E2337 V14 The Rural Electrification Authority-REA Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33 kV power distribution line Report prepared and submitted by Repcon associates The Repcon Center Sigona 410 off KEFRI/KARI Rd-Muguga P.O. Box 79605-00200, Nairobi Telefax: 254-20-2248119; Mobile- 0721-274358/0736499399 E-mail:info@repcon.co.ke April 2013 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line DISCLOSURE PAGE This Project Report is hereby disclosed for public review as follows:- Proponent: The Rural Electrification Authority-REA Assignment: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini- Mwamleka Rural Electrification Project Firm of Experts: Repcon Associates- NEMA Registration No. 0002, Contact address: The Repcon Center, Sigona 410 off KEFRI/KARI Rd Muguga, P.O. Box 79605-00200, Nairobi. Telefax: 254-20-2248119; Mobile- 0721-274358/0736-499399 E-mail:info@repcon.co.ke Signed: ...................................... Date.................................... Michael M. Wairagu Lead Expert (0177)/ Team Leader Proponent: The Rural Electrification Authority-REA th Contact address: The Chancery, 6 Flr, Valley Rd; P.O. Box 34585-00100, Nairobi; Telephone: +254-20-4953000; Fascimile: +254-20-2710944; Email: info@rea.co.ke Attention of: Mr. Zackary O. Ayieko-CEO Signed.......................................... Date.................... ii The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line EXECUTIVE SUMMARY A. Introduction: The subject of this Project Report is the proposed 10.6 km-long Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33 kV power distribution line being developed by the Rural Electrification Authority-REA on behalf of the Kenya Government. The Report was commissioned by REA in compli- ance with the Environmental Management and Coordination Act, 1999 and Legal Notice No. 101 of June 2003. B. Scope of the Project Report: The main objective of this Project Report is identify environmental and social impacts associated with development and operation of the proposed power distribution line and recommend appropriate miti- gation measures for integration in all phases of project development. Framework and depth of the Project Report has been dictated by requirements of EMCA 1999 and Legal Notice 101 of June 2003 which has defined parameters for conduct of Environmental and Social Impact Assessment studies in Kenya. Regulation 7(1) of Legal Notice 101 of EMCA dictates the following basic content of Project Reports:- a) The nature of the project; b) The Division of the project including the physical area that may be affected by the project’s ac- tivities; c) The activities that shall be undertaken during the project construction, operation and decom- missioning phases; d) The design of the project; e) The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal; f) The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation; g) An action plan for the prevention and management of possible accidents during the project cy- cle; h) A plan to ensure the health and safety of the workers and neighboring communities; i) The economic and socio-cultural impacts to the local community and the nation in general; j) The project budget; k) Any other information that the Authority may require C: Study Methodology pursued The systematic investigative and reporting methodology specified for conduct Project Reports by Legal Notice 101 of EMCA was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated through field work entailing site investigations and interviews with potentially affected people and sec- ondary stakeholders. To identify, predict, analyze and evaluate potential impacts that may emanate from the project, diverse study methods and tools including use of checklists, matrices, expert opinions and observations were employed. An Environmental and Social Management Plan comprising an impact mitigation plan and iii The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line modalities for monitoring and evaluation were then developed to guide environmental management during all phases of project development. D: The Project Report Team This Project Report study was undertaken by a team of 2 consultants namely:- • Mr. Michael M. Wairagu-EIA Lead Expert • Ms. Nancy Kanyi-Sociologist E: Policy, legal and regulatory framework: This Project Report has been developed to ensure that the proposed development of power distribution lines is in conformity with national policy aspirations towards securing sustainable development. Specifi- cally, this report has been developed to ensure compliance with requirements of the Environmental Management and Coordination Act (EMCA) 1999-Kenya’s supreme environmental law, the National Constitution and World Bank’s safeguard requirements. Section 58 of EMCA requires that all develop- ment proposed in Kenya to be subjected to environmental assessment to be conducted in line with the Second Schedule (of EMCA) and the Legal Notice 101of EMCA -The Environmental (Impact Assessment and Audit) Regulations, 2003. As well, Op 4.10 of the World Bank demands environmental assessment for Category A and B hence occasioning the need for the study reports here-in. F. Project description: The Proponent in respect of the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini- Mwamleka 33kV power distribution line is the Rural Electrification Authority (REA)- a State Corporation established under Section 66 of the Energy Act, 2006 (No 12 of 2006) for purposes of accelerating the pace of rural electrification in Kenya. The project will be developed under auspices of the KEEP (REA component) whose overall aim is to in- crease access to electricity in rural areas and is justifiable in that it will electrify rural villages and institu- tions and thus unlock the opportunities associated with cost effective access to convertible energy sources. The project area is easily accessed from the loop Mazeras-Kaloleni-Mariakani tarmac road, then through the non-classified dirt road past the DCs offices, leaving the GK prison to the right then proceed- ing to the target power source at Kizurini Trading Center. From Kizurini, the line will proceed along the dirt road through a series of valleys and coastal ridges to reach the Birini Mwamleka area. The project will entail development of 10.6 kilometers of Phase 3 power distribution line which will comprise 3 lengths of parallel conductors (each 10.6km long) mounted on a total of 126 wooden posts of 10-14m height. The 33kV power will be stepped down to 0.433 kV through 5 differently placed trans- formers and supplied to consumers through new low voltage lines to be constructed. G: The proposed route of traverse The traverse for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line targets villages in Chanagande and Kaloleni locations of Kaloleni Division in Kaloleni District. As at the 2009 National Population Census, the then Kaloleni Division had a population of 252,924, over 99% of which is dominated by seven of the nine Mijikenda tribes;- Agiriama, Adzihana (Jibana), Achonyi, Araphai, Akambe, Akauma and Aribe. With an area of 892.1km2, Kaloleni has a popu- lation density of 284 persons per square kilometre. iv The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line All villages are situated on the coastal ridge dominated by fine sandstones and siltstones –the Mariakani sandstone and Upper Maji ya Chumvi beds which are highly weathered to give rise to well drained, deep, dark brown to yellowish brown firm to very fine sandy clay loam with a top soil of loamy very fine sand (see plate below). The coastal ridge is heavily dissected by valleys which expose the Mariakani sandstones within drainage lines. Drainage comprises of small, mainly ephemeral ravines which ulti- mately join to form the Mto Mkubwa which drains into the Mtwapa Creek. Climate of the Project area is semi-humid characterized by a mean annual rainfall of 1128mm and an equivalent potential evapotranspiration of 2128mm. Annual rainfall is delivered in one long wet season lasting from March to November but with two peaks- a major one lasting April to May and a minor one in October. The period January to March comprises the dry season with mean monthly rainfall generally below 50mm. Cover vegetation originally comprised of coastal highland forests dominated by Ficus natalensis, Ficus sycamorous, Trichilia roka, among others which could have been part of the fog forests so called for sur- viving on occult precipitation. The latter have however been cleared to give way to agricultural settle- ments dominated by tree crops; - coconut, cashew, mango, papaw, and neem alongside maize and puls- es. The coastal range to be traversed by the proposed distribution line falls within the divide of the Mtwapa and Kilifi creeks of the Indian Ocean coastline. Given this close vicinity to the coastline; wash-off of soil sediments into the Indian Coastline makes the threat of coastal siltation to be quite real. H: Findings from the Study (i) Overview of impacts: The scope of adverse impacts anticipated from construction of 10.6 kilometers of 33kV power distribu- tion line in an otherwise low density agricultural settlement is inherently low. Thus, for the proposed Mihingoni power distribution line, this study has identified a total of 33 impacts, 17of which are positive. Other trends in impacts are as follows:- • Only 16 negative impacts are likely to be occasioned by the proposed construction and opera- tion of the 10.6 kilometres of power distribution line as proposed and, all are observed to be of low severity. • Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 adverse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency i.e., they have potential to aggravate an already existing problem. • The project has a net neutral impact pre mitigation which will require to be enhanced through adoption of an effective impact mitigation strategy. (ii): The Potential positive impacts anticipated Positive implications of the project emanate from its potential to create short-term business and em- ployment opportunities to both professional staff and workers during the design phase while, at con- v The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line struction phase, traders will benefit from opportunities to supply construction material while locals will be employed in works. Upon commissioning, the project could supply electric power to 3 schools and 5 rural trading centers where the potential to unlock business potential is real. Through adoption of elec- tricity and cutting down on use of fossil fuels, the project has potential to favor cutting down on Green House Gas emissions to the benefit of the global climate. (iii) The Potential adverse impacts/concerns Core adverse impacts could include the following:- • Displacement of trees and property: By design, 33 kV distribution lines do not require land ac- quisition to create way leaves and are also sited to avoid any standing structures. However, such power distribution lines do occasionally require that trees be removed and this present the main adverse impact of the proposed power distribution line. Along the proposed 10.6 kilometer long 33 kV power distribution line, it is estimated that up to 100 coconut trees could be re- moved and this will translate to loss of income/ livelihood for the owners and contribute to fur- ther exposure of soil to the forces of erosion. • Hazards to road users: Construction activity including transport of materials to the site and erec- tion of the power distribution line poses occupational health and safety hazard to both con- struction crew and third parties. • Conflict over use of road reserves: Unless properly coordinated, construction of power distribu- tion lines has recently been observed to occasion conflicts over the use of road reserves and the same can recur in regard of proposed power distribution line. • Hazards posed by presence of powered distribution lines: Further, presence of the distribution line will change the local landscape and skyline and such intrusion into space is a kind of pollu- tion, not mentioning the perpetual hazards introduced by presence of a powered line. I: The Environmental and Social Management and Monitoring Plan The proposed project is quite small in scale and given the passage in a medium density agricultural set- tlement, the scope of anticipated impacts is quite low. Further, the bulk of impacts is associated with construction activity and will thus cease once construction ends. Intervention at mitigation has been identified as follows:- Replacement of lost trees: Project design will primarily aim at reducing tree casualties through rerout- ing of the power distribution line. Where tree removal is inevitable, such removal will be cleared upfront with the respective County Agricultural Officers in Line with the Agriculture (Farm Forestry) Rules 2009 upon which REA will pay just and prompt compensation for all trees removed or lopped. Further, to- wards rebuilding lost vegetation cover, REA will identify and support a local group to raise and plant tree seedlings in the route of traverse. REA will follow and monitor progress of said trees to ensure achieve- ment of highest survival possible. Compliance to requirements of OSHA 2007: The Contractor will be bound in contract to implement the Code of Safety as outlined in 8.4 above. The core mitigation strategy is to optimize on construction time so as to reduce the time taken to complete all civil works. The Contractor will deploy sober competent staff working under competent supervisors. In addition to provision of protective gear, all workers will be covered under the Workman Compensation Scheme. vi The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line REA to engage road sector stakeholders on use of road reserves: At the design stage, REA will engage all road sector stakeholders to agree on mutually acceptable sharing of the target road reserves but in the long run, this matter will require legal resolution. REA to undertake public sensitization on hazards posed by live power distribution lines: Towards curb- ing vandalism of the power distribution line and associated hazards, the REA will mount public sensitiza- tion campaigns in the affected area and will ensure that the property is promptly handed over to the community. As well, the contractor should be held liable for all vandalism during the defect liability pe- riod. The Monitoring Strategy: The responsibility for ensuring total environmental worth of the proposed project vests with REA in the capacity of proponent. Towards this, the proponent will retain and deploy a team of highly motivated environmental and social scientists to monitor and report on all stages of the project. Other action has been recommended as follows:- i) The ESMMP as outlined above will be integrated into the Design Report with appropriate alloca- tion of funds in the Bills of Quantities. ii) REA will therefore allocate the budget of Ksh One million be required to offset the social and environmental impacts associated with the project. iii) The Contractor will prepare routine reports which will be ascertained by the Supervising Con- sulting Engineer before Payment Certificate can be issued. iv) The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. Environmental stabilization works will be covered under the defect liability period. v) REA will mount own internal monitoring to ensure that impact mitigation has been implement- ed and will file annual audit reports with NEMA. vi) The proposed project will adhere to all other laws of the land and will seek and obtain all requi- site statutory permits. J: Recommendations of this Project Report The proposed development of a power distribution project is largely aligned to reigning GOK Policies for national development. The project enjoys a highly positive benefits profile as it will strongly support ini- tiatives towards poverty alleviation and reversal of environmental-degradation both of which are criti- cally important policy aspirations of the Kenya Government. This Study recommends that project devel- opment should proceed but factor in the mitigation measures recommended herein. REA in the capacity of proponent will require to closely monitor activities especially at construction stage and simultaneous- ly avail funds for environmental and social restoration. Our recommendation is for the project to be licensed to proceed to the next level of development. vii The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. LIST OF ABBREVIATIONS BOQs = Bill of Quantities CAP= Chapter of the Laws of Kenya CITES = Convention on International Trade in Endangered Species DL= Distribution Line EHS = Environment Health and Safety EMCA = Environment Management and Coordination Act 1999 EMP = Environmental Management Plan ERC = Electricity Regulatory Commission ESIA = Environmental and Social Impact Assessment EMP = Environmental and Social Management and Monitoring Plan GHG = Green House Gases GoK = Government of Kenya HV = High Voltage IMP = Impact Mitigation Plan KeNHA= Kenya National Highway Authority KENGEN = Kenya Electricity Generating Company KeRRA= Kenya Rural Roads Authority KETRACO= Kenya Electricity Distribution Company KURA= Kenya Urban Roads Authority KFS = Kenya Forest Service KLPC = Kenya Power and Lighting Company Limited kV= Kilo volts LN= Legal Notice KWS = Kenya Wildlife Service M&E= Monitoring & Evaluation MoE = Ministry of Energy NEMA = National Environment Management Authority PAPs = Project Affected Persons RE= Resident Engineer REA= Rural Electrification Authority RETs = Renewable Energy Technologies RAP = Resettlement Action Plan SHS= Solar Home Systems TORs = Terms of Reference US$ = United States of America Dollar The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line Table of Contents DISCLOSURE PAGE ............................................................................................................................................. ii EXECUTIVE SUMMARY .................................................................................................................................... iii CHAPTER ONE: INTRODUCTION........................................................................................................1 1.1 Background to this report ................................................................................................................ 1 1.2 Scope and objectives of the Environmental and Social Impact Assessment ................ 1 1.2.1 Study scope ................................................................................................................................. 1 1.2.2 Study Objectives........................................................................................................................ 1 1.2.3 The Environmental and Social Impact Assessment Team........................................ 2 1.3 Approach and methodology to the Environmental and Social Impact Assessment .. 2 1.3.1 Discussions with the Project Design Consultant .......................................................... 2 1.3.2 Data collection ........................................................................................................................... 2 1.3.3 Field work and public consultations ................................................................................. 2 1.3.4 Data analysis and impact prediction................................................................................. 3 1.3.5 Formulation of an Environmental and Social Management Plan .......................... 3 1.3.6 Reporting procedure ............................................................................................................... 3 1.4 Presentation of this Report .............................................................................................................. 4 CHAPTER TWO: PROJECT DESCRIPTION /DISCLOSSURE .........................................................5 2.1 Overview ................................................................................................................................................. 5 2.2 About the Proponent .......................................................................................................................... 5 2.3 Objectives of the proposed power distribution line Project............................................... 5 2.4 Project Justification............................................................................................................................. 5 2.5 The proposed route of traverse ..................................................................................................... 5 2.6 Design features of the distribution lines .................................................................................... 6 2.6.1 Nature of power distribution lines .................................................................................... 6 2.6.2 Scope of the project ................................................................................................................. 7 2.6.3 Other specifications ................................................................................................................. 8 2.6.4 Land requirement by the distribution lines ................................................................... 8 2.6.5 Project activities ....................................................................................................................... 8 2.6.6 Land ownership within route of traverse ....................................................................... 9 2.7 Total Cost of the Project .................................................................................................................... 9 CHAPTER THREE: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK....................... 10 3.1 Policy Frameworks .......................................................................................................................... 10 3.1.1 Constitutional provisions ................................................................................................... 10 3.1.2 Other GOK Policies relevant to environmental conservation .............................. 11 3.1.3 World Bank’s Safeguard Policies (WBSGPs) ............................................................... 12 3.2 The Legal Framework for Environmental Management in Kenya ................................ 14 3.2.1 Provision of an Institutional Framework ..................................................................... 14 3.2.2 EMCA requires Environmental Impact Assessment for new projects .............. 15 3.2.3 EMCA provides for gazzettment of Environmental Regulations ........................ 15 3.2.4 EMCA requires inter-sectoral coordination ................................................................ 17 ix The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line 3.2.5 EMCA requires conformity to International Conventions, Treaties and Agreements ............................................................................................................................................ 24 3.3 The Regulatory Framework ......................................................................................................... 26 3.3.1 The Rural Electrification Authority-REA ...................................................................... 26 3.3.2 The Energy Regulatory Commission-ERC.................................................................... 26 3.3.3 The National Environmental Management Authority-NEMA .............................. 26 CHAPTER FOUR: THE BASELINE ENVIRONMENT .................................................................... 28 4.1 The Bio-physical baseline.............................................................................................................. 28 4.1.1 Location and administrative set-up ............................................................................... 28 4.1.2 Relief and physiographic profile...................................................................................... 28 4.1.3 Geology and soils ................................................................................................................... 28 4.1.4 Climatic regime ...................................................................................................................... 28 4.1.5 Cover vegetation .................................................................................................................... 30 4.2 The socio-economic profile .......................................................................................................... 31 4.2.1 The inhabitants ...................................................................................................................... 31 4.2.2 Population dynamics............................................................................................................ 31 4.3 Ecologically sensitive resources ................................................................................................. 31 CHAPTER FIVE: STAKEHOLDER CONSULTATIONS .................................................................. 32 5.1 Need for stakeholder consultations .......................................................................................... 32 5.2 Approach to stakeholder consultation ..................................................................................... 32 5.2.1 Identification of stakeholders ........................................................................................... 32 5.2.2 Levels in stakeholder consultations ............................................................................... 32 5.2.3 Methodologies in stakeholder consultation: .............................................................. 33 5.2.4 Progress in consultation ..................................................................................................... 33 5.3 Outcome of the stakeholder consultation ............................................................................... 34 5.3.1 General concerns ................................................................................................................... 34 5.3.2 Comments from local stakeholders ................................................................................ 37 5.3.3 Comments from local Institutions: ................................................................................. 38 5.4 Salient observation from stakeholders consulted ............................................................... 38 CHAPTER SIX: ANALYSIS OF ALTERNATIVES .......................................................................... 38 6.1 Overview .............................................................................................................................................. 39 6.2 Levels in evaluating project alternatives ................................................................................ 39 6.2.1 Evaluation of the No Project option ............................................................................... 39 6.2.2 Options in the selection of the routes of traverse ..................................................... 39 6.3 Choice between diverse distribution technologies ............................................................. 40 6.4 Choice of Tower structures........................................................................................................... 40 6.5 The preferred option ....................................................................................................................... 41 CHAPTER SEVEN: POTENTIAL IMPACTS FROM THE PROJECT ............................................ 42 7.1 Generic Social and Environmental Impacts ........................................................................... 42 7.1.1 Outcome of impact prediction .......................................................................................... 42 7.1.2 Analysis of impact severity ................................................................................................ 42 7.2 Description of potential impacts ................................................................................................ 42 7.2.1 Overview of impacts ............................................................................................................. 42 7.2.2 Impacts at Design Stage ...................................................................................................... 43 x The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line 7.2.3 Positive Impacts at Construction Stage ........................................................................ 46 7.2.4 Negative impacts at Construction Stage ....................................................................... 46 7.2.5 Impacts at the Operation Phase ....................................................................................... 49 7.2.6 Adverse impacts from powering and operating the distribution line .............. 50 7.2.7 Core concerns about the project...................................................................................... 51 CHAPTER EIGHT: THE ENVIRONMENTAL MANAGEMENT PLAN ........................................ 