115060 V1




 Lake Victoria North Water Services Board    Lake Victoria South Water Services Board

  PROPOSED DROUGHT MITIGATION BOREHOLES FOR
   LAKE VICTORIA SOUTH WATER SERVICES BOARD
                    (LVSWSB)
              Proposed Nyamila Borehole
                  (Homa Bay County)




 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT
             (PROJECT REPORT)
Consultant:

Harrison W. Ngirigacha (MSc. WERM, BSc. Chem, NEMA Reg.)
Lead Expert
P. O. Box 1902 – 00100,
Nairobi
Tel. +254 722 809 026
Email: ngirigachahw@gmail.com, aquaclean2008@gmail.com

                                       April 2017
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)



Client:           Lake Victoria North Water Services Board (LVNWSB) / Water and Sanitation Improvement
                  Project – Additional Financing (WaSSIP-AF)


Assignment:       Undertake ESIA Project Report Proposed Nyamila Borehole in Homa Bay County


Report Title:     Environment and Social Impact Assessment Project Report


Report Prepared by:


Harrison W. Ngirigacha (MSc. WERM, BSc. Chem. NEMA Reg.),
Lead EIA Expert
Aquaclean Services Limited
P. O. Box 1902 – 00100,
Nairobi, Kenya

Tel.   +254 722 809026
Email: ngirigachahw@gmail.com




Signed:                                                                    Date:
                  Mr. Harrison W. Ngirigacha (MSc. WERM, BSc. Chem. NEMA
                  Reg.), Lead EIA Expert (NEMA Reg. No. 0027)




Client:

Chief Executive Officer,
Lake Victoria South Water Services Board (LVSWSB)
Lavictors House, off Ring Road, Milimani
P. O. Box 3325 – 40100,
Kisumu, Kenya


Tel.: +254-057-2025128
Fax: +254-057-2025127




          Signed:                                                                  Date:




                                                                                                               Page 1 of 135
    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)      Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)


Table of Contents

EXECUTIVE SUMMARY ........................................................................................................................................... 7
CHAPTER 1:               PROJECT BACKGROUND ....................................................................................................... 11
   1.1    INTRODUCTION ........................................................................................................................................... 11
   1.2    LAKE VICTORIA SOUTH W ATER SERVICES BOARD...................................................................................... 11
   1.3    THE PROJECT............................................................................................................................................. 12
   1.4    EIA JUSTIFICATION ..................................................................................................................................... 13
   1.5    TERMS OF REFERENCE .............................................................................................................................. 14
     1.5.1     EIA Objectives ................................................................................................................................. 14
     1.5.2     Scope of EIA .................................................................................................................................... 14
   1.6    EIA METHODOLOGY ................................................................................................................................... 15
     1.6.1     Environment Assessment ............................................................................................................... 15
     1.6.2     Stakeholders Consultations ............................................................................................................ 15
     1.6.3     Field Assessment ............................................................................................................................ 16
     1.6.4     Reporting .......................................................................................................................................... 16
   1.7    ESIA TEAM ................................................................................................................................................ 16
CHAPTER 2:               PROJECT DESCRIPTION ......................................................................................................... 18
   2.1    PROJECT LOCATION ................................................................................................................................... 18
   2.2    EXISTING SITUATION .................................................................................................................................. 19
   2.3    PROJECT BACKGROUND ............................................................................................................................. 20
   2.4    PROPOSED INTERVENTIONS ....................................................................................................................... 20
   2.5    THE PROJECT COMPONENTS...................................................................................................................... 21
   2.6    DESIGN CONCEPTS .................................................................................................................................... 22
     2.1.1     General ............................................................................................................................................. 22
     2.1.2     Water Transmission and Distribution ............................................................................................. 22
     2.1.3     The Pumping System ...................................................................................................................... 22
     2.1.4     Existing Water Sources ................................................................................................................... 23
   2.7    ALTERNATIVE ANALYSIS ............................................................................................................................. 24
     2.7.1     “NO Action” Alternative.................................................................................................................... 24
     2.7.2     Water Sources Alternatives ............................................................................................................ 24
     2.7.3     Distribution Alternatives .................................................................................................................. 25
     2.7.4     Management Alternatives ............................................................................................................... 25
   2.8    ANTICIPATED CHALLENGES ........................................................................................................................ 25
   2.9    IMPLEMENTATION PLAN .............................................................................................................................. 25
   2.10 COST ESTIMATES ....................................................................................................................................... 25
CHAPTER 3:               POLICY, LEGAL ISSUES AND INSTITUTIONAL FRAMEWORK......................................... 27
   3.1    AN OVERVIEW ............................................................................................................................................ 27
   3.2    POLICY PROVISIONS ................................................................................................................................... 27
     3.2.1    Constitution of Kenya ...................................................................................................................... 27
     3.2.2    Environmental Policy Framework ................................................................................................... 28
     3.2.3    Kenya Vision 2030 ........................................................................................................................... 29
     3.2.4    National Water Policy ...................................................................................................................... 29
     3.2.5    The Agricultural Policy..................................................................................................................... 30
     3.2.6    The Land Policy ............................................................................................................................... 30
   3.3    LEGAL FRAMEWORK ................................................................................................................................... 31
     3.3.1    Environmental Management and Co-ordination Act (EMCA)....................................................... 31
     3.3.2    Environmental Management Regulations ...................................................................................... 32
     3.3.3    County Governments Act ................................................................................................................ 33
     3.3.4    The Water Act (2002) ...................................................................................................................... 33

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     Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)                                   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

    3.3.5     Water Resources Management Rules 2007.................................................................................. 34
    3.3.6     Agricultural Act ................................................................................................................................. 35
    3.3.7     Public Health Act Cap 242 .............................................................................................................. 35
    3.3.8     Forest Act ......................................................................................................................................... 36
    3.3.9     Way Leave Act 292 ......................................................................................................................... 36
    3.3.10    The National Land Commission Act (2012) ................................................................................... 37
    3.3.11    Physical Planning Act, 1996 ........................................................................................................... 37
    3.3.12    Work Injury Benefits Act, 2007 ....................................................................................................... 38
    3.3.13    Occupational Safety and Health Act 2007 ..................................................................................... 38
    3.3.14    Public Responsibility and Participation .......................................................................................... 38
  3.4    INSTITUTIONAL STRUCTURE OF THE W ATER SECTOR ................................................................................. 38
    3.4.1     Water Services Regulatory Board (WASREB) .............................................................................. 38
    3.4.2     Water Resources Management Authority (WRMA) ...................................................................... 39
    3.4.3     Water Services Trust Fund (WSTF) ............................................................................................... 39
    3.4.4     Water Services Boards (WSBs) ..................................................................................................... 39
    3.4.5     Water Services Providers................................................................................................................ 40
    3.4.6     The National Water Conservation and Pipeline Corporation (NWCPC)...................................... 40
    3.4.7     National Irrigation Board (NIB)........................................................................................................ 40
  3.5    NEMA COMPLIANCE .................................................................................................................................. 40
  3.6    THE W ORLD BANK SAFEGUARDS ............................................................................................................... 40
    3.6.1     OP/BP 4.01 (Environmental Assessment) ..................................................................................... 40
    3.6.2     OP/BP 4.04 (Natural Habitats)........................................................................................................ 42
    3.6.3     OP/BP 4.11 (Physical Cultural Resources) ................................................................................... 42
    3.6.4     OP/BP 4.12 (Involuntary Resettlement) ......................................................................................... 42
    3.6.5     OP/BP 4.36 (Forests) ...................................................................................................................... 43
    3.6.6     OP/BP 4.10 (Indigenous Peoples) ................................................................................................. 43
CHAPTER 4:              ENVIRONMENTAL SETTING.................................................................................................... 44
  4.1    OVERVIEW .................................................................................................................................................. 44
  4.2    TOPOGRAPHY ............................................................................................................................................. 44
  4.3    GEOLOGY AND SOILS ................................................................................................................................. 44
  4.4    W ATER RESOURCES .................................................................................................................................. 45
  4.5    HYDROLOGY AND DRAINAGE ...................................................................................................................... 45
  4.6    SANITATION AND HYGIENE .......................................................................................................................... 45
  4.7    PUBLIC HEALTH STATUS............................................................................................................................. 46
  4.8    W ASTE MANAGEMENT ................................................................................................................................ 47
  4.9    BIODIVERSITY ............................................................................................................................................. 47
  4.10 CLIMATIC CONDITIONS................................................................................................................................ 47
    4.10.1    Rainfall and Temperatures .............................................................................................................. 48
    4.10.2    Wind.................................................................................................................................................. 48
    4.10.3    Air Quality ......................................................................................................................................... 48
  4.11 NOISE AND VIBRATIONS .............................................................................................................................. 49
CHAPTER 5:              SOCIAL AND ECONOMIC SETTING ....................................................................................... 50
  5.1    OVERVIEW .................................................................................................................................................. 50
  5.2    LAND AND SETTLEMENTS ........................................................................................................................... 50
    5.2.1    Land Ownership and Land Use ...................................................................................................... 50
    5.2.2    Settlements Patterns and Housing Characteristics ....................................................................... 50
  5.3    DEMOGRAPHIC PATTERNS .......................................................................................................................... 51
  5.4    ECONOMIC ACTIVITIES ................................................................................................................................ 51
    5.4.1    Agriculture ........................................................................................................................................ 51
    5.4.2    Trade and Finance .......................................................................................................................... 52
    5.4.3    Transport and Communication ....................................................................................................... 52
  5.5    SOCIAL W ELFARE INDICATORS ................................................................................................................... 53
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    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)                                    Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

    5.5.1    Poverty and Income Levels............................................................................................................. 53
    5.5.2    Education ......................................................................................................................................... 54
  5.6    HEALTH ...................................................................................................................................................... 54
  5.7    CROSS CUTTING ISSUES ............................................................................................................................ 54
    5.7.1    Gender.............................................................................................................................................. 55
    5.7.2    Social and Cultural Setting.............................................................................................................. 55
    5.7.3    HIV/AIDS and Other Communicable Diseases ............................................................................. 55
CHAPTER 6:               PUBLIC CONSULTATIONS ...................................................................................................... 56
  6.1    OVERVIEW .................................................................................................................................................. 56
  6.2    OUTCOME OF CONSULTATIVE PUBLIC PARTICIPATION ................................................................................ 56
  6.3    GENERAL VIEWS ........................................................................................................................................ 57
    6.3.1    Employment Opportunities.............................................................................................................. 57
    6.3.2    Improvement of Local and National Economy ............................................................................... 57
    6.3.3    Boosting of the Informal Sector ...................................................................................................... 57
    6.3.4    Improvement of Sanitation .............................................................................................................. 58
    6.3.5    Time Saving ..................................................................................................................................... 58
  6.4    FEARS AND CONCERNS ............................................................................................................................... 58
    6.4.1    Increased Dust Emissions (Air Pollution) ....................................................................................... 58
    6.4.2    Social Concerns ............................................................................................................................... 58
  6.5    SUGGESTIONS AND RECOMMENDATIONS .................................................................................................... 58
CHAPTER 7:               ANTICIPATED IMPACTS AND MITIGATION MEASURES ................................................... 59
  7.1    AN OVERVIEW ............................................................................................................................................ 59
  7.2    IMPACTS CRITERIA ..................................................................................................................................... 59
  7.3    SIGNIFICANCE MATRIX................................................................................................................................ 60
  7.4    POSITIVE IMPACTS ...................................................................................................................................... 61
  7.5    NEGATIVE IMPACTS .................................................................................................................................... 62
    7.5.1     Soil Loss and Compaction .............................................................................................................. 62
    7.5.2     Groundwater Pollution ..................................................................................................................... 63
    7.5.3     Groundwater Depletion ................................................................................................................... 63
    7.5.4     Water Quality and Quantity ............................................................................................................. 64
    7.5.5     Noise and Vibrations ....................................................................................................................... 64
    7.5.6     Hazardous Wastes .......................................................................................................................... 65
    7.5.7     Solid Wastes .................................................................................................................................... 66
    7.5.8     Vegetation Clearing, Soil Erosion and Sedimentation .................................................................. 66
    7.5.9     Health and Safety Issues ................................................................................................................ 67
    7.5.10    HIV/AIDS .......................................................................................................................................... 67
    7.5.11    Potential Cultural Disruptions ......................................................................................................... 68
    7.5.12    Operations and Maintenance.......................................................................................................... 69
    7.5.13    Land Acquisition .............................................................................................................................. 69
CHAPTER 8:               ENVIRONMENT MANAGEMENT PLAN .................................................................................. 71
  8.1        MANAGEMENT PLAN PRINCIPLES ................................................................................................................ 71
  8.2        MANAGEMENT RESPONSIBILITIES ............................................................................................................... 72
  8.3        ENVIRONMENTAL MANAGEMENT GUIDELINES ............................................................................................. 72
  8.4        ENVIRONMENTAL EDUCATION AND AWARENESS RAISING ........................................................................... 72
  8.5        DECOMMISSIONING PROCESS .................................................................................................................... 73
  8.6        ENVIRONMENTAL AND SOCIAL MANAGEMENT ACTIONS MATRIX ................................................................. 73
  8.7        ENVIRONMENT MONITORING PLAN ............................................................................................................. 79
CHAPTER 9:               CONCLUSIONS AND RECOMMENDATIONS ........................................................................ 81
  9.1        CONCLUSIONS ............................................................................................................................................ 81
  9.2        RECOMMENDATIONS ................................................................................................................................... 81
                                                                                                                                                     Page 4 of 135
    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)                                     Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

REFERENCES ......................................................................................................................................................... 82
ANNEXES ................................................................................................................................................................. 83
   ANNEX 1:            TERMS OF REFERENCE ...................................................................................................................... 84
   ANNEX 2:            PROJECT DESIGN CONCEPTS (EXTRACTS) ........................................................................................ 93
   ANNEX 3:            LEAD EXPERTS PRACTICING LICENSE .............................................................................................. 100
   ANNEX 4:            LIST OF STAKEHOLDERS PARTICIPATING .......................................................................................... 102
   ANNEX 5:            MINUTES OF PUBLIC MEETING ......................................................................................................... 105
   ANNEX 6:            BOREHOLE W ATER QUALITY TEST RESULTS .................................................................................... 111
   ANNEX 7:            COPY OF NO OBJECTION LETTERS FROM THE LAND DONORS ........................................................... 115
   ANNEX 8:            COMMENTS FROM STAKEHOLDERS .................................................................................................. 124

List of Tables

Table 1:           Summary of project impacts ................................................................................................... 9
Table 2:           Cost Estimates for Nyamila Borehole .................................................................................. 26
Table 3:           Impacts Criteria ...................................................................................................................... 59
Table 4:           Significance Matrix ................................................................................................................ 60
Table 5:           EMP Matrix ............................................................................................................................. 74
Table 6:           Environment Monitoring Plan ............................................................................................... 79

List of Figures

Figure 1: Site Location Map .................................................................................................................. 18
Figure 2: The Site Location ................................................................................................................... 18
Figure 3: Conceptual Water Distribution Layout Plan ........................................................................ 23
Figure 4: Sample Community Sources of Water................................................................................. 23
Figure 5: Typical Vegetation Cover ...................................................................................................... 47
Figure 6: Typical vegetation..................................................................................................................... 47
Figure 7: Annual Rainfall and Temperature Trends ........................................................................... 48
Figure 8: Rodi Kopany Road ................................................................................................................ 53
Figure 9: Stakeholders Consultation Meeting ..................................................................................... 57




                                                                                                                                                        Page 5 of 135
      Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)                                      Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Acronyms


  dBa                          Decibels

 EIA                           Environmental Impact Assessment

 EMCA                          Environmental Management and Coordination Act

 EMP                           Environmental Management Plan

 GOK                           Government of Kenya

 NEMA                          National Environmental Management Authority

 NGO                           Non Governmental Organization

 PPE                           Personal Protective Equipment

 EHS                           Environmental Health and Safety

 EMMMP                         Environmental Management Mitigation and Monitoring Plan

 LAU                           Limits of Acceptable Use

 LUZ                           Low Use Zone

 OHS                           Occupational Health and Safety

 M                             Metres




                                                                                                             Page 6 of 135
     Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Executive Summary

Introduction

The Government of Kenya (GoK) has received credit from the World Bank through the International
Development Association (IDA) towards the cost of Water and Sanitation Improvement Project
Additional Financing (WaSSIP-AF). The Additional Financing includes a drought mitigation and
response component that will include preparation of detailed medium-term drought response and
mitigation strategies in Lake Victoria North, Lake Victoria South and Rift Valley Water Service Boards.
The LVNWSB, as the WaSSIP Project Implementing Board, Lake Victoria South Water Services
Board (LVSWSB) to implement the drought response measures. The proposed borehole project is
one of the drought mitigation measures financed by a grant from the World Bank under the Kenya
Water and Sanitation Services Improvement Project - Additional Financing (WaSSIP-AF) through
Lake Victoria South Water Services Board.

The Project

The proponent intends to develop a borehole water supply project with the objective of enhancing
sustainable access to clean and safe drinking water for use by Nyamila community. The objective of
this ESIA study is to evaluate the potential impacts of equipping of the borehole and develop
mitigation measures that aim at minimizing the negative impacts of the project while optimizing the
positive impacts. It involved largely an understanding of the project background, the project design
and the implementation plan as well as commissioning. In addition, baseline information was obtained
through physical investigation of the site areas, public consultations with members of the community
in the project areas, desktop research, and discussions with the Proponent.

Nyamila Water Project is located in Pundo Village, Kalanya-Kanyango Sub-location in East Kanyada
Location, Homabay County. The borehole is located 665101mE and 9931641mN by UTM
coordinates by GPS. This scheme should provide water for multiple uses and address effects of
drought in the area by catering for a population of about 1240 people. Nyamila Borehole was drilled
between 21st and 22nd July 2016 to a total depth of 78m. The tested average yield of the borehole is
3.0m³/hr. Water from the borehole will be pumped to a ground storage tank powered by a solar system
on a higher ground to facilitate water flow by gravity to consumer points in the five villages

ESIA Justification

Due to the unprecedented rate of environmental degradation in Kenya, the government realized the
need to curb the same and this led to the enactment of the Environmental Management and
Coordination Act, 1999. The Act requires among other things that an Environmental Impact
Assessment (EIA) study must be conducted on various categories of projects as outlined in the
Second Schedule and section 58 of the Act. The Water Act 2002 gives the Water Resources
Management Authority (WRMA) specific mandates to develop instruments for groundwater
management. This is also related to Environmental Management and Coordination Act (1999), the
legislation that coordinates all environmental issues in Kenya. The most significant environmental
issues concerning water supply project include contamination of water sources related to poor land
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    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

use planning, damage to water infrastructure, over pumping of ground water aquifers and improper
commissioning and rehabilitation of boreholes. EIA should be applied to all water abstraction projects
particularly boreholes since their scale of impacts require mitigation measures to be planned and
implemented.

EIA Objective and Scope

The objective of the study is to assess the impacts that may arise from Equipping of the borehole,
construction of the associated facilities, operational and decommissioning phases of the proposed
development. These include noise, dust and smoke onto the natural environment, occupational
hazards, health and safety aspects, loss of vegetation cover, waste management during the
construction and operational stages and the project’s impact on socio -cultural and economy of the
environment during its operational stages, etc.

The scope of the project was to identify at an early stage what the key receptors, impacts and project
alternatives to consider, what methodologies to use, and who to consult. It included review of existing
data, topographical, maps and existing studies and borehole site investigations in the area. Also
reviewed were hydrological reports and maps. Consultation with the proponent and the surrounding
community was necessary. Following the scoping process, anticipated impacts were evaluated on
each of the environmental issues.

General Findings

The ESIA study team established that main source of water in Kalanya-Kanyango sub location area
are some unprotected Shallow wells. The water level of the shallow wells fluctuate a lot and nearly
dries during the dry season. One major source of water in the area is Obambo well located a short
distance from the drilled borehole. The well is not safe both to the children and livestock as the top is
left open. Water from the wells are treated using traditional home methods such as clothe filtration,
boiling and of late using decanting chemicals. The average distance to the main source is 0.5km –
1km during wet season and 1km – 2.0km during dry season and it takes between 10mins to 30mins
to collect water during wet season and 30min to 1hrs during dry season. Most household do not buy
water and therefore their expenditure on water is minimal. They mainly pay for drinking water at KShs.
3.00 per 20l container i.e. for those who can afford to pay. The Shallow well is unreliable and
unprotected, it’s therefore not safe but they use it both for domestic and livestock. Additionally, water
collection falls disproportionately to girls who miss hours of class daily walking to and from the wells,
either balancing water containers on their heads or lugging them in their arms. With the borehole at
Pundo Village, the pupils will get to spend more time in school.

This ESIA reveals that the project does not have significant negative environmental impacts and that
most impacts are positive. The following are the anticipated significant impacts identified and the
proposed mitigation measures;




                                                                                                            Page 8 of 135
    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Table 1:          Summary of project impacts

                 Potential Impact                                      Suggested Mitigation Measures

 Vibration, Noise, air pollution and dust                Strict control under construction contract to limit these
 generation by traffic                                    impacts to acceptable levels
                                                      Watering to be enforced to keep dust levels low
                                                      Exercise shall be carried during normal working hours
 Material, oil and gasoline for machinery            Strict control by Supervising Engineer to ensure acceptable
 storage                                             storage practices
 Workforce accidents by unsafe working                Periodic awareness workshops for workforce on safe
 practices                                                working practices,
                                                      Workers to be provided with proper PPEs.
                                                      Strictly follow the EMP
 Pipeline leakage / bursting                         Ensure that pipeline connections and joints are regularly
                                                     checked
 Soil erosion and compaction                          Develop soil erosion management measures
                                                      Limit the circulation of heavy machinery to minimal areas
 Increased Water Demand                               Install a master meter on the borehole to monitor water
                                                          usage
                                                      Observe the Water Act 2007
 Solid waste management                               Disposal to be done by authorized refuse handlers
                                                      Regular collection of wastes to avoid accumulation at the
                                                          site
 Water Quality                                        The chemical and bacteriological quality tests to be done
                                                          regularly
                                                      The community should disinfect the water before use.

 Conclusions

    (i)      The proponent intends to supply clean and safe water to the community to mitigate the
             effects of draught. Ground water exploitation in the area is low due to high costs and
             depths. It is, however, considered clean and free of contamination hence meeting the
             expectations of the communities.

    (ii)     There is a general acceptability of the project by the local community arising from the long
             term challenges they have faced on accessing clean water. From this EIA process, the
             social and economic rating of this project is highly positive.

    (iii)    The location of the borehole and the water supply accessories falls on private and public
             lands (road reserves) and appropriate consent letters signed.

    (iv)     The project is low level and has limited rural coverage. In addition, the ESIA reveals that
             this project does not have adverse negative environmental impacts and for the impacts
             identified, adequate mitigation measures have been spelt out in the EMP.



