SFG1405 V12 REPUBLIC OF KENYA MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT ENVIRONMENTAL AND SOCIAL ASSESSMENT PROJECT REPORT (ESIA) PROPOSED CONSTRUCTION OF KIKUYU RAILWAY STATION 29th March 2017 Project Ref No.EHS-5240-522708-03 Kikuyu Railway Station 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 Kikuyu 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 Reg. No.1710 NAMSIP ii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final ACRONYMS AIDS Acquired Immune-Deficiency Syndrome BOQs Bill of Quantities BRT Bus Rapid Transit CBD Central Business District CIDP County Integrated Development Plan CRS Commuter Rail Station EIA Environmental Impact Assessment EHS Environment, Occupational Health and Safety EMCA Environment Management & Coordination Act, 1999 ESMMP Environmental and Social Management & Monitoring Plan GoK Government of Kenya HIV Human Immuno-Virus HH Household IBRD International Bank for Reconstruction and Development IDA International Development Association ILUT Interdisciplinary Land-use & Transportation Metropolitan Analysis KIWACO Kikuyu Water Company KRC Kenya Railways Corporation KSH Kenya Shilling LN Legal Notice MTIHUD Ministry of Transport Infrastructure, Housing & Urban Development NEMA National Environment Management Authority 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 OSHA Occupational Safety & Health Act PCT Project Coordination Team RE Resident engineer NAMSIP iii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final PET Potential Evapo-transpiration PRSP Poverty Reduction Strategy Paper STDs Sexually Transmitted Diseases VCT Voluntary Counselling and Testing WRMA Water Resources Management Authority ToR Terms of Reference QW Quick Win NAMSIP iv SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table of Contents 1 INTRODUCTION .............................................................................................................. 1 1.1 BACKGROUND AND CONTEXT ............................................................................................................ 2 1.2 PROJECT DESCRIPTION ..................................................................................................................... 3 1.3 THE ESIA REPORT ........................................................................................................................... 5 1.3.1 Terms of Reference (TOR) for the ESIA Process ................................................................... 5 1.3.2 Scope and Objectives of the ESIA Study ............................................................................... 6 1.3.3 Objectives of the ESIA .......................................................................................................... 6 1.4 ESIA APPROACH AND METHODOLOGY ................................................................................................ 7 1.4.1 Approach ............................................................................................................................. 7 1.4.2 Environmental Screening ..................................................................................................... 8 1.4.3 Environmental Scoping ........................................................................................................ 8 1.4.4 Documentary Review ........................................................................................................... 9 1.4.5 Site Assessment ................................................................................................................... 9 1.4.6 Detailed ESIA Report Activities .......................................................................................... 10 1.4.7 Stakeholders Consultations ............................................................................................... 11 1.4.8 Socio-Economic Survey ...................................................................................................... 11 1.4.9 Impact Assessment and Mitigation Measures .................................................................. 11 1.4.10 Environmental and social Management and Monitoring Plan ..................................... 12 1.4.11 Presentation of the Report ............................................................................................ 12 2 POLICY, LEGAL AND ADMINISTRATIVE POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ..................................................................................................................... 14 2.1 GOVERNMENT OF KENYA POLICY FRAMEWORK ................................................................................... 14 2.1.1 The Constitution of Kenya 2010 ......................................................................................... 14 2.1.2 The Urban Areas and Cities Act 2011 ................................................................................ 17 2.1.3 The County Government Act 2012 ..................................................................................... 18 2.1.5 The Kenya Vision 2030 ....................................................................................................... 19 2.1.6 Nairobi metro 2030 ........................................................................................................... 21 2.1.7 The Sustainable Development Goals ................................................................................. 21 2.2 LEGAL AND REGULATORY FRAMEWORK FOR ENVIRONMENT .................................................................. 23 2.2.1 Sessional Paper No 1 of 1996 on Environment and Development ..................................... 23 2.2.2 National Environment Action Plan .................................................................................... 24 NAMSIP v SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.2.3 Sessional Paper No 6 of 1999 ............................................................................................ 25 2.2.4 The Environment Management and Coordination Act No 8, 1999 and the relative Amendment Act No 5, 2015 ........................................................................................................... 26 2.2.5 Environmental Impact Assessment and Audit Regulations, 2003 ..................................... 28 2.2.6 Environmental Management and Coordination Act (Waste Management) Regulations, 2006 29 2.2.7 Environmental Management and Coordination Act (water quality) Regulation 2006 ...... 31 2.2.8 Air Quality Regulation, 2014 ............................................................................................. 32 2.2.9 Environmental Management and Coordination Act (Noise and Excessive Vibrations Pollution Control) Regulations, 2009 ............................................................................................. 33 2.2.10 National Sand Harvesting Guidelines, 2007 .................................................................. 34 2.3 INTER - SECTORAL LAWS COORDINATION IN ENVIRONMENTAL PROTECTION ............................................. 35 2.3.1 The Water Act , 2002 ......................................................................................................... 35 2.3.2 The Water Resources Management Rules (2007) ............................................................. 36 2.3.3 Occupational Safety and Health Act OSHA, 2007 .............................................................. 36 2.3.4 The Public Health Act (Cap. 242) ....................................................................................... 37 2.3.5 The Physical Planning Act (Cap. 286) ................................................................................. 39 2.3.6 Way Leave Act Cap 292 ..................................................................................................... 39 2.3.7 The Building Code 2009 ..................................................................................................... 39 2.3.8 Public Roads and Roads of Access Act (Cap 399) ............................................................... 40 2.4 THE INSTITUTIONAL FRAMEWORK UNDER EMCA 2015 ....................................................................... 40 2.4.1 Public Complaints Committee ............................................................................................ 42 2.4.2 The Directorate of Nairobi Metropolitan Development .................................................... 42 2.5 GUIDELINES ................................................................................................................................. 42 2.5.1 Wastewater guidelines ...................................................................................................... 42 2.5.2 Noise guidelines ................................................................................................................. 44 2.6 WORLD BANK ENVIRONMENTAL AND SOCIAL SAFEGUARD POLICIES ........................................................ 45 2.6.1 Environmental Assessment (OP 4.01) ................................................................................ 48 2.6.2 Harmonization of both WB and GOK requirements for social and environmental sustainability .................................................................................................................................. 49 3 DESCRIPTION OF THE PROPOSED PROJECT ................................................................... 51 3.1 INTRODUCTION ............................................................................................................................. 51 3.2 PROJECT BACKGROUND .................................................................................................................. 51 NAMSIP vi SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 3.3 PROPOSED PROJECT DESCRIPTION .................................................................................................... 51 3.3.1 Approach to Intermodal Facilities Design – Kikuyu Commuter Rail Station ...................... 52 3.3.2 Operational Layout of Intermodal Facilities – Kikuyu Commuter Rail Station Architectural program ......................................................................................................................................... 53 3.3.3 Implementation Phases for Intermodal Facilities .............................................................. 54 3.3.4 Module Function and Specifications .................................................................................. 55 3.3.5 Construction Materials ...................................................................................................... 55 3.3.6 Standard Components ....................................................................................................... 56 3.3.7 Administrative module ...................................................................................................... 57 3.4 PROJECT JUSTIFICATION .................................................................................................................. 58 3.5 CONSTRUCTION PERIOD.................................................................................................................. 59 3.6 PROJECT COST .............................................................................................................................. 59 4 BASELINE INFORMATION ON THE PROJECT AREA ........................................................ 60 4.1 PROJECT LOCATION AND SIZE .......................................................................................................... 60 4.2 PHYSICAL ENVIRONMENT................................................................................................................ 63 4.2.1 Climate............................................................................................................................... 63 4.2.2 Topography and Physiography .......................................................................................... 64 4.2.3 Hydrology and Drainage .................................................................................................... 65 4.2.4 Geology and Soils .............................................................................................................. 66 4.2.5 Administrative jurisdiction ................................................................................................. 66 4.2.6 Population and settlement patterns .................................................................................. 67 4.2.7 Land use and livelihood ..................................................................................................... 69 4.2.8 Water and Sanitation ........................................................................................................ 70 4.2.9 Physical infrastructure ....................................................................................................... 70 5 PUBLIC PARTICIPATION AND CONSULTATION .............................................................. 71 5.1 APPROACH TO PUBLIC CONSULTATIONS ............................................................................................. 71 5.2 IDENTIFICATION OF STAKEHOLDERS................................................................................................... 71 5.3 MODALITIES FOR STAKEHOLDER CONSULTATION .................................................................................. 71 5.4 OUTCOME OF THE STAKEHOLDER CONSULTATION PROCESS .................................................................... 72 6 ANALYSIS OF PROJECT ALTERNATIVES .......................................................................... 75 6.1 OVERVIEW ................................................................................................................................... 75 NAMSIP vii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 6.1.1 Relocation Option .............................................................................................................. 76 6.1.2 Zero or No Project Alternative ........................................................................................... 76 6.1.3 Analysis of Alternative Construction Materials and Technology ....................................... 77 6.1.4 Solid waste management alternatives .............................................................................. 78 6.1.5 Layout alternatives ............................................................................................................ 78 7 ENVIRONMENTAL AND SOCIAL IMPACTS ..................................................................... 79 7.1 INTRODUCTION ............................................................................................................................. 79 7.2 METHODOLOGY ............................................................................................................................ 