52 8.1 Overview .............................................................................................................................................. 52 8.2 The Impact Mitigation Plan .......................................................................................................... 52 8.3 Mitigation at design stage ............................................................................................................. 52 8.4 Mitigation at construction stage ................................................................................................. 52 8.4.1 Mitigation of impacts associated with tree removal ................................................ 52 8.4.2 Mitigation of potential conflict in the use of road reserves .................................. 52 8.4.3 Management of Occupational Health and Safety Hazards ..................................... 53 8.5 Mitigation of Impacts at Operation Stage................................................................................ 57 8.6 Effectiveness of the Mitigation programme ........................................................................... 57 8.6.1 Viability of Mitigation .......................................................................................................... 57 8.6.2 Prevalence of residue impacts.......................................................................................... 58 8.6.3 Management of decommissioning .................................................................................. 58 8.7 Monitoring requirements .............................................................................................................. 58 8.7.1 The concepts............................................................................................................................ 58 8.7.2 Procedure for M&E .............................................................................................................. 59 8.7.3 Requirements for Compliance Monitoring .................................................................. 62 8.8 Roles and Responsibilities in implementing the EMP ........................................................ 62 8.9 Budget for Environmental and Social Mitigation ................................................................. 63 CHAPTER NINE: CONCLUSION AND RECOMMENDATIONS ................................................... 64 9.1 The Project .......................................................................................................................................... 64 9.2 Study Methodology pursued ........................................................................................................ 64 9.3 Findings from the Study................................................................................................................. 64 9.3.1 Overview of impacts ............................................................................................................. 64 9.3.2 Nature of the Potential positive impacts anticipated .............................................. 64 9.3.3 Nature of the Potential adverse impacts/concerns ................................................. 65 9.4 The Environmental and Social Management and Monitoring Plan .............................. 65 9.4.1 The Impact Mitigation Plan: .............................................................................................. 65 9.4.2 Effectiveness of the Mitigation Plan ............................................................................... 66 9.4.3 Total Cost in Environmental and Social Mitigation .................................................. 66 9.5 The Monitoring Strategy ................................................................................................................ 66 9.6 Recommendations of this Project Report ............................................................................... 66 APPENDICES: ......................................................................................................................................... 68 Appendix 1.1 statutory registration details ........................................................................................ 68 Appendix 1.2 Nema Registration details .............................................................................................. 68 Appendix 1.3 Documents and Data sources consulted................................................................... 68 Appendix 2.1 Bill of Quantities ................................................................................................................ 68 Appendix 5.1 Nairobi based consultations.......................................................................................... 68 Appendix 5.2 Project specific consultations Mihingoni ................................................................. 68 xi The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line Appendix 7.1 Legal notice 101 ................................................................................................................. 68 Appendix 7.2 Leopord Matrix................................................................................................................... 68 List of Tables Table 2.1: Summary features of the scheme............................................................................................... 7 Table 3.1: Analysis of potential triggers to World Bank safeguard policies ............................... 12 Table 3.3: Screening against international treaties on protection of nature .............................. 25 Table 3.4: Screening against international treaties on protection of the atmosphere ........... 25 Table 4.1: Seasonal rainfall data for stations in Kaloleni District ................................................... 29 Table 5.1: Summary table of stakeholders consulted .......................................................................... 35 Table 6.1: Analysis of alternatives............................................................................................................... 41 Table 7.1: Matrix for impact prediction and interpretation .............................................................. 44 Table 8.1: Matrix for impact mitigation .................................................................................................... 54 Table 8.3: Analysis of impacts scenario before and after mitigation ............................................. 58 Table 8.4: Matrix for Environmental and Social Management and Monitoring (ESMMP) .... 60 List of Figures Figure 2.1: Schematic presentation of the Mihingoni, Kwa Jahazi etc electrification project ....... 6 Figure 2.2: Typical Three Phase power distribution lines ............................................................ 8 Figure 4.1: Long-term rainfall data for the Kaloleni area ........................................................... 29 List of Plates Plate 2.1: Potential benefits of power distribution line ......................................................................... 6 Plate 4.1 : Deeply weathered (highly erodible) sandy soils ............................................................. 28 Plate 4.2 :Agricultural settlement within the traverse ........................................................................ 30 Plate 5.1: Stakeholder consultation at Mihingoni Tading Centre .................................................... 34 Plate 5.2: An FGD with traders/residents of Birini Mwamleka Trading centre ........................ 34 Plate 7.1: A stand of coconut trees ............................................................................................................. 47 Plate 7.2: Removal of trees implies loss of nesting grounds for birds .......................................... 47 Plate 7.3: Hazards in the transport of construction materials ........................................................ 48 xii The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 1 CHAPTER ONE: INTRODUCTION 1.1 Background to this report The Rural Electrification Authority–REA is the Utility mandated by the Government of Kenya to design and construct rural electrification schemes in Kenya. With support from the GoK and the World Bank, REA is currently developing 150 rural electrification schemes under the Kenya Electricity Expansion Pro- ject (KEEP). Under KEEP, REA will develop 33kV power distribution lines in 23 Counties among them Kilifi where the Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Mbirini-Mwamleka power distribution line will be constructed. The later line will supply electric power from Kizurini to Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka Villages where the target is mainly to reach schools and market centers. This proposed power distribution line is the subject of this Project Report which has been motivated by the need to ensure that supply of electric power to the target villages will be in conformity with require- ments for technically sustainable, socially acceptable and economically viable development which is the essence of environmental impact assessment. Further, this report has been prepared in conformity with Legal notice 101 of EMCA and has been prepared under contract by Repcon Associates- a Nairobi-based consultancy (See appendix 1.1. for statutory registration details). 1.2 Scope and objectives of the Environmental and Social Impact Assessment 1.2.1 Study scope Essentially, the framework and depth of this Project Report was dictated by reining legislation namely EMCA 1999 and its Legal Notice 101 of June 2003 which has defined parameters for conduct of Envi- ronmental and Social Impact Assessment studies in Kenya. The Second Schedule of EMCA-1999 identi- fied power distribution among projects that require to be subjected to environmental impact assessment and this informed the need to design and execute the Project Report Study for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. As well, given the limited scale and scope of investment required in developing 33kV power distribution lines, a decision was made to mount a study process culminating in development of a Project Report in line with require- ments of Legal Notice 101 of EMCA. 1.2.2 Study Objectives Objectives for this Project Report Study were identified as follows;- • To generate baseline data for monitoring and evaluation of how well the mitigation measures will be implemented during the project cycle • To identify and assess potential environmental and social impacts of the proposed project. • To identify all potential significant adverse environmental and social impacts of the proposed project and recommend measures for mitigation measures. • To verify compliance with the environmental regulations and industry’s standards • To recommend cost effective measures to be implemented to mitigate the expected impact. • To prepare a Project Report compliant to the Environmental Management and Coordination Act [1999] and it’s Legal Notice 101. The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 1.2.3 The Environmental and Social Impact Assessment Team This Environmental and Social Impact Assessment study was undertaken by a multidisciplinary team bringing together skills as follows:- • Mr. Michael M. Wairagu- EIA Lead Expert and Team Leader • Ms. Nancy Kanyi-Sociologist Details of NEMA registration status in respect of both team members are provided in Appendix 1.2. 1.3 Approach and methodology A Project Report is primarily a tool aimed at facilitating identification and mitigation of adverse impacts of an activity before its implementation commences while creating an opportunity for enhancing positive impacts and thus improving on the entire net worth of the project. For the purposes of this Project Report, systematic data correction took place through activities outlined below. 1.3.1 Discussions with the Project Design Consultant Core discussions here were held as part of the contract negotiation meeting attended by the Team Leader a (from Repcon) Project Managers from both SWECO and Aberdare Engineering Ltd during which, finer details of the assignment were negotiated and harmonized. Consultative meetings also took place with staff of the REA in pursuit of better understanding of the environmental mandate and capacity of the Au- thority. From such discussions, the consultant obtained maps and project design data which helped better clarify the project scope. 1.3.2 Data collection The Project Report Process also employed review of available reports towards familiarizing with the fo- cus and objectives of the entire programme. Core reports reviewed here included the Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF) prepared for KEEP. Secondary data for the route of traverse was obtained from diverse sources such as GOK planning documents and policy blue prints, professional reports and releases, etc all of which provided an insight into the socio-economic and biophysical baseline for the target area. A list of documents and data sources consulted as part of this study is provided in appendix 1.3. Preliminary opinions formed from review of such documentation were re-validated during fieldwork undertaken within districts to be traversed by the distribution line. 1.3.3 Field work and public consultations Fieldwork largely entailed onsite investigations so as to familiarize with the baseline environment of the area potentially affected by the project. Analysis of potential impacts was based on investigations under- taken along the entire route of traverse where data on physiographic, pedology, hydrology and drainage, ecology and cover vegetation, land tenure, settlement and land-use patterns, ecologically and economical- ly sensitive resources were collected. Accruing information formed the basis for impact prediction. Fur- ther, and in line with requirements of Legal Notice 101 of EMCA and its Schedules, the proposed project was subjected to public participation through conduct of public hearing along the traverse and through one to one interviews with other stakeholders. 2 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Chapter six below provides a record of the public participation process as pursued in this study. Views /comments accruing not only served to inform the design process but also formed a basis for discussion between the community and study team towards improving the overall quality of the proposed interven- tions. Stakeholders in government including the provincial administration, land-based sectors, etc were also consulted to clarify various issued and to ensure that proposed development was in harmony with sectoral policies and strategies. 1.3.4 Data analysis and impact prediction Upon data analysis, potential environmental impacts (both positive and adverse) were predicted based on available tools. The magnitude, significance, and acceptability of predicted impacts were evaluated with a view to determining whether observed adverse impacts are significant enough to warrant mitigation. The potential environmental impacts were described in both quantitative and qualitative terms through appli- cation of existing body of knowledge, checklists, flow charts, and monographs and from input from di- verse stakeholders. In particular, impact prediction in this study drew heavily on three documents name- ly:- i) The Third Schedule to Legal Notice 101 ii) The Sectoral checklists for the Power Sector developed for the Asian Development Bank; iii) The Checklist of Environmental Characteristics developed by the Department of Environmental Affairs of the Republic of South Africa and, iv) The Reference Guidelines for Environmental Assessments (which incorporates the Leopold Ma- trix) developed by USAID / REDSO / WCA–Abidjan. Impacts were further screened for occurrence and significance of residual (those which cannot be mitigat- ed satisfactorily) and cumulative impacts with a view to providing a basis of making recommendations on the way forward for the project. 1.3.5 Formulation of an Environmental and Social Management Plan Measures or interventions necessary to minimize, reduce, avoid or offset identified adverse impacts were evaluated and presented in form of an Impact Mitigation Plan for the proposed development. Such evalua- tion also included an assessment of Project Alternatives as reported in Chapter Five below. The ESMMP also identified modalities for monitoring and evaluation to ensure compliance in implementation of pro- posed mitigation measures. This involved development of monitoring indicators and procedures for con- tinuous generation of project monitoring data and information. 1.3.6 Reporting procedure The ESIA Study methodology as described above culminated with production of this Project Report for- mulated in line with Regulation 7(1) of Legal Notice 101 of EMCA which requires that a proponent shall prepare a project report stating: - i. The nature of the project; ii. The Division of the project including the physical area that may be affected by the project’s ac- tivities; iii. The activities that shall be undertaken during the project construction, operation and decommis- sioning phases; iv. The design of the project; v. The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal; vi. The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation; vii. An action plan for the prevention and management of possible accidents during the project cycle; 3 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. viii. A plan to ensure the health and safety of the workers and neighboring communities; ix. The economic and socio-cultural impacts to the local community and the nation in general; x. The project budget; xi. Any other information that the Authority may require A draft version of this Project Report was reviewed by REA and the Aberdare and SWECO Project Man- agers who issued comprehensive comments based on which this Final Project Report has been released for submission to NEMA. 1.4 Presentation of this Report This report is presented in Nine Chapters which integrate the content for Project Reports as stipulated in Regulation 7 of LN 101 thus:- • Chapter One (this chapter) outlines the background and procedure in developing this Project Report; • Chapter Two provides a description of the project as proposed by REA; • Chapter Three reviews relevant policies, legal, regulatory and administrative frameworks governing conduct of environmental assessment in Kenya; • Chapter Four provides the pre-project baseline environment; • Chapter Five provides an analysis of alternatives to the project; • Chapter Six reports on the outcome of stakeholder consultations; • Chapter Seven analyses potential impacts of the project; • Chapter Eight outlines the Environmental and Social Management and Monitoring Plan (ESMMP) developed for the project; • Chapter Nine provides the conclusion and recommendation 4 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 2 CHAPTER TWO: PROJECT DESCRIPTION /DISCLOSSURE 2.1 Overview This chapter provides an overview of the proposed distribution line as currently designed. The description borrows largely from documentation availed by the Rural Electrification Authority-REA. 2.2 About the Proponent The Proponent in respect of the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini- Mwamleka 33 kV power distribution line is the Rural Electrification Authority (REA)- a State Corpora- tion established under Section 66 of the Energy Act, 2006 (No 12 of 2006) for purposes of accelerating the pace of rural electrification in Kenya. The Energy Act, 2006 sets out the functions of REA as fol- lows:- • To Manage the Rural Electrification Programme Fund • To Develop and update the rural electrification master plan • To Promote the use of renewable energy sources including small hydros, wind, solar, biomass, geothermal, hybrid systems and oil fired components taking into account specific needs of cer- tain areas including the potential for using electricity for irrigation and in support of off-farm in- come generating activities. • Implementation and sourcing of additional funds for the rural electrification programme • Management of the delineation, tendering and award of contracts for licences and permits for ru- ral electrification 2.3 Objectives of the proposed power distribution line Project The proposed 33kV power distribution line is being developed under auspices of project KEEP whose REA component is designed to increase access to electricity in rural areas through pursuit of three objec- tives namely;- • Increasing access to electricity by accelerating connection rates and introducing a customer- friendly connection policy; • Promotion of the use of renewable energy sources like solar; • Providing quality and affordable electricity to all in rural areas. 2.4 Project Justification The project is justifiable in that it will electrify rural villages and institutions and thus unlock the opportu- nities associated with cost effective access to convertible energy sources. Plate 2.1 below presents a picto- rial summary of some target beneficiaries of the Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini- Mwamleka 33kV power distribution line. 2.5 The proposed route of traverse The traverse for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line Report is schematically illustrated in Fig. 2.1 below. Villages targeted for electri- fication are situated Chanagande and Kaloleni locations of Kaloleni Division in Kaloleni District. The project area is easily accessed from the loop Mazeras-Kaloleni-Mariakani tarmac road, then through the non-classified dirt road past the DCs offices, leaving the GK prison to the right then proceeding to the Kizurini Trading Center. Starting from Kizurini, the power distribution line will proceed along the dirt road through a series of valleys and coastal ridges to reach the Birini Mwamleka area. The project area 5 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. can also be accessed from the Mombasa Malindi road via the dirt road to Kaloleni then proceeding as de- scribed above. Other design features are presented in sections below. Birini-Mwamleka Trading Center Kinani Primary School Plate 2.1: Potential benefits of power distribution line Figure 2.1: Schematic presentation of the Mihingoni, Kwa Jahazi etc electrification project 2.6 Design features of the distribution lines 2.6.1 Nature of power distribution lines By design, there are 5 categories of power distribution lines depending on the voltage as follows:- 6 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. • Low voltage – less than 1000 volts, used for connection between a residential or small commercial customer and the utility. • Medium Voltage (Distribution) – between 1000 volts (1 kV) and to about 33 kV, used for distribution in urban and rural areas. • High Voltage; used for transmission of bulk quantities of electric power and connection to very large consumers. • Extra High Voltage (distribution) – over 230 kV up to about 800 kV, used for long distance, very high power transmission. • Ultra High Voltage – higher than 800 kV. The proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka power distribution line is a medium voltage line. 2.6.2 Scope of the project Distribution lines essentially comprise of an assembly of posts and cross bars on which conductors are mounted. Detailed specifications inclusive of Bills of Quantities for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution are provided in Appendix 2.1, a brief summary of which is provided in Table 2.1 below. A 10.6 km long Three Phase power distribution line is proposed which implies that, the scheme will comprise 3 lengths of parallel conductors (each 10.6 km long) mounted on a total of 126 wooden posts of 10-14m height. A total of 5 transformers will be in- stalled at diverse load centers within the distribution line so as to step down the 33 kV power 0.433 kV following which, it will be supplied to consumers through new low voltage lines to be constructed. Table 2.1: Summary features of the scheme Scheme/ Proposed align- Project area Length Total No Total no of ment (km) of poles transformers Mihingoni kwa Balozi, Kwa Kaloleni Con- 10.6 126 5 Jahazi, Kenani pry/sec, stituency- Birini Mwamleka sch. Kilifi County Diverse assembly of pole structures will be used in construction of the target distribution line as follows:- • Suspension structures to support the conductor vertically using suspension insulators. • Strain structures to resist net tension in the conductors and the conductors attach to the structure through strain insulators. • Dead-end structures to support the full weight of the conductor and also all the tension in it by use of strain insulators. 7 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Figure 2.2: Typical Three Phase power distribution lines 2.6.3 Other specifications Specifications: Conductors comprise the core media through which, power distribution takes place. In the design of the proposed TL, the Wolf Conductor is preferred on account of higher efficiency of distribu- tion, thus resulting in lower losses of energy and cumulative un-served energy. The conductors recom- mended for the various sub-project options are Aluminum Conductor Steel Reinforced (ACSR) “Wolf” and “Lynx” conductors which are in accordance with Kenya’s Standards. The technical particulars of conductors are as specified in table 2.1 below: Conductor configuration: The current practice in building power distribution lines in Kenya is to use flat configuration conductors on single circuit lines with the two lower phases on the same horizontal plane. The configuration results in shorter poles with a modest cost saving compared to the typical trian- gular configuration with the three phases on three levels. For lines longer than 100 kilometres, a full transposition (three sections) of the three phases is recommended due to the impedance asymmetry result- ing in a corresponding voltage and current imbalance at the line end. 2.6.4 Land requirement by the distribution lines Dimensions of the way leave: The practice of the REA is to require a way leave corridor of equivalent to 10m width on either side of the Center Line for 33 kV lines. Along the 20m wide corridor, an appropriate clearance between conductors and vegetation and structures needs to be maintained which requires that houses and trees in excess of 7.5 metres are removed for the entire life of the distribution line. However, farming and grazing within the corridor is generally permitted. 2.6.5 Project activities Towards development of the distribution lines, activities are anticipated as follows:- Design works: A technical design package for the proposed power distribution line has already been pre- pared by REA. 8 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Construction activity: Construction will be preceded by manual clearing in the holing areas and lopping of vegetation along the traverse followed by delivery of poles, conductors, insulators and other compo- nents of the distribution line. This will be followed by excavation following which the poles will be erect- ed. The major task will entail mounting of conductors and transformers following which the project will be commissioned. Operation phase: Upon powering, the project will then be operated by the Kenya Power Company alongside other investments in Kilifi County. 2.6.6 Land ownership within route of traverse As currently aligned, the traverse falls within privately owned lands, road reserves, and urban centers- the latter of which are controlled by local authorities. 2.7 Total Cost of the Project A summary of the Project Bills of Quantities is provided in Table 2.2 below. In total, construction of the power distribution line is expected to cost the sum of Ksh 9,468,380.41. For a 10.6 Km power distribution line, this translates to a unit construction cost equivalent to Ksh 893,243.43 per kilometer. Table 2.2: Costs in developing the Mihingoni power distribution line SN Bill Item Cost (Ksh) 1 Project Survey Works 484,460.00 2 Provision for Wayleave 140,520.00 3 5 No.X 50KVA, 11/0.433 KV TX 778,960.50 4 S/S Works 355,821.83 5 10.622 km of 11kV in 75 sq mm bare ACSR 6,792,311.79 6 160 M of Lv Sph in 50 sq mm bare aa & 200 M of Lv 3ph in 50 sq mm bare aa 486,754.47 7 3 No. S/L in 25 sq mm 4/c ug cable 8 No. S/L in 16 sq mm S/c oh cable 134,551.82 8 Per diem, shutdown and press advert 245,000,00 9 Design 50,000 Total Planned Project Cost 9,468,380.41 9 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 3 CHAPTER THREE: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK The proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribu- tion line will comply with all Kenyan legal requirements and the World Bank’s environmental and social safeguards as outlined in sections below. 