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    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)    Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Recommendations

    (i)      From the detailed environmental and socio-economic analysis the proposed project, the
             experts are of the opinion that this is a viable project, and hence recommends that NEMA
             approves it and issues an EIA license.

    (ii)     It is further recommended that the Proponent and Contractors implement the
             recommendations in the environmental management plan and those in the health, safety
             and accident prevention action plan. This is to ensure that the potentially affected
             environment is well managed and that accidents are prevented in the course of project
             implementation. The Proponent is expected to comply with the relevant legal and policy
             requirements with regard to project implementation.

    (iii)    Abstraction of water from the borehole should be within the allowable conditions of the
             WRMA permits,

    (iv)     With the necessary environmental management in place, it is safe to say that the project
             is economically feasible, environmentally sound, and socially acceptable. The design of
             the project is sound from the environmental and economic point of view and should be
             implemented. Recommendations for the prevention and mitigation of adverse impacts are
             as follows: -
              Implementation of the project should await the finalization of the EIA process and
                 issuance of an EIA license
              Any unforeseen environmental impacts should be reported to the environmental
                 experts and NEMA as soon as possible for prompt remedial action
              The borehole water to be tested regularly to ascertain quality




                                                                                                           Page 10 of 135
    Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Chapter 1:          Project Background

1.1     Introduction

The Government of Kenya (GoK) has received credit from the World Bank through the International
Development Association (IDA) towards the cost of Water and Sanitation Improvement Project
Additional Financing (WaSSIP-AF). The Additional Financing includes a drought mitigation and
response component that will include preparation of detailed medium-term drought response and
mitigation strategies in Lake Victoria North, Lake Victoria South and Rift Valley Water Service Boards.
The LVNWSB, as the WaSSIP-AF Project Implementing Board, will assist Rift Valley Water Services
Board (RVWSB) and Lake Victoria South Water Services Board (LVSWSB) to implement the drought
response measures. In that respect, LVNWSB will procure services, goods and works on behalf of
RVWSB and LVSWSB.

Interventions under WaSSIP-AF channeling resources through LVNWSB, is focused into assisting
the communities living in the target project areas in LVNWSB, LVSWSB and RVWSB to access water
for domestic and livestock needs during the dry conditions. The proposed boreholes are being
developed through the established procedures under the Water Resources Management Authority
as well as the provisions under EMCA (Amendment 2015). LVNWSB is, therefore, responsible for all
facilitation and logistical support of this ESIA and RAP studies.

The proposed drought boreholes under WaSSIP-AF programme are designed to intervene on the
challenges facing the target communities during the dry weather conditions. In addition to the time
spent fetching water from long distances, it is expected that improvements on community sanitation
and hygiene will be realized effectively reducing cases of water borne illnesses and livestock deaths
during the drought conditions.

In accordance with the Population Census Report of 2009, the population densities of the beneficiary
counties vary from one to another. Target Counties in LVSWSB are fairly high potential with high
population densities engaged mainly in economic land use activities ranging from livestock keeping
in parts of Narok, Homa Bay, Migori and Bomet counties in the south to agricultural activities in
Kericho, Transmara, Muhoroni and Siaya counties in the central and northern zones of the Boards
jurisdiction. The considered benefits of the project are anticipated to be high arising from the notable
person-hours saved from fetching water and expenditure on medical services.

1.2     Lake Victoria South Water Services Board

Water Services Boards are mandated with ensuring efficient and economical provision of water and
sewerage services within their areas of jurisdiction. The Boards are provided through a license from
the Water Services Regulatory Board (WASREB). The boards, however, contract service provision
to other agents as provided for in the Water Act 2002. Direct provision of water and sewerage services
is undertaken by Water Service Providers (WSPs) who are the Board’s agents. However, in the event
that for either economic or social reasons it is not possible to establish a WSP, the Boards are
mandated to undertake service provision. The functions of WSBs as provided in Section 53 of the
Water Act 2002 are hereunder:
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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      (i)        Efficient and economical provision of water services as authorized by license;
      (ii)       Custodian of water services provision assets;
      (iii)      Contracting, monitoring and enforcing agreements with WSPs, in accordance with the
                 regulations set by WASREB in the licenses; and
      (iv)       Maintaining and acquiring assets, planning, development and management.

Lake Victoria South Water Services Board (LVSWSB) is a state corporation under the Ministry of
Environment Water and Natural Resources. It was established under the Water Act 2002 through
Gazette Notice No. 1714 of 12th March 2004 with the mandate of ensuring efficient and economic
provision of Water and Sanitation Services in its area of jurisdiction. Lake Victoria South Water
Services Board started its operations in 2004 in administrative counties within Nyanza Province and
the Southern part of Rift Valley Province.

Lake Victoria South Water Services Board is among the 8 Water Service Boards established all over
the country. The board’s area of operation covers Ten (10) Counties namely: Kisumu, Siaya,
Homabay, Migori, Kisii, Nyamira, Kericho, Bomet, parts of Nandi and Narok County. The core
functions of the Board are as summarized below:

      (i)        To plan and develop water services infrastructure
      (ii)       To own and manage water and sanitation related assets
      (iii)      Develop and license Water Service Providers (WSPs) as agents responsible for actual
                 provision of water and sanitation services to consumers
      (iv)       Build capacity of Community Based Organizations (CBOs) engaged in water provision to
                 access funding from Water Services Trust Fund (WSTF) and other Agencies
      (v)        Collaborate with all stakeholders both within and outside water sector to mobilize finances
                 and provide related social infrastructure, which include health and hygiene.
      (vi)       Regulate activities of other actors in the water and sanitation sector in LVSWSB region.

1.3           The Project

The proposed projects targets areas within the respective water services boards that are faced with
serious drought challenges during the dry weather conditions. The beneficiary areas do not have
surface water sources and residents have to walk long distances to access water for their domestic
requirements and livestock watering needs. Appropriate boreholes sitting has been carried and the
drilling undertaken. However, the water abstracted will have to be transmitted to the consumer points.

Once each borehole is equipped, the water will be pumped to an elevated storage tanks from where
it will reach the user points by gravity. The extent of distribution and the number of user points is
being determined by the borehole yields among other factors. Among the boreholes, have very low
yields (some have turned out to be dry) and so no adequate water to satisfy the community needs.
The initial principle was to provide communal points (water kiosks or standpipes) for every target
village but may be expanded later to households or institutions.

For administration purposes, the target beneficiary communities have been advised to constitute
community water users association to ensure fair and equitable access to the water resources. This

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

would be necessary considering that inadequate production for a majority of the boreholes would not
provide water to all at the same time and at least not for agricultural uses. In view of the above, the
projects will comprise the following basic components;

      (i)        Equipped boreholes
      (ii)       Transmission pipelines as per designs
      (iii)      Elevated storage tanks (structural platform structures OR on raised grounds) on pre-
                 identified land parcels
      (iv)       Operations offices (preferably at the storage tank)
      (v)        Distribution pipelines OR water transmission lines to the user points
      (vi)       Water user points (water kiosks, standpipes, cattle troughs, etc. as the community may
                 request) to the extent that the source can support.

The proponent intends to develop a borehole water supply project with the objective of enhancing
sustainable access to clean and safe drinking water for use by the Nyamila Community in Homa Bay
County. The objective of this ESIA study is to evaluate the potential impacts of equipping of the
borehole and develop mitigation measures that aim at minimizing the negative impacts of the project
while optimizing the positive impacts. It involved largely an understanding of the project background,
the project design and the implementation plan as well as commissioning. In addition, baseline
information was obtained through physical investigation of the site areas, public consultations with
members of the community in the project areas, desktop research, and discussions with the
Proponent.

The water supply will be from Nyamila Borehole that was drilled between 21st and 22nd July 2016.
The borehole was drilled to a total depth of 78m. The tested borehole yield is 3.0m³/hr. In addition to
the time spent fetching water from long distances, it is expected that improvements on community
sanitation and hygiene will be realized effectively reducing cases of water borne illnesses and
livestock deaths during the drought conditions. The project is expected to create short term
employment to a number of residents in the area.

1.4           EIA Justification

Due to the unprecedented rate of environmental degradation in Kenya, the government realized the
need to curb the same and this led to the enactment of the Environmental Management and
Coordination Act, (Amendment 2015). The Act requires among other things that an Environmental
Impact Assessment (EIA) study must be conducted on various categories of projects as outlined in
the Second Schedule and section 58 of the Act. The Water Act 2002 gives the Water Resources
Management Authority (WRMA) specific mandates to develop instruments for groundwater
management. This is also related to Environmental Management and Coordination Act (Amendment
2015), the legislation that coordinates all environmental issues in Kenya. The most significant
environmental issues concerning water supply project include contamination of water sources related
to poor land use planning, damage to water infrastructure, over pumping of ground water aquifers
and improper commissioning and rehabilitation of boreholes. EIA should be applied to all water
abstraction projects particularly boreholes since their scale of impacts require mitigation measures to
be planned and implemented.

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)



1.5           Terms of Reference

The TOR of this study is to assess the impacts that may arise from the Equipping of the borehole,
construction of the associated facilities, operational and decommissioning phases of the proposed
development. These include noise, dust and smoke onto the natural environment, occupational
hazards, health and safety aspects, loss of vegetation cover, waste management during the
construction and operational stages and the project’s impact on socio -cultural and economy of the
environment during its operational stages, etc. The terms of reference include:-

      (i)        Provision of baseline and background information;
      (ii)       Project and site description;
      (iii)      Identification of environmental impacts of the proposed development in the various phases
                 and their level of significance;
      (iv)       Impact of the project on existing infrastructure;
      (v)        Evaluation of alternatives;
      (vi)       Stakeholder participation viz social survey of views from neighbours;
      (vii)      Identification of possible conflicts;
      (viii)     Suggest mitigation measures for identified negative impacts; and
      (ix)       Prepare a comprehensive environmental management plan.

1.5.1         EIA Objectives

The main objective of environmental and social impact assessment associated with development of
the proposed drought mitigation boreholes would be to comply with the current requirements of
international financing agencies (including the World Bank) in addition to the EIA regulations of 2003
as established under the EMCA, 1999. The EIA/EA Regulations provides a clear guideline on basic
considerations for harmonized impacts studies for projects undertaken in Kenya. On the global level,
the World Bank environmental and social safeguards that target potential interactions of the project
with environment and social settings such as to include physical environment forest, biodiversity
cultural and indigenous peoples among others.

Environmental impact assessment studies are designed to identify the positive and negative impacts
and establish appropriate mitigation measures. The process is also meant to develop environmental
and social management plans (ESMP) as a handbook for integration of environment and social
aspects into the project as well as relevant monitoring plan as a technical tool to implement the ESMP.
The Environmental and social impact assessment study is being undertaken to ensure that the project
benefits are enhanced while negative impacts are mitigated or eliminated altogether.




1.5.2         Scope of EIA



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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

The scope of ESIA study is aimed at providing guidelines for integration into the project design and
implementation for mitigation of the anticipated adverse environmental and social impacts. The scope
of ESIA study, therefore, will cover the following key areas;

      (i)        Provide a description of the environmental, social and economic issues associated with
                 the proposed boreholes projects,
      (ii)       Undertaking public and stakeholder consultations in the process through interviews and
                 meetings with stakeholders and the affected members of public,
      (iii)      Identification of anticipated environmental and social impacts with particular focus on
                 social, economic and natural resources aspects.
      (iv)       Development of mitigation measures and an environmental management plan for
                 identified environmental and social impacts.
      (v)        Preparation of ESIA project report for submission to NEMA.
      (vi)       Obtain appropriate EIA Licenses from NEMA

1.6           EIA Methodology

1.6.1         Environment Assessment

Due to environmental and social challenges associated with ground water resources development
and management activities, including water supply projects, comprehensive Environmental and
Social Impact Assessment Study (ESIA) study is necessary. This involves evaluation the current
environmental and social status (baseline conditions), establish potential impacts, establish the
potential for social and economic benefits and estimate the project cost, obtain opinion of the
stakeholders and the local communities and develop appropriate mitigation and remedial actions for
integration in the project design and implementation.

According to the Environmental Management and Coordination Act (EMCA), (Amendment 2015),
section 58 requires that all projects falling under the second schedule of the Act must undergo
comprehensive environmental and social impact assessment studies. ESIA study should also comply
with the EIA Regulations of 2003 on the minimum and other convectional environmental guidelines.
ESIA studies are adopted as integrated approach where desk documentary reviews, field
investigations, consultations as well as interviews and discussions with stakeholders and affected
communities are considered.

1.6.2         Stakeholders Consultations

Ownership of the projects by the local communities is critical for a successful implementation. While
appreciating the preliminary contacts during the design stage, the beneficiaries also need to be
sensitized on the impacts and linkages of the projects. This will be equipping the people with the
capacity to strengthen the benefits while coping with any negative impacts. This justifies the
stakeholders’ forums.
The project coverage extents are fairly small and low numbers of affected persons. For this reason it
may not be time and cost effective to make more than one trip to any site. To achieve this desire, the
Consultant will liaise with Lake Victoria North Water Services Board for public consultation logistical

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

purposes, the respective Boards for coordination purposes and the respective County Directors to
schedule focus group meetings such as to coincide with the site assessment. The Area Chiefs will be
called upon to convene the focus group meetings.

Alongside the focus group meetings, the Consultant will also hold discussions with the County
Executives in-charge of water in each County as well as the respective area MCAs. Among the key
areas of discussions will include among others;

      (i)        Current sources of water in the areas
      (ii)       The need for the proposed project
      (iii)      Water demand and uses
      (iv)       Project locations and ownership
      (v)        Conflicts resolution mechanisms
      (vi)       Resources management structures
      (vii)      Land ownership and acquisition for the projects

1.6.3         Field Assessment

Other than desktop studies, this study has been carried out through field investigations. During the
field investigations, reconnaissance survey was conducted to collect information on biophysical and
socio-economic aspects of the area and its environs. The consultants conducted a public meeting at
Nyamila SDA Church compound, about 500m from the borehole site, to discuss the proposed project.
In conducting this environmental impact assessment study, the team has complied with the
requirements of the Environmental Management and Co-ordination Act, (Amendment 2015) and
NEMA guidelines from their legal notice no. 101, The Environmental (Impact Assessment and Audit)
regulations 2003.

1.6.4         Reporting

This Environmental and Social Impact Assessment Report was compiled in accordance with the
guidelines issued by NEMA. It was submitted to the project proponent for perusal, and approval. The
consultant will submit ten hard copies of the report and a soft copy to NEMA for review. The report
includes copies of acceptance letter for those whose pieces of land are to be used in construction of
the associated facilities and hydro-geological survey report of the domestic water. This report also
contains copies of the borehole designs. This report lays out an identification of impacts of the project
on the environment, both positive and negative and mitigation measures to minimize or eliminate the
negative impacts. An Environmental Management Plan forms part of the recommendations for future
monitoring and management of the impacts identified. The output of the study was;

      (i)        Draft ESIA Project Report for review by the Client
      (ii)       Final ESIA Project Report for endorsement by the Client and submission to NEMA
1.7           ESIA Team

The Environmental Impact Assessment was undertaken by the following team of experts


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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

    (i)      Lead EIA Expert/Team Leader
    (ii)     Sociologist
    (iii)    Design Engineer
    (iv)     Field Support.




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Chapter 2:          Project Description

2.1       Project Location

The proposed Nyamila Borehole water Project site is located within Pundo Village Kalanya –
Kanyango Sub-Location in East Kanyada Location of Homabay County. The borehole site
Coordinates are on Latitude 00º 37’ 09.83’’S and Longitude 34º 28’ 58.66’’E. The borehole site is
about 3km from Rodi Kopany Market Centre and 2km off Rodi Kopany – Sori tarmac road. The site
is easily accessible through a tarmac road from Rodi Kopany before turning right onto an access road
leading to the borehole site.

Figure 1:           Site Location Map




Figure 2:           The Site Location




       Rodi Kopanyi – Sori Road                    Access Road to the Site                 The Borehole Site




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

The borehole site is on a private land belonging to Dominic Owaga. Water pipelines will pass through
private and public lands. The pipelines will however be laid along the road to ensure minimal land
take. Water Kiosks, Caretakers office will be constructed on private lands. Individuals whose lands
will be used for construction of the projects components have given their written consents for use of
their land. The consent forms are attached in the annexes of this ESIA project report.

2.2       Existing Situation

Kalanya – Kanyango Sub location where the project falls has a population of 14,527 persons with a
total of 3188 households and a density of 480 persons per square kilometer (2009 Population and
Housing Census). The population growth rate in the proposed project is expected to continue rising.
Currently, the main sources of water in the project area are unprotected Shallow wells, Water levels
of the Shallow well fluctuates a lot and nearly dries up during the dry season. Water from the wells
are treated using traditional home methods such as clothe filtration, and of late using decanting
chemicals.

Distance to the main water source; the average distance to the main source is 0.5km -1 km during
wet season and 1km – 2.0kms during dry season and it takes between 10mins to 30mins collect
water during wet season and 30min to 1hr during dry season. Most household do not buy water thus
their expenditure on water is minimal. They mainly pay for drinking water at KShs. 3 per 20l container
i.e. for those who can afford to pay. The Shallow well is re liable and unprotected it’s not safe but they
use it both for domestic and livestock.

The project’s ultimate water demand for the project area is 67.03m³/day against the allowable
abstraction and maximum borehole yield of 50.40m3/day and 72m3/day respectively it is proposed to
design the supply system for a demand of 50.4m3/day. The tested average yield of the borehole is
3.0m³/hr. The proposed project areas have abundant sub-surface water resources. This is evidenced
by the occurrence of underground water at shallow levels of less than 10m deep. A large proportion
of the community accesses water from unprotected spring and shallow wells some of which dry up
during the dry season. Some households and institutions practice rainwater harvesting, but due to
small storage capacities, the water it is unreliable and prone to contamination.




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

2.3       Project Background

The proposed Nyamila Borehole project under WaSSIP-AF programme is designed to intervene on
the challenges facing the target community during the dry weather conditions. In addition to the time
spent fetching water from the shallow wells, it is expected that improvements on community sanitation
and hygiene will be realized effectively reducing cases of water borne illnesses and livestock deaths
during the drought conditions.

The drought mitigation interventions measures desires to provide a dependable source of water (the
borehole) and a designed transmission system of the water to a strategically located storage tank
from where water would flow by gravity to preselected public consumption locations comprising of
water kiosks, cattle troughs. The project, financed by the World Bank through the WaSSIP-AF under
the facilitation of Lake Victoria North Water Services Board (LVNWSB), is partly being undertaken for
identified Counties in Lake Victoria South Water Services Board (LVSWSB) including Kisumu, Migori,
Bomet, Kericho, Narok and Siaya Counties.

The proposed borehole project will benefit the surrounding community with water kiosks located at
strategic places namely: Obambo, Nyandhindho, Nyamila, Kibuon, and Radienya. The Community
Water project will seek registration from the attorney general’s office, to operate and maintain project.
The water Act sets framework for licensing of Water Services Provides. The service providers are
licensed by the relevant Water Services Boards to undertake the provision and management on
behalf of the boards, water and sanitation services. The WSPs are required to ensure that water
services and associated works and facilities are provided, maintained and progressively improved.

The community project will be expected to set up a water us er’s association with a proper
management and technical units for proper management and operation of the system. The WUA will
require technical assistant from Lake Victoria South Water Services Board (LVSWSB) during the
initial period in order to establish organization structures that are based on best practices. It would
also help to recruit and train suitable management and technical staff. It would further enable sound
management practices in the critical aspects of customer service, billing and revenue collection,
effective maintenance, water loss reduction etc. The water supply will be met form Nyamila borehole
that was drilled between 21st and 22nd July 2016. The borehole was drilled to a total depth of 78m.
The tested borehole yield is 3.0m³/hr.

Nyamila Water Project is located in Pundo Village Kalanya – Kanyango Sub Location in East Kanyada
Location of Homa Bay County. The project area has a total population of 1,240 people. The proposed
water supply project targets 4 Villages in two sub location which are Pundo and Wiobiero in Kalanya
– Konyango Sub-location and Gogo Katuma and Kijawa in West Kanyada Location.

2.4       Proposed Interventions

The proposed Nyamila Borehole Project under WaSSIP-AF programme is designed to intervene on
the challenges facing the target community during the dry weather conditions. In addition to the time
spent fetching water from long distances, it is expected that improvements on community sanitation
and hygiene will be realized effectively reducing cases of water borne illnesses and livestock deaths

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

during the drought conditions. IDA has approved funding to meet the Board’s proposal for equipping
the borehole and constructing associated civil works such as elevated tank, water kiosk, pipelines,
caretaker’s house/store and other site works as part of the drought response activities.

The tested borehole yield is 3.0m³/hr. An elevated Water Storage Tank up to 3m will be constructed
on a higher ground some 1.17km from the borehole site. The tank will be fed from a solar powered
borehole pump. Water from the elevated tank will flow via gravity to water kiosks to be located at five
different locations within the Village. Water taps will be installed at the water point where the
community will draw water.

2.5           The Project Components

Nyamila Borehole had already been drilled at the time of the public consultation. The project
component is designed for the ultimate water demand in one implementation phased. The project
components include:

      (i)        Borehole development and Equipping
      (ii)       Construction of 25m³ Masonry Storage Tanks.
      (iii)      Construction of a distribution System to five Water kiosks in the lower Supply areas
                 comprising Obambo, Nyandhindho, Nyamila, Kibuon, and Radienya
      (iv)       5No water Kiosks
      (v)        Management office

Figure 2:




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                                                  ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

2.6           Design Concepts

The proponent contracted a consultant to prepare a detailed design of the water supply. The
Consultant incorporated comments from LVSWSB and prepared a detailed design of the water supply
in accordance with the Water Design Manual. The World Bank has approved the detailed design
report. The design for Nyamila Borehole project has been attached at the annexes of this project
report. This phase is the concept of the planned development and the designing of a structure that will
fulfill all requirements of a high quality well designed water system.

