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NETIP ESIA Isiolo Modogashe

This document provides an environmental and social impact assessment (ESIA) report for upgrading the 190km Isiolo-Modogashe Road in Kenya to bitumen standards. The key points are: - The road upgrade is needed to improve transportation in the region and connect communities. A previous ESIA from 2011 requires review due to design changes. - Public consultation was conducted and residents expressed support but also concerns about land acquisition and potential impacts. - Upgrading works will involve road widening, culvert installation, and quarrying which may impact vegetation, hydrology, land, and livelihoods. Mitigation measures are outlined. - Once complete, the road is expected to boost

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100% found this document useful (1 vote)

262 views285 pages

NETIP ESIA Isiolo Modogashe

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Mark

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REPUBLIC OF KENYA

MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND

URBAN DEVELOPMENT

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA)

PROJECT REPORT FOR UPGRADING TO BITUMEN STANDARDS OF
ISIOLO – MODOGASHE ROAD SECTION 190KM (A10/B84)

NOVEMBER 2019
Zamconsult Consulting Engineers November 2019

Table of Contents
0 EXECUTIVE SUMMARY .......................................................................................... XIII
0.1 BACKGROUND .......................................................................................................... XIII
0.2 NEED FOR THE ESIA REVIEW AND UPDATE ............................................................. XIV
0.3 STUDY METHODS ...................................................................................................... XV
0.4 LEGISLATIVE FRAMEWORK FOR THIS STUDY ............................................................ XV
0.5 CONCLUSIONS FROM PUBLIC CONSULTATION ........................................................... XV
0.6 EXPECTED IMPACTS .................................................................................................. XVI
0.7 CUMULATIVE IMPACTS............................................................................................ XVII
0.8 ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN (ESMP) ..................................... XIX
0.9 INSTITUTIONAL FRAMEWORK FOR THE IMPLEMENTATION OF THE ESIA .................. XVI
0.10 CONTRACTOR’S CLAUSES ................................................................................... XVIII
0.11 CONCLUSION ...................................................................................................... XVIII
1 INTRODUCTION ......................................................................................................... 1-1
1.1 KENYA NATIONAL HIGHWAYS AUTHORITY (KENHA) ............................................ 1-1
1.2 THE PROJECT............................................................................................................ 1-1
1.2.1 NETIP Project Description .............................................................................. 1-1
1.2.2 Isiolo – Modogashe Road Section ................................................................... 1-4
1.3 NEED FOR THE ESIA REVIEW AND UPDATE ............................................................. 1-4
1.4 OBJECTIVE OF THIS REPORT ..................................................................................... 1-5
1.5 METHODOLOGY OF WORK ....................................................................................... 1-5
2 PROPOSED PROJECT DESCRIPTION ...................................................................... 2-8
2.1 LOCATION ................................................................................................................ 2-8
2.2 CURRENT ROAD NETWORKS IN THE AREA ............................................................... 2-9
2.2.1 Current Road Condition ................................................................................... 2-9
2.2.2 Vertical and Horizontal Alignment .................................................................. 2-9
2.2.3 Existing Road Reserve ..................................................................................... 2-9
2.2.4 Other Road Projects in the Area ...................................................................... 2-9
2.3 PROPOSED PROJECT AND ITS OBJECTIVES ................................................................ 2-9
2.4 DESIGN COMPONENTS AND PROJECT FEATURES .................................................... 2-10
2.4.1 Traffic Survey, Analysis and Design ............................................................. 2-10
2.4.2 Materials Investigations ................................................................................. 2-11
2.4.3 Pavement Structure ........................................................................................ 2-14
2.4.4 Geometric Designs ......................................................................................... 2-16
2.4.5 Hydrological Investigations and Design ........................................................ 2-17
2.4.6 Road Cross Section Design and Features ...................................................... 2-18
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) i
Zamconsult Consulting Engineers November 2019

2.4.7 Junction Design .............................................................................................. 2-19

2.4.8 Road Furniture Design ................................................................................... 2-19
2.4.9 Ancillary Road Structures .............................................................................. 2-20
2.5 PROJECT ACTIVITIES .............................................................................................. 2-21
2.5.1 Activities during the Planning Phase ............................................................. 2-21
2.5.2 Activities during the Construction Phase ....................................................... 2-21
2.5.3 Activities during the Operation Phase ........................................................... 2-23
2.5.4 Activities during the Decommissioning Phase .............................................. 2-23
2.6 EXPECTED WASTES FROM PROJECT ACTIVITIES ..................................................... 2-23
2.7 PROJECT COST........................................................................................................ 2-24
3 ALTERNATIVES TO THE PROJECT......................................................................... 3-1
3.1 DESIGN OPTIONS FOR ROAD CONSTRUCTION ........................................................... 3-1
3.2 ALTERNATIVE ROAD SECTIONS................................................................................ 3-1
3.3 NO ACTION ALTERNATIVE ....................................................................................... 3-3
4 PHYSICAL, BIOLOGICAL AND SOCIAL BASELINE CONDITIONS OF
AFFECTED ENVIRONMENT ............................................................................................. 4-1
4.1 PHYSIOGRAPHIC AND ENVIRONMENTAL CONDITIONS .............................................. 4-1
4.1.1 Location ........................................................................................................... 4-1
4.1.2 Topography ...................................................................................................... 4-2
4.1.3 Climate ............................................................................................................. 4-3
4.1.4 Geology ............................................................................................................ 4-4
4.1.5 Hydrology ........................................................................................................ 4-4
4.1.6 Flora and Fauna................................................................................................ 4-6
4.1.7 Air Quality ..................................................................................................... 4-13
4.1.8 Noise .............................................................................................................. 4-14
4.1.9 Water Quality ................................................................................................. 4-15
4.1.10 Energy Sources .............................................................................................. 4-16
4.2 SOCIO ECONOMIC INFRASTRUCTURE ...................................................................... 4-16
4.2.1 Administration ............................................................................................... 4-16
4.2.2 Population ...................................................................................................... 4-17
4.2.3 Health ............................................................................................................. 4-17
4.2.4 Land Tenure and Land Use ............................................................................ 4-18
4.2.5 Settlement Patterns......................................................................................... 4-19
4.2.6 Transport and Communication ...................................................................... 4-20
4.2.7 Commerce and Industry ................................................................................. 4-21
4.2.8 Local Communities ........................................................................................ 4-21
4.2.9 Water and Sanitation Services ....................................................................... 4-22

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) ii
Zamconsult Consulting Engineers November 2019

4.2.10 Gender ............................................................................................................ 4-22

4.2.11 Education ....................................................................................................... 4-23
4.2.12 Conflict and Insecurity................................................................................... 4-24
4.2.13 Physical Cultural Resources .......................................................................... 4-25
4.3 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY ................................................ 4-25
4.3.1 Population dynamics and household characteristics ...................................... 4-26
4.3.2 Transport, Water and Sanitation .................................................................... 4-30
4.3.3 Environmental & Social Situation ................................................................. 4-34
4.3.4 Health Status .................................................................................................. 4-35
4.3.5 The Project ..................................................................................................... 4-40
5 RELEVANT POLICY LEGISLATIVE AND REGULATORY FRAMEWORK ....... 5-1
5.1 THE CONSTITUTION OF KENYA 2010 ....................................................................... 5-1
5.2 NATIONAL POLICY FRAMEWORK .............................................................................. 5-1
5.2.1 Sessional Paper No. 10 of 2012 on Kenya Vision 2030 .................................. 5-2
5.2.2 Environment and Development (Sessional Paper No. 6 of 1999) ................... 5-2
5.2.3 Sessional Paper No. 10 of 2014 on the National Environment Policy ............ 5-2
5.2.4 National Environmental Action Plan (NEAP) of 2009-2013 .......................... 5-2
5.2.5 The National Poverty Eradication Plan (NPEP) of 1999 ................................. 5-3
5.2.6 National Gender and Development Policy ...................................................... 5-3
5.2.7 The Poverty Reduction Strategy Paper (PRSP) of 2000 .................................. 5-4
5.2.8 The National Biodiversity Strategy of 2000 .................................................... 5-4
5.2.9 Sessional Paper No. 3 of 2009 on National Land Policy ................................. 5-4
5.2.10 Sessional Paper No. 8 of 2012 on National Policy for the Sustainable
Development of Northern Kenya and other Arid Lands ................................................ 5-5
5.2.11 Wildlife Policy of 2011 .................................................................................... 5-5
5.2.12 Physical Planning Policy.................................................................................. 5-5
5.2.13 Public Health Policy of 2014 ........................................................................... 5-5
5.2.14 Occupational Health and Safety Policy of 2012 .............................................. 5-6
5.2.15 HIV/AIDS Policy of 2009 ............................................................................... 5-6
5.2.16 The Kenya National Climate Change Response Strategy of 2010 .................. 5-6
5.2.17 KeNHA’s Environment and Social Safeguards Policy, 2018 .......................... 5-6
5.3 ENVIRONMENTAL GUIDELINES ................................................................................. 5-6
5.3.1 National Solid Waste Management Strategy, NEMA, 2014. .......................... 5-7
5.3.2 Technical guidelines on the management of used oil and oil sludge in Kenya
(NEMA, 2014) ............................................................................................................... 5-7
5.3.3 National sand harvesting guidelines, 2007 ...................................................... 5-7
5.3.4 Integrated Land Use Guidelines....................................................................... 5-7

5.4 NATIONAL ENVIRONMENTAL LEGAL FRAMEWORK.................................................. 5-8

5.4.1 The Environmental Management and Coordination Act of 2015 (CAP 387) and
its Amendment ............................................................................................................... 5-8
5.4.2 The Environment Management and Coordination Act CAP 387 and Its Tools 5-
8
5.4.3 The Kenya Roads Act, 2007 .......................................................................... 5-12
5.4.4 The Kenya Roads Board Act, 1999 ............................................................... 5-12
5.4.5 Public Roads and Roads of Access Act Cap 399 ........................................... 5-13
5.4.6 The Traffic Act Cap 403 ................................................................................ 5-13
5.4.7 The Wildlife Management and Conservation Act 2013 ................................ 5-13
5.4.8 Water Act 2016 .............................................................................................. 5-13
5.4.9 The Public Health Act (CAP. 242) ................................................................ 5-14
5.4.10 The Land Act, 2012 ....................................................................................... 5-14
5.4.11 The National Land Commission Act, 2012 (No. 5 of 2012) ......................... 5-14
5.4.12 Community Land Act 2016 ........................................................................... 5-15
5.4.13 The Environment and Land Court Act, 2011................................................. 5-15
5.4.14 Physical Planning Act (Cap 286) ................................................................... 5-16
5.4.15 Occupational Safety and Health Act .............................................................. 5-16
5.4.16 The Penal Code (Cap. 63) .............................................................................. 5-16
5.4.17 The Employment Act, 2007 ........................................................................... 5-16
5.4.18 Work Injury Compensation Benefit Act (WIBA) 2007 ................................. 5-17
5.4.19 The HIV and AIDS Prevention and Control Act ........................................... 5-17
5.4.20 The Sexual Offences Act, 2006 ..................................................................... 5-17
5.4.21 The National Gender and Equality Act, 2011 ................................................ 5-17
5.4.22 The Children Act, 2001.................................................................................. 5-18
5.4.23 Persons with Disability Act, CAP 133 ........................................................... 5-18
5.4.24 Security Laws (Amendment) Act, 2014 ........................................................ 5-18
5.4.25 The County Governments Act, 2012 ............................................................. 5-18
5.4.26 Building Code 2009 ....................................................................................... 5-18
5.4.27 The National Museums and Heritage Act, 2006 ............................................ 5-19
5.5 WORLD BANK SAFEGUARD POLICIES ..................................................................... 5-19
5.5.1 Operational Policy 4.01: Environmental Assessment, 2001 .......................... 5-19
5.5.2 Operational Policy 4.04-Natural Habitats ...................................................... 5-19
5.5.3 Bank Operational Policy 4.10: Indigenous Peoples ....................................... 5-19
5.5.4 World Bank Directive on Vulnerable Groups ............................................... 5-20
5.5.5 Operational Policy 4.11-Physical Cultural Resources ................................... 5-20
5.5.6 The Bank's Operational Policy 4.12: Involuntary Resettlement .................... 5-20

5.5.7 World Bank Policy on Access to Information, 2010 ..................................... 5-21

5.6 WORLD BANK GROUP ENVIRONMENTAL, HEALTH AND SAFETY (EHS) GUIDELINES
5-21
5.6.1 Environmental Guidelines ............................................................................. 5-21
5.6.2 Occupational Health and Safety Guidelines .................................................. 5-22
5.6.3 Community Health and Safety Guidelines .................................................... 5-23
5.6.4 Construction and Decommissioning Guidelines ............................................ 5-23
5.7 GAPS BETWEEN KENYAN LEGISLATION AND WORLD BANK SAFEGUARDS WITH
RECOMMENDATIONS FOR BRIDGING THE GAPS................................................................. 5-23
5.8 INTERNATIONAL CONVENTIONS, TREATIES AND GUIDELINES .................................. 5-1
5.9 INSTITUTIONAL FRAMEWORK ................................................................................... 5-1
5.9.1 National Environment Management Authority ............................................... 5-1
5.9.2 Kenya National Highways Authority (KeNHA).............................................. 5-1
5.9.3 The County and Sub-County Committees ....................................................... 5-2
5.9.4 Directorate of Occupational Safety and Health Services (DOSHS) ................ 5-2
5.9.5 Kenya Wildlife Service (KWS) ....................................................................... 5-2
5.9.6 Water Resources Authority (WRA) ................................................................. 5-2
5.9.7 The National Museums of Kenya .................................................................... 5-3
5.9.8 National Land Commission (NLC) .................................................................. 5-3
5.9.9 Department of Community Development ........................................................ 5-3
5.9.10 National Gender and Equality Commission .................................................... 5-3
5.9.11 The Engineering Consultant ............................................................................ 5-3
5.9.12 The Contractor ................................................................................................. 5-4
5.9.13 Development partners ...................................................................................... 5-4
6 PUBLIC CONSULTATIONS ....................................................................................... 6-1
6.1 LEGAL REQUIREMENTS ............................................................................................ 6-1
6.1.1 Government Policy & World Bank requirements on Public Consultation ...... 6-1
6.2 STAKEHOLDERS IDENTIFICATION AND MAPPING ....................................................... 6-1
STAKEHOLDER CONSULTATION .......................................................................................... 6-1
6.2.1 Review of the Initial Stakeholder Consultation ............................................... 6-1
6.2.2 Review Consultant’s Stakeholder Consultation............................................... 6-2
6.2.3 Findings of the meetings .................................................................................. 6-3
6.3 DISCLOSURE OF THE ESIA ....................................................................................... 6-5
6.4 CONSULTATION DURING THE PROJECT DURATION ................................................... 6-5
7 ENVIRONMENTAL AND SOCIALIMPACTS OF THE PROPOSED PROJECT .... 7-1
7.1 IMPACT CATEGORIES................................................................................................ 7-7
7.2 IMPACTS EMANATING FROM THE PROPOSED PROJECT .............................................. 7-7

7.2.1 Planning Phase Impacts ................................................................................... 7-8

7.2.2 Construction Phase Impacts ............................................................................. 7-8
7.2.3 Impacts during Operation & Maintenance ..................................................... 7-22
7.2.4 Impacts during De-commissioning ................................................................ 7-24
7.3 CUMULATIVE IMPACTS OF THE PROJECT ROAD ...................................................... 7-24
7.3.1 Identification of Potential Cumulative Impacts ............................................. 7-24
8 ENVIRONMENTAL AND SOCIAL MITIGATION AND MANAGEMENT PLAN
(ESMMP) ............................................................................................................................... 8-1
8.1 POSSIBLE ENHANCEMENT MEASURES ...................................................................... 8-1
8.1.1 Design Measures that will Enhance the Project ............................................... 8-1
8.2 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN............................................... 8-1
8.3 CONTRACTOR CLAUSES ........................................................................................... 8-1
8.4 ENVIRONMENTAL AND SOCIAL MONITORING PLAN ................................................. 8-1
8.5 GRIEVANCE REDRESS MECHANISMS ........................................................................ 8-7
8.5.1 Possible Sources of Grievances ....................................................................... 8-7
8.5.2 Parties and Committees Involved in the Grievance Redress Process and the
Management Process ..................................................................................................... 8-8
8.5.3 The Grievance Management Process ............................................................... 8-9
8.5.4 Grievance Redress Procedure ............................ Error! Bookmark not defined.
8.5.5 GRC Costs ..................................................................................................... 8-15
9 CONCLUSIONS AND RECOMMENDATIONS ........................................................ 9-1
10 REFERENCES ............................................................................................................ 10-1
11 APPENDICES ............................................................................................................. 11-1
11.1 STAKEHOLDER ENGAGEMENT PLAN ................................................................... 11-1
11.2 SUMMARY OF PUBLIC AND STAKEHOLDER CONSULTATION ............................... 11-1
11.2.1 Public Consultation Minutes .......................................................................... 11-1
11.2.2 Public Participation Photos .......................................................................... 11-64
11.3 CHANCE FIND PROCEDURES ............................................................................. 11-69
11.4 SAMPLE CODE OF CONDUCT ............................................................................. 11-70

List of Tables
Table 0-1: Summary of the Likely Potential Cumulative Impacts ........................................xvii
Table 0-2: The Proposed Environmental and Social Management Plan (ESMP) ...................... i
Table 0-3: Proposed Institutional Framework for the Implementation of the ESIA .............. xvi
Table 1-1: Summary of Construction Financing for the NETIP Project ............................... 1-2
Table 2-1: Summary of Soil Alignment along the Road ..................................................... 2-11
Table 2-2: Investigated Gravel Material Sites ..................................................................... 2-12
Table 2-3: Investigated Hard Stone Quarry Sites ................................................................ 2-13
Table 2-4: Investigated Construction Sand Sites ................................................................. 2-13
Table 2-5: Summary of Existing Water Resources.............................................................. 2-14
Table 2-6: Horizontal Alignment Criteria which the Project Road was Designed to Meet 2-16
Table 2-7: Vertical Alignment Criteria which the Project Road was Designed to Meet ..... 2-17
Table 2-8: Carriageway Cross Section ................................................................................ 2-18
Table 2-9: Embankment and Cut Slopes that will be employed in the Road Construction. 2-18
Table 2-10: Project Cost in Accordance to the BoQ............................................................ 2-24
Table 4-1: Air Quality Baselines ......................................................................................... 4-14
Table 4-2: Baseline Noise Measurements............................................................................ 4-14
Table 4-3: Population Data based on Isiolo and Meru County Integrated Development Plans
.............................................................................................................................................. 4-17
Table 4-4: Sources of Water along the Road Alignment ..................................................... 4-22
Table 4-5: Reason for School Absences .............................................................................. 4-23
Table 5-1: Quality Standards of Domestic Water .................................................................. 5-9
Table 5-2: Table showing Permissible Noise Level for a Construction Site ....................... 5-10
Table 5-3: Summary of Gaps between Kenyan legislation and World Bank Safeguards giving
recommendations on how to bridge the Gaps ........................................................................ 5-1
Table 6-1: Summary of Initial Public Consultation Meetings ............................................... 6-2
Table 6-2: Summary of the Consultation meetings ............................................................... 6-2
Table 6-3: Summary of the Issues Raised.............................................................................. 6-4
Table 7-1: Characterization of Impacts.................................................................................. 7-2
Table 7-2: Summary of the Likely Potential Cumulative Impacts ...................................... 7-25
Table 8-1: The Proposed Environmental and Social Management Plan (ESMP) ................. 8-1
Table 8-2: Proposed Environmental and Social Monitoring Plan ......................................... 8-3
Table 8-3: Table Showing a Sample Grievance Form ......................................................... 8-12
Table 8-4: Sample of a Grievance Resolution Form ........................................................... 8-13

List of Figures
Figure 0-1: Map Showing the Location of the Project Road in Black.................................... xiv
Figure 1-1: Map showing the location (red line) of the proposed NETIP corridor ............... 1-2
Figure 2-1: Map Showing the Location of the Project Road in Black (The Counties are shown
in the smaller Map) ................................................................................................................ 2-8
Figure 2-2: Pavement Structure for Main Carriageway ....................................................... 2-15
Figure 2-3: Pavement Structure for Service Roads, Access Roads and Market loop roads 2-15
Figure 2-4: Pavement Structure for Truck Parking.............................................................. 2-15
Figure 2-5: Pavement Structure for Emergency Landing for Light Aircrafts ..................... 2-15
Figure 3-1: Map Showing proposed Alternative Route through Kambi Garba (in Red) in
Comparison to the Densely Populated Isiolo Junction Area ................................................. 3-1
Figure 3-2: Kambi Garba Route the area is sparely populated. ............................................. 3-2

Figure 3-3: Junction with the Isiolo - Moyale Road fairly settled, with permanent buildings
coming up or town expanding and growing .......................................................................... 3-2
Figure 3-4: Type of Infrastructure and PAPs at Isiolo ........................................................... 3-3
Figure 4-1: Location of Isiolo and Meru Counties within the Country ................................. 4-2
Figure 4-2: General Topography of the Project Road Showing Isolated Hills in the Background
................................................................................................................................................ 4-3
Figure 4-3: Summary of Climate Variation in the Project Year from 2002 - 2007 ............... 4-4
Figure 4-4: Summary of the Project Area Hydrology ........................................................... 4-5
Figure 4-5: Sample Perennial Water Body along the Project Road....................................... 4-6
Figure 4-6: Acacia Tree Species found along the Project Road Alignment .......................... 4-7
Figure 4-7: Prosopis juliflora Species in Modogashe ............................................................ 4-7
Figure 4-8: Proposed road project verses Conservancies and Protected Areas-National Parks
and National Reserves............................................................................................................ 4-8
Figure 4-9: Map Showing identified Elephant Crossings (source: save the elephants) ...... 4-11
Figure 4-10: Herd of Sheep Crossing the Road ................................................................... 4-11
Figure 4-11: Herd of Camels making use of the Existing Road .......................................... 4-12
Figure 4-12: Reticulated Giraffe Species Common to the Project Area Seen along the
Alignment ............................................................................................................................ 4-12
Figure 4-13: Summary of the Water Quality Analysis along the Project Road................... 4-15
Figure 4-14: Populations within the Sub Counties affected by the Road (Source 2009
population and housing census) ........................................................................................... 4-17
Figure 4-15: Typical Land Use within the Project Area ...................................................... 4-19
Figure 4-16: Typical Settlement (Kachuru) along the Project Road ................................... 4-20
Figure 4-17: Gender of Respondent ..................................................................................... 4-26
Figure 4-18: Ethnicity of Sample Population ...................................................................... 4-26
Figure 4-19: Age Distribution of the Population ................................................................. 4-27
Figure 4-20: Household Literacy Level ............................................................................... 4-27
Figure 4-21: Religion of the Population .............................................................................. 4-28
Figure 4-22: Sources of Energy ........................................................................................... 4-28
Figure 4-23: Household Socio-Economic Activities ........................................................... 4-29
Figure 4-24: Household Income per Month......................................................................... 4-29
Figure 4-25: Common mode of Transportation ................................................................... 4-30
Figure 4-26: Transport Issues Experienced by the Community .......................................... 4-30
Figure 4-27: Main Sources of Water for the Community .................................................... 4-31
Figure 4-28: General Status of the Water Quality ............................................................... 4-31
Figure 4-29: Challenges faced concerning Water ................................................................ 4-32
Figure 4-30: Common Waste Disposal Methods ................................................................. 4-32
Figure 4-31: Respondents Who Have Toilets in Their Compound ..................................... 4-33
Figure 4-32: Types of Toilets Respondents Have in Their Compound ............................... 4-33
Figure 4-33: Environmental Issues of Concern ................................................................... 4-34
Figure 4-34: Environmental Conservation Initiatives.......................................................... 4-34
Figure 4-35: Social Issues Experienced in the Area ............................................................ 4-35
Figure 4-36: Measures being undertaken to mitigate the Social Issues Currently being
experienced in the Area ....................................................................................................... 4-35
Figure 4-37: Prevalence of Diseases in the Area ................................................................. 4-36
Figure 4-38: Type of Treatment ........................................................................................... 4-36
Figure 4-39: Ownership Status of the Health Facilities. ...................................................... 4-37
Figure 4-40: Distance to the Health Facilities. .................................................................... 4-37
Figure 4-41: Level of Awareness on HIV/AIDS ................................................................. 4-38
Figure 4-42: Source of information on HIV/AIDS .............................................................. 4-38

Figure 4-43: Household Members affected by HIV/AIDS .................................................. 4-39

Figure 4-44: Knowledge on whether HIV/AIDS can be prevented ..................................... 4-39
Figure 4-45: Respondents who know where to go to for Voluntary HIV/AIDS Testing .... 4-40
Figure 4-46: Public Awareness of the Intended Construction of the Pipeline ..................... 4-40
Figure 4-47: Perceived Impact of the Water Supply Project ............................................... 4-41
Figure 4-48: Positive Impact of the Proposed Project ......................................................... 4-41
Figure 4-49: Negative Impact of the Proposed Project ........................................................ 4-42
Figure 4-50: How to Mitigate Adverse Impact of the Project ............................................. 4-42
Figure 8-1: Sample Elephant crossing to be Designed ............ Error! Bookmark not defined.
Figure 8-2: Figure Showing the Dispute Resolution ProcedureError! Bookmark not
defined.
Figure 8-3: Internal Grievance Redress Procedure .............................................................. 8-15
Figure 11-1: Public Consultation Meeting at Isiolo ........................................................... 11-64
Figure 11-2: Stakeholder Feedback during the Isiolo Meeting ......................................... 11-64
Figure 11-3: Public Consultation Meeting in Gambella .................................................... 11-65
Figure 11-4: Community Feedback during Gambella Meeting ......................................... 11-65
Figure 11-5: Public Consultation in Ndumuru................................................................... 11-66
Figure 11-6: Stakeholder Feedback during Ndumuru Meeting ......................................... 11-66
Figure 11-7: Kachuru Public Consultation Meeting .......................................................... 11-67
Figure 11-8: Public Consultation in Kulamawe................................................................. 11-67
Figure 11-9: Public Consultation Meeting in Boji ............................................................. 11-68

Acronyms and Abbreviations

AASHTO American Association of State Highway and Transportation Officials
AC Asphalt Concrete
AIDS Acquired Immunodeficiency Syndrome
ASALs Arid and Semi-Arid Lands
ARV Antiretroviral Drugs
BoQ Bill of Quantities
CBD Central Business District
CBD Convention on Biodiversity
CBO Community Based Organization
CBR California Bearing Ratio
CH4 Methane
CLO Community Liaison Officer
CO2 Carbon Dioxide
CSR Corporate Social Responsibility
dB Decibels
DOSHs Department of Occupational Safety and Health
EHS Environmental Health and Safety
EMCA Environmental Management and Co-ordination Act
ESMMP Environmental and Social Mitigation and Management Plan
ESMF Environmental and Social Management Framework
ESMP Environmental and Social Management Plan
EIA Environmental Impact Assessment
ESIA Environmental and Social Impact Assessment
ESMF Environmental and Social Management Framework
FGM Female Genital Mutilation
GBV Gender Based Violence
GDP Gross Domestic Product
GIIP Good International Industry Practice
GIS Geographical Information System
GHG Greenhouse Gases
GOK Government of Kenya
GPS Global Positioning System
GRC Grievance Redress Committees
GRM Grievance Redress Mechanism/Measures

HIV Human Immunodeficiency Virus

ICTA Information Communication and Technology Authority
ID No. Identity Card Number
IDA International Development Association
IFC International Finance Corporation
KAPP Kenya Agricultural Productivity Project
KeNHA Kenya National Highways Authority
KeRRA Kenya Rural Roads Authority
KES Kenya Shillings
KFS Kenya Forestry Service
KIHBS Kenya Integrated Household Budget Survey
KII Key Informant Interviews
Km/h Kilometers per hour
KPLC Kenya Power and Lighting Company
KURA Kenya Urban Roads Authority
KRB Kenya Roads Board
K.Shs. Kenya Shillings
KWS Kenya Wildlife Service
LAPSSET Lamu Port-South Sudan-Ethiopia-Transport
masl metres above sea level
MCA Member of the County Assembly
MDD Maximum Dry Density
MDG Millennium Development Goals
MoTIHUD Ministry of Transport, Infrastructure, Housing and Urban Development
MTP Medium-Term Plan
NBSAP National Biodiversity Strategy and Action Plan
NEAP National Environment Action Plan
NEMA National Environment Management Authority
NETIP North-Eastern Transport Improvement Project
NFD Northern Frontier District
NGO Non-Governmental Organization
NHIF National Hospital Insurance Fund
NMK National Museums of Kenya
NMT Non motorized traffic
NPEP National Poverty Eradication Plan

NSSF National Social Security Fund

O&M Operation and Maintenance
OP Operational Policy
OSH Occupational Health and Safety
OSHA Occupational Safety and Health Act
PAP Project Affected Person
PEC Poverty Eradication Commission
PLO Project Liaison Officer
PPE Personal Protective Equipment
PRSP Poverty Reduction Strategy Paper
RAP Resettlement Action Plan
RDM Road Design Manual
RE Resident Engineer
RMLF Roads Maintenance Levy Fund
RPF Resettlement Policy Framework
SEA Sexual Exploitation and Abuse
SDGs Sustainable Development Goals
STD Sexually Transmitted Diseases
TOR Terms of Reference
US$ United States Dollar
µg microgram
WB World Bank
WIBA Work Injury Compensation Benefit Act
WHO World Health Organisation
WSSD World Summit for Sustainable Development
VCT Voluntary Counselling and Testing
VOCs Volatile Organic Compounds

0 EXECUTIVE SUMMARY

0.1 BACKGROUND

1. Kenya National Highways Authority (KeNHA) is a state corporation within the

government of kenya, established under the Kenya Roads Act 2007 with the responsibility
for the management, development, rehabilitation and maintenance of international trunk
roads linking centres of international importance and crossing international boundaries or
terminating at international ports(Class A road), national trunk roads linking internationally
important centres (Class B roads), and primarily roads linking provincially important
centres to each other or two higher-class roads (Class C roads).In undertaking this mandate,
the Authority propels the country to achieve its infrastructure goals espoused in the vision
2030.
2. The Government of the Republic of Kenya (GoK) has applied for funds towards upgrading
the Isiolo - Mandera road to bitumen standards under North-Eastern Transport
Improvement Project (NETIP) The project is aimed at addressing the constraint by
upgrading the Isiolo-Mandera road from its current unpaved state to paved road standards.
World Bank is financing the designs for the entire road corridor while construction
financing will be done by the World Bank, GoK and Arab Bank. The North Eastern
Improvement Project (NETIP) is aimed at enhancing connectivity between Kenya and
Somalia as well as Ethiopia via a 3 component approach made up of:
i. Component 1: Upgrading Selected Critical Road Infrastructure and associated
roadside amenities (US$455.50 million).
ii. Component 2: Institutional Development and Project Monitoring and Management
(US$12.50 million)
iii. Component 3: Enhancing Internet Connectivity (US$34.00 million). Support to
Information and Communication
3. This ESIA covers the road section from Isiolo to Modogashe, which will be covered in
component 1 of NETIP. Both the design and construction of this road section will be funded
by the World Bank
4. The project road is shown in the figure below:

Figure 0-1: Map Showing the Location of the Project Road in Black

0.2 NEED FOR THE ESIA REVIEW AND UPDATE

5. During the project concept, the project road was assigned as an environmental and social
assessment category “B”, however during project preparation, emerging issues led to its
recategorization to category A, requiring a full assessment. A project is classified as
Category A as it is likely to have adverse environmental and social impacts that are
significant, generally large-scale, irreversible, sensitive, diverse, cumulative or
unprecedent setting and may affect an area broader than the sites or facilities financed by
the project. The proposed road project will have a major impacts along the road corridor in
all phases of the project including loss of grazing land along the road, change in the
landscape not just along the quarry and borrow sites (loss of materials), establishment of
larger market centres and towns, influx of new populations in search of new opportunities,
interference with existing ways of life, GBV, increased conflicts, pressure for existing
resources, increase in traffic during the operation phase leading to an increase of foreign
members to the community. All these impacts will have a permanent change to the existing
status quo, thus requiring an in depth ESIA study provided in this report.

0.3 STUDY METHODS

6. The study approach and methodology adopted included screening to determine the extent
of the project and desktop data review and analysis for the baseline bio-physical, social
parameters and environmental parameters of the project area. The Consultant engaged on
multi-faceted public consultation process which included roadside interviews and public
consultation meetings to verify the previous ESIA’s stakeholder consultation findings.
Based on these findings and expert judgement, the consultant compiled the projected social
and environmental impacts (positive and negative) likely to emanate from proposed project
activities and the Environmental and Social Management Plan (ESMP) which details how
potential adverse impacts will be reduced or mitigated and by whom.
0.4 LEGISLATIVE FRAMEWORK FOR THIS STUDY

7. The principal National legislation governing issues of environmental concern in Kenya is

the Environmental Management & Coordination (Amended) Act of 2015 typically referred
to as EMCA. EMCA calls for Environmental Impact assessment (EIA) (under Section 58)
to guide the implementation of environmentally sound decisions and empowers
stakeholders to participate in sustainable management of the natural resources. Projects
likely to cause environmental impacts require that an environmental and social impact
assessment study to be carried out. It is under this provision that the current study has been
undertaken.
8. Other legislation adhered to during this study are the regulations borne of EMCA Cap 387
namely the Environmental Impact Assessment and Audit Regulations 2003; The
Environmental Management Coordination Act (Waste Management) Regulations 2006; the
Environmental Management Coordination (Water Quality) Regulations 2006; and the
Environmental Management and Coordination (Noise and Excessive vibration pollution
Control) Regulations2009 (Legal Notice 61), Air quality Regulations 2009 among others.
9. Sectoral legislation applicable to this Project include the Kenya Roads Act (2007), the
Constitution, The Public Health Act (CAP. 242), among others.
10. In addition to the local legislation, the Consultant discussed the World Bank Operational
Policies and Bank Procedures that were triggered for this project. These policies include;
Operational Policy 4.01: Environmental Assessment; Operational Policy 4.04-Natural
Habitats; Bank Operational Policy 4.10: Indigenous Peoples; World Bank Directive on
Vulnerable Groups; Operational Policy 4.11-Physical Cultural Resources; The Bank's
Operational Policy 4.12: Involuntary Resettlement; World Bank Policy on Access to
Information, 2010 and the World Bank EHS guidelines.
0.5 CONCLUSIONS FROM PUBLIC CONSULTATION

11. Part of the ESIA process includes conducting public consultation with the local community
within the project area. The consultants identified and mapped stakeholders in the project
area. These included
i. Community members at the trading centers of Isiolo Junction, Gambella, Ndumuru,
Kachuru, Kulamawe, Boji and Modogashe.
ii. County officials including County Commissioners, Deputy County Commissioners,
Chiefs
iii. KeNHA representatives in Isiolo and other government departments in the counties
iv. Persons affected by physical and economic displacement

v. Women, youth and people living with disability along the project road
12. The participants were made up of village elders, youth representatives, religious leaders,
teachers, KeNHA representatives and the local administration. In majority of the meetings
both women and men attended and their different issues were included in the meeting
minutes. However, in some centres including Kulamawe, women attended the meetings but
sat at a distance, for such meetings, the Consultant team split with one member having an
informal meeting with these women and their general issues were included in the report.
13. During these meetings the major outcome is that the area currently suffers greatly due to a
poor transport network and would stand to benefit greatly from the road upgrade. However
several issues including:
i. Equal job opportunities for males and females
ii. Inclusion of vulnerable members of society along the project road
iii. Road safety
iv. Wildlife and Livestock crossing facilities
v. Resettlement
vi. CSR
vii. Potential conflicts due to increased pressure on limited resources
viii. Loss of grazing land
ix. Public health and safety
x. Procedures for borrow pits and quarry sites
14. The issues raised were all included in the updated ESIA report
0.6 EXPECTED IMPACTS

15. The expected impacts emanate from the Planning phase, the Construction Phase, the
Operation phase and the De-commissioning Phases of the project.
16. In general, successful implementation of the project will have high environmental and
socioeconomic benefits to the people and will contribute to their well-being. Overall,
negative expected impacts are related to the planning and construction activities of the
project. Majority of these impacts are not considered significant and long-lasting and can
be mitigated through appropriate mitigation measures. The severity and duration of these
impacts can be minimized by ensuring that the construction and operation activities adhere
to the proper construction and operation standards specified by the design and supervision
engineers.
17. The positive benefits of the project will include:
i. Employment during construction
ii. Improved business opportunities
iii. Reduced travel times
iv. Improved security
v. Improved community wellbeing
vi. Improved community social infrastructure and social amenities
18. The major potential negative environmental and social impacts of the project will be felt
during the planning, construction and decommissioning of the project and include:
i. Site Related Oil Spills
ii. Soil Erosion and pollution Related Impacts
iii. Impact on Water Resources Pollution Biophysical Impacts
iv. Air Pollution
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) xvi
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v. Noise Pollution
vi. Proliferation of invasive species
vii. Impact on flora and fauna
viii. Generation of solid waste
ix. Loss of assets within the proposed road corridor
x. Increased Traffic accidents
xi. Influx of labour in search of opportunities
xii. Potential for conflicts due to limited resources and difference in culture
xiii. Increase in potential accidents and incidences along the road
xiv. Public Health & Safety
xv. HIV & AIDS Impacts Social Impacts
xvi. Potential for Gender-Based Violence (GVB) and harassment
xvii. Service Delivery Impacts (Impacts to Utility Service Provision)
xviii. Crime Management Increased Crime rates
xix. Child Labour and Protection (consider rephrasing)
xx. Gender Equity, Sexual Harassment
xxi. Increased community conflicts
xxii. Damage to private property
0.7 CUMULATIVE IMPACTS

19. Cumulative effects were considered taking into account other projects or actions planned
in the study area.
20. Considering that there are a number of proposed projects along the road corridor. The
assessment of cumulative impacts along the project road corridor has taken these projects
into account. Some of the projects include;
i. The LAPSSET road project from Lamu to Isiolo to South Sudan and Ethiopia.
ii. The Garissa – Modogashe A13, which intersects the project road at its end in
Modogashe.
iii. Various road works and on-going road construction projects along the road corridor by
KeRRA, the county Governments and the Constituencies through CDF
iv. Impacts on sourcing of construction materials along the corridor;
v. Any other initiatives in the project road corridor that may result in positive or negative
cumulative impacts were be included in the ESIA Study.
21. The cumulative impacts foreseen in the project for which mitigation measures were
provided for in the ESIA review and in the ESMP. The cumulative impacts are summarised
in the table below:
Table 0-1: Summary of the Likely Potential Cumulative Impacts

Environmental Potential Cumulative Impacts

Topic
Construction Phase Operation Phase
Increased Cumulative impacts may be considered Given that traffic volumes will
Traffic significant during construction. increase in the project area due
Bearing in mind that the host to improved road conditions.
population is unaware of traffic However, the proposed
regulations. mitigations on the ESMP need
to be strictly adhered to.

Environmental Potential Cumulative Impacts

Topic
Construction Phase Operation Phase
However, the proposed mitigations on
the ESMP are adequate and need to be
strictly adhered to.
Soil Providing adequate mitigation is place,
Degradation, no significant adverse cumulative
site related oil impacts are anticipated.
spills
Loss of flora and Cumulative impacts will only occur Improved road conditions will
fauna, during the construction phase if the lead to an influx of people as
proliferation of construction of other nearby projects well as development in the area.
invasive species coincides with that of the proposed Additionally, an increase in
NETIP project. road traffic will lead to
cumulative impacts on the
If this is the case, even greater attention
wildlife in the area, through
should be paid to the mitigation
potential increase in human
measures outlined in order to ensure
wildlife conflicts.
the cumulative impact will remain of
minor adverse significance However, the proposed
mitigation measures need to be
strictly adhered to in order to
mitigate these potential
negative impacts.
Air Quality Cumulative impacts will only occur The impacts of the proposed
during the construction phase if the road on regional air quality and
construction of other nearby projects greenhouse gases are predicted
coincides with that of the proposed to be negligible
project.
If this is the case, even greater attention
should be paid to the mitigation
measures outlined in order to ensure
the cumulative impact will remain of
minor adverse significance
Noise and There is the potential for cumulative
Vibration noise impacts of the proposed
development in conjunction with other
concurrent projects in the vicinity
arising from simultaneous demolition
and construction works.

Social Impacts Cumulative impacts will only occur Given that traffic volumes will
including: during the construction phase if the increase in the project area due
Labour influx, construction of other nearby projects to improved road conditions.
Crime,
disruption of
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) xviii
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Environmental Potential Cumulative Impacts

Topic
Construction Phase Operation Phase
services, coincides with that of the proposed However, the proposed
increased project. mitigations need to be strictly
conflicts, However, the proposed mitigations adhered to.
impacts on need to be strictly adhered to.
children, GBV
sexual
exploitation and
abuse
Interference Cumulative impacts will only occur
with water during the construction phase if the
resources construction of other nearby projects
coincides with that of the proposed
project.
However, the proposed mitigations
need to be strictly adhered to.

0.8 ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN (ESMP)

22. This was prepared to reduce, minimize or altogether eliminate the adverse negative
impacts. Positive impacts are project enhancements.
23. The ESMP is fully described in chapter 8 of this report, however the table below presents
the identified environmental and social impacts, their mitigation measures and the party
responsible for carrying out the mitigation measures, in summary.