3.1 Policy Frameworks 3.1.1 Constitutional provisions Kenya now has a new supreme law in form of a new national constitution which was promulgated on 27th August 2010 to take supremacy over all aspects of life and activity in the new republic. With regard to the environment, Section 42 of the Constitution states that ……Every person has the right a clean and healthy environment, which includes the right (a) to have the environment protected for the benefit of pre- sent and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations. In Sections 69 and 70, the Constitution has inter alia identified national obligations in respect of the envi- ronment and enforcement of environmental rights respectively as follows:- Section 69 (1): The State shall— (a) Ensure sustainable exploitation, utilization, management and conservation of the environ- ment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) Encourage public participation in the management, protection and conservation of the envi- ronment; (e) Protect genetic resources and biological diversity; (f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) Eliminate processes and activities that are likely to endanger the environment; and (h) Utilize the environment and natural resources for the benefit of the people of Kenya. (2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Section 70 provides for enforcement of environmental rights thus:- (1) If a person alleges that a right to a clean and healthy environment recognized and protected under Ar- ticle 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may ap- ply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate:- (a) To prevent, stop or discontinue any act or omission that is harmful to the environment; (b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) To provide compensation for any victim of a violation of the right to a clean and healthy en- vironment. 10 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Essentially, the new constitution has embraced and provided further anchorage to the spirit and letter of EMCA 1999 whose requirements for environmental protection and management have largely informed Sections 69 through to 71 of the Document. In Section 72 however, the new constitution allows for en- actment of laws towards enforcement of any new provisions of the Supreme Law. 3.1.2 Other GOK Policies relevant to environmental conservation (i) Kenya Vision 2030 Kenya Vision 2030 is the current national development blueprint for the 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 economy back on the path to rapid growth since 2002. 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 equity and poverty elimination is to reduce the number of people living in absolute poverty to the tiniest proportion of the total population. Kenya will aim at a society that guarantees equality of opportunity in accessing public services and providing income-generating activities as widely as possible. The level and intensity of commercial energy use in a country is a key indicator of the degree of econom- ic growth and development. Electricity remains the most sought after energy source by Kenya society and access to electricity is normally associated with rising or high quality of life. However, its consumption in Kenya is extremely low at 121 kilowatt hours (khw) per capita (compared to 503 khw in Vietnam or 4,595 khw for South Africa) and national access rate at about 15%. The access rate in the rural areas is estimated at only 4% in which case, the level of economic development in Kenya is still nascent. Towards reversing this scenario, Vision 2030 identifies energy as one of the infrastructural enablers of the Vision. More resources, inclusive of institution reforms are being invested towards making power more accessible. (ii) Sessional Paper No. 3 of 2009 on National Land Policy The National Land Policy was formulated with the aim of securing rights over land and provide for sus- tainable growth, investment and reduction of poverty in line with Government overall development objec- tives. The policy will offer a framework of policies and laws designed to ensure the maintenance of a sys- tem of land administration and management that will provide: (a) All citizens with opportunity to access and beneficially occupy and use land; (b) Economically viable, socially equitable and environmentally sustainable allocation and use of land; (c) Efficient, effective and economical operation of land markets; (d) Efficient and effective utilization of land and land-based resources; and (e) Efficient and transparent land dispute resolution mechanisms. (iii) Sessional Paper No 1 of 1996 on Environment and Development: Sessional Paper No 1 of 1996 is the official statement on national policy on environment and was released in 1996 following on recommendations of the National Environment Action Plan (NEAP) of 1994. The NEAP Process had been launched earlier on in 1992 following the Country’s participation in the United Nations Conference on Environment and Development (UNCED) in Rio de Geneiro during which Kenya alongside other nations became signatory to Agenda 21 which called on all nations to pay closer attention to environmental management at national level. 11 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Through Sessional Paper No 1 of 1996, the Government of te Republic of Kenya guarantees every citizen the inalienable right to a clean and healthy environment and commits to pursue a policy strategy of inte- grating environmental sensitivity into national development planning process and sets broad policy objec- tives as follows:- • Optimal use of natural land and water resources in improving the quality of human environment; • Sustainable use of natural resources to meet the needs of the present generations while preserving their ability to meet the needs of future generations; • Integration of environmental conservation and economic activities into the process of sustainable development; • Meeting of national goals and international obligations by conserving bio-diversity, arresting des- ertification, mitigating effects of disasters, protecting the ozone layer and maintaining an ecologi- cal balance on earth. Among other provisions, Sessional Paper No. 1 of 1996 also sets out sectoral priorities for environmental sustainability which in most cases have been operationalised through formulation of guidelines for quality and environmental management in respective sectors. A National Environmental Law (EMCA, 1999) has since been enacted to secure implementation of the national policy on environment. 3.1.3 World Bank’s Safeguard Policies (WBSGPs) By virtue of source of funding, the proposed development of distribution lines by REA is also subject to World Bank safeguard policies for impact assessment thus:- • OP 4.01 on Environmental Assessment; • OP 4.04 on Natural Habitats; • OP 4.09 on Pest Management; • OP 4.33 on Cultural Heritage; • OP 4.12 on Involuntary Resettlement; • OP 4.10 on Indigenous People; • OP 4.36 on Forests; • OP 4.37 on Safety of Dams; • OP 7.50 on Projects on International Waterways ; • OP 7.60 on Projects in Disputed Areas. On analysis (table 3.1), it is apparent that, the proposed Mihingoni power distribution line is likely to trigger OP 4.01 and OP 4.12 both of which are highlighted in sections below. For a comprehensive de- scription of World Bank safeguard policies, the reader is referred to www.worldbank.org. 1 Table 3.1: Analysis of potential triggers to World Bank safeguard policies World Bank Safe- Triggers Trigger mechanism guard policy Environmental As- Triggered Project is category B and has to undergo mandatory Environmental and sessment (OP 4.01) Social Impact Assessment Screening in line with OP 4.01 Natural Habitats (OP No Trigger The project will not support or lead to the conversion of natural habitats, 4.04) and the ESMF forbids any project activities inducing significant conversion or degradation of critical natural habitats. Appropriate mitigation measures 1 This project report has also taken cognizance of upcoming World Bank Policies namely;- (i) Interim Guidance Note on land use planning and (ii), The Environmental Health and Safety Guidelines (www.ifc.org/ifcext/sustainability.nsf). None of these safeguards are however triggered by the proposed project. 12 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. will be followed to limit the impact on local fauna, avi-fauna and to protect indigenous plant and tree species along the low voltage line. Forestry (OP 4.36) No Trigger The construction of low voltage distribution lines will not lead to the signifi- cant degradation and conversion of critical forest areas and forest ecosys- tems. Pest Management No trigger Project does not entail Pest Management or any use of chemicals (OP 4.09) Cultural Property No trigger Although it is not expected that the project will affect resources of physical, (OP11.03) cultural, and/or historical importance, a chance finds procedure will be inserted into construction contracts , and Museums of Kenya authorities will be notified if chance finds are made Indigenous Peoples No Trigger There are no known IPs in the route of traverse (OP 4.10) Involuntary Reset- Triggered Some trees will be removed to create the ROW. Compensation at present tlement (OP 4.12) replacement value based on market assessment will be made for these trees. Safety of Dams (OP No Trigger Project will not involve construction of dams 4.37) Projects on Interna- No trigger Project does not traverse International Waters tional Waters (OP 7.50) Projects in Disputed No Trigger There are no sites classified as disputed in the project area. Areas (OP.60) Total triggers 2 (i) Environmental Assessment (OP 4.01) OP 4.01 requires Environmental Assessment (EA) for projects proposed for Bank financing to ensure that they are environmentally sound and sustainable, and as a basis for decision making. Under OP 4.01 pro- jects are screened and assigned either of four categories each of which requires different levels of envi- ronmental assessment as follows:- • Category A: A proposed project is classified as Category A if likely to have significant adverse envi- ronmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. • Category B: A proposed project is classified as Category B if potential adverse environmental im- pacts on human populations or environmentally important areas—including wetlands, forests, grass- lands, and other natural habitats—are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and, in most cases, mitigation measures can be designed more readily than for Category A projects. • Category C: A proposed project is classified as Category C if likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. • Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary in subprojects that may result in adverse environmental impacts. The proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribu- tion line is quite small in scope and though the project will have a positive impact on the environment overall, by improving the supply of energy in rural areas of Kenya, thereby reducing the use of fossil fuels 13 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. for domestic consumption, and the use of firewood, OP/BP 4.01 is triggered because the physical inter- ventions resulting from the implementation of investments could have low to moderate negative impacts on the environment. The Project is classified as Category B- a project with environmental impacts that are easily identified and mitigated-requiring a partial environmental assessment. As such, this Project Report prepared in line with LN 101 of EMCA is deemed sufficient to meet all requirements for environmental assessment for this project category. (ii) Involuntary Resettlement (OP 4.12) OP 4.12 requires that a Resettlement Action Plan (RAP) be prepared for all projects that anticipate displacement of both settlements and livelihoods. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Modalities for harmonizing requirements of both the WB SGPs and GOK legal framework Experience has shown that both OP 4.01 of the World Bank and EMCA 1999 are generally aligned in principle and objective in that:- • Both require Environmental Assessment before project implementation leading to development of comprehensive Environmental and social Management plans to guide resolution of social and en- vironmental impacts as anticipated. • Both require public disclosure of Environmental and Social Impact Assessment and stakeholder consultation during preparation, • While OP 4.01 of World Bank stipulates different scales of Environmental and Social Impact As- sessment for different category of projects, EMCA requires Environmental and Social Impact Assessment for all sizes of projects, which are required to be scoped as relevant • Where EMCA requires consultation of Lead Agencies comprising of relevant sectors with legal mandate under GoK laws, the WB has equivalent safeguards for specific interests. • The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project which is equivalent to the statutory annual environmental au- dits at the operation phase of projects in Kenya. A major guiding principle in this study is that pursuit of an in-depth Project Report process as stipulated by EMCA 1999 is adequate to address all World Bank requirements for environmental and social assess- ment. 3.2 The Legal Framework for Environmental Management in Kenya The Environmental Management and Coordination Act (EMCA) No. 8 of 1999 is the supreme environ- mental law which lays out the legal and institutional framework for environmental management in Kenya. The statute was enacted in 2000 with a view to harmonizing environmental legislation previously scat- tered in 77 national laws. Under EMCA, provisions and safeguards for environmental management have been put in place as follows:- 3.2.1 Provision of an Institutional Framework In 2001, the Government established administrative structures to implement EMCA, 1999 as follows:- The National Environment Council: The National Environment Council (the Council) is responsible for policy formulation and directions for the purposes of EMCA 1999. The Council also sets national goals and objectives and determines policies and priorities for the protection of the environment. The National Environmental Management Authority: EMCA 1999 allows for formation of the National Environmental Management Authority (NEMA) as the body charged with overall responsibility of exer- cising general supervision and co-ordination over all matters relating to the environment and to be the 14 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. principal instrument of government in the implementation of all policies relating to the environment. Un- der the Act, NEMA was established in 2001 when the first Director General was appointed by the Presi- dent. Activities of NEMA are rolled out through three core directorates in charge of Enforcement, Education and Policy. This is the institutional framework under which this Project Report process will be regulated and processed to conclusion. Public Complaints Committee: Under EMCA 1999, a Public Complaints Committee has been established to provide an administrative mechanism for addressing environmental harm. The Committee whose membership include representatives from the Law Society of Kenya, NGOs and the business community has the mandate to investigate complaints relating to environmental damage and degradation. 3.2.2 EMCA requires Environmental Impact Assessment for new projects Section 58 of EMCA requires that an Environmental Impact Assessment (EIA) Study precede all devel- opment activities proposed to be implemented in Kenya. The Act further requires that EIA studies so de- signed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003) as published by the National Environmental Man- agement Authority (NEMA). The Second Schedule of EMCA specifies the nature of projects that should undergo Environmental and Social Impact Assessment. Under EMCA however, all projects irrespective of size are to be subjected to Environmental and Social Impact Assessment studies and, under electricity infrastructure, projects in;- Power Generation, Transmission and distribution, Electrical substations; and, Pumped storage schemes require to undergo statutory impact assessment. The Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33 kV power distribution line has thus been designed and conducted in response to this legal requirement and has also taken cognizance of other legal instruments under EMCA as outlined elsewhere below in this report. 3.2.3 EMCA provides for gazzettment of Environmental Regulations Under EMCA 1999, guidelines for environmental management have been promulgated through diverse regulations. We highlight a few of the said regulations against which the proposed development of a 33 kV power distribution line will be screened and harmonized. Environmental (Impact Assessment and Audit) Regulations, 2003 (Legal Notice 101- Kenya Gazette Supplement No. 56 of 13th June 2003): The Environmental (Impact Assessment and Audit) Regulations, 2003, provide the basis for procedures for carrying out Environmental Impact Assessments (EIAs) and Environmental Audits (EAs). Regulation 3 states that “the Regulations should apply to all policies, plans, programmes, projects and activities specified in Part IV, Part V and the Second Schedule of the Act. Reg- ulation 4(1) further states that: ……no proponent should implement a project……… i) Likely to have a negative environmental impact; or ii) For which an environmental impact assessment is required under the Act or these Regulations; unless an environmental impact assessment has been concluded and approved in accordance with these Reg- ulations. 15 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Among other requirements, these guidelines also prescribe the format and content of Project Reports. LN 101 further sets out the schedule of EIA fees payable to NEMA by project proponents. 2 Environmental Management and Co-ordination Act (Waste Management) Regulations 2006: These are described in Legal Notice No. 121 of the Kenya Gazette Supplement No. 69 of September 2006. The- se Regulations apply to all categories of waste as provided in the Regulations. These include: • Industrial wastes; • Hazardous and toxic wastes; • Pesticides and toxic substances; • Biomedical wastes; • Radio-active substances. These regulations outline requirements for handling, storing, transporting, and treatment / disposal of all waste categories as provided therein. Environmental Management and Coordination Act (Water Quality) Regulations 2006: These are described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Regulations apply to drinking water, water used for agricultural purposes, water used for recreational pur- poses, water used for fisheries and wildlife and water used for any other purposes. This includes the fol- lowing: Protection of sources of water for domestic use; Water for industrial use and effluent discharge; Water for agricultural use. These Regulations outline: • Quality standards for sources of domestic water; • Quality monitoring for sources of domestic water; • Standards for effluent discharge into the environment; • Monitoring guide for discharge into the environment; • Standards for effluent discharge into public sewers; • Monitoring for discharge of treated effluent into the environment. Conservation of Biological Diversity (BD) Regulations 2006: Legal Notice No. 160 of the Kenya Ga- zette Supplement No. 84 of December 2006 applies to conservation of biodiversity which includes con- servation of threatened species, Inventory and monitoring of BD and protection of environmentally signif- icant areas, access to genetic resources, benefit sharing and offences and penalties. The route of traverse has not been mapped for biodiversity as required by these regulations. However, from investigations un- dertaken as part of this study, it was observed that the proposed line will largely traverse agricultural set- tlements where the original natural vegetation has been replaced by crops and the likelihood of occur- rence of indigenous biodiversity is quite low. This regulation is that not likely to be triggered. National Sand Harvesting Guidelines, 2007: These Guidelines apply to all sand harvesting activities in Kenya to ensure sustainable utilization of the sand resource and proper management of the environment. 2 LEGAL NOTICE NO 30 of EMCA (dated 11th February, 2009) - THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT) (AMENDMENT) REGULATIONS, 2009 sets new EIA Fees schedules as follows:- 1. These Regulations may be cited as the Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2009. 2. The Environmental (Impact Assessment and Audit) Regulations, 2003, are amended in the Fifth Schedule by deleting item 4 and sub- stituting therefore the following new item – “4. Environmental Impact Assessment licence-0.05% of the total cost of the project, to the minimum of KSh. 10,000 and maximum of KSh. 1,000,000 payable as follows: (a) 50% of the 0.05% being Processing Fee Payable upon submission of a project report; (b) 50% of the 0.05% being licence fee payable upon collection of the Environmental Impact Assessment Licence”. 16 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Among Key features, the guidelines empower respective DECs to regulate sand harvesting within areas of jurisdiction implying that, sand should only be sources from approved sites and by approved dealers. Guidelines on Noise level: NEMA has recently issued draft guidelines on ambient noise levels. In con- formity to these guidelines, this Study has identified measures to ensure that; - the Contractor keeps noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas; schools, dispensaries and other noise sensitive areas shall be noti- fied by the Contractor at least 5 days before construction is due to commence in their vicinity. Under all conditions, the Contractor must adhere to the Noise Prevention and Control Rules of April 2005. 3.2.4 EMCA requires inter-sectoral coordination In recognition that EMCA is an umbrella law coordinating diverse sectoral statutes all of which are still in force, Legal Notice 101 of EMCA identifies and designates all GOK Agencies with legal mandates over specific sectors to be Lead Agencies for purposes of Environmental Impact Assessment. LN 101 of EMCA further requires that the respective sectors be consulted as Lead Agencies in making decisions pertaining to environmental assessment for projects in respective sectors. This is to ensure that NEMA does not approve projects that contradict sector policies and legislation. As part of this Project Report process, an analysis of Kenyan laws considered relevant to development and operation of power distribution lines was undertaken following which, sectoral triggers were identi- fied as outlined below. (i) The Environment and Land Court Act No.19 of 2011: This law was assented to on 27th August, 2011 and commenced on 30th August, 2011 to give effect to Article 162(2)(b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its juris- diction functions and powers, and for connected purposes. Section 13 (1) of the Act gives the Court original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2)(b) of the Constitution and with the provisions of this Act or any other written law relating to environment and land. In exercise of its jurisdiction under Article 162 (2) (b) of the Constitution, the Court shall have power to hear and determine disputes relating to environment and land, including disputes:- (a) relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) Relating to compulsory acquisition of land; (c) Relating to land administration and management; (d) relating to public, private and community land and contracts, choses in action or other instru- ments granting any enforceable interests in land; and (e) Any other dispute relating to environment and land. This statute is deemed relevant to all development proposed for implementation in Kenya as it provides for legal recourse for disputes relating to environment and land. This is a law that any developer including the REA should familiarize with. (ii) The Energy Act of 2006: Section (4) of the Energy Act 2006 establishes the Energy Regulatory Commission with a mandate under Section 6 of the Energy Act as follows:- i) to formulate, enforce and review environmental, health, safety and quality standards for the ener- gy sector, in coordination with other statutory authorities; and, ii) to enforce and review regulations, codes and standards for the energy sector. 17 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Thus, under Section 6 of the Energy Act, the ERC has full mandate to ensure environmental protection within the energy sector in the capacity of de jure Lead Agency. Further, Section 30(1) and (2) of the Energy Act 2006 requires that ‘The Commission shall, in granting or rejecting an application for a licence or permit, take into consideration;- (i) the impact of the undertaking on the social, cultural or recreational life of the community; and (ii), the need to protect the environment and to conserve the natural resources in accordance with the Environmental Management and Coordination Act of 1999. This Project Report process has partly been undertaken in fulfillment of requirements of the Energy Act and indeed, the final output will be reviewed by the ERC in the capacity of Lead Agency. (iii) Roads Act 2007: The core feature of the Kenya Roads Act 2007 which came into effect in September 2007 was the crea- tion of Three autonomous Authorities (KeNHA), KeRRA and KURA) to take care of National, Rural and Urban Roads respectively. Sections 3(2) (b), 4(2) (b) and 10(2) (b) are quite relevant to development and operation of power distribution lines as they place all road reserves under the respective jurisdictions of KeNHA, KeRRA and KURA depending on the category of the road. In essence, any infrastructure service provider intending to utilize a road reserve will require consent of the respective road authority. Further, under Section 27, the respective road authority has power to cause relocation of infrastructure from the road reserve thus:- (2) Where any infrastructure utility is located within a road reserve, the provider or operator of such infrastructure utility shall, upon written request by the responsible Authority, relocate such infrastructure utility to a location or alignment approved by the Authority at no cost to the Authority. (3) Where an Authority intends to exercise any power under subsection (2) it shall give reasonable notice of its intention to do so to the person having control of such infrastructure utility, and such person shall cause to be removed such infrastructure utility within sixty days. (4) Where, under subsection (2) or (3), any person having control of an infrastructure utility fails to re- move such infrastructure utility within the time stated in the notice, the concerned Authority may remove such infrastructure utility at the cost of the person who was unable to comply with the notice under sub- section (3). Given the provisions of the Roads Act 2007, it is important that all developers targeting to use road re- serves to liaise closely with the relevant road authorities. The same position was articulated during con- sultations with KeNHA and KeRRA undertaken as part of this study. (iv) The Agriculture Act, Cap 318: This statute seeks to promote and maintain a stable agriculture, to provide for the conservation of the soil and its fertility and to stimulate the development of agricultural land in accordance with the accepted practices of good land management and good husbandry. This Act primarily guides and regulates farming practices. The Agriculture Act is the principal land use statute covering, inter-alia, soil conservation and agricultural land use in general. In 2009, the Minister for Agriculture gazetted The Agriculture (Farm Forestry) Rules, 2009 with the objective and purpose of promoting and maintaining farm forest cover of at least 10 per cent of every ag- ricultural land holding and to preserve and sustain the environment in combating climate change and global warming. 