2.1.1         General

The design of the water supply system shall be carried out on the basis of the following design Codes
and Standards, among others:

      (i)        WHO Report No. 4 - Selection and Design Criteria for Community Water Supply Projects
      (ii)       Ministry of Water and Irrigation – Practice Manual for Water Supply Services in Kenya,
                 2006
      (iii)      BS 5911: Part 100:1988 – Specification for Unreinforced and Reinforced Pipes and Fittings
                 with Flexible Joints;
      (iv)       S 06-217 – Specification for uPVC Pipes;

2.1.2         Water Transmission and Distribution

The following criteria are used in proposing the water transmission and distribution system;

      (i)        Short length rising mainlines
      (ii)       Ensure distribution to the project areas is entirely by gravity
      (iii)      Reduce the maximum walking distance to water points to a maximum of 500m
      (iv)       Ensure reliable water supply throughout the day

The transmission and distribution system will comprise the following;

      (i)        Rising mainline
      (ii)       Water storage stank
      (iii)      Distribution system of approximately 3.0km long
      (iv)       5No. Communal water points/kiosks

2.1.3         The Pumping System

The proposed system uses pumping to lift borehole water to a high elevated storage tank located
1.17km away. Distribution to water points will be by gravity. The total pumping head from the borehole
to the proposed tank site is approximately 120m. Sustainable sources of energy can be explored to
power the pumping system. Alternatives include wind power and solar energy. As an alternative to a
purely electric pumping, a solar driven borehole pump is proposed. The borehole solar pump will
operate for 10-12hours. The solar pump will be powered using 16No. 250W Solar PV Module.

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                                                  ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)



Figure 3:        Conceptual Water Distribution Layout Plan




2.1.4   Existing Water Sources

The proposed project areas have abundant sub-surface water resources. This is evidenced by the
occurrence of underground water at shallow levels of less than 10m deep. A large proportion of the
community accesses water from unprotected spring and shallow wells some of which dry up during
the dry season. Some households and institutions practice rainwater harvesting though but due to
small storage capacities, the water it’s unreliable and prone to contamination. One major source of
water is Obambo shallow well which is unprotected. A private borehole has also been drilled along
the main Rodi Kopany road where the residents buy water for domestic use.




Figure 4:        Sample Community Sources of Water

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                                                  ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                   Obambo Shallow well.                                              A private borehole

2.7           Alternative Analysis

2.7.1         “NO Action” Alternative

The “no project” alternative would mean further problems in spending more time and money in
accessing water for domestic use. This project provides hope for the school children and the
community who spend many hours fetching water from natural springs and streams. Dangers of
waterborne` diseases such as cholera from will prevail with this alternative. Furthermore, the sanitation
situations will deteriorate with negative ramifications on the environment. A ‘no project’ alternative is
therefore, a perpetuation of the current status quo and quite undesirable. The No Project Option is the
least preferred from the socio-economic and environmental perspective due to the following factors:

      (i)        The economic status of the local people would remain unchanged.
      (ii)       No employment opportunities will be created for locals who will work at the proposed
                 project
      (iii)      Increased problems associated with limited access to clean and affordable water supply.
      (iv)       Discouragement for investors planning to invest in water infrastructure
      (v)        Development of infrastructural facilities such as health facilities, electrical etc. will not be
                 undertaken

From the analysis above, it becomes apparent that the No Project alternative should not be
considered.


2.7.2         Water Sources Alternatives



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                                                  ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

The community should consider roof catchments of rainwater to augment water supply from the
borehole. Harvesting of rainwater will reduce pressure on the grounds and will provide plenty of water
for use particularly for the community. The proponent should also install water storage tanks for storing
harvested rainwater.

2.7.3    Distribution Alternatives

The proposed project should be implemented using technologies that shall have minimum negative
impacts to the environment. The project has considered this by developing a solar pump and gravity-
based system as opposed to a pumping system that will be fossil fuel based or will involve
incorporation of several other components that might lead to environmental degradation such as
generation of Green House Gases (GHG) among other air pollutants. In addition to the gravity, based
system the project shall involve developing standby electric pump to be used only during solar pump
failures.

2.7.4    Management Alternatives

The water project upon commissioning will be devolved to the overall management of the Homa Bay
Sub county Water Officer. The water committee will be in charge of the day-to-day running of the
water facility.

Alternatively, the water committee management may contract a company to take charge of the water
supply and pay dues as per agreement to the committee.

2.8      Anticipated Challenges

Anticipated challenges include theft and vandalism of the water facilities, Bursting and breakage of
water pipes, failure of solar pumps to cover a wider area, and misuse of the water facility by the
community. Other challenges include getting consent for landowners where the project components
will be constructed.

2.9      Implementation Plan

Upon completion of the construction works, the water project will be handed over to the community
through Water Users Association Committee. The management of the facility will be devolved and be
under the sub-county water office. The proposed water supply project is conceived as a community
water project. The community project will be expected to set up a water user’s association with a
proper a management and technical units for proper management and operation of the system.

2.10     Cost Estimates

The estimated construction costs for the proposed water supply system are based on the
infrastructure provided above. The estimated cost is calculated using the prevailing construction and
material unit costs in the country. The estimated construction cost of the proposed options are
summarized in the Table below. These are estimates only, and the actual costs will be based on

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several factors such as variation in prices between now and the time of tender, and the qualification
and efficiency of contractor.

Table 2:         Cost Estimates for Nyamila Borehole

     Bill       Description                                                          Amount
     No.                                                                             (KSh)
      1         Borehole Equipping                                                     2,642,180
      2         25m3 Masonry Storage Tank                                                450,860
      3         Distribution Pipeline                                                  2,659,569
      4         5No. Water Kiosk                                                       1,978,989
      5         Management Office                                                        777,532
                                                                Subtotal               8,509,130
                                                           Add 16% VAT                 1,361,461
                                                  Add 10% Contingencies                  987,059
                                                               Project Cost         10,857,650




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Chapter 3:          Policy, Legal Issues and Institutional Framework

3.1           An Overview

Environmental Impact Assessment is a tool for ensuring new projects and programs incorporate
appropriate measures to mitigate adverse impacts to the environment and peoples’ health and safety
as well as enhancing sustainable operations with respect to environmental resources and co-
existence with other socio-economic activities in their neighbourhood. Recent Government of Kenya
efforts aimed at formulating a clear policy strategy has culminated in the enactment of a new
legislation on water management. The Water Act 2002 is aimed at harmonizing and streamlining the
management of water resources, water supply and sanitation services (see outline and sample
extracts in annex IV). Necessary policies and legislation that ensures annual environmental audits
(EA) are carried out on every running project, activity or programme and a report submitted to National
Environmental Management Authority (NEMA) for approval and issuance of relevant certificates.

The government has long been concerned with environmental conservation and protection of human
health. The Environmental Management provides the framework for sustainable management and
protection of the environment and Coordination Act (1999) while the water Act 2002 which provides
the framework for the protection of water resources replaced the Water Act Cap 372. EMCA, 1999
was enacted to comprehensively address environmental issues, which were being governed
differently by the various sectoral acts in place.

The ESIA process is currently guided by the regulations promulgated in terms of the Environment
(Impact Assessment and Audit) Regulation Act, 2003. Others are relevant acts are those that regulate
development e.g. Urban planning Act of 1996 and public health and safety (Public Act, 242). The
relevance of each of these acts to the proposed project is highlighted in this chapter.

3.2           Policy Provisions

3.2.1         Constitution of Kenya

Article 42 of the Bill of Rights of the Kenyan Constitution provides that ‘every Kenyan 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 oth er measures’. Under Chapter 5
(land and Environment), Part 1 is devoted to land. It requires that land be used and managed in ‘a
manner that is equitable, efficient, productive and sustainable, and in accordance with the following
principles;

      (i)        Equitable access to land
      (ii)       Security of land rights
      (iii)      Sustainable and productive management of land resources
      (iv)       Transparent and cost effective administration of land
      (v)        Sound conservation and protection of ecologically sensitive areas



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Part 2 of Chapter 5 of the constitution is dedicated to Environment and Natural Resources. Article
69 in Part 2 provides that the state shall;

    (i)        Ensure sustainable exploitation, utilization, management and conservation of the
               environment and natural resources, and ensure the equitable sharing of the accruing
               benefits
    (ii)       Work to achieve and maintain tree cover of at least ten per cent of the land area of
               Kenya
    (iii)      Encourage public participation in the management of, protection and conservation of
               the environment
    (iv)       Protect genetic resources and biological diversity
    (v)        Establish systems of environmental impact assessment, environmental audit and
               monitoring of the environment
    (vi)       Eliminate processes and activities that are likely to endanger the environment
    (vii)      Utilize the environment and natural resources for the benefit of the people of Kenya

Further, Article 70 states that if a person alleges that a right to a clean and healthy environment
recognized 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. The sub-project should ensure
compliance with the constitution in so far as equitable sharing of the resources, between the
stakeholders. Further, the project should ensure the sustainability of livelihoods and biological
resources within the project areas are protected. Any development proposals should also be
cognizant of the increased powers under the Constitution given to communities and individuals to
enforce their rights through legal redress

3.2.2       Environmental Policy Framework

The National Environment Policy aims to provide a holistic framework to guide the Management of
the environment and natural resources in Kenya. It further ensures that the linkage between the
environment and poverty reduction is integrated in all government processes and institutions in order
to facilitate and realize sustainable development at all levels. This is done in the context of green
economy enhancing social inclusion, improving human welfare, creating opportunities for
employment, and maintaining the healthy functioning of ecosystem. The main goal of this Policy is “A
better quality of life for present and future generations through sustainable management of the
environment and natural resources”. This would be achieved through among othe rs promoting and
supporting the use of innovative environmental management tools such as incentives, disincentives,
total economic valuation, indicators of sustainable development, ESIA Studies and Environmental
Audit.

Kenya’s environmental policy is geared towards sound environmental management for sustainable
development. This is envisaged in the principle of prudent use, which requires that the present day
usage should not “compromise the needs of the future generations”. The policy aims at integrating
environmental aspects into national development plans with the following broad objectives:



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    (i)        Optimal use of natural land and water resources in improving the quality of human
               environment;
    (ii)       Sustainable use of natural resources to meet the needs of the present generations while
               preserving their ability to meet the needs of future generations;
    (iii)      Integration of environmental conservation and economic activities into the process of
               sustainable development; and
    (iv)       Meet 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.

This EIA study report is geared toward ensuring the proposed project’s sustainability.

3.2.3       Kenya Vision 2030

Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was
developed following on the successful implementation of the Economic Recovery Strategy for Wealth
and Employment Creation which saw the country’s econ omy back on the path to rapid growth since
2002. Gross Domestic Product (GDP) growth rose from 0.6% to 7% in 2007, but dropped to between
1.7% and 1.8% in 2008 and 2009 respectively. The objective of the vision 2030 is to transform Kenya
into a middle-income country with a consistent annual growth of 10 % by the year 2030”. The 2030
goal for urban areas is to achieve “a well-housed population living in an environmentally-secure urban
environment.” This will be achieved by bringing basic infrastructure and s ervices namely roads, street
lights, water and sanitation facilities, storm water drains, footpaths, and others.

One of the aims of the vision is to make Kenya to be a nation that has a clean, secure and sustainable
environment by 2030. This will be achieved through promoting environmental conservation to better
support the economic pillar. Improving pollution and waste management through the application of
the right economic incentives in development initiatives is critical. The current land use practices in
the country are incongruent with the ecological zones. For instance, large portions of land in high
potential areas have been subdivided into uneconomic parcels, while some parts of land in the
medium and low potential areas are rapidly being converted into agriculture, despite the fragile
environment they are located in. Construction and operation of the proposed development will
increase the number of rural residents with access to clean water in the area.

3.2.4       National Water Policy

The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of
1999) was established with an objective to preserve, conserve and protect available water resources
and allocate it in a sustainable rational and economic way. It also desires to supply water of good
quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of
wastewater and environmental protection. The policy focuses on streamlining provision of water for
domestic use, agriculture, livestock development and industrial utilization with a view to realizing the
goals of the Millennium Development Goals (MDGs) as well as Vision 2030. To achieve these goals,
water supply (through increased household connections and developing other sources) and improved
sanitation is required in addition to interventions in capacity building and institutional reforms.

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While the National Policy on Water Resources Management and Development (1999) enhances a
systematic development of water facilities in all sectors for p romotion of the country’s socio-economic
progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for
development of appropriate sanitation systems to protect people’s health and water resources from
institutional pollution. Development projects, therefore, should be accompanied by corresponding
waste management systems to handle the wastewater and other waste emanating there from. The
same policy requires that such projects should also undergo comprehensive EIAs that will provide
suitable measures to be taken to ensure environmental resources and people’s health in the
immediate neighbourhood and further downstream are not negatively impacted by the emissions.

In addition, the policy provides for charging levies on waste water on quantity and quality (similar to
polluter-pays-principle) in which case those contaminating water are required to meet the appropriate
cost on remediation, though the necessary mechanisms for the implementation of this principle have
not been fully established under the relevant Acts. However, the policy provides for establishment of
standards to protect the water bodies receiving wastewater, a process that is ongoing.

3.2.5   The Agricultural Policy

In Kenya the agricultural policy revolves around key areas of policy concern including increasing
agricultural productivity, especially for small-holder farmers, emphasis on irrigation, encourage
diversification into non-traditional agriculture commodities, enhancing food security, encourage
private sector led development and ensure environmental sustainability.

The policy observes that droughts and floods have increased in frequency and intensity in the past
three decades resulting in high crop failure and livestock death. Increased land degradation has
decreased land resilience thereby exacerbating the effects of drought and floods leading to
devastating famine that has taken a toll on human and animal lives. Some of the famine experienced
could have been avoided or their impacts significantly mitigated. Inadequate early warning systems,
disaster unpreparedness, farming practices that are environmental unfriendly, destruction of rainfall
catchment areas mostly as a result of human activities (settlement, farming).

Involvement of women in small-scale agriculture (with over 75% of the labour force) is appreciated
as an important factor towards improvement improves agricultural performance. However, despite
their contributions women still face a number of hindrances especial limited access to productive
resources like land ownership, inputs, extension services and marketing services that need to be
addressed.

Environmental degradation and rising poverty is of major concern for agricultural development. The
continued scarcity of productive land and increasing poverty levels has led to an increase in
agricultural practices that conflict with the environment particularly in the rural areas. Pressure on
high potential areas is pushing people to migrate into ASAL lands where they practice inappropriate
farming practices leading to environmental degradation and thereby creating a vicious cycle of
environmental degradation and poverty.
3.2.6 The Land Policy


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Environmental management principles include to restore the environmental integrity the government
shall introduce incentives and encourage use of technology and scientific methods for soil
conservation and maintain beaches at high and low water mars and put in place measures to control
beach erosion. Fragile ecosystems shall be managed and protected by developing a comprehensive
land use policy bearing in mind the needs of the surrounding communities. Zoning of catchment areas
to protect them from further degradation and establishing participatory mechanisms for sustainable
management of fragile ecosystems will also be done. it will also develop procedures for co-
management and rehabilitation of forest resources while recognizing traditional management
systems and sharing of benefits with contiguous communities and individuals. Lastly all the national
parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are
declared as fragile ecosystems.

Conservation and sustainable management of land based natural resources. The sustainable
management of land based natural resources depends largely on the governance system that defines
the relationships between people and between people and resources. To achieve an integrated
approach to management of land based natural resources, all policies ,regulations and laws dealing
with these resources shall be harmonized with the framework established by the Environmental
Management and Coordination Act (EMCA),(Amendment 2015).

3.3       Legal Framework

3.3.1     Environmental Management and Co-ordination Act (EMCA)

Part II of the Environment Management & Coordination Act, 1999 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 partly ensure this is achieved. Part VI of the Act directs that any new
programme, activity or operation should undergo environmental impact assessment and a report
prepared for submission to the National Environmental Management Authority (NEMA), who in turn
may issue a license as appropriate.

Section 87 sub-section 1 states that no person shall discharge or dispose of any wastes, whether
generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill
health to any person, while section 88 provides for acquiring of a license for generation, transporting
or operating waste disposal facility. According to section 89, any person who, at the commencement
of this Act, owns or operates a waste disposal site or plant or generate hazardous waste, shall apply
to the NEMA for a license. Sections 90 through 100 outline more regulations on management of
hazardous and toxic substances including oils, chemicals and pesticides

The law is based upon the principle that everybody is entitled to a healthy and clean environment.
Part 6 section 39 deals with environmental impact assessment (EIA). The act requires that projects
likely to have significant impacts get approval before their commencement. The implementing organ
of EMCA is the National Environmental Management Authority (NEMA) which approves and issues
an environmental license after it is satisfied that there are no significant impacts of the project
identified, and if there are adequate mitigation measures have been put in place. This is also in


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compliance with the requirements of the Environmental Management and Coordination Act (EMCA)
part VI section 58 (1) and (2) which states:

 (i)             Notwithstanding any approval, permit or license granted 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, proceeded with, carried out, executed or conducted by another
                 person any undertaking specified in the second schedule to this act, submit a project to
                 the authority in the presubscribed form, giving the prescribed information and which shall
                 be accompanied by the prescribed fee,
 (ii)            The proponent of the project shall undertake or cause to be undertaken at his own
                 expense an environmental impact assessment study and prepare a report thereof where
                 the authority, being satisfied , after studying the report submitted under subsection (1),
                 that the intended project may or is likely will have a significant impact on the environment,
                 so directs.

.EMCA (Amendment 2015) provides for the proper management of the environment. The projects to
be subjected to EIA/EA are specified in the second schedule of the EMCA. EMCA prevails over all
sectoral laws relating to the environment in cases of conflict and contradictions. The Act grants a
locus standi to the public in matters of the environment. Communities may have access to the
National Environmental Trust Fund (NETF) through awards on exemplary environmental
management. The establishment of NETF under section 25 allows NEMA to undertake environmental
restorations and mitigate against degradation. NEFT is also responsible for restoring a degraded
environment where the perpetrators of such degradation cannot be identified and forced to undertake
such restoration.

3.3.2       Environmental Management Regulations

Water Quality Management Regulations, 2006 (Legal Notice No. 120)
These regulations were drawn under section 147 of the Environmental Management and
Coordination Act 1999. In accordance with the regulations, every person shall rephrain from acts that
could directly or indirectly cause immediate or subsequent water pollution and no one should throw
or cause to flow into water resources any materials such as to contaminate the water. The regulation
also provides for protection of springs, streams and other water sources. This Regulation applies
anytime there is a discharge of effluent into the environment without meeting the established
standards. This requires all time compliance through the project cycle.

Waste Management Regulations, 2006 (Legal Notice No. 121)
The regulations are formed under sections 92 and 147 of the Environmental Management and
Coordination Act, 1999. Under the regulations, a waste generator is defined as any person whose
activities produces waste while waste management is the administration or operation used in
handling, packaging, treatment, conditioning, storage and disposal of waste. The regulations requires
a waste generator to collect, segregate and dispose each category of waste in such manners and
facilities as provided by relevant authorities. Regarding transportation, licensed persons shall operate
transportation vehicles approved by NEMA and will collect waste from designated areas and deliver

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to designated disposal sites. The Regulation will apply on disposal of solid wastes into the
environmental without complying with the established standards and procedures. The regulation
requires all time compliance.

Noise and Excessive Vibration Pollution Control Regulations, 2009
Part II section 3(I) of these Regulations states that: no person shall make or cause 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 and section 3(2) states that in
determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also
states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to
be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or
safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5
centimeters per second beyond any source property boundary or 30 metres from any moving source.
Effects of activities with noise and vibrations in excess of the established standards

Air Quality Regulations
Under the general prohibitions (Part II), section 5 states that no person shall act in a way that directly
or indirectly causes immediate or subsequent air pollution. Among the prohibitions are priority air
pollutants (as listed under schedule 2 of the regulations) that include general pollutants, mobile
sources and greenhouse gases. Odours are also prohibited under section 9 of the regulations
(offensive emissions). Emitting activities expected to meet the established minimum levels in the air,
particularly in areas habited by human being as well as protected areas.

Biodiversity Regulations
Part II of Regulations, section 4 states that no person shall engage in any activity that may have
adverse impacts on ecosystems, lead to introduction of exotic species or lead to unsustainable use
of natural resources without an EIA license. The regulation puts in place measures to control and
regulate access and utilization of biological diversity that include among others banning and restricting
access to threatened species for regeneration purposes. It also provides for protection of land, sea.
Lake or river declared to be a protected natural environmental system in accordance to section 54 of
EMCA, (Amendment 2015).

3.3.3   County Governments Act

The Act empowers county governments to protect the environment and natural resources with a view
to establishing a durable and sustainable system of development. In addition, the county governments
are responsible for development planning and control including the county spatial plans. The
proponent will work in liaison with Homa Bay County Government to ensure compliance with land
use requirements within the county.




3.3.4   The Water Act (2002)



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Part II section 18 provides for national monitoring and information systems on water resources.
Following on this, sub-section 3 allows the Water Resources Management Authority to demand from
any person, specified information, documents, samples or materials on water resources. Under these
rules, specific records may be required to be kept and the information thereof furnished to the
authority on demand.

Section 25 of the Act requires a permit to be obtained for among others any use of water from a water
resources, discharge of a pollutant into any water resource. According to section 29 of the same Act,
application for such a permit shall be subject to public consultation as well as an environmental impact
assessment as per the Environmental Management and Coordination Act, 1999. The conditions of
the permit may also be varied if the authority feels that the water so used is causing deterioration of
water quality or causing shortage of water for other purposes that the authority may consider has
priority. This is provided for under section 35 of the Act. The statute established to coordinate
sustainable utilization of water resources including protection of the same from pollution and
degradation (abstraction, use and disposal of wastewater thereof).

Section 73 of the Act allows a person with a license to supply water (licensee) to make regulations
for purposes of protecting against degradation of sources of water, which he is authorized to take.
Under the Act, the licensee could be a local authority, a private Trust or an individual and the law will
apply accordingly under the supervision of the Regulatory Board. Section 75 and sub-section 1 allows
a licensee for water supply to construct and maintain drains, sewers and other works for intercepting,
treating or disposing of any foul water arising or flowing upon land for preventing water belonging to
the licensee or which he is authorized to take for supply from being polluted. However,
if the proposed works will affect or is likely to affect any body of water in the catchment, the licensee
shall obtain consent from the Water Resources Management Authority.

Section 76 states that no person shall discharge any trade effluent from any trade premises into
sewers of a licensee without the consent of the licensee upon application indicating the nature and
composition of the effluent, maximum quantity anticipated, flow rate of the effluent and any other
information deemed necessary. The consent shall be issued on conditions including the payment
rates for the discharge as may be provided under section 77 of the same Act.

3.3.5   Water Resources Management Rules 2007

One of the outcomes of the water sector reforms has been improved regulatory framework for water
resource management and use. In addition to the Water Act 2002, the main document outlining the
regulations is the Water Resource Management Rules 2007. The rules set out the procedures for
obtaining water use permits and the conditions placed on permit holders. Sections 54 to 69 of the
Water Resources Management Rules 2007 impose certain statutory requirements on dam owners
and users in regard.

Other sections within the rules imply that WRMA can impose water quality sampling requirements
from the water sources and impacts to the hydrology, water chemistry and river morphology
downstream basin. Section 16 of the Water Rules requires approval from the Water Resources
Management Authority (WRMA) for a variety of activities that affect the water resources, including

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the storage of water in dams and pans. Approval by WRMA is conferred through a Water Permit. A
permit is valid for five years and must be renewed.