Table 0-2: The Proposed Environmental and Social Management Plan (ESMP)

Project Cost (K.Shs.) Frequency Total Cost for

Environmen
Phase of a 2.5 year
tal / Social Mitigation Measure Responsibility
Payments construction
Impact
period
Pre- Loss of Values as per Lumpsum
construction Community Implementation of the RAP RAP Report
land along NLC & KeNHA
the project
road
Pre- Loss of Implementation of the RAP Values as per Lumpsum
construction Domiciles RAP Report
NLC & KeNHA
along the
road corridor
Pre- Loss of Implementation of the RAP Values as per Lumpsum
construction structures RAP Report
NLC & KeNHA
along the
way leave
Pre- Loss of Implementation of the RAP Values as per Lumpsum
construction planted RAP Report
vegetation
NLC & KeNHA
within the
proposed
alignment
Pre- Loss of Implementation of the RAP Values as per Lumpsum
construction fences within RAP Report
NLC & KeNHA
the proposed
alignment

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Pre- Loss Implementation of the RAP Values as per Lumpsum

construction Livelihoods NLC & KeNHA RAP Report

Construction Increased Provide and implement a traffic management Contractor supervised by 100,000 Monthly 3,000,000.00
Traffic plan the Resident Engineer
Provide traffic controllers
Provision temporary road signs or notices to
indicate ongoing works.
Effecting traffic controls to avoid congestion
and accidents on roads.
Choosing suitable traffic routes to reduce the
impact in the neighbourhood.
Ensuring no interference with traffic through
traffic control, designated parking, speed
limits and hiring a banksman.
Provision of a road safety analysis and
campaign including provision of road
crossing facilities for domestic animals and
people
Construction Site Related Employee awareness on company Contractor supervised by 50,000 Annually 125,000.00
Oil Spills procedures for dealing with spills and leaks the Resident Engineer
from oil storage tanks.
Containment of leaks.
100,000 Annually 250,000.00
Provision of absorbent material
Included in
Maintenance of contractor’s plant Contractor’s
Provision of relevant emergency numbers cost

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Construction Soil Provision adequate drainage facilities to Contractor supervised by Included in

Degradation channel water from one side of the road to the Resident Engineer Contractor’s
the other. cost
Restoration of the ground by allowing for Restoration of
natural revegetation or sowing adequate ground costs
grass cover and planting of trees. covered under
loss of flora and
Planning emergency response measures in
fauna
case of accidental oil spills.
Oil spill costs
Provision of a borrow pit/ quarry site
covered
rehabilitation plan, including standalone
ESIA for each new borrow pit/quarry site. Included in the
Contractor’s
clauses
Construction Proliferation Re-use of nutrient rich top soil in the areas of Contractor supervised by Included in
of Invasive origin. the Resident Engineer Contractor’s
Species cost
Making use of cut and fill road material
within similar homogeneous areas
Minimal stockpiling periods.
Proper storage of stockpiled material.
Manual removal of the invasive species such
as the Prosopis Juliflora (Mathenge) at
material/work sites to prevent proliferation. Annually 1,250,000.00
500,000
Construction Interference Provide a waste management plan Contractor supervised by Included in the
with existing Contractor’s
Proper solid and liquid wastes disposal the Resident Engineer
Water clauses
mainly from the construction camps, sites
Resources Annually 625,000.00
and offices. 250,000

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Ensuring proper measures are in place for

collection and disposal of spilled oils and Oil spill costs
lubricants. covered
The Contractor will source for new water Included in
sources for construction and after Contractor’s
construction these facilities can be given costs
back to the communities.
The Contractor will prepare and implement a
water sharing plan of any new source with
the surrounding community
Construction Employment Hiring unskilled construction and skilled (if Contractor supervised by Included in the
of Locals available) labour from the local population as the Resident Engineer Contractor’s
far as possible. Cost
Use of manual labour during excavation and
construction works where possible. Included in the
Prepare a labour influx plan to manage Contractor’s
labour influx clauses
Prepare an employment plan
Sensitizing workers and the surrounding Occupational Health
community on awareness, prevention and Included in
management of HIV / AIDS. HIV/AIDS
Provide an on-site clinic to provide VCT Impacts
services.
Included in the
Enforcing and maintaining a code of conduct Contractor’s
for his employees clauses
Ameliorate positive socio-economic impacts

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Construction Air Quality Use of protective clothing like dust masks on Contractor supervised by Included in PPE
construction crew. the Resident Engineer Costs
Monitoring of air quality during and after 10,000 per Annually 300,000.00
construction to ensure no major negative sample
impacts or come up with mitigation measures
Regular water spraying of murram and earth Included in
roads and construction sites contractor’s cost
Operation and maintenance of contractor’s
plant in compliance with relevant vehicle
emission standards and manufacturer’s
specification to minimize air pollution.
Construction Noise Avoiding night time construction when noise Contractor supervised by
Pollution is loudest near residential areas or areas near the Resident Engineer
wildlife.
No discretionary use of noisy machinery
within 50 m of residential areas and near
institutions or use of manual labour in these
sections or give notice to these institutions.
Good maintenance and proper operation of
construction machinery. Included in
Contractor’s
Where possible, ensure non mechanized cost
construction to reduce the use of machinery
40,000 per
Annual noise measurement sample 1,200,000.00
Construction Loss of Flora Discuss with the local community and Contractor, Local 10,000,000 Lumpsum 10,000,000.00
and Fauna relevant authorities on methods of Administration
revegetation or compensation for the lost
vegetation.

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Avoid night time construction when noise is Contractor supervised by Included in

loudest near areas known to have wild the Resident Engineer Contractor’s
animals. cost
Lumpsum 1,000,000.00
Project will install road signs and speed 1,000,000
pumps on the known elephant and other Per 4,500,000
1,500,000
wildlife crossing points to regulate speed and Crossing
warn motorist Included in
Contractor’s
Ensure all the Contractor’s camps are sited cost
away from the wildlife corridors to prevent
conflicts.
Construct dual usage box culverts along the Included in
project road for the domestic and wildlife Contractor’s
animal crossings cost
Collaborate with Kenya Wildlife Service and
other stakeholders to protect wildlife during Oil spill costs
construction covered
The Contractor code of conduct should
include conditions on wildlife conservation
and measures to be errand workers Covered in
water resources
Avian nesting sites found along the road cost
should be relocated before trees are cleared
for the road construction
Avoid fires and smoking of cigarettes in
areas with indigenous vegetation as the area
is arid and a small spark can cause fire which
shall affect vegetation and wildlife
Stockpiling of construction material in areas
that are naturally void of vegetation.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Esure all the Contractor’s camps are sited

away from the wildlife corridors to prevent
conflicts.

The Contractor will ensure that the

employees on site are aware of the company
procedures for dealing with oil spills and
leaks
Provide a waste management plan
Provision of dustbin and sanitation facilities
within the Contractor’s camp to prevent
seepage into the natural environment.
Construction Occupational Provide and implement an occupational Contractor supervised by 2,000,000 Lumpsum 2,000,000.00
Health & health and safety plan. the Resident Engineer
Safety Ensure that all construction machines and Included in
equipment are in good working conditions Contractor’s
and to manufacturer’s specifications to cost
prevent occupational hazards. Annually 10,000,000.00
4,000,000
Provide workers with appropriate personal
protective equipment (PPE).
Monthly 1,500,000.00
Provide workers with adequate potable water 50,000
and breaks. Included in
Provide a fire marshal and a health and safety Contractor’s
officer fulltime on site cost
Provide workers training on safety 50,000 Bi-annually 2,500,000.00
procedures and emergency response

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Work to minimize or altogether eliminate 500,000

mosquito breeding sites. 100,000 Bi-annually 2,500,000.00
Provide and implement a waste management Monthly 1,500,000.00
plan
Included in the
Provision and implementation of an Contractor’s
employee code of conduct clauses
Provide clean toilets for workers, these
500,000
toilets will be to World Health Organisation Annually 1,250,000.00
standards.
Construction Community Implementation of the stakeholder Included in the
Health & engagement plan stakeholder engagement
Safety plan
Provide and implement an occupational
health and safety plan which will have an Contractor supervised by
aspect of public health and safety. the Resident Engineer
Roads passing through population centres
will be water sprayed to reduce dust. 50,000 Monthly 1,500,000.00
Work to minimize or altogether eliminate
mosquito breeding sites.
Provide a waste management plan
Provide and implement a stakeholder
engagement plan
Provide a whistle-blowers policy to ensure
wellbeing of whistle-blowers
Implement a grievance redress mechanism to
ensure community concerns are addressed.

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Fence off the sites with security to avoid

unauthorized access to the borrow site(s) and 1,000,000 Annually 2,500,000.00
hence mitigate potential injuries.
Construction Labour Hiring unskilled construction and skilled (if Contractor supervised by Included in the
Influx available) labour from the local population as the Resident Engineer Contractor’s
far as possible. Cost
Use of manual labour during excavation and
construction works where possible.
Prepare a labour influx plan to manage Included in
labour influx labour influx
Sensitizing workers and the surrounding cost
community on awareness, prevention and Public Health Officer Included in
management of HIV / AIDS. HIV/AIDS
Provide an on-site clinic to provide VCT Impacts
services.
Enforcing and maintaining a code of conduct
for his employees

Construction Increase in Sensitizing workers and the surrounding Contractor 350,000 Bi-annually 1,750,000.00
cases of HIV communities on awareness, prevention and Appointed Health and
& AIDS management of HIV/AIDS. Safety Officer
Provide an on-site clinic to provide VCT
services to construction crew and provision 100,000 Monthly 3,000,000.00
of ARVs for vulnerable community
members
Included in the
Provide a HIV/AIDS management plan Contractor’s
clauses

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Construction Disruption of Provide a traffic management plan which Contractor Included in

Service will provide alternative routes, traffic traffic costs
Delivery controllers, concrete barriers and speed
Impacts limits for motorists.
10,000
Communication any intended disruption of KeNHA & Relevant Monthly 300,000.00
the services. service provider Included in the
Contractor’s
Prepare a stakeholder engagement plan clauses
Repair of any affected areas in consultation
with the local authorities.
Construction Crime Fencing off the Contractor’s camp with plant Contractor supervised by Included in
Management and materials. the Resident Engineer Contractor’s
and Security cost
Working with local committees in addition to
Risk the Contractor’s own security.
Removing any employee who persists in any
misconduct or lack of care, carries out duties
incompetently or negligently, fails to
conform to any provisions of the contract, or
persists in any conduct which is prejudicial
to safety, health, or the protection of the
environment.
Taking all reasonable precautions to prevent
unlawful, riotous or disorderly conduct by or
amongst the contractor's personnel.
Prohibiting alcohol, drugs, arms, and
ammunition on the worksite among
personnel.

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Logging all events of a criminal nature that

occur at the worksite or are associated with
the civil works activities.
Reporting all activities of a criminal nature
on the worksite or by the contractor's Included in the
employees to the police. Contractor’s
clauses
Prepare a code of conduct for signing by all
staff members
Construction Increased Contractor, RE and Included in
Community Contractor’s
After sourcing and making use of new water KeNHA
Conflicts cost
sources, the Contractor should give them Lumpsum 5,000,000.00
back to the community. 5,000,000.00
Monthly 6,000,000.00
Provision of CSR where possible 200,000.00
Ensure working grievance redress
mechanism. Monthly 3,000,000.00
100,000.00
Preparation and implementation of a
stakeholder engagement plan
Construction Impacts on Ensuring than each employee signs a code of Contractor supervised by Included in the
children conduct that covers child protection the Resident Engineer Contractor’s
Ensuring no children are employed on site in Local Administration clauses
accordance with national labour laws
Ensuring that any child sexual relations
offenses among contractors' workers are
promptly reported to the police
Construction Project Provide and implement a gender-based Contractor supervised by
Impacts on violence strategy which will form the the Resident Engineer
women Contractor’s clauses and should include: Local Administration

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Gender mainstreaming in employment at the

worksite with opportunities provided for
females to work, in consonance with local
laws and customs
Grievance redress mechanisms including
non-retaliation. Included in the
Provide and implement an employee code of Contractor’s
conduct clauses
The works contractor should be required,
under its contract, to prepare and enforce a Included in the
No Sexual Harassment and Non- Contractor’s
Discrimination Policy, in accordance with clauses
national law where applicable.
Ensure equitable distribution of employment
opportunities between men and women
Ensure flexible work hours for women to
ensure minimal interference with their
family roles.
Involvement of women in the periodic
dialogues/consultations with contractors and
host communities during construction.
Construction Liability for Provision of PPE. Contractor supervised by Included in
loss of life, Training workers on the operation of the the Resident Engineer Contractor’s
injury or machinery and equipment Appointed Health and cost
damage to Safety Officer
private Adequate warning and directional signs.
property Ensuring that the prepared code of conduct
for staff is followed to prevent accidents.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
Upgrading to Bitumen Standards of Isiolo – Modogashe Road Section 190km (A10/B84) xii
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Developing a site safety action plan.

Cordoning off unsafe areas
Provision of first Aid kit within the
construction site.
Recording of all injuries that occur on site in
the incident register, corrective actions for
their prevention are instigated as appropriate.
Compliance with the Workmen's
Compensation Act, ordinance regulations
and union agreements.
Repairing any damage done to private
property.
Prepare and implement a grievance redress
mechanism
Construction GRC GRCs will be set up to ensure all potential Contractor, RE KeNHA, 300,00.00 Monthly 9,000,000.00
Facilitation grievances are logged and resolved and will Local administration and
Costs need a cost which will be included in the NGO
implementation costs
Construction Stake Holder Implementation of a stakeholder engagement Contractor, RE, 300,00.00 Monthly 9,000,000.00
Engagement plan throughout the construction phase KeNHA, Local
Administration
Total ESMP Cost during Construction Phase of the Project 84,550,000.00
Operation Increased Provision and maintenance of safety signage KeNHA
Traffic along along the corridor.
the Project Periodical road safety audits.
Alignment 500,000 Annually

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
Upgrading to Bitumen Standards of Isiolo – Modogashe Road Section 190km (A10/B84) xiii
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Operation Increased Partnership with wildlife NGOs and

human conservation efforts to monitor the any
wildlife incidences and provision of mitigation
conflict measures.
Maintenance of animal crossing
infrastructure including signs and structures.
Operation Air Quality Policing of unroadworthy vehicles to reduce Police
air pollution.
Operation Community Provision and maintenance of safety signage KeNHA
Health and along the corridor. Included in
Safety Periodical road safety audits. traffic cost
Operation Risk of truck Provision of visible signage. KeNHA
drivers Working with the police to ensure proper use
stopping of truck stops.
along the
project area Encouraging the establishment of businesses
near the truck stops to service the truck stops.
Operation Impacts of KeNHA to work with the County KeNHA County 1,000,000.00 Annually
newcomers Government on integration between Governments and
to the project newcomers and host communities. Administration
area.along
the project
area
Decommissi Decommissi Provide and implement a decommissioning Contractor 300,000.00 Per Site
oning oning of plan including backfilling, revegetation,
exhausted disposal of waste material, recycling of
material sites recyclable material and hand over to the
community or relevant authority in the case
of water sources.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
Upgrading to Bitumen Standards of Isiolo – Modogashe Road Section 190km (A10/B84) xiv
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Decommissi Decommissi Provide and implement a decommissioning Contractor Included in the

oning oning of the plan including revegetation, disposal of Contractor’s
Contractor’s waste material, and recycling of recyclable cost
camp material.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
Upgrading to Bitumen Standards of Isiolo – Modogashe Road Section 190km (A10/B84) xv
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0.9 INSTITUTIONAL FRAMEWORK FOR THE IMPLEMENTATION OF THE ESIA

24. The overall implementation and monitoring of the ESIA/ESMP is the responsibility of
KeNHA. The Deputy Director (DD), Environment and Social Safeguards in Kenya
National Highways Authority has been designated, with the responsibility to oversee and
coordinate various aspects related to environment, social, health and safety management in
the project. KeNHA will also assign a dedicated Environment and Social Safeguards staff
for the project. The safeguards team will undertake environmental and social monitoring
of the ESMP in conjunction with the relevant government departments that have been given
that responsibility by the Kenyan laws. In addition to the existing safeguards human
resources at the unit, KeNHA has engaged two (social and environment) consultants on a
full-time basis to complement and provide dedicated support to the project. KeNHA will
be represented on site by a Supervision Consultant. The Project Supervision Consultant
will assist KeNHA to provide a full-time presence on site to manage the contracts. The
Project Supervision Consultant will comprise of among others the Resident Engineer who
will have a qualified full-time Environmental Expert, Sociologist and inputs from a RAP
Expert to guide on matters of land acquisition. The Contractor will also have an
environmental officer, health and safety advisor and social officer to support in managing
potential environmental, social, health and safety risks and impacts. Also, the project will
recruit services of a Civil Society Organization that will support the project in GRM, Social
Communication and Stakeholder Engagement.
25. The Table below provides the proposed institutional framework for the implementation of
the ESIA
Table 0-3: Proposed Institutional Framework for the Implementation of the ESIA

Name of Institution Role of Institution

KeNHA Will be an overall implementing agency.
Appoint dedicated staff (environmentalist and
sociologist) to ensure the implementation of
environmental and social safeguards.
Induction of the Contractor and Supervision team on
national and World Bank Safeguards requirements for
the project.
Design an environmental, health and social management
system for the project.
Training of the Contractor and Supervision teams on
Environmental and Safeguards and national
requirements .
Review and approval of the construction ESMP and
plans
Regular monthly (and when need arises) supervision of
the ESMP implementation
Review of environmental and social performance of the
Contractor and Supervision team.

NLC Support KeNHA in the implementation of the RAP,

including verification of PAPs, and disbursement of
payments
NEMA Provide approval of the ESIA report
Review Environmental and Social Audits.
Escalate unsolvable grievances to the tribunal.
Directorate of Occupational Safety Provide OSH permits for workplaces of the project
and Health Services (DOSHS) including campsites and quarries
Conduct inspections to ensure conformance to OSHA
Kenya Wildlife Service (KWS) KWS will guide and monitor road construction through
animal migratory routes
Water Resources Authority WRA will provide the necessary borehole and water
(WRA) extraction permits from local streams.

The National Museums of Kenya The National Museums of Kenya will provide
guidelines in case any discoveries or existing cultural
and natural heritage resources within the project area.
Department of Community Work with poor, marginalized, vulnerable and
Development disadvantaged communities as its primary target group
will ensure that this group is supported and is not left out
of the project implementation
National Gender and Equality This commission will be charged with ensuring gender
Commission equality and equity throughout the implementation of
the project. Representatives will monitor and evaluate
gender quality and equity with regards to job provision
and harassment cases on site to ensure compliance with
the law.
Resident Engineer Review and approval of the Contractor’s ESMP and
plans
Regular training of the Contractor on ESMP
requirements
Daily review and monitoring of the implementation of
the construction ESMP
Inspect the Contractor’s equipment, personnel and
community in terms of safety.
Supervise and monitor environmental and social
measures and in the event of any occurrence of
unexpected impact co-ordinate with the Contractor on
mitigation measures.
The Contractor The Contractor will be the implementer of the road
works in accordance to the prepared design.

Prepare and implement the construction ESMP

Monthly reporting on the implementation on safeguards
Immediately report on serious incidences to the RE and
relevant regulatory body
Prepare daily supervision CESMP plans

0.10 CONTRACTOR’S CLAUSES

26. The Contractor’s clauses will include various plans and safeguards the Contractor will be
expected to prepare and implement during the construction phase of the project. These
safeguards will be required as a part of the requirements in the bidding documents. The
safeguard documents required will include:
i. A construction environmental and social management plan
ii. Occupational health and safety plan
iii. Waste management plan
iv. Traffic management plan
v. Borrow pit and quarry site rehabilitation plan
vi. Child Protection Strategy
vii. HIV/AIDS management plan
viii. Code of Conduct
ix. Employment plan
x. Grievance redress mechanism
xi. Prevention and protection against gender based violence and sexual exploitation
xii. Labour influx plan
xiii. Stakeholder engagement plan
xiv. Whistleblower policy
27. During the bidding process, the Contractor will be expected to include a brief methodology
of the implementation of these Environmental and Social Safeguards and attach a cost of
implementation of these plans in his proposal bid.
28. In addition the Contractor will have to provide relevant staff for the implementation of the
safeguards including a CLO and EHS expert.
0.11 CONCLUSION

29. The improvement of the project road will greatly contribute to the improvement in the
socio-economic structure of the Northern Frontier. The project road will act as a major road
linking Isiolo county to Wajir, Meru and Garissa Counties, reducing travel times and the
improvement in service provision in the project area.
30. The negative impacts identified in this ESIA during the planning, construction, operation
and decommissioning phases of the project, including waste generation, air pollution, noise
pollution, occupational health and safety impacts, community health and safety impacts,
traffic, labour influx, gender based violence impacts, increase in crime, increase in potential
accidents, potential of conflicts due to cultural differences and pressure on limited resources
and sexual harassment can be mitigated using the measures proposed in the ESMP as well
as the preparation and implementation of safeguard policies provided in the report.
31. In addition, the recommendations of the public consultation and participation was
incorporated into the findings of this report, some of the major issues addressed in the
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) xviii
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public participation include resettlement, compensation and alternative routes which will
be mitigated by implementation of a RAP.

1 INTRODUCTION

1.1 KENYA NATIONAL HIGHWAYS AUTHORITY (KENHA)

32. The Ministry of Transport, Infrastructure, Housing & Urban Development is the overall
government body charged with ensuring transportation and accessibility of all areas within
the country. It does this through Kenya National Highway Authority (KeNHA). Kenya
Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KERRA) within the
country in meeting its mandate.
33. Kenya National Highways Authority (KeNHA) is a state corporation, established under the
Kenya Roads Act 2007 with the responsibility for the management, development,
rehabilitation and maintenance of international trunk roads linking centres of international
importance and crossing international boundaries or terminating at international
ports(Class A road), national trunk roads linking internationally important centres (Class B
roads), and primarily roads linking provincially important centres to each other or two
higher-class roads (Class C roads).In undertaking this mandate, the Authority propels the
country to achieve its infrastructure goals espoused in the vision 2030.
1.2 THE PROJECT

34. The Government of Kenya has received funding from the World Bank towards the cost of
the North-Eastern Transport Improvement Project (NETIP) and intends to use a portion of
the proceeds of the credit for upgrading 348 km of the Isiolo-Wajir road to bitumen
standard. This includes the Isiolo – Modogashe section with a total length of 190km.
1.2.1 NETIP Project Description

35. Road transport is the predominant mode of transport in Kenya, carrying approximately 93%
of all cargo and passenger traffic in the country. The road network in Kenya has been
established to be approximately 160,886 km long, comprising of approximately 11,189km
of paved roads and 149,689km of unpaved roads. The bulk of the road network in Kenya
lies within the highly populated parts of the country, providing some level of access to the
rest of the country. In sparsely populated areas of the North-Eastern counties of Isiolo,
Wajir, Mandera and Garissa covering a total area of approximately 152,694km2 or 26% of
Kenya's land mass has a road network of only 9,386km or 6% of the total road network in
the country which is predominately unpaved. The poor condition of road network in these
areas has contributed to uneven distribution of local produce due to time factor and
breakage. The effect of this is that recovery and development costs in all sectors are
adversely affected, hindering a rapid development of the region. In addition, failure to
improve the road conditions of the transport corridors in this region that provide access to
the sea and productive centres hinders the realization of full benefits from devolution.
36. It is against this background that the Government of the Republic of Kenya (GoK) has
applied for funds for the towards upgrading the Isiolo - Mandera road to bitumen standards
under North-Eastern Transport Improvement Project (NETIP) The project is aimed at
addressing the constraint by upgrading the Isiolo-Mandera road from its current unpaved
state to paved road standards. The NETIP road corridor is shown in the figure below:

Figure 1-1: Map showing the location (red line) of the proposed NETIP corridor

37. World Bank is financing the designs for the entire road corridor while construction
financing will be done by the World Bank, Gok and Arab Bank, as per the table below:
Table 1-1: Summary of Construction Finiancing for the NETIP Project

S.No Road Section Length of the road section (km) Financier

1 Isiolo -Kulamawe 77 World Bank
2 Kulamawe -Modogashe 113 World Bank
3 Modogashe -Samatar 90 Arab Banks

S.No Road Section Length of the road section (km) Financier

4 Samatar-Wajir 67 GoK Annuity
5 Wajir -Kutulo 119 World Bank
6 Kutulo-Dabasit 28 World Bank
7 Dabasit -Elwak 28 World Bank
8 Elwak-Sukelatifa 71 GoK Annuity
9 Sukelatifa-Rhamu 71 GoK Annuity

38. The North Eastern Improvement Project (NETIP) is aimed at enhancing connectivity
between Kenya and Somalia as well as Ethiopia. This will be done in three components
namely:
1) Component 1: Upgrading Selected Critical Road Infrastructure and associated
roadside amenities (US$455.50 million).
39. This component includes:
a) Support to KeNHA to carry out design review and feasibility and detailed design studies
for upgrading and construction of the 344km of the Isiolo-Wajir-Mandera comprising
the following road sections: (i) Isiolo-Kula Mawe (77km); (ii) Kulamawe-Modogashe
(113 km); (iii) Modogashe Habaswein (51km); (iv) Habaswein-Samatar (41km); (v)
Samatar-Wajir (67 km); and (vi) Wajir-Elwak (175km);
b) Provisions for roadside social amenities and Human Immunodeficiency Virus
Infection/Acquired Immune Deficiency Syndrome (HIV/AIDS) prevention measures
to help raise awareness and provide mitigation interventions to support efforts to protect
the local community, drivers and contractors personnel;
c) Carry out a program of activities designed to implement transport, trade and
development facilitation measures, for instance, a program to cover activities such as
carrying out a study to enhance social infrastructure and social services delivery along
the corridor;
d) Designing and establishing facilities and marketing system for pilot pastoralist roadside
markets;
e) Provision of market shades, milk cooler, slaughterhouses, veterinary posts, livestock
holding area in selected locations;
f) Designing and implementing activities to support key Project stakeholders such as
county governments, communities, and households on management and operational
modalities of these facilities;
g) Strengthening the capacity of KeNHA in enhancing the road design manuals and
specifications as well as contract management, value engineering, road maintenance,
safeguards and procurement management and training; and
h) Preparation of future projects.
2) Component 2: Institutional Development and Project Monitoring and Management
(US$12.50 million)
40. This component includes:
a) Support to the State Department of Infrastructure on enhancing project management
and oversight capacity, maintenance management and engineering capabilities in the
transport sector;
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 1-3
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b) Support to Materials department in mapping road construction material sites;

c) Supporting the State Departments of Infrastructure and Transport in the monitoring and
evaluation of the projects;
d) Support to strengthen the National Transport and Safety Authority to: (i) conduct needs
assessment, vehicle safety inspection and safety audits; (ii) strengthening enforcement
capability of the Authority and post-impact care; and (iii) assessing road safety on the
Isiolo-Mandera Corridor;
e) Strengthening the capacity of the National Construction Authority in overseeing and
developing the local construction industry; and
f) Training and coordination of Project implementation activities, including audits, and
the monitoring and evaluation of progress achieved in the execution of the Project.
3) Component 3: Enhancing Internet Connectivity (US$34.00 million). Support to
Information and Communication
41. Technology Authority for:
a) Carrying out feasibility and detailed design and the construction of a fiber optic cable
network, alongside the part of the Isiolo-Mandera Corridor;
b) Construction of fiber spurs and rings and provision made for connecting selected
schools, hospitals and other strategic locations including pastoralist roadside markets,
rest stops and community and service centers along the corridor;
c) Connecting community information centers with fiber optic connection and advisory
services in the management of these facilities and services; and
d) Institutional strengthening of ICTA and training.
1.2.2 Isiolo – Modogashe Road Section

42. The Isiolo – Modogashe road section of the road falls under component 1 of NETIP.
43. This updated ESIA report covers the road section from Isiolo to Modogashe. The proposed
design and construction intends to improve the road section from its existing state to
bitumen standards. In addition, the new road corridor will provide an emergency runway
for light aircrafts in addition to other road furniture.
44. The proposed project will provide for social infrastructure that may include market shades,
milk cooler, slaughterhouses, veterinary posts, livestock holding area, whose exact
locations and designs are unknown at this stage of project preparation . Thus, the Borrower
has prepared the Environmental and Social Management Framework (ESMF), the ESMF
sets out the principles, rules, guidelines and procedures to assess the environmental and
social impacts of subprojects prepared during Project implementation including
ESIAs/ESMPs, ARAP and RAPs. It includes guidelines to prepare measures and plans to
reduce, mitigate and/or offset adverse impacts and enhance positive impacts of subprojects,
provisions for estimating and budgeting the costs of such measures, and information on the
agencies responsible for addressing project impacts. The supplementary safeguard
instruments will be prepared by KeNHA, reviewed and approved by the Bank.
1.3 NEED FOR THE ESIA REVIEW AND UPDATE

45. During the project concept note approval, the project road was assigned as an
Environmental Assessment category “B”, however during the project preparation,
emerging issues led to its Recategorization to Category ‘A’ as per the World Bank
Safeguards Policy OP/BP 4.01 Environmental Assessment, requiring a full assessment. A
project is classified as Category A if it is likely to have adverse environmental and social
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 1-4
Zamconsult Consulting Engineers November 2019

impacts that are significant, generally large-scale, irreversible, sensitive, diverse,

cumulative or precedent setting and may affect an area broader than the sites or facilities
financed by the project. The proposed road project will have potential significant
environmental and social impacts along the road corridor in all phases of the project
including loss of grazing land along the road, change in the landscape not just along the
quarry and borrow sites (loss of materials), occupational health and safety risks, soil and
water pollution, potential impacts related to camps establishment, establishment of larger
market centres and towns, influx of new populations in search of new opportunities,
interference with existing ways of life, potential GBV, potential increase in communal
conflicts, pressure for existing natural resources, increase in traffic during the operation
phase leading to an increase of foreign members to the communities. All these impacts will
have potential to result in significant change to the existing status quo, thus requiring an in
depth ESIA study provided in this report.
1.4 OBJECTIVE OF THIS REPORT

46. The main objective of this report will be to review and update the existing ESIA report
including review of the potential impacts of the project on the physical, biological, social
and environment surrounding the project, with an aim of mitigating the negative impacts
and augmenting the positive impacts.
1.5 METHODOLOGY OF WORK

47. To commence the works the Consultant had an initial meeting with the Client in order to
kick off the ESIA process, agree on the terms of reference for conducting the ESIA and
establish a working relationship.
48. The next step included screening and a site reconnaissance and preparation of an inception
report which included an updated methodology for conducting the ESIA. Following the
screening process, the impacts of the project were seen to affect not only the road corridor
but the surrounding plant and animal communities, borrow sites and quarry sites. As such
the project was identified as category A with high risk and warrants the controls that come
with a typical Category A project. A proposed project is classified as Category A if it is
likely to have adverse environmental impacts that are significant, generally large-scale,
irreversible, sensitive, diverse, cumulative or precedent setting and may affect an area
broader than the sites or facilities financed by the project. The proposed road project will
have a major impacts along the road corridor in all phases of the project including loss of
grazing land along the road, change in the landscape not just along the quarry and borrow
sites (loss of materials), establishment of larger market centres and towns, increase in traffic
during the operation phase leading to an increase of foreign members to the community.
All these impacts will have a permanent change to the existing status quo, thus requiring
an in depth ESIA study provided in this report.
49. The ESIA review and updating included a desktop study, field investigations and data
collection, stakeholder identification and engagement, impact assessment and mitigation
measure development. These steps are highlighted in the sections below:
1) Desktop Study
50. This mainly involved;
 Review of the Design Review, ESIA reports, RAP reports, gender analysis and design
review documents for the proposed road, including subsequent annexes to the reports.

In order to establish the project scope, background, potential impacts and gaps within
the reports to provide an update on the same.
 A review of baseline data, maps, reports and any relevant information on the existing
environmental and social conditions of the Project Area influenced by the proposed
development.
 Review of existing National Legislation, Regulation, World Bank Safeguards Policies
and Procedures, relevant to the proposed Project and the World Bank Group
Environmental, Health and Safety Guidelines ;
 Preparation of checklists consisting of a simple catalogue of environmental and social
factors which were compared to the activities to be developed.
 Early meetings with the Client to deliberate on the proposed project, keeping in mind
the site and activity options under consideration;
2) Field Investigations and Data Collection
51. Activities implemented during field investigations involved;
 Site visits to the Project Area and the neighboring areas within the zone of influence of
the project.
 Photographing the significant aspects to aid in describing baseline environmental and
social conditions of the Project area and its influence zone.
 Identifying potential sensitive environmental and social receptors within the project
area of influence including vulnerable and marginalized communities and vulnerable
animal and plant species, in order to establish the people or environments that may
suffer disproportionately due to the project and find solutions to mitigating the
measures.
 Review and update of collected baseline environmental and social data which will be
used for monitoring purposes throughout the different phases of the project.
52. The main purpose of the field investigation was to verify information and data collected
during the desktop study and collection of any new information that may assist in the
assessment of impacts and design mitigation measures.
3) Stakeholder Identification and Engagement
53. The consultant conducted additional stakeholder identification and engagement based on
the desktop review in order to fill any potential gaps. The stakeholder identification and
engagement included; identifying the various road authorities, county officials, KWS
officials, local leaders as well as the general public in the project area. Following the
identification of the different stakeholders, different methods of engaging with these
stakeholders based on their roles and positions were devised. The Consultant made use of
ad hoc interviews, key informant interviews and public consultation meetings at various
market centres along the road. The stakeholder engagement plan employed is provided in
appendix 11.1 of this report.
4) Impact Identification, Analysis and Mitigation Measure Development
54. Following the fieldwork and desktop studies, the Consultant identified the potential impacts
from the project and activities. The impacts were analysed divided based on
 Nature if the impact was positive or negative
 Effect; if the impacts were direct or indirect
 Direct: applies to impacts which can be clearly and directly attributed to a particular
 Time Range; if the impacts were short term, medium term or long term

 Reversibility; if the impacts were reversible or irreversible

55. Following the impact identification, the Consultant identified mitigation measures for the
negative impacts and methods of augmenting the positive benefits of the project. Mitigation
measures were provided using best practice measures in the industry as well as health and
safety guidelines provided by the various laws and policies.

2 PROPOSED PROJECT DESCRIPTION

2.1 LOCATION

56. The project road covers a total length of 190km through Isiolo-Kulamawe-Modogashe. It
is part of the road corridor that traverses Isiolo and Meru Counties. The project road is
categorized as A10/B84 under the new road classification. The project road is shown in the
map below:

Figure 2-1: Map Showing the Location of the Project Road in Black (The Counties are shown in the smaller
Map)

57. The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km
from Isiolo town Central Business District (CBD) at GPS co-ordinates 0° 22’ 94”N and 37°
36’ 15”E and traverses for approximately 3Km in easterly direction within Isiolo County.
The alignment then exits Isiolo County into Meru County, curving into a north-easterly
direction traversing approximately 63Km to Kachuru trading centre in Meru County, where
it exits Meru County back to Isiolo ending at Modogashe at GPS co-ordinates 0° 44’ 74”
N and 39° 10’ 21” E.

2.2 CURRENT ROAD NETWORKS IN THE AREA

2.2.1 Current Road Condition

58. The project road which forms part of the Isiolo - Mandera corridor (a class A road), is
among one of the major roads that remain unpaved in Kenya. The road has for the longest
time been to earth standard with dismal level of maintenance, thereby making the region
inaccessible due to the time factor and breakage of vehicles.
59. With the formation of the road authorities, the project road has undergone upgrading to
gravel standard for most of the sections by KeNHA and continues to benefit from the
routine maintenance program funded by Kenya Roads Board (KRB) using Road
Maintenance Fuel Levy (RMLF).
60. The project road is characterized by several dry river crossings (laggas) which render the
road impassable at some sections during the rainy season. Majority of these river crossings
have drifts with one river having a single lane bridge.
2.2.2 Vertical and Horizontal Alignment

61. The existing horizontal alignment is characterised by long straights and horizontal curves
with characteristic short lengths and long radii. While the vertical alignment of the project
road is characterized by a gentle slope from a high of 1100masl at Isiolo town to a low of
approximately 805 masl at Kulamawe trading centre and finally 262 masl at Modogashe.
2.2.3 Existing Road Reserve

62. According to cadastral maps and a confirmatory topographical survey conducted during the
design review in 2018, identified that the existing road reserve from the Junction at Isiolo
to the Isiolo Army Barracks is about 30m, however after the barracks the given road reserve
is unknown since majority of the land is undergoing or has not undergone adjudication, as
such the full extent of the road is undetermined. The carriageway however ranges from 7m
to 11m along the entire road corridor.
2.2.4 Other Road Projects in the Area

63. Several road and development projects have been earmarked for development in the project
area. These include:
i. The LAPSSET road project from Lamu to Isiolo to South Sudan and Ethiopia. Within
Isiolo, the LAPSSET is currently undergoing RAP implementation before
commencement of construction works. The LAPSSET project road will intersect the
project road near Kulamawe.
ii. The Garissa – Modogashe A13 road is currently undergoing upgrading to bitumen
standards and will intersect the Project Road at Modogashe.

2.3 PROPOSED PROJECT AND ITS OBJECTIVES

64. The proposed project road is expected to meet the following objectives and service needs
both during construction and operation phases of the project:
 Improve the region’s road network,
 Reduce travel time along and across the roads,

 Enhance the operational efficiency of the road,

 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide social amenities for the local communities and promote community
development,
 Improve security within the project area,
 Provide employment opportunities to local inhabitants, among other benefits.

2.4 DESIGN COMPONENTS AND PROJECT FEATURES

65. This chapter identifies the project design for the proposed road including design processes
and road features.

2.4.1 Traffic Survey, Analysis and Design

1) Motorised Traffic
66. The traffic survey adopted was based on traffic studies conducted at the following town
centres:
 At 1 – Isiolo (on three legs of A2 and B9)
 At 2 – Ndumuru (on three legs of B9 and D486)
 At 3 – Kachuru (on three legs of B9 and E1872)
 At 4 – Garbatula Junction (on four legs of B9 and E802)
 At 5 – Modogashe (on three legs of B9 and C81)
67. Traffic surveys were conducted for a duration of 7 days consisting of classified manual
traffic counts augmented with one-night count and a 24-hour Origin/ Destination (O/D)
study.
68. Following the traffic surveys and based on the poor state of the roads, relatively low
economic activity and the insecurity in the project areas, traffic had not changed
significantly since the last survey.
69. Observations and conclusions from the traffic survey were that:
 There was a high increase in the number of motor cycles from 2005 to 2015 and further
to 2017.
 The traffic volumes have only increased marginally from 2015 to 2017.
 The high number of motorcycle traffic is an indicator of underlying unmet travel
demand which ideally should be served by PSVs.
 Traffic growth (and by extension, economic growth) has been stifled by the condition
of the road. The areas therefore appear to be lagging as the rest of the country is
experiencing exponential growth in traffic.
70. The Consultant therefore made projections of the increased traffic taking into account all
the factors of growth including GDP and expected growth rate due to improved road
condition.
71. Following the review of the traffic survey and taking into account the LAPPSET traffic
expected an initial traffic class T1 was proposed for design, however following further
review, class T2 was proposed for the project road, in order to correlate with the rest of the
Isiolo – Mandera corridor, with the provision that the road at the LAPSSET section could
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 2-10
Zamconsult Consulting Engineers November 2019

be strengthened when the full LAPSSET traffic sets in. In addition, traffic class T3 was
considered for the loop and service roads.
2) Light Aircraft Traffic
72. The project road will make provision for an emergency runway for light aircrafts, based on
the design manual.
3) Non-Motorised Traffic
73. Making use of recommendations from AASHTO, the design Consultant proposed 2m of a
combined pedestrian and motor cycle or bicycle cycle lane on either side of the project
road.
74. No animal and hand drawn carts were provided for since these would require an additional
lane which would be uneconomical and it was recommended that these should not operate
on the proposed road due to safety issues. Due to low level of education the signage to be
provided will include animated signages. In addition, it was projected that these numbers
would reduce with an increase in economic growth.
2.4.2 Materials Investigations

1) Alignment of Soil
75. The design consultant conducted sampling along the road at intervals of 1-2Km intervals
and following testing the project road was divided with homogeneous sections as shown in
the table below:
Table 2-1: Summary of Soil Alignment along the Road

Section From To Km Length Mean Min Max Sub Grade

Number Km (Km) CBR % CBR % CBR % Class
HS 1 0 5 5 15.5 10.0 21.0 S4
HS 2 5 12 7 13.0 10.0 18.0 S3
HS 3 12 34 22 16.2 10.0 22.0 S4
HS 4 34 49 15 13.1 10.0 16.0 S3
HS 5 49 68 19 16.9 11.0 24.0 S4
HS 6 68 77 9 13.8 10.0 18.0 S3
HS 7 77 87 10 12.4 8.0 19.0 S3
HS 8 87 96 9 20.6 18.0 23.0 S4
HS 9 96 107 11 15.8 12.0 20.0 S4
HS 10 107 134 27 17.8 13.0 22.0 S4
HS 11 134 157 23 15.2 11.0 20.0 S4
HS 12 157 184 27 17.1 14.0 22.0 S4
HS 13 184 192 8 15.6 13.0 18.0 S4
*S3 to S4 soils include clayey silts and ash

2) Earthworks and Fill

76. The project road will have adequate cut and fill quantities to formation level of the road.
As such no further material was required.
3) Gravel Material Sites
77. Twenty three sites were identified as suitable for the provision of gravel for the road
construction. These sites are summarized in the table below:

Table 2-2: Investigated Gravel Material Sites

No. GPS Location Design Chainage Approximate

Label Area
1 0352478, 0042440 MS 1 Km 10+800RHS 350x200 m2
2 0371669, 0052959 MS 2 Km 33+600LHS 500x200 m2
3 0360113, 0046430 MS 3 Km 19+500RHS 200x150 m2
4 0399693, 0063969 MS 4 Km 65+700LHS 300x200 m2
5 0411012, 0063083 MS 5 Km 77+000LHS 150x120 m2
6 0410559, 0062435 MS 6 Km 77+400RHS 200x180 m2
7 0349311, 0042164 MS 21 Km 7+400LHS 200x100 m2
8 0384041, 0058149 MS 22 Km 46+000LHS 200x140 m2
9 0381977, 0056934 MS 23 Km 48+800LHS 270x220 m2
10 0418416, 0062920 MS 16 Km 84+800LHS 300x320 m2
12 0423275, 0062605 MS 19 Km 89+800LHS 200x170 m2
13 0437049, 0063045 MS 15 Km 103+700LHS 340x300 m2
14 0445862, 0063176 MS 14 Km 112+600LHS 250x200 m2
15 0446762, 0063137 MS 12 Km 113+600LHS 280x220 m2
16 0450266, 0063078 MS 12 Km 117+100LHS 300x230 m2
17 0454299, 0063157 MS 11 Km 121+100LHS 500x200 m2
18 0459147, 0063440 MS 10 Km 126+000LHS 450x320 m2
19 0460640, 0063444 MS 9 Km 127+500LHS 300x240 m2
20 0446414, 0063100 MS 8 Km 130+100LHS 460x200 m2
21 04658720, 0063444 MS 7 Km 135+600LHS 400x180 m2
22 0481073, 0066830 MS 20 Km 149+200LHS 600x200 m2
23 0492768, 0069884 MS 17 Km 161+800LHS 300x230 m2

78. Following laboratory testing 3 material sites tested fully meet the criteria for treated base
materials while 10 material sites meet the specifications for treated sub base material. Based
on this, the design Consultant proposed 3% cement to be used for cement improved gravel

sub base layer (base quality) and 4% cement utilized for cement stabilised gravel base layer
for all the identified sites.
4) Hard Stone Quarries
79. Five (5) potential hardstone sites were investigated within the vicinity of the project, these
are summarized in the table below:

Table 2-3: Investigated Hard Stone Quarry Sites

No. Design Label Chainage

1 HSQ1 -31Km (N)
2 HSQ2 Km -12 Km (S)
3 HSQ3 Km 32+000
4 HSQ4 Km 123+000
5 HSQA Km 98+000

80. All five of the identified sites have varying levels of suitability with the least favourable
workable through the adjustment of the sieves on the crusher site.
5) Sand for Construction
81. Nine sand sources were identified and samples were taken for laboratory testing to ascertain
their quality and their compliance with the requirements of Road Design Manual (RDM)
Part III. The table below summarizes the sites identified:
Table 2-4: Investigated Construction Sand Sites

No. Design Label Chainage

1 Sand 1 Km 123+000RHS
2 Sand 2 Km 129+000RHS
3 Sand 3 Km 134+000RHS
4 SSD 1 Km 33+600LHS
5 Tukwen River TP1
(Modogashe
TP2
TP3
TP4
TP5

82. It was established that the sites are appropriate and there is sufficient sand to cater for the
structures envisaged for the project.