18 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Rule 5 (1) requires every person who owns or occupies agricultural land shall establish and maintain a minimum of 10 percent of the land under farm forestry which may include trees on soil conservation structures or rangeland and cropland in any suitable configurations; provided that the species of trees or varieties planted shall not have adverse effects on water sources, crops, livestock, soil fertility and the neighborhood and should not be of invasive nature. Rule 6 allows an inspector to take action within area of jurisdiction to ensure that land owners and occu- piers comply with requirements of rule 5 above. Regulation 10 on harvesting of farm trees requires the following: (1) Every land owner or occupier shall ensure that harvesting of trees shall be done in such a manner as to maintain a 10 per cent tree cover at all times, with large scale harvesting requiring a harvesting plan as governed by the provisions of the Forest Act No. 7 of 2005. (2) The District Agricultural Committee shall establish mechanisms to facilitate the process of notification and approval for ease of harvesting by land owners or occupiers. (3) A person shall not harvest trees from a farm forest without notification and approval as pro- vided for in paragraph (2). (4) Harvesting, processing and movement of farm forest products for commercial purposes shall be governed by the provisions of the Forest Act, No. 7 of 2005. From this analysis, it is apparent that a new approach to treatment of on-farm trees has been established. As such, contrary to past practices, contractors contemplating removal of farm trees to create way leaves will require authority from the District Agricultural committees. (v) The Lands Act No. 6 of 2012: The Land Act was enacted by Parliament to give effect to Article 68 of the Constitution, to revise, consol- idate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. The Act applies to all land declared as (a) public land under Article 62 of the Constitution; (b) private land under Article 64 of the Constitution; and (c) com- munity land under Article 63 of the Constitution and any other written law relating to community land. The Land Act guarantees security of tenure for land under (a) freehold; (b) leasehold; (c) such forms of partial interest as may be defined under the Act and other law, including but not limited to easements; and (d) customary land rights, where consistent with the Constitution and guarantees equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Under the Lands Act 2012, The Way leaves Act, Cap 292 and The Land Acquisition Act, Cap. 295 have been revoked but Sections 8 and 9 allow for Compulsory Acquisition as an option in acquiring land for public utility. (vi) The Land Registration Act, No. 3 of 2012: The Land Registration Act (LRA), 2012 came into effect on 2nd May, 2012 with the objective and purpose of revising, consolidating and rationalizing the registration of titles to land to give effect to the principles and objects of devolved government. 19 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Sections 18 to 21 of the LRA 2012 deal with establishment and maintenance of boundaries to land. Sec- tion 21(1) is relevant to development of power distribution lines in it that it criminalizes interference with boundaries thus;- Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand shil- lings or to both. Under the LRA 2012, Statutes previously related to land property namely;- The Indian Transfer of Prop- erty Act 1882, The Government Lands Act, (Cap 280), The Registration of Titles Act, (Cap 281), The Land Titles Act, (Chapter 282) and The Registered Land Act, (Cap. 300) now stand repealed. (vii) The Physical Planning Act (Cap 286): This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of government mainly the District Level. The Act provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in the specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical develop- ment plan should concentrate on broad policy issues. The Act also advocates for public participation in the preparation of plans and requires that proper consideration be given to the potential for economic and social development. This Project Report study has confirmed that planning of the RE Projects under KEEP has taken account of regional development plans and will specifically seek to utilize existing way leaves. Public consulta- tions have been undertaken as part of this study to ensure that sectoral policies and strategies are adhered to in course of developing the power distribution lines. (viii) Local Government act Cap 265: A principal target of the REA component of KEEP is to electrify market centres which are created and governed under Cap 265. Specifically, under Cap 265, Local Authorities have planning mandate and con- trol for all land under their jurisdiction. As such, any development targeting use of any land under LAs will require consent as appropriate. The same should apply to use of any way leaves under the jurisdiction of a county council. Cap 265 also empowers local authorities to act in the protection of the environment. This Act empowers the Municipal Authority to provide and maintain sanitation and sewerage services and to take measures to control or prohibit factories and industries from emitting smoke, fumes, chemicals, gases, dust, smell, noise, vibrations or any danger, discomfort or annoyance to the neighbourhood and to control disinfec- tions particularly using cyanide. They are empowered to punish those disrupting sanitation or sewerage lines and can compel owners to construct sewage line into the systems and drainages. (ix) The Occupation Health and Safety Act 2007: This is an Act of Parliament to provide for the safety, health and welfare of workers and all persons law- fully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act has the following functions among others: • Part VI of the Act gives the requirements for occupational health provisions which include clean- liness, ventilation, overcrowding, etc. • Part VII of the Act contains provisions for the safe operation of machinery and includes all prime movers and distribution equipment. Additionally this part includes the safe operation of cranes, 20 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. chains, ropes, lifting tackles, pressure vessels and their statutory examination by DOHSS Ap- proved Persons. • Part VIII of the Act contains provisions for general safety of a workplace especially fire safety. This part of the Act will apply to the proposed project during the design, construction and opera- tional phases respectively of the project. • Part IX of the Act deals with Chemical Safety. This will not be applicable to the proposed project as it will not handle and transport hazardous materials. • Part X of the Act deals with the General Welfare conditions that must be present during the oper- ational phase of the project. Such conditions include first aid facilities, supply of drinking water, etc. • Part XI of the Act contains Special Provisions on the management of health, safety and welfare. These include work permit systems, PPE requirements and medical surveillance. All sections of this part of the Act will be applicable to the proposed project during the operational phase. Section 8.2 of this Project Report has outlined clear modalities to be followed by contractors towards mit- igating/minimizing/avoiding occupational health and safety hazards. (x) The Wildlife (Conservation and Management) Act (Cap 376): This principal Act regulates wildlife conservation and management in Kenya. The Act establishes Kenya Wildlife Service (KWS) as the implementing agency. Under section 9 and subsection 3A, the functions of KWS are stated among others as: to provide advice to the government and local authorities and landown- ers on the best methods of wildlife conservation and management and authority to ensure viability of con- servation areas. Furthermore, the Minister responsible for wildlife has discretionary powers to promulgate such regulations to enhance the management of such conservation areas, so long as the regulations so promulgated are reasonable and not ultra vires to the parent Act. Investigations conducted within the route of traverse revealed that, there are per se, no areas controlled by the KWS under Cap 376. However, efforts will be made to minimize damage to wildlife habitat especially trees which are crucial for maintaining minimum viable populations of avifauna. (xi) The Forests Act 2005: The Forests Act 2005 repealed Cap 385 of the Laws of Kenya and provides for the establishment, control and regulation of forests. The Act confers powers on the Minister responsible of Forests to set aside spe- cific areas for the conservation of fauna and flora, for the management of water catchments, prevention of soil erosion or for the protection and management of indigenous forests on alienated Government land. Such forest land includes those formerly gazetted under Cap 385, thus essentially putting the control of all Kenyan forests under a single statute. The Forests Act 2005 makes illegal, any alienation of gazetted forest land for any purposes considered contradictory to the dictum of conservation, requiring that, such proposals to be debated and approved by Parliament, after completion of a comprehensive Environmental and Social Impact Assessment Study. Further, towards operationalizing the Forests Act 2005, the KFS has gazetted forest rules namely:- The Forest (Harvesting)Rules, 2009; The Forest (Charcoal making) Rules, 2009; and, The Forest (Participa- tion in sustainable management) Rules, 2007 but in our view, nothing in the proposed power distribution line occasions triggers to either the parent law or its subsidiary legislation. However, as observed else- where above in this report, the main trigger is likely to be in the Farm Forestry Rules gazetted under Cap 318. (xii) Occupiers Liability Act (Cap. 34) revised 2009 21 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Rules of Common Law regulates the duty which an occupier of premises owes to his visitors in respect of danger and risk due to the state of the premises or to things omitted or attributes an affliction on his/her health to a toxic materials in the premises. In additional to creation of a way leave, the REA working with local leadership will mount a public sensitization programme to ensure that people are aware of the haz- ards posed by presence of powered distribution lines. (xiii) Penal Code (Cap.63) The Act makes it criminal for anybody to pollute common resources such as air, public water supply, acoustic quality, etc and stipulates fines for diverse offences. The EMP prepared as part of this Project Report has identified nuisances (dust, fumes, noise, vibrations, etc) as some of the adverse impacts poten- tially generated from construction activity and has recommended suitable measures towards mitigation. (xiv) The Standards Act Cap 496 The Act is meant to promote the standardization of the specification of commodities, and to provide for the standardization of commodities and codes of practice; to establish a Kenya Bureau of Standards, to define its functions and provide for its management and control. Code of practice is interpreted in the Act as a set of rules relating to the methods to be applied or the procedure to be adopted in connection with the construction, installation, testing, sampling, operation or use of any article, apparatus, instrument, de- vice or process. The Act contains various specifications touching on electrical products and the Proponent shall ensure that commodities and codes of practice utilized in the project adhere to the provisions of this Act. (xv) Public Roads and Roads of Access Act (Cap. 399) Sections 8 and 9 of the Act provides for the dedication, conversion or alignment of public travel lines in- cluding construction of access roads adjacent lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respec- tive roads. The proponent has confirmed to this study that no new access roads will be opened up and the project will rely on existing roads. (xvi) The Coast Development Authority Act No 6 of 1989 (Cap 444): The Coast Development Authority Act was enacted in 1989 and commenced on January 18th, 1999 ex- pressly to provide for the establishment of the Coast Development Authority (CDA) to plan and co- ordinate the implementation of development projects in whole of the Coast Province and the exclusive economic zone and for connected purposes. Under Section 8, the CDA Act outliners function of the CDA as follows:- a) to plan for the development of the Area and initiate project activities identified from such planning in the development and through the Government generally; b) to develop an up-to-date long range development plan for the Area; c) to initiate such studies, and carry out such surveys of the Area as may be considered necessary by the Government or the Authority, and to assess alternative demands within the Area on the natural re- sources thereof, and initiate, operate, or implement such projects as may be necessary to exploit those natural resources including agriculture (both irrigated and rainfed), forestry, wildlife and tourism in- dustries, electric power generation, mining, and fishing, and to recommend economic priorities; d) to co-ordinate the various studies of schemes within the Area such that human, water, animal, land and other resources are utilized to the best advantage and to monitor the design and execution of planned projects within the Area; 22 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. e) to effect a programme of both monitoring and evaluating the performance of projects within the Area so as to improve such performance and establish responsibility thereof, and to improve future plan- ning; f) to co-ordinate the present abstraction and use of natural resources, especially water, within the Area and to set up effective monitoring of abstraction and usage; g) to cause and effect the construction of any works deemed necessary for the protection and utilization, of the water and soils of the Area including hydro-power development for multipurpose utilization of water resources; h) to ensure that landowners in the Area undertake all the measures specified by the Authority to protect the water and soils of the Area; i) to identify, collect, collate and correlate all such data related to the use of water and other resources and also economic and related activities within the Area as may be necessary for the efficient forward planning of the Area; j) to maintain a liaison between the Government, the private sector and other interested agencies in the matter of the development of the Area with a view limiting he duplication of effort and ensuring the best use of the available technical resources; k) to examine the hydrological effects and the subsequent ecological changes on the development pro- grammes and evaluate how they affect the economic activities of the persons dependent on river envi- ronment; l) to implement development projects and programmes whose primary objective is to promote socio- economic development of the Coast Province in particular and Kenya in general; m) to plan and liaise with the relevant authorities as necessary in the exploration and development of the extensive fishing and marine activities an Kenya especially the exclusive economic zone. The areas targeted for electrification under the current project fall within the planning jurisdiction of the CDA. Caution therefore has been taken to link the proposed development to the CDA in course of Stake- holder consultations. (xvii) The Limitations of Actions Act (Cap. 22) This Act provides for recognition of squatters and the conditions under which they would have rights for compensation for loss of land. If squatters have been in occupation of private land for over twelve (12) years, then they would have acquired rights as adverse possessors of that land as provided under the Limi- tation of Actions Act, section 7. Investigations undertaken for this Project Report did not identify any land users who merited classification as squatters’ n which case, no further action in respect of this statute is recommended. (xviii) The Civil Aviation Act, Cap 394 Under this Act, the Kenya Civil Aviation Authority (KCAA) has to authorize and approve the height of all proposed masts for purposes of ensuring the safety of flying aircraft over the proposed project area. However, investigations conducted under this study did not come across any airstrip that would warrant triggers to Cap 394. (xix) The Water Act 2002 In March 2003, the Water Act 2002 came into effect to provide a legal framework for management and conservation of the national water resource base in line with policy changes in the sector. New institutions with separate functions have now been established, and decentralized decision making is reflected in au- tonomous regional bodies. Henceforth, these are the institutions with which all works touching on water resources have to coordinate with. They include: 23 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Ministry of Water and Irrigation: The MWI is the trustee of all water resources in the country. The present key roles and functions of the MWI have been defined in the National Water and Sanitation Ser- vices as: water policy formulation; water resources management policy; apportionment of water resources and abstraction licensing; appointment of water undertakers; regulation, setting and approval of standards; approval of water tariffs, levies, rates and charges; development and operation and maintenance of urban and rural water supply systems; wastewater treatment and control; water quality and pollution control; catchment area conservation; water conservation (by National Water Conservation and Pipeline Corpora- tion); irrigation and dam construction schemes; flood control and land reclamation (MWRMD, 2003). The Water Resource Management Authority: This is a body corporate charged (under Section 8(1) of the Water Act 2002) with the overall responsibility of overseeing sustainable development of the national water resource base. The functions of the WRMA as provided in Section 8 of the Water Act 2002 is to manage, protect and conserve the water resources with regional offices at catchment levels for decentral- ized decision-making, quick response to water resources management problems and for speedy water al- location process. In order to coordinate activities in water resource management, WRMA has issued Guidelines for Water Resource Management (LN 171), Part IX of which specifies code of conduct with regard to activities in riparian areas. In the impression of this study, there are no triggers to the Water Act and its LN 171. (xx) This National Museums and Heritage Act, 2006: The National Museums and Heritage Act was enacted and commenced on 8th September 2006 for the following purposes:- (i) to consolidate the law relating to national museums and heritage; (ii) to provide for the establishment control, management and development of national museums and the identification, protection, conservation and distribution of the cultural and natural heritage of Kenya; (iii) to repeal the Antiquities and Monuments Act and the National Museums Act; (iv) and for connected purposes. Under Section 25, Cap 216 allows for declaration of National Heritage sites which then remain protected from any annihilation or alteration under the law. This Project Report process has taken precaution to as- certain that none of the areas traversed by the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line is gazetted under Cap 216. As well, this study did ascer- tain that, though other non-gazetted traditional worship sites occur within the locality, none falls within the proposed traverse. 3.2.5 EMCA requires conformity to International Conventions, Treaties and Agreements Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment and aimed at achieving sustainable development. According to the Registrar of Inter- national Treaties and other Agreements in Environment (UNEP 1999), there are 216 such treaties, 29 of which are of interest to Kenya. The country is a signatory to 16 such agreements, which range from use of oil, protection of natural resources and, protection of the atmosphere. The agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully desig- nated Kenyan Authority. Protocols towards protection of the natural environment: There are 16 agreements of significance to Kenya especially due to its high dependence on fuel wood and hydropower. At international level, Kenya has signed and ratified the following tools:- Convention on Biological Diversity, 1992; United Nations Convention to Combat Desertification 1994; 24 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. the International Plant Protection Convention 1951; the Convention on Wetlands of International Importance (Ramsar 1971); Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990, which protects forests as habitat for endangered species; and also , Convention concerning the Protection of World Cultural and Natural Heritage, 1972, which also protects threatened plants. For purposes of this study, the proposed power distribution line was screened for possible against all the 10 conventions for possible triggers. Though none were explicitly identified, it is worth noting that tree removal towards creating way leaves is a precursor to the desertification process. Table 3.3: screening of the proposed power distribution line project against international treaties on protection of nature No Convention Status in project Remarks area International Plant Protection Convention 1951 No trigger Convention on Wetlands of International Importance No trigger (Ramsar 1971) Convention concerning the Protection of World Cul- No trigger tural and Natural Heritage, 1972, Convention on International Trade in Endangered Spe- No Trigger cies (CITES) of Wild Fauna and Flora, 1990 Convention on Biological Diversity, 1992; No trigger Agenda 21 of the United Nations Conference on Envi- Legally non-binding ronment and Development-UNICED (The Rio Confer- ence) United Nations Convention to Combat Desertification No trigger Tree removal is a precursor 1994 to desertification Protection of the Atmosphere: Most of the greenhouse and ozone depleting emissions emanate from man’s activities in sourcing energy and as such, the conventions in this area mainly aim at protecting the atmosphere from harmful emissions. Kenya is party to the Vienna Convention of 1985 on Protection of the Ozone Layer together with its three Protocols of 1990, 1992 and 1994. Kenya is also a signatory to the United Nations Framework Convention on Climate Change (UNFCCC) 1992, and its Kyoto Protocol of 1997) which principally aims at cutting down on emission of greenhouse gases. Both conventions are deemed quite relevant to projects targeting substitution of biomass energy with cleaner energy sources such as the proposed rural electrification. The observation here is that though removal of trees to create way leaves directly impacts on the carbon sink, the shift from kerosene and biomass to use of electricity has a more significant impact of emission of greenhouse gases. Removal of trees is thus seen as a neces- sary cost towards adoption of cleaner energy. Table 3.4: Screening of the proposed power distribution line project against international treaties on protection of the atmosphere 25 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. No Convention Status in pro- Remarks ject area The 1985 Vienna Convention on Protection of the Ozone Layer The 1987 United Nations Montreal Protocol on No trigger substances that deplete the ozone layer The 1992 United Nations Framework Convention Trigger Tree removal impacts on the car- on Climate Change (UNFCCC) which led to the bon sink but use of electricity for Kyoto Protocol of 1997 lighting cuts down on GHG. The 1997 Kyoto Protocol on Climate Change Trigger 3.3 The Regulatory Framework This Project Report Process is subject to control by three administrative frameworks namely:- 3.3.1 The Rural Electrification Authority-REA The Rural Electrification Authority (REA) is a State Corporation established under Section 66 of the En- ergy Act, 2006 (No 12 of 2006) to manage the Rural Electrification Programme including the formulation of a rolling Rural Electrification Programme Master Plan which would present least-cost electrification options for target areas. In the capacity of Employer in this Study, REA has defined the scope and coverage of the Project which to a large extent determines the depth of the study to be undertaken. Towards this, the Employer has stipulated Study tasks to be executed towards ensuring a comprehensive, legally proficient study output. The REA thus wields the administrative framework towards supervision and quality control of the study. 3.3.2 The Energy Regulatory Commission-ERC The Energy Sector in Kenya is regulated by the ERC which was established under the Energy Act of 2006. Section 6 of the Energy Act 2006 confers on the ERC a mandate to ensure environmental protection within the energy sector in the capacity of de jure Lead Agency. Section 6 of the Energy Act empowers the ERC to formulate, enforce and review environmental, health, safety and quality standards for the en- ergy sector, in coordination with other statutory authorities; and, to enforce and review regulations, codes and standards for the energy sector. Further, Section 30(1) and (2) of the Energy Act 2006 requires that ‘The Commission shall, in granting or rejecting an application for a licence or permit, take into considera- tion;- (i) the impact of the undertaking on the social, cultural or recreational life of the community; and (ii), the need to protect the environment and to conserve the natural resources in accordance with the En- vironmental Management and Coordination Act of 1999. This Project Report has partly been prepared in fulfillment of requirements of the Energy Act and indeed, the final output will be reviewed by the ERC in the capacity of Lead Agency. 3.3.3 The National Environmental Management Authority-NEMA EMCA 1999 allows for formation of the National Environmental Management Authority (NEMA) as the body charged with overall coordination of environmental protection in Kenya. A Director General (DG) appointed by the President heads the Authority established in 2001. Several Directors in charge of En- forcement, Education, Policy, who are assisted by Assistant Directors and Senior Officers under them, assist the DG. To facilitate coordination of environmental matters at District level, EMCA 1999 allows for creation of District Environmental Committees (DEC) traditionally chaired by respective District 26 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Commissioners. However, in order to align to requirements of Kenya Constitution 2010, NEMA has de- volved functions to Counties. Under the New arrangement, EIA licensing for projects will take place at either the County or National level depending on the perceived environmental risk category as per the NEMA advert of 9th July 2012. Thus this Project Report recognizes NEMA as the sole regulator of EIA processes in Kenya. Indeed, the second objective of the Project Report is to facilitate Environmental Licensing of the project by NEMA, in which case, the Report has to ensure compliance with all standards as set out by NEMA in capacity of Environmental Regulator in Kenya. The Project Report Process has thus been tied up to the NEMA insti- tutional framework at Head Office and County levels. 27 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 4 CHAPTER FOUR: THE BASELINE ENVIRONMENT 4.1 The Bio-physical baseline 4.1.1 Location and administrative set-up The entire Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line falls within the Kaloleni District of Kilifi County. 4.1.2 Relief and physiographic profile The Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka villages to be traversed by the proposed power distribution line are situated on the coastal ridge marking the transition between the coastal lowlands to the East and the Nyika to the west at an altitude of 200-250m above sea level. 4.1.3 Geology and soils Geology of the coastal ridge around Kaloleni is dominated by fine sandstones and siltstones –the Mari- akani sandstone and Upper Maji ya Chumvi beds which are highly weathered to give rise to well drained, deep, dark brown to yellowish brown firm to very fine sandy clay loam with a top soil of loamy very fine sand (see plate below). The coastal ridge is heavily dissected by valleys which expose the Mariakani sandstones within drainage lines. Drainage comprises of small, mainly ephemeral ravines which ulti- mately join to form the Mto Mkubwa which drains into the Mtwapa Creek. Plate 4.1 : Deeply weathered (highly erodible) sandy soils underlain by the Mariakani sandstones 4.1.4 Climatic regime Rainfall data for stations within Kaloleni District is presented in Table 4.1 and Fig 4.1 below. Both Kaloleni and Chonyi which represent the proposed route of traverse have long term annual rainfall rang- ing between 1000 to 1100mm. Annual rainfall is delivered in one long wet season lasting from March to Novembers but with two peaks- a major one lasting April to May and a minor one in October. The period January to March comprises the dry season with mean monthly rainfall generally below 50mm. 28 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Table 4.1: Seasonal rainfall data for stations in Kaloleni District Mean monthly rainfall (mm) data for Chonyi, Kaloleni, Giriama and Gotani Station Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Chonyi 36.2 21.2 47.9 130.1 245.9 85.5 88.9 80.2 97.2 120.4 110.7 76.5 1128 Kaloleni 34 29.7 36.8 123 194.6 98.6 42.7 72.1 80.4 118.5 104 107.1 1068 Giriama 31 19.9 48.5 125.1 211.2 89.4 66.1 82.2 64.8 106.7 93.5 55.8 978 Gotani 26.8 24.7 37.9 130.2 141.5 51 45.1 65.6 42.7 67.3 100.8 80.2 825 3 Estimated monthly potential evaporation (mm) for Chonyi, Kaoleni, Giriama and Gotani Station Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Chonyi 212 206 222 181 122 141 133 141 174 197 202 198 2128 Kaloleni 214 208 225 183 124 142 134 142 176 199 204 200 2151 Giriama 214 208 225 183 124 143 134 176 199 204 204 200 2152 Gotani 218 212 228 186 126 145 137 145 179 202 207 203 2188 Rainfall data for stations within the Kaloleni area 300.00 250.00 Rainfall (mm) 200.00 150.00 100.00 50.