Section 104 of the Water Resource Management Rules requires certain water permit holders to pay
water use charges. The intention of the water use charges was to raise revenue for water resource
management, raise revenue for catchment conservation activities, improve efficiency of water
resource abstraction and provide a system of data collection on water resource usage. This Rules
sets the standard procedures and rules to be followed in the utilization of water resources including
abstraction controls, modes of use and responsibilities in protection of the resources including effluent
treatment standards.

Part II of the Rules requires that any activity that requires approval by Authority (1) Any person
intending to or currently undertaking any of the water use activities defined in the Act including the
activities listed in the Fifth Schedule shall obtain approval from the Authority to undertake the activity:
These approvals in the case of the proposed project are for the drilling of the ground water, permit
for the construction of abstraction works and permits for the use of ground water. The Rules indicate
the procedures to be followed at each step including carrying out a hydro-geological survey which the
proponent has done (see attached hydro-geological report). The proponent has also been awarded
an authorization to drill a borehole on the site, and to construct works for the use of water.

3.3.6       Agricultural Act

Part IV no. 48 states that if the Minister considers it necessary or expedient so to do for the purposes
of the conservation of the soil of, or the prevention of the adverse effects of soil erosion on, any land,
he may, with the concurrence of the Central Agricultural Board, make rules to ensure the preservation
of the environment. These rules may include,

    (i)        Breaking or clearing of land for the purpose of cultivation is prohibited
    (ii)       Control, regulation or prohibition of grazing or watering animals,
    (iii)      With this prohibiting rules, the clearing or destruction of vegetation is deemed necessary
               by the minister for the preservation of soil and its fertility

Under Part IV no. 48(b), the act require the regulating or controlling of;

    (i)        The afforestation or reforestation of the land
    (ii)       The protection of slopes, catchment areas or areas where rules made under (e) stating-
               for the maintenance of water in a body of water within the meaning of the Local
               Government Act
    (iii)      Rules made under section 48 may provide for the seizure and forfeiture of any stock de-
               pastured in contravention of a land preservation order

3.3.7       Public Health Act Cap 242

This Act provides for the impetus for a healthy environment and gives regulations to waste
management, pollution and human health. This Act controls the activities of the project with regard to

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human health and ensures that the health of the water users are not jeopardized by the activities of
the project. The Act demands the adoption of practicable measures to prevent injurious and unhealthy
conditions in the site. The Act requires the proponent to enhance effective management of nuisance
i.e. noxious matter or wastewater as will be discharged from the proposed project throughout the
project cycle.

Part IX section 115 of the Act states that no person/institution 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 and include nuisances caused by accumulation
of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or
other vermin.

Section 116 requires that Local Authorities take all lawful, necessary and reasonably practicable
measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or
condition liable to be injurious or dangerous to human health.

3.3.8   Forest Act

The Forest Act No7 of 2005 consolidates all forests under the act, and prescribes heavy penalties for
damage to forests and trees. Charcoal burning in a forests or farmlands without a license or permit is
an offence. Section 52(1) deals with felling, cutting, burning, injuring or removing of any forest produce
only cover state, local authority or provisional forest. It sets heavy penalties for damaging trees. This
will assist farmers in maximizing benefits from growing trees. Section 40(1) of the act sets to ensure
that the forest areas under her management are maintained for biodiversity, cultural or recreational
use. In addition it protects the concession area from destruction and encroachment by other persons.

Section 41(1) says that all indigenous forests and woodlands shall be managed on a sustainable
Basis for purposes of, Conservation of water, soil and biodiversity, River line and shoreline protection.
Cultural use and heritage. Recreation and tourism, Sustainable production of wood and non-wood
products, Carbon sequestration and other environmental services Education and research purpose
and .Habitat for wildlife in terrestrial forests and fisheries in mangrove forests. The Act puts emphasis
on the need to strengthen community-based institutions by creation of Community Forest
Associations, which gives the public a greater participatory role to the community in the forest
conservation.

3.3.9   Way Leave Act 292

The Act provides guidelines on Government acquisition of land for the development of public
infrastructure, even on private land. The proponent of the proposed project has used a private land
for the drilling of the borehole and acquired a private land donated by a community member for the
construction of other borehole components.



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3.3.10 The National Land Commission Act (2012)

Section 5 of the Act, the Commission’s functions are to manage public land, recommend national
land policy, advise the GoK on a land registration program, conduct research on land use and natural
resources, and monitor and oversee land use planning throughout the country. The same section
goes on to stipulate that the NLC ensure that state owned land is managed sustainably for future
generations.

3.3.11 Physical Planning Act, 1996

Section 24 of the Physical Planning Act gives provision for the development of local physical
development plan for guiding and coordinating development of infrastructure facilities and services
within the area of authority of County, municipal and town council and for specific control of the use
and development of land. The plan shows the manner in which the land in the area may be used.
Section 29 of the physical Planning Act gives the county councils power to prohibit and control the
use of land, building, and subdivision of land, in the interest of proper and orderly development of its
area. The same section also allows them to approve all development applications and grant
development permissions as well as to ensure the proper execution and implications of approved
physical development plans. On zoning, the act empowers them to formulate by-laws in respect of
use and density of development.

Section 30 states that any person who carries out development within an area of a local authority
without development permission shall be guilty of an offence and the development shall be invalid.
The act also gives the local authority power to compel the developer to restore the land on which
such development has taken place to its original conditions within a period of ninety days. If no action
is taken, then the council will restore the land and recover the cost incurred thereto from the
developer. In addition, the same section also states that no person shall carry out development within
the area of a local authority without development permission granted by the local authority. At the
same time, sub-section 5, re-enforce it further that, no licensing authority shall grant under any written
law, a license for commercial use for which no development permission had been granted by the
respective local authority.

Section 36 states that if in connection with development application a local authority is of the opinion
that, the proposed activity will have injurious impact on the environment, the applicant shall be
required to submit together with the application an Environmental Impact Assessment report. The
environmental impact assessment report must be approved by the National Environmental
Management Authority (NEMA) and followed by annual environmental audits as spelled out by EMCA
(Amendment 2015). Section 38 states that if the local authority finds out that the development activity
is not complying to all laid down regulations, the local authority may serve an enforcement notice
specifying the conditions of the development permissions alleged to have been contravened and
compel the developer to restore the land to its original conditions.




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3.3.12 Work Injury Benefits Act, 2007

This is an Act of Parliament to provide for compensation to employees for work related injuries and
diseases contracted in the course of their employment and for connected purposes. An employee is
a person who has been employed for wages or a salary under a contract and includes apprentice or
indentured learner.

3.3.13 Occupational Safety and Health Act 2007

This Act applies to all workplaces where any person is at work, whether temporarily or permanently.
It provides for safety, health and welfare of persons employed and all persons lawfully present at
workplaces. The duties and requirements of both the employer and the employee are clearly stated
in the act.

3.3.14 Public Responsibility and Participation

Part XIII (Sections 140, 142, 143, and 145) of EMCA touches on Environmental Offences relating to
standards, pollution, restoration orders, easements and conservation orders. These sections spell
out penalties for the various categories of environmental offences and give the public powers (ref.
Locus standi) to sue environmental offenders and /or seek redress through courts of law. Legal suits
could be filled against individual offenders, bodies corporate, partnerships, principals or employers.

3.4         Institutional Structure of the Water Sector

The National Policy on Water Resources Management and Development and the Water Act 2002,
presently guides water resources management. The overall goal of the national water development
policy is to facilitate the provision of water in sufficient quantity and quality and within a reasonable
distance to meet all competing uses in a sustainable, rational and economical way. This policy
separates policy formulation, regulation and services provision and defines clear roles for sector
actors within a decentralized institutional framework and includes private sector participation and
increased community development.

Under the policy, the Ministry in-charge of water resources is responsible for policy development,
sector co-ordination, monitoring and supervision to ensure effective Water and Sewerage Services
in the Country, sustainability of Water Resources and development of Water resources for irrigation,
commercial, industrial, power generation and other uses. The Ministry executes its mandate through
the following sector institutions:

3.4.1       Water Services Regulatory Board (WASREB)

The Regulatory Board is responsible for the regulation of the water and sewerage services in
partnership with the people of Kenya. The mandate of the regulator covers the following key areas;

      (i)      Regulating the provision of water and sewerage services including licensing, quality
               assurance, and issuance of guidelines for tariffs, prices and disputes resolution.

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    (ii)       Overseeing the implementation of policies and strategies relating to provision of water
               services licensing of Water Services Boards and approving their appointed Water
               Services Providers,
    (iii)      Monitoring the performance of the Water Services Boards and Water Services
               Providers,
    (iv)       Establish the procedure of customer complaints,
    (v)        Inform the public on the sector performance,
    (vi)       Gives advice to the Minister in charge of water affairs.

3.4.2       Water Resources Management Authority (WRMA)

The authority is responsible for sustainable management of the Nations Water Resources;

    (i)        Implementation of policies and strategies relating to management of Water resources
    (ii)       Develop principles, guidelines and procedures for the allocation of water,
    (iii)      Development of Catchments level management strategies including appointment of
               catchments area advisory committees,
    (iv)       Regulate and protect water resources quality from adverse impacts,
    (v)        Classify, monitor and allocate water resources.

3.4.3       Water Services Trust Fund (WSTF)

This body assists in the financing of the provision of Water Services to areas of Kenya which are
without adequate water services. This shall include providing financing support to improved water
services towards;

    (i)        Capital investment to community water schemes in underserved areas
    (ii)       Capacity building activities and initiative among communities
    (iii)      Water services activities outlined in the Water Services Strategic Plan as prioritized
               by the Government
    (iv)       Awareness creation and information dissemination regarding community
               management of water services
    (v)        Active community participation in the management of water services

3.4.4       Water Services Boards (WSBs)

The WSBs are responsible for the efficient and economical provision of water and sewerage services
in their areas of jurisdiction. LVNWSB is among the seven catchment Boards established under the
Act mandated to;

    (i)        Develop the facilities, prepare business plans and performance targets
    (ii)       Planning for efficient and economical provision of Water and sewerage services
               within their areas of jurisdiction;
    (iii)      Appointing and contracting Water Service Provider
    (iv)       Asset holding of Central Government facilities

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3.4.5       Water Services Providers

Water Service Providers are the utilities or water companies. They are state owned but have been
commercialized to improve performance and run like business within a context of efficiency,
operational and financial autonomy, accountability and strategic, but minor investment. In this respect
Homa Bay County Water and Sanitation Company Limited (HOMAWASCO) is tasked with this
responsibility.

3.4.6       The National Water Conservation and Pipeline Corporation (NWCPC)

NWCPC was established under the State Corporations Act in 1988 as an autonomous agency
reporting to the Ministry. It is mandated under the Water Act 2002, to contract construction of dams
and pans bore holes and rehabilitation of flood canals on behalf of the Ministry.

3.4.7       National Irrigation Board (NIB)

NIB was established in 1966 through an Act of Parliament, Irrigation Act is mandated to develop,
promote and improve irrigated agriculture through sustainable exploitation of available irrigation and
drainage potential in Kenya. Its key responsibility is development and management of the National
Irrigation Schemes in Kenya. In the past, various Acts have mandated different organizations to
undertake irrigation and drainage activities resulting in conflicts and duplication of efforts, especially
in the public sector. The Irrigation Act (cap 347) needs to be repealed. There are also several other
legislations, including those concerning water, environment, land tenure, and Agriculture, which have
a bearing on irrigation.

3.5         NEMA Compliance

The government established the National Environmental Management Authority (NEMA) as the
supreme regulatory and advisory bodies on environmental management in Kenya under EMCA 1999.
NEMA is charged with the responsibility of coordinating and supervising the various environmental
management activities being undertaken by other statutory organs. NEMA also ensures that
environmental management is integrated into development policies, programmes, plans and projects.
3.6    The World Bank Safeguards

3.6.1       OP/BP 4.01 (Environmental Assessment)

The World Bank has well-established environmental assessment procedures, which apply to its
lending activities and to the projects undertaken by borrowing countries, in order to ensure that
development projects are sustainable and environmentally sound. Although its operational policies
and requirements vary in certain respects, the World Bank follows a relatively standard procedure for
the preparation and approval of an environmental assessment study, which;

      (i)      Identifies and assesses potential risks and benefits based on proposed activities, relevant
               site features, consideration of natural/human environment, social and trans-boundary
               issues

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    (ii)     Compares environmental pros and cons of feasible alternatives
    (iii)    Recommends measures to eliminate, offset, or reduce adverse environmental impacts to
             acceptable levels (sitting, design, technology offsets)
    (iv)     Proposes monitoring indicators to implement mitigation measures
    (v)      Describes institutional framework for environmental management and proposes relevant
             capacity building needs.

The environmental assessment evaluates a project's potential environmental risks and impacts in its
area of influence; examines project alternatives; identifies ways of improving project selection, siting,
planning, design, and implementation by preventing, minimizing, mitigating, or compensating for
adverse environmental impacts and enhancing positive impacts; and includes the process of
mitigating and managing adverse environmental impacts throughout project implementation. The
assessment takes into account: the natural environment (air, water, and land); human health and
safety) social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources);
and trans-boundary and global environmental aspects. Preventive measures are favoured over
mitigation or compensatory measures, whenever feasible. This approach is universally applied in
many institutional projects.

The World Bank considers environmental impact assessment (EIA) as one among a range of
instruments for environmental assessment. Other instruments used by the World Bank include
regional or sectoral environmental assessment, strategic environmental and social assessment
(SESA), environmental audit, hazard or risk assessment, environmental management plan (EMP)
and environmental and social management framework (ESMF). The Bank undertakes environmental
screening of each proposed project to determine the appropriate extent and type of environmental
assessment. Proposed projects are classified into one of three categories, depending on the type,
location, sensitivity, and scale of the project and the nature and magnitude of its potential
environmental impacts:

    (i)      Category A: the proposed project is likely to have significant adverse environmental
             impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area
             broader than the sites or facilities subject to physical works. For a Category A project, the
             Proponent is responsible for preparing an EIA report.
    (ii)     Category B: the proposed project has potential adverse environmental impacts on human
             populations or environmentally important areas such as wetlands, forests, grasslands, and
             other natural habitats - but these 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. Like
             Category A the environmental assessment examines the project's potential negative and
             positive environmental impacts and recommends any measures needed to prevent,
             minimize, mitigate, or compensate for adverse impacts and improve environmental
             performance.
    (iii)    Category C: the proposed project is likely to have minimal or no adverse environmental
             impacts. Beyond screening, no further environmental assessment action is required for a
             Category C project.


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Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential
negative environmental associated with Bank lending operations. The purpose of Environmental
Assessment is to improve decision making, to ensure that project options under consideration are
sound and sustainable and that potentially affected people have been properly consulted. The
magnitude of the proposed borehole and water system falls under category B, being a localized
intervention project and hence an ESIA Project would be appropriate.

3.6.2   OP/BP 4.04 (Natural Habitats)

The policy is designed to promote environmentally sustainable development by supporting the
protection, conservation, maintenance and rehabilitation of natural habitats and their functions. The
policy seeks to ensure that World Bank-supported infrastructure and other development projects take
into account the conservation of biodiversity, as well as the numerous environmental services and
products that natural habitats provide to human society. The policy strictly limits the circumstances
under which any Bank-supported project can damage natural habitats (land and water area where
most of the native plant and animal species are still present). This project has no significant interaction
with natural habitats. This policy is, therefore, not triggered.

3.6.3   OP/BP 4.11 (Physical Cultural Resources)

This policy is meant to assist in preserving physical cultural resources including the movable or
immovable (above or below ground, or under water) objects, sites, structures, groups of structures,
and natural features and landscapes that have archaeological, paleontological, historical,
architectural, religious, aesthetic, or other cultural significance including sites and unique natural
values. Physical cultural resources are important as sources of valuable scientific and historical
information, as assets for economic and social development, and as integral parts of a people’s
cultural identity and practices. The objective of this policy is to avoid or mitigate adverse impacts on
physical cultural resources from development projects. No cultural resources and sites were identified
in the area apart from a chance to find scenario whose handling procedures are described under the
Chapter on impacts.

3.6.4   OP/BP 4.12 (Involuntary Resettlement)

The policy states that “where large -scale of population displacement is unavoidable, a detailed
resettlement plan, timetable, and budget are required. Resettlement plans should be built around a
development strategy and package aimed at improving or at least restoring the economic base for
those relocated. Experience indicates that cash compensation alone is normally inadequate.
Voluntary settlement may form part of a resettlement plan, provided measures to address the special
circumstances of involuntary resettled people are included. Preference should be given to land-based
resettlement strategies for people dislocated from agricultural settings. If suitable land is unavailable,
non-land-based strategies built around opportunities for employment or self-employment may be
used”.

Involuntary resettlement is triggered in situations involving involuntary taking of land and involuntary
restrictions of access to legally designated parks and protected areas. The objective of this policy is

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to avoid or minimize involuntary resettlement, though participation in resettlement planning and
implementation and, where this is not feasible, to assist displaced persons in improving or at least
restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is higher. The policy
prescribes compensation and other resettlement measures to achieve its objectives and requires that
borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed
projects. There will be no displacements of people from this project. This policy is not triggered.

3.6.5   OP/BP 4.36 (Forests)

The policy on forest safeguards seeks to realize the potential of forests to reduce poverty in
sustainable manner, integrate forests effectively into sustainable economic development and protect
the vital local and global environmental services and values of forests. Among the principles is to
screen as early as possible for potential impacts on forest health and quality and on the rights and
welfare of the people who depend on them. The project area is fully habited and intensive social and
economic activities. The policy is, therefore, not triggered.

3.6.6   OP/BP 4.10 (Indigenous Peoples)

This policy contributes to the Bank’s mission of poverty and sustainable development by ensuring
that the development process fully respects the dignity, human rights, economies and cultures of
indigenous peoples. For all projects that are proposed for Bank financing and affect indigenous
peoples, the Bank requires the borrower to engage in a process of free, prior, and informed
consultation. There are no indigenous peoples identified in this project area.




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Chapter 4:          Environmental Setting

4.1       Overview

Nyamila village has a gentle slope towards Obambo Valley. The area receives above average
amounts of rainfall making sections of Obambo valley to be water logged especially during rainy
seasons. Obambo valley forms Obambo stream, which drains into River Arujo which in turn leads to
Lake Victoria. Vegetation comprises of grass, forbs, shrubs and woody trees of various species. The
surface geology is mainly composed of black cotton clays soils in most areas. Water sources available
to the residents are also scarce and residents have to walk long distances to fetch water from the
available streams and open shallow wells. The sections below outline the basic environmental setting
of the project area and Homa Bay County in general. The proposed Nyamila Borehole Project site is
located within Obambo River Valley some 3km from Rodi Kopany Junction. The site that is easily
accessible through a tarmac road to Sori before turning onto an access road leading to the borehole
site.

4.2       Topography

The general gentle slope of the land ensures a good drainage of the project area. There project area
is considered as the lakeshore lowland with its end lies Homa Bay. The bay is skirted by a shoreline
stretching for approximately 16.5 km covering parts of Asego and Rangwe Divisions. Homa Bay area
has a gently rolling terrain that flattens towards Lake Victoria. It is characterized by various hills
standing separately.

The county is divided into two main relief regions namely the lakeshore lowlands and the upland
plateau. The lakeshore lowlands lie between 1,163 –1,219 m above the sea level and comprise a
narrow stretch bordering the Lake Victoria especially in the northern parts of the county. The upland
plateau starts at 1,219 m above the sea level and has an undulating surface which has resulted from
erosion of an ancient plain. It is characterized by residual highlands such as Gwassi and Ngorome
hills in Suba, Gembe and Ruri Hills in Mbita, Wire Hills in Kasipul as well as Homa hills in
Karachuonyo. Kodera forest in Kasipul and the Kanyamwa escarpment that runs along the borders
of Ndhiwa and Mbita also form part of the upland plateau. To the west of the county lies the Lambwe
Valley where Ruma National park is located. The county is dissected by a number of rivers namely
Awach Kibuon, Awach Tende, Maugo, Kuja, Rangwe and Riana rivers, most of which originates from
Kisii and Nyamira counties. There are also several seasonal rivers and streams which originate from
highlands within the county. The county has 16 islands, some with unique fauna and flora and an
impressive array of physiographic features with great aesthetic value as well as breath-taking scenery
and forested landscape particularly those around the islands and the coast of Lake Victoria and a
peninsula like Sikri of Mbita sub-county

4.3       Geology and Soils

The project area soil is black cotton soil, which is difficult to work upon with simple hand implements.
It is also difficult to work on during heavy rains, making farming difficult. The predominant soil type in
this subzone is the imperfectly to poorly drained, deep to very deep, very dark grayish brown, mottled,
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very firm, cracking clay chromic vertisols The lake shore lowland is dominated by alluvial soils, mainly
the sandy loam type which is well drained and suitable for cotton, sunflower, maize, beans, cow peas
and vegetable production. Other crops with potential are sugar cane and potatoes. The subcounty is
underlain by various rock types, namely, agglomerates, conglomerates, tuff sandstone, granite and
other deposits which are useful in the construction industry.

4.4       Water Resources

The proposed project areas have abundant sub-surface water resources. This is evidenced by the
occurrence of underground water at shallow levels of less than 10m deep. Currently, the main sources
of water in the project area are traditional unprotected Shallow wells. A large proportion of the
community accesses water from unprotected spring and shallow wells some of which dry up during
the dry season. Some households and institutions practice rainwater harvesting though but due to
small storage capacities, the water it’s unreliable and prone to contamination. One major source of
water is Obambo shallow well which is unprotected. Private boreholes also exist where the residents
buy water for domestic use.

Water levels of the Shallow well fluctuate a lot and nearly dries up during the dry season. The average
distance to the main source is 0.5km -1 km during wet season and 1km- 2.0kms during dry season
and it takes between 10mins to 30mins collect water during wet season and 30 minutes to 1hrs during
dry season. Most household do not buy water their expenditure on water is minimal. They mainly pay
for drinking water at Kshs 3 per 20 litres container i.e. for those who can afford to pay. The Shallow
well is reliable and unprotected it’s not safe but they use it both for domestic and livestock.