6) Water for Construction

83. The project road traverses an area of arid/semi-arid climate, with low water availability.
Water for human and livestock consumption along the project road is currently sourced
from a few boreholes and water pans. These existing water supply points are located at
selected centres along the alignment and are summarized in the table below:

Table 2-5: Summary of Existing Water Resources

No. Borehole Borehole Name Total Yield Status

No. Depth
1. C97 Military LMD CRE - 13.4m3/hr In use
3
2. C9641 Kulamawe 76 3.0m /hr In use
3. C9639 Boji 1 9 2.0m3/hr In use
4. C9575 Garbatulla(Manyatta 18 6.0m3/hr In use
Dhemo)
5. C9578 Kinna 54 7.0m3/hr In use
6. C9576 Garbatulla (Catholic 18 12.0m3/hr In use
Mission)
7. C9574 Garbatulla (School 20 14.4m3/hr In use
cpd)
8. C9573 Garbatulla 25 10.0m3/hr In use
(Hospital)
9. C9384 Boji (Malka Galla) 170 7.5m3/hr In use
10. C9640 Boji 2 - - Dry

84. The available water sources are not sufficient to meet the human and animal consumption
demand and cannot be used to provide construction water, which in the design review
would be approximately 300m3/day. Establishing sources of water for construction is
therefore critical for the project works.
85. The alternative systems that can be used to provide construction water are sinking boreholes
to tap ground water, rain water harvesting through construction of water pans, or damming
of the seasonal rivers. These alternatives have been investigated and sinking of boreholes
is considered the most feasible for the project, as the other alternatives would be expensive
and would take rather too long to complete. A water pan can also be constructed to provide
additional water. These additional water sources will require a stand alone ESIA for each
new site.
2.4.3 Pavement Structure

86. Following material investigations and making use of the RDM III and AASHTO, the
following are the pavement features that were designed for the project road.
1) Pavement Structure for the Main Carriageway
87. The proposed structure for the main carriageway is shown in the figure below:
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 2-14
Zamconsult Consulting Engineers November 2019

75mm Surfacing – AC type 1

150mm Cement Stabilised Gravel Base
175mm Cement improved material subbase (Base Quality)
300mm compacted natural material improved subgrade to S5
Figure 2-2: Pavement Structure for Main Carriageway

2) Shoulder Pavement
88. The shoulders will be constructed with the same pavement as the main carriageway; the
cement Improved Gravel sub base layer and Cement stabilised gravel base layer for the
carriageway shall be extended to the shoulders but the surfacing will consist of a 35mm
thick Asphalt concrete.
3) Pavement Structure for Service Roads, Access Roads and Market loop roads
89. A pavement structure type T3 for all town service and loop roads is proposed due to
expected reduced traffic loading and cost effectiveness.
50mm Surfacing – AC type 1
150mm Cement Stabilised Gravel Base
175mm Cement improved material subbase
300mm compacted natural material improved subgrade to S5
Figure 2-3: Pavement Structure for Service Roads, Access Roads and Market loop roads

4) Pavement Structure for Truck Parking

90. A rigid pavement has been adopted for the truck parking areas to withstand the static
loading and the likely oil spills since the trucks will normally undergo some servicing and
maintenance at the parking areas. The proposed structure is shown in the figure below:
200mm Concrete Slab
3mm Polythene Sheet
175mm Cement Improved material subbase
300mm compacted natural material subgrade
Figure 2-4: Pavement Structure for Truck Parking

5) Pavement Structure for Emergency Landing for Light Aircrafts

91. A pavement structure of class T1 was proposed for emergency landing of light aircrafts.
However, the width of the emergency landing section was proposed as 15m and 1,500m
long.
92. The pavement structure is summarized in the figure below:
100mm Surfacing – AC type 1
150mm Cement Stabilised Gravel Base
175mm Cement improved material subbase (Base Quality)
300mm compacted natural material improved subgrade to S5
Figure 2-5: Pavement Structure for Emergency Landing for Light Aircrafts

2.4.4 Geometric Designs

1) Design Speed
93. Various factors were incorporated in the establishment of the project road design speeds
these included:
i. Road Classification
ii. Terrain
iii. Density and Character of Land Use
iv. Traffic Volume Expected of the road
94. Based on the above criteria the design speed for majority of the road was established as
100Km/h with the following exceptions
i. 60Km/h at areas with sharp horizontal and sharp curvature, steep vertical alignments
and for stopping and passing sight distances.
ii. 50Km/h at the various centres along the road
iii. 80Km/h along the loop roads
2) Design Vehicles
95. The design vehicle for the roads was selected to correctly dimension the cross section and
apply appropriate widening at curves, lay-bys, parking and junction layouts to
accommodate all vehicles on the road while eliminating the possibility for side collisions
by heavy vehicles. The semi-trailer truck with a 15m overall length was used as the overall
design vehicle for the minimum turning radius widening of junction layouts while the
standard bus was used for dimensioning of bus bays.
3) Horizontal Alignment
96. In order to maintain the design speeds and vehicles safety when maneuvering corners along
the road, the Design Consultant made use of the following horizontal alignment criteria for
the project road:
Table 2-6: Horizontal Alignment Criteria which the Project Road was Designed to Meet

Horizontal Alignment Element Design Speed (Km/h)

50 60 80 100
Minimum Horizontal Radius (m) 100 160 350 600
Minimum Stopping Sight Distance 65 85 130 185
(m)
Reduced Passing Sight Distance 175 225 325 375
(m)
Passing 345 410 540 670
Sight Distance (m)
Minimum Factor for Minimum 34 54 117 200
Horizontal Radius (m)
Horizontal Radii without >2000 >2000 >2000 >2000
Transition (m)
Horizontal >4000 >4000 >4000 >4000

Horizontal Alignment Element Design Speed (Km/h)

50 60 80 100
Radii without Superelevation (m)
Maximum Rate of Change of 1.25 1.00 0.5 0.5
Superelevation (%)
Minimum Rate of Change of 0.3 0.3 0.3 0.3
Superelevation (%)
Maximum Superelevation (%) 6.0 6.0 6.0 6.0

4) Vertical Alignment
97. The vertical alignment is designed with the use of straight grades and vertical curves. These
elements are designed to give a vertical alignment that is consistent to the existing terrain,
provide sufficient sight distances and facilitate effective drainage of the roadway. The
following is the criteria used to design the project road:
Table 2-7: Vertical Alignment Criteria which the Project Road was Designed to Meet

Topography Maximum Gradient (%) for the Different

Design Speeds
50 60 80 100
Flat - - 4 3
Rolling 7 6 5 4
Mountainous 9 8 - -

2.4.5 Hydrological Investigations and Design

98. A hydrological study was carried out with the sole purpose of establishing the hydraulic
condition and adequacy of the existing structures along the road. A desk study was
conducted which sought to find any gaps in the design documents received from the client.
This was then followed by a site investigation after which the following activities were
carried out using a 1:50,000 topographical scale maps to delineate all the catchments:
i. The desktop investigation sought to identify catchment characteristics which were
obtained from the topographical maps such as:
 Area in Km2
 Length of longest water course in Km
 Catchment slopes
 Slope of longest watercourse.
ii. Field investigation included the following:
 Observation of vegetation cover
 Flood models were selected and flood computations were made based on catchment
characteristics and adjusted to reflect observed site conditions.
 The Flood model results were compared with the existing structures hydraulic
capacity and recommendations were made for improvements, where necessary.
 Observation on catchment land usage.

 Soil characteristics were assessed from published- Ref. National Atlas of Kenya,
1991 and from site observations.
 Observation of the main crossings to estimate the mean annual flood and any
evidence of overtopping.
 Assessing rainfall characteristics from published data and data obtained from the
Meteorological Department.
99. The design consultant then conducted a hydrological analysis on the entire road corridor
and surrounding catchment. Following the investigations and analysis the following
conclusions were made:
i. It was observed that the road alignment has several drifts; it was recommended that
they be replaced with appropriate proposed structures/culverts. 47 No. Box culverts
have been proposed in the design review.
ii. There are a series of crossings that are localised catchments and could not be measured
from the topo scale maps. For these sections the following have been proposed:
 Relief culverts of 900mm diameter PVC pipes and
 Pipe culverts on low lying points along the alignment.
 Open trapezoidal side drains with adequate side slopes based on the type of soil
along the alignment.
2.4.6 Road Cross Section Design and Features

100. Following the traffic analysis, material investigations, geometric designs and
hydrological investigations, the design consultant proposed the following features and
designs for the various parts of the road cross section. In addition, a road reserve of 60m
for the project road was required for the project road.
1) Carriageway Cross Section
101. Based on the collected information and analyses, RDM recommends type II road cross
section summarized in the table below. This cross section is what will be employed in the
project road.
Table 2-8: Carriageway Cross Section

Type Lanes Surfacing Total Shoulder Carriageway Normal

Width Width Width Cross-fall
II 2 Bitumen 11.0m 2.0m 7.0m (2 x 2.5%
3.5m)

2) Embankments and Cut Slopes

102. Embankment and cut slopes which were adopted based on the requirements of the RDM
I, they are summarized in the table below:
Table 2-9: Embankment and Cut Slopes that will be employed in the Road Construction

Fill Slopes Cut Slopes

Height of Fill Slope Cut Depth Slope
Hf ≤ 1m 1:4 Hc ≤ 1m 1:3
1m ≤ Hf ≤ 3m 1:2 1m ≤ Hc ≤ 3m 1:2

Fill Slopes Cut Slopes

Height of Fill Slope Cut Depth Slope
Hf ≥ 3m 1:1.5 Hc ≥ 3m 1:1.5

3) Side Drains and Cut off Ditches

103. The road way has been designed to be drained by drainage system ranging from curb
and gutter on curbed embankments on high fill which accumulate water on the pavement
surfaces. These curb-and-gutter systems together with ordinary sheet flow on uncurbed
sections will evacuate to longitudinal channels alongside of the roadway. The side ditches
have been designed to have adequate capacity for the design runoff to ensure that water is
removed without soaking the pavement layers. Pursuant to section 4.4, figure 4.3.1 and
Table 4.4.1 of RDM I, the review consultant recommended type B-2 to be applied in this
area with f1aUroiling terrain.
104. The longitudinal channels have been designed to discharge existing natural water
courses through mitre drains or discharge into existing streams and rivers at crossing
culverts/bridges locations.
105. Where high velocities are anticipated, cut off ditches have been proposed for lining or
other erosion control measures proposed to limit the possibility of scour.
2.4.7 Junction Design

1) Interchanges
106. The design consultant has proposed a grade separated junction at A2/A10. As instructed
by the Client, at A10/B66 junction, land acquisition has been designed to accommodate a
grade separated junction in the future but no detailed design has been carried out for the
junction.
2) Major & Minor junctions
107. Major and Minor junctions intersecting the project road have been designed at all
intersections with primary and secondary roads.
2.4.8 Road Furniture Design

108. The Review Consultant has made the following recommendations on road furniture:
 Road Reserve Boundary Posts - these are proposed at intervals of 250m on each side
of the road reserve edge and details are shown in the book of drawings annexed to this
report;
 Edge Marker posts - these are proposed at bridge approaches, pipe culverts, sharp
curves and at locations where sight distance requirements are not complied with. Exact
location for the Edge Marker Posts will be determined during the construction phase of
the project.
 Kilometre Marker Posts - these are proposed at intervals of 2km staggered on either
side of the road.
 Road Signage - these are provided and installed in accordance with the
recommendations of Ministry of Works, Roads Department (Kenya);Manual for
Traffic' Signs in Kenya, Part I (Road Markings)- 1975; Due to the limited education
level, pictoral road signs will be provided for easy understanding.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 2-19
Zamconsult Consulting Engineers November 2019

 Road Marking - Locations for different types of road marking will be determined on
site during construction. These are to be determined in accordance with the
requirements of Ministry of Works, Roads Department (Kenya); Manual for Traffic
Signs in Kenya, Part I (Road Markings)- 1975;
 Guardrails - These road furniture elements, whose exact locations will be determined
on site during construction, shall be determined at bridge approaches, box culverts and
high fill in accordance with Guardrail Need Index (G .N.I) in Figure 8.5 .1 of the RDM
I;
 Kerbs - these are proposed at junctions, bus bays and parking bays. Exact location shall
be determined on site during construction;
 Locations of Reflective Road Stands, Rumble Strips and Speed Bumps shall be
determined on site during Construction.
 Crossing points for animals, and wildlife, whose designs will be provided during
construction, since the design review did not include this aspect. The ESIA has provided
a provisional sum for this
 Bus parks and stops to service the local community whose location will be determined
during construction.
2.4.9 Ancillary Road Structures

1) Emergency Light Aircraft Runways

109. Two sections of the road between km 18+100-km 19+600 and 143+300-km 144+800
meets the ICAO runway requirements and are therefore proposed as the site of the
emergency runway. The pavement for the proposed runway sections are highlighted in
chapter 2.4.3 of this report.
2) Service, Loop and Market Roads
110. Service roads have been provided at several market centres. The main purpose for the
service roads is to provide access to the market centre shops, where the traders can load/off
load their merchandise in addition to acting as collector roads to combine property accesses
and convey them to the project road at selected safe junctions. Service roads have been
proposed at Ndumuru, Kachuru, Kulamawe, Boji, Garbatulla, Eldera and Modogashe
Markets. The pavement structure is provided in chapter 2.4.3 of this report.
3) Bus Bays
111. Passenger transport will form a key element of road use for the project road. Bus bays
have been proposed through stakeholder engagement and feedback to enable buses and
matatus to detour off the travel lanes and drop or pick passengers. Travel patterns were
critically examined and bus bays provided at convenient locations for road users. At
junction locations at least one bus bay location was made available for each traffic
movement direction. At village centres, at least one bus bay was provided for each direction
depending on the length of the village centre along the road. The locations of these bus
bays have been provided in the book of drawings annexed to this report, however there has
been provision for additional bus bays that will be decided during the road construction
through further stakeholder engagement and citizen forums.
4) Lorry Parking
112. The Isiolo - Modogashe road is part of key transportation corridor linking the north-
eastern cities of Wajir and Mandera to key ports of Mombasa, Isiolo and Nairobi. The
corridor will attract long distance traffic ferrying transit goods. These long-distance

vehicles will compose majorly of Truck of various types. The long distance journeys will
be made over long time. A single trip may take several days. It is with this reasoning
therefore that arises the need to designate and design special facilities for parking and
resting.
113. Road safety is enhanced when drivers break in their journey to rest since fatigue is a
major cause of traffic accidents.
114. The Design Consultant provided truck parking facilities at interval of 30 - 50
Kilometres. The following locations were selected for siting and design of these facilities.
The choice of location was informed by among other factors; the need of provision of
overall security to the vehicles parked and recommendations from stake holders. Truck
parking facilities were therefore provided at the following locations.
 Ndumuru
 Kulamawe
 Taiboto junction
 Eldera
 Modogashe
115. The truck parking facilities will include a parking bay, on the side of the road, the design
however has not provided for additional facilities including shops and accommodation,
however it was based on the assumption, that the provision of the truck stop will provide
for incentive for establishment of businesses to meet the needs.
2.5 PROJECT ACTIVITIES

116. This chapter looks at the major activities that will be undertaken during all four phases
of the project including:
i. Planning phase
ii. Construction phase
iii. Operation and Maintenance
iv. De-commissioning
2.5.1 Activities during the Planning Phase

117. This is the initial phase of the whole road construction project. During this phase
designs will be completed, licensing for the ESIA report. In addition, a major activity
during this phase of the project, the implementation of the RAP will commence with the
affected persons being compensated as per the RAP report.
2.5.2 Activities during the Construction Phase

118. Majority of the upgrading activities will be conducted during this phase of the project.
The activities include:
1) Setting out
119. The construction works shall start with setting out the alignment of the road. Pegging
will be done all along the alignment to demarcate the road corridor. After cutting of benches
and prior to commencement of earthworks or sub-grade works, The Contractor shall take
commencement cross-sections again and submit the copy of the same to RE and Client for
agreement.

120. These cross-sections shall then be used as basis of measurement for all subsequent
layers, unless otherwise stated.
2) Clearance of the Alignment and Creation of Diversions
121. This will involve clearance of the site on road reserve including removal of trees,
hedges and other vegetation and any deleterious materials, grub up roots, backfilling and
compaction to 100% MDD (AASHTO) with approved material. It will also involve
removal of topsoil to a maximum depth of 200mm. When instructed by the RE, the
Contractor shall demolish or remove structure and any other obstruction from the road
reserve.
3) Earthworks
122. Earthworks will involve:
 Filling in soft material including benching of embankments and compaction to 95%
MDD (AASHTO T99) in layers not exceeding 150mm.
 Filling in hard material (rock fill in selected sections).
 Works and transportation of borrow material from the various borrow sites
 Cutting to spoil both hard and material.
 Landscaping and grassing.
4) Excavations and filling for structures
123. The major activities would be:
 Excavations and backfilling for gabions in soft material.
 Excavation in soft materials for culverts and foundations for piers and abutments.
 Placement for gabions and mattresses as directed by the engineer.
 Rock-filing gabions.
 Placement of 200mm thick pitching including grouting to aprons upstream/downstream
of bridges, culverts and drains.
5) Use of Borrow and Quarry Sites
124. The Contractor will make available any land for quarries, borrow pits, stockpiles and
spoil areas, except for those areas in road reserves specifically approved by the resident
engineer. The contractor will be entirely responsible for locating suitable sources of
materials complying with the Standard and Special Specifications and for the procurement,
mining, haulage to site of these materials and all costs involved therein. Similarly, the
contractor will be responsible for the provision and costs involved in providing suitable
areas for stockpiling materials and spoil dumps. Should there be suitable sites for spoil
dumps or stockpiles within the road reserve forming the site of the works the Contractor
may utilize these subject to the approval of the RE. These borrow and quarry sites will be
rehabilitated as guided by this report. Further, National Environment Management
Authority requirements for borrow and quarry sites will be observed.
125. The contractor will also establish and maintain transport routes.
6) Concrete Works
126. The major concrete works will be for all the drainage structures and ancillary structures
along the road. The major process of concreting will involve formwork, concrete mixing,
pouring and curing.

7) Crushing and Batching

127. The Contractor will establish both a crusher and asphalt batching plant, where the raw
paving materials will be combined to the specific requirements as per the design. Following
successful batching the Contractor can commence paving of the prepared road surfaces.
8) Carriageway Paving
128. After successful earthworks, for the subgrade, subbase and base layers, the Contractor
will then pave the road surfaces to the specifications of the design document overseen by
the RE.
9) Construction of Road Furniture
129. These will involve establishment of the necessary road furniture along the project road
before completion of the project works.
130. In addition landscaping and restoration of the land will be done during this part of the
project. However it should be noted that this report proposes revegetation of land be a
continuous process throughout the entire construction phase.
2.5.3 Activities during the Operation Phase

131. The Contractor will be required to remedy any defects during the Defects Liability
Period. The major items of work during Defects Liability period included in the contract
are as follows:
 Repair of any defects on the road and road furniture;
 Removal of construction camps, removal of un-used material stockpiled on the road,
tidying and general cleanness of the road and construction sites.
2.5.4 Activities during the Decommissioning Phase

132. Decommissioning refers to the final disposal of the project and associated materials at
the expiry of the project life span. In respect to the road, decommissioning is not
anticipated. However, it will be sustained in accordance to transportation demands of the
project area expected at the end of construction works.
133. Nevertheless, after the construction period, construction equipment and dismantled
camp materials will be salvaged and removed from the site by the contractor.
2.6 EXPECTED WASTES FROM PROJECT ACTIVITIES

134. The Contractor is expected to employ the 3 Rs of waste management i.e. Reduce,
Reuse, Recycle, for all expected construction waste. However the construction project is
expected to produce different types of waste which need to be identified for purposes of
waste management.
135. The expected construction wastes will include:
i. Soil and Rocks from excavations
ii. Vegetation from site clearance
iii. Oil/Grease
iv. Domestic wastes from the Construction and REs camps
v. Scrap metal
vi. Packaging
vii. Excess Concrete
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
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2.7 PROJECT COST

136. The construction of the proposed road project is estimated to cost KES
27,202,290,239.14. Not including the cost of ESMP implementation. This cost is provided
in chapter 8 of this report. A summary of the Bill of Quantities (BoQs) is provided in the
table below.
Table 2-10: Project Cost in Accordance to the BoQ

Bill No. Description Amount

1. Preliminary and general items 1,041,489,031.00
4. Site clearance 769,350,828.50
5. Earthworks 4,783,006,161.30
7. Excavation and filling for structures 280,360,843.71
8. Culverts and drainage works 541,880,080.91
9. Passage of traffic 421,948,000.00
10. Gravel wearing course 11,051,040.00
12. Natural base and subbase 1,457,636,551.67
14. Cement and lime treatment 2,355,181,085.71
15. Bituminous surface treatment and surface
dressing 1,671,223,634.82
16. Bituminous mix bases, binder courses &
wearing courses 4,754,269,026.29
17. Concrete works 952,201,966.39
20. Road furniture 472,082,363.38
21. Miscellaneous bridge works 25,239,176.24
22. Dayworks 112,054,000.00
25. HIV/AIDS awareness and education 41,400,000.00
26. Piling 267,285,960.00
SUB TOTAL - (1) 19,957,659,749.92
Contingencies @10% of Sub-Total 1 – (2) 1,995,765,974.99
VOP @ 7.5% of Sub-Total 1 – (3) 1,496,824,481.24
SUB TOTAL (4); (1+2+3) 23,450,250,206.16
16% VAT of Sub - Total (5) 3,752,040,032.99
TOTAL BIDS PRICE; (4+5) 27,202,290,239.14

3 ALTERNATIVES TO THE PROJECT

3.1 DESIGN OPTIONS FOR ROAD CONSTRUCTION

137. During the design review, the Design Consultant conducted a traffic survey and analysis
of the project road taking into account the expected traffic from the LAPPSET road. The
analysis yielded traffic class T1 for the road.
138. However, when looking at the entire Isiolo Mandera Corridor without incorporating the
LAPPSET section of the road, the design yielded a road class of T2.
139. Taking into account the two choices it was proposed to adopt class T2 for the project
road, in order to correlate with the rest of the Isiolo – Mandera corridor, with the provision
that the road at the LAPSSET section could be strengthened when the full LAPSSET traffic
sets in. In addition, traffic class T3 was considered for the loop and service roads.
3.2 ALTERNATIVE ROAD SECTIONS

140. During Client and stakeholder meetings in Isiolo in 2018, the local community stated
the current project alignment would affect too many people particularly within Isiolo Town,
1km into the road project. As such, the local community proposed an alternative loop road
which would have fewer PAPs and impact on grazing land.
141. The new proposal, in contrast to the existing alignment is shown in the google maps
image below:

Figure 3-1: Map Showing proposed Alternative Route through Kambi Garba (in Red) in Comparison to the
Densely Populated Isiolo Junction Area

In addition, the difference in population densities is shown in the figures below:

Figure 3-2: Kambi Garba Route the area is sparely populated.

Figure 3-3: Junction with the Isiolo - Moyale Road fairly settled, with permanent buildings coming up or town
expanding and growing

Figure 3-4: Type of Infrastructure and PAPs at Isiolo

142. The Consultant conducted a brief drive through of the loop road and it was noted indeed
proposed loop would have less PAPs however there would be a need for land acquisition.
This option seemed like a more feasible project alternative to the project road.
143. Thus, the proposed action plan is to construct the project road through the proposed
loop, and maintain the existing road corridor (with improvements in the road surface) from
the junction at Isiolo to the new junction with the loop road, with the road maintaining the
designed alignment from then onwards to Isiolo. This ESIA has been prepared
incorporating this into the impact analysis.
3.3 NO ACTION ALTERNATIVE

144. The No Action Alternative is the future without the planned Project. This alternative
involves making the use of the existing road in its current state.
145. This alternative will maintain the current travel times and limited economic growth in
the area, an activity which will lead to the further marginalization of the community in the
area.
146. This alternative was not considered in this ESIA report.

4 PHYSICAL, BIOLOGICAL AND SOCIAL BASELINE CONDITIONS OF

AFFECTED ENVIRONMENT

147. This Section discusses the baseline situation in respect of climate, topography, air
quality, soils and geology, hydrology, terrestrial ecology, cultural heritage sites and socio-
economic structure as well as existing infrastructure and utilities such as water, sewerage,
transportation network, electricity, air transport and telephone/telecommunications.
4.1 PHYSIOGRAPHIC AND ENVIRONMENTAL CONDITIONS

4.1.1 Location

148. The project road is located within Isiolo and Meru Counties. The alignment follows the
existing Isiolo – Mandera road, formerly classified as Road B9. The road starts at Isiolo
town, at a T-junction with road A2 approximately 1km from Isiolo town Central Business
District (CBD) and traverses for approximately 3km in easterly direction within Isiolo
County. The alignment then exits Isiolo County into Meru County, curving into a north-
easterly direction traversing approximately 63Km to Kachuru trading centre in Meru
County, where it exits Meru County back to Isiolo to in a north easterly direction for
approximately 113Kms, to end at Modogashe shopping centre, at the Junction with the
Road A13.
149. Isiolo and Meru counties are located in the former Eastern and central provinces. The
counties border six other counties: Samburu to the north east, Garissa to the east, Tana
River to the south east, Kitui to the south west, Marsabit to the North West and Wajir to
the north east. The general locations of these counties are shown in the map below:

Figure 4-1: Location of Isiolo and Meru Counties within the Country

4.1.2 Topography

150. Most of the land in the proposed alignment is flat low lying plain resulting from
weathering and sedimentation. It is characterized by the level to gently undulating plains
rising in altitude to the north where they are interpreted by isolated inselbergs or
discontinuous hills and ridges of erosion resistant rocks. The vast plains are mantled by
alluvial sands, silts and reddish sandy soils underlain at relatively shallow depth by the

consolidated rocks. The plains are interpreted by scattered rocky hill or ridges that have
height ranging from approximately 75 m to 750m above the general surface of the plains.
151. Due to the general topography, the project area is prone to flooding during the rainy
seasons.
152. The general topography is shown in the figure below:

Figure 4-2: General Topography of the Project Road Showing Isolated Hills in the Background

4.1.3 Climate

153. Isiolo County and the Northern End of Meru County where the project alignment passes
through is classified into three climatic zones namely
i. Semi-arid (occupying 5% of the area),
ii. Arid (30%) and
iii. Very arid (65%).
154. High temperatures are recorded throughout the year with variations in some places due
to differences in altitude. The mean annual temperatures experienced ranges between 24°C
to 30°C. The continuous 9-hour sunshine period in the county gives a high potential for
harvesting and utilization of solar energy.
155. Monsoon winds blow across the County throughout the year which attains peak in the
months of July and August. This sweeps away all the moisture and evaporation is high
hence reducing humidity.
156. The project area also suffers high rainfall intensities with poor temporal and spatial
distribution, resulting in short-lived excessive flooding. The county experiences two rainy
seasons with the long rains coming between March and May while the short rains are
experienced between October and November. The wettest months of the year are April at
a high of 149mm and November which hits a high of 123mm. Under these conditions, rain-
fed agriculture is unsustainable. Furthermore, evaporation rates are very high. For instance,

in the Modogashe, evaporation exceeds ten times the annual rainfall, indicating yet another
constraint to crop production and water storage, especially in surface reservoirs.

Figure 4-3: Summary of Climate Variation in the Project Year from 2002 - 2007

4.1.4 Geology

157. Geology of the County is mainly composed of metamorphic and superficial rock
deposits which also form the larger part on which the project lies. The entire project road
traverse diverse geological formations which have interacted with the prevailing climate to
yield diverse soil types.
158. The geology of the project area is characterised by tertiary volcanics of alkaline type
that include basalts, phonolites, nephelinites, trachites and rhyolites and their pyroclastic
equivalents. Lava boulders that cover the land surface and pumice hills created from
volcanic eruptions are common.
4.1.5 Hydrology

159. There are no perennial rivers in the proposed project area. The area is drained by
intermittent streams which generally flow for only a few hours at a time, once or twice a
year when rainfall is adequate. The drainage-ways generally are wide and shallow and
many are ill defined.
160. A few of the major drainage-ways are extensive and form well integrated systems that
extend entirely across or nearly across the proposed project. These probably were formed
during a period of heavier rainfall than today, presumably during the Pleistocene Epoch.
161. The proposed project lies within the Ewaso Ng'iro-Lag Dera watershed, which includes
the Lorian Swamp and other swamps, which form a belt of generally 6 to 15 km wide. The
proposed project area is drained eastward and north-eastward by channels tributary to the
Ewaso Ng'iro-Lag Dera system. The Lorian swamp is located approximately 30Km from
the project road as shown in Figure 4-4 below.
162. There are no permanent surface water sources in the project area as most of the sources
are subsurface such as boreholes and shallow wells. The road alignment is dominated by
ephemeral river crossings. Most of them are from the Nyambene hills flowing from the
high areas, only to lag at the flat areas. At some points, the project area has swampy
sections. The rivers are however known to flow high and dangerous during the wet seasons.
Throughout the road alignment are notable localised streams.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
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163. At the higher altitude towards Isiolo, several farmers make use of the Nyambene Hills
catchment to irrigate their farms.
164. The general hydrology within the project area is summarized in the figure below:

Figure 4-4: Summary of the Project Area Hydrology

Figure 4-5: Sample Perennial Water Body along the Project Road

4.1.6 Flora and Fauna

1) Flora
165. In any given area the natural and cultivated vegetation depends on physical factors such
as climate, soil and topography, as well as human activities.
166. The area does not have gazetted forests. However, community forests dominate. Large
areas of the County are occupied by bush lands, grasslands and shrub lands, comprising
various combinations of dry land vegetation such as Acacia reficiens, Acacia tortilis,
Commiphora spp, Duosphermae remophilum and grasses which include Aristida spp,
Leptothrium senegalese, Sporobolus spp, Lintonianutans and forbs.
167. The project corridor is dominated by wooded bushland of Acacia sp., Balanites sp. and
Boscia sp. trees of between 5-20 cm diameter scattered between 20-50 meters apart. That
is, there are between 20-100 trees per kilometer. Different shrub species co-occur with
some sections being open grassland and some sections are totally devoid of vegetation.
Trees are host to many bird species (some trees have over 10 bird nests). This vegetation is
shown in the figures below:

Figure 4-6: Acacia Tree Species found along the Project Road Alignment

168. Invasive Prosopis Juliflora (Mathenge) is first observed at Modogashe town and
towards Isiolo town where it is more common at the centre of the market towards Isiolo-
Garissa border. Some mature P. Juliflora have over 300 seedlings under their canopy. The
Prosopis Juliflora (Mathenge) plant characteristic of the area towards Modogashe is shown
in the figure below:

Figure 4-7: Prosopis Juliflora Species in Modogashe

169. Due to the unreliable and inadequate rainfall, crop cultivation is limited to small areas
in Meru County, in areas like Kachuru and Ndumuru.
170. With the exception of game reserves like Shaba, Meru, Buffalo and private game
ranches, where ecotourism is an important economic activity, the rest of the Isiolo County
and the arid region of Meru County in general is taken up by communally-owned pastoral
grazing lands with the naturally existing vegetation provides pasture for both the domestic
and wild browsing animals. The figure below shows the game reserves in the two counties
with regard to the road alignment.

Figure 4-8: Proposed road project verses Conservancies and Protected Areas-National Parks and National
Reserves

2) Fauna
171. Due to the vegetative nature of the area, the fauna is characterized by both domesticated
and wild fauna.
172. The proposed project area falls under the greater Ewaso North Ecosystem which
contains large wildlife population of diverse species. The wildlife is concentrated largely
within the Laikipia-Samburu-Isiolo-Meru landscapes, which support a diversity of 4-13
species per 25 KM, but landscapes in the rest of the ecosystem hold low wildlife densities
and species diversity. The project area falls in a typical savannah woodland/grassland. Such
ecosystems form suitable habitats for both big and small game. While the woodland
vegetation forms a food source for browsers, the grasslands/open plains provide suitable
food source for grazers, hunting sites for carnivores and ecologically suitable niches for
bird species. In the two Counties where the project area traverses, wild life exists.
173. Meru County Integrated Development Plan 2013-2017, notes that Meru National park
is one of the gazetted parks in Kenya and a major tourist centre. The Lewa Downs ranch
which is privately owned attracts tourists and competitive sports like the cross country,
rhino charge and marathon. There are a variety of wildlife such as white elephant, baboons,
giraffe, gazelle, buffalos, rhino, cheetah, zebras and different birds’ species. These wildlife
species are mainly found in the gazetted game parks and forests such as the Meru National
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
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Park, Mt. Kenya National Park and Imenti forest. According to KWS warden, Meru
County, the proposed project area falls under a wildlife rich zone. Though there exists no
gazetted wildlife reserve in the proposed project area, wild game roam freely in the
expansive woodland. Meru National Park lies far away from the proposed project area.
While the Meru National Park is secured by electric fence to reduce human-wildlife
conflicts, at the proposed project area, the wild game roam freely and as such, pose
challenges to the residents. The Meru National Parks adjoins three national reserves namely
Bisanadi, Kora and Mwingi National Reserves.
174. Isiolo County is generally rich in wildlife resources. The neighborhood Counties of
Wajir and Marsabit are equally rich in wildlife resources. According KWS Warden in Isiolo
County, though the project does not pass through gazetted game parks and reserves there
are private conservancies under Northern Rangeland Trust and National Reserves – Shaba
National reserve and Samburu National- that exist on the outskirts of the project area.
According to the Warden, both small and big game disperse and exist outside these
protected areas hence can be found in the community land where the project area traverses.
According to Isiolo Integrated Development Action Plan 2013-2017, the county has several
ranches. Borana Wildlife Conservancy neighbours Lewa Wildlife Conservancy. The group
Conservancy is used as a breeding ground of Black Rhinos and is a home to 50 indigenous
tree families and over 300 species of bird life. Its unique geographic situation makes the
35,000 hectares ranch a haven for a wide diversity of wildlife: buffalo, eland, Jackson's
hartebeest and herds of Grant's gazelle, the highly endangered species grevy gazelle, impala
and Burchell zebra roam its plains. Other similar conservancies include Leparua
Community Conservancy, Lekurruki Conservation Trust amongst others.
175. Large game at the project area and its environs have seasonal pattern of movement. The
movement is dictated by food and water availability. According to the residents, during dry
seasons, big game tends to move from the protected areas to farmlands in search of food.
However, during the rainy season when there is luxuriant fodder in the forests, they retreat
and are rarely seen in settled areas and farmlands. Similarly, during dry seasons, especially
when many areas are facing acute water shortage, big game such as elephants and buffaloes
traverse the expansive woodland to Ewaso Nyiro River. Elephants use specific corridors
during their movement.
176. According to Ojwang et al (2017), large, contiguous habitats linked by dispersal areas
and corridors that provide a high degree of connectivity are critical in sustaining larger
elephant populations, which need to be able to migrate between range patches that offer
important ecological resources. In Kenya, in most cases, an elephant population’s range
extends beyond conservation area boundaries, while some populations also have cross-
border ranges extending into neighboring countries.
177. The assessment notes that there have been habitat fragmentation driven by development
projects and other land use changes which have posed a serious challenge to continued
existence of continuous habitats. According to Ojwang et al (2017), sweeping land use
changes over recent decades have affected many ecosystems in Kenya, resulting in the
fragmentation and/or loss of wildlife habitats and sharp declines in species populations.
However, it is noted that the proposed road upgrading design will not result significant
fragmentation of the habitats or the wildlife dispersal areas.
178. An expansive open plain occurs at the project area. The plain is characterized by
assorted grass species and isolated trees. Typically, such a plain form a suitable site for a
wide range of grazers due to abundant fodder. The open plain is used as a grazing ground
by the local people. According to residents, different wild game such as zebras, antelopes
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
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(onyx), gazelles, dik dik are common at the open plain. The presence of herbivores
(livestock and wild game) attracts carnivorous animals thereby completing an ecological
food chain. According to the residents, hyenas are the most dominant wild animals at the
open plain posing a major challenge to the pastoralist. Wild dogs are also prevalent preying
on small livestock and wild game.
179. All the wildlife is located within the national reserves and conservancies shown in
Figure 4-8. Although the project road does not affect any conservancies or national parks
and reserves, the road intersects several wildlife crossings points.
180. Consultations with KWS and several wildlife trusts in the area including Save The
Elephants, Grevy’s Zebra Trust and The Lions of Ewaso Nyiro has established that indeed
the project does not affect known habitats, however will intersect wildlife crossings which
in essence are links between wildlife habitats and are vital to the success of the wildlife.
During the project implementation, KeNHA will collaborate with the KWS and other
stakeholders to incorporate safety measures for the wildlife crossings and carrying out
awareness campaigns for motorist using the road. Figure 4-9 below identifies the elephant
crossing corridors that intersect the project road at the following GPS co-ordinates:
a) Point 1: Between 0°21’39.21” N 37°36’15.45” E and 0°21’49.26” N 37°37’28.11” E
b) Point 2: Between 0°22’16.97” N 37°38’12.55” E and 0°23’49.38” N 37°40’47.93” E
c) Point 3: Between 0°24’14.94” N 37°41’47.77” E and 0°25’18.60” N 37°44’32.47” E

Figure 4-9: Map Showing identified Elephant Crossings (source: save the elephants)

181. Upgrading the Isiolo-Modogashe road section, motor vehicles will be travelling at a
design speed of 80-100km/h. Being a pastoralists zone, livestock cross the road for pasture
and water. The availability of wildlife like giraffes, dik-diks, ostriches, gazelles and
gerenuk along the proposed project road may also lead to increased wildlife kills . At
important wildlife and animal crossing points, the project will provide box culverts or
bridges and use of nonstructural methods such as use of signs and or speed pumps to reduce
speed and enhance speed limit enforcement to allow for movement or crossing. The ESIA
has recommended mitigation measures to enhance wildlife crossing and movement of cattle
along the road corridor.
182. In addition to wildlife species, domestic herds of camels and goats were also seen along
the corridor. Cattle were hardly seen. These grazers particularly the domesticated animals
are seen crossing the road along with their owners at all points along the road. The identified
Fauna is shown in the figures below:

Figure 4-10: Herd of Sheep Crossing the Road

Figure 4-11: Herd of Camels making use of the Existing Road

Figure 4-12: Reticulated Giraffe Species Common to the Project Area Seen along the Alignment

183. Several birds nestling points were seen along the road and would need to be preserved
or the birds’ nests moved to other locations that they can adopt to where clearance of
vegetation is required. According to County Development plan, there are over 300 species
of birds in the county. Bird species such as Baya weaver (Ploceus philippinus), are
prevalent in the area.
184. Based on the ESIA baseline surveys it was observed that the communities within the
project area live in harmony with their environment and there are rarely cases of human
wildlife conflict.
4.1.7 Air Quality

185. During the initial ESIA in 2018 the Consultant conducted a baseline assessment. The
survey conducted established that there were no current air polluting activities within the
project area. For instance, vehicle traffic within the project area is extremely low hence
does not pose air quality risk. Further, there are no industries along the project area which
could otherwise pose air quality risks. The only possible air quality contaminants are dust
along the road during the dry months from vehicular traffic and wind, however this
confined to the road corridor.
186. Under the ESIA review the Consultant identified baseline air quality measurements at
Isiolo, Kulamawe and Modogashe points with the results summarized in Table 4-1 below:

Table 4-1: Air Quality Baselines

Location Parameter Measured Parameter

Isiolo Hydrogen Sulphide (µg/m3) 13.2
Nitrogen Oxides (µg/m3) <0.01
Sulphur Oxides (µg/m3) 1.0
Hydrocarbons (ppb) 281
Particulate Matter PM10 (µg/m3) 79
Kulamawe Hydrogen Sulphide (µg/m3) 2.5
Nitrogen Oxides (µg/m3) <0.01
Sulphur Oxides (µg/m3) <0.01
Hydrocarbons (ppb) 107
Particulate Matter PM10 (µg/m3) 23
Modogashe Hydrogen Sulphide (µg/m3) 3.5
Nitrogen Oxides (µg/m3) <0.01
3
Sulphur Oxides (µg/m ) 0.2
Hydrocarbons (ppb) 119
Particulate Matter PM10 (µg/m3) 50

4.1.8 Noise

187. Similarly, the initial ESIA in 2018 the Consultant conducted a baseline noise
assessment. During the baseline study and survey conducted, there were no significant
noise polluting activities within the project area. For instance, there are no industries along
the project area which could otherwise pose noise pollution. Vehicle traffic within the
project area is also extremely low and only characterised by motorbikes, few buses and
vehicles, hence does not pose noise pollution.
188. Under the ESIA review the Consultant identified baseline noise measurements at Isiolo,
Kulamawe and Modogashe points with the results summarized in Table 4-2 below:
Table 4-2: Baseline Noise Measurements

Location Parameter Measured Parameter

Low High
Isiolo Decibels (dB) 53.3 70.2
Kulamawe Decibels (dB) 30.8 46.2
Modogashe Decibels (dB) 32.2 51.6

4.1.9 Water Quality

189. Three samples were taken along the project road in order to establish the general water
quality in the project area. The following are the findings in comparison to the WHO and
NEMA standards.