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chonyi 36.2 21.2 47.9 130.1 245.9 85.5 88.9 80.2 97.2 120.4 110.7 76.5 Kaloleni 34 29.7 36.8 123 194.6 98.6 42.7 72.1 80.4 118.5 104 107.1 Giriama 31 19.9 48.5 125.1 211.2 89.4 66.1 82.2 64.8 106.7 93.5 55.8 Gotani 26.8 24.7 37.9 130.2 141.5 51 45.1 65.6 42.7 67.3 100.8 80.2 Figure 4.1: Long-term rainfall data for the Kaloleni area The climatic value of rainfall has been analyzed based on computation of the climatic index as determined by the ratio of rainfall (r) to potential evapo-transpiration (Eo) based on the method of Sombroek et. al, 1982.4 With a mean annual rainfall of 1128 mm and an equivalent potential evapotranspiration of 2128 3 Based on data from Gatahi, M 1978 4 29 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. mm, Chonyi has a climatic index (r/Eo ratio) of 0.53 which translates to a climatic Zone III-I which is semi-humid, fairly hot to very hot. Monthly rainfall exceeds potential evapotranspiration demand in only April while the rest of the months suffer a deficit (Fig 4.1) implying that moisture scarcity is a major limi- tation to ecological productivity in the area. 4.1.5 Cover vegetation The route of traverse is entirely comprises of agricultural settlements (Plate 4.2) where the main land use is coastal subsistence agriculture dominated by tree crops;- coconut, cashew, mango papaw, and neem alongside maize and pulses. Within isolated patches such as riparian areas however, remnants of the orig- inal cover vegetation review coastal highland forests dominated by Ficus natalensis, Ficus sycamorous, Trichilia roka, among others. Indeed, the coastal ridge is famous for fog forests which survive on occult precipitation but these may have been cleared to give way to settlement. Plate 4.2: Agricultural settlement within the traverse 30 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 4.2 The socio-economic profile 4.2.1 The inhabitants Kaloleni Division is inhabited predominantly by seven of the nine Mijikenda tribes namely; Agiriama, Adzihana (Jibana), Achonyi, Araphai, Akambe, Akauma and Aribe, with the Agiriama forming the ma- jority. 4.2.2 Population dynamics As at the 2009 National Population Census, the then Kaloleni Division with an area of 892.1 square kil- ometers had a population of 252,924 people translating to a density of 284 persons per square kilometre. Like with other parts of Kenya, rural population in Kaloleni is concentrated along the transport lines for ease of access to services. Thus, along the road from Kizurini, through Mihingoni, Kwa Jahazi to Birini Mwamleka, several clusters of settlements are encountered (plate 3.2 above). Other statistics of the Ka- loleni district population dynamics are summarised below. Kaloleni District population Economically active population Elderly population (60yrs and above) (2009 Census) (25-59yrs) 2009 Count Total House- 2009 Count % of district pop- 2009 Count % of district popula- holds ulation tion 252,924 54,379 76,131 30.1 13,595 5 The entire district population is distributed in 54,349 household’s equivalent to an average household size of 5. Further, only 28% of the district population falls within the economically productive age bracket (labour force) of 25-59 years in which case, close to 70% of the district population is dependent. This population is usually dependent on good will while drawing on their assets, manly land based resources (trees, fruit crops, livestock, etc) and are very vulnerable to economic instability. 4.3 Ecologically sensitive resources The Coastal range to be traversed by the proposed power distribution line falls within the divide of the drainage basins of Mto Mkuu which drains eastwards into the Mtwapa Creek and the Dawa which drains in north easterly direction to join the Kilifi creek alongside the Rare. Further, the coastal range is very vulnerable to soil erosion which, given the close vicinity of coastline creates a real threat for coastal silta- tion. This study therefore identifies the coastline to be an ecologically sensitive resource but given the low scale of earth working associated with construction of power distribution lines, the likelihood of soil ero- sion, transport and deposition in the coastline is very limited. 31 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 5 CHAPTER FIVE: STAKEHOLDER CONSULTATIONS 5.1 Need for stakeholder consultations Legal Notice of 101 of June 2003 requires that all environmental assessment process in Kenya to incorpo- rate Public Consultation - a requirement informed by awareness that stakeholders are largely in the con- stituency likely to be impacted by proposed developments and it is imperative that they be informed of the project following which they can make informed comments and reactions to the proposed develop- ment. It is also important to ensure that all stakeholder interests are identified and incorporated in project development, implementation and operation and, against such background, consultation was undertaken with a cross section of stakeholders both within and outside the project area of influence with the follow- ing objectives;- i) To disclose the project to both primary, secondary and other stakeholders; ii) To obtain the reaction/comments/concerns of all stakeholders which is integral to the impact pre- diction and interpretation process iii) To obtain on the ground information of the pre project baseline. Thus, fieldwork combined both stakeholder consultation and documentation of the baseline environment. 5.2 Approach to stakeholder consultation 5.2.1 Identification of stakeholders The proposed distribution lines comprise a unique project in that, right from onset, project design entails acquisition of land for construction of permanent overhead structures traversing close to 18kilometers of land. Of necessity, numerous people are likely to be affected by the project and are therefore bonafide stakeholders demarcated by the decision to follow the proposed route of traverse. The same were identi- fied and consulted through diverse for a as outlined elsewhere below. This study also identified other categories of stakeholders comprised of GoK offices, parastatals etc with- in sectors deemed likely to be impacted by the project. This category was also consulted as key inform- ants on sectoral policy and to advise this EIA study on mitigation measures to be put in place so as to minimize adverse impacts in respective sectors. In this category were also included local policy makers and opinion leaders, local administration, local authorities, civic leaders among others. 5.2.2 Levels in stakeholder consultations Of necessity, stakeholder consultations should take place alongside project design and implementation to ensure that the project puts in place measures to cater for stakeholder concerns in all project phases. In case of the proposed development of power distribution lines, stakeholder consultation was approached at four levels namely;- i) Briefing by Project Engineers: Briefing commenced after negotiating the contract and consisted of discussions between the Consultant and the SWECO/Aberdare Engineers team. During such discussion, the Engineers clarified the scope and expectations; mode of contract administration and deliverables on the contract, and also provided information on project design to the consult- ant. Notably, the consultant obtained design reports and maps from the feasibility study phases of the project and also obtained contacts for supervision team on the ground. ii) National Level consultation: This entailed consultation with the project design team, Client and Lead agencies (KFS and KERRA) deemed relevant to the project. Such consultations applied to the entire 8 schemes that were the subject of the contract for the EIA. 32 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. iii) County and District Level consultations: These were mounted at respective counties and dis- tricts with discussion focusing on project falling within such jurisdiction. However as expected, the reaction especially from government sectoral Agencies (Education, KFS, Agriculture, Public Health etc) are cross cutting and hence applicable to all the 8 project irrespective of the adminis- trative jurisdiction. Thus views of the KFS, KeRRA, Public Health, Agriculture etc have been ap- plied in developing the project report and by extension the EMPS for the entire 8 projects. iv) Project level consultations: Consultations have targeted residents of Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka who essentially are the primary stakeholders to the project. While discussions at district level mainly targeted line ministries those at county level mainly targeted county and regional offices such as, county commissioners, county councils, KeRRA regional officers, county forest coordinators etc where the target was to obtain sectoral position on potential impact of rural electrification to that sector. 5.2.3 Methodologies in stakeholder consultation: All consultations for this Study were undertaken by the Study Team Leader. Consultations generally em- ployed diverse methodologies depending on the target audience. Methodologies included; • Key informant interviews:- • Focus Group Discussions (FGD):- • One to one consultations: These were held with local residents or traders when it was not possible to raise a quorum for a focus group discussion. At the end of an interview an informant was re- quested to sign the comments as registered by the Lead expert. • Indirect consultations: Numerous individuals and institutions previously played diverse roles in the formulation and design of the power distribution lines project and though it was not possible to make direct contacts with them, the same was achieved through study and review of outputs left behind in form of reports. Thus, considerable time input was devoted to review of project documents towards preparation of this Environmental and Social Impact Assessment. Appendix 6.3 provides a list of documents reviewed as part of this study. 5.2.4 Progress in consultation A summary and tally of the entire stakeholders consulted for this project is provided in table 5.1 below. Essentially a total of 27 people were consulted and this includes the national level stakeholders (the Pro- ject Design Engineers, the Rural Electrification Authority (REA), Kenya Forest Service (KFS), the Kenya Rural Road Authority-KeRRA, etc) and some county based GOK stakeholders whose inputs are deemed relevant to all the 8 rural electrification schemes contracted for environmental impact assessment. A rec- ord of Nairobi based consultations is provided in Appendix 5.1 below while Appendix 5.2 provides a rec- ord of project specific consultations conducted in Kilifi County and Kaloleni District in regard of the pro- posed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. A pictorial record of the consultations is provided in plate 5.2 below. 33 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Plate 5.1: Stakeholder consultation in a battery charge shop at Mihingoni Tading Centre Plate 5.2: An FGD with traders/residents of Birini Mwamleka Trading centre 5.1 Outcome of the stakeholder consultation From Table 5.1, a total of 24 stakeholder categories were consulted through 12 key informant interviews and 2 Focus group discussions. 5.1.1 General concerns From the consultation process it emerged that all stakeholders across the board support the proposed sup- ply of electric power to rural areas more so, the market and institutions. Rural electrification as proposed was hailed as an essential catalyst to rural development through the capacity to facilitate investment and job creation. Comments/concerns emanating from GOK sectors were observed to generally apply to all the schemes proposed for development by REA under the KEEP. The same are reproduced under respec- tive stakeholder headings below. 34 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Table 5.1: Summary table of stakeholders consulted Level of Stakeholder cate- No Nature of meeting Total consultation gory met National KFS 2 Met Deputy Director in charge of Forest Conservation and 2 Level (Gen- Management and the Officer in charge of the Policy Legal eral) Section of the Service. KeRRA 1 Met with a staff member in the Manager in charge of Survey 1 department. KeNHA 2 Met with the Surveyor and later on a staff member of the 2 section. REA 1 Held several conversations with the Programme Manager 2 for KEEP and the Senior Way leaves Officer. Aberdare/SWECO 3 Held discussions with SWECO Team Leader, Aberdare Team 3 Leader and consulted extensively with the Lot Supervisor in charge of Eastern. County Lev- County Commis- 1 Met with the County Commissioner. 1 el (General) sioner Kilifi County Coun- 2 Met the County Clerk who referred consultant to the Works 2 cil officer with whom extended discussions were held. Kenya Rural Roads This office was only consulted at Makueni 2 Authority Kenya Forest Ser- 1 Deputy Zonal Manager-Kilifi Zone 1 vice Ministry of Agri- 1 Met an Officer at County Level but was directed to Kaloleni 1 culture District Office. CD Education 1 CDE was out of office but was interviewed on the phone. 1 NEMA 1 CD (Env) was out of office on official duty. His telephone 2 contacts were obtained from office staff followed by an ex- tended conversation with the CDE. Ministry of Lands - 1 Met with the District Physical Planning Officer 1 Physical Planning District Lev- Provincial Admin- 1 Met with the DO1 who was acting for the District Commis- 1 el istration sioner. (Specific) Project level Local Traders 2 FGD at Mihingoni and Mwamleka Trading Centers. 6 (Specific) Local Residents 1 FGD at Mihingoni TC 4 Local schools 3 Met with the Headteachers for Mihingoni , Birini Mwamleka 3 and Kinani Primary schools. Total meetings 24 31 County/ Provincial administration: In the capacity of coordinator of GOK business at grassroots level, this sector was contacted in all the 8 counties targeted for REP scheme development with outcome as fol- lows:- i) The sector is not aware of any adverse environmental and social impacts associated with rural electrification. 35 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. ii) At locational and divisional level, this sector required that project contractor to establish contact and linkage so as to ensure incident free construction of the power distribution lines. iii) Chiefs contacted also requested to be involved during construction and commissioning of the power distribution lines so as to ensure community mobilization towards securing of the invest- ment (transformers) from theft and vandalism. The National Environmental Management authority-NEMA: In the capacity of environmental regula- tor, the NEMA officer at county level was visited as part of stakeholder consultation. In general, the CDE office looks forward to receiving the project reports when submitted and hence look forward to compre- hensively analysis of all impacts. As well, the CDE, who was spoken to on the phone made observations as follows;- i) The CDE for Kilifi expressed grave concerns over the tendency for REP contractors to excessive- ly lop and remove trees supposedly to give way to construction of power distribution lines a prac- tice which was observed to go counter to national aspirations for a green country. ii) NEMA requires that contracts for construction of REP schemes be designed so as to limit tree removal by contractors to the barest minimum and to allow for replacement of all trees so re- moved. Indeed NEMA should be allowed an opportunity to review such draft contracts before they are effected. This comment was found to cut across all the 8 schemes including the subject of this report. The Kenya Forest Service: Concerns of the KFS at the county (CFC) and zonal levels resonated with those of their counterparts at NEMA. KFS observed that, none of the REP schemes pass through gazetted forests. However from past experience trees are either excessively lopped or removed to give way for REPs. In most cases trees are removed by REP contractors without consulting the KFS offices on the ground in complete bleach of the requirements of the forest act. The KFS requires that all EIA project reports proposed in respect of REP be shared with CFCs for review and possible comments on impacts on tree resources. The KFS also required to be involved at construction stage to ensure that trees are pro- tected and to advise on modalities for replacement of trees so lost. Ministry of public health: At county level, the ministry of public health was only contacted at Wundanyi under auspices of the District Medical Officer of Health one of the 8 schemes undergoing EIA study. Their observation largely mirror those expressed by the Itetani dispensary. However, the DMOH ex- pressed concern over ability of dispensaries to pay for connection to grid power supply given their very low budgetary allocation. The Kenya Rural Roads Authority: KeRRA officers were contacted at Makueni, Kitui and Machakos where comments emerged as follows:- i) KeRRA is concerned that contractors for REP do not take time to familiarize with the extent and alignment of rural roads leading to some power distribution posts being erected in the middle of the road reserve and thus creating conflicts with either road users or future road development. ii) KeRRA requires to be consulted during the process of design and construction of power distribu- tion lines within areas of jurisdiction. Local Authorities-County and Town Councils: Views expressed here are based on consultations made with the Kilifi county council, Makueni county council, Wote and Tala town councils and the Masaku County Council. Local authorities made concerns as follows:- 36 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. i) REP should be designed and constructed to utilize existing and anticipated road reserves, taking care to reserve the 9m required for road construction. As such REPs should be restricted to within one metre boundary of road reserves. ii) Where power posts are cited in private property, they should exploit boundary areas to avoid con- flict with future development. iii) The Makueni county council is concerned about indiscriminate tree removal to give way to power distribution lines in market centers. Given that Local Authorities spend money to establish and tend such trees, they should always be consulted during the design and construction of power dis- tribution lines within areas of jurisdiction. iv) Local authorities stated that contractors doing business within respective areas of jurisdiction should pay rates as appropriate in line with Cap 265. Ministry of Agriculture: Concerns were raised as follows:- • Excessive lopping of fruit trees interferes with food security and the farm based livelihoods. • Electric poles and way leaves fix the land out of certain uses and can interfere with the farm economy. • Supply of electricity was potential to undermine adoption of either renewable energy technologies such as solar PV biogas, wind etc. • These comments were found to apply to all schemes. Ministry of Education: This is one sector that was observed to potentially benefit from electrification of rural schools. • Power supply to schools will facilitate replacement of diesel engines in boarding schools and hence cut down the school operating costs. • Power supply to schools will improve academic performance through increased time for prep, re- duced generator noise introduction of IT and allied courses. • Electrical faults and malfunction however have potential to cause fire outbreak and associated safety hazards. • Power failure especially in the evening has been known to cause unrest and instability in schools. 5.1.2 Comments from local stakeholders Comments from the Public: Two meetings were held at Mihingoni trade centre and at Mwamleka Mar- ket where residents and traders respectively expressed their views as follows:- i) They are in full support of the project and also wanted to know what the application procedure will be for someone to get connected to power. ii) Cultural sites: residents suggested that local elders be consulted during the survey for the power distribution line to help in the identification and confirmation of any graves and other cultural sites. E.g. the residents cited the presence of a Kaya (Kaya Bimukambe) which they said has since been cleared. iii) Opportunities: The residents also want the local youth to be employed during the construction and that the contractor should be made to disclose the employment agreements to the village elders. iv) Their wish is that no property will be affected. 37 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 5.1.3 Comments from local Institutions: Local schools: The local schools visited were in full support of the project as they felt that learning will be more enhanced more so ICT and E learning. They however recommended that the school`s manage- ment be sought to help in the identification of an appropriate location of poles. 5.2 Salient observation from stakeholders consulted From the foregoing analysis and documentation, salient observation can be deduced as follows. i. Public support and demand for rural electrification: The public is in support of this project and some of the benefits they anticipate include: • Lighting up of villages and village institutions. • Opportunities will be created through such investments as welding, salons, cybercafés etc all of which rely on availability of grid power supply. • Education will be more enhanced and diversified through E-learning and other computer based academic programmes. ii. Public apprehension over trees removals: Overwhelmingly indiscriminate and excessive removals of trees to give way to power distribution lines emerged as the most severe and commonly identi- fied adverse impact of rural electrification. The same area identified by both local owners and government sector stakeholders. Removal of trees also sets in questions of compensation to re- spective owners. iii. Potential conflict on use of roads reserves owing to misplacement of power distribution. iv. Conflict over allocation of jobs in the building of power distribution lines. v. Concerns on the safety and security of power distribution equipment before and after commis- sioning vi. As concerns fire and safety they wondered whether electricity will be compatible with makuti houses. 5.3 Modalities for dispute resolution 6 Committees will be put in place at locational level to liaise between the contract and local commu- nity towards resolution of all project related disputes. Modalities are outlined in section 8.45 below. 38 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. CHAPTER SIX: ANALYSIS OF ALTERNATIVES 6.1 Overview In sections below, we provide some background to the process that informed formulation of the project in its current design. Notably, the project was subjected to detailed feasibility studies where diverse options were considered leading to identification of the project and choice of technological options as currently proposed. Project alternatives were considered at diverse levels namely; technological options, route of coverage etc out of which, an overhead distribution line mounted on wooden poles traversing Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka was selected. Some of the options considered are briefly reviewed in sections below. 6.2 Levels in evaluating project alternatives 6.2.1 Evaluation of the No Project option Access to electricity remains low in Kenya and the country has one of the lowest percentage coverage by electricity among African countries. In Uganda, only 9 percent of the population has access to electricity; in Kenya, 14 percent; in Congo, 6 percent. In oil-rich Nigeria, the energy demands are nearly twice na- tional power output and this lack of industrial energy is continents biggest obstacles to development and a big turnoff for foreign investors. Further, firms operating in Kenya persistently report erratic power sup- ply as being one of the critical impediments to their competitiveness and expansion of electric power dis- tribution networks has great potential to redress this matter thereby catalyzing badly needed investment especially in rural areas. The proposed by proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line is being developed as part of a wider national initiative aimed at stabilizing na- tional grid power supply through control of outages and distribution losses for which there is no other feasible alternative. The no-project scenario would imply continuation of inadequate power supply, in- creasing outages and losses to business which is clearly not desirable for an economy that is struggling to recover from impacts of political violence and drought. As such, any initiative with potential to increase the percentage of Kenyan population covered by electricity is economically justifiable and strategic as it is in line with the current government emphasis on increasing percentage national coverage by electricity particularly in rural areas. Provision of additional power supply has been identified as crucial to achievement of the national devel- opment aspirations as elaborated in the national development blue print –the Vision 2030 in which case, the focus is on modalities for supply rather than the justification of what is clearly a strategic policy inter- vention. 6.2.2 Options in the selection of the routes of traverse The power distribution line has been designed to connect specific consumer points where power supply is desired. The nearest power source is the Kizurini Trading Center from where power will be supplied to Mihingoni, Kwa Balozi and other load centers in a design that has no room for options. Consequent to this observation, this option was never considered. Further, environmental, resettlement and land compensation aspects have been taken into consideration in an effort to minimize negative visual effects from exposed towers and corridors through dense forest, avoid heavily urbanized areas, airports and airport approach roads, national defense property and; avoid national parks, ecological or biosphere reserves and protected areas in general. 39 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 6.3 Choice between diverse distribution technologies Distribution vs local generation: Grid electric power is available at the Kizurini trading center which is less than 5km away from the Mihingoni Center targeted for supply. Such close proximity of power source to the near load centers makes it much cheaper to tap and transmit as opposed to local generation. Local generation would also require multiple investment in generating stations backed up by distribution lines to the points of consumption and would end up being more expensive eventually. Overhead versus underground distribution lines: The choice between overhead versus underground distribution lines was also considered. Indeed, electric power can be distributed by underground power distribution lines which facilitate distribution across: (i) densely populated urban areas, (ii) areas where land is unavailable or planning consent is difficult, (iii) rivers and other natural obstacles, (iv) and with outstanding natural or environmental heritage, (v) areas of significant or prestigious infrastructural development and land whose value must be maintained for future urban expansion and rural development, etc. Additionally, underground power distribution lines are;- • Less subject to damage from extreme weather conditions (mainly lightning, wind and freezing) • Greatly reduced emission, into the surrounding area, of electromagnetic fields (EMF). All electric currents generate EMF, but the shielding provided by the earth surrounding underground power distribution lines restricts their range and power. • Underground power distribution lines need a narrower surrounding strip of about 1–10 meters to install, whereas an overhead line requires a surrounding strip of about 20 meters wide to be kept permanently clear for safety, maintenance and repair. • Underground power distribution lines pose no hazard to low flying aircraft or to wildlife, and are significantly safer as they pose no shock hazard (except to the unwary digger). Some disadvantages of underground power cables: • Undergrounding is more expensive, since the cost of burying cables is several times greater than overhead power distribution lines, and the life-cycle cost of an underground power cable is two to four times the cost of an overhead power distribution line. • Whereas finding and repairing overhead cable breaks can be accomplished in hours, underground repairs can take days or weeks, and for this reason redundant lines are run. • Underground power cables, due to their proximity to earth, cannot be maintained live, whereas overhead power cables can be. • Operations are more difficult since the high reactive power of underground cables produces large charging currents and so makes voltage control more difficult. Given all these considerations, construction of overhead distribution lines is the option favored by REA. 6.4 Choice of pole structures Steel poles: Tubular steel poles are typically used in urban areas, but are more vulnerable to vandalism especially in isolated areas. Wood: In Kenya, use of single wood utility pole structures is common in the construction of 33 kV power distribution lines as proposed for Mihingoni. Construction entails placing a pole in the ground upon which, one cross arm is fixed at the top end for purpose of supporting insulators and conductors. Wood is considered cheaper that other materials and has an overall cost saving of 20-30%. Wood is preferred for such construction for, in addition to being relatively cheaper, wood has surge voltage insulating properties which is not found in steel, aluminium or reinforced concrete structures. 