79 7.2.1 Impact Identification and Assessment ............................................................................... 79 7.2.2 Steps of Impact Assessment .............................................................................................. 80 7.2.3 Impacts Rating Criteria ...................................................................................................... 80 7.3 POSITIVE IMPACTS......................................................................................................................... 83 7.3.1 Construction stage ............................................................................................................. 83 7.4 NEGATIVE IMPACTS ....................................................................................................................... 85 7.4.1 Impacts due to project Location ........................................................................................ 85 7.4.2 Construction stage ............................................................................................................. 85 7.4.3 Operational phase ............................................................................................................. 91 7.4.4 Decommissioning Activities ............................................................................................... 91 8 MITIGATION MEASURES............................................................................................... 93 8.1 INTRODUCTION ............................................................................................................................. 93 8.2 POSITIVE IMPACTS AND PROPOSED ENHANCEMENT MEASURES ............................................................... 94 8.3 NEGATIVE IMPACTS AND PROPOSED MITIGATION MEASURES .................................................................. 95 9 THE ENVIRONMENTAL & SOCIAL MANAGEMENT AND MONITORIG PLAN ................. 103 9.1 SIGNIFICANCE OF ESMMP ........................................................................................................... 103 9.2 ENVIRONMENTAL, SOCIAL, MANAGEMENT AND PLAN ........................................................................ 103 9.2.1 Pre-construction and construction Phases ESMMP ......................................................... 104 9.2.2 Grievance redress Mechanisms (GRM) ............................................................................ 116 10 CONCLUSION AND RECOMMENDATIONS ............................................................... 117 10.1 CONCLUSION ........................................................................................................................... 117 10.2 RECOMMENDATION .................................................................................................................. 118 NAMSIP viii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final List of Figures FIGURE 1-1: MAP SHOWING LOCATION OF KIKUYU TOWN AND PROPOSED PROJECT AREA LOCATION. ............................ 4 FIGURE 3-1: PROPOSED LAND USE PROJECT COVERAGE AREA SOURCE: EGIS, 2015 ................................................ 52 FIGURE 4-1: VIEW OF RAILWAY LINE AT THE PROJECT SITE .................................................................................... 61 FIGURE 4-2: PHOTOGRAPHS ILLUSTRATING CURRENT SITUATION AT THE PROJECT SITE .............................................. 61 FIGURE 4-3: EXISTING STATION’S BUILDING AT THE PROJECT SITE .......................................................................... 62 FIGURE 4-4: LOCATION OF KIKUYU RAILWAY STATION........................................................................................ 62 FIGURE 4-5; CLIMATE GRAPH OF KIKUYU TOWN ............................................................................................... 63 FIGURE 4-6; TEMPERATURE OF KIKUYU TOWN ................................................................................................. 64 FIGURE 4-7; ELEVATION OF KIKUYU TOWN ...................................................................................................... 65 FIGURE 4-8: LOCATION OF KIKUYU RAILWAY STATION IN RELATION TO KIKUYU TOWN ............................................. 66 FIGURE 7-1: VIEW OF VEGETATION AT THE PROJECT SITE ..................................................................................... 88 List of Tables TABLE 2-1: ANALYSIS OF THE PROJECT TRIGGERS TO THE EMCA AND ITS TOOLS. ..................................................... 28 TABLE 2-2: MAXIMUM PERMISSIBLE NOISE LEVELS FOR CONSTRUCTION SITES (MEASUREMENT TAKEN WITHIN THE FACILITY) ....................................................................................................................................................... 34 TABLE 2-3: KENYA DISCHARGE GUIDELINES FOR WASTE WATER ........................................................................... 42 TABLE 2-4 COMPARISON BETWEEN WHO AND NEMA NOISE GUIDELINES........................................................... 44 TABLE 2-5: ANALYSIS OF POTENTIAL TRIGGERS TO WORLD BANK SAFEGUARDS POLICIES ........................................... 47 TABLE 5-1: DESIGN ADAPTABILITY OF INTERMODAL TRANSFER FOR 5 TO 20 YEARS HORIZON ..................................... 55 TABLE 4-1: DISAGGREGATION OF POPULATION BY AGE COHORTS .......................................................................... 68 TABLE 7-1:SEVERITY CRITERIA (NEGATIVE ENVIRONMENTAL IMPACTS).................................................................. 81 TABLE 7-2: SEVERITY CRITERIA (NEGATIVE SOCIAL OR HEALTH IMPACTS) ............................................................... 82 TABLE 8-1: ANTICIPATED POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS FOR THE KIKUYU RAILWAYS STATION .......... 94 TABLE 9-1 :–ENVIRONMENTAL MANAGEMENT AND MONITORING PLAN ............................................................. 105 NAMSIP ix SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final List of Annexes ANNEX 1: SITE LAYOUT WORK PLAN ............................................................................................................. 122 ANNEX 10-1: STATION’S LAYOUT ................................................................................................................. 122 ANNEX 10-2: SITE LAYOUT WORK PLAN ....................................................................................................... 123 ANNEX 10-3: LAYOUT OF STORM WATER DRAINAGE ....................................................................................... 124 ANNEX 10-4: LAYOUT OF SEWERAGE SYSTEM ................................................................................................ 125 ANNEX 10-5: LAYOUT OF WATER SUPPLY SYSTEM........................................................................................... 126 ANNEX 2: SAMPLE CHANCE FIND PROCEDURES ............................................................................................... 127 ANNEX 3: GRIEVANCE REDRESS PROCESS ....................................................................................................... 128 NAMSIP x SGS & VDP S.L.R Kikuyu Railway Station 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 Kenya Limited and VDP Srl consultants to carry out preliminary and detailed engineering design of Improvement of Kikuyu Railway Station. This Project Report gives the findings of the Environmental Impact Assessment Study undertaken as an integral part of the design process. The Project highlights salient social and environmental issues associated with the design, construction and operational aspects of the Kikuyu Railway Station Project. Scope of the Project Report: This Project Report has been prepared in line with the Environmental Management and Coordination Act (EMCA) of 1999 and it’s Legal Notice 101 of June 2003. The Study Process leading to this Project Report was further designed to address client expectations as stipulated in the Terms of Reference (see Appendix 1.1) issued under this contract. Objectives of the Project Report Study: The main objective of the Study was to identify environmental and social impacts associated with the proposed improvement of the Kikuyu Railway Station Improvement QW Project and to recommend an appropriate environmental and social management strategy for the project. Thus, a core outcome of the Study is an Environmental and Social Management Plan (ESMP) for the project. Study Approach and Methodology The systematic investigative and reporting methodology specified for conduct of Project Report Studies (Legal Notice 101 of EMCA) was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated through fieldwork entailing site investigations and interviews with potentially affected people and secondary stakeholders. NAMSIP xi SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final To identify, predict, analyze and evaluate potential impacts that may emanate from the project, diverse study methods and tools including use of checklists, questionnaires, expert opinions and observations were employed. An Environmental and Social Management Plan comprising of an impact mitigation plan and modalities for monitoring and evaluation were then developed to guide environmental management during all phases of project development. Once approved by the Ministry of Transport, Infrastructure, Housing and Urban Development and NEMA, the Project Report will be disclosed as required from where accruing comments will be used to finalize the report. 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. Relevant County chaired the meetings and Central Government Staff as the need arose. Consultative Forums: A Consultative forum bringing together the Consultant and Senior Staff of Kiambu 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. 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 station upgrading. Further, from discussion with key informants, it was possible to NAMSIP xii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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: there were consensus that the project will generate positive impacts such as creation of employment, increase of economic activity in the area and contribution to poverty reduction. However, they were concerns raised related to safety risks related to operation of heavy equipment during construction period, poor drainage and interference with the KIWACO water pipe infrastructure underlying at the site. To address the concern raised by the stakeholder mitigation measures have been provided in this report. The poor drainage has been addressed in the design of the project (annex 2-3 the layout of the drainage system that will be developed as part of the project.). The measures to mitigate safety risk include; provision of appropriate road safety signage, adherence to speed limits appropriate to the site, inspection of the equipment and training of operators on machine safety. KIWACO pipeline infrastructure will be protected during the construction period. To address any conflict that may arise a Grievance Resolution Mechanism is provided in the annex 4 Policy, legal and regulatory framework: This Project Report has been developed to ensure that the proposed upgrade of the Railway Station conforms to national policy aspirations towards securing sustainable development. Specifically, this Report has been developed to ensure compliance with requirements of the Environmental Management and Coordination Act (EMCA, 2015)-Kenya’s supreme environmental law and the National Constitution. Section 58 of EMCA requires that all development proposed in Kenya to be subjected to environmental assessment to be conducted 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)-the body that will review this report and make decisions on grant of an environmental license to the development. NAMSIP xiii SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project description: The Railway Station Project comprises of 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, and Park and Ride area for 180 vehicles. Activities in railway construction will entail surveying, setting up of a Contractor’s camp and material storage yards, a Resident’s Engineer’s site office, stripping of bushes and top soil on the road reserve, excavation for construction of the sub-base and base, sourcing for construction materials either from existing or new borrow sites, road formation and pavement construction works. Once commissioned, the project will be operated by relevant Railway Agencies created under the Railway Act. Project Justification The proposed project is critically important, as it will improve connectivity into and out of Kikuyu town and ease the congestion in the Nairobi CBD. 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 Site conditions Relief and physiography: The topography varies from flat to slightly hilly, with most areas (about 92%) having a medium slope less than 26%. A few areas have steeper slopes of up to 120%. Climate: Most of the months, ratio of P/PET is high, meaning there is plenty of moisture to go around. Moisture availability sustains ecological productivity and for a country, whose rural and peri-urban economy is largely driven by rained farming this has to be sufficient. In addition, the area ranges from sub-humid to semi-humid and it is confirmed by non-aridity indices (ratio of rainfall to evaporation (r/Eo), ranging from 0.65 to 0.80 and 05 to 0.65, implying that rain fed farming is quite a successful business offering a firm foundation to livelihoods. Findings from the Study (i) Potential positive impacts anticipated: NAMSIP xiv SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final The core observation of this Study is that the proposed improvement of the railway station is aimed at opening up transportation sector by improving connectivity around the Nairobi Metropolitan. A more efficient railway service will allow a reduction in the use of private cars and thus an improvement of air quality in the metropolitan area. 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;  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 centres;  Reduced travel time;  Improved human productivity through reduced travel time;  Reduction of road accidents; (ii) Potential adverse impacts: The project construction activities will introduce nuisances such as dust, noise, vibrations and fumes which however can be effectively managed through adhering to the mitigation measures laid down in the ESMP. 