Figure 4-13: Summary of the Water Quality Analysis along the Project Road

Sampling Drainage River Kulamawe WHO NEMA

point/Parameter Channel Laghlaba Community Guideline
near 78 (38Km) Borehole values
Barracks (77Km)
(5KM)
Ph 7.4 7.0 7.9 6.5 – 8.5 6.5 – 8.5
Colour mgPt/l 1750 1750 <5 - -
Turbidity (NTU) 4200 1790 2.92 <5 -
Conductivity 166.9 63.2 1689 < 2500 -
(µScm-1)
Iron(mgl-1) 6.26 6.13 0.10 <0.3 <0.3
Manganese (mgl- 0.1 0.3 <0.01 1 -
1)
Calcium (mgl-1) 36 NIL 41.6 100 -
Magnesium 2.45 1.94 116.6 100 -
(mgl-1)
Sodium (mgl-1) 2.3 7.4 76 200 -
Potassium (mgl- 3.8 5.8 70 50 -
1)
T. hardness (mgl- 100 8 584 < 500 -
1
)
T. alkalinity 74 34 680 < 500 -
(mgl-1)
Chloride (mgl-1) 5 NIL 72 250 -
Fluoride (mgl-1) 0.79 0.54 0.78 <1.5 <1.5
Nitrates (mgl-1) 0.435 0.415 6.362 10 -
Nitrites (mgl-1) 0.02 <0.01 <0.01 <0.1 0.003
Sulphate (mgl-1) <0.3 <0.3 36.9 < 450 1.5
Free Carbon 10 6 66 - -
Dioxide
TDS (mgl-1) 103.5 39.18 1047 <1500 1200
Arsenic 1.0 1.0 NIL <10 <0.01

Sampling Drainage River Kulamawe WHO NEMA

point/Parameter Channel Laghlaba Community Guideline
near 78 (38Km) Borehole values
Barracks (77Km)
(5KM)
Lead (mgl-1) ND ND ND <0.05
Cadmium ND ND ND <0.003 <0.01
TSS (mgl-1) - 1200 400 NIL - 30

190. The water quality parameters analyzed, showed that there were variations although
generally within the NEMA standards/guideline values and World Health Organization
standards (WHO). The pH range was within the acceptable levels in the sampled points.
Storm waters such as found at the drainage channel near 78 Barracks were found to contain
PH 7.4 whereas Kulamawe Community Borehole had PH 7.9.
191. The values of Turbidity observed near 78 Barracks (5KM) and River Laghlaba (38Km)
are relatively high. In addition, turbidity and total suspended solids concentrations were
found to be above the guideline values in the latter two samples. Typically, water flowing
in a river may have high concentrations of these parameters when coupled with flooding
and erosion events. However, Kulamawe Borehole depicted turbidity and total suspended
solids ranges that were within the NEMA guideline values. Heavy metal concentrations for
iron were found to be above WHO and NEMA Guidelines limit in the three samples.
Nonetheless, other metals such as Lead, Cadmium and Arsenic were found to be below the
detection limit and well below the NEMA standards. However, Arsenic was detected in
waters of the drainage channel and River Laghlaba, this could be attributed to runoff from
upstream agricultural fields.

4.1.10 Energy Sources

192. The project area’s main source of energy is wood fuel. Over 70 percent of the
households rely on fire wood as their main source of power. This has led to over-harvesting
of trees primarily for charcoal causing extensive land degradation in the county. Of the
31,326 households in the county, only 2,500 have access to electricity.
4.2 SOCIO ECONOMIC INFRASTRUCTURE

4.2.1 Administration

193. The project road is predominantly within Isiolo County, with a small section of the
road, approximately 63Km, within Meru County. The project road passes through the
following sub-counties:
i. Isiolo
ii. Merti
iii. Garbatulla and
iv. Tigania North in Meru County

4.2.2 Population

194. The population data for the project area’s two counties (Integrated Development Plans
for each of the counties) was taken in accordance to the 2009 census and is summarized in
the table below:
195. The table also gives the projections for 2017
Table 4-3: Population Data based on Isiolo and Meru County Integrated Development Plans

County 2009 2015 2017

Male Female Male Female Male Female
Isiolo 73,694 69,600 91,645 86,554 98,551 93,073
Meru 670,656 685,645 759,721 776,701 791,965 809,665

196. Within the Sub counties, the populations are distributed as follows:
Figure 4-14: Populations within the Sub Counties affected by the Road (Source 2009 population and housing
census)

County Sub County 2009 2015 2017

Male Female Male Female Male Female
Isiolo Isiolo 20,750 20,746 23,240 23,236 24,070 24,065
Merti 6,014 6,100 6,736 6,832 6,976 7,076
Garbatulla 23,314 19,804 26,112 22,180 27,044 22,973
Meru Tigania North 141,177 152,049 158,118 170,294 163,765 176,377

197. The high populations in Meru County are due to the fact that the county has several
environmental regions including highlands and arid and semi-arid regions, with a more
sedentiary lifestyle in comparison to the Nomadic lifestyle led by the residents of Isiolo.
4.2.3 Health

198. In Isiolo County Over 70% of the county’s inhabitants live in the rural areas where
health facilities are inadequate, inaccessible, and unaffordable. Health services in the
County are provided through over 40 institutions comprising of 2No. Level 4 health
facilities, 5No. Level 2 health facilities and 34 No. Level 1 health facilities. These facilities
lack adequate personnel. The doctor/patient ratio for the County is 1:20,000 despite its
vastness; the County is poorly covered by existing health facilities. Most of the health
facilities are concentrated within the County headquarters and major settlement centres.
199. Meanwhile in Meru, the County has 80 public health facilities, 27 private facilities and
2 facilities run by NGO/missions. The County has 10 level IV hospitals, 26 level III health
centers, 46 level II health centers, 46 dispensaries and 24 clinics. According to the
2005/2006 KIHBS, 95.9 per cent of the population must cover more than 5 Km to access a
health facility and only 4.1 per cent access a health facility within less than 1Km.
200. The health sector in the project area alignment is poorly developed and characterized
by absence of health facilities such as dispensaries including chemists at the key market
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centres. There is a general lack of public and private investment in the health sector at the
project area. Residents are forced to travel long distances to seek medical services. For
instance, the inhabitants of Gambella market centre seek medical services from Isiolo town,
those from Ndumuru and Kachuru markets must travel to Maua or Laare towns …kms
away, those from Bullo, Kulamawe and Boji go to Garbatulla or Modogashe to get medical
services.
201. Along the project corridor, dispensaries offer medical assistance to locals. These
facilities are not equipped and are lacking adequate personnel. The five most prevalent
diseases in the county are: malaria, diarrhoea, stomach upsets, respiratory diseases and flu.
The majority of the cases of diarrhoea and stomach aches are associated with the use of
contaminated water especially during the wet seasons. It was observed that most
homesteads do not have latrines hence use bushes for nature calls. This contaminates water
once it rains thus causing the mentioned water borne diseases.
202. With regards to the HIV/AIDS prevalence in the area is estimated at 4.9 % (GoK, 2013
a), with 43.4% of the respondents have undertaken a HIV/AIDs test. Further, 89.8% were
aware of the existence of Sexually Transmitted Infections (STIS). On protection methods,
the respondents indicated: use of condom 13.1%, abstinence 30.6% and stick to one partner
56.3%.
203. Wasting and stunted growth is prevalent among children and stands at 3% and 18.6 %
respectively. This is due to malnutrition and the records shows that 90% of the children in
the county have been immunized against various diseases.
204. Reproductive health (RH) is a big challenge in this region, because of:
 Reluctance by local population to accept modern family planning methods;
 Low condom usage;
 Inadequate number of specialized investigative equipment in health facilities;
 Long distances to health facilities;
 Inaccessibility to family planning services (not available in the grassroots’
dispensaries); and
 Inadequate health personnel (in number);
4.2.4 Land Tenure and Land Use

205. Pastoralism is the dominant livelihood activity in the proposed project area (North
Eastern Kenya). It is supplemented by a limited amount of agriculture along the river beds,
which involves growing of maize, sorghum, some fruits and vegetables by small scale
irrigation. The area faces various developmental challenges including poverty and food
insecurity, low human capital and poor health standards, high vulnerability to climate
change, poor infrastructure, insecurity and low crop and livestock productivity.
206. The main agricultural products are camel and goat milk with limited cultivation of
crops.
207. The LAPSSET corridor which seeks to link Lamu Port in Kenya to Ethiopia and South
Sudan with Isiolo at the centre and the construction of the Isiolo International Airport and
Isiolo Resort City is set to open Isiolo County.
208. The county government of Isiolo has prioritized the development of Pastoralism in
Isiolo County with the help of development partners. For instance, the African
Development Bank funded the construction of an abattoir to the tune of Ksh. 350 million.
The facility has a capacity of slaughtering 100 goats, 100 camels and 200 cows per day.
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There are several Vision 2030 flagship projects which are ongoing in Isiolo County
including the construction of an International Airport in Isiolo town.

Figure 4-15: Typical Land Use within the Project Area

209. From Isiolo towards Gambella, the land adjacent to the road is individually owned with
titles, however as the road progresses towards Modogashe the land is more communally
owned. However, within the Meru section of the road alignment, adjudication is on-going.
4.2.5 Settlement Patterns

210. Due to the pastoralist nature of the communities within the project area, settlements
along the corridor are few and far between. The following are the settlements along the
road corridor:
i. Isiolo Junction
ii. Gambella
iii. Ndumuru
iv. Bullo
v. Kachuru
vi. Kulamawe
vii. Boji
viii. Garbatulla
ix. Janju
x. Eldera
xi. Modogashe

211. The human settlements along the project area are largely dictated by availability of
water sources.
212. The general type of settlement is shown in the figure below:

Figure 4-16: Typical Settlement (Kachuru) along the Project Road

4.2.6 Transport and Communication

213. The main form of transport within the project area and the two counties in general is
road transport, with poorly maintained roads. Majority of the roads with the exception of
the Isiolo – Marsabit – Moyale Road and the roads in Maua being the only paved roads
nearby. The project road acts as a major link between Isiolo, Meru and Wajir Counties.
This poor transport infrastructure in the area has led to limited economic growth.
214. However, following the establishment of the road authorities, the project road has
undergone upgrading to gravel standard for most of the sections by KeNHA and continues
to benefit from the routine maintenance program funded by KRB using RMLF, thus
reducing the travel times to an average of 7-8 hours.
215. Communication within the road corridor is also limited, especially in between the
various towns. Fortunately, majority of the towns have access to a cellphone network with
the major towns including Kinna, Garbatulla, Isiolo and Modogashe having access to post
office boxes.
216. Plans for the improvement of the transport and communication network is on-going and
is set to improve with the establishment of the project road, LAPPSET and the
establishment of an airport at Isiolo, the project area and the Northern frontier in Kenya is

expected to experience major improvements in the development sector including transport

and communication.
4.2.7 Commerce and Industry

217. The project area has no manufacturing establishments /industries despite a huge
potential in livestock product-based industries. The main economic activity in the county
is livestock production and this provide a huge potential for hides and skins processing
(tannery), camel and goat milk processing industries.
218. Both counties in general have tourist exploitations housing several national reserves
and individual ranches including Shaba, Meru and Buffalo reserves. These ecotourism
areas boost the economy in the Northern Frontier, as such the project road can open up the
area to further exploitation.
4.2.8 Local Communities

219. The project area is home predominantly the Borana community, a Cushitic pastoralist
community. Other communities include: the Ameru, Samburu, Meru, Somali, Turkana, and
other immigrant communities from other parts of the country.
The project has triggered OP/BP 4.10 Indigenous People due to the presence of pastoralist
communities that meets the criteria in OP/BP 4.10. The project has carried out a Social
Assessment (SA) was carried out in accordance to World Bank’s O.P 4.10, Free, Prior and
Informed Consultations (FPIC) with Vulnerable and Marginalized Groups (VMGs) lead to
broad community support for the project.
220. The SA analyzed VMGs social issues, establish project potential impacts, mitigation
measures and FPIC that informs the design of the project. This SA will enable the project
to be responsive to social development concerns, including seeking to enhance benefits for
vulnerable and marginalized groups, while minimizing or mitigating risk and adverse
impacts. The potential positive impacts identified include: (i) reduced insecurity; (ii)
reduction in travel time and costs; (iii) creation of employment; (iv) improved access to
social services; (v) reduction in vehicles operating costs; (vi) diversification of the local
economy; (v) improved livestock production; (vi) increased information access; and (vii)
increased social interaction. The potential negative impacts include: (i) loss of land and
other assets; (ii) in-migration risks; (iii) resources use competition;(iv) cultural erosion; (v)
road accidents; (vi) Gender Based Violence; and (vii) VMGs health and safety risks.
Mitigation measures have been proposed in the ESMP.
221. The project broad community support was achieved through FPIC. This was carried out
in a non-coercive, open, transparent manner, free from any forms of manipulation, bribery,
intimidation or duress with the VMGs during the stakeholder consultations and they were
conducted in accordance to the cultural requirements. Stakeholders, specifically the VMGs,
were adequately informed in advance that they were not obliged to make any decisions
concerning matters under discussion if they were not entirely sure of their preferred
position. Women were consulted separately from their male counterparts in separate
locations. Besides, VMGs were informed of their right to privacy in negotiations and
consultations if they felt that the presence of the consultants restricted their ability to
discuss and decide freely. They were informed of their right to accept, reject, partially
accept, partially reject or choose not to give an opinion on the project, and that they were
at liberty to request as much time as they required to make decisions on their interests at all
stages of consultation

222. According the Constitution of Kenya the communities within the project area are
identified as vulnerable and marginalized communities due to the following criteria: there
are an indigenous community that has retained and maintained a traditional lifestyle and
livelihood based on a hunter or gatherer economy; or pastoral persons and communities,
whether they are:
i. nomadic or
ii. a settled community that, because of its relative geographic isolation, has
experienced only marginal participation in the integrated social and economic life
of Kenya as a whole.
4.2.9 Water and Sanitation Services

223. The proposed project area has limited access to water and sanitation services. With the
exception of major towns i.e. Isiolo, Garbatulla and Modogashe, the rest of the towns lack
access to water supply and sanitation services.
224. Majority of the towns along the road alignment formed as a result of water resources.
The available water sources are summarized in the table below:
Table 4-4: Sources of Water along the Road Alignment

Source of Water Percentage of locals that use the source

along the road
Borehole 45.2 %
Water Pan 1.7 %
Piped public tap 10.7 %
Piped water into dwelling 15.1 %
Piped water into yard / plot 8.0 %
Protected spring 7.7 %
River/ stream / canal 11.7 %

225. There is low toilet ownership in the project area. Only 28.3% households had a toilet
facility, the rest of the population undertakes open defecation. The types of toilet facilities
were; compositing toilet 4.7%, flush to pit latrine 12.8%, flush to septic tank 4.3%, pit
latrine with slab 77.5% and VIP 0.7%. In addition, only 23.8% of the households have a
rubbish pit or disposal unit for waste. Only 7.4% of the households have a dish rack.
Disposal of waste that cannot be recycled or re-used is done in various ways with burning
or burying taking precedent at 34.5%, 10.3% dispose in the compound, 12.6% dispose by
the roadside, whereas 27.6% composite.
226. Due to the limited access to water and sanitation there are common outbreaks of gastro-
intestinal illnesses especially during the rainy periods.
4.2.10 Gender

227. The communities in the project area are patriarchal, where women’s position is viewed
as subservient, marginalized and disempowered. The Somalis for instance consider women
and children as part of a man’s property. The responsibilities of men in these ethnic groups

is livestock issues which include herding, watering animals, selling and making other key
decisions within the household. While, women normally perform domestic duties such as
tending the home and children, milking animals, fetching water and firewood, looking after
home herds of sheep and goats while a few engage in small scale farming and trade.
According to a UN article1, women in northern Kenya bear the brunt of drought due to
travelling long distances in search of domestic water.
228. It is also notable more men benefit more from formal education, as compared to young
girls remain at home to help in household chores and herding or are subject to early
marriages and female genital mutilation (FGM).
229. Because of this, women are not able to develop skills that enable them to find gainful
employment or engage in business. They are therefore not able to compete with men in
many spheres of life. Primary school dropout rates are higher among girls than boys. Most
girls never complete primary education or secondary education. From Isiolo towards
Kulamawe, where the project area passes through Meru County, women were more
empowered having access to credit and owing roadside businesses, however this
occurrence reduced from Kulamawe towards Modogashe, these occurrences reduced. A
social assessment conducted for the same road has established that there is a changing
socio-economic environment in the project area has had an impact on assigned gender roles.
Women within the community are increasingly taking up more roles that used to be the
preserve of men. For instance, men's role as the household head and provider is now shifting
to some women as men migrate to take up paid work in urban areas. Women therefore have
had to take up an extra load of responsibilities in addition to their normal household chores
leaving them overburdened and worsening poverty levels in the area.
4.2.11 Education

230. Education within the project area is highly limited due to the nomadic nature of the
communities within the project area. According to a household survey conducted in the
initial ESIA approximately 48.8% of the household heads have not attended school,
primary 27.8%, secondary 19.4% and 4% have attained University education. Further, in
the households it was established that a total of 61 (boys 46 and girls 15) under 18 years
were not in school. The main reasons for not being in school are presented in Table below.

Table 4-5: Reason for School Absences

Reason Percent (%)

Caring for household 3.5
Herding 33.3
Illness / sickness 5.3
Business / charcoal burning etc 12.3
Lack of school fees 7.0

1
http://www.unwomen.org/en/news/stories/2017/6/feature-in-kenya-women-bear-brunt-of-
drought
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Reason Percent (%)

No school in the neighborhood 12.3
Pregnancy 26.3

231. The road traverses a territory occupied by Borana, Somali, Turkana pastoralists and
Meru sections that keep livestock. This explains why herding is a key factor for dropping
out of school especially for boys.
232. Herding was more attractive and rewarding compared to school attendance. In the
context of early pregnancy being high the main factor is Female Genital Mutilation (FGM).
All the communities Borana, Meru and Somali practice it and girls are liable to have sexual
intercourse as soon as they get circumcised around 1-15 years.

4.2.12 Conflict and Insecurity

233. The major types of conflict in the region can be divided into four;
a) Inter and intra community conflict;
b) Cross border activities and
c) Terrorism
234. The initial conflict was as a result of a secessionist conflict in which ethnic Somalis in
the Northern Frontier District (NFD) of Kenya a region that is and has historically been
almost exclusively inhabited by ethnic Somalis attempted to join with their fellow Somalis
in a Greater Somalia. The government responded to frustrate their efforts by enacting
several repressive measures in what came to be known as the Shifta war (1963-1967) which
ended in 1967 through a ceasefire. Somali leaders were routinely placed in preventive
detention by the government, where they remained well into the late 1970s. Meanwhile,
violence continued in the region deteriorating into disorganized banditry, with occasional
episodes of secessionist agitation, for the next several decades.
235. The other type of conflict in the project area is inter and intra communal. Conflicts
among the communities are largely caused by competition over control of and access to
natural resources particularly water and pasture. Other causes of conflicts include historical
rivalry, deep-seated cultural values, land issues, border disputes, political incitements,
idleness amongst the youth and more recent proliferation of illicit arms. The existence of
conflict in the project area was confirmed during community consultation meetings where
participants complained of insecurity and frequent raids from neighbouring communities
and clans. In Isiolo County, the main source of conflict between the Meru and Borana is a
long outstanding administrative boundary between the two communities. The Borana
blame the Meru for shortchanging them during the drawing of the boundary because the
Borana were not represented while the Meru accuse the Borana who are nomadic pastoralist
of invading their land for grazing. The Borana and the Meru perceived the Turkana as
aggressors and complained that they always raid their land for pasture and sometimes steal
their livestock. Towards Modogashe counties inter communal conflict emanates from inter
clan politics and competition over pasture and water resources; more often triggering inter-
clan and cross-border resource deficiency related conflict between the Somali clans. The
social assessment study established that the counties have witnessed increased cases of
insecurity in form of inter-clan conflicts. Pastoral zones in the project area are divided

among communities, with clans committed to protecting their rights to land, encroachment
into such area leads to conflict.
236. Cross border activities such as armed groups and ethnic militias based in Kenya's
neighbours are also important source of insecurity in the region. The conflict in Somalia
has had a significant spill-over effect on the security situation in Kenya and especially on
the North-East part of Kenya. This has seen an increase in the proliferation of small arms
in the region. The impartial disarmament by government of one community leaves the
disarmed community vulnerable to attacks and makes the region volatile because any attack
on a community will most likely lead to revenge attack.
237. Jihadist insurgency, especially the emergence of Al-Shabab, has complicated the
insecurity situation in Isiolo County, with the Isiolo – Modogashe route being a suspected
access route from Somalia into the country. Several efforts have been made to address the
recurrent conflicts in the project area.
238. The above conflicts have rendered the project area rampant with insecurity. At the
national level, the government has beefed up security in some of the hot spots by
establishing security camps or posts with security personnel and also conducted
disarmament of the armed communities. The government and some development partners
have also tried to avert resource-based conflicts by providing water resources in some areas.
At the local level, the local leaders have been engaged in conducting peacebuilding
initiatives such as forming local peace committees that promote peace through dialogue
and mutual understanding among community members. Other local initiatives include
forming local vigilant groups that monitor and inform authorities of community members
likely to engage in any subversive activities likely to disrupt peace.
4.2.13 Physical Cultural Resources

239. Physical Cultural Resources are resources of archaeological, paleontological, historical,

architectural, and religious (including graveyards and burial sites), aesthetic or other
cultural significance. During the ESIA review, the consultant identified a few graveyards
which may be affected by the road alignment at GPS Co-ordinates 0°34'15.8"N
38°11'55.4"E. Other sites may be underground or not identified, as such the Consultant has
provided “Chance Find Procedures” provided in appendix 11.3.
4.3 ENVIRONMENTAL AND SOCIO-ECONOMIC SURVEY

240. The socio-economic situation of the area was captured based on findings of a household
survey carried out using a structured questionnaire. A sample group of 120 households,
distributed along the road was interviewed for purposes of the analysis. The gender of the
respondents was distributed as follows:

Figure 4-17: Gender of Respondent

Source: Survey Data

241. In addition the respondents consisted of the following ethnicities:

Figure 4-18: Ethnicity of Sample Population

Source: Survey Data

4.3.1 Population dynamics and household characteristics

242. The average household size is 7 people. The general trend shows that most of the people
fall in the 19-35 and 6-18 age groups, showing that the area is predominantly made up of
young families. Figure 4.1 shows the population age brackets.

Figure 4-19: Age Distribution of the Population

Source: Survey data.

243. Literacy levels were as follows:- Primary level 41%, Secondary level 24%, college
/university 6% and no education at all 29%. The data collected indicates that the project
area has a low literacy levels with majority of the population having only achieved primary
or no education, this is due to the reasons highlighted in Chapter 4.2.11 of this report.

Figure 4-20: Household Literacy Level

Source: Survey data.

244. Islam is the predominant religion in the area with a major 98% of the population being
Muslim and the remaining 2% being Christian.

Figure 4-21: Religion of the Population

Source: Survey data.

245. Due to the nature of the project area and the nomadic nature of its people, Firewood
and charcoal are the main fuels used for cooking in the ratios shown below:

Figure 4-22: Sources of Energy

Source: Survey data.

246. Being that the project area is a rural area characterized by community land and a
pastoralist community; the main economic activities include livestock farming/pastoralism
and crop farming at 46% and 19% respectively. The other socio-economic activities are
shown below:

Figure 4-23: Household Socio-Economic Activities

Source: Survey data.

247. Most of the populations’ income lies under 15000 as shown in the figure below.

Figure 4-24: Household Income per Month

Source: Survey data.

4.3.2 Transport, Water and Sanitation

248. Road transport is the major mode of transportation in the area with the respondents
making use of public and private means. The major modes of road transport are shown in
the figure below:

Figure 4-25: Common mode of Transportation

Source: Survey Data

249. The major issues experienced by the locals concerning road transport include long
travel times, poor road condition, poor frequencies of public transport among others
summarized in the figure below:

Figure 4-26: Transport Issues Experienced by the Community

Source: Survey Data

250. Being a rural area in an arid area, the main sources of water for domestic purposes
include boreholes and public water pans. Other water sources are shown in the figure
below.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
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Figure 4-27: Main Sources of Water for the Community

Source: Survey data.

251. The water quality is generally fair with 93% of the respondents indicating that the water
quality is acceptable. 7% of the respondents find the water to be good.

Figure 4-28: General Status of the Water Quality

Source: Survey data.

252. The major challenges experienced with regards to water supply are summarized in the
figure below, with the major challenge being long times taken to fetch water:

Figure 4-29: Challenges faced concerning Water

Source: Survey Data

253. The methods used by the population to dispose of household waste are distributed as
follows: 33% rely on private collectors, 33% burn their waste, 15% dump in open areas,
11% on collection by the county and 8% bury their waste the chart below shows the waste
disposal figuratively.

Figure 4-30: Common Waste Disposal Methods

Source: Survey data.

254. 57% of the households interviewed have access to a toilet, however due to a non-
existent sewerage network and the nomadic nature of most of the residents, pit latrines and
open defecation are the main sanitary facilities. Towards Isiolo town, however several
households have access to flush toilets connected to a septic tank as shown in the figures
below.

Figure 4-31: Respondents Who Have Toilets in Their Compound

Source: Survey data.

Figure 4-32: Types of Toilets Respondents Have in Their Compound

Source: Survey data.

4.3.3 Environmental & Social Situation

255. The environmental concerns in the area include overgrazing, water shortage, drought,
malaria spread and solid waste as shown in the figure below.

Figure 4-33: Environmental Issues of Concern

Source: Survey data.

256. There are a number of environmental conservation initiatives in the area such as
educating the public on environmental conservation and clearing of mosquito breeding sites
and others such and tree planting initiatives.

Figure 4-34: Environmental Conservation Initiatives

Source: Survey data.

257. With regards to the Social aspect, the main social issues within the area include,
insecurity, conflicts between neighbouring communities among for limited resources,
among others shown in the figure below:

Figure 4-35: Social Issues Experienced in the Area

Source: Survey Data

258. Several initiatives are being undertaken to mitigate some of these issues in the area,
these are summarized in the figure below:

Figure 4-36: Measures being undertaken to mitigate the Social Issues Currently being experienced in the Area

Source: Survey Data

4.3.4 Health Status

259. The prevalent diseases in the area are malaria, diarrhea, skin rashes cholera and
respiratory infections as shown in the figure below:

Figure 4-37: Prevalence of Diseases in the Area

Source: Survey data.

260. Most of the respondents when sick seek medical attention from a health centre.

Figure 4-38: Type of Treatment

Source: Survey data.

261. The health facilities sought by the local population are mainly publicly owned health
facilities.

Figure 4-39: Ownership Status of the Health Facilities.

Source: Survey data.

262. Being a rural area, the health centres are located at market centres along the road, which
causes long distances to these facilities for families that live away from the centres. The
distances to health centres is shown in the figure below.

Figure 4-40: Distance to the Health Facilities.

Source: Survey data.

263. Majority of population is aware of HIV/AIDS with 89% of the community having
knowledge on HIV/AIDS.

Figure 4-41: Level of Awareness on HIV/AIDS

Source: Survey data.

264. Information about HIV/AIDS is mainly obtained from the media, religious leaders,
health workers and NGOs/CBOs.

Figure 4-42: Source of information on HIV/AIDS

Source: Survey data.

265. 99% of the respondents have not been affected by the epidemic. The affected population
will be treated as a vulnerable group due to the stigmatization of the scourge, and can be
assisted by provision of ARVs during the project duration.

Figure 4-43: Household Members affected by HIV/AIDS

Source: Survey data.

266. 44% of the respondents feel that HIV/AIDS can be prevented while 28% feel that it
cannot be prevented and 28% do not know if it can or cannot be prevented.

Figure 4-44: Knowledge on whether HIV/AIDS can be prevented

Source: Survey data.

267. 40% of the respondents know where to go for voluntary counselling and testing for
HIV/AIDS, while a larger 60% do not know where to go, which reflects negatively on the
awareness of HIV/AIDS and its repercussions.

Figure 4-45: Respondents who know where to go to for Voluntary HIV/AIDS Testing

Source: Survey data.

4.3.5 The Project

268. Most of the residents are aware of the proposed project as shown in the figure below

Figure 4-46: Public Awareness of the Intended Construction of the Pipeline

Source: Survey data.

269. 75% of the respondents perceived that the construction of the road will bring positive
impacts while 25% percent perceived that it will bring about adverse impacts.

Figure 4-47: Perceived Impact of the Water Supply Project

Source: Survey data.

270. The positive impacts expected include reduced travel times, growth of towns, increased
job opportunities supply among others as shown below.

Figure 4-48: Positive Impact of the Proposed Project

Source: Survey data.

271. The negative impacts expected include demolition of structures and dust, noise
generation, interruption of services, soil erosion, loss of vegetation as shown in the figures
below during construction.

Figure 4-49: Negative Impact of the Proposed Project

Source: Survey data.

272. To mitigate the negative impacts the respondents feel that there is need to inform the
public on any interruption of services, need to educate the public and the construction crew
on health and safety, compensate the structure/land/crops/tree owners and avoid night time
construction.

Figure 4-50: How to Mitigate Adverse Impact of the Project

Source: Survey data.

5 RELEVANT POLICY LEGISLATIVE AND REGULATORY FRAMEWORK

273. There are many laws and regulations governing issues of environmental and social
concern in Kenya. The principal National legislation is the Environmental Management &
Coordination (Amended) Act of 2015. The Act empowers stakeholders to participate in
sustainable management of the natural resources. It calls for Environmental and Social
Impact assessment (ESIA) to guide the implementation of environmentally and socially
sound decisions. Other local laws and regulations looked into include but are not limited
to, the Constitution, the Water Act of 2016 among others.
274. In addition to the national legislation, the Consultant has discussed the World Bank
Safeguards Policies and Procedures that were triggered for this project.
275. The following is an outline of the legislative, policy and regulatory framework for
which the Proponent shall observe and implement in an effort to comply with
Environmental and Social Sustainability.
5.1 THE CONSTITUTION OF KENYA 2010

276. Article 42 states that every person has the right to a clean and healthy environment. The
constitution provides guidance on steps that may be taken in case any of any infringement
on these rights. In addition, the constitution provides for the establishment systems for
carrying out environmental and social impact assessment, environmental and social audit
and monitoring.
277. Article 56 of the constitution further highlights the rights of marginalized communities,
in the decision-making process with regards to development and their input. Thus,
highlighting the need for consultation during the ESIA process and the implementation of
the project.
278. In addition to the protection of the environment, the constitution states that the land in
Kenya belongs to the people of Kenya collectively as a nation. The constitution classifies
the land in Kenya into different categories. These categories will dictate whether
compensation will be required for the acquisition of a way leave. The categories include:
public (including all roads and thoroughfares).
5.2 NATIONAL POLICY FRAMEWORK

279. The Republic of Kenya has a policy, legal and administrative framework for
environmental and social management. The broad objectives of the national environmental
and social policy in Kenya are: -
 To ensure optimal use of natural resources while improving environmental quality.
 To conserve natural resources such that the resources meet the needs of the present
without jeopardizing future generations in enjoying the same.
 To develop awareness that inculcates environmental stewardship among the citizenship
of the country.
 To integrate environmental conservation and socio-economic aspects in the
development process.
 To ensure that national environmental and social goals contribute to international
obligations on environmental management and social integrity.

280. To achieve the above policy objectives, it is a policy directive that appropriate reviews
and evaluations of all forms of developmental project plans and operations are carried out
to ensure compliance with the environmental and social policy and legal frameworks. The
following section provides details on the relevant policies in the country.
5.2.1 Sessional Paper No. 10 of 2012 on Kenya Vision 2030

281. Kenya Vision 2030 is a comprehensive national development plan for period 2008 to
2030. The plan was developed following successful implementation of the Economic
Recovery Strategy for Wealth and Employment Creation which ensured the country’s
economy was back on the path for realization of rapid economic growth since 2002. The
county’s GDP growth rose from 0.6% to 7% in 2007, but declined to 1.7% and 1.8% in
2008 and 2009, respectively. The objective of the Vision 2030 is to transform Kenya into
a middle-income country with a consistent annual economic growth of 10 % by the year
2030. This goal is expected to be achieved by developing basic infrastructure services such
as roads, street lights, water and sanitation facilities, storm water drains, footpaths, and
others while ensuring that the country has a clean, secure and sustainable environment by
2030 through reduction of pollution and improvement of waste management. The proposed
road project will contribute to the realization of the goals of Vision 2030 through
improvement of a reliable and efficient road infrastructure facility, provision of
employment opportunities, and provision of faster and efficient mode of transport, among
others.
5.2.2 Environment and Development (Sessional Paper No. 6 of 1999)

282. The Kenya’s policy paper on the Environment and Development was formulated in
1999. The policy defined approaches that will be pursued by the Government in
mainstreaming environment into development. The policy harmonized environmental and
developmental objectives with the broad goal of achieving sustainable development. The
policy paper also provided guidelines and strategies for government action regarding
environment and development. In regard to wildlife, the policy reemphasized government’s
commitment towards involving local communities and other stakeholders in wildlife
conservation and management, as well as developing mechanisms that allow them to
benefit from the natural resources occurring in their areas. The policy also advocated for
the establishment of zones that allow for the multiple use and management of wildlife. This
policy is relevant to the proposed development project in view of the potential impacts on
the environment and involvement of the public in project planning.
5.2.3 Sessional Paper No. 10 of 2014 on the National Environment Policy

283. The policy seeks to provide the framework for an integrated approach to planning and
sustainable management of natural resources in the country. It recognizes the various
vulnerable ecosystems and proposes various policy measures not only to mainstream sound
environmental management practices in all sectors of society throughout the country but
also recommends strong institutional and governance measures to support achievement of
desired objectives and goals.
5.2.4 National Environmental Action Plan (NEAP) of 2009-2013

284. The 1992 Earth Summit held in Rio de Janeiro came up with various recommendations,
among them Agenda 21, a Global Environmental Action Plan. The theme of the Summit
focused on how nations could attain sustainable development. The Government of Kenya
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 5-2
Zamconsult Consulting Engineers November 2019

embraced this idea by developing the first National Environment Action Plan (NEAP) in
1994. The NEAP report addresses environmental issues from various sectors in an
integrated manner and their significance in development planning. It proposed a strategy
for achieving sustainable development in line with Kenya’s quest to meet the Sustainable
Development Goals (SDGs), Vision 2030 and Medium-Term Plan (MTP). The report
brings out several proposed interventions, legal and institutional framework to be
incorporated into sectoral development plans and programmes. Its implementation is
monitored through the Annual State of the Environment Reporting. The proposed road
intends to meet the development part, this ESIA will ensure that the development is
conducted sustainably.
5.2.5 The National Poverty Eradication Plan (NPEP) of 1999

285. The National Poverty Eradication Plan (NPEP) was formulated with an objective of
reducing the high levels of poverty in Kenya by 50 percent by the year 2015, as well as to
strengthen the capabilities of the poor and vulnerable groups to earn income. The plan also
aimed at reducing gender and geographical disparities in order to create a healthy, better-
educated and more productive population.
286. The formulation of the plan was guided by the goals and commitments agreed during
the World Summit for Sustainable Development (WSSD) of 1995. The plan therefore
focuses on the delivery of four WSSD themes of poverty eradication; reduction of
unemployment; social integration of the disadvantaged people and creation of an enabling
economic, political, and cultural environment through development of transport and
communication sector. The plan is implemented by the Poverty Eradication Commission
(PEC) that was established in collaboration with various Government Ministries, bilateral
and multilateral donors, the private sector, Community Based Organizations (CBOs) and
Non-Governmental Organizations (NGOs). The NPEP is relevant since the proposed road
will create an enabling environment that will contribute immensely in the enhancement of
economic growth in Kenya. The proposed project would also impact businesses,
agricultural and tourism related activities that have great relevancy to poverty eradication
in the country.
5.2.6 National Gender and Development Policy

287. The National Gender and Development Policy provide a framework for advancement
of women and an approach that would lead to greater efficiency in resource allocation and
utilisation to ensure empowerment of women.
288. The National Policy on Gender and Development is consistent with the Government’s
efforts of spurring economic growth and thereby reducing poverty and unemployment, by
considering the needs and aspirations of all Kenyan men, women, boys and girls across
economic, social and cultural lines. The policy is also consistent with the Government’s
commitment to implementing the National Plan of Action based on the Beijing Platform
for Action (PFA).
289. The overall objective of the Gender and Development Policy is to facilitate the
mainstreaming of the needs and concerns of men and women in all areas in the development
process in the country. This law will be of relevance to the contractor in ensuring that all
genders are given an equal opportunity during recruitment during the construction phase
and operation phase of the project. The employers will also provide adequate facilities for
all genders within the project site. In addition due to the gender disparity in the project area,

women should be consulted during the project implementation for their contribution to the
development.
5.2.7 The Poverty Reduction Strategy Paper (PRSP) of 2000

290. The Poverty Reduction Strategy Paper (PRSP) for Kenya has the broad objective of
reducing poverty and promoting economic growth. This policy articulates Kenya’s
commitment and approach to tackling endemic poverty through involvement of the poor
communities in both rural and urban areas in various socio-economic development
activities. The proposed project, during and after implementation will offer various
employment opportunities to Kenyans and will therefore contribute directly towards the
realization of the broad national goal of reducing poverty in the country. In addition, the
project would stimulate economic development by creating an enabling environment for
other key sectors of the economy to thrive.
5.2.8 The National Biodiversity Strategy of 2000

291. The National Biodiversity Strategy and Action Plan (NBSAP) was formulated to enable
Kenya address national and international commitments defined in Article 6 of the
Convention on Biological Diversity (CBD). The strategy is a national framework of action
for ensuring that the present rate of biodiversity loss is reversed, and present levels of
biological resources are maintained at sustainable levels for posterity. The general
objectives of the strategy are to conserve Kenya’s biodiversity; to sustainably use its
components; to fairly and equitably share the benefits arising from the utilization of
biological resources among the stakeholders; and to enhance technical and scientific
cooperation nationally and internationally, including the exchange of information in
support of biological conservation. The proposed road project will need to comply with the
requirements of this strategy since the project may lead to loss of naturally existing
vegetation along the project route.
5.2.9 Sessional Paper No. 3 of 2009 on National Land Policy

292. The Land Policy in Kenya is guided by the environmental management principles
which are aimed at restoring the environmental integrity through introduction of incentives
and encouragement of use of technology and scientific methods for soil conservation,
among others. The policy further requires fragile ecosystems to be managed and protected
by developing a comprehensive land use policy bearing in mind the needs of the
surrounding communities. The policy also requires zoning of catchment areas to protect
them from degradation and establishment of participatory mechanisms for sustainable
management of fragile ecosystems. The policy also calls for development of procedures for
co-management and rehabilitation of forest resources while recognizing traditional
management systems and sharing of benefits with contiguous communities and individuals.
Lastly, all national parks, game reserves, islands, front row beaches and all areas hosting
fragile biodiversity are declared as fragile ecosystems under the policy. The policy
recognizes that sustainable management of land based natural resources depends largely on
the governance system that defines the relationships between people, and between people
and resources. To achieve an integrated approach to management of land-based natural
resources, all policies, regulations and laws dealing with these resources need to be
harmonized with the framework established by the Environmental Management and
Coordination Act (EMCA Cap 387).

5.2.10 Sessional Paper No. 8 of 2012 on National Policy for the Sustainable
Development of Northern Kenya and other Arid Lands

293. In Kenya, the ASAL occupy 89% of the country and are home to about 36% of the
population, 70% of the national livestock herd and 90% of the wild game that supports the
country’s tourism industry. Arid lands of Northern Kenya cover close to 400,000 km of
land but have less than 700 km of tarmac road, most of which is in disrepair. This has an
impact on the attraction of investment and communication in the region
294. Since 2003 the Government has demonstrated renewed commitment to the ASALs, for
example through the Economic Recovery Strategy launched in 2003, which recognized ‘the
important contribution the ASALs can make to national development’. The Government of
Kenya is committed to putting in place a holistic policy framework that facilitates and fast-
tracks sustainable development in the region, reducing levels of inequality with the rest of
Kenya and releasing its potential for the benefit of the nation.
295. The Government recognizes that Kenya will not achieve sustained growth in her
economy and progress as a nation if the ASALs are not appropriately factored into national
planning and development. Trickledown benefits from areas which already have more
favourable investment climates have not worked across the country; moreover, the potential
for significant growth in these areas is now limited. The Government also recognizes that
Kenya will not achieve the goals of Vision 2030 or meet international commitments such
as the Sustainable Development Goals (SDGs) if regional inequalities are not addressed.
Poverty, inequality and insecurity in one part of the country negatively affect the country
as whole. Accelerated investment in ASALs is necessary if all Kenyans are to have an equal
chance of sharing in the promise and benefits of Vision 2030. Through appropriate
financing, the Government will provide leadership in mobilizing and allocating resources
necessary for strengthening the foundations for development, including roads, energy,
ICTs, water, education, health and security in ASAL areas.
5.2.11 Wildlife Policy of 2011

296. The wildlife policy is aimed at promoting protection and conservation of wildlife in
Kenya, both in protected and non-protected areas. The policy is implemented by the Kenya
Wildlife Service (KWS). The proposed road project will need to be consistent with this
policy. Where wild animals will be disturbed during the construction and operation of the
road, appropriate mitigation measures must be implemented to minimize disturbance to
wildlife.
5.2.12 Physical Planning Policy

297. The current policy governs the development and approval all building plans as provided
for in the Physical Planning Act (Cap 286). The proposed project will be subjected to the
provisions of this policy and legislation.
5.2.13 Public Health Policy of 2014

298. The public health policy calls upon the project proponents to ensure that buildings are
adequately provided with utilities so that they are fit for human habitation. The workers
camps must be provided with all amenities/utilities that are essential for safeguarding
public health for all people using the facilities.