40 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Concrete: Use of concrete pylons worldwide is limited by their excessive weight which makes handling and installation complex. Aluminum: Where towers must be placed in inaccessible terrain by helicopters, the extra material cost of aluminum towers will be offset by lower installation cost. Design of aluminum lattice towers is similar to that for steel, but must take into account lower stress properties inherent to aluminum. 6.5 The preferred option A comparison of all the options is summarized in table 6.1 below. From the analysis, the proposal to in- vestment in a medium voltage overhead distribution line based on wooden poles as currently designed seems to be the preferred option given cost and technical considerations. Any adverse impacts will be mitigated as per the EMP unveiled in Chapter Eight Below. Table 6.1: Analysis of alternatives Level of Option evalu- Advantages Disadvantages Preferred Mitigation of evaluation ated option adverse im- pacts Project No project Savings to the na- Economic losses due to Develop pro- As per ESMMP scenario tional economy, will power outages, slowed ject avoid environmental economic growth. and social costs Choice of Local genera- Cut down on distri- Requires multiple invest- Distribution As per ESSMP technology tion vis Distri- bution costs, will ments in generating sta- option bution avoid displacement tions and distribution to and environmental market. costs Overhead vs It is cheaper to de- High displacement costs Use OHDL As per ESMMP underground velop and maintain. and exposure to accidents cables and EMR in OHDLs Wooden poles Wood is cheaper, Sourcing of wood impacts Use of wood- As per ESMMP vs steel and readily available and on natural carbon sink. en poles. concrete poles has inherent surge protect properties. 41 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 7 CHAPTER SEVEN: POTENTIAL IMPACTS FROM THE PROJECT 7.1 Generic Social and Environmental Impacts 7.1.1 Outcome of impact prediction The power distribution line as proposed will require space in terms of both vertical and horizontal projec- tion and depending on the current physical and social characteristics of this space, some impacts are like- ly to be triggered whose analysis is the subject of this chapter. Impact prediction for this ESIA Study basically relied on four tools namely;- • The generic checklist for impact prediction issued by NEMA as the Third Schedule to Legal No- tice 101. Appendix 7.1 presents a matrix based on this Schedule. • The Checklist for Environmental Characteristics developed by the Department of Environmental Affairs of the Republic of South Africa (Appendix 7.2). 7.1.2 Analysis of impact severity Predicted impacts were analyzed for severity through screening for diverse attributes/ features including magnitude, persistence, potential for reversibility, cumulative and tendencies, potential to occasion sec- ondary and cyclic impacts etc. Potential impacts were subsequently ranked on a scale of 2P, P, O, N and 2N reflecting Highly Positive, Positive, Neutral, Adverse and Highly Adverse category of impacts respec- tively. Table 7.1 below provides a summarized outcome of impact prediction and interpretation based on application of the four checklists to the design, construction, and operation phases of the proposed power distribution line. 7.2 Description of potential impacts 7.2.1 Overview of impacts Scale of impacts: The tally of potential impacts and their trends as identified in respect of the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33 kV power distribution line are summarised as follows:- Impact category Total Long-term Irreversible Cumulative Potential for second- effect effect effect ary impact Total impacts areas 33 17 3 Positive impacts 17 10 Negative impacts 16 7 2 6 9 Net impact pre mitiga- 1P tion It must be pointed out that the scope of adverse impacts associated with construction of 10kilometres of a medium voltage distribution line in an otherwise low density agricultural settlement is inherently low. Thus, for the Mihingoni power distribution line, this study has identified a total of 33 impacts out of which 17 are positive. Other trends can be summarized as follows:- • Only 16 negative impacts are likely to be occasioned by the proposed construction and operation of the 10.6 kilometres of power distribution line as proposed and, all are observed to be of low severity. 42 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. • Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 adverse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency ie, they have potential to aggravate an already existing problem. • The project has a marginal net positive impact pre mitigation which will require to be enhanced through adoption of an effective impact mitigation strategy. Presentation of impacts: From this analysis, it is apparent that the bulk of adverse impacts (Ns) will manifest at the construction stage while most benefits (Ps) will be realized during the operation phase. In line with this trend, impact mitigation will be targeted more on the construction phase activities. Without exception, all adverse impacts have potential to occasion secondary impacts and thus merit mitigation. For purposes of this study, impact prediction has captured the four core phases of the proposed develop- ment namely;-design, construction, operation and decommissioning phases. Similarly, impacts analysis as presented in Table 7.1 has captured and followed all the four phases of the project. Brief highlight of im- pacts at each stage of the project are presented in sections below. 7.2.2 Impacts at Design Stage Positive Impacts of design Stage: Generally, the design phase is associated with positive impacts mainly manifested through creation of business opportunities for professionals involved in the design work, support staff hired in the enumera- tion survey, etc, while the country benefits from generation of additional planning data which will influ- ence policy decisions within long time frames. Certainly, the database compiled from design report will find consumption far beyond the confines of this project. Adverse impacts at Design Stage: Adverse impacts would mainly be manifested through site disturbances and accidents associated with field survey work. 43 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Table 7.1: Matrix for impact prediction and interpretation Project Phase Source of Potential Impact Severity Persistence Trigger to second- Triggers to cumu- Impact * ary impacts lative impacts Design Stage Design Stud- Creation of temporary opportunities for gainful P Short-term ies, field employment surveys and Generation of additional site-specific data P Long-term inventories /study reports Capacity building and sensitization P Long-term Minor accidents during survey work N Short-term Reversible Minor Construction Supply of Business opportunities in supply and transport P Short term Phase materials of construction materials Generation of GHG in the transportation of N Short-term Reversible Climate change and GHG build-up construction materials impacts Road hazards in material transportation N Short-term Reversible Irreversible impacts Traffic build up impacts Construction Short-term opportunities for business and em- P Short-term work ployment in construction Revenue to GoK and Local Authorities through P Short-term taxes Opportunity for change P Long-term Damage of property (tree crops) from ROW N Long term Reversible Escalating poverty Can aggravate corridor poverty Deforestation and loss of Carbon sink from N Long-term Reversible GHG build-up Aggravates a glob- felling trees al concern Occupational health and safety concerns for N Short-term Reversible Impacts of injuries None construction crew and occasional death Solid wastes from construction activity N Short-term Reversible Littering, injuries, Solid waste is a etc growing problem Loss of nesting grounds for avifauna, bees, and N Long-term Reversible Risks to pop stabil- Increasing loss due dry season fodder from tree removal ity to human en- croachment Impact on existing and future infrastructures 2N Long-term Reversible Higher costs in ser- Least Concern vice delivery Operation Presence of Economic gains from improved and stabilized 2P Long-term The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Project Phase Source of Potential Impact Severity Persistence Trigger to second- Triggers to cumu- Impact * ary impacts lative impacts Phase powered power supply lines Enhanced delivery of services in medicare, edu- 2P Long-term cation, admin, telecommunication, etc Financial gains in oil to electricity substitution, P Long-term and elimination of maintenance costs for diesel engines, etc Employment creation, reduced cost of invest- 2P Long-term ment Cutting down on GHG emissions due to petro- 2P Long-term leum to electricity substitution Reduction in solid waste from lead acid batter- P Long-term ies, dry cells, candle residues, waste oil/ spares from gensets etc Adverse Exposure to Electromagnetic fields (EMF) N Long-term Irreversible Hazards to public Increasingly a impacts health problem world- from wide charged high Impact on avifauna and other wildlife from N Long term Reversible Risks to population Cumulative voltage presence of charged cable s stability power dis- Permanent visual intrusion into space 2N Long-term Irreversible Rare Intrusion by pow- tribution er distribution lines lines a growing problem Disincentive on use of other Renewable Energy 2N Long-term Reversible A growing problem Sources e.g. RETs Net environmental worth of 17P (17 positive outputs, mainly long-term), Some adverse impacts irreversible the project pre-mitigation 16 (16adverse outputs, 9 long-term, 3 irreversible), Net score=1P (Marginal positive impact before mitigation) *N=low adverse impact; 2N=moderately severe impact; 0= no impact; P=positive impact, 2P= significantly positive impact. 45 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 7.2.3 Positive Impacts at Construction Stage (i)Creation of business opportunities: The proposed distribution lines will comprise of 10.6 km of conductors and 5 transformers supported by 126 poles. Construction work will therefore entail some modest investment estimated at Ksh 9.468 mil- lion; the bulk of which will go into procurement of construction materials and hiring of the contractor. Construction of the distribution line will thus open up extensive trade opportunities while other economic benefits will accrue through creation of employment opportunities for both skilled and semi-skilled labour engaged in construction. At local level, communities will benefit from short-term employment opportuni- ties in the construction activity. (ii)Creation of opportunity for change: Relocation of buildings and property from the right of way has destabilizing effects to PAPs. However, the same process provides opportunity to occasion changes such as the need to regularize land and proper- ty subdivisions and transfers, the need to settle boundary disputes, the need to formalize inheritance etc which in the long-run provides a stronger foundation for economic growth. 7.2.4 Negative impacts at Construction Stage (i) Impacts associated with removal and lopping of trees in the right of way: By design, 33 kV power distribution lines require little in terms of way leave in which case, their con- struction does not entail extensive removal of trees and structures. However, the requirement that all trees underneath power distribution lines be removed to avoid incidence of accidents from powered lines has impacts as follows:- Loss of livelihood: On farm trees are part of the family capital and productive resources which generate cash income upon harvesting and sale or from harvesting of fruits. Thus premature felling as occasioned by construction of power distribution lines represents a major loss on the side of the farmer who has spent resources to nature the trees. In some cases, some families have no hope of ever benefitting from the pro- posed power supply in which case, removal of their trees without adequate compensation pushes them further into poverty. For trees such as the coconut which occurs extensively in the traverse area, removal of the top part-the only productive part of the tree renders it agriculturally useless. The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Plate 7.1: Single stemmed coconut trees bear fruits from the crown only Degradation of habitat for fauna and flora biodiversity: Removal of tree cover in a marginal climatic potential area interferes with the survival of dependent vegetation due to loss of shade, stemflow, nutrient cycling and other ecological support functions performed by mature trees. Further, removal of mature seeding trees undermines the self-perpetuating capacity of affected species which in addition to loss of nesting grounds for insects and avifauna, fodder and forage for browsers, shade and shelter etc, has criti- cal implications to the health of wildlife populations (see plate 7.2). Plate 7.2: Removal of trees implies loss of nesting grounds for birds (iii) Emission of atmospheric pollutants during material transport: 47 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. This ESIA assumes that all material to be used in building the power distribution line will be sourced lo- cally as a way of cutting down on carbon miles. Irrespective of this, transportation to the point of con- struction will involve burning of fossil fuels and attendant release of GHC gases into the atmosphere. The greater the distance travelled, the more the GHG released. Thus transporting 126 wooden poles (about 44 tons) will require 2 trips by 20 tonne trucks each of which will cover close to 900 kilometres (assuming sourcing in Nairobi) implying that pole transport alone could consume close to 500litres of diesel fuel. It is generally accepted that any carbon fuel emits 3.15 times its own weight of carbon dioxide when burnt (Bliss, J., 2008) implying, that transport of construction materials (poles and conductors) alone will con- tribute close to 4 tonnes of carbon dioxide alone, exclusive of other known pollutants such as nitrogen oxides and particulate matter. This represents a huge cost to the atmospheric environment. (iv) Hazards associated with transport and delivery of construction materials: Construction of 10.6 km of power distribution line with require about 126 poles and several rolls of concoctors all of which will be transported by road whose transportation raises concerns in terms of impact on local roads and safety of other road users (see plate 7.3). Plate 7.3: Transport of construction materials has potential to underline safety of other road users (v) Concerns in the storage of construction materials and components: Privatization of services in construction of power distribution and distribution lines in Kenya have created a huge demand for trans- formers, conductors etc which poses huge challenges in the management of such stores given the increas- ing cases of theft of the same. Against such a background, the storage of power distribution materials worth millions of shillings can easily escalate incidence of crime whereby resultant searches and arrests serve only to antagonize the project from host communities. (vi) Occupational Health and Safety impacts on workers: Construction, testing and commissioning of electric power distribution lines exposes workers to multiple occupational hazards such as injury or loss of life from accidental falling, motor accidents, electrocution, etc which are costly to both affected fami- lies in terms of loss of income and the government through loss of productive labour and increased de- pendency. Though such risks prevail only during the construction phase, their impacts can be long lasting depending on the degree of injury sustained. 48 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. (vii) Generation of construction waste: Junk in form of scrap metal, plastics, pvc cords, etc will be generated from construction activity. Such waste, estimated at 10% of all construction materials has po- tential to pose environmental challenges unless appropriately disposed. 7.2.5 Impacts at the Operation Phase Extension of the distribution lines is potentially very beneficial especially on economic and environmen- tal fronts. We highlight some of the benefits here below. Creating opportunities to promote economic growth: Energy is identified as one of the infrastructural enablers of the three “pillars” of Vision 2030 and in Ken- ya only 4% of the rural population has access to electricity, the rate of economic development must re- main understandably low. Kenya is therefore expected to use more energy in the commercial sector on the road to Vision 2030 and as incomes increase and urbanization intensifies, household demand for ener- gy will also rise. The challenges facing the power sub-sector include a weak power distribution and dis- tribution infrastructure, high cost of power, low per capita power consumption and low countrywide elec- tricity access. Preparations have been made to meet this growth in demand for energy under the Vision as follows:- • The government has continued to finance extension of electricity supply in the rural areas as part of the basic infrastructure to stimulate economic growth and employment creation. This is intend- ed to increase electricity access in rural areas currently at 4% to 12% by the year 2012. • The Kenya Electricity Transmission Company-KETRACO has been created with full mandate to expand the electricity distribution grid and the government is also encouraging the Kenya Power and Lighting Company to adopt affordable connection policies so as to boost the number of cus- tomers in the rural areas. • A Rural Electrification Authority charged with the mandate of implementing the Rural Electrifi- cation Programme came into operation in July 2007. In addition, Ethiopia and Kenya have under- taken a feasibility study and secured financing to facilitate the transfer of electricity to Kenya from a number of large Ethiopian hydropower projects that provide power at lower costs com- pared to that generated locally. Against this background, construction of the proposed Mihingoni power distribution line is seen as a posi- tive intervention towards implementation of GOK strategies for economic growth especially in rural are- as. Positive benefits will manifest as follows:- • Provision of electric power will open up market centres to investments such as engineering ser- vices, welding, banking, computer services, etc that are difficult to provide in absence of electric power. • Electricity supply to rural centres will widen opportunities for gainful employment, human re- source development and rural commerce all of which are recipe for rural transformation. • Once connected to power supply, some institutions such as schools and water supply projects cur- rently relying on diesel-based generators and pump sets will now shift to a relatively cheaper, cleaner and more reliable energy source and in the process, cut down on financial strains imposed by purchase of diesel fuels. In the process, schools taking advantage of continuous supply of elec- tricity will light for longer hours and thus mount more aggressive study/tuition programmes thus greatly improving on quality of delivery of education. • Similarly, health institutions connecting to power distribution networks will be able to adopt power driven technologies and thus widen the array of services –imaging, immunization, sterili- zation, theatre, etc, hitherto difficult to provide. 49 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. • Improved lighting in homes will motivate school / college going students to comfortably under- take evening studies, and women and men will gain some precious time for themselves to extend income generating work into the evening hours. • Use of electricity for lighting and heating will also improve quality of indoor ambient conditions thus improving the health of the people. Cutting down on smoke and GHG emissions: Within some urban households, supply of electric power could see a possible reduction in use of biomass energy such as charcoal and firewood for cooking and heating through adoption of electric stoves and other energy saving appliances thus improving domestic air quality with a possible impact on family health. However, owing to economic and social considerations (type and quality of meals), most rural folk connecting to electricity still opt for charcoal and firewood in cooking instead only preferring to use elec- tricity for lighting and watching television. Thus, substitution from petroleum fuels to electricity will im- mediately cut down smoke emitted from burning of fuels (in lighting, heating and motion) and thus im- prove on air quality for local residents including those operating the gen-sets. Cutting down on waste oils and spares: Routine operation and maintenance of diesel engines releases waste oils, spares etc, all of which are envi- ronmentally hazardous especially when in contact with water. The phasing out of diesel engines upon substitution to electricity will go some way towards eliminating environmental pollution associated with operation of diesel powered engines. 7.2.6 Adverse impacts from powering and operating the distribution line Operation of the close to 10.6 kilometers of power distribution lines has numerous socio-environmental benefits as enumerated above. However, for such benefits to be felt down to all intended beneficiaries there is need to insure against trends and actions with potential to trigger adverse impacts that can erode accrued benefits. Such potential adverse impacts and their causes are briefly highlighted here below. Influence on land-use/ future development: Like any other infrastructure, installation of power distribution lines has a strong influence on any future development. Thus, given that power distribution lines normally follow existing way leaves, improper siting has potential to complicate or compromise future development-especially road expansion. This has been identified as a potential source of conflict with the roads sector. The Roads Act 2007 currently iden- tifies the Roads Sector as the custodian of all road reserves which requires their total consultation in any proposed utilization of the road reserve. Visual intrusion effects: Construction of a distribution line with 10-14 m high poles supporting conductors where none existed before will change entire landscapes and introduce visual obstacles where none existed before. This can be frustrating to local residents who will have to get used to changed neighborhoods and possibly trends. Disincentive on use of other energy sources e.g. RETs: It is the Policy of the Kenya Government to encourage use other RETs (Renewable Energy Technologies) such as solar converters, wind-driven generators, etc to supplement supply of grid elecrtricity whose sup- ply is inadequate to meet peak demand. However, the practice in Kenya is for such practice to be aban- doned once connection to grid electricity is assured. As such, in a country whose firm generation capacity is inadequate to meet the demand, supply of grid electricity provides a strong dis-incentive against explo- ration of other, equally viable options for lighting and heating in rural areas. This is a long-term trend whose reversal requires intervention at policy level. 50 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Impacts on avifauna: Birds world-over are ever in danger of death and injury from electrocution and collision with bare con- ductors but the problem is more pronounced on transmission lines and towers of 25 m height and above. Thus whenever bare conductors are used in power transmission, the spacing would be critical as this would affect the lives of birds and especially those with a wide wingspan. The latter are usually fewer and run a higher risk of elimination due to either habitat destruction or other forms of killing and intro- duction of bare conductors thus increases threats to survival. 7.2.7 Core concerns about the project From analysis undertaken elsewhere above, potential adverse impacts from the proposed road construc- tion are quite modest and of low to moderate severity ranking. Towards attempting mitigation, two ad- verse impacts however stand out as follows:- • Project will displace trees and hence occasion some modest but fundamental economic and eco- logical impacts. • The project is likely to occasion conflict with the Roads Act 2007 over utilization of road re- serves. Impacts however, have readily available means for mitigation and would therefore not stand in the way for project implementation. An impact mitigation programme is outlined in sections below. 51 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 8 CHAPTER EIGHT: THE ENVIRONMENTAL MANAGEMENT PLAN 8.1 Overview This chapter outlines the environmental and social management strategy to be pursued in the de- velopment and operation of proposed power distribution lines. The strategy comprises of the fol- lowing:- • An Impact Mitigation Plan • An Environmental and Social Monitoring Plan 8.2 The Impact Mitigation Plan Preparation of this Project Report has preceded project implementation in which case, recommendations made here-in have a fair chance of being incorporated into and influence final outcome of the project de- sign process. This study recommends that findings be incorporated into project design as a core mitiga- tion strategy. Towards mitigation of specific impacts, action will be taken as allowed for in Table 8.1 be- low. 8.3 Mitigation at design stage The design stage is crucial to impact mitigation for any project. Firstly, at the design stage, projects enjoy unlimited flexibility with possibility of modifying design aspects associated with adverse impacts. As such, many potential impacts can easily be offset through modification of the project design. In the case of proposed power distribution lines, REA should take advantage of the design stage to engage road sec- tor stakeholders to mutually agree on modalities of using the road reserve. Such an action will forestall conflict over use of the same space during construction and operation of the power distribution lines. As well, the design stage allows for identification and commitment of resources towards impact mitiga- tion. It is thus hoped that, at this point, REA will identify and commit resources towards compensating farmers for property to be displaced by the proposed power distribution line project. 8.4 Mitigation at construction stage 8.4.1 Mitigation of impacts associated with tree removal Mitigation will principally aim at minimizing the number of trees to be removed which will require route alignment to avoid areas of concentrated trees. • Where tree removal is inevitable, prior approval will be obtained from the County Agricultural Officer in line with the Agriculture (Farm Forestry) Rules 2009. • REA will pay just compensation to affected farmers. • REA facilitate replacement of all lost trees will be replaced so as to rebuild cover vegetation, as- sociated biodiversity and carbon sinks. REA should arrange with relevant sectors to mount an outreach programme targeting reforestation to conserve and restock lost biodiversity while im- proving general standing woody biomass. Funds should be set aside to support recreation of at least 10 ha of woodlots comprised of fruit trees, agroforestry trees (casuarinas, grevillea and in- digenous spp) as will be removed from the ROW. This may take the form of funds set aside to purchase tree for issue to schools or institutions with land to spare for reforestation. 8.4.2 Mitigation of potential conflict in the use of road reserves The Roads Act 2007 identifies the Roads Sector as bona fide custodian of road reserves in Kenya. How- ever, given that road reserves have traditionally also accommodated other public infrastructure, there is need to formulated a mutually acceptable code of practice to facilitate coexistence between roads and oth- 52 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. er infrastructure. The same will require to be sealed in law in the longrun. In the interim, all sectors target- ing to use road reserve for infrastructure development should engage with relevant road sector stakehold- ers (KeNHA, KeRRA and KURA) at the planning stage. 