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. (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, providers of power, water and other utilities to ensure that railway construction does not impair essential services to the town and County at large. The ESMMP: An ESMP has been developed whose pursuit can greatly improve the overall net effect of the project. This Report observes that the bulk of adverse impacts will NAMSIP xv SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final manifest at the Construction stage in which case, the core effort in mitigation will be concentrated in the contract for construction. This Report therefore requires that the ESMP be 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 PCT will mount own internal monitoring to ascertain environmental and social sensitivity at all stages of project development. Total Cost of the Project The total project cost is estimated at Kshs. 228,283,486. Similarly, the cost of implementation of Environmental Management Plan is estimated at Kshs. 6,000,000.00. 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 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 Management Plan. The Project received favourable support from local people and other stakeholders during consultations. Based on 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 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. NAMSIP xvi SGS & VDP S.L.R CHAPTER ONE 1 INTRODUCTION The Nairobi Metropolitan Region (NMR) is in need of an efficient and coordinated urban spatial/land use and transport planning in order to improve the existing services and create more efficient ones considering the future 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 a strong public transport system is necessary. Activities and policy frameworks create 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. 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)  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 Kikuyu Railway Station ESIA Report Version: Final 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) 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. (Egis 2014) The World Bank assists 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. 1.1 Background and Context This Project, under NaMSIP, involves provision of new facilities and infrastructure improvements within/around selected commuter rail stations, in order to improve accessibility and functionality of these stations. The rehabilitation will be for ten commuter railway stations in three counties – Nairobi, Kiambu and Machakos – as shown below: NAMSIP 2 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Station No. Commuter Railway Station Location Lot 1 Ruiru (prototype station) Kiambu County Lot 2 Kahawa Lot 3 Githurai Lot 4 Kikuyu Lot 5 Mwiki Nairobi County Lot 6 Dandora Lot 7 Donholm Lot 8 Pipeline Lot 9 Embakasi Village Lot 10 Athi River Machakos County 1.2 Project Description Kikuyu is one of the indigenous towns in the Kiambu County, Kenya. It is located about 20 kilometers northwest of central Nairobi. It is about 20 minutes from Nairobi via a number of routes including dual carriage road, and has a railway station on the Mombasa-Malaba Railway Line. It is the only town on the Southern Bypass which connects Mombasa road to Nairobi-Naivasha Highway at Gitaru. Kikuyu railway station is located at a distance to Kikuyu town as shown in Figure 1-1. NAMSIP 3 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Figure 1-1: Map showing location of Kikuyu Town and proposed project area location. Source: Google map The proposed project is part of the Nairobi Metropolitan Service Improvement Project (NaMSIP) financed by the World Bank through MONMED. 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 NAMSIP 4 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  Provide attractive and suitable urban icons and urban design linkages. The QW package contains the following standard modules:  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 Kikuyu Railway Station Improvement 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 (ESMMP) during construction and operation and presentation of plans to minimize, mitigate, or eliminate negative effects and impacts.  Description of implementation of ESMMP. NAMSIP 5 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  Identification and consultation with key stakeholders, facilitation of public consultation and conducting interviews with the proposed project beneficiaries.  Collection of secondary data.  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 social and environmental impacts of the proposed Kikuyu Railway Station Improvement Project and propose intervention measures on the same 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. NAMSIP 6 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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, 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 (ESMMP) 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 Kikuyu 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 NAMSIP 7 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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). 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 he/she 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 programs 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: NAMSIP 8 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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:  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 bio-physical environment (hydrology, climatic patterns and geology), socio- 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. NAMSIP 9 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2. Undertaking comprehensive consultative public participation exercises so as to reach a large section of the affected persons as well as other stakeholders. 3. Public consultations were also organized with the stakeholders on 13th and 18th June 2016. 4. 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. 5. Evaluate social, economic, physical 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 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 Kikuyu 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 . NAMSIP 10 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 Stakeholders Consultations 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 public participation and consultation. Through this process, the stakeholders had an opportunity to contribute to the overall project design by making recommendations and raising any environmental and social concerns of the project. In addition, the process aimed at creating a sense of responsibility, commitment and local ownership for smooth implementation of the project. 1.4.8 Socio-Economic Survey A socio-economic survey was undertaken in all the locations that will be affected/benefit from the project. The main tools of the survey were questionnaires and the sampling unit included community members, station masters, ward administrators, chiefs and sub chiefs. The main aim of conducting interviews was to find out different opinions of people regarding the proposed project and anticipated impact it would have on the environment and the community at large. The total number of questionnaires that were issued to various community members was 13 and one was issued to the station master. The data collected was analyzed with the help of summaries made by SPSS software. The findings have been presented using charts, tables and graphs as shown on chapter 5. 1.4.9 Impact Assessment and Mitigation Measures 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 NAMSIP 11 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 1.4.10 Environmental and social Management and Monitoring Plan The Consultants have developed an Environmental and social Management and Monitoring Plan (EMMP) to guide the project team in eliminating or reducing the project impacts to acceptable minimum/ standards. The EMMP is based on good environmental practices of project implementation and safety of the operations. The proposed EMMP can be improved through continuous monitoring and audits during project implementation. The plan is provided in a matrix form under EMP section of this report and it identifies the anticipated impact; proposes measures to be undertaken; states monitoring indicators; states the party to implement the measures or control the indicators and states the estimated cost likely to be incurred to undertake the measures. As part of the study output a monitoring and evaluation program was developed as a means for monitoring compliance during implementation of proposed mitigation measures and to ensure continuous generation of project data and information 1.4.11 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. NAMSIP 12 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. Chapter 9: Environmental and Social Management and Monitoring Plan (ESMMP) Chapter 10: Concludes the Project and recoups the core recommendations. Section 10(2) of Part II of Legal Notice 101 allows for approval of proposed projects at the Project Report Stage and has been effectively used by NEMA to grant Environmental Licenses to small projects without requiring a full EIA. This is the process and stage at which the EIA process for construction of Kikuyu Railway Station Quick Win Project is expected to end. NAMSIP 13 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final CHAPTER 2: 2 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 Kikuyu 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. 2.1 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 Kikuyu Railway Project complies with government policy framework by the act of the proponent conducting ESIA study before initiating any civil works on the project 2.1.1 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. NAMSIP 14 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 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. NAMSIP 15 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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, 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 Kikuyu Railway station Project complies with the Constitution by proposing a framework in its ESIA on Social, Health, safety and environmental protection. NAMSIP 16 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.1.2 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  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 NAMSIP 17 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. Kikuyu Railway Station Project complies with the urban area and other cities act its integrated in the County integrated Development plan through NaMSIP. 2.1.3 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 that NAMSIP 18 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. 2.1.4 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 Kikuyu Railway Station Project, the proponent should ensure that the contractor offers such training to the worker as provided by law. 2.1.5 The Kenya Vision 2030 Kenya Vision 2030 is the country's development programme from 2008 to 2030. President Mwai Kibaki launched it on 10 June 2008 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. NAMSIP 19 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. However, 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. 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. NAMSIP 20 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 Kikuyu 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. 2.1.6 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, Kikuyu Railway Station Project contributes to the Nairobi Metro 2030 by providing an efficient transportation alternative. 2.1.7 The Sustainable Development Goals 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 NAMSIP 21 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 22 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Economic Pillar of Vision 2030 that 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. Kikuyu 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. 2.2 Legal and Regulatory Framework for Environment 2.2.1 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 that 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; NAMSIP 23 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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 that in most cases have been 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. 2.2.2 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 that 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. NAMSIP 24 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final (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), 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). 2.2.3 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 NAMSIP 25 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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. 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. 2.2.4 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 as follows:- NAMSIP 26 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 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 27 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table 2-1: Analysis of the Project triggers to the EMCA and its tools. Legal Tool Status Trigger mechanism EIA and Audit regulations Triggered EIA Study has to conform to these rules Waste Management Rules Triggered Construction likely to generate solid waste Water Quality rules Triggered Water for construction will be drawn from rivers or other sources and have to adhere to ensuring water quality is observed Conservation of Not triggered These regulations focus more on benefit sharing in biodiversity conservation. Biodiversity regulations National Sand Harvesting Triggered Construction works will require concrete mixture which shall include sand Rules Environmental Management Triggered Both construction activities and and Coordination (Noise and construction equipment likely to generate Excessive Vibration Pollution) noise (Control) Regulations, 2009 Legal Notice No. 61: Air Quality Regulation (2014) Triggered Both construction activities and 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. 2.2.5 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 NAMSIP 28 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. In particular, specifications of these guidelines indicate that no proponent should implement a project that 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. 2.2.6 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. NAMSIP 29 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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  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: NAMSIP 30 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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 that may include any of the following as appropriate. - the words "WARNING" or "CAUTION"; - the word "POISON" (marked indelibly in red on a contrasting background; - 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. 2.2.7 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 NAMSIP 31 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. 2.2.8 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. 