4.5       Hydrology and Drainage

Though the project area has clay poorly drained loamy soils, there are no incidences of water logging
except at the base of Obambo valley. The surface drainage is also efficient. The largest river in the
County is Kuja River and its tributaries, which cover the southern half of the County. The river
originates at highland areas of Kisii Hills, runs through Homa Bay County and drains into Karungu
Bay in Migori County. The second largest river is Awach Tende River, which covers northern half of
the County together with its tributaries. The headwaters of the river originate at the northwestern side
of Kisii Hills, and then the river starts flowing toward Homa Bay of Winam Gulf through the border
with Rachuonyo District. Another important river is Maugo River, a tributary of Awach Tende River.
In addition, the District is endowed with rich wetland resources although the size of which are
generally smaller than that in Nyando District

4.6       Sanitation and Hygiene

The common mode sanitation in this rural setting includes pit latrines. Every household has pit latrines
within their premises. The pit latrines are shallow and some have varying seasonal water levels
making it uncomfortable for use. Tradition though do not allow elders share latrines with their
daughters implies even where toilets are available, a notable number of the community members still
seek alternative sanitation. The combination of shallow pit latrines and open defecation in the bushes
poses a major risk to water quality and hence threat to public health in the areas with among infections

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being typhoid, cholera, diarrhea, hepatitis B, eye infections, skin diseases and other water borne
diseases.

Save for Lake Victoria and other known natural sources such as rivers and springs, the county of
Homa Bay has about 2,200 water facilities spread over 211 sub-locations. These facilities include
boreholes, water pans and water wells/springs. Overall the county still needs a number of water
facilities if the distance to a water facility is to be reduced from an average of five km to below three
km for majority of the residents.

The only known water supply schemes that are operational with frequent breakdowns are those in
major urban centres such as Homa Bay, Mbita, Kendu Bay and Oyugis. Whereas some investment
has been made to deliver water to the other urban centres, the schemes have not been successfully
completed. Areas with gravitational capacities are also being explored for investment such as in Suba
and Oyugis.

Most urban and trading centres in Homa Bay County lack adequate public health and sanitation
facilities such as public toilets, safe water sources and effective drainage and waste disposal facilities.
The end result has been high morbidity and greater burden on the health care system. Latrine
coverage in Homa Bay County is estimated at 60 per cent.

4.7       Public Health Status

This section gives an overview of the current status of the health sector in the project area and Homa
County in general. A number of health facilities are available at Kalanya Kanyango sublocation. These
are Miniambo Dispensary near Wiobiero Primary School, Kijawa Dispensary Next to Kijawa Primary
School and St. Lawi near Sero Youth Polytechnic. Serious cases of illness are taken to Marindi
Subcounty Hospital or Homa Bay County Hospital.

Malaria is endemic in the area and is the main cause of morbidity and mortality in the County.
Although for recent years malaria cases seem to decline. This steady increase in malaria cases was
not confined to Nyanza province only but it was country wide. The increase can be attributed to
several reasons. For example, malaria drugs are now free to the patients at government health
facilities, and hence people suffering from malaria tend to appear.

HIV/AIDS is one of the major health problems in this County. Several interventions have been put in
place to address the HIV/AIDS pandemic. These interventions have prevention, care and support
components and they include Voluntary Counseling and Testing (VCT), Prevention of Mother to Child
Transmissions (PMTCT), patient support center that provides Antiretroviral Therapy, Home Based
Care and awareness creation and prevention. The government through the National AIDS Control
Council has also channeled funds through the Constituency AIDS committee to support community
initiatives that address HIV prevention and care to mitigate the effects of the epidemic in the
community.

Other major diseases prevalent among adults include HIV/AIDS opportunistic infections, tuberculosis,
waterborne diseases, and skin diseases while main illnesses affecting the under-fives are malaria,

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measles, pneumonia, diarrhea, skin disease and malnutrition. The main causes of mortality and
morbidity in the district are attributed to health conditions that are preventable either through
immunization, observing basic hygiene or through environmental manipulation.

4.8       Waste Management

Being a rural set up, waste is not a major challenge in waste generation and management. Domestic
wastes are managed at the household levels (mainly papers, cartons, plastics and limited packaging
materials. Agricultural wastes including dry plant matter decompose in the farms while livestock
wastes are applied as manure in the farms.

4.9       Biodiversity

The proposed project area is endowed with both indigenous and exotic tree species as well as shrubs
and forbs. Anumber of plant species found to be dominating the project area are; Cassia siamea,
Croton megalocarpus, Psidium guajava, Grevillea robusta, Eucalyptus saligna, thevetia peruviana,
Sesbania sesban, Rhus natalensis, Albizia gummifera, Acacia specie, and Ficus wakefieldii, and
Vernonia auriculifera. Forbs observed in the project area include; Ocimum suave, Colens
kilimanscharica, Conzya banariensis, Indigofera erecta, Tithonia diversifolia, Tagetes minuta , and
Lantana camara. The settlement patterns within the county coupled with the high
Population density poses as a major constraint to large-scale wildlife conservation. At the time of
assessment, there were no endangered fauna and flora at the proposed project site or its vicinity.

Homa Bay County is home to Ruma National Park which is the only park where unique and rare
species like the roan antelope can be found.There is, however, potential presence of reptiles (snakes,
lizards, crocodiles associated with the Lake ecology) and rodents (rats and moles among others).
There is also heavy presence of various types of birds that are associated with the lake and highland
ecologies and attracted by the social behaviour. Birds are perhaps the most visible wildlife around
the project area.

Figure 5:           Typical Vegetation Cover




4.10      Climatic Conditions

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4.10.1 Rainfall and Temperatures

There are two rainy seasons; long rainy season from March to June and short rainy season from
October to February. The mean annual rainfall ranges from 900 mm in lowland areas of the lakeshore
to 1,600 mm in highland areas. Figure 10 shows the monthly average rainfall at Homa Bay Agriculture
Training Centre together with average daily maximum and minimum temperatures by month. The
average annual rainfall at the centre is 1,156 mm. In peak months of the rainy seasons, it experiences
more than 100 mm rainfall every month.

In the County, temperature differs according to the elevation. The annual maximum temperature is
between 30ºC and 35ºC in the lowlands while it becomes between 25ºC and 30ºC in the uplands.
The annual minimum temperature tends to change as well as the maximum; it is between 15ºC and
20ºC in the lowlands and between 10ºC and 15ºC in the highlands. Figure 10 indicates that February
is the hottest month with maximum of 31.6ºC and minimum of 21.4ºC while July is the coolest with
28.1ºC and 18.8ºC. It also explains that the monthly change of the temperature is much smaller,
which is only about 3ºC, than the daily changes, which is 9.7ºC on average.

Figure 7:         Annual Rainfall and Temperature Trends




4.10.2 Wind

Generalized wind speeds average about 4 m/sec and have certain regularity due to the convection
effect of the large water body of the lake that borders the often hot dry land.

4.10.3 Air Quality



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Being a rural set up air quality not deteriorated as compared to urban centers. During construction,
the proponent will use vehicles and equipment that depend on fossil fuel as their source of energy
during project implementation. It is recommended the requirements of the regulation such as periodic
vehicle inspection, use of clean fuels among others be implemented in order to eliminate or reduce
negative air quality impacts.

4.11    Noise and Vibrations

Noise and vibrations will be experienced during construction works as the machines and vehicles will
be on site. The project team should observe the noise regimes for the different zones especially when
working in areas termed as silent zones which are areas with institutions, worship places.




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Chapter 5:          Social and Economic Setting

5.1       Overview

There are various socio-economic activities undertaken by the various households in the greater
Homa Bay County to generate income. These include employment in salaried jobs; small-scale
farming in maize, millet, horticultural crops, sorghum and beans. A large segment of the population
is engaged in informal sector while the rest are involved in small-scale businesses. There is one
Sugar Mill in the county that offers employment to the people in the area. The major economic activity
is fishing and fish processing with the County being the leading supplier of fresh water fish in the
country. This is due to its proximity to Lake Victoria with 80% of its waters in the County. It is also
endowed with arable land, livestock, pastures, wildlife and sand.

Other economic activities are farming with maize, millet, cassava and sunflower being the leading
agricultural produce. It also has thriving commercial business and a potential for exploitation of
minerals such as copper, gold, iron ore, pyrite, nepheline and phosphate.

5.2       Land and Settlements

The settlement pattern of in the project area is scarce although Kalanya Kanyango Sub-location has
a population density of 328 according KNBS Population data of 2009. The area is settled by
predominantly Luos. The proposed project area is in an agricultural zone. Land is mainly used for
food production, commercial sugarcane growing, and settlement. Due to the continued rise in
population and decline in soil fertility there has been encroachment into wetlands and river banks.
This prompts the need for proper physical planning to enhance sustainable land use and
environmental management.

5.2.1     Land Ownership and Land Use

In Homa Bay town, the land tenure system is such that within CBD there is trust land and leasehold
(99 years). Areas of Kalanya and Katuma have a freehold land tenure system, while areas of Kothidha
and Kanyadier are community land under a land adjudication programme. Most of the landowners in
Homa Bay have land whose size ranges from an eighth to 20 acres. However, most households living
in Homa Bay own land ranging between an eighth to 3 acres with the majority, about 23.7% owning
a quarter acre. The land has been sub-divided to sizes uneconomical for agricultural activities.

Land is demarcated and owned under freehold systems. The lands have been divided to smaller
portions with the increase population and demand for agricultural land. There is practice of
subsistence farming and livestock. The community undertakes other economic activities to
supplement income from Agriculture. Due to the continued rise in population and decline in farm
productivity, there has been progressive encroachment into sensitive land areas such as along
riparian areas. There is inadequate integration of land use planning principles in development projects
to ensure long-term compatibility and potential conflicts.
5.2.2 Settlements Patterns and Housing Characteristics


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The project area can be described as sparsely populated like other sub locations in the Sub-county.
The highest populations are found within Homa Bay town and small towns like Rodi Kopany. Most of
the project area is generally flat terrain homesteads and farmlands uniformly distributed.

5.3       Demographic Patterns

In the 2009, Kalanya Kanyango Sub-location had a population of 14,527,313 (male-6,965 and female
7,562) with a density of 480 persons per km² spread in 3,188 households. The annual population
growth rate stood at 2.1 %. There is a high population growth rate and thus the population in the sub-
county is expected to remain high.

Based on projections from the 2009 Kenya Population and Housing Census, Homa Bay County has
an estimated population of 1,038,858 persons consisting of 498,472 males and 540,386 females by
the end of the year 2012. This population is projected to rise to 1,177,181persons in 2017. Of this
total, 564,843 will be males while 612,338 will be females

The natural growth of Homa Bay is high owing to a number of factors; high fertility rates at 7.1% and
low acceptance of family planning, natural increase takes place at high rates because of high fertility
rates, low acceptance of family planning, which stands at 35% and decreased mortality rates.

5.4       Economic Activities

The major economic activities in the proposed project areas include crop farming, livestock rearing
and small-scale businesses. Agricultural activities are dependent on rainfall. Crops include maize,
beans and horticulture. The main cash crop grown in the proposed project area is sugarcane. Most
farmers still face the challenge of marketing their produce. Business entrepreneurs licensed in the
informal sector include retail shops, welding workshops, bar and restaurant among others. The
informal sector is widespread in the project area and it contributes considerably to the growth of the
local economy.

5.4.1     Agriculture

The main crops produced in the county include maize, beans, sorghum, millet, kales, sweet potatoes
and peas. The vast majority (80 per cent) of the farmers produce maize and beans. This is because
maize and beans are considered the staple foods of the county. The main cash crops produced in
the county are sugar cane (Ndhiwa), sun flower (Suba), pineapples (Rangwe) and potatoes (Kasipul
and Kabondo Kasipul). There exists huge potential for cotton in Mbita, Homa Bay Town, Rangwe and
Karachuonyo Sub-counties.

Fishing remains a prominent activity in Homa Bay county engaging upwards of 18,300 people and
3,600 families. The main types of fish harvested include Nile perch, tilapia and clarias (Omena). The
county has 151 landing beaches managed by 133 beach management units (BMUs). Of these BMUs,
61 are in Mbita, 33 in Suba, 30 in Rachuonyo North and four in Homa Bay. In the year 2012, 76,710
tonnes of fisheries worth KES 7 billion were captured. Of these Nile perch contributed KES 5 billion
and Clarias (Omena) contributed KES 1.7 billion.

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The main livestock bred in the county include zebu cattle, the red Maasai sheep, the small East
African goat and the indigenous chicken. Most of these livestock are bred for their sentimental value
and are used only in emergencies to cover medical and transport costs, pay school fees, entertain
guests and pay dowry. There exists very limited commercial development of livestock resources in
the county save for promotion of dairy goats by Heifer International and the Southern Nyanza
Community Development Project (an IFAD/GOK initiative under the Ministry of Planning in Suba,
Ndhiwa, Homa Bay Town and Karachuonyo sub-counties.)

5.4.2   Trade and Finance

According to the 2009 Kenya Population and Housing Census, Homa Bay County has four recognized
urban centers namely: Homa Bay, Mbita Point, Kendu Bay and Oyugis. The county has several
trading centres with the main ones being Sindo, Ndhiwa, Rodi Kopany, Kosele, Mirogi, Rangwe,
Adiedo, Nyangweso, Aora Chuodho, Magunga, Ringa, Kadongo, Chabera, Misambi, Ruga,
Nyandiwa, Ogongo and Sena. Some of these market centers are growing fast and could soon
graduate to townships going by the volume of development being witnessed.

Today these centers are hosts to most microfinance institutions, wholesale and retail outlets,
accommodation and entertainment facilities. Three of them: Ndhiwa, Kosele and Magunga host sub-
county headquarters where closeness to government services continues to attract good investments.
Others are strategically positioned to benefit from the local transport network as the key points of
entry or connection between various busy roads. This category includes Nyandiwa, Rodi Kopany and
Sena. The county has 151 landing beaches managed under 118 Beach Management Units. These
landing beaches have become influential trading centers in the county especially for fish and forestry
products. Examples of landing beaches which have become thriving trading centres include
Nyandiwa, Ringiti, Remba, Kwethumbe, Alum, Kaugege, Ndhuru and Sena

5.4.3   Transport and Communication

Homa Bay County has one class A1 (Kisii – Kisumu) road which covers about 30km; one class C20
(Homa Bay – Rongo) road covering about 30Km; two class C19 (Homa Bay – Mbita and Homa Bay
– Kendu Bay) roads covering about 71Km and one class C18 (Rodi Kopany – Sori) road covering
about 32km. All these class A and C roads are bitumen surfaced except for a 25Km stretch of the
Homa Bay – Mbita road which is yet to be tarmacked but work on which is in progress. In all about
168Km of the road surface in the county is under bitumen, including a D221 road of about 5Km linking
Kadongo to the county boundary with Nyamira. The rest of the classified road network of about
1,800Km of is not bituminized with 25% under gravel and earth 75% under earth.

The county has witnessed a lot of roads opened in the last 10 years most of which are presently being
maintained by the Kenya Rural Roads Authority. More roads, however, will need to be opened and/or
improved to enhance access to markets by local producers and to lower the transport costs of doing
business in all parts of the county. Homa Bay County has five airstrips, namely: Kabunde, Mfangano,
Rusinga, Otange and Otaro. Kabunde is the only one that has the bitumen-surfaced run-way and can


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accommodate large aircrafts. Otange and Otaro airstrips are still under construction and were
expected to be complete by the end of 2013

Homa Bay County has 10 post offices spread across its vast territory to adequately cater for its posting
needs. However, with the emergence of mobile phone-based short message services, increased
availability of email facilities and other electronic media the use of post office services has been
significantly reduced. The county enjoys mobile phone penetration of 62.7 per cent with all the
national telephony operators registering a presence. The popularity of mobile telephony services has
been boosted by the electronic money transfer capability especially Safaricom’s M -pesa. The use of
landline services has virtually ended in the county with most connectivity infrastructure vandalized.

Figure 8:           Rodi Kopany Road




5.5       Social Welfare Indicators

The community lack basic amenities to improve the living and health standard. There are still rampant
cases of poverty, lack of safe drinking water, poor transport systems, food insecurity occasioned by
inadequate and unreliable rainfalls, unemployment and high cases of childhood mortality. Most
prevailing condition is, therefore, not favorable to majority of the area residents.

5.5.1     Poverty and Income Levels

Despite the significant efforts by various stakeholders to address poverty, it still remains the greatest
challenges facing the area. The local community in the area associates poverty with inability by the
individual or household to access basic needs. Vulnerability and multi-dimensional deprivation of
basic necessities such as food, health and education are manifestations of poverty. The factors
advanced as being responsible for the sustained high levels of poverty are: Landlessness, disability,
orphan hood, laziness and unemployment. Attitude related factors include preference for formal
employment over those of entrepreneurial nature e.g Jua Kali or farming

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)



5.5.2     Education

Homa Bay County has 1,183 Early Childhood Development (ECD) centres served by 1,326 ECD
teachers, 905 primary schools served by 5,385 teachers, and 118 secondary schools served by 1,224
teachers. At the tertiary level, the county hosts one public Teacher Training Colleges at Asumbi and
one public Technical Training Institute at Mawego. The county is not home to any public university
save for two learning centres at Homa Bay Town run by University of Nairobi and Maseno University
and one at Nyandiwa TTC run by Rongo University College. Moi University, Maseno University,
Mount Kenya University and Bondo University College have proposed to set up full-fledged satellite
campuses in the county and are currently looking for suitable sites for the same. Sites so far proposed
included Kabunde, Homa Hills, Waondo and Mirogi. Bondo University College has a teaching site at
Kosele; University of Nairobi has a learning center in Oyugis at Olando Plaza. Homa Bay County
hosts three accredited private colleges and sixteen established public youth polytechnic sincluding
Homa Bay, Nyagwethe, Waondo, Sindo, Waiga, Wakiaga, Sero, Oriwo, Kabuoch, Langi, Omiro,
Nyakongo, Ndiru, Katieno, Lambwe and Mboga Youth Polytechnics. Kenya Industrial Estates also
has an operational centre in Homa Bay town

5.6       Health

Homa Bay County has 211 health facilities including nine tier three hospitals and four mission
hospitals. The rest are health centres and dispensaries most of which are connected to community
health units. These facilities are manned by 941 personnel mostly nurses with a doctor-population
ratio still at 1: 40,000 and nurse-population ratio at 1:1,500. This is way above the national average
and measures should be in place to remedy the imbalance and address the consequent lack of quality
health care provided in low tier health facilities. It is estimated that the County has a bed capacity
upwards of 2,190 in public facilities and 12 in mission facilities. These capacities enjoy over 100 per
cent occupancy meaning there exists sharing of beds in health facilities. There is need for further
investment in in-patient care services especially wards where more observed care can be provided
by trained health professionals such medical doctors, clinical officers and nurses.

5.7       Cross Cutting Issues

This section provides a brief overview of the issues that impact and interact with more than one
domain of economic, social and environmental development. The Cross Cutting Issues are not
restricted to water supply sector per se; on the contrary, decisions made in other sectors or nationwide
scale, strongly influence how water policies perform in specific situations.

The water sector has been a pioneer in understanding that involvement of both men and women in
water management is imperative to ensure development opportunities and equitable management.
A significant percentage of the world’s population falls under the age of 35. The average age of the
world population is 28. In many societies, young people make up more than 50 percent of the citizens.
There is often very little involvement of youth in decision-making process. Limited access to useful
knowledge is the reason of a huge pressure on young people and intensifies the difficulties for them
in participating in water management

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Until recently, it was rare for water management planning to consider finance. Water advocacy and
plans were often inspirational, neglecting to show where the money would come from, how activities
would be financed or who would pay for them. This situation is changing, finance is now an essential
topic in water management circles. Water governance refers to the range of political, social, economic
and administrative systems that are in place in a particular society to manage water and deliver
services. How a society manages its water resources determines the health of its people, the success
of its economy, the sustainability of its natural environment, and its relations with the neighbours.
Good water management brings tangible benefits to a society. Thus, good governance is a
cornerstone on how to develop and manage water resources, and the delivery of water services at
different levels of society

5.7.1   Gender

In general, of the rural water supply schemes are generally poor on gender representatively on CBO
Committees. The traditional role and responsibility of women in managing water on the household
level should translate into a greater role in, and responsibility for, the management of water on the
larger water scheme scale.

5.7.2   Social and Cultural Setting

The project area is inhabited by the Luo community in which the changing times and attitudes have
effected a change in concept, context, and expression of the Luo cultural practices. These changes
are due to awareness on human rights, gender equality, and economic pressures. It is also important
to note that of all the socio-cultural practices, the few which are still being practiced in the area are
practices surrounding birth, wife inheritance, and death.

5.7.3   HIV/AIDS and Other Communicable Diseases

The HIV/AIDS prevalence rate in the area is high. During construction period, the borehole project is
likely to bring in a significant population of new people in the project area chances are high that new
infection rates may increase.




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Chapter 6:       Public Consultations

6.1     Overview

Regulations 35-2 of the Environmental (Impact Assessment and Audit) Regulations, 2003 requires that
an EA should examine and seek views of the local community and other potentially affected communities.
The welfare of human societies and the quality of life is directly linked to sustainable use of natural
resources. This has been duly recognized in agenda 21 where it stated that;

        “Special attention should be paid to demand for natural resources generated by unsustainable
        consumption and to the efficient use of these resources consistent with the goal of minimizing
        depletion and reducing pollution”

The Kenyan government has enshrined the need for human societies’ involvement in project development
in the constitution. This has been set out in Environmental (Impact Assessment and Audit) Regulations,
2003 which require the community participation to be part of EA. It has also demonstrated that projects
that go through this process will acquire high level of public acceptance and accrue benefits for a wider
section of the society.

Public consultation forms a useful component of gathering, understanding and establishing impacts of
projects; determine community and individual preferences and selecting mitigations. Furthermore, it
makes it possible to enhance project designs and ensure sustainability of projects. This participatory
process enabled the participation of the local people in the decision making process. The involvement of
the various stakeholders ensured that the affected population and other stakeholders are informed,
consulted and allowed to participate at various stages of project preparation.

The engagement was through administering open ended questionnaires and holding a public meeting at
Nyamila SDA Church compound, some 400m from the borehole site. The public meeting was held on 11th
January, 2017 to discuss the proposed borehole project. The meeting was organized by the water
committees and area administration. In attendance were representatives from Lake Victoria South Water
Services Board headed by George Ageng’o, in charge of Environment. Also in attendance w as the EIA/EA
Lead Expert Mr. George Adhoch representing the Consultant. There were also members of the
surrounding community and the general public. The list of attendance as well as minutes discussed in the
meeting is attached in appendices of this report. The questionnaires administered during public
consultation are also attached at the appendices of this ESIA project report.

6.2     Outcome of Consultative Public Participation

The public interviewed welcomed the development and were optimistic that the project will reduce cases
of waterborne diseases with the supply of treated water, create employment opportunities stimulate the
local and national economy by boosting other sectors of business and lead to better standards of living.
There was no major negative issue raised as far as the new development is concerned. The participation
from the stakeholders, the public and neighbours were very successful and the participants were very
cooperative. The community members were unanimous in their approval of the construction of the
borehole and are willing and ready to fully participate in its maintenance and operations. They were also
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optimistic that the time wasted in search for water will be reduced. Therefore the project is commendable
for approval by NEMA.