8.4.3 Management of Occupational Health and Safety Hazards Though the scale of the proposed construction is small, it will involve climbing poles to mount electrical conductors and insulators which coupled with activities associated with commissioning of powered lines are wrought with high inherent risks of accidents. Mitigation will be undertaken as follows:- (i) Health and Safety requirements: The Contractor shall do everything in his power to secure the safety of his crew, third parties and this property. Specific to occupational health and safety, the Contractor shall comply with all standard and legally required health and safety regulations as promulgated by OSHA 2007 and the Factories and Other Places of Work Regulations and shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. The- se situations include, but are not limited to: accidents at the work place including wildlife invested areas, accidental fires; accidental leaks and spillages and vehicle and plant accidents. Specific to accidents at work place:- • The Contractor shall also ensure that the necessary equipment for work in hazardous area – protective boots, PPEs, helmets, etc are provided. • The Contractor shall provide a standard first aid kit to field staff; • The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities; • All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected; • Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions; • No unauthorized firearms are permitted on site. 53 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Table 8.1: Matrix for impact mitigation Project Source of Potential Impact Severity Mitigation Impact after Phase Impact mitigation Design Stage Design Stud- Creation of temporary opportunities for gain- P ies, field sur- ful employment veys and in- Generation of additional site-specific data P ventories /study reports Capacity building and sensitization P Minor accidents during survey work N Deploy competent staff 0 Construction Supply of ma- Business opportunities in supply and P Phase terials transport of construction materials Road hazards in material transportation N Contractor to observe the Highway Code 0 Construction Short-term opportunities for business and P work employment in construction Revenue to GoK and Local Authorities P through taxes Opportunity for change P Damage of property (tree crops) from ROW N Provide just compensation for any loss P corridor Generation of GHG in the transportation of N Reduce distances covered in material sourc- N construction materials ing Occupational health and safety concerns for N Deploy sober, competent crew with super- N construction crew vision. Provide PPEs. Solid wastes from construction activity N Apply the 3 Rs concept. 0 Impact on existing and future infrastructure 2N REA to consult road sector stakeholders in N the design and construction of power distri- bution lines in road reserves Operation Presence of Economic gains from improved and stabilized 2P Phase power distri- power supply bution lines Enhanced delivery of services in medicare, 2P education, admin, telecommunication, etc Financial gains in oil to electricity substitution, P and elimination of maintenance costs for die- sel engines, etc Employment creation, reduced cost of in- 2P The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Project Source of Potential Impact Severity Mitigation Impact after Phase Impact mitigation vestment Cutting down on GHG emissions due to petro- 2P leum to electricity substitution Reduction in solid waste from lead acid bat- P teries, dry cells, candle residues, waste oil/ spares from gensets etc Adverse im- Exposure to Electromagnetic Fields (EMF) N Threat not fully appreciated N pacts from Impact on avifauna and other wildlife from N Use of insulted conductors 0 charged high presence of charged cables voltage power Permanent visual intrusion into space N Adoption of insulated conductors which are N distribution compatible with trees lines Hazards in attempted vandalism of trans- 2N Public sensitization camping N formers Disincentive on use of other Renewable Ener- N REA to mount efforts to promote alterna- N gy Sources e.g. RETs tives to grid power Net environmental worth of the 17P (17 positive outputs, mainly long-term), 18P (18 positive outputs, mainly long-term), project pre-mitigation 16 (16adverse outputs, 9 long-term, 3 irreversible), 8N (8 adverse(irreversible) outcomes Net score=1P (Marginal positive impact before mitiga- Net score=10P (Major positive impact after mitigation) tion) 55 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. (ii) Fire prevention and control: The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site. Activities are specified as follows:- • The Contractor shall ensure that there is basic fire-fighting equipment available on site; • Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires; • Hot’ work activities shall be restricted to a site approved by the RE; • Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall in- clude any areas (e.g. bushlands) where vegetation or other material can make liable the rapid spread of an initial flame. • The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to regular fire prevention talks and drills and, posting of regular reminders to staff. • Any fires that occur shall be reported to the RE immediately and then to the relevant authorities; • In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control; • Costs incurred through fire damage will be the responsibility of the Contractor, should the Con- tractor’s staff be proven responsible for such a fire. (iii) Control of Solid Waste: All storage and construction sites are to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, metallic waste, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimize waste and develop a waste management plan to include the follow- ing:- • All personnel shall be instructed to dispose of all waste in a proper manner; • At all places of work the contractor shall provide litter collection facilities; • The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders; • The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis; • Wherever possible, materials used or generated by construction shall be recovered at the conclu- sion of each task for safe disposal including recycling. • Provision for responsible management of any hazardous waste generated during the construction works. (iv) General materials handling, use and storage: All materials shall be stored within the Contractors camp unless otherwise approved by the RE; • Stockpile areas shall be approved by the RE; • All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE; • The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required; 56 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. • Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product; • Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydro- carbons or hazardous liquid substances to ensure no contamination from any leaks is reduced; • Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner; • Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected. 8.4.4: Management of Health and Safety Hazards within institutions and market centers All construction work within school compounds will be confined to non-school days including week ends. At all times however, the Safety Code promoted by the KPLC will always be observed by the Con- tractor. 8.4.5 : Modalities for conflict resolution In every administrative location within the traversed, the contractor will seek to enlist 2 respected village elders who will resolve all disputed associated with the power distribution line. This is the same team who will mobilize the community towards a final handing over meeting where all outstanding disputes will be addressed before the Contractor hands over the project. The Final payment will only be released upon submission of minutes from the final handover meeting showing clear attendance and signed by the said elders’ teams. 8.5 Mitigation of Impacts at Operation Stage Proposed mitigation activities at this stage are focused on minimizing hazards associated with presence of electricity. Hazards of electrocution, fire outbreak etc cannot be eliminated entirely. However, profession- al design and implementation of electricity supply schemes coupled with implementation of a public sen- sitization campaign will greatly reduce incidence of accidents. Towards promoting use of RETs: Towards ensuring that supply of electric power does not discourage use of other RETs, solutions can only be sought at policy level. However, adoption of a pricing mechanism that provides electricity consumers with incentives to conserve grid power through adoption of available conservation packages including use of RETs is one option towards sustaining the search for alternatives. Indeed, the disincentive towards search for other energy alternatives is the main drawback associated with supply of electricity. It is a drawback that has no readily available means for mitigation currently. Mitigating impacts of electrocution: Accidental electrocution is mainly mitigated through reservation and maintenance of the wayleave. REA will undertake routine maintenance of the ROW to clear all vegetation and settlements. All power poles will be girdles with spiked wire to discourage climbing and will be fitted with warning (Hatari) signs to alert all to the danger posed by presence of charged power lines. 8.6 Effectiveness of the Mitigation programme 8.6.1 Viability of Mitigation Effectiveness of the proposed mitigation programme has been assessed based on analysis of impact preva- lence before and after mitigation (Table 8.2) based on this analysis, this Environmental and Social Impact Assessment Study observes that, there is a great potential to mitigate adverse impacts and hence improve 57 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. the net worth of the proposed distribution lines. From Table 8.2, it is apparent that application of mitiga- tion measures as identified and recommended has potential to reduce tally of adverse impacts (Ns) from 16 to 8 while simultaneously increasing the positive ones (Ps) from 17 to18. Thus, subtracting the Ns from the Ps gives an overall net tally of 10P implying a very positive net impact after mitigation. Table 8.3: Analysis of impacts scenario before and after mitigation Nature of impact Pre-mitigation tally Post-mitigation tally Positives 17P 18P Negatives 16N 8N Net 1P 10P Residue impacts 8N Irreversible adverse impacts 3 3 Overall, the proposed project enjoys a highly positive benefits profile as it will strongly support initiatives towards poverty alleviation and reversal of environmental-degradation both of which are critically im- portant policy aspirations of the Kenya Government. This Study recommends that project development should proceed but factor in the mitigation measures recommended herein. Implementation of this EMP will however require close follow-up and scrutiny to ensure achievement and substance of this esteemed net positive profile of the project. Requirements for monitoring are explored below. 8.6.2 Prevalence of residue impacts This study observes that 8 of the 16 adverse impacts associated with the project will persist even after mitigation. These are the impacts whose probability can be reduced substantially through mitigation but cannot be eliminated entirely. Their management requires implementation of a strict monitoring pro- gramme as outlined elsewhere below. 8.6.3 Management of decommissioning Design of power distribution lines assumes an economic life of 25-30 years for wooden poles and 40 years for distribution cables which imply that, at some point, the system will require to be decommis- sioned either in whole or by components. Concerns associated with decommissioning would include oc- cupational health and safety hazards, accumulation of scrap metal waste, electrical conductors, insulators and other components which apart from taking up productive space would also pose diverse hazards (health and safety, harboring of vermin, etc) to local inhabitants and their property. The EMP unveiled below has explicit requirements for management of decommissioning phase impacts. 8.7 Monitoring requirements 8.7.1 The concepts Monitoring involves the collection and analysis of data about project activities. The data should be easy to collect and easy to understand. The focus of monitoring is to use the knowledge gained to correct and ad- just project implementation and management in order to achieve project objectives. Monitoring allows project participants to keep track of project activities, to determine whether project objectives are being achieved, and to make whatever changes are necessary to improve project performance. To be successful, monitoring begins with clear project design followed by identification and elaboration of appropriate criteria and indicators. This document provides guidance about incorporating monitoring and evaluation elements in each stage of the project cycle. 58 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Indicators and means of verification in M&E: Indicators form the key elements of any monitoring and evaluation system. The advantage of identifying indicators is that it provides management and staff with a clear set of targets at each level of performance and ensures that progress can be measured against the targets. Indicators also make possible the comparison of inputs with the completion of outputs and achievement of objectives and goals, thus providing the basis for performance evaluation. For purposes of this Project Report, indicators have been formulated to facilitate monitoring of compliance in implement- ing the project. 8.7.2 Procedure for M&E in the development and operation of proposed power distribution line Table 8.3 below provides the matrix of Environmental Management Plan as proposed for the develop- ment of a 33kV distribution line. From this plan, it is clear that most mitigation activity will take place at the construction stage having been allowed for at the design stage. This study recommends this EMP to be applied further as follows:- (i) The ESMMP will be integrated into the Design Report- as a standalone chapter and also to mod- erate design decisions (ii) Further, it will be integrated into the BOQs to ensure funding allocation of environmental and so- cial mitigation. (iii) Ultimately, Contracts for Construction will bear clauses from the EMP to ensure that the contrac- tor is legally bound to implement impact mitigation The EMP in table 8.2 provides a detailed framework of issues, indicators and responsibilities in monitor- ing the project. 59 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Table 8.4: Matrix for Environmental and Social Management and Monitoring (ESMMP) Project Phase Source of Potential Impact Mitigation measures Budget Responsible Objectively Verifia- Monitoring * Impact (Ksh 000) Cost Head ble Indicators Authority Design Stage Design Stud- Creation of temporary opportunities for ies, field sur- gainful employment veys and in- Generation of additional site-specific data ventories /study reports Capacity building and sensitization Minor accidents during survey work Deploy competent staff Exercise already completed Construction Supply of ma- Business opportunities in supply and Phase terials transport of construction materials Road hazards in material transportation Transporters to follow highway Contract for Contractor Ditto REA Board of code material Management supply (BOM) Construction Short-term opportunities for business and work employment in construction Revenue to GoK and Local Authorities through taxes Damage of property (tree crops) from ROW Just compensation for all dis- 500 REA Negotiated agree- REA BOM corridor placed assets ments with PAPs REA to support local reforesta- 500 REA No of seedlings REA BOM tion projects raised and planted Generation of GHG in the transportation of Reduce distances covered in Contract for Contractor Clause in contract REA BOM construction materials material sourcing material for design, supply Occupational health and safety concerns for Deploy sober, competent crew Contract for Contract for Clause in contract REA BOM construction crew with supervision. Provide PPEs. Construction Construction for construction Solid wastes from construction activity Apply the 3 Rs concept. Contract for Contract for Clause in contract REA BOM construction Construction for construction Mitigation of conflict over use of road re- REA to consult road sector Internal REA Clause in the REA REA BOM serve stakeholders in the design and budget code Service Char- construction of power distribu- ter 60 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Project Phase Source of Potential Impact Mitigation measures Budget Responsible Objectively Verifia- Monitoring * Impact (Ksh 000) Cost Head ble Indicators Authority tion lines in road reserves Law review to allow legally co- Internal REA Draft Bill or Regula- REA BOM ordinated multiple use of road budget tions reserves Operation Presence of Economic gains from improved and stabi- Phase powered lines lized power supply Enhanced delivery of services in medicare, education, admin, telecommunication, etc Financial gains in oil to electricity substitu- tion, and elimination of maintenance costs for diesel engines, etc Employment creation, reduced cost of in- vestment Cutting down on GHG emissions due to pe- troleum to electricity substitution Reduction in solid waste from lead acid bat- teries, dry cells, candle residues, waste oil/ spares from gensets etc Adverse im- Exposure to Electromagnetic Fields (EMF) Threat not fully appreciated but pacts from small for low voltage lines charged high Impact on avifauna and other wildlife from Use of insulated conductors Contract for Contract for Clauses in design REA BOM voltage power presence of charged cable s supervision supervision report and contract distribution Hazzards in attempted vandalism of trans- REA to mount community sensi- Internal REA No of sensitization lines formers tization campaign budget meetings held Disincentive on use of other Renewable Outreach programme to pro- Internal REA Internal Ditto REA BOM Energy Sources e.g. RETs mote alternatives to grid power budget budget 61 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 8.7.3 Requirements for Compliance Monitoring Compliance monitoring will be mainstreamed into the overall project monitoring system. Compliance monitoring will be based on the ESMMP (Table 8.2) and will mainly vest on three institutions namely the REA in the capacity of Employer, ERC in the capacity of regulator in the power sector and NEMA in the capacity of environmental regulator. The roles of all stakeholders in facilitating achievement of project goals are enumerated in sections below. Tools will be used for monitoring as follows:- • Completion certificates issued by the Resident Engineer (Supervisor of Works) on behalf of the REA • REAs internal monitoring reports • Monitoring reports submitted to NEMA annually • Monitoring reports produced by the ERC in capacity of regulator in the power sector. Overall, the responsibility for securing overall soundness and viability of the project vests with the REA in the capacity of proponent and employer in this project. 8.8 Roles and Responsibilities in implementing the EMP This Environmental and Social Impact Assessment identifies several crucial players in executing im- pact mitigation measures for the proposed development of 33 kV distribution line. They include:- The Design Engineer: The design stage of the project is crucial as the point when mitigation measures are inbuilt into the project design and those with financial implications allowed for in the BOQs. Given this consideration, the Design Engineer plays a very crucial role in incorporating find- ings from the environmental assessment into the project design and ensuring compliance by contrac- tors. The Project Contractor(s): For purposes of this ESIA, the Project Contractor will play the crucial role of offsetting impacts associated with construction activities including those along the material supply chain. Employment of professionally competent contractors is therefore crucial to achievement of the goals of this ESIA. Clauses binding the contractor to implement impact mitigation in course of civil works will be inbuilt into the Contract for Works and subsequently supervised by the Design En- gineer. REA: In the capacity of Employer in the project, REA has overall responsibility of securing the tech- nical and economic viability of the REP in line with performance contract and national policy aspira- tions. REA will also ensure that the proposed project complies with all statutory requirements. The National Environment Management Authority-NEMA: EMCA 1999 allows for formation of the National Environmental Management Authority NEMA as the body charged with overall coordi- nation of environmental protection in Kenya. To fully pursue this mandate, NEMA has gazette Legal Notice 101 of June 2003 which among others require that Annual Audit reports be filed for any pro- ject granted Environmental Licensing by the Authority. In line with this regulation, audit reports in respect of this power distribution line will be filed by REA annually. The Electricity Regulatory Commission (ERC): Among many functions, the ERC is mandated to license and undertake technical audit of activities of all players in the Power Sector in Kenya and is therefore a crucial stakeholder in the power sector. The Standards Act, Chapter 496 of the Laws of Kenya, empowers the ERC to enforce safety regulations and to ensure that electrical apparatus and works meet the standards set by the Kenya Bureau of Standards or, where no such standards exist, with the relevant international standards approved by the Kenya Bureau of Standards. 62 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 8.9 Budget for Environmental and Social Mitigation A total of Ksh One million (1,000,000) will be required to finance both social and environmental mit- igation of the project. 63 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 9 CHAPTER NINE: CONCLUSION AND RECOMMENDATIONS 9.1 The Project The subject of this Project Report is the proposed proposed 10.6 km Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line being developed by the Rural Electrification Authority-REA on behalf of the Kenya Government. The Report has been prepared for REA by Repcon Associates in compliance with the Environmental Management and Coordination Act, 1999 and in line with Legal Notice No. 101 of June 2003. The report examines the project in terms of the proposed investments, possible adverse impacts at both construction and operation phases and provides an Environmental and Social Management Plan (ESMP) entailing both an Impact Miti- gation and Monitoring Programme. 9.2 Study Methodology pursued The systematic investigative and reporting methodology specified for development of Project Reports by Legal Notice 101 of EMCA was adopted in this Study. Baseline data on project design was gener- ated through discussion with the client and review of project documentation. Opinions formed were revalidated through field work entailing site investigations and interviews with potentially affected people and other stakeholders. To identify, predict, analyze and evaluate potential impacts that may emanate from the project, di- verse study methods and tools including use of checklists, matrices, expert opinions and observations were employed. An Environmental and Social Management Plan comprising an impact mitigation plan and a monitoring plan were then developed to guide environmental management during all phas- es of project development. 9.3 Findings from the Study 9.3.1 Overview of impacts It must be pointed out that the scope of adverse impacts associated with construction of 10kilometres of a medium voltage distribution line in an otherwise low density agricultural settlement is inherently low. Thus for the proposed Mihingoni power distribution line, this study has identified a total of 33 impacts, 17of which are positive. Other trends in impacts are as follows:- • Only 16 negative impacts are likely to be occasioned by the proposed construction and opera- tion of the 10 kilometres of power distribution line as proposed and, all are observed to be of low severity. • Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 ad- verse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency ie, they have potential to aggravate an already existing prob- lem. • The project has a marginal net positive impact pre mitigation which will require to be en- hanced through adoption of an effective impact mitigation strategy. 9.3.2 Nature of the Potential positive impacts anticipated Positive implications of the project emanate from its potential to create short-term business and em- ployment opportunities to both professional staff and workers during the design phase while, at con- struction phase, traders will benefit from opportunities to supply construction material while locals will be employed in works. Upon commissioning, the project could supply electric power to 3 schools and 5 rural trading centers where the potential to unlock business potential is real. Through adoption of electricity and cutting down on use of fossil fuels, the project has potential to favor cutting down on Green House Gas emissions to the benefit of the global climate. 64 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 9.3.3 Nature of the Potential adverse impacts/concerns Core adverse impacts could include the following:- Displacement of trees and property: By design, 33 kV distribution lines do not require land acquisi- tion to create way leaves and are also sited to avoid any standing structures. However, such power distribution lines do occasionally require that trees be removed and this presents the main adverse im- pact of the proposed project. Along the proposed 10.6 kilometer long power distribution line, it is estimated that up to 100 coconut trees could be removed along the traverse and this will translate to loss of income/ livelihood for the owners, while contributing to the alarming trend of loss of global carbon sink through deforestation. Hazards to road users: Construction activity including transport of materials to the site and erection of the power distribution line poses occupational health and safety hazard to both construction crew and third parties. Conflict over use of road reserves: Unless properly coordinated, construction of power distribution lines has recently been observed to occasion conflicts over the use of road reserves and the same can recur in regard of proposed power distribution line. Hazards posed by powered lines: Further, presence of the line changes the local landscaper and sky- line and such intrusion into space is a kind of pollution, not mentioning the perpetual hazards intro- duced by presence of a powered line. 9.4 The Environmental and Social Management and Monitoring Plan An Environmental and Social Management and Monitoring Plan (ESMMP) comprising both an Im- pact Mitigation Plan (IMP) and Monitoring Plan (MP) has been developed for the project. 9.4.1 The Impact Mitigation Plan: The bulk of impacts including nuisances, occupational health and safety issues, social impacts of con- struction crew etc are associated with construction activity and will thus cease once construction ends. Requisite intervention has been identified as follows:- Mitigation of impacts of tree removal: All proposed tree removal will have to be coordinated with County Agricultural Officers in Line with the Agriculture (Farm Forestry) Rules 2009. Further, REA will pay just and prompt compensation for all trees removed or lopped. Further, towards rebuilding lost vegetation cover, REA will identify and support a local group to raise and plant tree seedlings in the route of traverse. REA will follow and monitor progress of said trees to ensure achievement of highest survival possible. Mitigation of Health and safety impact: The Contractor will be bound in contract to implement the Code of Safety as outlined in 8.4 above. The core mitigation strategy is to optimize on construction time so as to reduce the time taken to complete all civil works. The Contractor will deploy sober com- petent staff working under competent supervisors. In addition to provision of protective gear, all workers will be covered under the Workman Compensation Scheme. Mitigation of potential for conflict in use of the road reserves: At the design stage, REA will en- gage all road sector stakeholders to agree on mutually acceptable sharing of the target road reserves but in the long run, this matter will require legal resolution. Mitigation of hazards associated with presence of a powered line: Towards curbing vandalism of the power distribution line and associated hazards, the REA will mount public sensitization cam- 65 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. paigns in the affected area and will ensure that the property is promptly handed over to the communi- ty. As well, the contractor should be held liable for all vandalism during the defect liability period. 9.4.2 Effectiveness of the Mitigation Plan Based on analysis of impact prevalence before and after mitigation it is evident that, application of mitigation measures as identified and recommended has potential to totally eliminate most impacts and greatly tone down others. However, 8 of the eighteen adverse impacts associated with the project will persist even after mitigation. These are the impacts whose probability can be reduced substantial- ly through mitigation but cannot be eliminated entirely. Their management requires implementation of a strict monitoring programme which has already been outlined within this report. 