5.2.14 Occupational Health and Safety Policy of 2012

299. This policy is intended to protect safety and health of workers in work places. The
proposed road project will provide employment opportunities to many workers at various
categories. The contractor will be expected to comply with the requirements of this policy
when engaging workers in various construction activities. The preliminary environmental
management provides mitigation measures that can be undertaken to ensure compliance
with the requirements of this policy.
300. In addition, the section 18 of the Act also states that an employer in this case the
Contractor ensures the health and safety of persons other than his/her employees. This
section of the Act establishes the role of the Contractor in ensuring the health and safety of
the surrounding communities during the implementation of the project. This ESIA report
takes into account the general public and surrounding communities in the identification of
impacts and provision of mitigation measures.
5.2.15 HIV/AIDS Policy of 2009

301. The policy identifies HIV/AIDS as a global crisis that constitutes one of the most
formidable challenges to development and social progress. The Pandemic heavily affects
the Kenyan economy through loss of skilled and experienced manpower due to deaths, loss
of man hours due to prolonged illnesses, absenteeism, reduced performance, increased
stress, stigma, discrimination and loss of institutional memories, among others. Due to the
large of number of workers who will be involved in the project and the associated social
issues with projects of such as scale, HIV/AIDS has been considered as one of the proposed
impacts, but adequate mitigation measures have also been proposed to that effect.
5.2.16 The Kenya National Climate Change Response Strategy of 2010

302. This strategy provides measures that the Government of Kenya is taking to address
issues related to the impact of climate change on various sectors of the economy. The
proposed road will need to take onboard the effects of changing climate in the country and
apply applied climate change mitigation measures. This is important because climate
change will in future affect the operation of the road.
5.2.17 KeNHA’s Environment and Social Safeguards Policy, 2018

303. The revised policy is set within KeNHA Vision of quality, safe and adequate National
Trunk Roads network. It contains the actions KeNHA will take so as to ensure that the
Authority activities don’t negatively harm the environment and adversely affect the social
fabric in communities where it works. Working in an environmentally and socially
responsible and safe manner are conditions of employment of contractors for various
projects. This policy is therefore targeting all its staff, contractors and other service
providers.
5.3 ENVIRONMENTAL GUIDELINES

304. In line with the Kenyan Constitution, NEMA has developed a number of guidelines
which are part of a series of environmental and social management tools for environmental
and social management in Kenya under the Environmental Management and Coordination
Act, CAP 387 of the Laws of Kenya. Below is a highlight of the key project relevant
guidelines;

5.3.1 National Solid Waste Management Strategy, NEMA, 2014.

305. NEMA developed the National Solid Waste Management Strategy in 2014 as a
framework for implementing the Vision 2030 flagship project. The Strategy establishes a
common platform for action between stakeholders to systematically improve waste
management. It introduces a new approach for improved waste management in Kenya to
create wealth, employment and reduce pollution of the environment.
306. The proposed road project is anticipated to produce waste; the proponent will be
required to manage waste as guided by this strategy but in line with Waste Management
regulations of 2006 and other relevant legislative frameworks. In general, the project
proponent should ensure waste management activities are 7R oriented, by Reducing;
Rethinking; Refusing; Recycling; Reusing; Repairing and Refilling waste.
5.3.2 Technical guidelines on the management of used oil and oil sludge in Kenya
(NEMA, 2014)

307. The main objective of the guidelines is to ensure effective and efficient collection and
transportation systems for used oil. These guidelines target government agencies
(responsible for decision making, formulating policies and enforcing health and safety
aspects of used oil and oil sludge management in the country), small generators, bulk
generators of used oil and oil sludge, garages, used oil treatment plants, recycling and
disposal facilities, and other interested stakeholders. The Proponent is envisioned to use
heavy machinery which will require servicing hence producing used oil. These guidelines
provide direction on safe management of used oil and oil sludge in Kenya and are a main
regulatory reference material for management of used oil in Kenya and hence will be used
as a key reference point to create awareness on hazards associated with handling used oil
and to provide guidance on infrastructure for management of used oil.
5.3.3 National sand harvesting guidelines, 2007

308. These guidelines apply to all sand harvesting activities in Kenya. This is deemed key
to ensure sustainable utilization of the sand resource and proper management of the
environment. Since the road project will require use of sand, it is expected that the
contractor’s sand harvesting activities will be conducted in line with respective legal
requirements and guided by these sand harvesting guidelines.
5.3.4 Integrated Land Use Guidelines

309. Land in Kenya is a key factor of production, making its proper management a
requirement for sustainable development. The demand for arable land, grazing, forestry,
wildlife, tourism and urban development are greater than the land resources available.
These demands become more pressing every year with continued population growth. To
address the identified key issues in land use management within a development-oriented
approach poses challenges to all stakeholders and requires integrative solutions across the
policy, socio-economic, and environment sectors.
310. The project area is located in a predominantly grazing area meaning that the
development of the road and its associated features including market centres. These
guidelines promote consultation with the local community of the establishment of the
associated road works which may have an impact on the livestock activities.

5.4 NATIONAL ENVIRONMENTAL LEGAL FRAMEWORK

311. The Republic of Kenya has numerous statutes that guide environmental and social
management and conservation in the country. Most of these statutes are sector specific and
cover a wide range of issues including public health, soil conservation, protected areas
conservation, endangered species, public participation, water rights, water quality, air
quality, excessive noise control, vibration control, land use, among others. The relevant
legislations are described in the following sub-sections.
5.4.1 The Environmental Management and Coordination Act of 2015 (CAP 387) and
its Amendment

312. This Act is an amendment of the Environmental Management and Co-ordination Act
of 1999. The amended Act covers virtually all diverse environmental issues which require
a holistic and coordinated approach towards its protection and preservation for the present
generation without compromising the interests of the future generation to enjoy the same.
Consequently, the amended act provides for the legal regime to regulate, manage, protect
and conserve biological diversity resources and access to genetic resources, marine and
freshwater resources and the ozone layer to name a few.
313. The Environmental Management and Coordination (Amended) Act, 2015 harmonizes
the various requirements of the other existing laws and regulations by stipulating that where
the provisions of any existing law conflicts with itself, then the provisions of the
Environmental Management and Coordination Act, Cap 387 shall prevail. This way, the
act is able to minimize any conflicts in enforcement of the various environmental laws and
regulations as applied to the relevant sectors. The Environmental Management and
Coordination Act represents the culmination of a series of initiatives and activities
coordinated by Government and stakeholders. It accentuates the right of every person in
Kenya to live in a clean and healthy environment and obliges each and every one to
safeguard and enhance the environment.
314. The Act gives power to the National Environment Management Authority (NEMA)
which is a semi-autonomous government agency mandated to exercise general supervision
and coordination over all matters relating to the environment and to be the principal
instrument of the Government of Kenya in the implementation of all policies relating to the
environment. NEMA is the body in charge of ensuring developments adhere to the policies
and frameworks set out by the Authority.
315. The act highlights the need for an ESIA which is presented in this report.
5.4.2 The Environment Management and Coordination Act CAP 387 and Its Tools

316. The Act has several regulations that aid in its implementation the relevant regulations
are highlighted in the sections below:
1) Environmental (Impact Assessment and Audit) Regulations 2003
317. These Regulations stipulate the importance of conducting an ESIA as well as the
procedure necessary. The Regulations highlight the various reports and their contents to be
submitted to NEMA for licensing. The regulations highlight the ESIA process which
includes:
 Submission of an ESIA project report to NEMA for review or licensing

 In some cases the Authority will request for a full study report for some projects for
which the applicant will be required to prepare a Terms of Reference and submit a study
report.
318. The project and study reports will be conducted before the implementation of the
development in question, the reports will be subject to approval by NEMA, the 0.1% fee
requirement however has been scrapped via government notice.
319. The regulations also calls for Environmental and social auditing and monitoring that
will be carried out during the construction or operation of the enterprise, the regulations
provide the format of the audit report which will be provided to NEMA.
2) Water Quality Regulations (2006)
320. Water Quality Regulations apply to water used for domestic, industrial, agricultural,
and recreational purposes; water used for fisheries and wildlife purposes, and water used
for any other purposes. Different standards apply to different modes of usage. These
regulations provide for the protection of lakes, rivers, streams, springs, wells and other
water sources.
321. The contractor will be expected to obtain water for human consumption for his staff
which should meet the following requirements:
Table 5-1: Quality Standards of Domestic Water

Parameter Value
pH 6.5 – 8.5
Suspended solids 30 (mg/L)
Nitrate-NO3 10 (mg/L)
Ammonia –NH3 0.5 (mg/L)
Nitrite –NO2 3 (mg/L)
Total Dissolved Solids 1200 (mg/L)
Scientific name (E.coli) Nil/100 ml
Fluoride 1.5 (mg/L)
Phenols Nil (mg/L)
Arsenic 0.01 (mg/L)
Cadmium 0.01 (mg/L)
Lead 0.05 (mg/L)
Selenium 0.01 (mg/L)
Copper 0.05 (mg/L)
Zinc 1.5 (mg/L)
Alkyl benzyl sulphonates 0.5 (mg/L)
Permanganate value (PV) 1.0 (mg/L)

322. In addition, the regulations give the recommended standards for effluent disposal, and
being that the project area is not served by a public sewer, the Contractor’s camp will have
to have on site effluent treatment to meet before release into the environment.
3) The Environmental Management and Coordination (waste management)
Regulation, 2006
323. The Waste Management Regulations are meant to streamline the handling,
transportation and disposal of various types of waste. The aim of the Waste Management
Regulations is to protect human health and the environment. The regulations place
emphasis on waste minimization, cleaner production and segregation of waste at source.
324. These regulations will be of great importance particularly during the construction phase
of the project. During the Construction, the Contractor will have to meet the requirements
of the regulations, by providing solid waste sorting and transportation using a licensed
transporter who will dispose of the solid waste to the designated receptacle.
325. The regulations will guide the Contractor’s preparation of a waste management plan for
all solid waste from the site and site related works.
4) EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009
326. These Regulations determine the level of noise that will permissible in particular during
the construction of the improvements, the following factors will be considered:
 Time of the day;
 Proximity to residential area;
 Whether the noise is recurrent, intermittent or constant;
 The level and intensity of the noise;
 Whether the noise has been enhanced in level or range by any type of electronic or
mechanical means; and,
 Whether the noise is subject to be controlled without unreasonable effort or expense to
the person making the noise.
327. The Contractor will have to meet the requirements of these regulations particularly
during the construction process, where some of the construction activities are bound to
make some level of noise. These regulations are summarised in the table below:
Table 5-2: Table showing Permissible Noise Level for a Construction Site

Facility Local Maximum Noise Level Permitted in Decibels

Day Night
1. Health facilities, 60 35
educational institutions,
homes for disabled etc.
2. Residential areas 60 35
3. Areas other than 1 and 2 75 65
above

328. In addition the IFC regulations for permissible noise levels are summarized in the table
below:

Facility Maximum Noise Level Permitted in Decibels

Day Night
1. Residential; institutional; 55 45
educational
2. Industrial; commercial 70 70

329. Comparatively both regulations are relatively similar, as such the local regulations will
be used.
5) Draft Environmental Management and Coordination (Air Quality) Regulations, 2009
330. The objective of the Regulations is to provide for prevention, control and abatement of
air pollution to ensure clean and healthy ambient air. It provides for the establishment of
emission standards for various sources such as mobile sources (e.g. motor vehicles). The
Contractor will have to ensure all his machinery do not exceed the emissions made in the
regulations. These values are presented in the first schedule of the regulations and based on
24hr sample collections (Sulphur Oxides – 30-125 µg/m3, Nitrogen Oxides NH3 – 30-150
µg/m3, Particulate matter PM10 -50-70 µg/m3, Hydrocarbons – 400 – 2000 ppm and
Hydrogen Sulphides 50 – 200 µg/m3).
6) Environmental Management and Co-ordination (Fossil Fuel Emission Control)
Regulations, 2006
331. The EMCA (Fossil Fuel Emission Control) Regulations, 2006 aims at eliminating or
reducing emissions emitted from internal combustion engines to acceptable levels. The
regulation provides guidelines on use of clean fuels, use of catalysts and inspection
procedures for engines and generators. This regulation is applicable to the proposed project
since there would be use of vehicles, machinery and equipment that depend on fossil fuel
as their source of energy. The requirements of the regulation must be implemented to
eliminate or reduce air quality degradation. Sections of the regulation citing the standards
of recommended emission levels will be given to the contractor and or pinned at strategic
points in the contractor’s field offices.
7) Environmental Management and Co-ordination (Conservation of Biological
Diversity and Resources, Access to Genetic Resources and Benefit Sharing)
Regulations, 2006
332. The EMCA (Conservation of Biological Diversity and Resources, Access to Genetic
Resources and Benefit Sharing) Regulations, 2006 provides that no person shall engage in
any activity that may have an adverse impact on any ecosystem; may lead to the
introduction of any exotic species or to unsustainable use of natural resources, without an
Environmental Impact Assessment License issued by the Authority under the Act.
333. The regulation requires NEMA in consultation with the relevant lead agencies, to
impose bans, restrictions or similar measures on the access and use of any threatened
species to ensure its regeneration and maximum sustainable yield. The proposed road
traverses’ areas with diverse ecosystems which will need to be protected as per the
requirements of this regulation.

8) Environmental Management and Co-ordination (Wetlands, River Banks, Lake Shores

and Sea Shore Management) Regulations, 2009
334. The Environmental Management and Co-ordination (Wetlands, River Banks, Lake
Shores and Sea Shore Management) Regulations, 2009 applies to all wetlands in Kenya
whether occurring in private or public land. The objectives of the regulations are to provide
for the conservation and sustainable use of wetlands and their resources in Kenya and
promote the integration of sustainable use of resources in wetlands into the local and
national management of natural resources for socio-economic development.
335. The act also aims at ensuring the conservation of water catchments and the control of
floods and the sustainable use of wetlands for ecological and aesthetic purposes for the
common good of all citizens.
336. The act also makes provision for the protection of wetlands as habitats for species of
fauna and flora. It also provides a framework for public participation in the management of
wetlands.
337. Due to the fact that the project area traverses several river courses and areas prone to
flooding. The road construction should ensure that there is adequate infrastructure to ensure
the natural flow of these water bodies is maintained and not impeded.
5.4.3 The Kenya Roads Act, 2007

338. This is an Act of Parliament that provided for the establishment of Kenya Road
Agencies i.e. Kenya National Highway Authority (KeNHA), the Kenya Urban Roads
Authority (KURA) and the Kenya Rural Roads Authority (KeRRA) and provided powers
and functions of the authorities.
339. KeNHA is mandated to manage, develop, rehabilitate and maintain all national roads.
Other function vested to this authority relevant to the proposed project are controlling
national roads and road reserves and access to roadside developments; implementing road
policies in relation to national roads; ensuring adherence to the rules and guidelines on axle
load control prescribed under the Traffic Act (Cap. 403) and under any regulations under
this Act; ensuring that the quality of road works is in accordance with such standards; in
collaboration with the Ministry responsible for Transport and the Police Department,
overseeing the management of traffic and road safety on national roads; collecting and
collating all such data related to the use of national roads as may be necessary for efficient
forward planning under this Act; monitoring and evaluating the use of national roads;
planning the development and maintenance of national roads and liaising and coordinating
with other road authorities in planning and on operations in respect of roads.
5.4.4 The Kenya Roads Board Act, 1999

340. The Act was assented in January 2000. Establishing a board to oversee the road network
in Kenya and thereby coordinate its development, rehabilitation and maintenance and to be
the principal adviser to the Government on all matters related to Road Development.
341. The Standard Specifications for Road and Bridge construction has guidelines on
environmental protection and mitigation. Standard Specification Clauses
116,117,125,135,137 specifically address protection of the environment, with regard to
water, health, safety and accidents, water supply, maintenance of the engineers’ staff
houses, offices, laboratories, and attendance upon the engineer and his staff. The provisions
of these standards and codes must not be contravened during project implementation. These

provisions are largely supportive of EMCA, Cap 387 and forms part of the legal basis for
environmental mitigation, avoidance, prevention, compensation, restoration and
enhancement.
5.4.5 Public Roads and Roads of Access Act Cap 399

342. The Public Roads and Roads of Access Act Cap.399 Act states that a public road is any
road which the public has a right to use immediately before the commencement of this Act,
or all proclaimed or reserved roads and thoroughfares being or existing on any land sold or
leased or otherwise held under the East Africa Land Regulations, 1897, the Crown Lands
Ordinance,1902, or the Government Lands Act at any time before the commencement of
this Act and all roads and thoroughfares hereafter reserved for public use. The construction
of the proposed road will need to take note of the provisions of this Act.
5.4.6 The Traffic Act Cap 403

343. The Traffic Act reserves the use of the road corridor for road facilities only. Any
vegetation grown to protect the road edges should not cause problems during maintenance.
Encroachment along the road corridor will have to be checked especially during the
operational phase of the project. The Act also spells out conditions for use of roads by
motorists, among others. The contractor’s vehicles shall comply to all traffic rules in
Kenya.
5.4.7 The Wildlife Management and Conservation Act 2013

344. The Wildlife and Conservation Act deals with the conservation and management of
wildlife in Kenya. The Act provides that wildlife should be conserved to yield optimum
returns in terms of cultural, aesthetic, scientific and economic benefits. The Act requires
that full account be taken of the interrelationship between wildlife conservation and land
use. The Act controls activities within the national parks, which may lead to the disturbance
of wild animals. Unauthorized entry, residence, burning, damage to objects of scientific
interest, introduction of plants and animals and damage to structure are prohibited under
this law.
345. The act also provides for the formation of County Wildlife Conservation and
Compensation Committee, which according to clause 19(d) gives the committee to bring
together all relevant stakeholders within the county to actively harness their participation
in the planning and implementation of projects and programmes related to the protection,
conservation and management of wildlife resources in the county;
346. Although the project road does not traverse any conservation areas, the project road
will affect some wildlife crossing areas. The road construction will need to make provisions
for the free passage of wildlife at these identified crossing points.
5.4.8 Water Act 2016

347. This Act is an update of the Water Act of 2002. It makes provision for the provision of
clean and safe water in adequate quantities and to reasonable standards of sanitation for all
citizens. In addition, it gives authority to various authorities in meeting its mandate
including the water resources regulatory authority (WRA), among others.
348. The Act stipulates that a permit shall be required in all cases of proposed diversion,
abstraction, obstruction, storage or use of water, with minor exceptions relating to use for
domestic purposes (Section.36). Under the Water Act (General) Rules, it is stated that any
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 5-13
Zamconsult Consulting Engineers November 2019

rights acquired under the permit are subject to the Public Health Act and the Malaria
Prevention Act, in addition to the Water Act itself.
349. The Water Act (General) Rules make provision for discharges in a number of respects,
as follows:
 Effluent shall not be returned to any body of water unless it has been purified. Further,
it must not contain poisonous or injurious matter or excess silt, gravel or boulders.
 Water used for pulping, mulling or washing of coffee shall be efficiently screened.
350. There will be several works along dry river beds, when in flow, the contractor will be
expected to obtain permits from WRA, in addition the with regards to any new boreholes
sunk during the project construction and operation phases, the Contractor will obtain water
abstraction permits from WRA.
5.4.9 The Public Health Act (CAP. 242)

351. Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance
or condition liable to be injurious or dangerous to human health. Part Xll Section 136 states
that all collections of water, sewage, rubbish, refuse and other fluids which permits or
facilitates the breeding or multiplication of pests shall be deemed nuisances The Act
addresses matters of sanitation, hygiene and general environmental health and safety. This
Act will govern the Contractor’s activities on site including ensuring the health and safety
of employees including providing health services when it comes to venereal diseases.
5.4.10 The Land Act, 2012

352. The Land Act was enacted by Parliament to give effect to Article 68 of the Constitution,
to revise, consolidate 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) community land
under Article 63 of the Constitution and any other written law relating to community land.
353. 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.
354. Under the Lands Act 2012, The Wayleaves 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.
355. Majority of the project road is located along community grazing land as such this Act
will be key for the establishment of the road reserve along the project road during the
implementation of the resettlement action plan (RAP).
5.4.11 The National Land Commission Act, 2012 (No. 5 of 2012)

356. The National Land Commission of Kenya is an independent government commission

whose establishment was provided for by the Constitution of Kenya to, amongst other
duties, manage public land on behalf of the national and county governments, initiate
investigations into present or historical land injustices, recommend appropriate redress,
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 5-14
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monitor and have oversight responsibilities over land use planning throughout the country.
It was officially established under The National Land Commission Act, 2012. The mandate
of the National Land Commission is drawn from the National Land Policy of 2009,
Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and
the Land Registration Act of 2012. Under the National Land Commission Act, the
Commission shall among other duties monitor the registration of all rights and interests in
land and ensure that public land and land under the management of designated state
agencies are sustainably managed for their intended purpose and for future generations.
Also, the commission is required to manage and administer all unregistered trust land and
unregistered community land on behalf of the county government and develop and
encourage alternative dispute resolution mechanisms in land dispute handling and
management. The Commission is also required in consultation and cooperation with the
national and county governments, to establish county land management boards for the
purposes of managing public land.
357. This Act is extremely important due to the need for acquisition of the community land
along the project road alignment.
5.4.12 Community Land Act 2016

358. The Community Land Act, No. 27 of 2016 (the Act) came into force on 21 September
2016. The Act aims at: 1. Giving effect to Article 63 of the Constitution of Kenya, 2010
(the Constitution) which provides for a classification of land known as community land.
To this end, the Constitution provides that community land shall vest in and be held by
communities. 2. Providing for;
i. The recognition, protection and registration of community land rights.
ii. The management and administration of community land.
iii. The role of county governments in relation to unregistered community land and related
matters.
359. The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of
Kenya) and the Trust Lands Act (Chapter 288 of the Laws of Kenya). This project shall
uphold the requirement of all the relevant land legislations, involving key administrative
stakeholders and the affected parties (i.e. the community) facilitating in coexistence with
the surrounding community. Most of the land within the project route is community land.
Community consultations and consent will be critical during project construction period.
5.4.13 The Environment and Land Court Act, 2011

360. This is an Act of Parliament 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 land.
361. The Environment and Land Court is one of the Courts contemplated by article 162(2).
It is a Superior Court and has the same status as the High Court. The court is established
under section 4 of the Environment and Land Court Act No. 19 of 2011. It has jurisdiction
to hear any other dispute relating to environment and land. The jurisdiction of the court is
provided under section 13 of the Act. The Court has 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 the Act or any other written law relating to environment and
land. The court has powers to deal with disputes relating to land administration and
management. The court is also empowered to hear cases relating to public, private and

community land and contracts or other instruments granting any enforceable interests in
land. The court also exercises appellate jurisdiction over the decisions of subordinate courts
or local tribunals in respect of matters falling within the jurisdiction of the Court. The court
further exercises supervisory jurisdiction over the subordinate courts, local tribunals,
persons or authorities in accordance with Article 165(6) of the Constitution.
5.4.14 Physical Planning Act (Cap 286)

362. Under the physical planning act, physical development activities are supposed to be
carried out according to the physical plans. Accordingly the processes of physical planning
involve two stages; the plan making stage and the development control stage. The former
involves drawing up the actual plan to indicate the various activities and zones whereas the
later involves the process of determining applications by developers to carry out specific
development activities. Section 36 states “if in connection with a development application
a local authority is of the opinion that proposals for the proposed road project or any other
development activity will have injurious impact on the environment, the applicant shall be
required to submit together with the application an environment impact assessment report”.
This ESIA covers the proposed works.
5.4.15 Occupational Safety and Health Act

363. This legislation provides for protection of workers during construction and operation
phases of the project. This act will provide some of the mitigation measures for any negative
impacts in particular those concerning the workers within the site.
364. Section 17 of the Act further highlights the importance of an employer or in this case
Contractor to ensure the health and safety of persons other than his/her employees. As such
this Act also ensures the inclusion of community health and safety in this ESIA
5.4.16 The Penal Code (Cap. 63)

365. The Penal Code (Cap. 63) chapter on “Offences against Health and Conveniences”
strictly prohibits the release of foul air into the environment, which affects the health of
other persons. Any person who voluntarily violates the atmosphere at any place, to make it
noxious to health of persons in general dwelling or carrying out business in the
neighborhood or passing along public ways is guilty of misdemeanor and shall be subjected
to imprisonment not exceeding two years with no option of fine.
366. Under this code, any person who for trade or otherwise makes loud noise or offensive
awful smell in such places and circumstances as to annoy any considerable number of
persons in the exercise of their rights, commits an offence, and is liable to be punished for
a common nuisance, i.e. imprisonment not exceeding one year with no option of fine. The
contractor of the proposed road will therefore need to ensure that all emissions are
controlled during the construction phase of the project to avoid interference on health of
the local communities and the workers.
5.4.17 The Employment Act, 2007

367. The Employment Act, 2007 defines the fundamental rights of employees including the
basic conditions of employment of workers. It also regulates employment of children. The
contractor on site will have to employ casual labourers probably from the communities
where the road traverses during construction.

368. The basic conditions of employees should be observed to avoid unnecessary conflicts
during the construction works. The Contractor shall pay the entire amount of the wages
earned by or payable to the workers. Payment of such wages should be done at the end of
a working day at or near the place of work. The Contractor shall also ensure that all statutory
deductions are submitted without delay to appropriate government agencies e.g. Kenya
Revenue Authority, NSSF, NHIF, among others.
5.4.18 Work Injury Compensation Benefit Act (WIBA) 2007

369. The Work Injury Compensation Benefit Act 2007 provides guideline for compensating
employees on work-related injuries and diseases contacted during employment. The Act
also requires provision of compulsory insurance for all employees. The Act defines an
employee as any worker on contract of service with employer. It will be important for the
Contractor of the proposed project to ensure that all workers contracted during the project
implementation phase are provided with appropriate insurance covers so that they can be
compensated in case they get injured while working.
5.4.19 The HIV and AIDS Prevention and Control Act

370. This is an Act of Parliament to provide measures for the prevention, management and
control of HIV and AIDS, to provide for the protection and promotion of public health and
for the appropriate treatment, counseling, support and care of persons infected or at risk of
HIV and AIDS infection, and for connected purposes.
371. This Act will ensure that the Contractor makes provision for Voluntary Counselling
and Testing (VCT) services for employees and locals, as well as promotes public
awareness. This will go a long way in ensuring stigmatization of HIV and AIDS is reduced
as well as managed during the construction period.
5.4.20 The Sexual Offences Act, 2006

372. This Act protects people and employees from any unwanted sexual attention or
advances by staff members. This act ensures the safety of women, children and men from
any sexual offences which include: rape, defilement, indecent acts. This law will govern
the code of conduct of the Contractor’s staff and provide repercussions of any wrong doing.
5.4.21 The National Gender and Equality Act, 2011

373. National Gender Equality Commission is a constitutional Commission established by

an Act of Parliament in August 2011, as a successor commission to the Kenya National
Human Rights and Equality Commission pursuant to Article 59 of the Constitution. NGEC
derives its mandate from Articles 27, 43, and Chapter Fifteen of the Constitution; and
section 8 of NGEC Act (Cap. 15) of 2011, with the objectives of promoting gender equality
and freedom from discrimination.
374. Gender mainstreaming in road projects ensures that the concerns of women and men
form an integral dimension of the project design, implementation, operation and the
monitoring and evaluation ensures that women and men benefit equally, and that inequality
is not perpetuated.

5.4.22 The Children Act, 2001

375. This Act protects the welfare of children within the Country. The Act identifies
Children as a person below the age of 18 years old and protects them from exploitation. Of
particular importance to this project, is section 10, which protects the child from:
 Economic exploitation.
 Any work that interferes with his/ her education, or is harmful to the child’s health or
physical, mental, spiritual, moral or social development.
5.4.23 Persons with Disability Act, CAP 133

376. This act protects the rights of people with disabilities ensuring they are not marginalized
and that they enjoy all the necessities of life without discrimination. The act guarantees that
(1) No person shall deny a person with a disability access to opportunities for suitable
employment. (2) A qualified employee with a disability shall be subject to the same terms
and conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as qualified able-bodied employees. (3) An employee
with a disability shall be entitled to exemption from tax on all income accruing from his
employment.
377. This Act will ensure that persons with disabilities are included in vital decision-making
processes throughout all phases of the project.
5.4.24 Security Laws (Amendment) Act, 2014

378. This act entails a legal framework and jurisdiction on security matters. It is a
constitutional entitlement to live and feel secure from agents that may compromise ones’
life and safety. Security measures are vital in this project following past terrorist
experiences reported in the area; the contractor shall embark on a community policing
program to be executed by a competent security firm. It is recommended that the
government takes keen in providing adequate support to enhance the security of persons
involved in this project and the community at large, which will translate to provision of
critical intelligence that will trigger a review of the existing security measures and tactics,
among other advantages such as security expertise and artillery.
5.4.25 The County Governments Act, 2012

379. The promulgation of the 2010 Constitution brought about County Governments. This
Act highlights the role of the County Government. The County Government will be in
charge of all development activities within the County, as such will be a major stakeholder
for the proposed project.
5.4.26 Building Code 2009

380. This by-law recognizes the county governments as the leading planning agencies. It
compels potential developers to submit development applications for the approval. The
county governments are hence empowered to approve or disapprove any plans if they do
or don’t comply with the law, respectively.
381. Section 214 of the by law requires that any public building where the floor is more than
20 feet above the ground level should be provided with firefighting equipment that may
include one or more of the following; hydrants, hose reels and fire appliances, external

conations portable fire appliances, water storage tanks, dry risers, sprinkler, drencher and
water spray spring protector system.
382. The Contractor will refer to these by-laws in the establishment of his camp and site
offices.
5.4.27 The National Museums and Heritage Act, 2006

383. This is an act of parliament to provide for the establishment, control, management and
development of national museums and the identification, protection, conservation and
transmission of the cultural and natural heritage of Kenya. Due to the project area’s rich
and diverse history and background, there might be historical and cultural sites which may
be affected. The chance find procedures presented in appendix 11.2 of this report taken into
account this act for its implementation.
5.5 WORLD BANK SAFEGUARD POLICIES

5.5.1 Operational Policy 4.01: Environmental Assessment, 2001

384. Environmental Assessment is used in the World Bank to identify, avoid, and mitigate
the potential negative environmental and social impacts associated with Bank lending
operations. The purpose of Environmental Assessment is to provide guidance for
environmental and social assessment of the WB financed projects, improve decision
making, to ensure that project options under consideration are sound and sustainable, and
that potentially affected people have been properly consulted. A proposed project is
classified as Category A if it is likely to have adverse environmental and social impacts
that are significant, generally large-scale, irreversible, sensitive, diverse, cumulative or
precedent setting and may affect an area broader than the sites or facilities financed by the
project. The proposed road project will have a major impacts along the road corridor in all
phases of the project including loss of grazing land along the road, change in the landscape
not just along the quarry and borrow sites (loss of materials), establishment of larger market
centres and towns, influx of new populations in search of new opportunities, interference
with existing ways of life, GBV, increased conflicts, pressure for existing resources,
increase in traffic during the operation phase leading to an increase of foreign members to
the community. All these impacts will have a permanent change to the existing status quo,
thus requiring an in depth ESIA study provided in this report.
5.5.2 Operational Policy 4.04-Natural Habitats

385. This operational policy requires that the ESIA study applies the precautionary principle
approach to natural resource management to ensure environmental sustainability. The
policy requires conservation of critical habitat during project development. To ensure
conservation and project sustainability, the policy requires project alternatives to be sought
when working in fragile environment areas and key stakeholders to be engaged in project
design, implementation, monitoring and evaluation including mitigation planning.
5.5.3 Bank Operational Policy 4.10: Indigenous Peoples

386. This policy contributes to the World Bank's mission of poverty reduction and
sustainable development by ensuring that the development process fully respects the
dignity, human rights, economies, and cultures of Indigenous people. The project planning
therefore must involve in-depth consultations with the public all the involve key

stakeholders in ensuring the objectives of this policy are attained by (a) avoiding potentially
adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not
feasible, minimize, mitigate, or compensate for such effects. The project should also be
designed to ensure that the indigenous people receive social and economic benefits that are
culturally appropriate and gender and inter-generationally inclusive.
387. The communities predominantly identified along the transport corridor are the Meru,
the Borana, Somali, and Turkana communities. Some of which are considered as
marginalized.
388. Due to the identification of marginalized communities who are considered vulnerable,
in addition to an ESIA, a social assessment, process of free prior, and informed consultation
with the affected Indigenous Peoples’ communities at each stage of the project, and
particularly during project preparation and the preparation of an Indigenous Peoples Plan.
5.5.4 World Bank Directive on Vulnerable Groups

389. As mentioned in chapter 5.5.3of this report, the project area is home to the Borana,
Somali and Turkana communities, some of which are considered as marginalized and
vulnerable. The term “vulnerability” refers to those individuals or groups who, by virtue
of, for example, their age, gender, ethnicity, religion, physical, mental or other disability,
social, civic or health status, sexual orientation, gender identity, economic disadvantages
or indigenous status, and/or dependence on unique natural resources, may be more likely
to be adversely affected by the project impacts and/or more limited than others in their
ability to take advantage of a project’s benefits. Such an individual/group is also more likely
to be excluded from/unable to participate fully in the mainstream consultation process and
as such may require specific measures and/or assistance to do so. This will take into account
considerations relating to age, including the elderly and minors, and including in
circumstances where they may be separated from their family, the community or other
individuals upon whom they depend.
390. This ESIA needs to take into account the vulnerable community members along the
project road, engage them in various consultations in order to include them and their various
vulnerabilities in the ESIA with a means of adequately providing mitigation measures to
their various disadvantages for all phases of the project.
5.5.5 Operational Policy 4.11-Physical Cultural Resources

391. This policy guides in preserving physical cultural resources and helps reduce chances
of their destruction or damage. The policy considers Physical Cultural Resources (PCR) to
be resources of archaeological, paleontological, historical, architectural, and religious
(including graveyards and burial sites), aesthetic or other cultural significance. This policy
applies to all projects requiring a Category A or B Environmental Assessment under OP
4.01, project located in, or in the vicinity of, recognized cultural heritage sites.
392. There is a potential of the project road affecting some of these sites, whose exact
location is unknown as such the Consultant has presented “Chance Finds Procedures”, in
appendix 11.2 of this report.
5.5.6 The Bank's Operational Policy 4.12: Involuntary Resettlement

393. This is triggered in situations involving involuntary taking of land and involuntary
restrictions of access to legally designated parks and protected areas. The policy aims to

avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse
social and economic impacts.
394. It promotes participation of displaced people in resettlement planning and
implementation, and its key economic objective is to assist displaced persons in their efforts
to improve or at least restore their incomes and standards of living after displacement.
395. The policy prescribes compensation and other resettlement measures to achieve its
objectives and requires that borrowers prepare adequate resettlement planning instruments
prior to Bank appraisal of proposed projects.
396. The proposed road project will affect several people living and conducting businesses
along the road, in addition there will be the loss of grazing land along the road corridor for
which a resettlement action plan was conducted.
5.5.7 World Bank Policy on Access to Information, 2010

397. The World Bank policy on access to information sets out the policy of the World Bank
on public access to information in its possession. This Policy supersedes the World Bank
Policy on Disclosure of Information, and took effect on July 1, 2010.
398. This Policy is based on five principles:
 Maximizing access to information.
 Setting out a clear list of exceptions.
 Safeguarding the deliberative process.
 Providing clear procedures for making information available.
 Recognizing requesters’ right to an appeals process.
399. In disclosing information related to member countries/borrower in the case of
documents prepared or commissioned by a member country/borrower (in this instance,
safeguards assessments and plans related to environment, resettlement, and indigenous
peoples, OP/BP 4.01, Environmental Assessments, OP/BP 4.10 and OP/BP 4.12
Involuntary Resettlement); the bank takes the approach that the country/borrower provides
such documents to the Bank with the understanding that the Bank will make them available
to the public.
5.6 WORLD BANK GROUP ENVIRONMENTAL, HEALTH AND SAFETY (EHS) GUIDELINES

400. These are technical reference documents with general and industry-specific examples
of Good International Industry Practice (GIIP). When one or more members of the World
Bank Group are involved in a project, these EHS Guidelines are applied as required by their
respective policies and standards. These General EHS Guidelines are used in addition to
the local guidelines in order to provide mitigation measures for the various environmental
and social impacts that will be identified in this report.
401. The main EHS guidelines that will be used alongside local policies include:
5.6.1 Environmental Guidelines

402. These guidelines will govern the Contractor’s activities during the construction of the
road and the construction works impacts on the physical environment. The guidelines
include:
i. Air Emissions and Ambient Air Quality – which provide the air quality standards, limits
and monitoring requirements for construction works. The guidelines incorporate WHO
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 5-21
Zamconsult Consulting Engineers November 2019

air quality guidelines on the major air pollutants expected from the Contractor’s
machinery and equipment.
ii. Wastewater and Ambient Water Quality – These guidelines will be key particularly in
the Contractor’s camp and the impacts of wastewater generation and treatment before
release into the environment, in order to prevent pollution of the surrounding physical
environment. Due to the fact that the project area has no operational sewer system, the
Contractor will have to establish onsite treatment of waste water, proper channeling of
stormwater to prevent contamination of the physical and social environment. The
guidelines call for monitoring of wastewater from the site through testing and
inspections for which the Contractor will have to establish a plan for management and
monitoring.
iii. Waste Management – All construction works are expected to produce one or more
forms of waste. The construction of the road will be no exception. Construction wastes
and Domestic wastes are expected from the Contractor’s site as well as the camp. The
Contractor will have to prepare a waste management plan using these guidelines that
conform to the local legal framework provided in this chapter.
iv. Noise – Use of several equipment and plant is bound to generate some level of noise,
which are bound to have a negative impact on the surrounding environment and in
particular sensitive receptors. These impacts will be short-lived during the construction
phase of the project. The guidelines also provide the maximum noise levels, provided
in table 5.2, which the Contractor should strive to adhere to. The guidelines also call
for baseline and annual monitoring of noise generation within the Contractor’s site to
establish compliance to the guidelines and local regulation.
5.6.2 Occupational Health and Safety Guidelines

403. These guidelines are geared towards ensuring the safety of the staff on site and within
the Contractor’s camp. The guidelines with regards to occupational health and safety
include:
i. General Facility Design and Operation – These guidelines will guide the Contractor’s
workspace. Being that the project area is in the Northern Region of the Country,
characterized by high temperatures the Contractor will have to provide suitable potable
water supply for the staff, a clean eating area, suitable lavatories and showers, fire
precaution measures (extinguishers and safety drills) and first aid services.
ii. Communication and Training – This will provide for communication and training of
staff and visitors to the site, to govern behavior within the site. This is necessary to
ensure safety while operating within the site. The Contractor will need to employ a
health and safety officer fulltime on site who will be in charge of ensuring safety and
communication of safety within the site.
iii. Physical Hazards – These guidelines will govern the exposure of the staff to physical
dangers including excavation sites, bridge sites, noise, dust, welding, manual handling,
work environment temperatures. The guidelines provide fall protection when working
at height and work hour limits (8 hours maximum).
iv. Personal Protective Equipment (PPE) - Personal Protective Equipment (PPE) provides
additional protection to workers exposed to workplace hazards in conjunction with
other facility controls and safety systems. PPE is considered to be a last resort that is
above and beyond the other facility controls and provides the worker with an extra level
of personal protection. The Contractor will have to provide the relevant PPE for staff
on site for the different job descriptions. In addition visitors to site will have to be
provided with some minimal form of PPE during their visits.

v. Monitoring - Occupational health and safety monitoring programs should verify the
effectiveness of prevention and control strategies. The selected indicators should be
representative of the most significant occupational, health, and safety hazards, and the
implementation of prevention and control strategies. The Contractor will have to
employ a health and safety officer who will come up with an occupational health and
safety monitoring program for implementation by the Contractor. In addition the
Contractor will provide a clinic and log of accidents and incidences on site as a control
measure for ensuring health and safety.
5.6.3 Community Health and Safety Guidelines

404. These guidelines complement the environmental, social and occupational health and
safety guidelines. However, these guidelines specifically address the impact of the project
activities on the surrounding community. The guidelines involve the following aspects:
i. Structural Safety of Project Infrastructure – Construction works, works on
borrow/quarry sites may pose a risk to the surrounding communities. As such safety
measures have to be taken into account. The Contractor will have to provide physical
buffers such as cordons to prevent falls into the pits, road signage, establishment of
speed limits, water spraying to ensure the safety of the community.
ii. Traffic Safety – The project road will still be under use during construction. As such
the Contractor will have to provide a traffic management plan in order to ensure safety
of motorists and other road users. The traffic management plan will include alternative
diversion routes and a traffic controller to divert traffic and road signage.
iii. Emergency Preparedness and Response – These are designed to deal with events and
acts that are unplanned when a project operation loses control, or could lose control, of
a situation that may result in risks to human health, property, or the environment, either
within the facility or in the local community. Emergencies do not normally include safe
work practices for frequent upsets or events that are covered by occupational health and
safety. The Contractor will prepare a emergency preparedness and response plan,
including training of staff, drills to gauge responses to preparedness, and
communication with the local community in case of rinse.
5.6.4 Construction and Decommissioning Guidelines

405. These guidelines will govern the project components that will require decommissioning
including the material sites and camp. The Contractor will have to prepare a
decommissioning plan for all these features taking into account the previous EHS
guidelines mentioned above.
5.7 GAPS BETWEEN KENYAN LEGISLATION AND WORLD BANK SAFEGUARDS WITH

RECOMMENDATIONS FOR BRIDGING THE GAPS

406. The table below summarises a comparison between Kenyan legislation and the World
Bank Safeguards with recommendations of bridging the gaps between the two policies.

Table 5-3: Summary of Gaps between Kenyan legislation and World Bank Safeguards giving recommendations on how to bridge the Gaps

World Bank OP 4.01 EMCA Comparison Recommendation

O.P 4.01 requires screening of EMCA requires screening of Both the Kenyan and World Bank Preparation of the ESIA to meet
sub project investments in project investments in order to safeguards require screening to both NEMA and World Bank
order to determine if further determine if further environmental establish the level of ESIA Standards.
environmental and social and social assessments (ESIAs) prepared.
assessments (ESIAs) are are needed The ESIA will be prepared with
needed An ESIA of a project will be mitigation measures for any
Following screening and prepared in accordance to EMCA negative environmental and social
determination of the category guidelines and the report impacts.
of ESIA required, an ESIA will submitted to NEMA for licensing.
be prepared before project EMCA is also equipped with
design and implementation regulations on air, noise, water, The various limits set out in the Use of Kenyan regulations in
(which also includes an waste management, emissions and regulations are close to World accordance to EMCA.
assessment of social impacts). wetlands management. Bank and IFC policies with
minimal differences in the actual
Also gives guidelines on air, figures.
noise, water, waste
management, emissions and
wetlands management.
World Bank OP 4.04 EMCA Comparison Recommendation
The ESIA prepared should take The EMCA (Conservation of Both require an ESIA to establish Preparation of the ESIA to meet
into account natural resources Biological Diversity and the potential impact of a both NEMA and World Bank
taking into account the Resources, Access to Genetic development on biodiversity and Standards.
principle approach to natural Resources and Benefit Sharing) ensuring environmental
resource management to ensure Regulations, 2006 provides that no sustainability.
environmental sustainability. person shall engage in any activity
that may have an adverse impact
on any ecosystem; may lead to the
introduction of any exotic species

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or to unsustainable use of natural

resources.
The Wildlife management and
conservation act also ensures the
consideration of wildlife and their
conservation in project
implementation.
World Bank OP 4.10 Kenyan legislation Comparison Recommendation
Inclusion of persons considered Article 56 of the constitution Both the Kenyan and World Bank Preparation of an ESIA in
indigenous, who without highlights the rights of Safeguards requires the inclusion accordance to Kenyan and World
proper consultation may suffer marginalized communities, in the of communities that are Bank Standards in addition a
as a result of the project leadingdecision-making process with marginalized and inclusion of the separate social assessment in
to further marginalization. regards to development and their vulnerable in project planning, accordance to the World Bank
Similarly, the bank has a input implementation and operation Safeguards.
phases of the project. In order to
directive on vulnerable groups, The National Gender and Equality
ensure these communities, reap
who may be left out of the Act Children Act and Persons with
the benefits of the project without
benefits of the project or suffer Disabilities Act promote the
suffering disproportionately in
more as a result of the negative inclusion of these persons, who in
comparison to the rest of the
impacts of the project. society are often looked over, in
communities.
These safeguards are in place to the implementation of projects.
However, the if the World Bank
ensure the vulnerable and often
OP 4.10 is triggered, the
marginalized are adequately
proponent will be required to
consulted and their issues
conduct a social assessment in
addressed in the ESIA.
order to have an in depth analysis
of the impact of the project on
marginalized and vulnerable
groups, in a bid to mitigate the
negative impacts. Kenyan
legislation only requires an ESIA.