Figure 9:        Stakeholders Consultation Meeting




6.3     General Views

6.3.1   Employment Opportunities

The residents expect the project to create casual employment opportunities during the proposed project
construction. Unskilled labour, for instance, digging of trenches, laying of pipes, construction of water
Kiosks, and caretakers office are some of the casual jobs that the area youth will benefit from. Long-term
job opportunities are also expected during project’s operation phase, for inst ance, caretakers who will be
put in charge of the kiosk. The employment opportunities could be either directly in the project or indirectly
through associated businesses.

6.3.2   Improvement of Local and National Economy

The project requires use of locally available materials, namely cement, barbed wire, nails, water pipes,
poles, roofing sheets etc. This will translate into contribution towards growth of the economy by
contributing to the gross domestic product through improved sale of goods.

6.3.3   Boosting of the Informal Sector

During the construction and operations phases of the proposed borehole project, the residents expect
that other businesses in the informal sector will flourish. This will promote the informal sector in securing
some revenue and hence improved livelihood.




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6.3.4   Improvement of Sanitation

Currently, the residents fetch raw water from the dams and shallow wells. The sources easily are
contaminated since they are shared with livestock. This has been exposing the residents to dangers of
contracting waterborne diseases. The community is happy that with the water supply, they will be able to
access cleaner and safer water for their domestic use hence better living standards.

6.3.5   Time Saving

Kalanya Kanyango Community residents are happy that they will save on time usually lost in travelling to
the water sources to fetch the water.

6.4     Fears and concerns

6.4.1   Increased Dust Emissions (Air Pollution)

During construction phase of the proposed water project, the residents fear that there will be undesirable
emissions that will be emitted by vehicles bringing materials to the site. Neighbours asked for air pollution
control measures to be put in place by the proponent.

6.4.2   Social Concerns

Some respondents thought construction works would attract many people to the area including
construction workers. They say many people will come from the neighbouring communities to get clean
water. Others complained that construction workers practice immorality with their women and even snatch
them.

6.5     Suggestions and Recommendations

In order to enhance high level of ownership and cooperation during and after the project construction, it
was suggested that adequate information and awareness be considered throughout the project cycle.
Water quality tests to be done regularly to ensure it is safe. The contractor will ensure that his staff
behaves in the right manner as per the requirements of the law. He will be responsible for their actions.




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Chapter 7:           Anticipated Impacts and Mitigation Measures

7.1          An Overview

The environmental impact assessment and analysis was done using a number of methods and
tools. While identifying impacts, a checklist was used. This indicated all possible impacts that
would accrue from implementation of this project. A weighted matrix was used to examine the
level of impact for each particular impact. The proposed intervention project has an overall
positive impact to the residents and minimal implications to the environment. While appreciating
the benefits associated with improved access to safe drinking water, it would also be necessary
to recognize negative impacts so that appropriate preventive measures are integrated into the
project during the implementation and operations

7.2          Impacts Criteria

The impacts are examined under two categories i.e. negative environmental impacts and positive
environmental impacts. The various impacts in these two categories are then examined in order
of their level of importance and significance. They are also examined in categories of their time
of occurrence (construction or operational phase). The following possible impacts were
determined.

Table 3:             Impacts Criteria

           Potential                          Impacts              Design                      Project Stage
      Impacts’ Aspects                                                        Construction     Operation Decommissioning



    Air Pollution              Dust and emissions           o                        -               o                      0
                               Noise Levels                                          -               o                      0
    Soil Loss                  Erosion                      o                        -               o                      -
                               Stream Erosion               o                        -               o                      -
    Bio-Diversity              Flora and Fauna              o                        -               +                      +
                               Habitat Alteration                                    -               +                      -
    Population                 Employment                   o                        +               +                      +
                               Quality of Life                                       +               +                      +
                               Infrastructure                                        +               +                      +
    Water                      Surface Flow                 o                        o               o                      o
                               Site Drainage                                         o               -                      o
    Others                     Landscape & Aesthetics       o                        o               o                      o
                               Cultural                     o                        +               +                      +
                               Economy                      o                        o               +                      +
                               Wastes                       o                        +               +                      +
-     Negative Impact         + Positive Impact     o No Impact

The above checklist identifies potential impacts from the proposed projects’ different phases
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7.3       Significance Matrix

The weightings of significance within the table below range from 0 – 3 whereby 0 represents no
significance, 1 represents low significance; 2 means there will be some significant effect; and 3
represents high environmental significance. Seven (7) environmental attributes were considered
against the project activities. A total score of 0 – 7 on any row will represent an activity with
negligible or no significance. A score of 8 – 14 will represent activities with significant impacts
that will require some intervention to avoid adverse impacts. Aspects ranging from 15 – 21 will
have high significance and these would have detrimental effects on the environment if left
unchecked. The matrix below conveys the negative impacts of the project activities against
identified environmental attributes.

Table 4:            Significance Matrix

                            Environmental Attributes
Impact matrix
Weighting
0= not significant
                                                     population




                                                                                    hydrology



                                                                                                     landscape
1= low significance




                                                                                                                  Totals
                                        fauna




2= significant
                            flora




                                                                  soil



                                                                             air
3= high significance
Project Activities
Design phase
Planning and design          0            0            0           0         0         0               0                   0
Impact assessment            0            0            0           0         0         0               0                   0
Construction phase
Ground clearing              1            1            0           1         1         1               1               6
Excavation                   2            1            1           2         1         1               2              10
Civil works                  0            0            0           0         0         0               0               0
Materials transfer
Construction                 0           0            0           0          1      0                0                     1
Waste handling               0           0            0           1          0      0                0                     1
Operation phase              0           0            0           0          0      0                0                     0
Resource Use                 1           0            2           2          0      3                0                     8
Human movement               1           1            0           0          0      0                0                     2
Traffic flow                 0           0            0           0          0      0                0                     0
Waste generation             0           0            0           0          0      0                0                     0
Total                        5           3            3           6          3      4                3

 The horizontal sum totals represent the significance level of the project activities on the environment.
 Not much emphasis will be placed on activities with low or no significance score that are less than
 7. The vertical totals depict environmentally sensitive environments. With seven activities on each
 column, each attribute can have a maximum score of 21. The maximum score would represent a
 very sensitive attribute that will require some intervention to curb adverse impacts. There are
 however some positive impacts of the project with regard to economic gains namely savings on
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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

 purchases of water; provision of clean, abundant potable water; and reduction of time wasted in
 searching for water.

7.4           Positive Impacts

The proposed borehole under WaSSIP-AF programme is designed to intervene on the challenges
facing the community during the dry weather conditions. In addition to the time spent fetching water
from long distances, it is expected that improvements on community sanitation and hygiene will be
realize effective reduction in cases of water borne illnesses and livestock deaths during the drought
conditions. The project will, therefore, create short-term employment to a number of residents in the
area.

The project will require supply of large quantities of project materials most, of which will be sourced
locally in the surrounding areas. This shall provide ready market for construction material suppliers
such as quarrying companies, hardware shops and individuals with such materials. The large number
of construction staff required will provide ready market for various goods and services, leading to
several business opportunities for small-scale traders such as food vendors around the project site.
The project shall also attract more investments in the area.

It is anticipated that the operations phase of this project will result in:

      (i)        Increased number of community members with portable water for domestic use;
      (ii)       The health status of the project area is likely to improve as improved water facilities will
                 reduce water borne diseases prevalence;
      (iii)      Increase in employment opportunities and development of socio-economic activities in
                 the area.
      (iv)       The general socio-economic activities carried out at the communities will also increase
                 due to optimal use of time through continuous engagement in socioeconomic activities.
      (v)        Students will now have more time to stay in class and study rather than have to skip
                 school to go long distances to fetch water. This will ensure increased enrolment and
                 performance in primary and secondary schools in the area.
      (vi)       Improved hygiene at the family level, especially the women and children who for many
                 years have to rely on the little water obtained from a distance,
      (vii)      Saving time spent accessing water (especially by women and children) after the project.
                 The distance covered will also be significant. The time saved will go to other productive
                 use including income generation engagements for the women and studying for the
                 children,
      (viii)     Less risks from water borne infections and especially for young children, who are
                 exposed to ailments such as typhoid, diarrhea and skin infections,
      (ix)       Women and children (girls) will also be saved from potential injuries (spinal and pelvic
                 complications) arising from carrying heavy burdens of water for long distances,
      (x)        Easy access of water by the larger community will contribute towards protection of the
                 rivers and streams from haphazard abstraction of water.
      (xi)       Temporary and/or permanent direct increases in employment arising from construction
                 activities and operation;

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      (xii)      Social inclusion and accessibility to community facilities through the provision of better
                 linkages including access roads;
      (xiii)     Stimulation of Local Economy during the construction phase of the project that will
                 stimulate local economic activities through creation of job opportunities for the
                 construction workers and demand for goods and service

7.5           Negative impacts

Improper construction of wells and boreholes can provide short-circuit flow pathways for surface and
subsurface contaminants to impact ground-water quality. However, the impact of the borehole on the
soils, land use and natural resources of the area is expected to be minimal. The area is clear of any
natural vegetation and is mainly stony with sparse vegetation. The construction works will involves
minor clearing, minor excavation and minimal site preparation. As such, there will be minimal clearing
of trees or shrub vegetation, and hence minimal ground disturbance required for completion of the
borehole and therefore, minimal impact to soils and natural resources are expected to occur. The
project will incorporate a number of mitigation measures that will ensure minimal adverse impact on
the environment and conformity to the various national and internationally accepted guidelines and
standards. Specific Impacts and Mitigation measures are briefly described below;

7.5.1         Soil Loss and Compaction

      (i)        Excavation for the water transmission pipelines, storage tank construction and water
                 kiosks may lead to soil loss through erosion and wind. This is particularly true along natural
                 drainage and stream crossings. Further soil loss may occur along the access roads to the
                 project areas.
      (ii)       Compaction will result due to movement of construction machinery around the proposed
                 site. Compaction has the undesired effect of hindering air and water penetration beneath
                 the soil surface and thus limiting aerobic activities of soil dwelling organisms. This may
                 have negative consequences on soil productivity on a localized scale. Compaction also
                 enhances run-off during the rainy season resulting into soil erosion,
      (iii)      There is potential destruction of Physical, environment, removal of vegetation, soil erosion
                 and compaction and slight elevation in nearby streams.

      Mitigation Measures
       Excavations should be undertaken during the dry conditions and the works should be
          completed before the rains,
       Strictly control moving machines to ensure that they operate judiciously and over designated
          areas to reduce soil compaction.
       Rip off any compacted areas after construction to allow aeration of soil and ease infiltration of
          water into the soil,
       Develop soil erosion management measures
       Develop tree planting Programmes
       Plan work in sections to avoid opening up areas not earmarked for development
       Minimize clearance of existing natural vegetation at the at the site


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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      Re-establishing vegetation in whole or part of the disturbed areas through implementation of
       a well-designed
      Establish a landscaping programme.

7.5.2       Groundwater Pollution

Borehole construction activities have the potential to introduce contaminants into ground water
reservoirs creating a great concern to human and animal health. Protection of groundwater quality
during the drilling may have occurred following one or more of the following deficiencies:

    (i)       Insufficient or substandard well casing hence drawing contamination from the sub-surface
              or perched water,
    (ii)      Inadequate seal between the well casing and the borehole
    (iii)     Poor welding of casing joints
    (iv)      Lack of sanitary protection at the wellhead

The effects of the drilling process are covered in the drilling ESIA Project Report. However, there
are potential linkages of the borehole water quality during the water abstraction and distribution
activities that include among others;

    (i)        Installation of the pumping facilities,
    (ii)       Car washing and services within vicinity of the wellhead,
    (iii)      Proximity of deep pit latrines to the wellhead
    (iv)       Land use practices within the borehole area including excessive application of
               agrochemicals,

    Mitigation Measures
    Groundwater quality must be safeguarded by an appropriate territorial planning since these are
    strictly linked to ground water resources. Other measures will include;

      Ensure that all potential sources of pollution are eliminated,
      The proponent will adhere to the regulations set by WRMA on the amounts to be extracted
       from a borehole and the number of pumping hours. This helps to reduce wastage and misuse
       of this resource as well as ensuring equity in ground water abstractions,
      Avoid improper land use activities within the proximity of the borehole wellhead
      Undertake an audit on the integrity of the borehole abstraction piping and associated casings

7.5.3       Groundwater Depletion

Improved water supplies have the potential to increase the number of users and changes in water
uses practices. This may place unnecessary demand on the proposed borehole project resulting in
excessive abstraction of the water from the borehole i.e. beyond the permitted limit. Test pumping
exercise has established the recommended abstraction limits per day to allow for recharge. There is
tendency of misuse of water at service points from an attitude that the water comes easily and may


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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

be at no cost. Other avenues of water loss include burst pipes, leaking taps and overflowing storage
tanks.

    Mitigation Measures

    Part of the proposed project is to ensure installation of control facilities including a water meter.
    These control facilities include the following;

      The borehole should be installed with a master meter and an Airline/Piezometer to monitor
       ground water abstractions and to facilitate regular measurements of the static water level in
       the borehole, respectively
      The maximum ground water abstraction permitted from the borehole is limited to the
       authorized volume per day for the domestic/industrial use only subject to availability from 60%
       of the tested yield for a maximum abstraction period not exceeding ten (10) hours per day
      Install auto-shut water taps to reduce water wastage
      Educate and create awareness to the Community on the value of water and water resources
       for enhanced conservation,
      Consult on reasonable water tariffs to sustain the water supply as well as creating a sense of
       value for water to the beneficiary community,
      Ensure optimum maintenance of the water supply system components including pipelines,
       valves and consumer taps.

7.5.4    Water Quality and Quantity

Water supplies are designed to improved access to water for the public. However, with increasing
population and demand of water resources, more energy goes into enhancing water flow but forgets
the management of sanitation and wastewater. This scenario also leads to low attention to water
quality and concentrating into increasing the volume.

    Mitigation Measures
    Following is an outline of the proposed mitigation measures;

      Observing the Water Act 2002 and associated Water Rules
      Conduct continuous maintenance of machines, equipment and vehicles
      Provide project workers with sanitary facilities during the construction period
      Conduct water sampling at least every 3 months for water monitoring record base on this
       facility
      Observe and maintain the limits set by WRMA water abstracting license
      Encourage rain water harvesting by the public to enhance sustainability and complementation
       of the borehole outputs




7.5.5    Noise and Vibrations


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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

The noise generated during any construction is at best described as part of a normal occupational
challenges faced by that construction workers. Noise levels in construction works are usually below
the threshold limit (90dBA) that workers can be exposed in an 8 hours working day and is
consequently not of any major concern. However, this project is generally a low noise activity where
noise is confined with the excavation equipment and support vehicular traffic. The noise emitted from
these equipment, however, will be minimum and within the ambient noise levels. The works will be
undertaken during the day time and hence effects to night time noise will not be associated with the
construction equipment.

    Mitigation Measures
    To mitigate excess noise during construction of the water supply infrastructures, the proponent
    will consider the following measures;

      Adhere to the Kenya Noise Prevention and Control rule passed in 1996 under legal notice No.
       296 as a subsidiary legislation to the Occupational Health and Safety Act (OSHA) of 2007
       which requires putting in place measures that will mitigate noise pollution.
      Consider especially the rule, which states that, “No worker shall be exposed to noise level in
       excess of the continuous equivalent of 90 dBA for more than 8 hours within any 24 hours
       duration”.
      Minimize noise at the site and in the surrounding areas through:
      Properly servicing and maintaining pumping to reduce noise generation; and
      Placing noisy equipment in sound proof rooms or in enclosures to minimize ambient noise
       levels,
      No works during the night to prevent disruption of the neighbouring community sleep

7.5.6   Hazardous Wastes

There are potential emissions of hazardous waste materials that may accidentally spill. These include
oil grease spills contaminating the soil and ground water. Others may include oil filters and other
engine parts that may arise from the workshop. The construction support offices may generate
hazardous materials including printer cartilages, computer parts, old phone sets, etc.

    Mitigation Measures
    The following mitigation measures should be adopted to limit the impact of hazardous
    substances on-site;
      Ensure that oil/grease spills and other oils and associated materials (filters, rags and cans)
        are immediately removed along with all contaminated material and disposed of at an waste
        disposal site;
      Ensure that contaminated materials including used/spilled oils/grease as well as other
        contaminated materials are stored in a banded area before being disposed off;
      Ensure that a suitable spill kit is available on site throughout construction period, to be applied
        to all contaminated areas that will absorb / breakdown the spills. The quantity of such materials
        shall be able to handle the total volume of the hydrocarbon stored on site; and



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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      Repairing and maintenance and greasing of vehicles and construction plants must be carried
       out off the site (petrol station or garage) to avoid fuels and lubricants spills at the project site
       and contamination of the water.

7.5.7   Solid Wastes

There will be some solid containers such as cement bags, bentonite residuals and cement bags and
other packets with materials and equipment to be used during implementation of the project.
However, during the construction phase, there no solid waste anticipated from the water supply
system (there is no treatment works component to the system).

    Mitigation Measures
    The following mitigation options can be adopted;

      Any remaining waste (paper or polythene containers, cement bags, bentonite, construction
       debris, etc. should be safely burned and/or disposed in designated waste disposal areas
       before the project is commissioned,
      Some of the drilled materials will be used in the borehole construction by back filling the
       annular space. All excavated material from the draining channel will be used to refill it.
      Construction crew to be encouraged to dump their personal wastes in designated covered
       dustbins

7.5.8   Vegetation Clearing, Soil Erosion and Sedimentation

Construction activities including pipelines, water kiosks, and caretaker’s office have the potential to
clear vegetation and, loosen soils particularly on slopes that can then be washed down into the lower
areas (streams and valleys) and soil quality degradation is also likely to occur during construction
because of disposal of construction materials on the adjacent lands. The project area was noted not
to have rich vegetation cover thus impact on them will be minimal.

    Mitigation Measures
     Excavated materials should be reused as much as possible in backfilling the trenches or for
        land filling activities. Those to be used later should be stored appropriately to protect against
        elements of weather such as storm water runoff.
     Excavation meant for disposal should be deposited in areas defined for their disposal so as
        to reduce risks of being washed away by elements of weather and spillover effects to
        neighbouring lands or water bodies;
     Project implementation plans should be developed such that section excavated are worked
        on and completed before moving to other areas;
     Proper channels for waste water drainage should be developed within the project site to
        reduce washing away of soils and other loose materials;
     Re-vegetation of exposed areas around the site should be carried out rapidly in order to
        mitigate against erosion of soil through surface water runoff and wind erosion; and
     Develop programs for enhancing vegetation cover the project area.


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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

7.5.9   Health and Safety Issues

Potential impacts during construction include exposure to physical hazards from the use of
equipment, slips and fall hazards, rock falls/slides in steep areas and exposure to dust and noise.
Other injuries or fatalities may result from workers operating equipment without adequate training or
with lack of personal protection equipment (PPE&C) or extended exposure to outdoor weather
resulting in heat-related lethargy. The public are also potential exposed to risks of safety from the
excavated trenches waiting pipe laying, access to the work areas by unauthorized members of public
and potential road safety risks from trucks and vehicles accessing the site.

    Mitigation Measures
    The following mitigation measures are recommended to control effects of health and safety:

      Ensure all equipments are inspected before use for appropriate safeguards and that the
       machine operators are trained on machine safety,
      Ensure the working hours are controlled and that employees are not allowed to extend the
       working hours beyond an acceptable limit for purposes of gaining extra pay,
      Ensure appropriate road safety signage are strategically placed and drivers adhere to the
       requirements of such signage,
      Erect speed breaks where human and vehicular traffic have high interaction opportunities;
      Provide adequate manual labor to meet the requirements of the tasks, and
      Each site staff or operative should be supplied with the following safety equipments for
       working at the landfill site overalls, heavy-duty boots, gloves goggles and dust masks and
       application of the same enforced.
      Appropriate signage and information on safety should be provided at all work points interaction
       with the public,
      Provide appropriate barriers along the excavated trenches. All construction sites shall be
       isolated from the public and their livestock. This will be done through temporary fencing
       and fixing appropriate safety signage and information. Involve the local people for enhanced
       ownership and management,
      Ensure that the works takes a short a period as possible. The contractor to ensure the minimal
       time on site (construction period) in order to reduce potential safety risks to the residents,
      Upon completion and commissioning of the works, public safety in regard to water quality will
       be important. Security to be ensured for the borehole and storage tanks. Involvement of the
       local community will be inevitable in this regard.

7.5.10 HIV/AIDS

The project will attract new people to the project area and this can lead to several repercussions
leading to the spread of the virus. Influx of new people to the project area especially construction
workers can affect the number of new cases of HIV, because they often interfere with an otherwise
stable situation but the contrary can also happen where the newcomers find themselves at higher
risk.



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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

    Mitigation Measures
     Programs should be developed and integrated into the project implementation for sensitizing
        the local community and project workers on HIV/AIDS and/or other sexually transmitted
        diseases (STDs).
     Review the construction activities to integrate with the HIV/AIDS campaigns;
     Develop appropriate training and awareness materials for Information, Education and
        Communication (IEC) on HIV/AIDS;
     Identify other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for
        enhanced collaboration;
     Develop an intervention strategy compatible with the construction programme to address
        success of the HIV/AIDS prevention and provide peer educators for sustainability in
        collaboration with other stakeholders; and
     Integrate monitoring of HIV/AIDS preventive activities as part of the construction supervision.
        Basic knowledge, attitude and practices are among the parameters to be monitored, and
        particularly on provision of condoms, status testing and use of ARVs

7.5.11 Potential Cultural Disruptions

There are no physical cultural and historical sites in direct interaction and/or conflict with the project.
However, the traditional lifestyles of the residents is notable as part of the diverse cultural spectrum
of Kenya.

       Mitigation measures
      The contractor should sensitize all staff on local cultures and discuss with local
       community on the same.
      The contractor should in liaison with traditional leaders and the National Museum of Kenya,
       develop and implement a chance find procedure in case archaeological sites are found during
       the construction process.

On the chance to find situations, the procedures below are to be followed;

    (i)      If the Contractor discovers archeological sites, historical sites, remains and objects,
             including graveyards and/or individual graves 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 in charge of managing cultural heritage
                  and related resources in the country (responsible ministry) take over;
              Notify the supervisory Project Environmental Officer and Project Engineer who in turn
                  will notify the responsible local authorities and the responsible ministry immediately
                  (within 24 hours or less)



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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

    (ii)     Responsible local authorities and the responsible ministry 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 assigned by the government. 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.
    (iii)    Decisions on how to handle the finding shall be taken by the responsible authorities and/or
             ministry. This could include changes in the layout (such as when finding irremovable
             remains of cultural or archeological importance) conservation, preservation, restoration
             and salvage.
    (iv)     Implementation for the authority decision concerning the management of the finding shall
             be communicated in writing by relevant local authorities.
    (v)      Construction work may resume only after permission is given from the responsible local
             authorities or the responsible ministry concerning safeguard of the heritage.