9.4.3 Total Cost in Environmental and Social Mitigation A total Ksh One Million (Ksh 1,000,000) will be required to offset the social and environmental im- pacts associated with the project. 9.5 The Monitoring Strategy The Mitigation strategy proposed is largely focused on ensuring that mitigation action will be imple- mented. Requirements for this are as follows:- vii) The responsibility for ensuring total environmental worth of the proposed project vests with REA in the capacity of proponent. Towards this, the proponent will retain and deploy the team of highly motivated environmental and social scientists to monitor and report on all stages of the project. viii) The ESMMP as outlined above be integrated into the Design Report with appropriate allocation of funds in the Bills of Quantities. ix) The Contractor will prepare routine reports which will be ascertained by the Supervising Con- sulting Engineer before Payment Certificate can be issued. x) The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. Environmental stabilization works will be covered under the defect liability period. xi) REA will mount own internal monitoring to ensure that impact mitigation has been imple- mented and will file annual audit reports with NEMA. xii) The proposed project will adhere to all other laws of the land and will seek and obtain all req- uisite statutory permits. 9.6 Recommendations of this Project Report The proposed development of a power distribution project is largely aligned to reigning GOK Policies for national development. The project enjoys a highly positive benefits profile as it will strongly sup- port initiatives towards poverty alleviation and reversal of environmental-degradation both of which are critically important policy aspirations of the Kenya Government. This Study recommends that project development should proceed but factor in the mitigation measures recommended herein.. REA in the capacity of proponent will require to closely monitoring activities especially at construction stage and simultaneously avail funds for environmental and social restoration. Our recommendation is for the project to be licensed to proceed to the next level of development. 66 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. REFERENCES 1. Foliart D. E., Pollock B. H, G. Mezei, R Iriye, J M Silva, K L Ebi, L Kheifets, M P Link, and R Kavet 2006: Magnetic field exposure and long-term survival among children with leu- kaemia. British Journal of Cancer 16; 94(1): 161-164. Cancer Research UK. 2006 2. ERB (2005): Environmental, Health & Safety Policy Framework for the electric power sub- sector. ERB Head Office, Nairobi. 3. Republic of Kenya, Ministry of Energy, 2000: Study on Energy, Demand, Supply and Policy Strategy for Households, Small Scale Industries and Services Establishments in Kenya. Min- istry of Energy, Nairobi. 4. UNEP & WMO, (1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint pro- gramme. 5. UNEP & WMO, 1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint pro- gramme. 67 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 10 APPENDICES: Appendix 1.1: Statutory registration for Repcon Associates Appendix 1.2: NEMA registration in respect of Study Team Appendix 1.3: Documents and data sources consulted Appendix 2.1: Bill of Quantities for the Project Appendix 5.1: Nairobi based consultations Appendix 5.2: Project specific consultations in Kilifi County Appendix 7.1: Third Schedule to Legal Notice 101 Appendix 7.2 : Leopold Matrix 68 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 1.1: Statutory registration for Repcon Associates 69 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 70 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 1.2: NEMA registration for Study Team 71 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 72 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 73 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 74 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 1.3: List of documents and data sources consulted 75 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. REFERENCES 1. Foliart D. E., Pollock B. H, G. Mezei, R Iriye, J M Silva, K L Ebi, L Kheifets, M P Link, and R Kavet 2006: Magnetic field exposure and long-term survival among children with leu- kaemia. British Journal of Cancer 16; 94(1): 161-164. Cancer Research UK. 2006 2. ERB (2005): Environmental, Health & Safety Policy Framework for the electric power sub- sector. ERB Head Office, Nairobi. 3. Republic of Kenya, Ministry of Energy, 2000: Study on Energy, Demand, Supply and Policy Strategy for Households, Small Scale Industries and Services Establishments in Kenya. Min- istry of Energy, Nairobi. 4. UNEP & WMO, (1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint pro- gramme. 5. UNEP & WMO, 1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint pro- gramme. 76 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 2.1: Bills of Quantities for the power distribution line 77 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 78 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 79 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 80 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 81 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 5.1 Nairobi based consultations 82 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 83 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 84 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 85 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 86 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 87 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 5.2: Project specific consultations in Kilifi County 88 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 89 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 90 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 91 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 92 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 93 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 94 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 95 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. 96 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 7.1: Third Schedule to Legal Notice 101 97 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. THIRD SCHEDULE GENERAL GUIDELINES FOR CARRYING OUT AN ENVIRONMENTAL IMPACT ASSESSMENT STUDY An environmental impact assessment study shall be conducted in accordance with the general environmental impact assessment guidelines and administrative procedures issued by the Au- thority. An environmental impact assessment study shall include the following: 1. Sources of Impact 2. Project Inputs 3. Project Activities 4. Areas of Impact on the Natural and Human Environments 5. Environmental Impacts (General Impacts on the Natural and human Environment) 6. Environmental Guidelines and Standards (National Legislation, International guide- lines. International Conventions and Treaties) 7. Mitigation Measures 8. Environmental Management Plan 9. Environmental Monitoring and Auditing. 98 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Appendix 7.2: Leopold Matrix 99 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Summary Matrix of Environmental Impact Assessment for proposed the for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 11kV power distribution line POTENTIAL IMPACTS OF PROJECT DECISION 1. Agricultural Lands a) Are there cultivable lands in the area? Yes No Unk b) Will project decision result in more or improved culti- Yes No Unk vable land? c) Will project decision result in less or damage cultiva- Yes No Unk ble land? ESTIMATE IMPACT ON AGRICULTURAL LAND: ND HA MA LA LA O LB HB 2. Soil Erosion a) Will project decision help to prevent soil loss or ero- Yes No Unk sion b) Will project decision directly cause or worsen soil loss Yes No Unk or erosion? c) Could project decision indirectly lead to practices that Yes No Unk could cause soil loss or erosion? d) Is it necessary to consult a soils scientist Yes No Unk ESTIMATED IMPACT ON SOIL EROSION: ND HA MA LA LA O LB HB 3. Slope Stability a) Does project decision involve actual modification of Yes No Unk slopes b) Will project decision affect stability of slopes indi- Yes No Unk rectly c) Will project decision result in slope stability? Yes No Unk d) Could project decision cause people livestock or Yes No Unk property to be located where existing unstable slopes could be a hazard? e) Is it necessary to consult a geo-technical engineer? Yes No Unk ESTIMATED IMPACT ON SLOPE STABILITY: ND HA MA LA LA O LB HB 4. Energy - Mineral Resources a) Do energy - mineral resources exist in project area? Yes No Unk b) Will project decision help to develop, now or in the Yes No Unk future, important energy-mineral resources? 100 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. c) Will project decision cause significant consumption of Yes No Unk additional energy -mineral resources such as engine fuels? d) Could project decision prevent or impede future de- Yes No Unk velopment of essential energy-mineral resources? e) Is it necessary to consult with a minerals agency or Yes No Unk mining engineer? ESTIMATED IMPACT ON ENERGY/ MINERAL RESOURCES: ND HA MA LA LA O LB HB 5. Surface Water Quantity a) Do surface water resources exist in project area? Yes No Unk b) Is information available on present and future de- Yes No Unk mands on water resources as result of the project? c) Will project decision help to increase or preserve Yes No Unk available surface water supplies by such things as im- proved drainage / run-off conditions? d) Will project decision increase demand or cause loss of Yes No Unk available surface water directly or indirectly? e) Is it necessary to consult a hydrologist? Yes No Unk ESTIMATED IMPACT ON SURFACE WATER QUANTITY: ND HA MA LA LA O LB HB 6. Surface Water Quality a) Is information available on present water quality? Yes No Unk b) Will project decision lead to additional natural or man Yes No Unk made discharges into surface waters? c) Will project decision help to improve or protect sur- Yes No Unk face water quality? d) Could project decision cause deterioration of surface Yes No Unk water quality either directly or indirectly? e) Is it necessary to consult a water quality engineer or Yes No Unk agency? ESTIMATED IMPACT ON SURFACE WATER QUALITY: ND HA MA LA LA O LB HB 7. Ground Water Quantity a) Do ground water resources exist in project area? Yes No Unk 101 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. b) Is information available on present and future de- Yes No Unk mands on water resources as result of the project? c) Will project decision help to increase or preserve avail- Yes No Unk able ground water supplies by such things as improving recharge conditions? d) Will project decision increase demand or cause loss of Yes No Unk available ground water either directly or indirectly? e) Is it necessary to consult a hydrogeologis? Yes No Unk ESTIMATED IMPACT ON GROUNDWATER QUALITY: ND HA MA LA LA O LB HB 8. Ground Water Quality a) Is information available on present water quality? Yes No Unk b) Will project decision cause any natural or man made Yes No Unk discharges into ground aquifers? c) Could project decision cause deterioration of ground Yes No Unk water quality? d) Could project decision cause deterioration of ground Yes No Unk water quality either directly or indirectly? e) Is it necessary to consult a ground water quality spe- Yes No Unk cialist? ESTIMATED IMPACT ON GROUND WATER QUALITY. ND HA MA LA LA O LB HB 9. Air Quality a) Is information available on existing air quality? Yes No Unk b) Will project decision produce any air emission directly? Yes No Unk c) Will project decision help to reduce existing air pollu- Yes No Unk tion sources such as open burning operations? d) Could project decision lead to practices that worsen air Yes No Unk quality such as causing increased road traffic or indus- trialization? e) Could project decision lead to a change in engine use Yes No Unk or fuel combination that could cause serious air prob- lems? ESTIMATED IMPACT ON AIR QUALITY: 102 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. ND HA MA LA LA O LB HB 10. Noise a) Is noise now a problem in project area? Yes No Unk b) Will project help in reducing undesirable noise condi- Yes No Unk tions? c) Will project cause temporary or sustained increases in Yes No Unk noise generation conditions such as heavy machinery or road travel? d) Could project cause movements of people to high noise Yes No Unk level locations? e) Is it necessary to consult a noise specialist? Yes No Unk ESTIMATED IMPACT ON AIR QUALITY: ND HA MA LA LA O LB HB 11. Aquatic Ecosystems a) Are there any aquatic ecosystems of which the types Yes No Unk listed below which, by nature of their size, abundance or type, can be considered significant or unique? River? Streams? Lakes? Ponds? b) Are these systems essentially: Pristine? Moderately degraded? Yes No Unk Severely degrade? Unk Yes No Ponds? Unk Yes No c) Are these systems used by the local people: i) Consumptively For drinking water? Yes No Unk For Irrigation? Yes No Unk For livestock? Yes No Unk ii) Non-consumptively For washing and bathing? 103 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. For waste Disposal? For Transportation? For Harvest of non-domesticated plants or animals as food, fiber animals as food, fiber fur or other useful products? d) Will the project directly affect consumption use of wa- Yes No Unk ter? e) Will the project directly or indirectly affect either non- consumptive or consumptive uses of these ecosystems by: Use or production of toxic material (both dur- Yes No Unk ing construction and / operation) which might enter Yes No Unk these systems? Unk Yes No Alteration of drainage? Increasing erosion? Unk Yes No Causing increase in populations so as to place added stress on their systems? ESTIMATED IMPACT ON AQUATIC ECOSYSTEMS: ND HA MA LA LA O LB HB 12. Wetland Ecosystems b) Are these systems Pristine? Yes No Unk Moderately degraded? Yes No Unk Severely degraded? Yes No Unk c) Are these systems used by local people For: Drinking water? Yes No Unk Livestock Water? Yes No Unk Washing and Bathing? Yes No Unk Waste Disposal? Yes No Unk Agriculture? Yes No Unk Harvest on non-domesticate plants or animals as Yes No Unk food, fur, or fiber? e) Will the project either directly or indirectly affect wet- lands by: Changing population or land use practices so as to Yes No Unk increase Drainage of wetlands for use as agricul- tural, industrial or urban land? Yes No Unk Use or production (either during construction and / 104 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. operation of toxic materials which might enter Yes No Unk wetlands? Yes No Unk Use the water directly? Yes No Unk Alter drainage patterns so as to affect wetlands? Increase erosion so as to affect wetlands? ESTIMATED IMPACT ON WET LAND ECOSYSTEMS: ND HA MA LA LA O LB HB 13. Terrestrial Ecosystems a) Are there any aquatic ecosystems of which the types listed below which, by nature of their size, abundance Yes No Unk or type, can be considered significant or unique? Forest? Yes No Unk Savanna? Yes No Unk Grassland? Yes No Unk Desert? b) Are these ecosystem: Pristine? Yes No Unk Moderately degraded? Yes No Unk Severely Degraded? Yes No Unk c) Are these present trends towards alteration of these ecosystems through cutting, burning, etc. to produce Yes No Unk agricultural, industrial, or urban land? d) Does the local population use these ecosystems to ob- tain non-domesticated: Food plants? Yes No Unk Medicinal Plants Yes No unk Wood Products? Yes No Unk Fiber? Yes No Unk Fur? Food Animals? Yes No Unk Yes No Unk e) Will the project require clearing or alteration of: Small areas of land in these ecosystems? Yes No Unk Moderate areas of land in these ecosystems? Yes No Unk Large areas of land in these ecosystems? Yes No Unk f) Does the project rely on any raw materials (wood, fi- ber) from these Ecosystems? No Unk 105 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Yes g) Will the project decrease use of products from these ecosystems by producing or providing substitute ma- Yes No Unk terials? h) Will the project cause increased population growth in the area, bringing about increased stress on these Yes No Unk ecosystem? ESTIMATE IMPACT ON TERRESTRIAL ECOSYSTEMS: ND HA MA LA LA O LB HB 14. Endangered species a) Is the existence of endangered species in the project area: Very unlikely Yes No Unk Probable Yes No Unk Highly probable Yes No Unk Documented fact Yes No Unk b) Are these species: Of scientific interest only? Yes No Unk Of scientific interest and highly sought after by lo- cal people for food, hides, sale to animal dealers. c) Will the project affect the habitat of these animals: Directly by destruction of habitat? Yes No Unk Indirectly by altering habitat through changing drainage, land use? Yes No Unk d) Will the project increase ease of access to these habi- tats? Yes No Unk e) Will the project increase population in the project are, thus placing increased pressure on these species and / Yes No Unk or on their habitat? ESTIMATED IMPACT ON ENDANGERED SPECIES ND HA MA LA O LB HB 15. Migratory Species a) In the project area are there any: Migratory fish Yes No Unk Migratory birds Yes No Unk Migratory animals Yes No Unk 106 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. b) Are these species used by local people for food, fur, or other products? Yes No. Unk c) Will the project require any dams, roads, pipelines or other alignments which could interfere with these migra- Yes No Unk tory animals? d) Will the project destroy any habitat (resting, feeding re- productive) which are critical to these species? Yes No Unk e) Will increased population place additional stress on these species? Yes No Unk ESTIMATED IMPACT ON MIGRATORY SPECIES ND HA MA LA O LB HB 16. Beneficial Plants a) Do non domesticated plants occur in the project area which are used or sold by local peoples as: Food? Yes No Unk Fiber? Yes No Unk Ornament? Yes No Unk Forage? Building Materials? Yes No Unk Yes No Unk b) Do these plants occur in : Undisturbed habitat? Yes No Unk Moderately disturbed habitat? Yes No Unk Severely disturbed habitat? Yes No Unk c) Are these plants: Utilized heavily? Yes No Unk Utilized moderately? Yes No Unk Utilized only occasionally? Yes No Unk d) Is this use: Peculiar to the local population? Yes No Unk Universal in the region / country? Yes No Unk e) Will the project: Decrease habitat for these plants? Yes No Unk Increase access to these plants? Yes No Unk Provide substitute products or the necessary money to replace the use of these plants through increased population? No Unk Yes ESTIMATED IMPACT ON BENEFICIAL PLANTS 107 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. ND HA MA LA LA O LB HB 17. Beneficial Animals a) Do non domesticated animals occur in the project area which are used or sold by local people as: Yes No Unk Souvenir products? Yes No Unk Food? Yes No Unk Fur? Yes No Unk Pets? b) Do these animals occur in: Undisturbed habitats? Yes No Unk Moderately disturbed habitat? Yes No Unk Severely disturbed habitat? Yes No Unk c) Are these animals: Utilized heavily? Yes No Unk Utilized moderately? Yes No Unk Utilized only occasionally? Yes No Unk d) Is this use: Peculiar to the local population? Yes No Unk Universal in the region/county? Yes No Unk e) Will the project: Decrease habitat for these animals? Yes No Unk Increase habitat for these animals? Yes No Unk Increase access to these animals? Yes No Unk Provide substitute products or the necessary money to replace the use of these animals? Yes No Unk Increase use of these animals through increased population? Yes No Unk ESTIMATED IMPACT ON BENEFICIAL ANIMALS: ND HA MA LA LA O LB HB 18. Pest Plants a) Are there currently any pest plant problems in the pro- ject area? Yes No Unk b) Are there any potential pest plant species known to ex- ist in the project area? Yes No Unk c) Are these pest plants associated with: Severely disturbed land? Yes No Unk Agricultural land? Yes No Unk Stagnant or polluted water? Yes No Unk 108 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. d) Will the project: Increased habitat for pest plants? Yes No Unk Decreased habitat for pest plants? Yes No Unk Provide opportunity for control of pest plants? Yes No Unk Increase the possibility of introduction of pest Yes No Unk plants through increased commerce? ESTIMATED IMPACT ON PEST PLANTS: ND HA MA LA O LB HB 19. Pest Animals a) Are there currently any problems with pest animals in the project area? Yes No Unk b) Are there any animals in the project area which, under altered ecological conditions, have the potential for be- coming pest species Yes No Unk c) Are these species associated with: Severely disturbed land? Yes No Unk Agricultural land? Yes No Unk Aquatic Habitats? Yes No Unk d) Will the project: Increased habitat for pest animals? Yes No Unk Decreased habitat for pest animals? Yes No Unk Provide opportunity for control of pest animals? Yes No Unk Increase the possibility of introduction of pest animals through increased commerce? Yes Unk No Provide the opportunity for control of pest Yes Unk No animals? ESTIMATED IMPACT ON PEST ANIMALS: ND HA MA LA O LB HB 20. Disease Vectors a) Are the known disease problems in the project area transmitted through vector species such as mosquitoes, flies, snails, etc? Yes No Unk b) Are these vector species associated with : Aquatic habitats? Yes No Unk 109 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Forest habitats? Yes No Unk Agricultural habitats? Yes No Unk Degraded habitats? Yes No Unk Human settlements? Yes No Unk c) Will the project: Increase vector habitat? Yes No Unk Decrease vector habitat? Yes No Unk Vector control? Yes No Unk d) Will the project work force be possible source of in- troduction of disease vectors not currently found in Yes No Unk the project areas? e) Will increased access to any commerce with the pro- ject area be a possible source of disease vectors not Yes No Unk presently occurring in the project area? f) Will the project provide opportunities for vector con- trol through improved standards of living? Yes No Unk ESTIMATED IMPACT ON DISEASE VECTORS: ND HA MA LA LA O LB HB 21: Disease Vectors a) Are vector-borne diseases an important part of the local public health situation? Yes No Unk b) Are these clinics or other disease control programs in operation or planned for the area? Yes No Unk c) Will the project decision result in an increase in dis- ease vector density or distribution? Yes No Unk d) Will the project decision result in workers of other persons entering the area with contagious or vector Yes No Unk borne diseases? e) Will the project decision result in clearing operations that could expose workers to disease vectors? 110 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. Yes No Unk g) Will the project decision increase the hazard of acci- dent to the local population to receive health care? Yes No Unk h) Is it necessary to consult with a public health special- ist? Yes No Unk ESTIMATED IMPACT ON PUBLIC HEALTH: ND HA MA LA O LB MB HB 22. Resource/Land-use a) Are the natural resources of the area under intensive use pressure? Yes No Unk b) Are lands in the project area intensively developed? Yes No Unk c) Will the project decision increase pressure on land resources? Yes No Unk d) Will the project decision result in workers or other persons entering the area with contagious or vector Yes No Unk borne disease? e) Will the project decision result in clearing operations that could expose workers to disease vectors? Yes No Unk f) Will the project decision increase the hazard of acci- dent to the local population? Yes No Unk g) Will the project decision improve opportunities for the local population to receive health care? Yes No Unk h) Is it necessary to consult with a public health special- ist? Yes No Unk ESTIMATED IMPACT ON PUBLIC HEALTH ND HA MA LA LA O LB HB 23. Conventional / Non-conventional Energy sources a) Will the project increase the demand for conventional en- ergy sources (petroleum, hydropower)? Yes No Unk b) Will the project increase the demand for nonconven- tional energy sources (fuelwood, dung, agricultural Yes No Unk wastes)? c) Should an energy planner be consulted? Yes No Unk ESTIMATED IMPACT ON ENERGY SOURCES: 111 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. ND HA MA LA O LB HB 24. Distribution Systems a) Are the production / distribution networks for agricultural and manufactured commodities fully understood? Yes No Unk b) Will the project decision enhance the equitable distribu- tion of these products? Yes No Unk c) Will the project decision increase the demand for certain commodities within or outside the area? Yes No Unk d) Will the project decision decrease the demand for cer- tain locally produced goods? Yes No Unk e) Will the project decision improve the ease with which consumers in the area obtain commodities? Yes No Unk f) Will the project decision improve the ease with which consumers in the area obtain commodities? Yes No Unk f) Is it necessary to consult a social anthropologist? Yes No Unk ESTIMATED IMPACT ON DISTRIBUTION SYSTEMS ND HA MA LA O LB HB 25. Employment a) Is there potential work force in the area fully employed? Yes No Unk b) Will the project decision substantially increase the rate of employment? Yes No Unk c) Will the project decision remove job opportunities in the area? Yes No Unk d) Will the project decision result in drawing workers from other local employers? Yes No Unk e) Is it necessary to consult with a socioeconomist? Yes No Unk ESTIMATED IMPACT ON EMPLOYMENT ND HA MA LA LA O LB HB 26. At-Risk Population a) Are the adverse impacts of the project unequally distrib- uted in the target population? Yes No Unk b) Have the at-risk groups been identified? Yes No Unk c) Have all possible actions been identified that would lessen the impact on at-risk groups? Yes No Unk d) Is the assistance of a social anthropologist required to adequately answer these questions? Yes No Unk ESTIMATED IMPACT ON AT-RISK POPULATION 112 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. ND HA MA LA LA O LB HB 27. Migrant population a) Are there presently certain mobile groups in the target population? Yes No Unk b) Will the project decision result in immigration of people to the area? Yes No Unk c) Are local institutions and agencies adequately geared to handle this influx? Yes No Unk d) Will the project decision result in the movement of peo- ple out of the area? Yes No Unk e) Can their probable destinations be predicted? Yes No Unk f) Are local institutions and agencies or receiving agencies able to handle these migrant groups? Yes No Unk g) Is it necessary to consult a social anthropologist? Yes No Unk ESTIMATE IMPACT ON MIGRANT POPULATION ND HA MA LA O LB HB 28. Community Stability a) Are the interrelationships of various social groups in the project area understood? Yes No Unk b) Will the project decision establish institutions that will improve these interrelationships? Yes No Unk c) Will the project decision establish create competition among social groups that would reduce community co- Yes No Unk hesion? d) Is it necessary to consult a social anthropologist? Yes No Unk ESTIMATED IMPACT ON COMMUNITY STABILITY ND HA MA LA O LB HB 29. Cultural and Religious Values a) Have studies been conducted of the cultural values of the project area? Yes No Unk b) Are the cultural characteristics unique to the project area adequately known? Yes No Unk c) Will the project decision adversely affect the religious attitudes of area residents? Yes No Unk d) Are there special superstitions or religious taboos that will affect the acceptance of the project by the target Yes No Unk 113 The Rural Electrification Authority: Project Report for the proposed Mihingoni, Kwa Balozi, Kwa Jahazi, Kinani and Birini-Mwamleka 33kV power distribution line. population? e) Is it necessary to consult a social anthropologist? Yes No Unk ESTIMATED IMPACT ON CULTURAL AND RELIGIOUS VALUES ND HA MA LA O LB MB HB 30. Tourism and Recreation a) Is there at present a significant degrees of tourism in the area? Yes No Unk b) Is there un-exploited tourism or recreation potential in the area? Yes No Unk c) Will the project decision result in more effective utiliza- tion of present or future tourism opportunities? Yes No Unk d) If so, will this adversely affect an existing or potential tourist or recreation attraction? Yes No Unk e) Will the project decision adversely affect an existing or potential tourist or recreation attraction? Yes No Unk ESTIMATED IMPACT ON TOURISM AND RECREATION ND HA MA LA O LB MB HB 31. Nutrition a) Have adequate data been gathered on the nutritional levels in the project area? Yes No Unk b) Do these data differentiate among various population sub-groups, by age, sex or social level? Yes No Unk C) Will the project decision result in changed food habits in the target population? Yes No Unk d) Will these changes result in improved nutritional char- acteristics? Yes No Unk e) Are the services of a nutrition specialist required? Yes No Unk ESTIMATED IMPACT ON NUTRITION ND HA MA LA O LB MB HB 114