and equipment  No blasting shall be done on site Water Resources CONSTRUCTION Contractor Usage PHASE Project Inspection /method of Wrma (c) monthly Costs build in  Develop water Engineer and waste collection the planning abstraction plan to Contractor and minimize conflict with  Complaints from administration local residents WARMA the neighbouring costs of the  Manage use of piped communities or the contractor water and other water authorities sources mainly used Amount of water by local people abstracted  Abstraction licenses should be obtained from the required authority (WARMA) OPERATION PHASE Contractor  Monitor water KRC inspection (o) monthly wastage and usage  Amount of water Normal during operational used maintenance stages of the station  Repairs and budget  Install pressure taps damaged water that minimize and facilities time usage  Repair damaged taps and toilets to minimize waste Water Pollution DESIGN and Contractor NAMSIP Page 106 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) CONSTRUCTION Project Inspection (c) daily Costs build in PHASE Engineer and the planning  Incorporate erosion Contractor  Discharge into (o) regularly and control measures water bodies administration during construction at Sub-County  Complaints from costs of the the site Health & the neighbouring contractor  No oils and fuels Environmental communities or the & should be stored on Officer, NEMA, authorities Maintenance the construction site – WARMA  Inspection status of costs of the small works KRC streams, rivers and station  Maintenance, re- wetlands in the fueling and cleaning area of influence of equipment should NOT be done at construction site by the contractor – but in a licensed garages outside the station area  The station design to incorporate oil sumps at the parking areas to isolate oil spills from parked vehicles that might spill to the storm drains  No solid waste, fuels or oils shall be discharged on land surface, into drains or NAMSIP Page 107 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) streams OPERATION PHASE  Monitor oil spills and other leakages at the station and parking lots  Regular cleaning of oil sumps and storm water drains at the station Traffic safety Contractor to prepare a Project contractor Traffic Management Engineer and Inspection and accident Monthly Costs build in Plan for approval to Contractor reports the planning and address the following Local Police, ( c) & (o) - No of administration issues; KRC accidents costs of the  Initiation of a safety contractor program and ( c) & (o) - Complaints measures by creating from the local people awareness and educational ( c) Adherence of campaigns for insurance and traffic workers and local Act requirements communities  Installation of appropriate road signage, speed signs, and other warning signs at the site and NAMSIP Page 108 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) access roads  Copies of insurance policies for the contractor’s drivers and vehicles should be provided to the Supervision Consultant.  The contractor’s vehicles and equipment must be in proper working condition and have registration plates, and numbering.  The contractor ensures proper driving discipline by its employees, and sanctions those in breach.  Excavated sites, embankments, and dangerous locations are protected with proper safety barriers, tape and warning signs.  Maintain a log detailing every NAMSIP Page 109 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) violation and accident on site or associated with the project work activities, including the nature and circumstances, location, date, time, precise vehicles and persons involved, and follow-up actions with the police, insurance, families, community leaders, etc. (including during operation stages) Settlement/Induced CONSTRUCTION Inspection/observation Proponent settlement changes PHASE KRC, Local Number of informal (KRC) monthly No direct costs  Ensure the station is sub-county settlements coming up fenced off to Authorities near the project discourage informal settlement and trading within the premises  Discourage informal settlement near the station Social Issues - CONSTRUCTION Contractor, (c ) observation Contractor No direct costs employment PHASE Project /reports Monthly to EMMP, The Engineer  Number/percentage costs build in the planning of local workers from and NAMSIP Page 110 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) proponent/contractor to the local communities administration prioritize hiring locals  Complaints from costs of the local residents contractor and women must be  Number of females encouraged to be employed involved in construction  Checking identity card for all work employees  Grievances issues The contractor shall related to child ensure compliance to offences and employment of the gender balance as minors in the GRM required by the 2/3 reports gender rule  Reports from local law enforcement The contractor shall agencies. comply to the provisions of IFC PS 2: Labour and Working Conditions and WIBA 2007 NAMSIP Page 111 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) The contractor must ensure avoidance of employment and discrimination and harassment of minors at the site. Workers and  Contractor to provide Contractor, contractor No direct costs commuters health clean and adequate Project Inspection/observation/ Daily to EMMP, and sanitation sanitation facilities for Engineer reports Monthly reports costs build in the workers