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. NAMSIP 32 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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. 2.2.9 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 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. NAMSIP 33 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table 2-2: Maximum permissible noise levels for construction sites (measurement taken within the facility) Maximum Noise level permitted (leq) in dB (A) Facility Day (6.01am- Night (6.01 pm- 6.00pm) 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. 2.2.10 National Sand Harvesting Guidelines, 2007 NAMSIP 34 SGS & VDP S.L.R Kikuyu Railway Station 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. 2.3 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. 2.3.1 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). NAMSIP 35 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.3.2 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. 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. 2.3.3 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 NAMSIP 36 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. 2.3.4 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 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 wastewater 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, necessar y and NAMSIP 37 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. 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. NAMSIP 38 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.3.5 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. 2.3.6 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. 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. 2.3.7 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 NAMSIP 39 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. 2.3.8 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 notices to be served on the adjacent landowners seeking permission to construct the respective roads. The proponent shall issue notices to land owners adjacent to the project area before construction works begins. 2.4 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. NAMSIP 40 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final  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 President appointed the first Director General. 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. 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. NAMSIP 41 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.4.1 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. 2.4.2 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. 2.5 Guidelines 2.5.1 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 2-3: 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) Sulphates - 500 NAMSIP 42 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 43 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.5.2 Noise guidelines The following guidelines will be used to monitor noise levels, especially during the construction stage of the project. Table 2-4 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 55 16 45 14 Outdoor living area annoyance 50 16 35 14 Moderate 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 45 Day School playground External play 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 Proponent in the management of the project will apply the provisions of this Act 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. NAMSIP 44 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.6 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 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 NAMSIP 45 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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;  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 Kikuyu Railway Station improvement project. NAMSIP 46 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table 2-5: 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, Assessment the 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 or economic activities requiring relocation to pave way for the project. 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 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 NAMSIP 47 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.6.1 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. The proposed improvement of the railway station has been classified as environmental category B and hence requirement for this Project Report study. NAMSIP 48 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 2.6.2 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 NAMSIP 49 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final outside of the project sites. Such effects can clearly be identified during the screening process and mitigated as described in ESMMP. 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 50 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final CHAPTER THREE 3 DESCRIPTION OF THE PROPOSED PROJECT 3.1 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. The proposed project involves the upgrade of Kikuyu railway station to support the growing population in Nairobi Metropolitan area. 3.2 Project background Kikuyu town is located at approximately 21 Kilometres from the Nairobi so that it is both accessible to the CBD as well as having relatively affordable land for development. The absence of adequate and interconnected walkways and streets makes non- motorized travel unpleasant and dangerous. Indeed, some of the heaviest foot traffic is along and crossing the railway tracks. The railway station is located at a distance from the Kikuyu CBD and the bus station, which is on the other side of the CBD. The railway tracks have no defined buffers and suffer from encroachment in some areas. Access to the existing railway station by vehicle and foot is poor. In the broader study area, there are existing factories on the eastern side, educational medical, and hospitality enterprises being developed on the western side and random plot level development of all sorts throughout. Kikuyu Railways Station has adeqaut5e space (Land) for the upgrade of the the station. 3.3 Proposed Project Description The Kikuyu Commuter Rail station proposed project area is located in Kikuyu town,in Kiambu County. It is at the limit of Nairobi City in the transitional areas between urban and rural. NAMSIP 51 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final The location of the study area near the Southern By-pass which links various locations, offers a good opportunity to attract development to the study area, supported by the large area of land available for development. (Feasibility Study Report, 2015). Kikuyu is an agro-industrial town. Figure 3-1: Proposed Land use Project Coverage Area Source: Egis, 2015 3.3.1 Approach to Intermodal Facilities Design – Kikuyu Commuter Rail Station Kikuyu 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. NAMSIP 52 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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, 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. 3.3.2 Operational Layout of Intermodal Facilities – Kikuyu 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. NAMSIP 53 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. The design prioritizes the pedestrian access to the different areas. Above the park and ride, a large pedestrian access area such as the footbridge across the railways where tarmac ends will allow the connection and the visual linkage with the pedestrian crossing southern by-pass. 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. 3.3.3 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 3-1 below. NAMSIP 54 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table 3-1: Design adaptability of Intermodal Transfer for 5 to 20 years horizon 5 YEARS HORIZON 10 YEARS HORIZON 20 YEARS HORIZON  Railway platforms  Intermodal facilities  Commercial areas  Ticketing areas  Supporting and technical  Offices buildings  Pedestrian access areas  Hotel  Access roads  Pedestrian esplanade  Real-estate development  Kiss and ride  BRT platform  Park and ride  Pedestrian access 3.3.4 Module Function and Specifications The proposed module function and specifications were applied as discussed by component below: � Modular - Low cost of implementation: Every module has standard dimensions in order to optimize the design and implementation process. � 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. � 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. � Comfort - Adequate capacity and performance: Every module provides an appropriate level of comfort in terms of capacity and level of service for the users. � 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. 3.3.5 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 NAMSIP 55 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 3.3.6 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. NAMSIP 56 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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. Since the detailed design for the Kikuyu QW was submitted with the Draft Phase I Report, the bidding documents, social/environmental assessment and the abbreviated Resettlement Action Plan (ARAP) were also prepared and included with the other design elements in that report. These elements follow World Bank guidelines for procurement of goods, works and non-consulting services under IBRD loans and IDA credits and grants by World Bank Borrowers dated January 2011. Accordingly, the subsequent 9 station QW designs will also follow World Bank standards. 3.3.7 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. 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 Meter 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. NAMSIP 57 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Paid toilets 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. 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. 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. Police office A police office will be provided at each station. Detailed design is provided for architecture, structure, plumbing, electrical connections and communications. 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. 3.4 Project justification The broad aim of this proposed Kikuyu Commuter Rail Station project is to enhance mobility, accessibility and transport within Nairobi Metropolitan Region. The project has NAMSIP 58 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 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 to the Railway Station. 3.5 Construction period The works are estimated to be completed within a Construction period of 9 months with 3 months defect liability period during which the contractor is expected to maintain the system and carry out repair works which may occur to the satisfaction of the Resident engineers. 3.6 Project cost Based on the final designs carried out for the project works, cost estimates have been derived for the proposed work. The proposed Kikuyu CR Station is envisaged to cost approximately Kshs. 228, 283, 486. NAMSIP 59 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final CHAPTER FOUR 4 BASELINE INFORMATION ON THE PROJECT AREA Baseline conditions cover all the biophysical and socio-economic conditions in the project area. Gathering of baseline data is necessary to meet the following objectives: To understand key biological, physical, ecological, social, cultural, economic, and political conditions in areas potentially affected by the proposed project;  To provide data to predict, explain and substantiate possible impacts;  To understand the expectations and concerns of a range of stakeholders on the proposed development ;  To inform the development of mitigation measures;  To benchmark future socio-economic changes/ impacts and assess the effectiveness of mitigation measures. 4.1 Project Location and Size The project area of kikuyu Railway Station is located in Kikuyu town in Kiambu County of the Nairobi Metropolitan Region. It is at the limit of Nairobi City in the transitional areas between urban and rural. The location of the study area near the Southern By-pass which links various locations, offers a good opportunity to attract development to the study area, supported by the large area of land available for development (Feasibility Study Report, 2015). Kikuyu is an agro-industrial town. The Railway Station neighbours farmland, residential building and commercial building such as shops and kiosks. The economic activity within the project area is both commercial (Kikuyu Town) and farming. The land upon which the railway station is located belongs to Kenya Railways Corporation. NAMSIP 60 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Figure 4-1: view of railway line at the project site Figure 4-2: Photographs illustrating current situation at the Project site NAMSIP 61 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Figure 4-3: Existing station’s building at the project site Figure 4-4: Location of Kikuyu Railway Station Source: Google Maps NAMSIP 62 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 4.2 Physical Environment 4.2.1 Climate Kikuyu town exhibits bimodal type of precipitation. The least amount of rainfall occurs in July. The average in this month is 20 mm. Most precipitation falls in April, with an average of 233 mm. The variation in the precipitation between the driest and wettest months is 213mm The temperatures are highest on average in March, at around 17.9 °C. In July, the average temperature is 13.9 °C. It is the lowest average temperature of the whole year. The average temperatures vary during the year by 4.0 °C. Figure 4-5; Climate graph of Kikuyu Town NAMSIP 63 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Source Climate-Data.org. (https://en.climate-data.org) Figure 4-6; Temperature of Kikuyu Town Source Climate-Data.org. (https://en.climate-data.org) 4.2.2 Topography and Physiography Kikuyu town is characterized by steep slope and deep valleys, physiographic of the region is influenced by Aberdare ranges with topography varying from steep in the western region and undulating landforms volcanic ranges in the Northern. The elevation of Kikuyu town is at an average of Elevation 2147m at UTM UPS 37 M 0237475 and 9875271. NAMSIP 64 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Figure 4-7; Elevation of Kikuyu Town Source; http://www.floodmap.net/elevation/ElevationMap/ 4.2.3 Hydrology and Drainage The project site is flat, and site conditions indicate that the surface runoff has been design to collect along the road next to the station. The drainage for the road has been channeled towards the recently built Southern By-Pass on the East side of the project site, which drains its water into Nyongara River, which eventually joins Nairobi river. The topography of the area does not allow surface runoof from the project area to drain into the Ondiri swamp, located about 1 km away from the project site. In addition, the drainage design of Kikuyu Railway Station is designed such that the surface runoof does not discharges into the swamp. NAMSIP 65 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Figure 4-8: Location of Kikuyu Railway Station in relation to Kikuyu Town 4.2.4 Geology and Soils The geology of the area is part of the Eastern Border Zone of the Rift Valley, filled with kainozonic volcanic and sediments underlying the upper Athi generating good aquifers. Soils on the other hand develop from weathering activities of the volcanic rocks and are highly fertile with high levels of perforation. Typical tropic red soils (Latosols) are also dominant in some sections within the project area and have a distinct aggregate structure. These characteristics make them resistant to soil erosion. 