7.5.12 Operations and Maintenance

    (i)      There are potential water losses through burst pipes and leakages and if left unchecked
             will lead to massive water losses (and so revenue) as well as potential for soil loss.
    (ii)     Water quality management, especially Fluoride levels in the borehole water, need to
             constant monitoring during the operations.
    (iii)    The cost of the operations for the water supply system will be pegged on the pumping
             costs. Challenges on the appropriate maintenance of the pumping system would be a
             major factor in operations

    Mitigation Measures
     The sub-county water office should ensure that pipeline connections and joints are regularly
        checked.
     Regular monitoring of fluoride levels to ascertain it is within the required levels. If required the
        users may require to be guided on the management of the fluoride levels by dilution.
     The community water committee should be trained on water quality management as well as
        basics of the system management

7.5.13 Land Acquisition

There are no anticipated displacements of people or settlements by of the project components
(implying that all current population will fully enjoy the benefits). However, limited land-take will be
affected for the following;

    (i)      The borehole site is located on Obambo Valley on a private land. The land owner has,
             consented to this arrangement for the borehole that will then be fenced out for purposes
             of the pump-house and on-site tank.
    (ii)     The pipeline way-leave from the borehole to the distribution tank as well as the tank
             locations will be confined to a section of public road. Where the way-leave encroaches

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             private land, specific landowners agreed to contribute the way-leave for public good.
             Consent forms are annexed to this report for reference,
    (iii)    There is potential for the PAPs to be incited for personal interests as opposed to the
             good of the Community. In this regard, adequate sensitization and awareness was
             recommended to the stakeholders.

    Mitigation Measures
     Complete the Resettlement Action Plan (RAP) such as to address the limited land take issues.
        It is noted that Landowners voluntarily agreed to donate affected sections of their land for the
        common good of the community. This is illustrated by the signed consent forms annexed to
        this report
     Prepare a clear and workable Complaint Redress Mechanism to provide a tool for
        dissatisfactions arising from the implementation of the RAP process,
     The PAPs shall be engaged to release the affected land parcels for the benefit of the common
        public.




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

Chapter 8:          Environment Management Plan

8.1           Management Plan Principles

The Environmental Management Plan (EMP) involves the protection, conservation and sustainable
use of the various elements of the environment. The EMP for the proposed project provides all the
details of its activities, impacts, mitigation measures and expected costs during implementation and
decommissioning phases of the project. The potential negative impacts of this project on the
environment are few and with proper environmental management procedures in place and adhered
to there should be minimal negative impact of concern emanating from it.

The project is geared towards enhancing social and economic benefits through sustainable water
supply. Development of the proposed Water Supply Project would be expected to comply with the
environmental conservation requirements in accordance with the established Kenyan laws and
regulations. To realize these goals, acceptability by a majority of the beneficiaries and stakeholders
as well as ensuring minimal effects to the physical environment will require to be ensured through
participation in the project and continuous consultations, evaluations and review of the design aspects
throughout project implementation cycles.

 It is also recommended that the environmental management guiding principles specific to this project
improvement and water resources management be established to allow integration of environmental
management considerations during construction and operations. Among the factors that need to be
considered in this particular project implementation will include;

      (i)        The design of the water supply system should be ensure low maintenance costs for
                 sustainability,
      (ii)       Control of soil erosion and siltation of water sources (rivers and streams), incorporation of
                 project components sustainability and operational provisions and the associated
                 components,
      (iii)      Enhancing integration of environmental, social and economic functions in the project
                 implementation,
      (iv)       The contractors and other players in the project activities be prevailed upon to
                 implement the EMP through a sustained supervision and continuous consultations
      (v)        Involvement of the community in the project implementation to enhance ownership and
                 capacity building for long term operations of the facility,
      (vi)       Compensation of any land or property that may be affected by the project in accordance
                 to the laid down regulations and/or agreements with the affected sections of the
                 community,
      (vii)      Consult with the beneficiary community and inputs from LVSWSB on determining
                 sustainable tariffs to ensure revenues for maintenance and also instill a sense of value for
                 water to the beneficiaries.




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

8.2           Management Responsibilities

In order to implement the management plan, it is recommended that an expert be identified to oversee
the environmental and social management aspects including the water source conservation, soil
erosion control, re-vegetation whenever appropriate, water conservation and equity in distribution,
enhanced sanitation and hygiene measures throughout project area to match the water supply
initiative. The expert would also be required to coordinate and monitor environmental management
activities during construction and post-monitoring audits. Other recommended participants include;

      (i)        Lake Victoria South Water Service Board will be responsible for coordination of all the
                 activities and liaisons, particularly the quality control of the works and social issues.
      (ii)       Community Project Management Committee will have the responsibility to enforce water
                 quality monitoring and efficient maintenance systems, procedures to minimize
                 interruptions to water supply and ensure accessibility by all consumers. In this regard
                 appropriate capacity building and skills will be necessary,
      (iii)      National Environmental Management authority (NEMA) and the Water Resources
                 Management Authority (WRMA) through the County Directors offices shall be responsible
                 of surveillance of environmental and social aspects of the project implementation,
      (iv)       The County Government of Homa Bay (the County Executive in-charge of Water and
                 Environment) and the Homa Bay Sub-county Water Office;
      (v)        The Contractor;
      (vi)       The Supervision Consultant;
      (vii)      The local administration,

8.3           Environmental Management Guidelines

The guidelines will include among other areas environmental management programs, standard
operation procedures, compliance monitoring schedules and environmental audit schedules as
required by the law. Social harmony of the intake, treatment works, storage tanks and associated
component will be achieved through the collaborations with the stakeholders or community
management committees introduced at various water consumption points. Specifically, the following
will promote efficiency;

      (i)        Ensure environmental conservation and sustenance to ensure a balanced approach
                 between the development and the ecosystem.
      (ii)       Ensure and enhance safety within the development both within the construction and
                 operation phases.
      (iii)      Promoting environmental ethics within concerned parties and users

8.4           Environmental Education and Awareness Raising

Components of environmental training should also be incorporated in the water management
committee meetings. The training should include among others: keeping a clean environment on site
and their respective homes, importance of tree planting, and dust and noise effects and control. This
training and awareness creation on environmental matters should also extend to neighboring schools

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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

in simple forms like participating in classes and sponsoring environment related competitions. The
committee can also organize environmental displays and exhibits for local communities, to raise their
awareness and level of commitment.

Lake Victoria South Water Service Board and the water supply beneficiaries need to understand the
basic environmental, water use sanitation and hygiene principles. In this regard therefore the following
steps may be considered;

      (i)        Creation of liaisons on all matters related to environment, health and safety,
      (ii)       Encourage contribution of improvement ideas on specific issues related to the
                 management of the facilities,
      (iii)      Establish initiatives that would instill a sense of ownership of the facilities and related
                 components to all beneficiaries,

The contractor will also be expected to incorporate HIV/AIDS programs during construction phase.
Awareness, prevention and training on HIV/AIDS and other social diseases is important during project
construction and operation phase. The awareness creation should be improved through putting up of
banners, posters and training should be facilitated within the project area to the construction workers
and the community.

8.5           Decommissioning Process

This involves demolition of the borehole and its associated components and its abandonment after a
certain period. There are varied reasons for the abandonment of a borehole; these include inadequate
water or drying up of the aquifer due to activities uphill, poor water quality, defective construction and
legal implications. During the abandonment period, a lot of caution needs to be observed so that the
materials can be reused on another project and to avoid contamination of the remaining water in the
aquifer. Effective abandonment of a borehole depends on knowledge of the construction carried out
at the source, geology and hydrogeology of the area. The importance of a full characterization
increases as the complexity of the borehole yield, site geology and the risk of aquifer contamination.

Proper records should be maintained during project implementation and later filed with the Water
Resources Management Authority (WRMA) as required. Water level and any obstruction around the
vicinity of the project need to be identified. Obstructions such as pumps, pipes, wiring must be pulled
out and be used in alternative project. Scrap metal such as Iron sheets can be sold to metal scrap for
safe disposal.

8.6           Environmental and Social Management Actions Matrix

The matrix below illustrates specific actions to be undertaken during the project implementation by
specific responsibilities and focus areas

.



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                                                                                             ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

   Table 5:        EMP Matrix

      Issues            Activity and Associated                        Management Actions                           Target Areas and            Timeframes and
                                 Impacts                                                                            Responsibilities            Costs Estimates
Preparatory             Social conflicts generated       Give prior notification to the community
Activities                from            inadequate       and leaders on expected disruptive
                          understanding of project         activities related to the project, e.g.
                        Possible intrusion to the
                                                           temporary disruptions of access roads.
                         local residents privacy                                                                                              Planning Period
                                                          Involvement of Administration Office in the              Tank Locations
                         blamed on the project
                                                           project (the Assistance of County                        Locations         for
                         personnel alien to the
                                                           Commissioners and Chiefs)                                 water kiosks and         No direct costs
                         community
                                                          Limit construction works today-time only to               cattle troughs.          anticipated
                        Possible immigration into                                                                  Proposed       water
                                                           minimize social conflicts,
                         the project area by                                                                         transmission             Allow KShs.
                         construction workforce                                                                      pipeline corridors       600,000 to manage
                        Limited loss of vegetation       Ensure vegetation restoration to counter                 General       project    through
                         and ground cover due to           the limited loss during the sites preparation             site corridor            environmental and
                                                                                                                                              social issues
                         project site clearances          Endure minimal disturbance of vegetation                                           generated by
                        Delivery of construction          during materials sourcing and delivery,                LVSWSB,                     mobilization and
                         materials to the work            To the extent possible utilize existing                Homa Bay        County      demobilization of
                         areas leading to limited          material sources and transit routes                    Government                  contractor.
                         soil erosion, dust and
                         road obstructions
                        Potential risk to safety of      Ensure adequate provision of the personal
                         the workers generated by          protective equipment,
                         inception works and site         Ensure regular maintenance of contractors
                         preparations                      machineries and vehicles,
                        Risk to safety of the            Provide adequate signage and reflective
                         residents                         tapes for restricted zones
Construction            Destruction of Physical          Develop soil erosion management                         Tanks Locations           During Construction
                        Environment, removal of           measures such as limit the circulation of               Transmission              period
                         vegetation                        heavy machinery to minimal areas                         Corridors
                        Soil erosion and                 Plan work in sections to avoid opening up               Water Kiosks
                         compaction                        areas not earmarked for development                      Locations                 Allow
                        Increased river sediments        Minimize clearance of existing natural                                             ~KShs. 300,000.00
                                                           vegetation at the at the site                          Contractor                  for rehabilitation

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                                                                                          ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

   Issues             Activity and Associated                       Management Actions                          Target Areas and             Timeframes and
                               Impacts                                                                           Responsibilities            Costs Estimates
                                                       Re-establishing vegetation in whole or part            Supervision
                                                        of the disturbed areas through                         Consultant/LVSWSB
                                                        implementation of a well-designed
                                                        landscaping programme
                     Waste Generation                 Source durable project materials from local                                        During Construction
                      Management                        suppliers who use environmentally friendly              Pipeline corridor         period
                     Degradation of air quality        processes in their operations                           Tank locations
                                                                                                                Water Kiosks              Allow
                      and ambient noise due to         Construction to be carried out during dry
                                                                                                                                           ~KShs. 150,000.00
                      excavations operations            seasons to the extent possible,                          locations
                                                                                                                                           for            waste
                     Potential soil erosion and       Sprinkle water on the excavated sections to                                        management        and
                      siltation to downstream           abate dust emissions,                                   Supervision               pollution control
                      water,                           Practice soil control measures                           Consultant,
                     Oil spills from contractors      Ensure all machines are in good working                 LVSWSB
                      machinery                         condition for emissions control                         Contractor
                                                       Complying with work place             legal             Project Committee
                                                        requirements of competent work force
                    Demand of raw material             Ensure accurate material estimation for                 Construction of           During construction
                                                        construction works to minimize potential                 tanks,
                                                        wastes                                                  Water kiosks and
                                                                                                                                           No direct costs
                                                       Conduct appropriate storage of material to              The pump house
                                                        reduce being affected by weather elements
                                                        such as water runoff, wind among others                Contractor
                                                       Construction materials should be obtained              Supervision
                                                                                                               Consultant
                                                        only from sources approved by NEMA
                    Social and Economic                Provide employment opportunities and
                    Aspects                             ensure optimization of the local labour (at            Whole project               During construction
                     Economic deterioration            least 60%),
                      from project activities                                                                   Contractor
                                                       Recruitment of casual workers be
                     Loss of land or property                                                                  Supervision               No direct costs
                                                        undertaken in conjunction with the County
                     Loss of cultural heritage         Commissioners Office (Area Chiefs),
                                                                                                                 Consultant
                      and related values               Gender balance be observed as per the                   Project Committee
                     Destruction of private            Constitution,
                      property including farm          Avoid damages to property as much as
                                                        possible,

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   Issues             Activity and Associated                       Management Actions                           Target Areas and         Timeframes and
                               Impacts                                                                           Responsibilities         Costs Estimates
                       produce and other             Where private damages are from the works
                       investments                     inevitable, involve the client to clear right of
                                                       way but ensure prompt compensation of
                                                       damages to property.
                    Concerns – Spread of HIV        Institute HIV/AIDS awareness and prevention Whole project                           During construction
                    and STIs                        campaign amongst workers for the duration of
                                                    the contract e.g. erect and maintain HIV/AIDS  Contractor                          Allow KShs. 1M on
                                                    information posters at strategic locations           Supervision                   HIV/AIDS
                                                                                                          Consultant                    Awareness and
                                                                                                                                        Prevention
                                                                                                         Project Committee
                    Occupation/public Health &       Provide PPE to workers, risk warning signs Whole project
                    Safety concerns;                   in sensitive project sites and train them on                                     During construction
                                                       first aid, disaster management procedures  Contractor
                     Public safety risks
                                                     Enhance close surveillance by the  Supervision
                     Concerns Injuries and                                                               Consultant                    Allow KShs.
                                                       community, especially those living near the                                      200,000 for
                       accidents to workers            system main tanks.                                Project Committee
                                                                                                                                        sanitation
                     Potential injuries to the
                                                     Sensitize the communities on safety issues                                        provisions
                        operators and visitors,
                     External             security    associated with the water storage tanks
                        concerns                     Provide sanitation facilities for the
                                                       construction workers.
                     Water degradation,             Observe the Water Act 2002 and water
                       reduced water quality           rights,
                     Spillage of oils from          Observe the limits set by WRMA on water
                                                                                                                                        Throughout
                       construction vehicles,          abstracting license (80% of the tested
                                                                                                        Whole system                    Construction
                       machines and equipment          yield),
                       into surface and ground       Encourage rain water harvesting by                 Resident
                       water                           developing programmes to provide                  Contractor                    No additional Costs
                                                       resources,                                                                       –    integrated  in
                                                                                                         Local Community,
                                                     Conduct continuous maintenance of                                                 project costs
                                                       machines, equipment and vehicles to
                                                       mitigate on oil spillage
                    Sanitation and hygiene           Conduct water quality monitoring
                    provisions for construction      Avoid washing vehicles and equipment
                    workers                            near the borehole site

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                                                                                             ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      Issues             Activity and Associated                       Management Actions                           Target Areas and         Timeframes and
                                  Impacts                                                                           Responsibilities         Costs Estimates
                                                          Provide project workers with appropriate
                                                           sanitary facilities
Operation               Accidental         pipeline      The sub-county water office should ensure              Entire System
                         leakage / bursting                that pipeline connections and joints are
                        Water contamination               regularly checked.                                      Project
                                                          Continuous awareness on project objective                Management
                                                           and     developing     capacity       building           Committee
                                                                                                                                           Continuous
                                                           programmes                                              LVSWSB
                                                          Regular testing of water to ascertain its                                       Allow
                                                           quality                                                                         ~KShs. 75,000.00
                        Potential    contamination       Ensure regular water quality monitoring                Entire System            per    year   on
                         from            construction      and maintenance of the water supply                                             maintenance
                         activities,                       system,                                                 Project
                        Risks from water borne           Influence the land-use activities in the                 Management
                         diseases and vectors              catchment areas,                                         Committee
                         thrive,                          Creation of awareness on water resource                 LVSWSB
                        Potential water pollution         management and conservation,
                         from the water source and
                         transmission         pipeline
                         corridors.
                        Introduction      of     new     Sensitization on water resource                        Water user coverage      Continuous
                         economic activities in the        management and conservation                            areas
                         service area,                    Local communities should also participate                                       Allow
                                                                                                                                           ~KSh. 75,000.00
                        Potential illegal water           in water resource management and                        Project
                                                                                                                                           per year for
                         connections,                      planning                                                 Management             sensitization and
                        Potential vandalism of           Impose heavy penalties on illegal water                  Committee              awareness
                         water              pipelines      connection and vandalism                                LVSWSB
                         infrastructure,
                        Potential wastage of water
                         and leakages at consumer
                         points
                        Potential non-compliance         Comply with the provisions of the Water                Water user coverage
                         with water abstraction            Resources Management Authority,                        areas                    Continuous
                         regulations,

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                                                                                             ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

      Issues            Activity and Associated                     Management Actions                             Target Areas and          Timeframes and
                                 Impacts                                                                            Responsibilities         Costs Estimates
                        Water use linkages among  Organize communities for effective and                         Project                 No direct costs
                         the              beneficiary     sustainable utilization of natural resources              Management
                         communities                      associated with the water supply system,                  Committee
                                                        Establish a specific monitoring system for                LVSWSB
                                                          the water supply scheme.
Post construction       Removal of construction       Rehabilitate     the affected locations to the
                         sites (stores, toilets, waste satisfaction  of  NEMA and other stakeholders.              Project                 Rehabilitation costs
                         dumps, etc.),                                                                              Management              allow KShs.
                                                                                                                                            800,000 for
                        Removal of construction                                                                    Committee
                                                                                                                                            damaged sites
                         residual material holding                                                                 LVSWSB                  rehabilitation
                         sites,
                        Disposal effects of wastes
                         and construction debris
Decommissioning         Remove part of all of the  The contractor to prepare a                                   Project site and        Costs to be worked
                         water       intake       and     decommissioning plan of all construction                  system                  out at the
                         sedimentation tank               installations and associated sited at least 3                                     decommissioning
                                                                                                                                            time
                        Removal of part or all of        months prior to end of construction.                     LVSWSB
                         the water treatment plants  Notify NEMA at least one year before the                     Environmental
                        Removal          of       the    intention to decommission                                 experts
                         transmission                   Undertake a decommissioning audit at least                Water
                                                          six months before the activity and provide a              management
                                                          decommissioning plan,                                     committee
                                                        Undertake the decommissioning following                   NEMA
                                                          the decommissioning plan and under
                                                          supervision by NEMA

   The cost of EMP implementation is estimated at KShs. 3,200,000.00




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                                                   ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

  8.7       Environment Monitoring Plan

  The Environmental Monitoring Plan (EMoP) is established to mitigate the identified negative impacts
  in the ESIA that are significantly adverse and/or the probability of the predicted impact is uncertain
  due to technical limitations. For this project, focus is on the key adverse impact items alongside the
  implementation budget listed in the table below;

  Table 6:            Environment Monitoring Plan

  Indicators            Monitoring Actions                Target Area          Responsibility      Frequency               Budget
                                                                                                                          (KShs.)
Land                 Verifying availability of the Borehole Sites                               Once before            No costs are
Acquisition          land for the project as        (already drilled)                            the                    anticipated
Aspects              promised by the               Water              LVSWSB                    construction
                     beneficiary communities        transmission                                 works begins
                                                    Pipelines
                                                   Water Storage
                                                    Tanks
                                                   Water Kiosks
Contractors          Confirm appropriateness      The         areas LVSWSB                       Upon                   Allow KShs.
works plan and       of construction work plan    selected         for Supervising               commenceme             200,000.00
camp setting         and suitability of camp      construction         Consultant                nt and monthly         for
                     settings                     camps                                          thereafter             supervision
Health and            Monitor      occupational Along water
Safety                 health and safety audits transmission            Contractor
                       of    the     construction pipeline channels  Supervision
                       workers                                          LVSWSB                  Continuous             Allow KShs.
                      Undertake safety audits                                                                          200,0000.00
                       for the linkages of the
                       public, especially the
                       children and the aged.
Water                Ensuring water                                                              Continuous
Abstraction or       abstraction is measured                            LVSWSB                  monitoring
Water Rights         by a water meter.                                                                                  Allow KShs.
Hydro-               Undertake annual                                   WRMA                    Borehole yield         150,000.00
geological           verification of borehole     Borehole Site                                  verification
Situation            yield                                              Borehole                annually
Losses at the        Ensure all user points are                          Management
water user           installed with water                                Committee
points               meters for monitoring
Water Quality        Water quality of borehole    Direct from           LVSWSB                  Before
                     to be assessed for pH,       borehole              WRMA                    construction           KShs.
                     SS, E. Coli, TN and TP.      Storage tanks         Borehole                and after the          150,000.00
                                                  User point taps        Management              works
                                                                         Committee
Potential                                          Accessibility to                                                    Allow KShs.
conflicts on         Convenience of people at       residents at the                                                    150,000.00
                     source                         source              LVSWSB                  Continuous

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  Indicators           Monitoring Actions                Target Area          Responsibility      Frequency               Budget
                                                                                                                          (KShs.)
water                                                  Accessibility      WRMA
accessibility       User satisfaction surveys           from          the
                                                        improved water
                                                        supply system



  Total cost of Environmental Monitoring Plan translates to KShs. 850,000.00




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Chapter 9:          Conclusions and Recommendations

9.1           Conclusions

      (i)        The proponent intends to supply clean and safe water to the community to mitigate the
                 effect s of draught. Ground water exploitation in the area is low due to high costs and
                 depths. It is, however, considered clean and free of contamination hence meeting the
                 expectations of the communities.
      (ii)       There is a general acceptability of the project by the local community arising from the long
                 term challenges they have faced on accessing clean water. From this EIA process, the
                 social and economic rating of this project is highly positive.
      (iii)      The location of the borehole and the water supply accessories falls on public and private
                 lands and appropriate consent letters signed.
      (iv)       The project is low level and has limited rural coverage. In addition, the ESIA reveals that
                 this project does not have adverse negative environmental impacts and for the impacts
                 identified, adequate mitigation measures have been spelt out in the EMP.