at all  Number of sanitation the planning times KRC facilities and  Contractor shall also  Sanitation facilities administration provide clean drinking cleanliness costs of the water at the  Number of disease contractor construction site for outbreaks & Normal his workers at all maintenance times costs during OPERATION PHASE operation  Project proponent to provide clean and adequate sanitation facilities for the commuters Security and Crime  Proper design Contractor, Contractor No direct costs NAMSIP Page 112 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) incorporating lighting Project Reporting Monthly to EMMP, to enhance security at Engineer  Number of crimes costs build in the station Local police reported the planning  Sensitize the KRC and construction workers, administration locals, and security to costs of the be on the lookout on contractor suspicious activities & Normal near the station operational  Liaise with the costs during administration units operation (County and sub county governments, Police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and commuters CONSTRUCTION Contractor, observation / reports Contractor HIV/AIDS, STDs, PHASE Project  No of HIV/AIDs Monthly a) HIV/AIDS  Sensitize workers and Engineer programs awareness the surrounding conducted by the campaign community on Sub-county contractor b) HIV/AIDS awareness, Health &  No of testing, prevention prevention and Environmental counseling campaign management of HIV / Officer, local provided AIDS through staff sub-county  Prevalence of Approx. Kshs training, awareness authorities prostitution, as per campaigns, HIV/AIDS and provided in the NAMSIP Page 113 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) multimedia, and STDs in the area BoQ workshops or during during construction KShs. community Barazas; period 4,000,000  Reduce risk of transfer through provision of male and female condoms for all workers;  Provide free STI and HIV/AIDS screening, diagnosis, counseling for workers and local people near the site OPERATION Continuous PHASE Environmental observation / reports  Maintain a continuous Unit at KERRA  Information flow,  Response awareness program dissemination and to HIV/AIDS on health issues awareness on issues related to STDs and HIV/AIDs HIV/AIDS at the  No of posters at the station, e.g. installing station posters at the station CONSTRUCTION Inspection Contractor Solid Waste PHASE Contractor and  Disposal methods weekly Costs build in  Establish a well- Project of solid waste from the planning planned method of Engineer the site and solid disposal of  Complaints on administration debris/ garbage at health and safety costs of the the camp site aspects related to contractor  Develop an ESMP construction NAMSIP Page 114 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) for the camp site activities  Site cleanliness  Amount of waste/debris on site  Adherences to ESMP for the camp site developed by the contractor OPERATION PHASE Inspection Contractor KRC budget  Provision of disposal KRC  Accumulation of daily bins at designated Local Sub- garbage at the areas at the station county council station  Regular collection  Complaints by and disposal of commuters garbage by the project  Number of drainage proponent areas clogged  Clean storm water  Facilities drains to minimize cleanliness clogging Occupational inspection Contractor Health and Safety CONSTRUCTION Project Monthly Standard PHASE Engineer and  No of PPEs conditions of  Provide medical and Contractor provided contract for insurance cover for Sub-county  Workers OHS WIBA all workers Health & compliance (use  Provide adequate Environmental and adequacy) Health & and right safety Officer  Number of Safety for tools, and enforce construction Workers and NAMSIP Page 115 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) use of PPEs to all activities related Equipment - workers accidents Kshs  Appoint a fulltime 6,000,000 OHS personnel  Ensure provisions of first aid for staff , insurance, and access to ambulance service at all worksites, and arrangement to access local hospital/dispensary with qualified medical staff by workers  The site shall be fenced off and provided with security at the access gates to reduce potential accidents and injuries to the public CONSTRUCTION observation Responsibility Child protection PHASE Contractor, /reports/random checks for Regularly No Direct  Ensure no children Project monitoring costs are employed on site Engineer,  Inspection of in accordance with employees working national labor laws at the site NAMSIP Page 116 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs)  Ensure that any child  Labour Records by sexual relations the contractor offenses among contractors’ workers are promptly reported to the police Gender equity and CONSTRUCTION Contractor, observation /reports Project monthly Sexual harassment PHASE Project Engineer No direct costs  Contractor to prepare Engineer,  Number of to EMMP, and enforce a No incidences costs build in Sexual Harassment  Number of women Contractor the planning Policy in accordance employed and with national law  Labour Records by administration where applicable the contractor costs of the  Contractor and contractor implementing agency to prepare and implement a Gender Action plan to include at minimum, in conformance with local laws and customs, equal opportunity employment, gender sensitization  Provision of gender disaggregated bathing, changing, sanitation