4.2.5 Administrative jurisdiction According to the Kiambu County Development Profile, Kiambu County is divided into ten (12) sub-counties namely: Gatundu North, Gatundu South, Ruiru, Thika Town, Juja, Githunguri, Kiambu, Limuru, Kabete, Kiambaa, Kikuyu and Lari. The project area fall under Kikuyu ward which is in Kikuyu sub-county. NAMSIP 66 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final 4.2.6 Population and settlement patterns Kiambu County covers 2,449.2 square kilometers and had a population of 1, 269,228 as per 2009 census with sex ratio of male to female at 1:1.02. It is estimated to be 4,436,753 in the year 2030 at an annual growth rate of 6.1%. Kiambu County has a transitional population structure where the number of 0-14 year olds, currently constitutings 35% of the total population, is declining. The youthful population (15-34 year olds), currently constituting of 40% of the total population, is increasing.This factor has contributed to the high working age population of 62% in the county which is also as a result of migration from rural areas and the high residency of people working in the city of Nairobi, its environs or the agro- industrial towns like Kikuyu. Ruiru and Kikuyu towns have the highest number of people living in urban areas, followed by Thika and Karuri towns respectively. This high population in urban centres can be attributed to the proximity of the county to Nairobi as most of the people work in Nairobi and reside in the county. In addition, industrial development in some sub- counties like Thika West and Ruiru attract more labour force. Table 4-1 presents a disaggregation of population data by age cohorts based on the County Data as accrued from the 2009 national Census. NAMSIP 67 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Table 4-1: Disaggregation of population by age cohorts Constituency Gender Age Group Demographic Indicators Portion of HH Members Total pop. Male Female 0-14 years 15-64 years 65+ years Sex ratio Total 0-3 4-6 7+ Total dependency ratio Gatundu South 113,864 54,799 59,065 42,742 63,585 7,537 0.928 0.791 46.7 43.0 10.4 29,618 Gatundu North 100,119 48,414 51,705 38,004 55,617 6,498 0.936 0.800 44.8 43.1 12.1 24,960 Juja 117,138 59,285 57,853 40,787 74,288 2,063 1.025 0.577 60.3 33.6 6.1 36,805 Thika Town 157,979 80,201 79,778 51,742 70,556 2,745 1.005 0.517 63.1 30.6 6.3 51,421 Ruiru 198,344 98,462 99,882 64,198 29,461 2,168 0.986 0.503 62.1 32.4 5.5 63, 701 Githunguri 146,373 72,104 74,269 51,342 27,496 8,987 0.971 0.701 47.9 42.9 9.3 38,845 Kikuyu 123,562 60,060 63,502 41,022 50,070 4,306 0.946 0.524 54.2 37.9 7.8 35,459 Limuru 129,609 64,480 65,129 47,787 47,384 5,158 0.990 0.691 48.0 38.2 13.9 32,228 Lari 122,610 60,131 62,479 48,369 41,049 5,893 0.962 0.794 44.4 41.9 13.7 30,268 Kiambu 107,153 52,706 54,447 34,635 44,238 3,546 0.968 0.554 55.1 37.1 7.8 31,187 Kiambaa 144,582 72,173 72,409 47,329 61,215 4,410 0.997 0.557 54.9 36.7 8.4 41,543 Kabete 139,421 68,679 70,742 20,647 57,321 4,680 0.971 0.555 54.1 39.2 6.8 40,275 Source: Kiambu CIDP, 2013-2017 NAMSIP SGS & VDP S.L.R 68 Kikuyu Railway Station ESIA Report Version: Final 4.2.7 Land use and livelihood The dominant land use in the project area is Agro-industrial and commercial in which both formal and informal trade exists together with industries supplemented by crop farming (maize, bananas, vegetables, arrowroots and some peas) is the main economic mainstay. Within the Kikuyu CBD, trade is the economic mainstay. About 57% of the study area is undeveloped and 18% underdeveloped; only about 25% is developed. This implies that about 75% of the study area would be available for new development within the immediate to medium term. Areas that are totally undeveloped are largely on the western and partly southern part of the railway station, which are currently agricultural farms, scattered small forests and a swampy area; these would be immediate targets for new development in the short term period. Developed areas are largely residential and commercial, both high rise and low-rise residential developments, and institutional developments. Redevelopment would be done in the medium to long term as shown in figure below. 4.2.8 Health The area has some health facilities which include St. Teresa Nursing home, Kikuyu public health care, Agha Khan University hospital (Kikuyu Medical Centre) and Eye unit hospital among others. The health sector is faced with challenges including limited and sparse number of health facilities. The private Health care facilities are NAMSIP SGS & VDP S.L.R 69 Kikuyu Railway Station ESIA Report Version: Final more expensive than the public facilities which offer health care at subsidized rates. Housing needs The study area had a total population of 6,084 in 2015, it is expected to be 14, 790 by 2030. The population density was estimated to be 8 persons per acre in 2015 and expected to rise to 19 persons per acre by 2030. The average household size in 2014 was 4 which is also expected to rise. In 2015, the number of households was 1,880 and it is estimated to be 3,697 by 2030. 4.2.9 Water and Sanitation KIWACO is the main water supplier in the area followed by boreholes, springs and a swamp. There is no sewerage system within the town; pit latrines and septic tanks are mainly used. In some instances, some of the waste is released directly into rivers and springs causing pollution. The station gets its water from KIWACO and will ensure sanitation standards are met during construction and operation phase. 4.2.10 Physical infrastructure i. Utilities- water and sewerage: Kikuyu Water Company (KIWACO) is responsible for water supply in Kikuyu town and its environs but the population suffers a 50% deficit of the water supplied. ii. Housing and sanitation: They use septic tanks, soakage pits and pit latrines in the town and areas of development. iii. Power lines: There is heavy presence of power lines running across the town and the study area. This power serves the neighborhoods including, hospitals, schools, colleges, universities, various petrol stations and hotels within and outside the town. Design and construction activity will require the consultation and involvement of the power line operators at all stages of project development. NAMSIP SGS & VDP S.L.R 70 Kikuyu Railway Station ESIA Report Version: Final CHAPTER FIVE 5 PUBLIC PARTICIPATION AND CONSULTATION 5.1 Approach to public consultations The EMCA requires that all environmental assessment process in Kenya to incorporate Public Consultation. The aim is to ensure that all stakeholder interests are identified and incorporated in project development, implementation and operation. Of necessity, stakeholder consultations should take place alongside project design and implementation to ensure that the project puts in place measures to cater for stakeholder concerns in all project phases. In case of the Proposed Railway Station Project, public consultations followed several steps as follows:- 5.2 Identification of Stakeholders Like in all railway station works projects, the core stakeholders comprise people to be directly served by the railway station projects and then comprise residents nearby, businessmen and service providers who rely on the 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 GoK officers in charge of diverse sectors, which are likely to be impacted by the railway station project. This category was also consulted as key informants on sectoral policy and to advise this EIA study 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. 5.3 Modalities for stakeholder consultation Residents Consultations The bulk of stakeholders in the area are small-scale traders who have constructed temporary structures to host their businesses on the railway station reserve and the farmers cultivating on the same. Others are corporate stakeholders who rely on the railway station to provide service. Consultation involved talking to representative samples of all the diversity of traders. These will not be affected by the project as they are not within the area that will be occupied by the project as the railway land is large. NAMSIP SGS & VDP S.L.R 71 Kikuyu Railway Station ESIA Report Version: Final Consultations with Secondary Stakeholders Under this category, a cross section of stakeholders were met and these included; civil servants, local government officials and the local residents. Consultations took place in respective offices and in the field where possible. Consultations were made either with individual officers or in Focus Group Discussions involving several officers in a group. For this category of stakeholders, a semi-structured questionnaire was used. Discussions started with the consultant team explaining the project to the target officer following which, they were asked to identify their fundamental concerns on the same. After discussion, the officers were requested to fill and sign the open ended questionnaire administered by the consultant. This system was deemed useful and as a strategy to cut down on paperwork work while capturing signed comments of target informants. 5.4 Outcome of the stakeholder consultation process The Statistics Public Hearing Meetings were held at Kikuyu Commuter Railway Station. This supplemented other Key Informant Interviews held within the office. Reaction from Corporate and GOK Actors A summary of the outcome and concerns expressed by Secondary stakeholders is provided in the annexure. General reactions Attendance lists and minutes of the proceedings of the public meetings are provided in annexure 9 and 6 respectively with a summary of the key issues being highlighted below. Of necessity stakeholder consultation is an ongoing process and more meetings are planned for the future especially towards more detailed investigation of emerging concerns and social issues. Courtesy and public support for the project In all the various public meetings and public consultations carried out, the project enjoys overwhelming public support. No opposition ever was encountered during the field survey. There was a general consensus that this project has been longed for in many years. In spite of this, concerns were expressed by diverse sections of the public as follows:- Potential damage to existing infrastructure NAMSIP SGS & VDP S.L.R 72 Kikuyu Railway Station ESIA Report Version: Final The KIWACO has some extensive infrastructure (mainly underground water pipes) cutting across the railway reserve. There is great apprehension that a wrong move during railway station construction could damage and possibly occasion untold damage and interruptions to strategic operations with huge economic implications. The requirement here is for the Design Team to work closely with all the strategic operators along the proposed railway station sector. Potential interference to business operations The small-scale business operators, boda-boda operators, and farmers based on the railway reserve are concerned that railway station construction activity will force them to relocate their businesses to another area thus losing their customers which translates to low income on their part. The request by all actors is that the operations do not interfere with their businesses or they be resettled to another area. There is no likelihood that these will be affected by the project since these will remain there and will not be displaced as the project is confined to only a portion of the whole railway land. Employment It was the wish and plea of the various stakeholders that priority of employment opportunities for skilled, semi-skilled and unskilled labor, be given to the local residents. However, if the local residents do not have adequate or none at all of the skilled labor, then these can be sourced from outside the region. It was agreed that the modalities and quotas for employment for different locations be agreed upon by the local residents, local administration and the contractor. 