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World Bank OP 4.11 Kenyan Legislation Comparison Recommendation

This policy guides in The National Museums and The World Bank policy offers Use of the World Bank policy in
preserving physical cultural Heritage Act identifies the need more detail on the physical and handling any physical and cultural
resources and helps reduce for the protection, conservation cultural resources other than site, while making use of the
chances of their destruction or and transmission of the cultural archaeological finds identified in Kenyan institutional framework.
damage. and natural heritage of Kenya the Kenyan Policy.
World Bank OP 4.12 Kenyan Legislation Comparison Recommendation
Involuntary resettlement Involuntary resettlement may The Kenyan Policy does not Resettlement issues considered at
should be avoided wherever occur as a result of projects stipulate that resettlement should the design stage of the project in
possible, or minimized, implemented in public interest. be avoided wherever possible; on order to avoid/ minimize
exploring all alternatives. the contrary, as long as a project is resettlement.
for public interest, involuntary
resettlement is considered to be
inevitable.
World Bank policy on access EMCA Comparison Recommendation
to information
Displaced persons should be EMCA requirements for project Both Policies are similar Consultation of stakeholders in the
meaningfully consulted and proponent to seeks the views of ESIA in accordance to both Kenyan
should have opportunities to persons/communities that may be legislation and World Bank
participate in planning and affected by the project to be Safeguards.
implementing resettlement consulted, at least explain project
programs potential impacts and obtain
oral/written comments
World Bank and EHS Kenyan Legislation Comparison Recommendation
In addition to the operational The Occupational Health and Both provide guidelines the which Incorporation of the World Bank
policies, the World Bank has Safety Act is the main act ensuring should be adhered to, during all Guidelines while ensuring
guidelines to ensure, the health and safety of the phases of the project, with the conformance to the Kenyan
environmental, occupational Kenyan legislation providing an
and community health, and institutional framework for the

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decommissioning guidelines. Contractor’s employees and the implementation of the Act. The Legislation and institutional
These guidelines will provide surrounding community World Bank guidelines provides framework.
the Contractor with best best international practices for
working procedures. construction works.

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5.8 INTERNATIONAL CONVENTIONS, TREATIES AND GUIDELINES

407. During the preparation of this report, the Consultant also incorporated the following
conventions, treaties and guidelines:
i. . United Nations Convention on Biological Diversity
ii. African Convention on the Conservation of Nature and Natural Resources
iii. United Nations Convention to Combat Desertification
iv. Rio Declaration on Environment and Development
v. Earth Summit on Sustainable Development Agenda 21
vi. Convention on the Rights of the Child
vii. Convention on the Elimination of all forms of Discrimination against Women
viii. International Convention on Labour
5.9 INSTITUTIONAL FRAMEWORK

408. This section deals with the institutions involved in environmental and social
management as well as their roles.
5.9.1 National Environment Management Authority

409. NEMA was founded and mandated under EMCA to exercise general supervision and
coordination over all matters relating to the environment and to be the principal instrument
of the government in the implementation of all policies relating to the environment.
410. This ESIA Project Report will be submitted to NEMA for review and further issuance
of license to undertake the proposed project. The annual environmental and social audits
shall also be submitted to NEMA.
411. Any complaints by the public on environmental pollution, and social impacts is lodged
with NEMA for follow up and intervention.
5.9.2 Kenya National Highways Authority (KeNHA)

412. The Kenya National Highways Authority (KeNHA) is a State Corporation established
under the Kenya Roads Act, 2007 with the responsibility for management, development,
rehabilitation and maintenance of national roads of class A, B and C. The proposed road
will be managed by KeNHA since it’s classified as Class A and B road.
413. The overall implementation and monitoring of the ESIA/ESMP is the responsibility of
KeNHA. The Deputy Director (DD), Environment and Social Safeguards in Kenya
National Highways Authority has been designated, with the responsibility to oversee and
coordinate various aspects related to environment, social, health and safety management in
the project. The unit has the experience of implementing similar projects financed by the
Bank that include the Kenya Transport Sector Support Project (P124109, KTSSP) and the
East Africa Regional Transport, Trade and Development Facilitation Project (P148835,
EARTTDFP).
414. KeNHA will also assign a dedicated Environment and Social Safeguards staff for the
project. The safeguards team will undertake environmental and social monitoring of the
ESMP in conjunction with the relevant government departments that have been given that
responsibility under the Kenyan laws. In addition to the existing safeguards human
resources at the unit, KeNHA has engaged two (social and environment) consultants on a
full-time basis to complement and provide dedicated support to the project.

415. KeNHA safeguards team will take the lead to induct and train the Contractors and the
Supervision Consultant teams on the safeguards and national environmental and social
framework requirements before commencing the construction works. Also, KeNHA and
the World Bank will review and approve the Contractor’s ESMPs and other plans before
commencing works. Contractor are obligated to acquire the project ancillary facilities,
KeNHA will undertake the due diligence on the facilities and ensure the relevant
environmental and social assessments are carried out and approvals obtained before
commencing the works/or installations.
416. KeNHA will carry out regular monthly review and meetings with both the Contractors
and Supervision Consultants to monitor compliance to the ESMP, RAP , management of
grievances and GBV issues on the project and safeguards performance for the project.

5.9.3 The County and Sub-County Committees

417. The County and Sub-County Committees contribute to decentralization of activities

undertaken by NEMA. This has enabled local communities to have greater access to
environmental and social management information. It has also enabled the County and Sub-
County Environment Committees to conduct quick site visits and review of reports of
proposed projects. Since the proposed project traverses through several Counties, the
review of the report will be done at a National level for issuance of EIA license. However,
it is also recommended that the EIA report should also be reviewed in each of the counties
to create awareness and obtain ownership at county level. In fact, it is a practice and legal
requirement that the review at County level be done before the ESIA Report is approved to
NEMA.
5.9.4 Directorate of Occupational Safety and Health Services (DOSHS)

418. The Directorate of Occupational Safety and Health Services (DOSHS) is one of
departments within the Ministry of Labour and East African Community Affairs, whose
primary objective is to ensure safety, health and welfare of all workers in all workplaces.
Unsafe and unhealthy work environment causes accidents, diseases, disasters and
environmental pollution that occasion huge economic and social burdens to individuals and
enterprises thereby stifling economic and social growth. DOSHS will provide OSH permits
for workplaces of the project including campsites and quarries.
5.9.5 Kenya Wildlife Service (KWS)

419. KWS is a state corporation that was established with the mandate to conserve and
manage wildlife in Kenya, and to enforce related laws and regulations. It undertakes
conservation and management of wildlife resources across all protected and unprotected
areas systems in collaboration with stakeholders. KWS will guide and monitor road
construction through animal migratory routes.
5.9.6 Water Resources Authority (WRA)

420. Water Resources Authority (WRA) is a state corporation established under Section 11
of the Water Act, 2016. Pursuant to Section 6 of the Act, the Authority is an Agent of the
National Government responsible for regulating the management and use of water
resources. The Water Act, 2016 makes extensive provisions on the Authority’s role in
regulating the use and management of water resources. WRA was operationalized on 21st

of April, 2017 vide Gazette Notice No. 59. However, the Authority has been in existence
for 12 years following its establishment under the Water Act, 2002 as Water Resources
Management Authority (WRMA). WRA will provide the necessary borehole and water
extraction permits from local streams.
5.9.7 The National Museums of Kenya

421. Is a state corporation established by an Act of Parliament, the National Museums and
Heritage Act, 2006 no. 6 of 2006. it is a multi-disciplinary institution whose role is to
collect, preserve, study, document and present Kenya’s past and present cultural and natural
heritage. This is for the purposes of enhancing knowledge, appreciation, respect and
sustainable utilization of these resources for the benefit of Kenya and the world, for now
and posterity. The National Museums of Kenya will provide guidelines in case any
discoveries or existing cultural and natural heritage resources within the project area.
5.9.8 National Land Commission (NLC)

422. NLC manages public land on behalf of the national and county governments, initiates
investigations into present or historical land injustices and recommend appropriate redress
and monitor and have oversight responsibilities over land use planning throughout the
country. It will undertake a key role in delivering land acquired through compulsory
acquisition for the project.
5.9.9 Department of Community Development

423. The department will work with poor, marginalized, vulnerable and disadvantaged
communities as its primary target group will ensure that this group is supported and is not
left out of the project implementation. This department will ensure the vulnerable members
are not marginalized on behalf of the GOK. Representatives of the department will receive
and assist in the resolution of all matters regarding vulnerable members of society.
5.9.10 National Gender and Equality Commission

424. The National Gender Equality Commission is a constitutional Commission established

by an Act of Parliament in August 2011 with the objectives of promoting gender equality
and freedom from discrimination. This commission will be charged with ensuring gender
equality and equity throughout the implementation of the project. Representatives will
monitor and evaluate gender quality and equity with regards to job provision and
harassment cases on site to ensure compliance with the law.
5.9.11 The Supervision ( Engineering) Consultant

425. KeNHA will be represented on site by a Supervision Consultant. The Project

Supervision Consultant will assist KeNHA to provide a full-time presence on site to
manage the contracts. The Project Supervision Consultant will comprise of among others
the Resident Engineer who will have a qualified full-time Environmental Expert,
Sociologist and inputs from a RAP Expert to guide on matters of land acquisition
426. The Environmentalist and Sociologist will be in charge of ensuring the Contractor
implements the measures provided in the ESMP, as well as identifying new impacts and
mitigation measures during the construction implementation.

427. The Consultant’s team will be in charge of conducting additional designs of features
that were not included in the design review.
5.9.12 The Contractor

428. The Contractor will be the implementer of the road works in accordance to the prepared
design. In addition during the Construction phase of the project, the Contractor will be the
main implementer of the ESMP. He/She will ensure environmental and social sustainability
of the project. The Contractor will prepare the Contractor ESMP and have it approved by
KeNHA before commencing the works.
429. The Contractor will have an environmental officer, health and safety advisor and social
officer to support in managing potential environmental, social, health and safety risks and
impacts.

5.9.13 Development partners

430. The Government of the Republic of Kenya (GoK) has applied for credit from the World
Bank towards the cost of the North-Eastern Transport Improvement Project (“NETIP”).
The World Bank has existing safeguard policies on social and environmental sustainability
that calls for positive development outcomes in the public and private sector. To achieve
this, the World Bank has set up operational policies on environmental and social
sustainability as well as general and industry specific environmental, health and safety
guidelines against which projects are reviewed. As such, this project will comply with the
Word Bank safeguard policies on environmental and social sustainability to the letter.

6 PUBLIC CONSULTATIONS

6.1 LEGAL REQUIREMENTS

6.1.1 Government Policy & World Bank requirements on Public Consultation

431. The overall objective of the Government is to involve communities in policy

formulation and implementation at the local level. More specifically, the Community
Action Planning Programme objective is to put in place a durable system of intra-
community co-operation through collective action, which creates communal discussion
forums for the implementation of development activities.
432. Within Kenya, EMCA requires a project proponent to seek the views of
persons/communities that may be affected by the project to be consulted, at least explain
project potential impacts and obtain oral/written comments, which will be included in the
ESIA for implementation by the proponent.
433. Similarly the World Bank through OP 4.01 requires adequate consultation on
environment and social aspects with affected groups and local NGOs, and demonstrate to
the extent to which the views of such groups are considered in the ESIA.
6.2 STAKEHOLDERS IDENTIFICATION AND MAPPING

434. The consultants identified and mapped stakeholders in the project area. These included
i. Community members at the trading centers of Isiolo Junction, Gambella, Ndumuru,
Kachuru, Kulamawe, Boji and Modogashe.
ii. County officials including County Commissioners, Deputy County Commissioners,
Chiefs
iii. KeNHA representatives in Isiolo and other government departments in the counties
iv. Persons affected by physical and economic displacement
v. Women, youth and people living with disability along the project road
STAKEHOLDER CONSULTATION

6.2.1 Review of the Initial Stakeholder Consultation

435. The Initial ESIA reports conducted public consultation in the form of:
i. Household socio-economic survey
ii. Meetings with the Client both at the Headquarters
iii. Consultation with county governments
iv. Key stakeholder interviews with County Officials
v. Key stakeholder Meeting (Isiolo and Meru)
vi. Public Meetings
vii. Focus Group Discussions
436. The consultation process identified that the project road would indeed have positive
impacts in the area including improved infrastructure, reduced travel times, increased
security, socio-economic benefits. However, the various stakeholders pointed out the
negative impacts of the project including: Loss of Grazing land, Increased pressure on
existing water resources, Displacement of the communities, Cultural erosion due to labour
influx, Increased accident occurrence
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437. These concerns have been included in this ESIA baselines, impacts and mitigation
measures.
438. The meetings conducted are summarized in the table below:
Table 6-1: Summary of Initial Public Consultation Meetings

No. Location No. of Participants Date

Male Female Total
1. Isiolo 111 30 141 15/11/2017
2. Gambella 106 27 133 14/11/2017
3. Ndumuru 64 46 110 14/11/2017
4. Kachuru 118 26 144 13/11/2017
5. Kulamawe 90 2 92 13/11/2017
6. Kulamawe 22 3 25 22/11/2017
7. Boji 19 11 30 22/11/2017
8. Janju 24 2 26 22/11/2017
9. Modogashe 25 6 31 21/11/2017

6.2.2 Review Consultant’s Stakeholder Consultation

439. Similarly, the review consultant conducted public consultation meetings along the
project road in order to verify the views of the local community and obtain their input to
the sustainable implementation of the project.
440. The Consultant conducted public consultation meetings in the project area following
written and verbal communication with the local administration. The table below
summarises the public consultation meetings held.
Table 6-2: Summary of the Consultation meetings

No. Meeting Location Date No. of Participants

Male Female Total

1. Public Consultation Isiolo town 21/02/2019 35 11 46

Meeting at Isiolo Junction
2. Public Consultation Gambella 22/02/2019 35 21 56
Meeting at Gambella
Town
3. Public Consultation Ndumuru 25/02/2019 20 22 42
Meeting at Ndumuru
4. Public Consultation Kachuru 27/02/2019 36 17 53
Meeting at Kachuru

No. Meeting Location Date No. of Participants

Male Female Total

5. Public Consultation Kulamawe 28/02/2019 53 5 (the 58

Meeting at Kulamawe women
refused
to sign
the
attenda
nce and
were
talked
to
separat
ely)
6. Public Consultation Boji 1/03/2019 19 5 24
Meeting at Boji
7. Public Consultation Modogashe 7/03/2019 18 8 26
Meeting at Modogashe

441. The participants were made up of village elders, youth representatives, religious
leaders, teachers, KeNHA representatives and the local administration. In majority of the
meetings both women and men attended and their different issues were included in the
meeting minutes. However, in some centres including Kulamawe, women attended the
meetings but sat at a distance, for such meetings, the Consultant team split with one member
having an informal meeting with these women and their general issues were included in the
report.
442. More meetings were scheduled for Janju and Eldera Centres, however following a
security meeting in Garbatulla, the Consultant was informed that there had been inter tribe
fighting in those two towns between the Somali and Borana Tribes, with several deaths.
The Consultant was further informed that there were on-going peacemaking activities in
the area which was still highly volatile and any meetings could affect the newly restored
balance.
443. Minutes of the meetings are provided in appendix 11.1 of this report.

6.2.3 Findings of the meetings

444. The meetings included a presentation by the Consultant on the proposed design,
proposed works, the various environmental and social impacts that may arise from the
project including resettlement at along the road corridor. The consultant however pointed
out that the Designers had tried their very best to minimize resettlement and that the
proposed works would be located within road reserves.

445. Being a public consultation meeting, feedback from the stakeholders was obtained with
majority of the stakeholders approving of the project considering their concerns were
addressed. The table below provides a summary of the issues raised during the meetings

Table 6-3: Summary of the Issues Raised

No. Issue Resolution

1 An alternative loop road at Isiolo Junction The Consultant considered this option
through Kambi Garba had been discussed in in this ESIA as a more feasible option
the previous year between KeNHA and pending a confirmatory RAP.
stakeholders for implementation which
would have less PAPs in comparison to the
current road alignment, whose surface could
just be improved, and the alignment be
shifted to Kambi Garba
2 Loss of community grazing land, would there Compensation or in-kind
be compensation to the community? compensation options would be
included in the RAP as a mitigation
measure to the loss of natural
vegetation in community land
3 Job Opportunities for locals and Sourcing of Jobs during construction would be
Material sites locally provided to the locals unless the
required skill is unavailable.
4 Compensation for affected land even though Local Administration would be part of
PAP does not have land ownership the verification process if adjudication
documents since the area is undergoing is on-going.
adjudication.
5 Provision of Corporate Social Responsibility This was noted and would be included
in the project. in the standalone component for social
amenities.
6 Increased risk posed to domestic animals This was noted and would be included
grazing and crossing the project road. in the ESIA
7 Current drainage issues, especially in Boji This was noted and included in the
ESIA
8. Road Safety particularly increased potential The design had made provisions for
of road accidents road safety including bumps, signs,
sensitization and bus stages to reduce
this occurrence.
9. Jobs and employment for locals and equal This recommendation was noted and
opportunities for women and vulnerable would be included in the ESIA report
members
10. Dust and Air Pollution, especially near Measures would be included in the
institutions ESIA report to mitigate these impacts

11. Pressure on existing water resources Contractor will source for new water
sources, and after use could give them
back to the community.
12. Impacts on wildlife migratory routes These recommendations would be
included in the ESIA to provide
wildlife crossing points, in addition
during construction discussions with
the community for livestock crossing
routes
13. Impact on cultural sites including mosques Before displacement of churches and
and churches mosques, A RAP had been prepared
with recommendations for
displacement of these sites. With
regards to sites that are unknown,
chance find procedures would be
provided in the ESIA and RAP reports
14. The locals wanted to know the process on The Contractor would have to conduct
acquiring land for borrow pits and quarry a stand alone ESIA for each new
sites borrow pit/quarry site inclusive of
compensation and consultation with
the land owner(s)

6.3 DISCLOSURE OF THE ESIA

446. Disclosure involves making the ESIA available to the public, and any interested
persons. Disclosure of the ESIA report will be done in country at the KeNHA website and
in the World Bank external website which can be accessed by interested parties.
447. Since the project area is in a rural area, where majority of the residents have limited
access to the Internet, printed reports will be given to the local administration for use by
the local community.
6.4 CONSULTATION DURING THE PROJECT DURATION

448. The Consultant also proposes that continuous consultation be carried out throughout
the construction phase of the project using focus group discussions to ensure interested
stakeholders are aware of construction procedures and provide a forum for feedback and
recommendations for implementation in the construction, the consultation will occur
during the environmental and social supervision, monitoring, and evaluation which will be
carried out every four months. In addition there is a grievance redress procedure which is
provided in chapter 8.5 of this report.

7 ENVIRONMENTAL AND SOCIALIMPACTS OF THE PROPOSED PROJECT

449. This chapter presents the general environmental and social impacts which may result
from the proposed project. The emphasis will be initially on the specific impacts that are
likely to result from the nature of works including excavation, filling, concrete works and
paving works.
450. In general, successful implementation of the project will have high environmental and
socio-economic benefits to the people and will contribute to the improvement in the
development and the economy of the project area and the Northern Part of the Country in
general. Overall, expected negative impacts are related to the earthworks, use of
borrow/quarry sites, concrete and paving works, influx of workers, increased construction
traffic, occupational and community health and safety, risks associated with HIV/AIDS,
impacts on women and children, security, increased pressure on resources leading to
conflicts and gender based violence . With the exception of the displacement of people,
these impacts are can be mitigated through appropriate mitigation measures. The severity
and duration of these impacts can be minimized by ensuring that the excavation and
construction works are limited to only the road corridor. Table 7-1: Characterization of
Impacts presents a characterization of expected impacts.

Table 7-1: Characterization of Impacts

Characterization of Impacts
Nature Effect Time Range Reversibility
Aspect Predicted Impact
Mediu Long
Short Irreversibl
Positive Negative Direct Indirect m Ter Reversible
Term e
Term m
Increased traffic along the
Traffic
project routes X X X X X X
Increased local pollutant
emissions and trace
constituents such as VOCs
Ambient Increased GHG emissions
Air such as CH4 and CO2 X X X X X
Quality Increased levels of dust and
particle emissions from
construction vehicles and
equipment X X X X
Contamination of the
ground from oil spills
soil/water during construction X X X X X
pollution
Surface water pollution
from construction wastes
X X X X X
Increase of noise and
Noise and vibration levels due to
vibrations construction activities and
traffic X X X X

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HIV/AIDS and increased

disease risks. X X X X X X X
Improvement of local and
regional socio-economy
due to improved transport
Socio- network. X X X
economics Employment and job
creation during
construction and operation
phases X X X X X
solid and generation of both solid
liquid and liquid waste at the
waste construction camps X X X X X X
Impacts on Loss of flora and fauna
Flora and within the project site
Fauna X X X X

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Characterization of Impacts
Nature Effect Time Range Reversibility
Aspect Predicted Impact
Mediu Long
Short Irreversibl
Positive Negative Direct Indirect m Ter Reversible
Term e
Term m
Interference with wildlife
due to increased traffic on
the project road during and
after construction X X X X
Demolition of domiciles
Loss of livelihood
Demolition of structures
Resettlem Loss of trees and lawns
ent Potential loss of cultural
sites X X X X
Loss of animal grazing
land within the road
reserve X X X X
Increased harassment of
females within and around
the site X X X X
Gender
Provision of Jobs and
hence gender
empowerment X X X X

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Characterization of Impacts
Nature Effect Time Range Reversibility
Aspect Predicted Impact
Mediu Long
Short Irreversibl
Positive Negative Direct Indirect m Ter Reversible
Term e
Term m
Insecurity around the
project sites due to
expensive plant and
material X X X X
Crime
Managem Improved security due to
ent and increased activity during
Security construction and operation
risk of the road. X X X X
Contractor equipment and
staff may be a lure for
increased insecurity X X X X
Potential for exploitation of
Impacts on child labour X X X X
children Sexual exploitation and
abuse for children X X X X
Risk of social conflict as a
Labour
result of increase in influx
influx
population X X X X
Intercommunity and
Increased
Intracommunity conflicts
Conflicts
due to limited resources X X X X

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7.1 IMPACT CATEGORIES

451. First the likely significance of the potential issues of concerns has been determined and
ranked according to the following:
 Potential environmental and social impacts which are deemed to be highly significant
and need thorough investigation in the ESIA
 Potential environmental and social impacts that are deemed to be moderately
significant, and will require reasonable investigation in the ESIA
 Potential environmental and social impacts that are deemed unlikely to be significant,
and will need to be listed, and addressed in some way, but which will not require
detailed assessment in the ESIA.
452. Secondly, the following characteristics have been defined for each impact:
453. Nature:
 Positive: applies to impacts that have a beneficial economic, environmental or social
result, such as additional economic activity or enhancement of the existing
environmental and social conditions.
 Negative: applies to impacts that have a harmful or economical aspect associated with
them such as economical cost, loss or degradation of environmental resources.
454. Effect:
 Direct: applies to impacts which can be clearly and directly attributed to a particular
impacting activity.
 Indirect: applies to impacts which may be associated with or subsequent to a particular
impacting activity, but which cannot be directly attributed to it.
455. Time Range:
 Short Term: applies to impacts whose effects on the environment will disappear within
a 1 year period, or within the construction phase.
 Medium Term: applies to impacts whose effects on the environment will disappear
within a 5 year period following the construction phase.
 Long Term: applies to impacts whose effects on the environment will disappear in a
period greater than 5 years following the construction phase.
456. Reversibility:
 Reversible: applies to impacts whose significance will be reduced and disappear over
time (either naturally or artificially), once the impacting activity ceases.
 Irreversible: applies to impacts whose significance will not be reduced nor disappear
over time (either naturally or artificially), once the impacting activity ceases.
7.2 IMPACTS EMANATING FROM THE PROPOSED PROJECT

457. The impacts are identified at four stages: -

 pre- construction/Planning Phase Impacts
 during construction
 post-construction (operation phase) and
 Decommissioning

7.2.1 Planning Phase Impacts

458. These are commonly associated resettlement of people along the road alignment.
Majority of the project road is located within community land whose owners may lose
grazing land. Other assets that may be affected and will have to be compensated include:
i. Domiciles along the road corridor
ii. Structures along the way leave
iii. Planted vegetation within the proposed alignment
iv. Fences within the proposed alignment and
v. Livelihoods
459. A resettlement action plan has been prepared to identify and quantify the expected
resettlement along the road corridor.
Mitigation measures
 Implementation of the RAP
 Incorporation of the Kambi Garba loop road alternative for the project road
alignment which will resettle fewer people at the Isiolo Junction.
 The affected persons to be compensated for their losses and provided with
alternative resettlement sites
 KeNHA to agree with the local community on the form of compensation for
losses in community grazing land.
 The mitigation measures for social impacts are to ensure that the affected
persons’ living standards are improved or at least restored to previous levels
before the construction after implementation of the project.

7.2.2 Construction Phase Impacts

460. Most of the potential environmental and social impacts associated with the construction
phase may be negative and temporary and can be mitigated with the use of international
and local environmental and social management procedures. The potential social impacts
or nuisance will be those typically associated with construction activities involving
vehicles, equipment, and workers. The predicted impacts include the following:
1) Increased Traffic along the Project Alignment and Project Routes
461. The project area may see an increase in traffic congestion from site related traffic from
Contractor vehicles, along the road alignment, borrow pit, quarry site and construction
offices. The project site is located in a remote area with limited vehicular traffic and high
domestic animal traffic, as such there is bound to be increased traffic and interaction and
potential accidents between the Contractor’s vehicles and local communities.

Mitigation measures
 The Contractor will prepare a traffic management plan to provide safety
measures for motorists, contractor workers including diversion routes, road
signs and barriers.
 Provide traffic controllers/marshals at junctions, active construction sites to
man and control the traffic.
 The Contractor will provide temporary legible and reflective road signs or
notices to indicate ongoing works;
 The Contractor will effect traffic controls to avoid congestion and accidents
on the road;
 The Resident Engineer and Contractor should choose traffic routes to reduce
the impact in the neighborhood avoiding, as far as practical any sensitive
areas;
 For the site traffic the Contractor has to ensure that they
Only park in designated parking areas;
Don't block pedestrian routes;
Don't block traffic routes;
Obey the speed limit
The resident Engineer has to ensure that the Contractor:
i) Introduces segregated pedestrian walkways;
ii) Introduce and enforce speed limits particularly in the residential
areas;
iii) Reduces the need for reversing vehicles, by introducing a one way
system;
iv) Uses a qualified BANKSMAN to control deliveries and reversing
vehicles;
v) Designates loading/unloading areas.
 Provision of a road safety analysis and campaign, including discussing with
the local community on provision of road suitable crossing facilities for
domestic animals, children, etc.

2) Site Related Oil Spills

462. During construction, oil spills may result from construction site equipment and storage,
which may affect the flora, fauna, soils, and waterways in the area.
Mitigation Measures
 The Contractor will ensure that the employees on site are aware of the
company procedures for dealing with spills and leaks from oil storage tanks
e.g. using dispersants or adding biological agents to speed up the oil
breakdown for the construction machinery though induction and safety
training (the contractor will propose a method of cleanup which will be
subject to approval);

 In case of spillage the Contractor will isolate the source of oil spill and contain
the spillage to the source of leakage before it makes it leaves the affected area,
using sandbags, sawdust, absorbent material and/or other materials approved
by the Resident Engineer;
 The Resident Engineer and the Contractor will ensure that there is always a
supply of absorbent material such as saw dust on site during construction,
readily available to absorb/breakdown spill from machinery or oil storage,
this can be incinerated after use;
 All vehicles and equipment will be kept in good working order, serviced
regularly in accordance to the manufacturers specifications and stored in an
area approved by the Resident Engineer;
 Contractor provide for oil/grease interceptors in motor vehicle garages
 Ensure the fuel dispensing areas are paved
 The Contractor will assemble and clearly list the relevant emergency
telephone contact numbers for staff, and brief staff on the required
procedures.

3) Soil Degradation
463. All construction activities have some form of impact on the soil. In the case of a road,
the road surface is primarily an embankment, which will be compacted to for the formation
of the different road layers. The compaction of the embankment will reduce the infiltration
rate of the soil in these areas. In addition, the roadside slopes can lead to erosion and
increased sedimentation in the existing watercourses.
464. Removal of vegetative cover exposes the soil to erosion. In addition works on the
various borrow/quarry sites, may lead to an increased risk of erodibility if the sites are not
decommissioned, due to the steep slopes and deep pits left behind.
Mitigation Measures
 Provision of adequate drainage facilities to allow water to flow from one side
of the road to the other and at all steep slopes to prevent localized erosion
 In cases where it is identified that during construction there is a danger of
increased run-off or at the project site, temporary drainage channels along the
road
 After completion of the construction works, restoration of the ground by
allowing for revegetation and sowing adequate grass cover and planting of
trees.
 Planning emergency response measures in case of accidental oil spills.
 The Contractor will prepare and provide a borrow pit/quarry site
rehabilitation plan in order to ensure a means of backfilling these sites to
reduce their erodibility. In addition, each new borrow pit should undergo an
ESIA for each site to analyse the specific impact on these sites.

4) Proliferation of Invasive Species

465. The entire road construction will involve moving materials from one location to another
and using it in environments that are not native to the material. These relocations may lead
to the proliferation of invasive species in these areas. For example, if an exhausted borrow
pit/quarry site is backfilled with spoil from a different location with a different set of plants
leading to the proliferation of these plants in an area where they may be harmful to the new
environment an example of such a plant is the Prosopis juliflora (Mathenge) plant.
466. The areas under threat of this impact include borrow/quarry sites, stockpiled areas and
road side slopes which have not been compacted.
Mitigation Measures
 The valuable top soil containing organic material, nutrients as well as seeds
and the soil fauna will be excavated separately and piled in an adequate
manner for re-use in the original area of use.
 Making use of cut and fill road material within similar homogeneous areas
 Minimal stockpiling periods in order to prevent new species from growing in
the stockpiled material.
 Proper storage of stockpiled material in areas free of vegetation and covering
to prevent spreading to other areas.
 Manual control by uprooting and burning plants such as the Prosopis Juliflora
(Mathenge) which are invasive sites to prevent proliferation.

5) Interference with existing Water Resources

467. The various construction activities may have a negative impact on the existing
hydrology via natural drainage patterns. Solid as well as liquid waste if not properly
disposed of, may make its way into ground water and water courses, thus affecting the
water resources in the area.
468. The project road is located within an area that experiences water scarcity, as such use
of existing facilities for construction water may increase pressure on water resources.
Mitigation Measures
 Prepare and implement a waste management plan
 Ensure proper solid and liquid wastes disposal mainly from the construction
camps, sites and offices.
 Ensure proper measures are in place for collection and disposal of spilled oils
and lubricants.
 The Contractor will source for new water sources for construction e.g.
Boreholes, pans and rain water harvesting, after construction these facilities
can be given back to the communities. All boreholes and water abstraction by
the project shall be cleared and approved by the WRA to minimize
competition or conflict with existing water rights/ resource uses
 The Contractor will prepare and implement a water sharing plan of any new
source with the surrounding community

6) Employment of Locals
469. During construction the project will have clear benefits with regard to local
employment opportunities. The project will additionally require various skills and services
which may not be available on the local level but certainly on the regional level, e.g. iron
workers, concrete workers, etc. for which appropriate personnel will be contracted.
470. The increase in employment will temporarily lead to an overall increase of income
directly and indirectly (through increased demand of other local services). Consequently,
food vendors will have new opportunities to sell their commodities to the construction
workers.
471. Measures to improve the positive impacts include:
 Ensure skilled and unskilled if available is sourced locally.
 Wherever possible ensure manual labour provide even more job opportunities for
locals.
 Skills transfer for some of the staff to promote learning.
 With consultation with local communities come up with suitable CSR measures for the
community.
Mitigation/Amelioration
 Unskilled construction and skilled (if available) labor to be hired from the
local population as far as possible to minimize on influx of foreigners into the
community.
 Use of manual labor where possible to ensure more employment of locals and
hence ensure project support throughout the construction process.
 The Contractor will prepare an employment plan to manage employment of
labour
 Sensitize workers and the surrounding community on awareness, prevention
and management of HIV / AIDS through staff training, awareness campaigns,
multimedia, and workshops or during community Barazas.
 Provide an onsite clinic to provide VCT services to construction crew and
provision of ARVs for vulnerable community members as well as provide
first aid services
 The Contractor will enforce and maintain a code of conduct for his employees

7) Air Quality
472. Construction activities of materials delivery, earthworks, concrete works and
construction traffic will generate a lot of noise and dust especially during the dry seasons.
473. Vehicular traffic to the proposed site is expected to increase especially during delivery
of raw materials. Vehicular traffic emissions will bring about air pollution by increasing
the fossil fuel emissions into the atmosphere. All the roads within the project area are either
to murram and earth standards which are bound to experience an increase in dust emissions
to the neighbouring areas.

474.
Mitigation:
 Use protective clothing like dust masks on construction crew.
 Daily monitoring of the air quality during the construction to establish any
negative changes in the infrastructure using portable equipments.
 Construction sites and transportation routes (those that are murram and earth
standards) will be water-sprayed on regularly up to three times a day,
especially if these sites are near sensitive receptors, such as residential areas
or institutions (hospitals, etc.).
 All the vehicles and construction machinery will be operated in compliance
with relevant vehicle emission standards and manufacturer’s specification to
minimize air pollution.

8) Noise Pollution
475. Noise and vibration generated during construction by heavy construction machinery,
such as excavators, bulldozers, rollers, concrete mixers, and transportation vehicles.
476. Generally, construction noise exceeding a noise level of 70 decibels (dB) has significant
impacts on surrounding sensitive receptors within 50m of the construction site. These
sensitive receptors include, schools and clinics in the area.
477. In addition, this noise and vibration may have a negative impact on the wildlife near
the project road.
Mitigation:
 Avoid night time construction when noise is loudest. Avoid night-time
construction using heavy machinery, from 22:00 to 6:00 near residential areas
or areas known to have wild animals.
 No discretionary use of noisy machinery within 50 m of residential areas and
near institutions, manual labour can be used at this point or notice on the
negative impact given to these institutions.
 Good maintenance and proper operation of construction machinery to
minimize noise generation.
 Where possible, ensure non mechanized construction to reduce the use of
machinery
 Contractor and Supervision Consultants’ teams to adopt the use of portable,
hand held devises to monitor air quality parameters on daily basis or ad hoc
 Annual noise monitoring.

9) Loss of Flora and Fauna

478. During the construction phase of the project, there will be clearance of vegetation along
the corridor to pave way for the proposed road. The loss of vegetation within the corridor
will also have a trickle effect on the faunal food chain within the project area. Fortunately,
the existing road corridor has little to no vegetation as such there will be minimal clearance
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 7-13
Zamconsult Consulting Engineers November 2019

of vegetation. Stockpiling of construction materials may lead to loss of naturally existing

vegetation.
479. In addition, the proposed road passes through several animal corridors which may be
affected by the road construction. Several studies including “When Good Conservation
becomes Good Economics: Kenya’s Vanishing Herds” have pointed out that road
construction may lead to reduced wildlife due to increased vehicle speeds and potential
accidents, human wildlife conflicts, change in land use among others.
480. Construction activities will lead to potential risk of exacerbating human wildlife
conflict due to construction staff, including possibility of increased poaching and hunting
of wildlife for game meat, biodiversity loss and disturbance (material sites), and wildlife
kills. In addition, increased machinery in the area may affect the fauna in the area.
481. Handling of project materials e.g. Cement and oil spills may have a negative impact on
the flora surrounding the road corridor.

Mitigation:
 Discuss with the local community and relevant authorities on methods of
revegetation or compensation for the lost vegetation.
 Avoid night time construction when noise is loudest. Avoid night-time
construction using heavy machinery, from 22:00 to 6:00 near areas known to
have wild animals.
 Project will install road signs and speed pumps on the known elephant
wildlife crossing points to regulate speed and warn motorist
 Ensure all the Contractor’s camps are sited away from the wildlife corridors
to prevent conflicts.
 Construct dual usage box culverts along the project road for the domestic and
wildlife animal crossings. The use of these box culverts for use by local
livestock owners with their livestock as well as some wildlife .
 Additionally, the study recommends that the a design engineers evaluate
various crossing design options for their environmental and social impacts
and discuss them with the Borrower, wildlife NGOs , KWS and the Bank
before finalizing the design.
 Collaborate with Kenya Wildlife Service to protect wildlife during
construction
 The Contractor code of conduct should include conditions on wildlife
conservation and measures to be errand workers
 Avian nesting sites found along the road should be relocated before trees are
cleared for the road construction
 Avoid fires and smoking of cigarettes in areas with indigenous vegetation as
the area is arid and a small spark can cause fire which shall affect vegetation
and wildlife
 Stockpiling of construction material in areas that are naturally void of
vegetation.

 Spare the vegetation that must not necessarily be removed such as trees.
 All trees uprooted to pave way for road upgrading, material excavation and
access routes/roads should be replanted with indigenous trees
 Project sites, camps and vehicles movement should be concentrated in sites
with minimal stand of vegetation
 Ensure protection of the flora and fauna by proper handling of construction
materials e.g. cement during civil works.
 The Contractor will ensure that the employees on site are aware of the
company procedures for dealing with spills and leaks from oil storage tanks
e.g. using dispersants or adding biological agents to speed up the oil
breakdown for the construction machinery though induction and safety
training (the contractor will propose a method of cleanup which will be
subject to approval);
 Provide a waste management plan
 Provision of dustbin and sanitation facilities within the Contractor’s camp to
prevent seepage into the natural environment.

10) Occupational Health and Safety

482. The project works will expose workers to occupational risks due to handling of heavy
machinery, construction noise, electromechanical works etc.
483. Construction activities of vegetation clearing, excavation, materials delivery and
concrete mixing and construction traffic will generate a lot of dust and this may affect the
respiratory system.
484. The high temperatures in the area will expose the workers to difficult working
conditions.
485. Construction sites may be a source of both liquid and solid wastes. If these wastes are
not well disposed these sites may become a breeding ground for disease causing pests such
as mosquitoes and rodents.
486. At the concrete and bitumen mixing plants, the exposure of human skin these materials
may lead to damage of the skin.

Mitigation:
 Provide and implement an occupational health and safety plan.
 Prescreening of staff in sensitive areas
 Provision of first aid facilities in all work sites and an ambulance to serve the
project.
 Ensure that all construction machines and equipment are in good working
conditions and to manufacturer’s specifications to prevent occupational
hazards.
 Provide workers with appropriate personal protective equipment (PPE).

 Provide workers with adequate potable water and breaks.

 Provide a fire marshal and a health and safety officer fulltime on site
 Provide workers training on safety procedures and emergency response such
as fire, oil and chemical spills, pipe bursts, asbestos interactions and other
serious water loss risks.
 Work to minimize or altogether eliminate mosquito breeding sites.
 Provide and implement a waste management plan
 Provision and implementation of an employee code of conduct
 Provide clean toilets for workers, these toilets will be to World Health
Organisation standards.

11) Community Health and Safety

487. Some aspects of the road construction activities will interfere with the normal way of
life of the local communities including crossing of domestic animals and increased risk of
accidents.
488. Construction activities of vegetation clearing, excavation, materials delivery and
concrete mixing and construction traffic will generate a lot of dust and this may affect the
respiratory system of the surrounding communities.
489. Construction sites may be a source of both liquid and solid wastes. If these wastes are
not well disposed these sites may become a breeding ground for disease causing pests such
as mosquitoes and rodents.
490. Borrow sites may pose risks to the safety of the surrounding communities who may
have accidental falls in these pits.
491. Additionally influx of migrant workers may lead to a series of social impacts which are
highlighted in sub chapters 12 to 19 below.

Mitigation:
 Implementation of the stakeholder engagement plan
 Provide and implement an community health and safety plan which will have
an aspect of community
 Roads passing through population centers will be water sprayed to reduce
dust.
 Work to minimize or altogether eliminate mosquito breeding sites.
 Provide a waste management plan
 Provide and implement a stakeholder engagement plan
 Provide a whistleblower policy to ensure wellbeing of whistleblowers
 Implement a grievance redress mechanism to ensure community concerns are
addressed.

 Fence off the sites with security to avoid unauthorized access to the borrow
site(s) and hence mitigate potential injuries.

12) Asphalt Batching Plant Impacts

492. The project will require setting up of several asphalt batching plants for use on the road.
These plants will store, process and dispose of bitumen and hardcore for the road paving.
These sites, if not properly sited and maintained will lead to other impacts including air,
noise and dust pollution as well as social impacts including occupational health and safety,
community health and safety.
493. NEMA requires a standalone ESIA and license for each proposed batching plant.
However, the following mitigation measures should be employed when establishing these
sites.
Mitigation
 Asphalt batching plants should be sited away from settlements preferably
downwind of these settlements.
 Inclusion of dust suppression in the batching process.
 Good maintenance and proper operation of machinery to minimize noise
generation.
 Inclusion of disposal of poor batches, bitumen barrels and other wastes in the
waste management plan, including using reuse and recycling. (some
communities may benefit from the paving with the poor batches, barrels can
be repurposed for road signage)

13) Labour Influx

494. The project construction is bound to attract labour from surrounding counties to meet
the needs of the project. In addition, business opportunities may present themselves
attracting businessmen and women from surrounding counties. The increase in labour, will
lead to pressure on existing resources including water, food, healthcare, accommodation.
This coupled with different ways of life of the locals may lead to intercommunity conflicts
within the project area.
Mitigation
 Unskilled construction and skilled (if available) labor to be hired from the
local population as far as possible to minimize on influx of foreigners into the
community.
 Use of manual labor where possible to ensure more employment of locals and
hence ensure project support throughout the construction process.
 Prepare a labour influx plan to manage labour influx
 Provide an onsite clinic to provide VCT services to construction crew and
provision of ARVs for vulnerable community members as well as provide
first aid services
 The Contractor will enforce and maintain a code of conduct for his employees

14) Increase in cases of HIV & AIDS

495. In migration of people from different regions may lead to behavioural influences which
may increase the spread of diseases such as HIV/AIDS.
Mitigation:
 Sensitize workers and the surrounding communities on awareness, prevention
and management of HIV/AIDS through staff training, awareness campaigns,
multimedia and workshops or during community Barazas. Provide
information, education and communication about safe uses of drinking water.
 Provide an on-site clinic to provide VCT services to construction crew and
provision of ARVs for vulnerable community members
 The Contractor will prepare and implement a HIV/AIDS management plan

15) Disruption of Service Delivery

496. The construction activities will cause disruption of services such as transportation and
electricity within the project area. Trucks with heavy loads of construction materials may
damage roads and footpaths during the construction process.
Mitigation:
 Provide a traffic management plan which will provide alternative routes,
traffic controllers, concrete barriers and speed limits for motorists.
 Provide appropriate signage to warn motorists and other road users of the
construction activities, diversion routes to ward off traffic accidents.
 The contractor should communicate any intended disruption of the services
to enable the people to prepare and provision of alternative facilities.
 In the event that delivery trucks damage parts of the road, repair the spots in
consultation with the local authorities.
 Prepare a stakeholder engagement plan

16) Crime Management and Security Risk

497. The project is located within a generally insecure part of the country, as such the
construction works can have both a positive and negative impact on the project.
498. The positive benefit includes increased activity will lead to increased security of the
Contractor and his staff leading to general improved security, however on the downside the
expensive construction machinery and materials may attract thieves and bandits to the area
or even the Contractor’s own employees to the area. Employee misconduct in the host
communities can also occur.
Mitigation:
 Fencing off the Contractor’s camp with plant and materials.
 Working with local committees to provide security within the site in addition
to the Contractor’s own security.