facilities NAMSIP Page 117 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs)  Grievance redress mechanisms including non-retaliation Loss of life, injury, CONSTRUCTION Contractor, Contractor No direct costs or damage to PHASE Project to EMMP, people and private  Contractor shall Engineer, costs build in property maintain records and the planning making reports and concerning health, administration safety and welfare of costs of the persons, and damage contractor to property, as the RE may reasonably require  Insuring against liability for any loss, damage, death or bodily injury which may occur to any physical property or to any person which may arise out of the contractor’s performance of the contract  Insuring against liability for claims, damages, losses and expenses (including legal fees and NAMSIP Page 118 of 141 Githurai Railway Station Draft ESIA Report Version: Final Project Proposed Mitigation Responsibility Parameters for Responsibility Timing - Estimated Environmental and Aspects for for Monitoring/ Indicators for Recommended Mitigation & and Monitoring intervention (c ) – construction monitoring frequency of Monitoring Social Impact during design, (o) - operations monitoring costs to be construction included in and defects the BoQ liability period (Kshs) expenses) arising from injury, sickness, disease or death of any person employed by the contractor or any other of the contractor’s personnel.  The construction site shall be fenced off to prevent access to members of the public Chance Finds The contractor should Contractor, Construction phase Contractor Constant No cost have and implement proponent, monitoring implication the Chance Finds NCG during Procedure set out in excavation Appendix 9 in the event that cultural heritages is discovered TOTAL APPROXIMATE COSTS OF ESMMP Kshs. 16,716,432.50 NAMSIP Page 119 of 141 Githurai Railway Station Draft ESIA Report Version: Final 8.2.2 Grievance Redress Mechanisms (GRM) Proper and strong Grievance mechanisms are very important in ensuring the stakeholders grievances and issues as they relate to the proposed project are addressed in a timely and appropriate manner, to enhance the relationship between the project proponent, contractor, and the stakeholders. It is therefore recommended that the project proponent should therefore put in place a GRM for the project to ensure any issues raised by stakeholders related to the project safeguards are addressed. It is important to emphasize that grievance redress mechanisms are for all aspects of a project, not just environmental and social safeguards. The implementing agency should prepare and disseminate grievance redress guidelines for the project, including a hierarchy of reporting levels for redress, roles, and responsibilities. Public information about grievance redress should be posted in visible locations in project area of influence. Where needed, Grievance Redress Committees (GRCs) should be established, with the necessary authority, training and resources. Entities involved in grievance redress should keep proper records and logs. Project budgets should include resources for the establishment and operation of the Grievance Redress System. The implementing agency should on regular occasions review the GRM and verify that they are working properly. A sample grievance process has been provided in Annex 10 of this report. NAMSIP Page 120 of 141 Githurai Railway Station Draft ESIA Report Version: Final CHAPTER NINE 9 CONCLUSIONS AND RECOMMENDATIONS 9.1 Conclusion This environmental and social assessment of the Project ascertains that the Project is unlikely to cause any significant environmental and social impacts. Most of the impacts are short and medium-term or temporary in nature and can be readily addressed by some embedded control measures in the engineering design of the Project as well as additional mitigation measures as suggested in the Environmental and Social Management Plan. The Project received favourable support from local people and other stakeholders during consultations. Stakeholders appreciated that in addition to improving commuter rail services in the area, the Project will have several other benefits such as supporting economic growth in the region by opening avenues for further development, employment (direct and indirect) and improving local infrastructure. The critical importance of the proposed project is to develop Githurai CRS so as to develop a strong commuter rail service in the NMR that will serve the high travel demand. Further, completion of the project will lead to road traffic decongestion. As such, the project in itself is already an activity in mitigation of an existing concern and this is the prime justification of the proposed investment. During the construction phase of the Project, the key environmental issues are noise and dust generation. There is a risk of soil erosion as result of removal of soil cover, excavation and movement of heavy construction vehicles and equipment. Contamination of soil, groundwater could occur also result from accidental spills and leaks of hazardous materials (e.g. oil) during handling, transportation, and storage at the site. The adverse impacts identified are generally manageable through good housekeeping and a diligent implementation of the ESMP by the Contractor and its supervision by the Proponent. The nearest air quality and noise sensitive receptors will be a focus for monitoring of any impact arising due to the