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 Potential for increased economic activities The residents are optimistic that upon completion of the Railway Station upgrade Project, that more opportunities for business will be realized. Another additional benefit will be improved efficiency of delivery of goods (mainly agricultural produce) and services to markets within and out of their areas will be more efficient and NAMSIP SGS & VDP S.L.R 73 Kikuyu Railway Station ESIA Report Version: Final withstand all weather conditions. Improved railway station conditions means an efficient transportation system for all stakeholders. Break down and maintenance costs associated with railway station conditions will be reduced. This means that the returns to the residents will be higher than the current case Long-term sustainability Many stakeholders are categorical that the proposed project should not lead to environmental degradation and require that comprehensive assessment of potential impact areas be carried out on material borrow areas, civil works sites, fuel storage/maintenance camps all of which should be reported in standalone reports. There was a unanimous suggestion that such sites should be on public land to avoid future conflicts. Impacts on water resources The amount of water required for the construction of the railway station will be substantial. The main source of water will be KIWACO, which already exists in the railway station reserve. Mitigation measures to avert pressure on water resource is provided in the ESMMP. Disposal of runoff water There will be an increase of surface run-off due to the construction activities that will be involved. Mitigation measure on the drainage and surface runoof problem is addressed by the drainage and sewarege design of the project Occupational Health and Safety The stakeholders were concerned about safety hazards related to operation of heavy equipment and machinery, which could lead to injuries or loss of life for the workers. The stakeholders were informed that measures to mitigate potential health and safety hazards has been provided in the ESMP which include enforcing speed limits, inspection of machinery, training of machinery safety, provision of adequate safety signage among others. NAMSIP SGS & VDP S.L.R 74 Kikuyu Railway Station ESIA Report Version: Final CHAPTER SIX 6 ANALYSIS OF PROJECT ALTERNATIVES 6.1 Overview The EMCA does not require Analysis of Project Alternatives in respect of Project Reports. However, in adherence to the procedures preferred by NaMSIP PCT, an analysis of alternatives in respect of target developments on the Kikuyu Railway Station Quick Win Project was undertaken based on criteria specified in Legal Notice 101 of EMCA. Regulation 18(1) of LN 101 specifies the basic content of an Environmental Impact Assessment Study Report subsequent to which, subsection (i) requires an analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies. In the analysis of alternatives in respect to the railway station projects, several criteria including the three specified in Regulation 18(1) (i) of LN 101 were further amplified as follows:- Criteria One: Alternatives to the Project Site i. Does the site optimize on net economic benefits ii. Does site selection minimize on social, economic and environmental impacts iii. Does site selection harmonize with land-use plans as influenced by the physical layout of the land among other factors iv. Does site selection resonate with local felt needs Criteria Two: Alternatives to the preferred design: Issues considered included, i. Alternatives to the entire projection of railway station as currently proposes ii. Alternatives to site-specific alignments as proposed iii. Alternatives in the railway station category as proposed iv. Alternatives in the provision of ancillary facilities Criteria Three: Alternatives in selection of railway station construction technologies were analyzed as follows;- NAMSIP SGS & VDP S.L.R 75 Kikuyu Railway Station ESIA Report Version: Final i. Alternatives to concrete as the preferred foundation ii. Alternatives in the exploitation of railway station construction materials iii. Alternatives in the recommendation/selection of railway station construction equipment Criteria Four: Analysis of the Zero Option i. Past, current and future effect/ impacts of the railway station as currently existing ii. Anticipated benefits of proposed upgrading. iii. Any other considerations Reasons behind decisions made in respect of Project Railway Station are rationalized under specific headings below:- 6.1.1 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 railway station, Kikuyu station. 6.1.2 Zero or No Project Alternative The No Project option in respect to the proposed project implies that the status quo is maintained. This option is the most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing conditions. This alternative is likely to have the greatest implications on the socioeconomic environment of the area and surrounding communities. Kikuyu railway station will continue to remain inaccessible and this will not help maximize usage and utilization of this station. The No Project Option is the least preferred from the socio-economic and partly environmental perspective due to the following factors: • The economic status of the Kenyans and the local people would remain unchanged. • The railway station would remain under- utilized. • No employment opportunities will be created for thousands of Kenyans who will work in the project area. Increased urban poverty and crime in Kenya. • Discouragement for investors and loaners NAMSIP SGS & VDP S.L.R 76 Kikuyu Railway Station ESIA Report Version: Final • Development of infrastructural facilities (roads, bridge and associated infrastructure) will not be undertaken. • Decongestion in the CBD which is the main aim of the project will not be achieved. From the analysis above, it becomes apparent that the No Project alternative is no alternative to the local people, Kenyans, and the government of Kenya. 6.1.3 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. Equipment that saves energy and water will be given first priority without compromising on cost or availability factors. The railway station- works and footbridge will be made using steel frame and precast concrete/granite panels 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 NAMSIP SGS & VDP S.L.R 77 Kikuyu Railway Station ESIA Report Version: Final  Reduction in site disturbance  Savings in construction time and cost 6.1.4 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 reduction at source of the materials. This option will demand a solid waste management awareness program 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 program 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 an agreement with the Kikuyu Town Council 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. 6.1.5 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 had 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 during consultations and there were no issues raised regarding the final layouts. The final layout are presented in Annex 2 of this report. NAMSIP SGS & VDP S.L.R 78 Kikuyu Railway Station ESIA Report Version: Final CHAPTER SEVEN 7 ENVIRONMENTAL 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 Kikuyu railway station upgrading 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. Of importance is that the project activities will not require land acquisition or loss of economic activities or structures for those living in the area. 7.2 Methodology This chapter identifies and discusses the potential impacts associated with the proposed construction Project and likely to ensue form implementation of project activities. 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 NAMSIP SGS & VDP S.L.R 79 Kikuyu Railway Station ESIA Report Version: Final 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: 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. The difference between the two definitions (localized and widespread) is that in the first case the impact can NAMSIP SGS & VDP S.L.R 80 Kikuyu Railway Station ESIA Report Version: Final occurs at some point of the project site or possibly also along the entire project site. In the second case the impact occurs also in wide areas around the project site. 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: Table 7-1:Severity Criteria (Negative Environmental Impacts) Magnitude: Duration Description Severity Short-term (up Affects environmental conditions, species, and habitats 1=Low level to one year) over a short period of time, is localized and reversible. of severity Low frequency Medium-term Affects environmental conditions, species and habitats 2=Medium (one to seven in the short to medium term. Ecosystems integrity will level of years) not be adversely affected in the long term, but the severity Medium or effect is likely to be significant in the short or medium intermittent term to some species or receptors. The area/region frequency may be able to recover through natural regeneration and restoration. Long-term Affects environmental conditions, species and habitats 3=High level (more than for the long term, may substantially alter the local and of severity seven years)/ regional ecosystem and natural resources, and may Irreversible affect sustainability. Regeneration to its former state Constant would not occur without intervention. frequency Affects environmental conditions or media over the long term, has local and regional affects or is irreversible NAMSIP SGS & VDP S.L.R 81 Kikuyu Railway Station ESIA Report Version: Final Table 7-2: Severity Criteria (Negative Social or Health Impacts) Magnitude: Duration Extent Ability to Adapt Socio-cultural Outcome Health Outcome Severity Short-term (up Those affected will be able to Inconvenience but with no Event resulting in 1=Low level to one year) Individual/ adapt to the changes with relative consequence on long-term annoyance, minor injury of severity Household ease, and maintain pre-impact livelihoods, culture, quality of or illness that does not Low frequency livelihoods, culture, quality of life life, resources, infrastructure require hospitalization and health. and services. Medium-term Small number Those affected will be able to Primary (direct) and secondary Event resulting in 2=Medium (one to seven of households adapt to change, with some (indirect) impacts on moderate injuries or level of years) difficulty, and maintain pre-impact livelihoods, culture, quality of illness, which may severity Medium or livelihoods, culture, quality of life life, resources, infrastructure require hospitalization intermittent and health but only with a degree and services frequency of support Long-term (more Large part or Those affected will not be able to Widespread and diverse 3=High level than seven entirely adapt to changes and continue to primary and secondary impacts of severity years)/ maintain pre-impact livelihood likely to be impossible to Irreversible reverse or compensate for. Constant frequency NAMSIP SGS & VDP S.L.R 82 Kikuyu Railway Station 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 Kikuyu 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. NAMSIP SGS & VDP S.L.R 83 Kikuyu Railway Station ESIA Report Version: Final 7.3.1.6 Attraction of new investors in the area The improvement of the railway station means Kikuyu will be easily accessible, thereby attracting new investors and traders in the area. This translates to economic 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 in the area that has been causing floods during heavy rains. The new railway station will improve the drainage in the area, through proper channeling of the stream nearby and flood waters thus reducing flood damage and potential soil erosion in the area. NAMSIP SGS & VDP S.L.R 84 Kikuyu Railway Station ESIA Report Version: Final 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 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. NAMSIP SGS & VDP S.L.R 85 Kikuyu Railway Station ESIA Report Version: Final 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 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 Kikuyu, 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. NAMSIP SGS & VDP S.L.R 86 Kikuyu Railway Station ESIA Report Version: Final 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. 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.The vegetation found at the project site includes grasses and a few ornamental and decorative plants as shown by plate 7-1. NAMSIP SGS & VDP S.L.R 87 Kikuyu Railway Station ESIA Report Version: Final Figure 7-1: view of vegetation at the project site 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. 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 NAMSIP SGS & VDP S.L.R 88 Kikuyu Railway Station ESIA Report Version: Final 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. 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 NAMSIP SGS & VDP S.L.R 89 Kikuyu Railway Station ESIA Report Version: Final 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. 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 NAMSIP SGS & VDP S.L.R 90 Kikuyu Railway Station ESIA Report Version: Final 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, o r 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. 7.4.4 Decommissioning Activities NAMSIP SGS & VDP S.L.R 91 Kikuyu Railway Station ESIA Report Version: Final 7.4.4.1 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 SGS & VDP S.L.R 92 Kikuyu Railway Station ESIA Report Version: Final CHAPTER EIGHT 8 MITIGATION MEASURES 8.1 Introduction This Chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with the activities of the project during its construction, operation and decommissioning phases. Allocation of responsibilities, time frame and estimated costs for implementation of these measures are presented in the environmental management plan (EMP) in Chapter 9. NAMSIP SGS & VDP S.L.R 93 Kikuyu Railway Station ESIA Report Version: Final 8.2 Positive Impacts and proposed enhancement measures Table 8-1: Anticipated Positive Environmental and Social Impacts for the Kikuyu Railways Station Environmental and Anticipated Impacts/Remarks Proposed Enhancement during Design and Proposed Enhancement Social Aspect Construction phases during Operation and Decommissioning phases Changes in hydrology/  Improvement of drainage systems at the  Design adequate drainage structures to  Monitor drainage structures, drainage station accommodate peak runoff culverts, outfalls regularly for  Reduction of flooding and soil erosion  Provide speed breakers on the outfall and damages near the station near the station distribute outfall flows  Continuous maintenance of drainages and culvert Reduction of travel time  Improved travel safety and comfort for  Proper design and construction of facilities  Proper and regular and increased comfort travelers using the railway line that encourage use of the station maintenance of the railway  Significant shortening of travel time line between Kikuyu and other towns served  Provision of regular train by the railway line and beyond services on the line Improved security  The facility will have improved security  Proper design incorporating lighting,  Proper and regular once completed compared to the current security access at and near the station maintenance of lighting at the situation station  Provision of security at all times patrolling the access roads and at the station Air pollution  Reduction of air pollution from vehicle  Proper design and construction of facilities  Proper and regular emissions that encourage use of the station maintenance of the railway line  Provision of regular train services on the line Growth of socio-economic  Growth of Kikuyu centre and surrounding  Liaise with physical planning department  Monitor growth of the Kikuyu investments and activities areas near the station and local authorities for location of area to expand infrastructure  More investors in various sectors will construction of parking bays, access and  Kiambu County to control want to invest in the area due to easy other amenities that can be constructed development through spatial access provided by the railway line near Kikuyu planning of the area NAMSIP SGS & VDP S.L.R 94 Kikuyu Railway Station ESIA Report Version: Final Environmental and Anticipated Impacts/Remarks Proposed Enhancement during Design and Proposed Enhancement Social Aspect Construction phases during Operation and Decommissioning phases Employment  Direct temporary employment for skilled  Utilize local labour during construction work  Utilize local labour during opportunities and unskilled labour for many of the local  Utilize local materials available in the area maintenance people for example as casual labourers for construction during construction works.  There will also be other jobs associated provision of goods and services to permanent and temporary employees e.g. food industry.  