 Removing any employee who persists in any misconduct or lack of care,

carries out duties incompetently or negligently, fails to conform to any
provisions of the contract, or persists in any conduct which is prejudicial to
safety, health, or the protection of the environment.
 Taking all reasonable precautions to prevent unlawful, riotous or disorderly
conduct by or amongst the contractor's personnel, and to preserve peace and
protection of persons and property on and near the site.
 Prohibiting alcohol, drugs, arms, and ammunition on the worksite among
personnel.
 The contractor and Resident Engineer will register in a log all events of a
criminal nature that occur at the worksite or are associated with the civil
works activities.
 The contractor and Resident Engineer will report all activities of a criminal
nature on the worksite or by the contractor's employees (whether on or off the
worksite) to the police and undertake the necessary follow-up. Crime reports
will include nature of the offense, location, date, time, and all other pertinent
details.
 The Contractor will ensure that all of his staff sign a written code of conduct
to govern employee behavior on site

17) Increased Community Conflicts

499. The project area is home to several communities relying on limited resources including
water and pasture. The project activities are bound to increase the population within the
project area, leading to increased pressure on community resources including water,
pasture, food and healthcare. In addition removal of vegetation for construction of the road
and sourcing of construction materials will lead to increased scarcity on already limited
resources.
500. The increased pressure on the resources may lead to conflicts between communities,
within communities and between the communities and the Contractor.
Mitigation
 The Contractor will source for new water sources for construction eg.
Boreholes, pans and rain water harvesting, after construction these facilities
can be given back to the communities.
 Provision of CSR where possible to reduce some of the pressures on resources
 Ensure working grievance redress with the communities within the project
area to mitigate any grievances early before escalation to conflict.
 Preparation and conducting a stakeholder engagement plan to ensure
continuous communication and discussions of all stakeholders.
 Contractor to prepare and implement the Security Management Plan, induct
and train workers on security awareness

18) Impacts on Children

501. The Children Act of Kenya prohibits contractors from “employing children in a manner
that is economically exploitative, hazardous, and detrimental to the child’s education,
harmful to the child’s health or physical, mental, spiritual, moral, or social development. It
is also important to be vigilant towards potential sexual exploitation of children, especially
young girls. The contractor should establish child protection within a code of conduct
signed by all employees; that all staff of the contractor must sign, committing themselves
towards protecting children, which clearly defines what is and is not acceptable behaviour.
Mitigation:
 Ensure than each employee signs a code of conduct that covers child
protection. A sample is provided in appendix 11.4
 Ensure no children are employed on site in accordance with national labor
laws
 Ensure that any child sexual relations offenses among contractors' workers
are promptly reported to the police

19) Project Impacts on Women

502. Construction workers are predominantly younger males. Those who are away from
home on the construction job are typically separated from their family and act outside their
normal sphere of social control. This can lead to inappropriate and criminal behavior, such
as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual
relations with minors from the local community. A large influx of male labor may also lead
to an increase in exploitative sexual relationships and human trafficking whereby women
and girls are forced into sex work.
503. Additionally, an increase in the incomes within the area is bound to cause an increase
in alcohol intake leading to an increase in sexual exploitation by the young males.
504. There is need to promote gender equality in all aspects of economic development and
more so in construction. Women roles in construction are mainly confined to supply of
unskilled labour and vending of foodstuffs to the construction workers. Where available
skilled women will be employed. Additionally, there is a risk of women working and their
husbands taking the pay on their behalf as well as neglect of the traditional roles of women
including taking care of the home.
Mitigation:
 Provide and implement a gender-based violence strategy which will form one
of the Contractor’s clauses. The strategy should include:
 Gender mainstreaming in employment at the worksite with
opportunities provided for females to work, in consonance with local
laws and customs
 Gender sensitization of workers (this will be done by the HIV/AIDS
services provider; see above)
 Provision of gender disaggregated bathing, changing, sanitation
facilities
 Grievance redress mechanisms including non-retaliation.

 Provide and implement an employee code of conduct a sample is provided in

appendix 11.4
 The works contractor will be required, under its contract, to prepare and
enforce a No Sexual Harassment and Non-Discrimination Policy, in
accordance with national law where applicable.
 Ensure equitable distribution of employment opportunities between men and
women
 Ensure flexible work hours for women to ensure minimal interference with
their family roles.
 Involvement of women in the periodic dialogues/consultations with
contractors and host communities during construction.

20) Liability for loss of life, injury or damage to private property

505. Some of the Construction activities may lead to accidents that may be mild or fatal
depending on various factors. During the implementation of the proposed project, accidents
could be due to negligence on part of the workers, machine failure or breakdown or
accidental falls into the borrow pits. These incidents can be reduced through proper work
safety procedures.
506. In addition, during Construction, there may be damage to private property that may not
be foreseen by the RAP.
Mitigation:
 Provision of PPE.
 The workers will receive requisite training especially on the operation of the
machinery and equipment
 There will be adequate warning and directional signs.
 Ensuring that the prepared code of conduct for staff is followed to prevent
accidents.
 Develop a site safety action plan detailing safety equipment to be used,
emergency procedures, restriction on site, frequency and personnel
responsible for safety inspections and controls.
 Cordon off unsafe areas
 Provide an onsite clinic to provide first aid services to the staff.
 Recording of all injuries that occur on site in the incident register, corrective
actions for their prevention are instigated as appropriate.
 Contractor to ensure compliance with the Workmen's Compensation Act,
ordinance regulations and union agreements.
 The Contractor to repair any damage done to private property.
 Provision of a grievance redress mechanism to address all complaints and
solutions

7.2.3 Impacts during Operation & Maintenance

507. During the operation of the project road, the positive impacts greatly outweigh the
negative impacts, and with proper maintenance, potential negative impacts can be
mitigated.
1) Positive Environmental and Socio-Economic Impacts
508. The several positive impacts are summarized below:
 Improved regional road network,
 Reduced travel time along and across the roads,
 Enhanced operational efficiency of the road,
 Promotion of economic growth within the region,
 Improved safety and reliability for all road users,
 Attraction of traffic that will foster regional growth,
 Improved security within the project area,
 Reduced particulate dust in the area.
509. Provision of community social amenities The positive impacts may be ameliorated
through continuous monitoring to ensure that the system is functioning at maximum
efficiency to ensure maximum benefit to all.
510. Other potential impacts typically associated with operation and maintenance activities
are such as:
2) Increased Traffic along the Project Alignment
511. The project area will see an increase in traffic congestion due to the improved road
surface and shortened travel times, as such there is bound to be increased traffic and
interaction and potential accidents between the vehicles and local communities.
Mitigation measures
 Provision and maintenance of safety signage along the corridor.
 Periodical road safety audits to establish any issues with the road and
establishment of mitigation measures.

3) Increased Human Wildlife Conflict

512. The new road will lead to increased vehicular speeds causing an increased risk of
accidents involving vehicles and wildlife that accidentally makes its way onto the highway.
Mitigation measures
 Partnership with wildlife NGOs and conservation efforts to monitor the any
incidences and provision of mitigation measures.
 Maintenance of established animal crossing infrastructure including signs and
structures.
 Collaboration with the Kenya Wildlife Services on management of wildlife
within the construction areas

4) Air Quality
513. The new increased traffic along the project road will have both positive and negative
impacts, the positive being reduced dust, however a negative impact will be increased petrol
emissions along the project road.
Mitigation:
 Policing of unroadworthy vehicles to reduce air pollution.

5) Road Safety
514. Increased travel speeds if not checked may lead to increased accidents along the project
road.
Mitigation:
 Provision and maintenance of safety signage along the corridor.
 Periodical road safety audits to establish any issues with the road and
establishment of mitigation measures.

6) Risk of truck drivers stopping along the project area

515. The opening of a major road corridor will lead to increased vehicular traffic along the
road including trucks ferrying goods to the Northern Region of the Country. Due to their
limited speeds, truck drivers will need to take breaks during the drives to improve on road
safety. The design has provided for truck stops at intervals and on both sides of the road,
with large enough parking spots. However it will be important to ensure that the trucks
actually make use of these stops instead of parking on the sides of the road.
Mitigation measures
 Provision of visible signage showing the truck stops along the road.
 Working with the police to ensure that trucks are actually using the stops
instead of the side of the road.
 Encouraging the establishment of businesses near the truck stops including
accommodation, sanitation and restaurants to encourage truckers to stop at
these locations.

7) Impacts of newcomers to the project area.

516. The improved infrastructure in the area will lead to an increase in the in migration of
people to the project area due to increased business opportunities, land availability. This
may lead to inter and intra community conflict, due to differences in religion, culture, and
ways of life.
Mitigation measures
 KeNHA to work with the County Government on integration between
newcomers and host communities.

7.2.4 Impacts during De-commissioning

517. De-commissioning of the Project is not envisaged. However, some aspects of the
project will require decommissioning including the material sites and the Contractor’s
camp. Other project components including the project road will be rehabilitated over time
having served their useful life.
518. Before decommissioning, the Contractor will prepare a decommissioning plan for the
elements that will require decommissioning.
1) Decommissioning of exhausted material sites
519. Following the exhaustion various material sites or completion of works on these sites,
the Contractor will be expected to rehabilitate these sites or if the sites e.g. Water sources,
can be handed back to the community.
Mitigation measures:
 Provide and implement a decommissioning plan including backfilling,
revegetation, disposal of waste material, recycling of recyclable material and
hand over to the community or relevant authority in the case of water sources.

2) Decommissioning of the Contractor’s camp

520. After the completion of the construction of the road, the Contractor will decommission
his camp.
Mitigation measures:
 Provide and implement a decommissioning plan including revegetation,
disposal of waste material, and recycling of recyclable material.

7.3 CUMULATIVE IMPACTS OF THE PROJECT ROAD

521. Cumulative effects were considered taking into account other projects or actions
planned in the study area.
522. Considering that there are a number of proposed projects along the road corridor. The
assessment of cumulative impacts along the project road corridor has taken these projects
into account. Some of the projects include;
i. The LAPSSET road project from Lamu to Isiolo to South Sudan and Ethiopia.
ii. The Garissa – Modogashe A13, which intersects the project road at its end in
Modogashe.
iii. Various road works and on-going road construction projects along the road corridor by
KeRRA, the county Governments and the Constituencies through CDF
iv. Impacts on sourcing of construction materials along the corridor;
v. Any other initiatives in the project road corridor that may result in positive or negative
cumulative impacts were be included in the ESIA Study.
7.3.1 Identification of Potential Cumulative Impacts

523. Table 7-2 provides a summary of the likely potential cumulative impacts that may result
from the construction and operation of the proposed road project, services roads,

interchanges and bypass, and in combination with other proposed development described
in Section 6-9.
Table 7-2: Summary of the Likely Potential Cumulative Impacts

Environmental Potential Cumulative Impacts

Topic
Construction Phase Operation Phase
Increased Cumulative impacts may be considered Given that traffic volumes will
Traffic significant during construction. increased in the project area due
Bearing in mind that the host to improved road conditions.
population is unaware of traffic However, the proposed
regulations. mitigations need to be strictly
However, the proposed mitigations in adhered to.
the ESMP are adequate need to be
strictly adhered to. The impact is
considered moderate.
Soil Providing adequate mitigation is place,
Degradation, no significant adverse cumulative
site related oil impacts are anticipated.
spills
Loss of flora and Cumulative impacts will only occur Improved road conditions will
fauna, during the construction phase if the lead to an influx of people as
proliferation of construction of other nearby projects well as development in the area.
invasive species coincides with that of the proposed Additionally, an increase in
project. road traffic will lead to
cumulative impacts on the
If this is the case, even greater attention
wildlife in the area, through
should be paid to the mitigation
potential increase in human
measures outlined in order to ensure
wildlife conflicts.
the cumulative impact will remain of
minor adverse significance However, the proposed
mitigation measures need to be
strictly adhered to in order to
mitigate these potential
negative impacts.
Air Quality Cumulative impacts will only occur The impacts of the proposed
during the construction phase if the road on regional air quality and
construction of other nearby projects greenhouse gases are predicted
coincides with that of the proposed to be negligible
project.
If this is the case, even greater attention
should be paid to the mitigation
measures outlined in order to ensure
the cumulative impact will remain of
minor adverse significance

Environmental Potential Cumulative Impacts

Topic
Construction Phase Operation Phase
Noise and There is the potential for cumulative
Vibration noise impacts of the proposed
development in conjunction with other
concurrent projects in the vicinity
arising from simultaneous demolition
and construction works.

Social Impacts Cumulative impacts will only occur Given that traffic volumes will
including: during the construction phase if the increased in the project area due
Labour influx, construction of other nearby projects to improved road conditions.
Crime, coincides with that of the proposed
However, the proposed
disruption of project. mitigations need to be strictly
services, However, the proposed mitigations adhered to.
increased
need to be strictly adhered to.
conflicts,
impacts on
children, GBV
sexual
exploitation and
abuse
Interference Cumulative impacts will only occur
with water during the construction phase if the
resources construction of other nearby projects
coincides with that of the proposed
project.
However, the proposed mitigations
need to be strictly adhered to.

8 ENVIRONMENTAL AND SOCIAL MITIGATION AND MANAGEMENT PLAN

(ESMMP)

524. By design, the potential positive impacts of the project can readily be optimised while
the potential majority of the negative environmental and social impacts are mostly
restricted to the planning and construction period, with the negative impacts experienced
during the operation phase of the project mitigated by continuous maintenance of the
system. These are assessed and considered as minor to medium, being reversible and short-
term and can be managed through well-defined mitigation and monitoring measures.
8.1 POSSIBLE ENHANCEMENT MEASURES

525. Possible enhancement measures of beneficial impacts would include the following:
 Construction should adhere to recommended best construction practices that make
effective and economical use of locally available resources including materials,
expertise and labour.
 Operation of the project should adhere to the operations and maintenance specifications
prepared with the design
 Ensure that the poor and other vulnerable in the project area will be catered for by the
project under the RAP.
 Ensure that social services provide education on appropriate hygienic conditions and
taking into consideration gender particular roles and responsibilities.
8.1.1 Design Measures that will Enhance the Project

These are measure that will be included in the project design to enhance the environmental and
social features of the project. These design considerations should be included in a design review
of the project road. The design considerations include:
a) Design of the Kambi Garba loop instead of the road passing through the more populated
area of Isiolo town.
b) Collaborate with Kenya Wildlife Services and other stakeholders regarding specific
animal friendly crossings including animal bridges, with the underpasses for vehicles
to ensure undisturbed animal crossing, with additional fencing provisions if needed.
c) Design of dual box culverts which will act as both a crossing point for livestock and
some wildlife
d) Road signages and bumps will be erected on the highway to warn motorists when
approaching wildlife and livestock crossing points
8.2 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

526. The negative impacts as well as their mitigation measures have already been discussed
in Chapter 7.
527. This chapter highlights the various mitigation measures, the party responsible for
implementing it and the costs, this data makes up the Environmental and Social
Management Plan (ESMP) which is presented in Table 8 1 below.
528. The costs of the proposed mitigation measures some of which will have already been
included in the main engineering Bills of Quantities and therefore need not be included in

the Environmental and social mitigation costs, should be included in the Bill of Quantities
as the Environmental and Social Mitigation Costs.

Table 8-1: The Environmental and Social Management Plan (ESMP)

Project Cost (K.Shs.) Frequency Total Cost for

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Pre- Loss Implementation of the RAP Values as per Lumpsum

construction Livelihoods NLC & KeNHA RAP Report

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Construction Soil Provision adequate drainage facilities to Contractor supervised by Included in

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Ensuring proper measures are in place for

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Construction Air Quality Use of protective clothing like dust masks on Contractor supervised by Included in PPE
construction crew. the Resident Engineer Costs
Daily monitoring of air quality during and 10,000 per Annually 300,000.00
after construction to ensure no major sample
negative impacts or come up with mitigation
measures
Included in
Regular water spraying of murram and earth contractor’s cost
roads and construction sites
Operation and maintenance of contractor’s
plant in compliance with relevant vehicle
emission standards and manufacturer’s
specification to minimize air pollution.
Carrying out annual air quality audits for the
project
Construction Noise Avoiding night time construction when noise Contractor supervised by
Pollution is loudest near residential areas or areas near the Resident Engineer
wildlife.
Daily noise levels monitoring on site with the
use of portable devises
No discretionary use of noisy machinery
within 50 m of residential areas and near
institutions or use of manual labour in these
sections or give notice to these institutions. Included in
Contractor’s
Good maintenance and proper operation of cost
construction machinery.
40,000 per
Where possible, ensure non mechanized sample 1,200,000.00
construction to reduce the use of machinery

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Annual noise measurement

Construction Loss of Flora Discuss with the local community and Contractor, Local 10,000,000 Lumpsum 10,000,000.00
and Fauna relevant authorities on methods of Administration
revegetation or compensation for the lost
vegetation.
Avoid night time construction when noise is Included in
loudest near areas known to have wild Contractor supervised by Contractor’s
animals. the Resident Engineer cost
Lumpsum 1,000,000.00
Project will install road signs and speed 1,000,000
pumps on the known elephant and other Per 4,500,000
1,500,000
wildlife crossing points to regulate speed and Crossing
warn motorist Included in
Contractor’s
Ensure all the Contractor’s camps are sited cost
away from the wildlife corridors to prevent
conflicts.
Construct dual usage box culverts along the Included in
project road for the domestic and wildlife Contractor’s
animal crossings cost
Collaborate with Kenya Wildlife Service and
other stakeholders to protect wildlife during Oil spill costs
construction covered
The Contractor code of conduct should
include conditions on wildlife conservation
and measures to be errand workers Covered in
water resources
Avian nesting sites found along the road cost
should be relocated before trees are cleared
for the road construction

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Avoid fires and smoking of cigarettes in

areas with indigenous vegetation as the area
is arid and a small spark can cause fire which
shall affect vegetation and wildlife
Stockpiling of construction material in areas
that are naturally void of vegetation.
Spare the vegetation that must not
Esure all the Contractor’s camps are sited
away from the wildlife corridors to prevent
conflicts.
The Contractor will ensure that the
employees on site are aware of the company
procedures for dealing with oil spills and
leaks
Provide a waste management plan
Provision of dustbin and sanitation facilities
within the Contractor’s camp to prevent
seepage into the natural environment.
Construction Occupational Provide and implement an occupational Contractor supervised by 2,000,000 Lumpsum 2,000,000.00
Health & health and safety plan. the Resident Engineer
Safety Ensure that all construction machines and Included in
equipment are in good working conditions Contractor’s
and to manufacturer’s specifications to
cost
prevent occupational hazards. Annually 10,000,000.00
4,000,000
Provide workers with appropriate personal
protective equipment (PPE).
Monthly 1,500,000.00
50,000

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Provide workers with adequate potable water Included in

and breaks. Contractor’s
cost
Provide a fire marshal and a health and safety Bi-annually 2,500,000.00
officer fulltime on site 50,000
Provide workers training on safety
procedures and emergency response Bi-annually 2,500,000.00
500,000
Work to minimize or altogether eliminate Monthly 1,500,000.00
100,000
mosquito breeding sites.
Provide and implement a waste management
plan Included in the
Contractor’s
Provision and implementation of an clauses Annually 1,250,000.00
employee code of conduct
500,000
Provide clean toilets for workers, these
toilets will be to World Health Organisation
standards.
Construction Community Implementation of the stakeholder Included in the
Health & engagement plan stakeholder engagement
Safety plan
Provide and implement an occupational
health and safety plan which will have an Contractor supervised by
aspect of public health and safety. the Resident Engineer
Roads passing through population centers
will be water sprayed to reduce dust. 50,000 Monthly 1,500,000.00
Work to minimize or altogether eliminate
mosquito breeding sites.
Provide a waste management plan

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Provide and implement a stakeholder

engagement plan
Provide a whistle-blower policy to ensure
wellbeing of whistle-blowers
Implement a grievance redress mechanism to
ensure community concerns are addressed.
Fence off the sites with security to avoid
unauthorized access to the borrow site(s) and 1,000,000 Annually 2,500,000.00
hence mitigate potential injuries.
Construction Labour Hiring unskilled construction and skilled (if Contractor supervised by Included in the
Influx available) labour from the local population as the Resident Engineer Contractor’s
far as possible. Cost
Use of manual labour during excavation and
construction works where possible.
Prepare a labour influx plan to manage
Included in
labour influx labour influx
Sensitizing workers and the surrounding cost
community on awareness, prevention and Public Health Officer Included in
management of HIV / AIDS. HIV/AIDS
Provide an on-site clinic to provide VCT Impacts
services.
Enforcing and maintaining a code of conduct
for his employees

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Provide an on-site clinic to provide VCT 100,000 Monthly 3,000,000.00

services to construction crew and provision
of ARVs for vulnerable community
members Included in the
Contractor’s
Provide a HIV/AIDS management plan clauses
Construction Disruption of Provide a traffic management plan which Contractor Included in
Service will provide alternative routes, traffic traffic costs
Delivery controllers, concrete barriers and speed
Impacts limits for motorists.
10,000
Communication any intended disruption of KeNHA & Relevant Monthly 300,000.00
the services. service provider Included in the
Contractor’s
Prepare a stakeholder engagement plan clauses
Repair of any affected areas in consultation
with the local authorities.
Construction Crime Fencing off the Contractor’s camp with plant Contractor supervised by Included in
Management and materials. the Resident Engineer Contractor’s
and Security cost
Working with local committees in addition to
Risk the Contractor’s own security.
Removing any employee who persists in any
misconduct or lack of care, carries out duties
incompetently or negligently, fails to
conform to any provisions of the contract, or
persists in any conduct which is prejudicial
to safety, health, or the protection of the
environment.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Taking all reasonable precautions to prevent

unlawful, riotous or disorderly conduct by or
amongst the contractor's personnel.
Prohibiting alcohol, drugs, arms, and
ammunition on the worksite among
personnel.
Logging all events of a criminal nature that
occur at the worksite or are associated with
the civil works activities.
Reporting all activities of a criminal nature Included in the
on the worksite or by the contractor's Contractor’s
employees to the police. clauses
Prepare a code of conduct for signing by all
staff members
Construction Increased After sourcing and making use of new water Contractor, RE and Included in
Community sources, the Contractor should give them KeNHA Contractor’s
Conflicts back to the community. cost
Lumpsum 5,000,000.00
Provision of CSR where possible 5,000,000.00
Monthly 6,000,000.00
Ensure working grievance redress 200,000.00
mechanism.
Preparation and implementation of a Monthly 3,000,000.00
100,000.00
stakeholder engagement plan
Construction Impacts on Ensuring than each employee signs a code of Contractor supervised by Included in the
children conduct that covers child protection the Resident Engineer Contractor’s
Ensuring no children are employed on site in Local Administration clauses
accordance with national labour laws

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Ensuring that any child sexual relations

offenses among contractors' workers are
promptly reported to the police
Construction Project Provide and implement a gender-based Contractor supervised by
Impacts on violence strategy which will form the the Resident Engineer
women Contractor’s clauses and should include: Local Administration
Gender mainstreaming in employment at the
worksite with opportunities provided for
females to work, in consonance with local
laws and customs
Grievance redress mechanisms including
non-retaliation. Included in the
Contractor’s
Provide and implement an employee code of clauses
conduct
The works contractor should be required,
under its contract, to prepare and enforce a Included in the
No Sexual Harassment and Non- Contractor’s
Discrimination Policy, in accordance with clauses
national law where applicable.
Ensure equitable distribution of employment
opportunities between men and women
Ensure flexible work hours for women to
ensure minimal interference with their
family roles.
Involvement of women in the periodic
dialogues/consultations with contractors and
host communities during construction.

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Construction Liability for Provision of PPE. Contractor supervised by Included in

loss of life, Training workers on the operation of the the Resident Engineer Contractor’s
injury or machinery and equipment Appointed Health and cost
damage to Safety Officer
private Adequate warning and directional signs.
property Ensuring that the prepared code of conduct
for staff is followed to prevent accidents.
Developing a site safety action plan.
Cordoning off unsafe areas
Provision of first Aid kit within the
construction site.
Recording of all injuries that occur on site in
the incident register, corrective actions for
their prevention are instigated as appropriate.
Compliance with the Workmen's
Compensation Act, ordinance regulations
and union agreements.
Repairing any damage done to private
property.
Prepare and implement a grievance redress
mechanism
Construction GRC GRCs will be set up to ensure all potential Contractor, RE KeNHA, 300,00.00 Monthly 9,000,000.00
Facilitation grievances are logged and resolved and will Local administration and
Costs need a cost which will be included in the NGO
implementation costs

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Construction Stake Holder Implementation of a stakeholder engagement Contractor, RE, 300,00.00 Monthly 9,000,000.00
Engagement plan throughout the construction phase KeNHA, Local
Administration
Total ESMP Cost during Construction Phase of the Project 84,550,000.00
Operation Increased Provision and maintenance of safety signage KeNHA
Traffic along along the corridor.
the Project Periodical road safety audits.
Alignment 500,000 Annually
Operation Increased Partnership with wildlife NGOs and
human conservation efforts to monitor the any
wildlife incidences and provision of mitigation
conflict measures.
Maintenance of animal crossing
infrastructure including signs and structures.
Operation Air Quality Policing of unroadworthy vehicles to reduce Police
air pollution.
Operation Public Health Provision and maintenance of safety signage KeNHA
and Safety along the corridor. Included in
Periodical road safety audits. traffic cost
Operation Risk of truck Provision of visible signage. KeNHA
drivers Working with the police to ensure proper use
stopping of truck stops.
along the
project area Encouraging the establishment of businesses
near the truck stops to service the truck stops.
Operation Impacts of KeNHA to work with the County KeNHA County 1,000,000.00 Annually
newcomers Government on integration between Governments and
to the project newcomers and host communities. Administration

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area.along
the project
area
Decommissi Decommissi Provide and implement a decommissioning Contractor 300,000.00 Per Site
oning oning of plan including backfilling, revegetation,
exhausted disposal of waste material, recycling of
material sites recyclable material and hand over to the
community or relevant authority in the case
of water sources.
Decommissi Decommissi Provide and implement a decommissioning Contractor Included in the
oning oning of the plan including revegetation, disposal of Contractor’s
Contractor’s waste material, and recycling of recyclable cost
camp material.

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8.3 CONTRACTOR CLAUSES

529. This will include various plans and safeguards the Contractor will be expected to
prepare and implement during the construction phase of the project. These safeguards will
be required as a part of the requirements in the bidding documents. The safeguard
documents required will include:
i. A construction environmental and social management plan
ii. Occupational health and safety plan
iii. Waste management plan
iv. Traffic management plan
v. Borrow pit and quarry site rehabilitation plan
vi. Child Protection Strategy
vii. HIV/AIDS management plan
viii. Code of Conduct
ix. Employment plan
x. Grievance redress mechanism
xi. Prevention and protection against gender based violence and sexual exploitation
xii. Labour influx plan
xiii. Stakeholder engagement plan
xiv. Whistleblower policy
530. During the bidding process, the Contractor will be expected to include a brief
methodology of the implementation of these Environmental and Social Safeguards and
attach a cost of implementation of these plans in his proposal bid.
531. In addition, the Contractor will have to provide relevant staff for the implementation of
the safeguards including a CLO and EHS expert.
8.4 ENVIRONMENTAL AND SOCIAL MONITORING PLAN

532. The purpose of the Environmental and Social Monitoring Plan for the proposed project
is to initiate a mechanism for implementing mitigation measures for the potential negative
environmental and social impacts and monitor the efficiency of these mitigation measures
based on relevant environmental and social indicators. The Environmental and Social
Management Plan in Chapter 8.2 identified certain roles and responsibilities for different
stakeholders for implementation, supervision and monitoring. The objectives of the
monitoring plan therefore are:
 To ensure that the recommendations in the approved ESIA report are adhered to by the
various institutions
 To ensure that the environmental and social mitigation and their enhancement actions
are well understood and communicated to all involved stakeholders.
 To ensure that the proposed environmental and social remedial measures are
implemented during the project execution stage
 To evaluate the effectiveness of environmental and social remedial measures
 To evaluate the effectiveness of various evaluation techniques and procedures
 To provide the Proponent and the relevant Lead Agencies with a framework to confirm
compliance with relevant laws and regulations.
533. Conversely, environmental and social monitoring provides feedback about the actual
environmental and social impacts of the project. Monitoring results help assess the success
of mitigation measures in protecting the environment.

534. They are also used to ensure compliance with environmental and social standards, and
to facilitate any needed project design or operational changes. A monitoring program,
backed up by powers to ensure corrective action when the monitoring results show it
necessary, is a proven way to ensure effective implementation of mitigation measures. By
tracking the project’s actual impacts, monitoring reduces the environmental and social risks
associated with the project and allows for project modifications to be made where required.
535. Table 8-2 presents the indicators that will be used to monitor the implementation of the
project. The indicators are selected based on the project and major anticipated impacts.

Table 8-2: Proposed Environmental and Social Monitoring Plan

Environmental/S Frequency of Responsibility

Area Performance Indicators Monitoring Requirements Corrective Action
ocial Component monitoring
Contractor’s Health and safety  Prevalence rates of common  Physical inspection Monthly Environmental Investigate non-
Camp diseases. Supervisor compliance and make
 Documentation Number of recommendations
 Provision of condoms, complaints
contraceptives and Implement
 Interview with residents recommendations
mosquito nets.
 Conduction of campaign
meetings on transmission of
diseases like HIV/AIDS and
other STDs.
 Availability of adequate
solid waste bins.
 System of safe disposal of
both solid and liquid waste
in place.
 Availability of first aid
facilities.
 Outpatient attendance
registers.
 Compliance with the Health
and Safety Act.
Solid and liquid  Presence of scattered litter.  Physical inspection Monthly Environmental Implement
wastes Supervisor recommendations
 Signs of obstruction of  Number of complaints.
water courses. Contractor

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Environmental/S Frequency of Responsibility

Area Performance Indicators Monitoring Requirements Corrective Action
ocial Component monitoring
HIV&AIDS  Number campaign meetings  Inspection of HIV/AIDS Quarterly Contractor Implement
on transmission of diseases prevention services within recommendations
Social
like HIV/AIDS and other the site. Supervisor
STDs.
 Number of condoms,
 Number of condom ARVs provided.
dispensers within the site.
 Number of ARVs provided
to vulnerable persons
Project Site Solid and liquid  Scattered litter  Physical inspection Monthly Environmental Implement
and Material wastes Supervisor recommendations
Sites  Signs of obstruction of  Number of complaints
water ways. Contractor
 Flow of wastewater on the
ground surface.
 Provision of sanitary
facilities to the construction
crews.
Noise  Level of noise generated.  Liaise with other Monthly Environmental  Implement
stakeholders. Supervisor recommendations
 Provision of PPE.
 Documentation on
 Compliance with existing
complaints about noise
noise standard issued by
NEMA.
Air pollution  Level of dust generated.  Physical inspection Monthly Environmental  Implement
Supervisor recommendations
 Provision of PPE.  Interview residents
including workers

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Environmental/S Frequency of Responsibility

Area Performance Indicators Monitoring Requirements Corrective Action
ocial Component monitoring
 Liaise with other
stakeholders
Flora and Fauna  Amount of vegetation  Documentation of Quarterly Environmental  Implement
removed uprooted trees Supervisor recommendations
 Change in animal  Observation
behavioural patterns
 Discussions with KWS
Gender  Number of female  Review of company staff Quarterly Social  Implement
Empowerment employees records. Supervisor recommendations
 Number of male and female  Physical Inspection
toilets
Crime  Number of reported crimes  Review of records Monthly Social  Implement
Management and Supervisor recommendations
security  Number of complaints  Interviews with staff and
local community
Impacts on  Record of employees  Review of records Monthly Social  Implement
Children including IDs Supervisor recommendations
 Interviews with staff and
local community
GBV, Sexual  Number of complaints  Review of grievance Monthly Social  Implement
Exploitation and redress forms. Supervisor recommendations
Abuse
 Interviews with local
community
Loss of Life,  Record of accidents and  Review of records Monthly Environmental  Implement
Injury and Damage damages done Supervisor recommendations
to Private property  Interviews with staff and
local community.

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Environmental/S Frequency of Responsibility

Area Performance Indicators Monitoring Requirements Corrective Action
ocial Component monitoring
Labour Influx  Number of grievances  Interviews with local Monthly Social  Implement
administration on influx Supervisor recommendations
 Incidences of conflicts
and conflicts
 Complaints log
 Interviews with grievance
committee members
Increased  Records of conflicts with  Police incidence reports Monthly Social  Implement
Conflicts local administration Supervisor recommendations
 Grievance/Complaints logs
 Number of grievances
 Complaints logs

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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8.5 GRIEVANCE REDRESS MECHANISMS (GRM)

536. This section outlines a mechanism for receiving, handling and resolving project related
complaints/grievances during preparation, implementation and operation of the project.
The section reviews the socio-cultural context to conflict resolution in the project area. It
then provides certain guidelines and principles that may aid the project in developing a
robust grievances redress mechanism.
537. The Northern part of Kenya, has, over a long time, been a major arena for a variety of
low-intensity conflicts, some of which are linked to wider cross-border and regional
conflicts. The roots of these conflicts vary but a history of economic and social
marginalization looms large. There is increased competition over resources, reduced access
to land, water, and other natural resources, limited access to credit, markets, and extension
services that culminate in poverty and subsequently, increased conflict. Conflicts and
violence often take the form of cattle rustling, ethnic violence, displacements, massacres
and revenge attacks. Violent Islamist activity has also tended to be clustered in this area.
538. Most conflicts are solved outside the formal legal system through maslaha. The maslaha
system works closely with the local chief’s office – from which it derives its legitimacy. In
most cases, settlement is through compensation. There are also Kadhi courts run by
Muslim magistrates who have the power of adjudicating civil disputes according to Islamic
law, otherwise referred to as Shariah law. The court’s jurisdiction is limited to
determination of questions of Muslim law relating to personal status, marriage, divorce or
inheritance in proceedings in which all parties are Muslims. Other than that, the ordinary
courts, though available to VMGs, are not quite as popular. Most VMGs noted that they
have little confidence in the government judicial system, because they feel it is highly
compromised. It was also noted that even when women prefer to use ordinary courts, they
were held back because they feared reprisal and stigma from the community, for going
against traditional norms

539. The grievance process has been adopted from the Social Assessment and with the
discussions held with the relevant stakeholders during the ESIA consultations . The
stakeholders will be informed by the project of various points of making complaints (if
any) and the RE collect the complaints from these points on a regular basis and record them.
This is followed by coordinating with the concerned people to address the grievances. The
RE will manage the grievance activities at the respective stakeholder’s level to address the
Grievances and would act as the focal point in this regard.
8.5.1 Possible Sources of Grievances

540. Some of the issues that may elicit disputes in the implementation of the project include:
Project Anticipated grievances

 Land take related conflicts and grievances

 Compensation related grievances (spouse and family)
 Delay in compensation
 Inadequate valuation of land and other assets
 Community safety and health (road accidents, tension with workers)
 Accidents and incidents about the project
 Cultural and religious tensions due to in-migration
 Labour and working conditions
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 Lack of engagement in decision making on proposed interventions (road

side stations, markets)
 Resource use competition (water, pasture etc.)
 In-migration influx
 Gender and sexual based violence
 Poor Construction methods
 Improper behaviour of the Contractor’s staff
 Access to homes and businesses

8.5.2 Parties and Committees Involved in the Grievance Redress Process and the
Management Process

541. An effective mechanism to redress grievances will require:

 That grievances do not linger on and become contentious issues between project
authorities and the affected community and result in opposition to the project;
 PAHs and the overall community appreciate efforts by the project authorities to
reach out to hear concerns, proactively address and resolve issues; and
 PAHs particularly demonstrate willingness to support and benefit from the
implementation of proposed mitigation measures.

Essentials in Grievance Redress

 Acknowledge dissatisfaction: Accept that the displacement due to a

development shall generate grievances, rather than ignore or turn away
 Effective listening: Careful listening to elicit information regarding the
grievance shall help to accurately define the problem
 Separate facts from fiction: Ask for facts and record it (preferably by the PAH
himself). If illiterate, provide support as necessary;
 Quick turn-around: Take optimum time to analyse ascertain and decide and
finally communicate the decision to the PAP. Keep communicating with
PAHs in case of delays
 Follow-up: If decision requires a follow up action, take it soonest to instill
confidence in the PAP regarding the grievance mechanisms and process

542. Grievance Redress Mechanism Players “The key players in the grievance redress
process are:

Box Grievance Redress Mechanism Players

 VMGs and affected parties living in the project area

 Influential persons in the project affected village
 County Government
 National Government

543. The Grievance Mechanism provides affected parties with a mechanism to express any
issues and problems that they may have with the project implementation process in a way
which is free of cost and without retribution. Affected parties will also have ultimate
recourse to the courts in accordance with the provisions of Kenyan law.
8.5.3 The Grievance Management Process

1) The Process for the General Public, Stakeholders and PAPs

544. To ensure that the basic rights and interests of project affected people are protected,
that their concerns are adequately addressed and that entitlements are delivered, a grievance
procedure is outlined below:
Appointment of Village Grievance Redress Committee Members
545. Membership to committees will be elected by the VMGs except the locational chiefs,
sub county administrators, county administrators, contractors, KeNHA who will automatic
be members of the team by virtue of their positions. Each committee will elect their
chairperson and a secretary. The members of the GRCs will be appointed through an
election process by the communities members/VMGs in the project area. The elections
will be facilitated by KeNHA and the local administration including national and county
government.
Remuneration of Grievance Redress Committee Members

546. All the members of the GRCs established at the different levels will perform their duties
on a voluntary basis. There will be no remuneration other than costs associated with
transport, communication, meals and sitting allowance.
Capacity-Building for Grievance Committee
547. The Grievance Committee members will also need to be oriented to the grievance
management system suggested. The capacities of the Grievance Committee members will
also need to be built around issues of conflict identification, conflict information analysis
and conflict resolution

548. Below, a 4 tier/level grievance redress structure is provided to ensure amicable review
and settlement of grievances that may arise in the project.

i. First Level 1: Maslaha: The Maslaha is a body comprising of village elders that plays
a significant role among the local communities and is respected. They have the mandate
to resolve conflicts including land related conflicts; natural resources related conflict
e.g. pasture; interclan conflicts; among others.

Maslaha

 The Maslaha is composed of village elders of good reputation and who have
knowledge of customs and culture of the local communities.

 Village elders forming the Maslaha are not elected, as long as one has a good
reputation in the society and is regarded as impartial then he is welcomed in
the council. Women are not part of this forum.

 Maslaha decisions are strongly respected. In case a person defies their

decision, the person will be fined and/or banned from attending any social
functions e.g. burials, marriages or any other function that brings the
community together. The person is may be excommunicated from the
community.

549. This ESIA recommends this as the first level of grievance or conflict redress. A record
of any/all grievances received and handled will be kept at all phases of the implementation
process. However, the use of maslaha as an alternative system of dispute and conflict
resolution in solving issues of rape and other forms of gender and sexual based violence is
not advocated for in this project since the system is recognized as contributing to the rise
of such cases due to the nominal compensation required from offenders.

550. The grievance mechanism at the first level provides two options for grievance redress
the Maslaha System and the Village Level GRC.

ii. First Level 1: Village Grievance Redress Committees : Parties that are either non-
Muslim or have shown a preference for an alternative mechanism will use the Village
Level GRC. The village level GRC is categorized with the following membership: -

Composition of Village Grievance Redress Committees

1. Assistant/sub locational chief,
2. One youth
3. One woman
4. One project affected youth,
5. One project affected woman,
6. One project affected male
7. Ward Administrator
8. Contractor representative
9. KeNHA representative
10. Person with disability

iii. Second Level: Sub County Grievance Redress and Resettlement Committee
There will be a mediation committee at the Sub County level to handle grievances that
cannot be resolved by the village level committees and membership will include:

Composition of Sub County Grievance Redress Committees

 One representative of the Administration; - National Government

 One representative of County Administration; - County Government
 One representative of the construction contractor,
 One project affected youth
 One project affected female
 Supervision consultant/social specialist
 A representative of NEMA
 A representative of WRMA

iv. Third -Level: County Grievance Redress and Resettlement Committee: There will
be a mediation committee at the County level to handle grievances that cannot be
resolved by the sub county level committee. This will be a high-level committee
constituted on a need basis. It will comprise of KeNHA’s project implementation unit
and other relevant government agencies called upon depending on the matter under
consideration.

v. Fourth Level: Formal systems of dispute resolution: This entails using the courts of
Kenya to litigate the dispute.

Table 8-3: Table Showing a Sample Grievance Form

Reference No.
Contact Information Address:

Please mark how you wish to be Telephone: -

contacted (mail, telephone, e-
mail)
Email: -
Preferred Language for English
Communication (Please
mark how you wish to be
contacted) Kiswahili
National Identity Number
Description of Incident or Grievance: What happened? Where did it happen? Who did it
happen to? What is the result of the problem

Date of Incident/ Grievance

One time incident/ grievance (date----------------)
Happened more than once (How many times--------)
Ongoing (Currently experiencing problem………….)

What would you like see happen to resolve the problem?

Signature: ………………………… Date: ……………………………….