construction activities. The assessment also found that the Project is unlikely to cause any major social impacts. The Project does not involve any physical and economic displacement of families. The positive social impacts identified include employment and business opportunities for the local people, reduction of travel time and comfort, improved security, decongestion of already congested roads within the project area and Nairobi metropolitan area, thereby reducing air NAMSIP Page 121 of 141 Githurai Railway Station Draft ESIA Report Version: Final emissions from vehicles, increased trade in the area translating to increased revenue generation to national and local governments, among others On the other hand, the possible negative impacts include conflicts and social concerns such as: antagonism from local population if locals are not recruited; proliferation of food kiosks and informal settlement near the station, disruption of public utilities, potential spreading of STIs and HIV/AIDs, risks of injuries and accidents to workers and members of the public, among others. Most of the adverse impacts are short-term or temporary and will be more felt during the construction phase of the project. However, most of them can be mitigated with appropriate mitigation measures built in as part of the Project planning process. 9.2 Recommendation Environmental monitoring is essential to track and sustain the effectiveness of the mitigation measures proposed in this report. An environmental monitoring plan has been prepared as part of the ESMP, to be used during the implementation of the proposed project. The focus areas of monitoring cover air, noise, Water and energy resources, occupational health and safety as well as local employment and economy. The burden of mitigation largely lies with the Project Contractor under supervision by the Proponent. The Contract for CRS improvement should bear relevant clauses binding the contractor to institute environmental mitigation as recommended in this study. Thus, in this case, the core monitoring strategy for this project will be through site meetings, in which case, it is recommended that the County Environmental Officers be invited to such meetings. Other stakeholders such as the County Labour Officer should also attend such meetings regularly to ascertain that measures towards securing the health and safety of workers have been put in place. It is the duty of the Proponent to carry out annual environmental audits once it has been commissioned. This will be in compliance with the Environmental Management and Coordination Act, EMCA of 1999 and the Environmental Impact Assessment and Audit Regulations, Legal Notice No. 101 of 2003. The tentative budget allocated to implementation of mitigation measures and in addition to the provisions of BOQ was calculated to be approximately Kenya Shillings 16,716,426.50.00. It is the responsibility of the project proponent to allocate this budget to facilitate diligent implementation of the mitigation measures and minimize potential negative impacts at construction and operational phases of the project. NAMSIP Page 122 of 141 Githurai Railway Station Draft ESIA Report Version: Final The following is recommended for effective implementation of the mitigation measures for the project;  All mitigation measures need to be specified in tender and contract documents, and must be included in the Engineering Drawings, Specifications and Bills of Quantities.  The proposed mitigation measures in the ESMP should be implemented by the responsible parties  Diligence on the part of the contractor and proper supervision by the Project Engineer during construction and the initial operation phase is crucial for mitigating impacts.  Periodic environmental and social monitoring is required by the project proponent to ensure that mitigation measures have been implemented in order to prevent or avert any negative impacts of the project.  The implementing agency should set up proper and applicable Grievance Redress Mechanism (GRM) for the project to deal with grievances and issues on the project  Reporting of the implementation of safeguards should be incorporated in the monthly reporting of the project NAMSIP Page 123 of 141 Githurai Railway Station Draft ESIA Report Version: Final REFERENCES 1) Kenya, The Environment Management and Coordination Act No 8, 1999 and the relative Amendment Act No 5, 2015 (EMCA 2015). 2) Republic of Kenya (2003), Legal Notice no.101: The Environmental Management (impact Assessment and Audit) regulations, 2003. 3) The Constitution of Kenya 2010 4) Kenya Vision 2030 5) Nairobi Metro 2030 6) Kenya Gazette Supplement Number 56. Environmental Impact Assessment & Audit Regulations 2003.Government Printer, Nairobi. 7) Kenya, the Urban Areas and Cities Act 2011 8) Kenya, the County Government Act 2012 9) Kenya Republic of (1996) Sectionals paper No 1 of 1996 on Environmental Development. 10) Kenya Republic of (1999) Sectionals paper no. 6 of 1999 on Environmental Development. 