Other indirect jobs that will be generated after the completion of the station include improvement of commerce and trade in the area 8.3 Negative Impacts and proposed mitigation measures Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases  Interference with physical, cultural or  Use of “Chance Find� procedures (See  Chance Finds architectural resources Annex 2 of this document  Loss of vegetation through clearance  Minimize clearing of unnecessary areas  Replenish vegetation at the Loss of vegetation to pave way for construction at the construction site station regularly  Replant vegetation through landscaping  Proper maintenance of trees and upon completion other vegetation at the station  Clearance of vegetation and top soil  Construct efficient drainage structures  Regular cleaning and proper Soil erosion due to changes in stripping at the construction areas (culverts, mitre drains, scour checks maintenance/repair of drainage hydrology/ drainage etc. might cause soil erosion etc.) structures  An increase in paved areas means  Control earthworks through cascading that there will be more runoff than gabions and distribution channels for NAMSIP SGS & VDP S.L.R 95 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases normal, which will affect the drainage storm water systems, hydrological regimes and  Protect excavated sections of the route storm drains. of storm water during heavy rains  There will be an increase in drainage  Provide erosion channels to natural speed which in turn will create heavy drains and rivers/streams to minimize outfalls and worsen soil erosion erosion cases along the drainage systems  Disruption of water used in the area  Contractor to generate utility  Contractor to minimize damage Disruption of public utilities or reduction in regular flow management plan to public utilities during routine  Contractor to minimize damage to public maintenance utilities  Degradation of Air through dust  Regular watering of access roads and Air pollution emissions work sites to reduce dust emissions  Air pollution from emissions by  Vehicles and machinery engines should construction vehicles and other always be switched off when not in use equipment during their operations  Increased dust and air pollution levels could impact on public health  Noise generated during construction  Construction activities should be carried  Proper maintenance of trains Noise Pollution activities such as operation of out only during the day to minimize  Sensitize operators on hooting construction equipment, excavations, noise levels to the residents unnecessarily etc.  Explosive blasting shall not to be used  Increased noise pollution levels could impact on public health.  Competition of water resources with  Develop water abstraction plan to  Monitor water wastage and Water resources usage the needs of the local population minimize conflict with local residents usage during operational stages  Manage use of piped water and other of the station water sources mainly used by local  Install pressure taps that people minimize and time usage  Abstraction licenses should be obtained  Repair damaged taps and toilets NAMSIP SGS & VDP S.L.R 96 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases from the required authority (WARMA) to minimize waste  Contamination of water resources  Incorporate erosion control measures  Monitor oil spills and other Water Pollution with oil and fuel spills by construction during construction at the site leakages at the station and equipments at construction site  No oils and fuels should be stored on parking lots  Other construction materials such as the construction site – small works  Regular cleaning of oil sumps paints, bituminous materials and  Maintenance, re-fueling and cleaning of and storm water drains at the other associated chemicals may also equipment should NOT be done at station find their way into adjacent streams construction site by the contractor – but near the project. 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 streams  During construction, there will be  Initiate a safety program and measures  Maintain road and warning signs Traffic safety some increased danger to workers, by creating awareness and educational for road users to the station motorists, pedestrians, livestock, campaigns for workers and local  Monitor road accidents and keep wildlife, and other NMTs as a result communities a log of type and place of of increased traffic in the area  Install appropriate road signage for accidents to improve safety for  There will also be risks of accidents safety of workers and road users during railway station commuters from the contractor’s vehicles construction  Install speed signs at high risk areas near the construction site-especially on the access road to the station  Copies of insurance policies for the contractor’s drivers and vehicles should be provided to the Supervision NAMSIP SGS & VDP S.L.R 97 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases 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 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.  Potential solid waste generated from  Contractor to establish a solid waste  Provision of disposal bins at Solid Waste construction works from construction management plan for solid disposal of designated areas at the station waste and spoils debris/ garbage at the construction site  Regular collection and disposal  Solid waste generated from operation to be approved by the Project Engineer of garbage by the project of the facilities by commuters, e.g.  All construction waste shall be removed proponent plastics, paper, etc. from site when the contractor complete  Clean storm water drains to the works minimize clogging  There could be an increase in  Ensure the station is fenced off to  Liaise with county physical Settlements/Induced informal settlements near the station. discourage informal settlement and planning department and local settlements changes trading within the premises authorities to ensure traders and informal settlement does not NAMSIP SGS & VDP S.L.R 98 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases block station operations  Social unrest may occur as a result  Unskilled construction and skilled (if  N/A Social unrest of local people being denied available) labor to be hired from the employment local population as far as possible to minimize on influx of foreigners into the community.  Use of manual labor during trenching works where possible to ensure more employment of locals and hence ensure project support throughout the construction process.  Potential outbreak of illnesses due to  Contractor to provide clean and  Project proponent to provide Workers and commuters health poor sanitation of the workers at the adequate sanitation facilities for the clean and adequate sanitation and sanitation construction site and during workers at all times facilities for the commuters operational stages  Contractor shall also provide clean drinking water at the construction site for his workers at all times  Increase of crime rates due to  Proper design incorporating lighting to  Ensure that the local Security and Crime workers influx in the area enhance security at the station administration units and railway  Crime rate may also increase  Sensitize the construction workers, police provide regular especially after completion of the locals, and security to be on the lookout surveillance and patrols at the project as the area will be opened up on suspicious activities near the station station to protect commuters with easy access to other areas near  Liaise with the administration units  Proper maintenance of lighting the station (County and sub county governments, at the station Police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and commuters  Increase of immigrant workers in the  Reduce risk of transfer through  Maintain a continuous HIV/AIDs and STIs area might increase the spread of provision of male and female condoms awareness program on health sexually transmitted diseases, for all workers; issues related to STDs and including HIV/AIDs HIV/AIDS at the station, e.g. NAMSIP SGS & VDP S.L.R 99 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases  Provide free STI and HIV/AIDS installing posters at the station screening, diagnosis, counseling for workers and local people near the site  Sensitize workers and the surrounding community on awareness, prevention and management of HIV / AIDS through staff training, awareness campaigns, multimedia, and workshops or during community Barazas.  Construction workers will be exposed  Contractor shall provide an  Provision of adequate and right Occupational Health And Safety to risks of accidents and injuries as a Occupational Health and Safety Policy safety tools and personal result of construction activities and OHS Plan for the work to be protective equipments (PPEs) to including use of machines, use of performed at the sites consistent with protect and prevent possible scaffolding for above ground works, OSHA 2007 and WBG EHS Guidelines injuries to the workers during metal grinding and cutting, concrete  Provide medical and insurance cover for maintenance work, steel erection and welding all workers among others  In collaboration with local health authorities, ensuring that medical staff, first aid facilities are available at all times at the site  Appoint an Occupational Health and Safety (OHS) officer at the site, with necessary authority and resources to manage OHS issues  Provision of adequate and right safety tools and personal protective equipments (PPEs) to protect and prevent possible injuries to the workers  The site shall be fenced off and NAMSIP SGS & VDP S.L.R 100 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases provided with security at the access gates to reduce potential accidents and injuries to the public  Exploitation of children in child labour  Ensure no children are employed on site  Ensure no children are Child protection and sexual harassment in accordance with national labor laws employed on site in accordance  Ensure that any child sexual relations with national labor laws offenses among contractors’ workers  are promptly reported to the police  The client and the contractor shall adopt a ‘Child Protection Code of Conduct’ which sets stringent standards for personal behavior so as to avoid child exploitation and abuse.  The Contractor shall require his employees, sub-contractors, sub- consultants, and any personnel thereof engaged in construction works to individually sign and comply with this Code of Conduct.  Discrimination of women on jobs,  Same as during construction Gender equity, sexual  Contractor to prepare and enforce a No unequal pay, and sexual harassment phase harassment Sexual Harassment Policy in during construction works accordance with national law where applicable  Contractor and 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 NAMSIP SGS & VDP S.L.R 101 Kikuyu Railway Station ESIA Report Version: Final Impacts on or due to Anticipated Impacts / Remarks Proposed Mitigation during the Design Proposed Mitigation during the and Construction phases Operation and Decommissioning phases bathing, changing, sanitation facilities  Grievance redress mechanisms including non-retaliation  Employees and other people in the  Contractor shall maintain records and  N/A Loss of life, injury, or damage to area might lose their life as a result of making reports concerning health, people and private property the project construction safety and welfare of persons, and damage 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 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  Excavated sites, embankments, and dangerous locations are protected with proper safety barriers, tape and warning signs. NAMSIP SGS & VDP S.L.R 102 Kikuyu Railway Station ESIA Report Version: Final CHAPTER NINE 9 THE ENVIRONMENTAL & SOCIAL MANAGEMENT AND MONITORIG PLAN 9.1 Significance of ESMMP The purpose of the Environmental/Social Management & 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: o To provide evidence of practical and achievable plans for the management of the proposed project. o To provide the Proponent and the relevant Lead Agencies with a framework to confirm compliance with relevant laws and regulations. o 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. 9.2 Environmental, Social, Management and Plan The construction Contractor will be responsible for the implementation of the construction phase ESMMP. 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 trained and competent and hold the appropriate certification for the tasks that they will be undertaking. NAMSIP SGS & VDP S.L.R 103 Kikuyu Railway Station ESIA Report Version: Final 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. 