9.2           Recommendations

      (i)        From the detailed environmental and socio-economic analysis the proposed project, the
                 experts are of the opinion that this is a viable project, and hence recommends that NEMA
                 approves it and issues an EIA license.
      (ii)       It is further recommended that the Proponent and Contractors implement the
                 recommendations in the environmental management plan and those in the health, safety
                 and accident prevention action plan. This is to ensure that the potentially affected
                 environment is well managed and that accidents are prevented in the course of project
                 implementation. The Proponent is expected to comply with the relevant legal and policy
                 requirements with regard to project implementation.
      (iii)      Abstraction of water from the borehole should be within the allowable conditions of the
                 WRMA permits,
      (iv)       With the necessary environmental management in place, it is safe to say that the project
                 is economically feasible, environmentally sound, and socially acceptable. The design of
                 the project is sound from the environmental and economic point of view and should be
                 implemented. Recommendations for the prevention and mitigation of adverse impacts are
                 as follows: -
                    Implementation of the project should await the finalization of the EIA process and
                     issuance of an EIA license
                    Any unforeseen environmental impacts should be reported to the environmental
                     experts and NEMA as soon as possible for prompt remedial action
                    The borehole water to be tested regularly to ascertain quality




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                                                 ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)

References

1.        Kenya Gazette Supplement Acts 2000, Environmental Management and Coordination Act
          Number 8 of 1999. Government Printer, Nairobi
2.        Kenya gazette supplement number 56. Environmental Impact Assessment and Audit
          Regulations 2003. Government printer, Nairobi
3.        Kenya gazette supplement number Environmental Management and Coordination
          (Emissions Control) Regulations, 2006 Government printer, Nairobi
4.        Kenya gazette supplement Environmental Management and Coordination (Water Quality)
          Regulations, 2006
5.        Kenya gazette supplement Environmental Management and Coordination (Waste
          Management) Regulations, 2006
6.        Kenya gazette supplement Environmental Management and Coordination (Excessive Noise
          and Vibration Control) Regulations, 2009
7.        Kenya gazette supplement, Special Issue 51, Legal Notice number 19; Environmental
          Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore
          Management ) Regulations, 2009 Government printer, Nairobi
8.        Kenya Gazette Supplement Acts Building Code 2000 Government Printer, Nairobi
9.        Kenya Gazette Supplement Acts Land Planning Act (Cap. 303) Government Printer, Nairobi
10.       Kenya Gazette Supplement Acts Local Authority Act (Cap. 265) Government Printer
11.       Kenya Gazette Supplement Acts Penal Code Act (Cap. 63) Government Printer, Nairobi
12.       Kenya Gazette Supplement Acts Physical Planning Act, 1999 Government printer, Nairobi
13.       Kenya Gazette supplement Acts Public Health Act (Cap. 242) government printer, Nairobi




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Annexes




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Annex 1:          Terms of Reference




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                                                 Terms of Reference Principles

INTRODUCTION

The Government of Kenya (GoK) has received credit from the World Bank through the International
Development Association (IDA) towards the cost of Water and Sanitation Improvement Project Additional
Financing (WaSSIP-AF). The Additional Financing includes a drought mitigation and response component that
will include preparation of detailed medium-term drought response and mitigation strategies in Lake Victoria
North, Lake Victoria South and Rift Valley Water Service Boards. The LVNWSB, as the WaSSIP Project
Implementing Board, will assist Rift Valley Water Services Board (RVWSB) and Lake Victoria South Water
Services Board (LVSWSB) to implement the drought response measures. In that respect, LVNWSB will procure
services, goods and works on behalf of RVWSB and LVSWSB. Among the projects to be implemented under
the drought mitigation component is the drilling of 10 boreholes and construction of related civil works or water
supply infrastructure in the area of jurisdiction of LVSWSB.

GUIDING PRINCIPLES

The guiding principle for the preparation, implementation and monitoring and evaluating resettlement action
plan are:

The Constitution of Kenya (2010)

The Constitution of Kenya (2010) has dedicated Chapter 5 on issues of land and the environment. Article 60 of
this constitution requires that land be used and managed in a manner that is equitable, efficient, productive and
sustainable and in accordance with the following principles:

    (i)      Equitable distribution of land
    (ii)     Security of land rights
    (iii)    Sustainable and productive management of land resources
    (iv)     Transparent and cost effective administration of land
    (v)      Sound conservation and protection of ecologically sensitive area.

Article 42 of this constitution provides right to clean and healthy environment which includes the right to have
the environment protected for the benefit of present and future generations by legislative and other measures.
Article 70 of this constitution provides that if a person alleges that a right to clean and healthy environment has
been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court of law
for redress. All projects are required to ensure the following:

    (i)      Equitable sharing of resources between the stakeholders.
    (ii)     Sustainability of livelihoods and biological resources areas are protected.
    (iii)    Development proposals should recognize increased powers under the constitution given to
             communities and individuals to enforce their rights through legal redress.

WaSSIP AF Environment and Social Management Framework - ESMF

An Environment and Social Management Framework – (WaSSIP –AF ESMF) has been prepared for the
WaSSIP Additional Financing and is complemented by two other safeguards instruments: Environmental
Assessments (EAs) accompanied by Environmental Management Plans (EMPs) for each subproject identified
under WaSSIP AF. This framework has been prepared in accordance to World Bank operational policy OP
4.01 (Environmental Assessment) requiring borrowers to prepare an Environment and Social Management
Framework (ESMF), which establishes a mechanism to determine and assess future potential environmental
and social impacts of the planned investments/activities under the proposed WaSSIP AF.A Resettlement Policy
Framework (RPF) has also been prepared that provides standards and procedures for compensation for any
land acquisition, assets, or restriction of access to resources that WaSSIP AF investment may require, in
accordance with World Bank OP 4.12 – Involuntary Resettlement. An Indigenous People Policy Framework

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(IPPF) has also been prepared in regard to the potential impacts the WaSSIP AF may have on the Sengwer
community (LVNWSB area) who are categorized as indigenous.

The Environmental Impact Assessment (EIA) in Kenya is guided by the Environmental and coordination Act,
1999 which requires that an environment impact assessment report or study shall be prepared through in
accordance with the environmental impact assessment regulations issued under this act by an individual Lead
Experts or firm of experts and submitted to National Environmental Management Authority (NEMA) for approval.

OBJECTIVE OF THE ASSIGNMENT

The main objectives of the study are:-

    (i) To prepare an Environmental and Social Impact Assessment (ESIA) documenting the present condition
         of the environment (bio-physical and socio-economic) and identifying the positive and negative impacts
         that may result from the design and construction of the project and in so doing, to address the necessary
         environmental mitigation and monitoring measures in an Environmental and Social Management Plan
         (ESMP).
    (ii) To Prepare a Resettlement Action Plan as a separate document, that will record cases of impacts on
         persons, loss of assets, loss of sources of livelihood and interruption of social networks for the proposed
         Project.

World Bank Operational Policy (OP) 4.01 on Environmental Assessment and OP 4.12 on Involuntary
Resettlement require that an Environmental and Social Impact Assessment and Resettlement Action Plan be
undertaken for projects of such nature.

The objective of OP 4.01 is to ensure that Bank-financed projects are environmentally and socially sound and
sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely
environmental and social impacts. This policy is triggered if a project is likely to have potential (adverse)
environmental risks and impacts on its area of influence. It covers impacts on the natural environment (air,
water and land); human health and safety; physical cultural resources; and trans-boundary and global
environment concerns. The World Bank Operational Policy OP 4.12 on involuntary resettlement envisages that:

    (i)      Involuntary resettlement should where possible be avoided or where it is not possible be minimized
             by exploring alternative project designs.
    (ii)     Where avoiding resettlement is not feasible, resettlement activities should be conceived and
             implemented as sustainable development programmes providing sufficient investment resources
             to enable persons displaced by the project to share project benefits and to be consulted
             meaningfully and to be provided with opportunities to participate in planning and implementing
             resettlement programs.
    (iii)    To assist displaced persons in their efforts to improve their livelihoods and living standards to at
             least equal or better levels before the project implementation.


STAGE I: ESIA STUDY REQUIREMENTS

The ESIA study requirements will include but not limited to the following;

    (i)      Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts
             to acceptable levels and enhance positive impacts.
    (ii)     Estimate the impacts and costs of those measures, and of the institutional and training
             requirements to implement them.
    (iii)    Prepare an Environmental and Social Framework Management Plan (ESFMP) including proposed
             work programs, budget estimates, schedules, staffing and training requirements, and other
             necessary support services to implement the mitigating measures.
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        (iv)       Explain how the project would comply with NEMA requirements according to EMCA (1999),
                   including consultation.
        (v)        Prepare Contractor’s commitment on Environmental policy during project implementation.
                   Organize and undertake stakeholder consultation for the project.

The ESIA report should be organized according to the outline below:

(i)            Executive summary
               Concisely discusses significant findings and recommended actions.

(ii)           Policy, legal, and administrative framework
                Discusses the policy, legal, and administrative framework within which the ESIA is carried out.
                Explains the environmental and social requirements of any co-financiers.
                Identifies relevant international environmental and social agreements to which the country is a
                   party.

(iii)          Project description
                Concisely describes the proposed project and its geographic, ecological, social, and temporal
                   context, including any offsite investments that may be required
                Indicates the need for any resettlement plan.
                Includes a map showing the project site and the project's area of influence.
(iv)           Baseline data
                Assesses the dimensions of the study area and describes relevant physical, biological, and
                   socioeconomic conditions, including any changes anticipated before the project commences.
                Takes into account current and proposed development activities within the project area but not
                   directly connected to the project.
                Data should be relevant to decisions about project location, design, operation, or mitigatory
                   measures.
                The section indicates the accuracy, reliability, and sources of the data.
(v)            Environmental and Social Impacts.
                Predicts and assesses the project's likely positive and negative impacts, in quantitative terms to
                   the extent possible.
                Identifies mitigation measures and any residual negative impacts that cannot be mitigated.
                Explores opportunities for environmental and social enhancement.
                Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties
                   associated with predictions, and specifies topics that do not require further attention.
(vi)           Analysis of alternatives
                Systematically compares feasible alternatives to the proposed project site, technology, design, and
                   operation—including the “without project” situation—in terms of:-
                     Their potential environmental and Social impacts
                     The feasibility of mitigating these impacts
                     Their capital and recurrent costs
                     Their suitability under local conditions
                     Their institutional, training, and monitoring requirements.
                For each of the alternatives, quantifies the environmental and social impacts to the extent possible,
                   and attaches economic values where feasible.
                States the basis for selecting the particular project design proposed and justifies recommended
                   emission levels and approaches to pollution prevention and abatement.
(vii)          Environmental and Social Management Plan
                Environmental and social management plan (ESFMP) covers mitigation measures, implementation
                schedule, monitoring, institutional strengthening, and cost estimates. Content of the ESFMP should
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             include but not limited to the following elements:

            A Project Schedule comprising of:
                A chronogram of all project activities, including capacity-building activities;
                Monitoring and evaluation; and
                Supervision of implementation of the ESFMP
            Project Operation that describes how the project would be operated emphasizing, as needed:
                Overall project operation;
                Environmental and/or social training that will be given to operators (if needed);
                Noise levels that may be expected during operation;
                Management of solid wastes (boxes, plastics, tires, pipes, etc.) and liquids (spent oils, paints
                    and solvents, wastewater);
                Sources of water for human consumption and project operations;
                Types and volumes of materials that will be used during project operation, along with
                    information describing where the materials will be obtained (e.g. borrow pits, river extraction;
                    origins and species of timber used)
                How the materials will be transported to the project site, and proposed sites for construction
                    waste disposal (earth cuts, construction waste);
(viii)     Monitoring Plan
            Prepare a detailed plan to monitor the implementation of mitigating measures and the impacts of
              the project during construction and operation.
            The plan includes an estimate of capital and operating costs and a description of other inputs (such
              as training and institutional strengthening) needed to carry it out.
            The plan includes a description of baseline environmental and social conditions to enable long-
              term assessment of project impacts.
(ix)       Appendices
            The ESIA should contain the following indices:
                List of ESA report preparers—individuals and organizations
                References
                Record of inter-agency and consultation meetings, including consultations for obtaining the
                   informed views of affected people and local non-governmental organizations (NGOs)
                Specifies any means other than consultations (e.g., surveys) that were used to obtain the views
                   of affected groups and local NGOs and includes attendance lists and minutes of meetings,
                   including responses to stakeholder questions.
                Tables presenting the relevant data referred to or summarized in the main text.
                List of associated reports

       The consultant will also provide assistance to LVNWSB in submission of findings to NEMA and subsequent
       discussions with NEMA and other agencies as required during their assessment procedures, and follow up
       for clearance and issuance of construction license.
       The Consultant should include in his cost budget for arranging and conducting stakeholders meeting and
       putting advertisements in the local dailies as required by NEMA.

STAGE II: RAP PROCESS STUDY REQUIREMENTS

The RAP study shall include but not limited to the following;

Carry out a Census

The consultant will conduct a census to identify the persons who will be affected by the implementation of these
projects. The consultant will determine who will be eligible for assistance and discourage inflow of people
ineligible for assistance.
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Verification documents

The consultant, at his cost, will obtain the relevant Registry Index Maps (RIMs) and official Land searches from
the relevant Lands Registry to determine the registered owners of land.

Social Economic census

The Consultant will carry out a social economic census of the PAPs to establish details of the occupants of land
and asset to be affected by the projects. The details should include:

    (i)      Details of land/asset owners.
    (ii)     Whether the PAPs are Eligible for compensation.
    (iii)    Baseline livelihood information.
    (iv)     Household organization including income from formal and informal sources.
    (v)      Employment opportunities.
    (vi)     Socio-economic facilities such as Health status, Markets, education and Government offices.
    (vii)    Living standards.
    (viii)   Land tenure system.
    (ix)     Social and cultural characteristics of impacted communities.
    (x)      Patterns of social interaction, social networks and support systems and how implementation of
             these projects would impact these patterns.
    (xi)     Information on vulnerable persons who may need special provisions including the elderly, disabled,
             sick, orphans and children and women led households.
    (xii)    Presence of Indigenous and Marginalized communities affected by the project.
    (xiii)   Public infrastructure and social services to be affected by implementation of these projects.
    (xiv)    Magnitude of expected loss for impacted people(s).

Communication/consultation plan with PAPs

The Consultant in consultation with PAPs and other stakeholders shall prepare a communication/consultation
plan with the PAPs and other stakeholders. This plan shall be approved by the PAPs.

Grievance Redress Mechanisms

The Consultant in consultation with PAPs and other stakeholders shall prepare a grievance redress mechanism
to be used to resolve disputes arising from the implementation of the RAP and the project. This plan shall be
approved by the PAPs

Cut-off date

The Consultant will negotiate with PAPs and other stakeholders to fix the cut-off date for valuation of assets
and land. This date will be communicated to the PAPs in prominent places.

Criteria for eligibility for compensation

The consultant will prepare criteria for eligibility for compensation of affected land and assets. The criteria shall
be communicated to the PAPs. The criteria shall be based on the World Bank Policy on Involuntary
Resettlement resulting from Involuntary taking of land leading in:

    (i)      Relocation or loss of shelter, loss of assets or loss of access to assets.
    (ii)      Loss of income sources or means of livelihood whether or not the affected persons must move to
             another location.


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    (iii)     Involuntary restriction of access to legally designated parks and protected areas resulting in
             adverse impacts on the livelihoods of the displaced persons.

Valuing Affected Assets

The Consultant will carry out valuation of land and assets affected by the project that are eligible for
compensation. The Consultant shall consult and communicate to the PAPs the cut-off date for carrying out
valuation. The Consultant will engage the services of a registered Valuer who shall inspect the affected land
and assets in the presence of the PAPs. The Valuer shall prepare an inventory of the affected land and assets
which shall be witnessed by the PAPs by appending their signatures. The Valuer shall produce a valuation
reports one for each project. Copies of these valuation reports shall be forwarded to the Chief Valuer, Ministry
of Lands and Urban Development.

Budget

The consultant shall thereafter prepare an “entitlement matrix” showing for each PAP, the types of losses and
the forms and amounts of compensation actions that will be taken for each type of loss.

Preparation of Resettlement Action Plan

The Consultant will prepare a Resettlement Action Plan for all the 10 borehole projects in accordance with the
World Bank policy on Involuntary Resettlement (OP 4.12) designed to meet the legal requirements of the
Government of Kenya that shall include the following measures to ensure that the displaced persons are:

    (i)      Informed about their options and rights regarding resettlement.
    (ii)     Consulted on, offered choices among, and provided with technically feasible resettlement
             alternatives.
    (iii)    Provided with prompt and effective compensation at full replacement cost for loss of assets directly
             to be caused by the implementation of the projects.
              Offered support after displacement, for a transition period, based on a reasonable estimate of
                  the time likely to be needed to restore their livelihood and standards of living.
              Provided with development assistance such as land preparation, credit facilities and training or
                  job opportunities in addition to compensation measures.

Where implementation of these projects will cause physical relocation of persons, the resettlement action plan
will include measures to ensure that the displaced persons are:

    (i)      Provided assistance during relocation.
    (ii)     Are provided with housing and agricultural sites for which a combination of productive potential,
             locational advantages and other factors is at least equivalent to the advantages of the old sites.

These draft Resettlement Action Plans shall be approved by the Boards and the World Bank. The approved
plans shall be deposited in public places to be accessed for reference by the PAPs and other stakeholders.

Obtain consent for Land subdivision and transfer

In determining the magnitude of the land to be affected the consultant shall engage the services of a licensed
surveyor who shall survey the affected land in the presence of the relevant PAP. Where only a portion of a PAP
land is to be acquired, then the surveyor shall prepare a mutation of the land to be subdivided and the registered
land owner shall sign the mutation form to accept the subdivision and assist the land owner (PAP) to prepare
an application for land subdivision from the relevant land control Board.
Where the affected land does not include subdivision of land, that is, the whole parcel of land is being acquired
for the project, then the Consultant shall assist the land owner (PAP) to prepare an application to the local Land
Control Board for consent to transfer land to the project owner.

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The consultant shall assist the Boards in obtaining the necessary consents for land subdivision and transfer.

Allocation of new numbers

Where a mutation for subdivision of land is prepared, the Consultant, will assist the Boards at his cost to:
   (i)    Acquire approval of the mutation and allocation of new land reference numbers from the County
          Surveyor.
   (ii)   Cause the relevant Registry Index Map (RIM) to be amended in accordance with this approved
          mutation.
   (iii)  Prepare a land sale agreement and land transfer form with the Land Owners (PAPs). These land
          agreements shall be attested by a Commissioner of Oaths.
   (iv)   Register this mutation of the subdivision with the relevant Land Registry.

Assessment of stamp duty

The Consultant will assist the Boards to obtain an assessment of the stamp duty. The payment of the stamp
duty shall be the responsibility of the Boards.

Issuing of title deed

The Consultant shall assist the Boards and the land owners to obtain title deed for their parcels of land from
the relevant Land Registries.

CONSULTATION WITH STAKEHOLDERS

The consultant will develop and implement a program of consultations with:

    (a) Key stakeholders during the development, implementation and monitoring and evaluation of the
        Environmental and Social Impact Assessment and Resettlement Action Plan. The stakeholders include
        Project Affected Persons (PAPs), relevant government ministries and agencies, County Governments.
    (b) Consult with persons directly affected by implementation of these projects.

The consultations will be in open forums, interviews, focus Group discussions and workshops where the
consultant will conduct public presentations of the project and gather the fears, concerns, public views,
comments and suggestions regarding how the projects will affect land and environment.

STAGE II: IMPLEMENTATION OF RAP AND ESIA

Implementation of the resettlement action plan shall be carried out before the commencement of
implementation of the project by compensating the full replacement value of land and assets and where
applicable replacing title deeds for sub-divided land. All disputes regarding this Resettlement Action Plan shall
be resolved at this stage.

The consultant shall implement appropriate mitigation measures in the developed Environmental and Social
Management plan during project implementation.

STAGE III: MONITORING OF THE RAP AND ESIA

The Consultant will follow up with the PAPs to monitor how they are coping up with the re-settlement by
monitoring their living standards and livelihood for one year. The Consultant will prepare quarterly progress
reports. Recommendations regarding livelihood and living standards will be addressed at this stage.
The consultant will conduct environmental monitoring during project implementation and an initial environmental
audit at the end of the defects liability period of the civil works to determine the closeness and accuracy of the
predictions of the EIA and provide a report on the status of the environment after the project implementation.

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This report shall be approved by NEMA

EQUIPMENT, LOGISTICS AND FACILITIES

The Consultant shall be responsible for the provision of all the necessary resources to carry out the Services;
and shall make arrangements for the establishment of office, supporting office equipment and furniture,
vehicles, accommodation, utilities, communications, and any other required resources.

DURATION, REPORTING AND TIMING OF THE SERVICES

The time period required for the provision of the services is envisaged to be four and half (4.5) months from the
effective contract date.

CLIENT INPUTS

LVNWSB will avail to the Consultant, designs for these projects; previous Re-settlement Action Plans for
projects previously carried out under WaSSIP and introduce the Consultant to other Government agencies that
are relevant to this assignment.



INSTITUTIONAL ARRANGEMENT

The Consultant will primarily be reporting to the to the Chief Executive Officer, Lake Victoria North Water
Services Board, who will be the Project Manager responsible for approving the outputs of the Consultant.
The CEO LVNWSB may delegate some of the responsibilities of the Project Manager to a competent person
notified to the consultant. The Project Manager will delegate appropriate duties and responsibilities to the
consultant for the administration of the contract.

The Chief Executive Officer, Lake Victoria North Water Services Board, shall be responsible for seeking
concurrence of the World Bank relating to approval of the resettlement action plan.

The valuation report shall be deposited with the Chief Valuer, Ministry of Lands and Urban Development.
The relevant Land Control Boards shall give consent for land sub-division and transfer of ownership. The
relevant Land Registries shall issue title deeds for land ownership

QUALIFICATION OF THE CONSULTANT

The Consultant should possess at least a Bachelors degree in project management or social sciences or land
economics or land survey and be registered as a Consultant with a current practising professional license with
at least ten working years, five of which should be as a registered consultant. The Consultant should have
successfully completed three assignments of similar complexity and nature.




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Annex 2:          Project Design Concepts (Extracts)




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Annex 3:          Lead Experts Practicing License




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Annex 4:          List of Stakeholders Participating




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Annex 5:          Minutes of Public Meeting




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Annex 6:          Borehole Water Quality Test results




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Annex 7:           Copy of No Objection letters from the land donors




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Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 122 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 123 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




Annex 8:           Comments from Stakeholders




                                                                                                     Page 124 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 125 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 126 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 127 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 128 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 129 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 130 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 131 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 132 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 133 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)
Drought Mitigation Boreholes For Lake Victoria South Water Services Board (LVSWSB)
                                              ESIA Project Report – Proposed Nyamila Borehole (Homa Bay County)




                                                                                                     Page 134 of 135
Water and Sanitation Improvement Project – Additional Financing (WaSSIP-AF)   Consultant – H. W. Ngirigacha (Lead Expert)