11) Kenya Republic of (1994). The Penal Code (cap. 63) 12) Kenya Republic of (1994), The National Environmental Action Plan (NEAP), revised in 13) Kenya, Republic of (2006), Environmental Management and Coordination Act (Waste Management) Regulations, 2006 14) Kenya, Republic of (2006), Environmental Management and Coordination Act (Water quality) Regulation 2006 15) Kenya Republic, Air Quality Regulation, 2014 16) Kenya Republic, Occupational Safety and Health Act OSHA, 2007 17) Kenya, Republic of (2009), Environmental Management and Coordination Act (Noise and Excessive Vibrations Pollution Control) Regulations, 2009 18) Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi 19) Kenya gazette supplement Acts (1972), Public Health Act (Cap. 242) government printer, Nairobi 20) Kenya, Republic of (1996), The physical planning Act (cap 286) 21) Kenya Republic of (1968). The Building Code, revised in 2009 22) Kenya Republic, The Way Leave Act Cap 292 23) Kenya Republic, National Sand Harvesting Guidelines, 2007 24) Kenya Republic, The Water Act 2002 NAMSIP Page 124 of 141 Githurai Railway Station Draft ESIA Report Version: Final 25) Kenya Republic, Public Procurement and Disposal Act 2005 26) Kenya Republic, Public Roads and Roads of Access Act (Cap 399 27) Operational Policy (OP)/Bank Procedure (BP) 4.01: Environmental Assessment, Operational Policy 4.04: Natural Habitats, 2001, Operational Policy 4.36: Forests, 2002, Operational Policy 4.12: Involuntary Resettlement, 2001 NAMSIP Page 125 of 141 Githurai Railway Station Draft ESIA Report Version: Final ANNEXES Annex 1: Photographs illustrating current situation at the Project site Annex 1-1: view of hawkers plying their trade along the railway line NAMSIP Page 126 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 1-2: View of temporary kiosks close to the project site Annex 1-3: view of pedestrians, cyclists and a vehicle crossing a railway at the project site Annex 1-4: View of storm water drain running parallel to the railway line at the project site NAMSIP Page 127 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex1-5: Cattle grazing on the little vegetation at the project site NAMSIP Page 128 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2: Technical Designs/Layouts for Githurai Railway Station Annex 2-1 (a): Site Image NAMSIP Page 129 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-1 (b): Site Image NAMSIP Page 130 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-2: Location Map NAMSIP Page 131 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-3: Station Layout NAMSIP Page 132 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-4: Storm water NAMSIP Page 133 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-5: Sewerage NAMSIP Page 134 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 2-6: Water supply NAMSIP Page 135 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 3: Minutes of CPP Meeting Githurai Railway Station ATTENDED BY: Refer to the attendance lists (Annex 4). PREAMBLE: The meeting was called to order at 1435hrs by Mr. Paul Mwangi who requested one of the attendees to open the meeting with a word of prayer. He then welcomed the sociologist Mr. Sylvester. He requested the locals to be cooperative and be attentive while the sociologist is explaining the theme and purpose of the meeting. MINUTE 1: INTRODUCTIONS. The sociologist introduced himself and the company they are working for. He explained that the government is planning to rehabilitate the Githurai railway station as part of the ILU projects going on around the country to ensure the stations are modern and completely utilized just as it has already been done to, Makadara railway station, Syokimau station and the ImaraDaima railway stations. Some of the improvements to be done on the station will be 1 security gate, a 0.6 km road with complete section, 1 ticketing booth, 1 paid toilet, a police office, an administration office, and 2 bus stops among many other developments. MINUTE 2.RELOCATION ISSUES. He explained that the government has laws governing relocation of people who are using public land for private reasons like business like the case here in Githurai. He explained that there is the bill known as Eviction and resettlement bill. This is still in the parliament being debated since it came when there has been found people living on a government property like a road reserve and also using a railway reserve, if a person is using such a property is not compensated but is given adequate notice to vacate from the property when the government decides, he clarified that the government will be the one to decide on the time to be given to the people there to vacate. MINUTE 3: ANTICIPATED IMPACTS. The sociologist informed the attendees that every project comes with its own impacts both positive and negative and this one was no exception. He said some of them will be social impacts as well as environmental impacts. POSITIVE IMPACTS Employment opportunities: The sociologist explained that It is a constitutional requirement that 60% of casual employment to be given to the locals. He however requested the locals not to hike the costs of labor since this may force the contractor to source for the employees elsewhere. He also requested the locals to make sure that the people to get jobs are of good character. He advised that those who may not get the opportunities for direct jobs during the construction to look for opportunities like providing food to those on site, also others can start selling airtime and sodas to those employed in the construction site of the station. Security: He explained that since a police station will be done inside the station security in the area will greatly be improved. Image: The area will have improved image owing to the upgrade and construction which will take place. Cheap transport: The transport to and from town will be cheaper, reliable and faster after the improvements