9.2.1 Pre-construction and construction Phases ESMMP The crucial 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 are as outlined below: NAMSIP SGS & VDP S.L.R 104 Kikuyu Railway Station ESIA Report Version: Final Table 9-1 :–Environmental Management and Monitoring plan Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) Loss of vegetation CONSTRUCTION PHASE Design Engineer, (c) check and follow Included in the  Minimize clearing of unnecessary Project Engineer and specifications in the Continuous during BoQ under areas at the construction site Contractor drawings and plans construction & excavations  Replant vegetation through (c) Minimal clearance of operation phases landscaping upon completion vegetation and soil stripping OPERATION PHASE  Replenish vegetation at the station regularly  Proper maintenance of trees and other vegetation at the station soil erosion CONSTRUCTION PHASE Design Engineer, (c ) and (o) During rainy seasons Included in the  Construct efficient drainage Project Engineer and  Soil erosion levels BoQ under structures (culverts, mitre drains, Contractor Drainage scour checks etc.) KRC Structures  Control earthworks through Normal cascading gabions and distribution maintenance channels for storm water budget of the  Protect excavated sections of the station during route of storm water during heavy operation rains  Provide erosion channels to natural drains and rivers/streams to minimize erosion  Design to incorporate existing drainage pattern and avoid disturbing the same NAMSIP 105 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) OPERATION PHASE  Regular cleaning and proper maintenance/repair of drainage structures Disruption of DESIGN and CONSTRUCTION Public Utilities PHASE Project Engineer and (c) Down time of utilities (c) daily Budget under  Design to incorporate existing Contractor affected provisional public utilities and avoid disturbing Utilities providers sums of Utilities the same  Complaints from the  Contractor to generate utility local residents management plan  No of disruptions  Contractor to minimize damage to public utilities CONSTRUCTION PHASE Project Engineer, inspection / observation Equipment - Air Pollution  Speed control of vehicles Contractor,  Dust level – particulate daily/random costs build in accessing the site Traffic police matter the planning  Construction of bumps along  Exhaust fumes from and access road to the station the vehicles administration  Regular watering of access  Maintenance levels of costs of the roads and work sites plant and equipment contractor  Proper maintenance of equipment construction equipment per the manufacturer requirements NAMSIP 106 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) CONSTRUCTION PHASE Project Engineer and inspection / observation daily/random Noise pollution  Regular Sensitization of Contractor Costs build in workforce and residents on  Noise level at the the planning potential noise levels construction site and  Controlled operation of  Number of Complaints administration construction plant and from the residents costs of the equipment contractor  No blasting shall be done on site Water Resources CONSTRUCTION PHASE Usage  Develop water abstraction plan to Project Engineer and Inspection /method of (c) monthly Costs build in minimize conflict with local Contractor waste collection the planning residents and  Manage use of piped water and WARMA  Complaints from the administration other water sources mainly used neighbouring costs of the by local people communities or the contractor  Abstraction licenses should be authorities obtained from the required Amount of water authority (WARMA) abstracted OPERATION PHASE  Monitor water wastage and KRC  inspection (o) monthly usage during operational stages  Amount of water used Normal of the station  Repairs and damaged maintenance  Install pressure taps that water facilities budget minimize and time usage  Repair damaged taps and toilets to minimize waste Water Pollution DESIGN and CONSTRUCTION PHASE Project Engineer and Inspection (c) daily Costs build in NAMSIP 107 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs)  Incorporate erosion control Contractor  Discharge into water the planning measures during construction at bodies (o) regularly and the site Sub-County Health &  Complaints from the administration  No oils and fuels should be stored Environmental Officer, neighbouring costs of the on the construction site – small NEMA, WARMA communities or the contractor works KRC authorities &  Maintenance, re-fueling and  Inspection status of Maintenance cleaning of equipment should NOT streams, rivers and costs of the be done at construction site by the wetlands in the area of station contractor – but in a licensed influence 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 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  Initiation of a safety program and Project Engineer and measures by creating awareness Contractor Inspection and accident Monthly Costs build in and educational campaigns for reports the planning NAMSIP 108 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) workers and local communities Local Police, and  Installation of appropriate road KRC (c) & (o) - No of accidents administration signage, speed signs, and other costs of the warning signs at the site and ( c) & (o) - Complaints contractor access roads from the local people  Copies of insurance policies for the contractor’s drivers and ( c) Adherence of insurance vehicles should be provided to the and traffic Act requirements 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 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 NAMSIP 109 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) during operation stages) Settlement/Induced CONSTRUCTION PHASE Inspection/observation settlement changes  Ensure the station is fenced off to KRC, Local sub-county Number of informal monthly No direct costs discourage informal settlement Authorities settlements coming up near and trading within the premises the project  Discourage informal settlement near the station Social Issues - CONSTRUCTION PHASE Contractor,  (c ) observation /reports No direct costs employment  Utilization of local skilled and Project Engineer  Number/percentage of Monthly to EMMP, costs unskilled workers local workers from the build in the local communities planning and  Complaints from local administration residents costs of the contractor Workers and  Contractor to provide clean and Contractor, No direct costs commuters health adequate sanitation facilities for Project Engineer  Inspection/observation/ Daily to EMMP, costs and sanitation the workers at all times reports Monthly reports build in the  Contractor shall also provide clean KRC  Number of sanitation planning and drinking water at the construction facilities administration site for his workers at all times  Sanitation facilities costs of the OPERATION PHASE cleanliness contractor  Project proponent to provide clean  Number of disease & Normal and adequate sanitation facilities outbreaks maintenance for the commuters costs during operation Security and Crime  Proper design incorporating Contractor, Monthly No direct costs lighting to enhance security at the Project  Reporting to EMMP, costs station Engineer  Number of crimes build in the  Sensitize the construction workers, Local police reported planning and NAMSIP 110 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) locals, and security to be on the KRC administration lookout on suspicious activities costs of the near the station contractor  Liaise with the administration units & Normal (County and sub county operational governments, Police, DO, chiefs, costs during etc.) to provide regular operation surveillance and patrols to protect workers and commuters CONSTRUCTION PHASE Contractor, Project observation / reports HIV/AIDS, STDs,  Sensitize workers and the Engineer  No of HIV/AIDs Monthly a) HIV/AIDS surrounding community on programs conducted by awareness awareness, prevention and Sub-county Health & the contractor campaign management of HIV / AIDS Environmental Officer,  No of testing, b) HIV/AIDS through staff training, awareness local sub-county counseling provided prevention campaigns, multimedia, and authorities  Prevalence of campaign workshops or during community prostitution, HIV/AIDS Barazas; and STDs in the area Approx. Kshs as  Reduce risk of transfer through during construction per provided in provision of male and female period the BoQ condoms for all workers;  Provide free STI and HIV/AIDS screening, diagnosis, counseling for workers and local people near the site OPERATION PHASE Continuous  Maintain a continuous awareness Environmental Unit at  observation / reports Response to program on health issues related KERRA  Information flow, HIV/AIDS issues to STDs and HIV/AIDS at the dissemination and NAMSIP 111 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) station, e.g. installing posters at awareness on the station HIV/AIDs  No of posters at the station CONSTRUCTION PHASE Inspection Solid Waste  Establish a well-planned method Contractor and Project  Disposal methods of weekly Costs build in of solid disposal of debris/ Engineer solid waste from the the planning garbage at the camp site site and   Complaints on health administration and safety aspects costs of the related to construction contractor activities  Site cleanliness  Amount of waste/debris on site OPERATION PHASE  Inspection KRC budget  Provision of disposal bins at KRC  Accumulation of daily designated areas at the station Local Sub-county garbage at the station  Regular collection and disposal of council  Complaints by garbage by the project proponent commuters  Clean storm water drains to  Number of drainage minimize clogging areas clogged  Facilities cleanliness Occupational  inspection Health and Safety CONSTRUCTION PHASE Project Engineer and  No of PPEs provided Monthly Standard  Provide medical and insurance Contractor  Workers OHS conditions of cover for all workers Sub-county Health & compliance (use and contract for  Provide adequate and right Environmental Officer adequacy) WIBA NAMSIP 112 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) safety tools, and enforce use of  Number of construction PPEs to all workers activities related Health & Safety  Appoint a fulltime OHS accidents for Workers and personnel Equipment -  Ensure provisions of first aid for Kshs 1,000,000 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 PHASE observation Child protection  Ensure no children are employed Contractor, Project /reports/random checks Regularly No Direct costs on site in accordance with Engineer,  Inspection of national labor laws employees working at  Ensure that any child sexual the site relations offenses among  Labour Records by the contractors’ workers are contractor promptly reported to the police  The client and the contractor shall adopt a ‘Child Protection Code of Conduct’ which sets stringent standards for personal behavior so as to avoid child NAMSIP 113 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) exploitation and abuse.  The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with this Code of Conduct. Gender equity and CONSTRUCTION PHASE Contractor, Project observation /reports monthly Sexual harassment  Contractor to prepare and enforce Engineer,  Number of incidences No direct costs a No Sexual Harassment Policy in  Number of women to EMMP, costs accordance with national law employed build in the where applicable  Labour Records by the planning and  Contractor and implementing contractor administration agency to prepare and implement costs of the a Gender Action plan to include at contractor minimum, in conformance with local laws and customs, equal opportunity employment, gender sensitization  Provision of gender disaggregated bathing, changing, sanitation facilities  Grievance redress mechanisms including non-retaliation Loss of life, injury, CONSTRUCTION PHASE Contractor, Project No direct costs or damage to  Contractor shall maintain records Engineer, to EMMP, costs people and private and making reports concerning build in the property health, safety and welfare of planning and NAMSIP 114 SGS & VDP S.L.R Kikuyu Railway Station ESIA Report Version: Final Project Proposed Mitigation and Aspects Responsibility for Parameters for Timing - Estimated Environmental for Monitoring intervention and Monitoring/ Indicators Recommended Mitigation & and Social Impact monitoring during (c ) – construction frequency of Monitoring design, construction (o) - operations monitoring costs to be and defects liability included in the period BoQ (Kshs) persons, and damage to property, administration as the RE may reasonably require costs of the  Insuring against liability for any contractor 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 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 TOTAL APPROXIMATE COSTS OF ESMMP Kshs 6,000,000 NAMSIP 115 SGS & VDP S.L.R Kikuyu Railway Station Draft ESIA Report Version: 01 9.2.2 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. Kikuyu Railway Station ESIA Report Version: Final CHAPTER TEN 10 CONCLUSION AND RECOMMENDATIONS 10.1 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 Kikuyu 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. NAMSIP SGS & VDP S.L.R 117 Kikuyu Railway Station ESIA Report Version: Final 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 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. 10.2 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. NAMSIP SGS & VDP S.L.R 118 Kikuyu Railway Station ESIA Report Version: Final 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 Kshs. Six millions. 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. 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.  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 SGS & VDP S.L.R 119 Kikuyu Railway Station ESIA Report Version: Final REFERENCES Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government printer, Nairobi Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi Kenya gazette supplement Acts Land Planning Act (Cap. 303) government printer, Nairobi Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi Kenya gazette supplement Acts Public Health Act (Cap. 242) government printer, Nairobi Kenya gazette supplement number 56. Environmental Impact Assessment & Audit Regulations 2003.Government Printer, Nairobi. The Environmental Management & Coordination Act 1999 (EMCA 1999). The Kiambu County Integrated Development Plan (2013-2017). NAMSIP SGS & VDP S.L.R 120 Kikuyu Railway Station ESIA Report Version: Final ANNEXES Annex Description Annex 1 Site layouts/Project designs Annex 2 Sample Chance Find Procedures Annex 3 Grievance Redress Mechanisms Annex 4 List of Participants who attended public meeting Annex 5 Minutes of Public Participation and Consultation Meeting NAMSIP SGS & VDP S.L.R 121 Kikuyu Railway Station ESIA Report Version: Final Annex 1: Site Layout Work Plan Annex 10-1: Station’s Layout NAMSIP SGS & VDP S.L.R 122 Kikuyu Railway Station ESIA Report Version: Final Annex 10-2: Site Layout Work Plan NAMSIP SGS & VDP S.L.R 123 Kikuyu Railway Station ESIA Report Version: Final Annex 10-3: Layout of Storm Water Drainage NAMSIP SGS & VDP S.L.R 124 Kikuyu Railway Station ESIA Report Version: Final Annex 10-4: Layout of Sewerage System NAMSIP SGS & VDP S.L.R 125 Kikuyu Railway Station ESIA Report Version: Final Annex 10-5: Layout of Water supply System NAMSIP SGS & VDP S.L.R 126 Kikuyu Railway Station ESIA Report Version: Final Annex 2: Sample Chance Find 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 Resident 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 SGS & VDP S.L.R 127 Kikuyu Railway Station ESIA Report Version: Final Annex 3: Grievance Redress Process 1. Steps in dealing with grievances 1.1. Complaint received in writing from affected person 1.2. Recording of grievance in standard form 1.3. Reconnaissance site visit with the complainant. 1.4. Submission of detailed complaint to Resident Engineer for resolution by negotiation. 1.5. Submission of detailed complaint to the Grievance Committee for resolution by mediation. 1.6. Submission of complaint to NaMSIP for resolution. 2. Composition of grievance committee Name Designation Organization Position 1 Resident Engineer Committee Secretary 2 Assistant Resident Engineer Committee Assistant Secretary 3 Contractor Representative Member 4 Member of Surrounding Member Community 5 Site Administrator Member NAMSIP SGS & VDP S.L.R 128 Kikuyu Railway Station ESIA Report Version: Final GRIEVANCE RESOLUTION PROCEDURE Recording of grievance in Receipt of Complaint standard forms from affected person Reconnaissance site visit Yes – 3 days Y Can the grievance be resolved e by the Resident Engineer’s s office? N (Negotiation) Yes –Y STORAGE OF ALL GRIEVANCE o 5 days Can the grievance be resolved by Grievance Committee? e RELATED DOCUMENTS (Mediation) s N o Submission of grievance to NaMSIP for resolution. YesY Grievance resolved e s NAMSIP SGS & VDP S.L.R 129