since there is no traffic jams in rail transport. Clean environment among many other positive impacts to the locals. NEGATIVE IMPACTS NAMSIP Page 136 of 153 Githurai Railway Station Draft ESIA Report Version: Final Outbreak of diseases: Those coming to construct may come with diseases which may be passed to the locals through immoral relations. E.g. TB, HIV/AIDS. He advised the locals to exercise self control during that time. Relocation: those who were carrying out activities within the KRC land may be required to relocate and this would lead to lose of income to those who were using the KRC land to provide for their families. He explained that since the people there have encroached on KRC land, they can only be given a notice to vacate and nothing more. He also said the social amenities like hospitals and schools may be over used due to increase in population during and after construction. MIN 4. TIMING OF THE PROJECT AND REPOSSESSION OF THE KRC LAND. The sociologist explained that KRC will repossess her land from the road crossing to the Presbyterian academy where the station will be built, this means those carrying out operations there will be affected by the project. He clarified that the government will be the one to decide when the project starts and information will be passed to the locals and also it will be advertised in the newspapers for everyone to know when that time comes. The sociologist gave the attendees an opportunity to ask questions concerning the project. MIN 4. Questions and comments NAME QUESTION ANSWER James Opiyo Will the railway land be The railway land for now will be fenced all the way from acquired where the station will be built town to Githurai or up to in Githurai but in future the KRC may where? decide otherwise, but for now it’s only where they are constructing Joel Mungai Who will get the jobs The casual jobs should be given to the locals. Bonface Kamau Why should the station The station is being built here due to be built here instead of the proximity of the road and the where there are no people’s residence since they will be people operating in? the ones using the station it can’t be done far away from where the people are? Michael What time will you use The project implementing authorities for the civic education will decide on the time to be used to educate the locals concerning the project Stella Nabwire Can those affected be According to the bill in the parliament relocated elsewhere they can only be given a notice to vacate since they are using public NAMSIP Page 137 of 153 Githurai Railway Station Draft ESIA Report Version: Final land. Peninah Does a train have Yes it has. insurance cover? MIN 7: CONCLUSION. The sociologist thanked all for attending and requested them to ensure they fill in the attendance list before leaving. He requested one of the attendees to close the meeting with a word of prayer.  Scheduled interviews This involved face-to face interaction between the consultants/experts and the stakeholders of the project like KRC. An interview guide was used to solicit information from various government offices and relevant players on the area of study. NAMSIP Page 138 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 4: List of Participants who attended public meeting NAMSIP Page 139 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 5: Sample Chance Finds Procedures Chance find procedures are an integral part of the project ESMMP and civil works contracts. The following is proposed in this regard: If the Contractor discovers archeological sites, historical sites, remains and objects during excavation or construction, the Contractor shall:  Stop the construction activities in the area of the chance find;  Delineate the discovered site or area;  Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over;  Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage NAMSIP Page 140 of 153 Githurai Railway Station Draft ESIA Report Version: Final Annex 6: Grievance Resolution Mechanism Process Description Time Other information frame Identification of Face to face; phone; letter, e-mail; 1 Day Email address; hotline number grievance recorded during public/community interaction; others Grievance Significance assessed and 4-7 Significance criteria: assessed and grievance recorded or logged (i.e. Days Level 1 –one off event; Level 2 – logged in a log book) complaint is widespread or repeated; Level 3- any complaint (one off or repeated) that indicates breach of law or policy or the ESIA provisions Grievance is Acknowledgement of grievance 7-14 acknowledged through appropriate medium Days Development of Grievance assigned to appropriate 4-7 response party for resolution Days Response development with input 7-14 from management/ relevant Days stakeholders Response signed Redress action approved at 4-7 Project staff at project proponent to off appropriate levels Days sign off Implementation and Redress action implemented and 10-14 communication of update of progress on resolution Days response communicated to complainant Complaints Redress action recorded in 4-7 Response grievance log book Days Confirm with complainant that grievance can be closed or determine what follow up is necessary Close grievance Record final sign off of grievance 4-7 Final sign off on by project Days proponent If grievance cannot be closed, return to step 2 or refer to sector minister or recommend third-party arbitration or resort to court of law. NAMSIP Page 141 of 153