Please return this form to: COMMITTEE

Table 8-4: Sample of a Grievance Resolution Form

2) Grievance Redress within the Contractor’s Staff

551. Grievances among the Contractor’s staff will be the responsibility of the supervisors
and the Human Resource Manager.
552. These mechanisms are designed with the objective of solving disputes at the earliest
possible time which will be in the interest of all parties concerned and therefore implicitly
discourages referring such matters to the law courts for resolution which would otherwise
take a considerably longer time.
553. If a complaint pattern emerges, the Human Resource Manager will discuss and involve
the company managers and attempt to mitigate these occurences.
554. The procedure for managing grievances under will be as follows:
i. Whenever any staff feels that he/she has been treated unjustly or has any
information/complaint regarding another staff or company operations; he/she should
first seek an audience with the immediate supervisor/departmental head.
ii. The immediate supervisor and/or departmental head may solve the matter on their own
or report it to the Human Resource department for consultation and direction on the
matter.
iii. The staff is at liberty at any stage to appeal/report to the Human Resource department
through the County Employee Relations Office and is not obligated to immediately
report to the direct supervisor.
iv. The decision taken will be communicated to the staff concerned. If the matter is still
unresolved, his/her complaint should go to the Managing Director, through the head of
Human Resource Department.
555. Records of the complaints will be initially made by the supervisor in his/her weekly
reports and kept in the human resources department as well as measures undertaken to
resolve the grievances.
556. The internal grievance redress process is summarized in the figure below:

An aggrieved party reports

grievance to supervisor

Supervisor deliberates the

required resolution with the Grievance
aggrieved party resolved No further action

Grievance escalated to the

Human Resource Manager Grievance No further Action
resolved

Unresolved grievances
referred to the County
Employee Relations

Figure 8-1: Internal Grievance Redress Procedure

8.5.4 GRC Costs

557. The Cost of administration of the GRCs will be met by the Contractor and has been
included in the Environmental and Social Management Plan provided in Table 8-1 above

9 CONCLUSIONS AND RECOMMENDATIONS

558. As has been alluded in this report, the following can be said in summary.
559. The improvement of the project road will greatly contribute to the improvement in the
socio-economic structure of the Northern Frontier. The project road will act as a major road
linking Isiolo county to Wajir, Meru and Garissa Counties, reducing travel times and the
improvement in service provision in the project area.
560. The negative impacts identified in this ESIA during the planning, construction,
operation and decommissioning phases of the project, including waste generation, air
pollution, noise pollution, occupational health and safety impacts, community health and
safety impacts, traffic, labour influx and gender impacts can be mitigated using the
measures proposed in the ESMP as well as the preparation and implementation of safeguard
policies including but not limited to:
i. Waste Management Plan
ii. Labour influx strategy
iii. Gender based violence plan
iv. Child protection strategy
v. Employment plans
vi. Occupational Health and Safety Plan
vii. Traffic Management Plan
viii. Decommissioning Plan
561. Other plans to aid the implementation of the safe project implementation can be
included as the project continues.
562. In addition, the recommendations of the public consultation and participation was
incorporated into the findings of this report, some of the major issues addressed in the
public participation include resettlement, compensation and alternative routes which will
be mititgated by implementation of a RAP.
563. The adverse impacts on the physical and natural environment will be significant but can
be handled through the recommended mitigation measures. There are incremental costs
required to achieve these.

10 REFERENCES

Republic of Kenya, Environmental Management and Coordination Act (EMCA, Cap 387),
Government Printer, Nairobi
Republic of Kenya, Water Act (2016), Government Printer, Nairobi
Republic of Kenya, Public Health Act, Cap 242, Government Printer, Nairobi.
The Constitution of Kenya 2010
The Land Act, No. 6 of 2012
International Finance Corporation and World Bank Environmental, Health and Safety (EHS)
Guidelines
Isiolo County Development Plan
Meru County Development Plan
Design review report for Isiolo Kulamawe Road by Atkins
Design review report for Kulamawe Modogashe Road by Atkins
Environmental and Social Impact Assessment Report for Isiolo Kulamawe Road by Atkins
Environmental and Social Impact Assessment Report for Kulamawe Modogashe Road by
Atkins
World Bank Operational Policies
IFC EHS Guidelines

11 APPENDICES

11.1 STAKEHOLDER ENGAGEMENT PLAN

Stakeholder Participation Strategy Responsibility Topics of Discussion Time/Frequency Monitoring

PAPs, Residents Baraza/Public consultation KeNHA, Project development, During ESIA Barazas/community
and meetings. Consultant Information on planned fieldwork meetings conducted
representatives of activities, assessed positive
Door to door consultations Regularly on including minutes
Project affected and negative impacts and KeNHA website and attendance
Communities Print notice mitigation measures,
during all phases of Number of issues
KeNHA website presentation of grievance the project raised versus those
mechanism, presentation of
recommendation for Ad hoc meetings/ that have been
inclusion in the ESIA publications and addressed or are
notices on a need to being addressed or
during those not yet
basis
addressed
construction
Ministries, Key Informant Interviews KeNHA, Project development, During ESIA Reports conducted
Regulators, Isiolo Print notice Consultant building a good rapport for fieldwork ESIA, RAP etc.
and Meru County project, obtaining specific Reporting as Key Informant
Governments, Official letters/ reports information regarding frequent as required interviews
National project area, sharing and by various undertaken
Government introducing project authorities. including notes or
Authorities components and
(KeNHA, NEMA, description, obtaining input Regularly on questionnaires
KURA, KeRRA, regarding crucial issues of KeNHA website filled
KWS) land acquisition, during all phases of Official
environmental and social the project correspondences
impacts and mitigation, Ad hoc meetings/ such as letters,
compensation etc. publications and notices, approvals
notices on a need to etc.
Number of issues
raised versus those

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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Stakeholder Participation Strategy Responsibility Topics of Discussion Time/Frequency Monitoring

basis during that have been
construction addressed or are
being addressed or
those not yet
addressed
NGOs/CBOs Face to face meetings KeNHA, Project development, Regularly on Barazas/community
Consultant building a good rapport for KeNHA website meetings conducted
Print notices
project, anticipated positive during all phases of including minutes
Official letters and negative social and the project and attendance.
Key Informant Interviews environmental impacts and Ad hoc meetings/ Focused Groups
their mitigation measures, publications and discussions
recording of notices on a need to conducted
recommendations for basis during including minutes
inclusion in the ESIA. construction or questionnaires
Number of issues
raised versus those
that have been
addressed or are
being addressed or
those not yet
addressed
Vulnerable and Focus Group meetings. KeNHA, Project development, During ESIA Number of issues
marginalized Door to door consultations Consultant identified social and fieldwork raised versus those
groups environment impacts and
(personal) A Regularly on that have been
their mitigation measures, KeNHA website addressed or are
Print notice schedule of activities, during all phases of being addressed or
KeNHA website grievance mechanism, those not yet
the project
measures put in place to addressed
cater for the vulnerable and

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
Upgrading to Bitumen Standards of Isiolo – Modogashe Road Section 190km (A10/B84) 11-2
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Stakeholder Participation Strategy Responsibility Topics of Discussion Time/Frequency Monitoring

Publications/Announcements marginalized, presentation Ad hoc meetings/ Barazas/community
in media (local and/or of recommendation for publications and meetings conducted
national) inclusion in the ESIA notices on a need to including minutes
basis during and attendance.
construction Focused Groups
discussions
conducted
including minutes
or questionnaires
Inclusion of group
specific mitigation
into project
implementation or
its exclusion e.g.
gender balancing
for labourers
General public Baraza/Public consultation KeNHA, Project development, During ESIA Barazas/community
meetings. Consultant identified environmental fieldwork meetings conducted
and social impacts and their
Door to door consultations A Regularly on including minutes
mitigation, schedule of KeNHA website and attendance.
Print notice activities, presentation of during all phases of Media (print, audio
KeNHA website recommendation for the project and visual)
inclusion in the ESIA
Publications/Announcements awareness
Ad hoc meetings/
in media. publications and campaigns
notices on a need to
basis during
construction

Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the Environmental and Social Impact Assessment (ESIA) for the Proposed
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11.2 SUMMARY OF PUBLIC AND STAKEHOLDER CONSULTATION

11.2.1 Public Consultation Minutes

1) Minutes of the Public Consultation Meeting Held on 21st February 2019 at Isiolo
Junction/Barrier opposite Ewaso Nyiro North Develoment Authority Headquaters at
10:30 am
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by 70 community members.

Min 1/15/2019: Preliminary

The meeting began at 10:30 am with a word of prayer by Sister Lydia. It was coordinated by
the Chief Yusuf and the Assistant Chief.
The Assistant chief welcomed the community to the meeting and welcomed the senior who
further invited the Consultant.
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental and Social Impact Assessment, public participation is an important exercise in
the national values and principles of governance; and for achieving the fundamental principles
of sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/14/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.

The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
which the boarder with Garisa county. The project road is currently classified as RD A10 from
Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
classification by Ministry of Transport, Infrastructure, Housing and Urban Development
(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.

 Loss of pasture for livestock and wildlife.

 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals
Min 3/14/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.
Q1) Land Acquisition and Involuntary Resettlement/Displacement of persons
The public noted that since the Road Width will be changed to 60m from the current 40m most
of their properties will be affected especially at Checheles area. This was aired by Nura Roba
and supported by several others. They wanted the road to be shifted to Kambi Garba loop which
is about 4KM on the Isiolo-Moyale Road. The community totally disagreed with the demolition
of their property at the junction (Checheles area.) The community noted that the current road
was just a military road and the original map show that the road is in Kambi Garba.
Response
 A Resettlement plan was commissioned to check on that and the community confirmed
the same.
 Property valuation and compensation will take place in case the government sticks with
the original plan
 The consultant will air their grievances over the matter and propose it as an alternative
to the project in the ESIA. In addition the KeNHA representative promised to follow on
the same.
Q2) Social infrastructure/corporate social responsibility
The community asked for the following social infrastructures suggested by the area MCA who
was present and supported by others.
 The Youth suggested that a Rehabilitation Centre should be prioritized
 University, Technical Training Institutes and Teachers College
 Boreholes, water pans and dams were also suggested by the community due to water
scarcity in the area
 Schools (both Primary and Secondary)
 Hospital
 Market
Response
The Consultant informed the community that there is a CSR component in the project seeking
to develop the area since it is a marginalized area. The contractor should undertake some CSR
in the area. He then asked the community to list some of the CSR activities that the contractor
should consider undertaking:
Q3) Road Safety
Sister Lydia raised an issue on the safety of the road and an increase in accidents during and
after construction. The community had an issue on the safety of the road since there are children
who use the road when going to school at Checheles and 78 barracks.
Response

The Consultant informed the public that road safety will be ensured through the following
measures
 Erection of road signs and marking of the road properly
 Erection of road bumps across the road along market centres, schools, to mitigate
accidents.
 Bus stages will be constructed on major town centres and markets.
 Do public sensitization and training on road use and safety
Q4) Quality
An Engineer at Ewaso Nyiro Development Authority raised an issue on the poor drainage
system in the area. The area floods to an extent it causes accidents and diseases due to
stagnating water. Especially during rainy season.
He further added that the area closer to 78 barracks is worse. He proposed broader shoulders
with effective drainage system
Response
Concerning drainage, the public were notified that bridges and culverts will be constructed in
flood prone areas, engineers have surveyed the area and have sufficient data on the flood prone
areas and have factored that in the road design
Q5) Jobs and Employment
John Wiper raised an issue on employment and consideration of the youth and women was
seconded by several others. The community suggested that the locals should be given the first
priority for jobs. They said that the contractor should not come with foreigners from other
places. They wanted all tribes in the area i.e. Meru, Borana, Turkanas, Somali to be considered
for jobs that may arise during the road construction
Response
The Consultant notified the community that the construction of the road will requires skilled
i.e. engineers, surveyors, masons, carpenters, welders, plant operators people which if not
found among the residents will be sourced from other places. Semi-skilled and unskilled people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 the contractor should exhaust all available locals before looking for employees from
other places
Q6) Dust Emissions/ Pollution (Noise, Air etc.)
Abdi Rashid Dida raised an issue on the noise pollution and dust generation during construction
and there schools and young children around. The community wanted to know how these
pollutions will be prevented or minimized.
Response
 The Consultant informed the public that the Contractor will abide by the
Environmental Management and Coordination (Noise and Excessive Vibration
Pollution Control) Regulations, 2009 Legal Notice No. 61
 Avoid noisy activities at night and also close to residential areas, schools, hospitals
and areas of worship
 Workers will be provided with noise protective Equipment. Noise mapping of critical
areas will be conducted.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-4
Zamconsult Consulting Engineers November 2019

 Dust during construction and in specific near schools and market centres; Consultant
suggested that the contractor will have to.
 Water spraying on dry and dusty surfaces regularly including the access murram roads
and diversions.
Q7) Impact/ Participation of Women, Youth and Marginalized Groups
The women, youth and people with disability sought to know what special privileges will be
given to them.
The women suggested that they are willing and able to take any form of employment available
and they should be considered for tenders
The youth suggested that they should be given priority of employment and tenders, they should
be sponsored for training in technical courses and asked for rehabilitation programmes since
drug abuse is prevalent
Response
The Consultant told the community that the Kenya 2010 Constitution gives specific attention
to women, youth and other vulnerable groups
He thus assured the public that the contractor will give these groups special attention in terms
of jobs and tenders that will be available.
The community elders should organize for this process to be done in a transparent and open
manner.
Q8) Demand on Water Resources
There was an outcry from the community that the construction of the road will stress the
existing water resources since the area is water scarce
Response
The consultant addressed the issue by the following responses:
Since the area is a water scarce area, the existing water resources will be protected by the
contractor and will have to consult the community before using it.
The contractor will consult the local community before drilling boreholes or abstracting water
for his use. Boreholes can be drilled close to the centres to benefit the local community. The
boreholes could be surrendered to the community after construction works
Non potable water for water spraying will be used
Q9) impacts on wildlife migratory routes/accidents
The Assistant Chief raised an issue with the issue of animals crossing the area hence a major
concern. The public concurred with that the area traversed by the road has wildlife like
elephants, gazelles, zebras, dikdiks, ostrich, hyenas and lions. They said with the exception of
elephants which follows specific routes the other animals roam freely along the road corridor
moving from Shaba National Reserve to Meru National Park and otherwise.
Response
The consultant responded by notifying the community that the contractor will undertake the
following measures to control this accidents.
 The Contractor to design and construct wildlife migration routes
 The contractor will work closely with the community to identify the hotspot crossing
areas for wildlife
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-5
Zamconsult Consulting Engineers November 2019

 The Contractor to design and construct wildlife migration routes

 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
 Signage to be provided at wildlife corridor points
 Speed will be restricted by speed limit at these specific points
Q10) Livestock and Domestic Animals
Hussein Ngure raised the same issue on domestic animals accidents since several parts along
the road are used by the community for grazing cows, sheep, goats and camels since they are
majorly a pastoralist community. The public further suggested that there are watering points
for animals along the road. They suggested that the contractor should mark the road with proper
signage, erect bumps along the grazing and watering areas and sensitize the pastoralists on road
safety. The Community wanted to know how the accidents on domestic animals will be
minimized
Response
The Consultant informed the community that:
 The Contractor will erect speedbumps, and rumble strips near village centres and
livestock crossing points
 Side paths and underpasses will be created along the road close to livestock grazing
and watering areas to minimize accidents.
 Guard rails be put along dangerous places to avoid animals from crossing the road at
these places
 Signage will be provided throughout the road length and especially in towns and
villages
Q11) Impact on Cultural Resources
The Abdi Rashid Dida raised an issue on cultural resource within the road reserve like graves
and churches
Response
The Consultant notified them that any cultural resource encountered during any phase of the
project will not be interfered with without consultations with the local community elders.

Min 3/13/2019 Other Concerns

The locals suggested that they want some feeder roads around the area to ease the movement
of people and decongestion along the main road.
The community also suggested that they should be furnished with the final report when done
through their chief.
Min 4/13/2019 Adjournment
The public were thanked for actively attending and participating in the meeting by the
Consultant.
There being no other business the meeting was ended by a word of prayer from Assistant Chief
Abdulrahaman Golo at 2.00 pm.

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

2) Minutes of the Public Consultation Meeting Held on 22nd February 2019 at Gambella
Town at 10:30 am
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by 50 community members.

Min 1/11/2019: Preliminary

The meeting began at 10:30 am with a word of prayer by Mama Caro. The Assistant County
Commissioner introduced the community to meeting and expressed his apology for the few
members because many of the residents have travelled to go and sought a land issue and
expressed his support for the proposed project.
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/11/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-12
Zamconsult Consulting Engineers November 2019

at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
which the boarder with Garisa county. The project road is currently classified as RD A10 from
Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
classification by Ministry of Transport, Infrastructure, Housing and Urban Development
(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.
 Loss of pasture for livestock and wildlife.
 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals

Min 3/11/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.
Q1) Jobs and Employment
James Gatheri raised an issue on employment and consideration of the youth and women was
seconded by several others. The community suggested that the locals should be given the first
priority for jobs. They said that the contractor should not come with foreigners from other
places. They wanted all tribes in the area i.e. Meru, Borana, Turkanas, Somali to be considered
for jobs that may arise during the road construction.
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q2) Impact on People, Property and Public resources
Ann Nduko raised issues regarding the properties that are within the road reserve since the road
RoW will be widened from the current 40m to 60m -There were issues with people who did
not have title deeds on whether they are going to be compensated without the correct
documentation.
Response
 The Consultant explained to the community that any property or person’s land that will
be affected by the road widening will be compensated in order to restore/improve their
livelihoods since a detailed RAP was conducted and they confirmed the same.
 The Consultant explained that all land either with or without a title deed will be
compensated. He further enlightened the community that Article 63(2) of the Kenyan
Constitution, 2010 Community Land Act, 2016 classifies Community Land and defines
the privileges, rights of Community Land and procedures of acquiring it.
 Any community facility such as hospitals, schools, mosques will not be touched before
consultations with the community elders and compensation will be undertaken on the
same.
Q3) Impact/ Participation of Women, Youth and Marginalized Groups
Elijah sought to know how women, youth and people with disability will get special privileges
since they are normally marginalized in the community.
The women suggested that they are willing and able to take any form of employment available
Response
The Consultant told the community that the Kenya 2010 Constitution gives specific attention
to women, youth and other vulnerable groups
 He thus assured the public that the contractor will give these groups special attention
and equal opportunities in terms of jobs and tenders that will be available.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-14
Zamconsult Consulting Engineers November 2019

Q4) Social Infrastructure/Corporate Social Responsibility

John Olupa suggested that since most of the people at Gambella are farmers, the contractor
should build for them dams and drainage channels to their farms.
He also suggested that a health centre, schools and electricity connections should be given
consideration.
Response
The Consultant informed the public that a CSR component would be included in the ESIA
seeking to develop the area since it is a marginalized area. He asked the community to list
some of the CSR activities that the contractor should consider:
 A health centre
 The community suggested that dams, water pans and irrigation channels should be
constructed for the locals so as to assist the farmers during dry seasons.
 Schools both Primary and Secondary should be prioritized in this area. These should
be constructed with consultations of the local communities (Borana, Meru, Turkana,
and Somali)
 Training and Scholarship opportunities for the youth
 Electricity connection
Q5) Dust Emissions/ Pollution (Noise, Air etc.)
Mama Caro said that the construction of the road will result to dust emissions and noise
pollutions. They wanted to know how these pollutions will be minimized.
Response
The Consultant explained that Noise Pollution will be avoided by the following measures to
taken by the contractor:
 Avoiding noisy activities at night and also close to residential areas
 Workers will be provided with noise protective equipment
 Noise mapping of critical areas will be conducted.
Dust during construction and in specific near schools and market centres;
 Consultant proposed spraying water on dry and dusty surfaces regularly including the
access murram roads and diversions
Q6) Land Acquisition and Involuntary Resettlement/Displacement of persons
The chairman noted that since the RoW will be changed to 60m from the current 40m most of
their agricultural land will be acquired and some of their properties will be affected
Response
The Consultant informed the public that the following measures have been undertaken by the
government to prevent people properties.
 ▪ A Resettlement Action Plan (RAP) was commissioned before and community
concurred on that.
 ▪ Property valuation and compensation will follow suit.
 ▪ A public awareness program will be undertaken when construction commences.
Q7) Quarries and Borrow pits

The public wanted to know how the contractor will get soil and stones for the construction of
the road. The community suggested that locals should be consulted before quarries and borrow
pits are excavated.
Response
The consultant notified the public that the contractor in consultation with the community will
identify places where quarries and borrow pits will be located.
 The land owner on whose land the quarries will be located to be compensated; this was
affirmed and assured by the Consultant
Q8) Impact on Cultural Resources (graveyards, shrines and any other significant
cultural resource within the project area)
Fatuma Abduda said that there are significant number of baobab trees at Yaqbarsadi area which
are engraved with the names of their ancestors.
They suggested that these trees should be protected and not destroyed during construction
Response
The Consultant assured the public that any important cultural resource found in the area and
their potential relocation will be done under consultation with the local community and that a
chance find procedure will be included in the ESIA report.
Q9) Demand on Water Resources
There was an outcry from the community that the construction of the road will stress the
existing water resources since the area is water scarce. The public noted that they use boreholes
and water pans for farming and watering of livestock. They suggested that since most of them
are farmers the contractor should build dams for them so that they avoid overreliance on rain
fed agriculture.
Response
The Consultant respondent to the issues raised by the community by giving the following
responses:
 Since the area is a water scarce area, the existing water resources will be protected
and consultation will be undertaken before any interference.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
 The contractor will look on ways that he can help the local farmers on issues to do with
drainage
Q10) Livestock and Domestic Animals/Crossing points/ Water and Pasture areas
James Ekai wanted to know how accidents on domestic animals will be minimized since
vehicles will be travelling at a high speed. Several parts along the road are used by the
community for grazing cows, sheep, goats and camels since they are majorly a pastoralist
community. The public further suggested that there are watering points for animals along the
road e.g. Laghlaba river
They suggested that the contractor should mark the road with proper signage, erect bumps
along the grazing and watering areas and sensitize the pastoralists on road safety.
Response

The Consultant informed the community that:

 Crossing points will be created along the road close in consultation with the local
community so as to minimize accidents.
 Guard rails be put along dangerous places to avoid animals from crossing the road at
these places
 The Contractor will erect speedbumps, and rumble strips near village centres and
livestock crossing points
 Signage will be provided throughout the road length and especially in towns and
villages
Q11) Impacts on Wildlife/Migratory routes/Accidents
Aden Roba raised a concern that the area traversed by the road has wildlife like elephants,
gazelles, zebras, dikdiks, ostrich, hyenas and lions. They said with the exception of elephants
which follows specific routes (close to Ndumuru) the other animals roam freely along the road
corridor moving from Shaba National Reserve to Meru National Park and otherwise therefore
wanted to know how accidents can be minimized.
Response
The Consultant responded by notifying the community that:
 The contractor will work closely with the community to identify the wildlife corridors
 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
 Signage to be provided at wildlife corridor points
 Speed will be restricted by speed limit at these points
Q12) Road Safety & Quality Children crossing points/town centres and villages/ road
signage and facilities
Monica Nkirote raised an issue on the safety of the road since there are children who use the
road when going to school.
Community elders also noted that there are many drunkards in the area and the road could
result to accidents
She also cited the issue of road drainage, they said that most parts of the road are prone to
flooding during rainy season.
Response
The Consultant explained that:
 Road safety infrastructure will be provided at centres and at sensitive areas.
 Speed will be restricted by speed limit at these points
 A hydrological analysis had been undertaken in the design review to provide for the
flooding along the road, however the issue would be raised in the ESIA report.

Min 3/11/2019 Other Concerns

Min 4/11/2019 Adjournment

The public were thanked for actively attending and participating in the meeting by the
Consultant.
There being no other business the meeting was ended by a word of prayer from a community
elder at 1:30 pm

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

3) Minutes of the Public Consultation Meeting Held on 25th February 2019 at Ndumuru
Town at 11:30 am
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by 133 community members.

Min 1/12/2019: Preliminary

The meeting began at 11.30 am with a word of prayer from Joseph Kireria. The Assistant Chief
introduced the community to meeting and expressed his full support for the project and sought
the support of the people.
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/12/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-23
Zamconsult Consulting Engineers November 2019

which the boarder with Garisa county. The project road is currently classified as RD A10 from
Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
classification by Ministry of Transport, Infrastructure, Housing and Urban Development
(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.
 Loss of pasture for livestock and wildlife.
 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals

Min 3/12/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.
Q1) Jobs and Employment
Daniel makutho suggested that the locals should be given the first priority for jobs. He said that
at least 40% of the works should be from the area. They said that the contractor should not
come with foreigners from other places since they will resist.
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q2) Impacts on Wildlife Migratory routes/Accidents
Stephen Ekiru raised a concern that the area is traversed by the road has wildlife like elephants,
gazelles, zebras, dikdiks, ostrich, hyenas and lions.
They said with the exception of elephants which follows specific routes the other animals roam
freely along the road corridor moving from Shaba National Reserve to Meru National Park and
otherwise.
Response
The Consultant responded by notifying the community that:
 The contractor will work closely with the community to crossing areas for wildlife
 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
 Signage to be provided at wildlife corridor points
 Speed will be restricted by speed limit at these points
Q3) Livestock and Domestic Animals/Crossing points/ Water and Pasture areas
The Community wanted to know since how accidents on domestic animals will be minimized.
Several parts along the road are used by the community for grazing cows, sheep, goats and
camels since they are majorly a pastoralist community. The public further suggested that there
are watering points for animals along the road e.g. Laghlaba river
They suggested that the contractor should mark the road with proper signage, erect bumps
along the grazing and watering areas and sensitize the pastoralists on road safety.
Response
The Consultant informed the community that:
 The ESIA would incorporate crossing points for livestock in consultation with the
community.
 Guard rails be put along dangerous places to avoid animals from crossing the road at
these places

 The Contractor will erect speedbumps, and rumble strips near village centres and
livestock crossing points
 Signage will be provided throughout the road length and especially in towns and village
Q4) Demand on Water Resources
Halima Galicha raised an issue on the usage of water and suggested that the contractor should
construct boreholes to relief stress on the existing resources.
There was an outcry from the community that the construction of the road will stress the
existing water resources since the area is water scarce.
Response
The Consultant explained that:
 Since the area is a water scarce area, the existing water resources will be protected.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
Q5) Social infrastructure/corporate social responsibility
Peninah Kari raised an issue that this is a marginalized community and requires a lot
infrastructure to develop hence he made a plea to the government to consider building the
following infrastructure alongside the road construction to open up this area and have the
country move forward as one.
Education-Schools (both Primary and Secondary) are required in the area education is in a
pathetic state in the area. He include that this will reduce insecurity in the area.
University, Technical Training Institutes and Teachers College Water-Boreholes, water pans
and dams were also suggested by the community due to water scarcity in the area in the area.
He insisted that the area is very dry and water ids a big issues which normally bring conflict
and causes the death of many animals.
Hospital. He also insisted on building of good hospitals in the area since the town is growing
at a fast rate and the population is inserting pressure on the existing facilities.
Market. Ibrahim Mohamed insisted on a good market place for the animals and other products.
Response
The Consultant informed the public a CSR component would be proposed in the ESIA the
project seeking to develop the area since it is a marginalized area.
 He told them that the contractor has an obligation to help develop some social
infrastructural facilities in the area.
 He asked the community to list some of the CSR activities that the contractor should
consider because he might not be able to meet all of them but has to do at least some.
The community elders and chiefs should deliberate on this matter and set aside sites for
this infrastructure.
Q6) Dust Emissions/ Pollution (Noise, Air etc.)
Abdi Rashid Dida raised an issue on the noise pollution and dust generation during construction
and there schools and young children around. The community wanted to know how these
pollutions will be minimized.
Response

Noise Pollution and dust control

 The public were notified that the Contractor will abide by the Environmental
Management and Coordination (Noise and Excessive Vibration Pollution Control)
Regulations, 2009 Legal Notice No. 61
 Avoid noisy activities at night and also close to residential areas, schools, hospitals
and areas of worship
 Workers will be provided with noise protective Equipment
Dust during construction and in specific near schools and market centres; Consultant
suggested
 ▪ Water spraying on dry and dusty surfaces regularly including the access murram
roads and diversions
Q7) Impact on Cultural Resources (graveyards, shrines and any other significant
cultural resource within the project area)
Fatuma Abduda said that there are significant number of baobab trees at Yaqbarsadi area which
are engraved with the names of their ancestors.
They suggested that these trees should be protected and not destroyed during construction
Response
The Consultant assured the public that any important cultural resource found in the area and
their potential relocation will be done under consultation with the local community and that a
chance find procedure will be included in the ESIA report.
Q8) Demand on Water Resources
Regina Gitaru raised a concern that the construction of the road will stress the existing water
resources since the area is water scarce. The public noted that they use boreholes and water
pans for farming and watering of livestock. They suggested that since most of them are farmers
the contractor should build dams for them so that they avoid overreliance on rain fed
agriculture.
Response
The Consultant respondent to the issues raised by the community by giving the following
responses:
 Since the area is a water scarce area, the existing water resources will be protected
and consultation will be undertaken before any interference.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
Min 3/12/2019 Adjournment
The Consultant thank the public for coming out in large numbers to attend the meeting thanked
them also for actively participating in the meeting.
There being no other business the meeting was ended by a word of prayer from the sheikh at
2:00 pm

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

4) Minutes of the Public Consultation Meeting Held on 27th February 2019 at Kachuru
Town at 12:30 pm
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by 53 community members.

Min 1/15/2019: Preliminary

The meeting began at 12:30 pm with a word of prayer by Wario Mohamed. The Assistant Chief
introduced the community to meeting and expressed his full support for the project and sought
the support of the people and thanked the community creating time for the meeting even it was
a market day.
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/15/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-31
Zamconsult Consulting Engineers November 2019

Min 3/15/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.
Q1) Demand on Water Resources
Peter Murunge raised an issue that the construction of the road will stress the existing water
resources since the area is water scarce. The public noted that they use boreholes and water
pans for farming and watering of livestock. They suggested that since most of them are farmers
the contractor should build dams for them so that they avoid overreliance on rain fed
agriculture.
Response
The Consultant respondent to the issues raised by the community by giving the following
responses:
 Since the area is a water scarce area, the existing water resources will be protected
and consultation will be undertaken before any interference.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
 The contractor will look on ways that he can help the local farmers on issues to do with
drainage
Q2) Dust Emissions/ Pollution (Noise, Air etc.)
Silas Kabuya raised an issue on the noise pollution and dust generation during construction and
there schools and young children around. The community wanted to know how these
pollutions will be minimized.
Response
The Consultant explained that Noise Pollution will be avoided by the following measures to
taken by the contractor:
 Avoiding noisy activities at night and also close to residential areas
 Workers will be provided with noise protective equipment
Dust during construction and in specific near schools and market centres;
 Consultant proposed spraying water on dry and dusty surfaces regularly including the
access murram roads and diversions
Q3) Jobs and Employment
Wario Mohammed suggested that the locals should be given the first priority for jobs. He said
that at least 40% of the works should be from the area. They said that the contractor should not
come with foreigners from other places since they will resist.
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized

 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q4) Impact/ Participation of Women, Youth and Marginalized Groups
The women, youth and people with disability sought to know what special privileges will be
given to them.
The women suggested that they are willing and able to take any form of employment available
and they should be considered for tenders
The youth suggested that they should be given priority of employment and tenders, they should
be sponsored for training in technical courses and asked for rehabilitation programmes since
drug abuse is prevalent.
Response
The Consultant told the community that the Kenya 2010 Constitution gives specific attention
to women, youth and other vulnerable groups
He thus assured the public that the contractor will give these groups special attention and
equal opportunities in terms of jobs and tenders that will be available.
Q5) Impacts on Wildlife/Migratory routes/Accidents
Silas Kabuya noted that the road has various wildlife species - elephants, gazelles, dik diks,
ostrich, buffalos, giraffes, hyenas, lions and leopards -which could result to wildlife being
knocked down by vehicles.
The participants expressed that there is an existing elephant corridor / crossing point near
Kulamawe Centre with elephants moving from Shaba National Reserve to Meru National Park
and vice-versa.
Response
The Consultant responded by notifying the community that:
 The contractor will work closely with the community to identify the wildlife corridors
 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
 Signage to be provided at wildlife corridor points
 Speed will be restricted by speed limit at these points

Min 3/15/2019 Other Concerns

The locals suggested that electricity connection of the area should be prioritized. This will lead
to development of the area.
The community expressed their support for the project since it will improve their businesses
and ease transportation cost and time
Min 4/15/2019 Adjournment
The Consultant thank the public for coming out in large numbers to attend the meeting thanked
them also for actively participating in the meeting.
There being no other business the meeting was ended by a word of prayer from the sheikh at
3:30 pm

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

5) Minutes of the Public Consultation Meeting Held on 28th February 2019 at Kulamawe
Town at 2.00 pm
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by several community members.
Min 1/16/2019: Preliminary
The meeting was opened at 2PM by a word of prayer from the Sheikh. Kulamawe Chief –
Mr.Wario Halakhe and assistant Chief – Ali Olobe welcomed the members and Guests present.
The Chief thanked the members for being calm and attending the meeting in large numbers.
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/16/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
which the boarder with Garisa county. The project road is currently classified as RD A10 from
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-40
Zamconsult Consulting Engineers November 2019

Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
classification by Ministry of Transport, Infrastructure, Housing and Urban Development
(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.
 Loss of pasture for livestock and wildlife.
 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals
Min 3/16/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.

Q1) Jobs and Employment

The community was optimistic that the project would create numerous employment
opportunities for both skilled and unskilled labour alike during the construction and operational
phases.
The community noted that there are all types of needed skills within the area. Such skills
include; masons, carpenters, welders, plant operators and hence they should be prioritized.
They however expressed fears that the contractor would employ people from other regions
hence leaving them with no benefits. Members also expressed concerns that the project should
not benefit members of only one ethnic tribe and therefore suggested formation of a local
committee to assist the contractor.
The people also expressed hope that they would be able to access employment once the project
commences mostly as casual workers.
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q2) Impact on People, Property and Public resources
The community expressed fears regarding the properties that are within the road reserve since
the road RoW will be widened from the current 40m to 60m.
Further community expressed concerns that key social / religious facilities such as mosques
could be destroyed.
The residents also feared that since they do not have title deeds, they were going to lose their
land to the road project.
Response
 A Resettlement Action Plan (RAP) was commissioned to ensure property valuation and
compensation and the community confirmed the same.
 Adequate community consultations with the elders will be conducted before demolitions
are done.
 Article 63 of the Constitution of Kenya, 2010 (the Constitution) provides for
classification of land known as Community land providing for the recognition,
protection and registration of community land rights hence land under community is
protected.
Q3) Quarries and Borrow pits
The public wanted to know how the contractor will get soil and stones for the construction of
the road. The community suggested that locals should be consulted before quarries and borrow
pits are excavated.
Response
The consultant notified the public that the contractor in consultation with the community will
identify places where quarries and borrow pits will be located.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-42
Zamconsult Consulting Engineers November 2019

The land owner on whose land the quarries will be located to be compensated; this was
affirmed and assured by the Consultant
Q4) Dust Emissions/ Pollution (Noise, Air etc.)
The participants expressed concern over possibility of generation of large amounts of dust
which would affect schools and markets within the project site and surrounding areas because
of demolition, excavation works and transportation of building materials.
Response
The Consultant explained that Noise Pollution will be avoided by the following measures to
taken by the contractor:
 Avoiding noisy activities at night and also close to residential areas
 Workers will be provided with noise protective equipment
Dust during construction and in specific near schools and market centres;
 Consultant proposed spraying water on dry and dusty surfaces regularly including the
access murram roads and diversions
Q5) Social infrastructure/corporate social responsibility
The following CSR activities were highlighted by community as their needs;
 Dispensary – The area requires a healthcare facility that can reduce distance travelled
to seek medical attention. Further the health care should offer maternity care
 Security- Community need a vehicle that can be used to facilitate security operation in
the region
 Water – the existing (incomplete borehole in Kulamawe) should be completed to assist
the local people and their livestock access water
 Scholarships – Youth should be offered scholarships for training in technical courses.
Response
The Consultant informed the public a CSR component would be proposed in the ESIA the
project seeking to develop the area since it is a marginalized area.
Q6) Impact/ Participation of Women, Youth and Marginalized Groups
The locals expressed concern on whether women, youth and other marginalized groups would
benefit from the project. They expressed that women can handle all kind of jobs.
A youth expressed fears on whether they would be offered jobs.
Response
The Consultant told the community that the Kenya 2010 Constitution gives specific attention
to women, youth and other vulnerable groups
He thus assured the public that the contractor will give these groups special attention and
equal opportunities in terms of jobs and tenders that will be available.
Q7) Road Safety & Quality
The community feared that since the proposed road will be used by vehicles on high speed,
there would be high number of accidents at market centres. They also expressed fears over how
their school going children would cross the roads.
The residents were concerned that the current road is prone to flooding and hence this would
affect the new road leading to its destruction by floods.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-43
Zamconsult Consulting Engineers November 2019

Response
The Consultant explained that:
 Road safety infrastructure will be provided at centres and at sensitive areas.
 Speed will be restricted by speed limit at these points
 A hydrological analysis had been undertaken in the design review to provide for the
flooding along the road, however the issue would be raised in the ESIA report.
Q8) Impact on Cultural Resources (graveyards, shrines and any other significant
cultural resource within the project area)
The community feared that mosques close to the road especially at Kachuru and Kulamawe
would be destroyed.
Response
The Consultant assured the public that any important cultural resource found in the area and
their potential relocation will be done under consultation with the local community and that a
chance find procedure will be included in the ESIA report.
Q9) Livestock and Domestic Animals/Crossing points/ Water and Pasture areas
The local community / inhabitants along the road project are mainly pastoralists. They noted
that their livestock (cows, camels, goats, sheep and donkeys) graze along the road periphery
especially at Kulamawe, Ndumuru, Gambella and Kachuru areas. Based on this, the
community expressed fears that speeding vehicles might hit and kill their livestock. They also
noted that the road has sharp hills along which their livestock graze hence high likelihood of
speeding vehicles hitting their livestock.
The community further expressed fears that there are at least six (6) key livestock crossing
points between Kachuru and Kulamawe and hence livestock could be hit.
Response
The Consultant informed the community that:
 The ESIA would incorporate crossing points for livestock in consultation with the
community.
 Guard rails be put along dangerous places to avoid animals from crossing the road at
these places
 The Contractor will erect speedbumps, and rumble strips near village centres and
livestock crossing points
 Signage will be provided throughout the road length and especially in towns and village
Q10) Impacts on Wildlife/Migratory routes/Accidents
The community noted that the road has various wildlife species - elephants, gazelles, dik diks,
ostrich, buffalos, giraffes, hyenas, lions and leopards -which could result to wildlife being
knocked down by vehicles.
The participants expressed that there is an existing elephant corridor / crossing point near
Kulamawe Centre with elephants moving from Shaba National Reserve to Meru National Park
and vice-versa.
Response
The Consultant responded by notifying the community that:
 The contractor will work closely with the community to identify the wildlife corridors
 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-44
Zamconsult Consulting Engineers November 2019

 Signage to be provided at wildlife corridor points

 Speed will be restricted by speed limit at these points

Min 3/16/2019 Other Concerns

The locals suggested that electricity connection of the area should be prioritized. This will lead
to development of the area.
The community expressed their support for the project since it will improve their businesses
and ease transportation cost and time
Min 4/16/2019 Adjournment
The Consultant thank the public for coming out in large numbers to attend the meeting thanked
them also for actively participating in the meeting.
There being no other business the meeting was ended by a word of prayer from the sheikh at
3:30 pm

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

6) Minutes of the Public Consultation Meeting Held on 1st March 2019 at Boji Town at
10.00am
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by several community members.
Min 1/17/2019: Preliminary
The meeting was opened at 10.00am by a word of prayer from Elder Salad Buke. Boji Chief –
Aden Ibrahim welcomed the members and guests present. The Chief thanked the members for
being calm and patient despite the delay experienced in starting off the meeting..
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/17/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
which the boarder with Garisa county. The project road is currently classified as RD A10 from
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-50
Zamconsult Consulting Engineers November 2019

Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
classification by Ministry of Transport, Infrastructure, Housing and Urban Development
(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.
 Loss of pasture for livestock and wildlife.
 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals
Min 3/17/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.

Q1) Land Acquisition and Involuntary Resettlement/Displacement of persons

The public noted that since the Road Width will be changed to 60m from the current 40m most
of their properties will be affected hence asking the government to compensate them in an open
and transparent manner.
Response
 A Resettlement Action Plan (RAP) was commissioned to ensure property valuation and
compensation and the community confirmed the same.
 Adequate community consultations with the elders will be conducted before demolitions
are done.
 Article 63 of the Constitution of Kenya, 2010 (the Constitution) provides for
classification of land known as Community land providing for the recognition,
protection and registration of community land rights hence land under community is
protected.
Q2) Social infrastructure/corporate social responsibility
Chief Aden Ibrahim highlighted The following CSR activities as the needs in the
community and was supported by the community members:
 ▪ Youth-The Youth suggested that a Rehabilitation Centre should be prioritized
 ▪ University, Technical Training Institutes and Teachers College
 ▪ Water-Boreholes, water pans and dams were also suggested by the community due to
water scarcity in the area
 ▪ Education-Schools (both Primary and Secondary)
 ▪ Hospital
 ▪ Market
Response
The Consultant informed the public a CSR component would be proposed in the ESIA the
project seeking to develop the area since it is a marginalized area.
Q3) Road Safety & Quality
Amina Ibrahim raised an issue on the safety of the road since the vehicles will be moving at
high speed when the road is constructed, there are children and people along the road hence
accidents will be ramped.
She also cited the issue of road drainage, they said that the area is prone to flooding during
rainy season almost the entire area is flooded due to the poor soil and the bedrock is almost on
the surface hence good drainage system since the road will worsen the situation if not taken
care of.
Response
The Consultant explained that:
 Road safety infrastructure will be provided at centres and at sensitive areas.
 Speed will be restricted by speed limit at these points
 A hydrological analysis had been undertaken in the design review to provide for the
flooding along the road, however the issue would be raised in the ESIA report.
Q4) Jobs and Employment
The community suggested that the locals should be given the first priority for jobs. They said
that the contractor should not come with foreigners from other places.

They wanted all tribes in the area i.e. Meru, Borana, Turkanas, Somali to be considered for
jobs that may arise during the road construction.
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q5) Dust Emissions/ Pollution (Noise, Air etc.)
Hassan Guyo raised an issue with dust generation and noise pollution in the area during
construction He noted that the construction of the road will result to dust emissions and noise
pollutions. They wanted to know how these pollutions will be minimized to the lowest level
since the area is dry and the soil is dusty.
Response
The Consultant explained that Noise Pollution will be avoided by the following measures to
taken by the contractor:
 Avoiding noisy activities at night and also close to residential areas
 Workers will be provided with noise protective equipment
Dust during construction and in specific near schools and market centres;
 Consultant proposed spraying water on dry and dusty surfaces regularly including the
access murram roads and diversions
Q6) Impact/ Participation of Women, Youth and Marginalized Groups
The locals expressed concern on whether women, youth and other marginalized groups would
benefit from the project. They expressed that women can handle all kind of jobs.
A youth expressed fears on whether they would be offered jobs.
Response
The Consultant told the community that the Kenya 2010 Constitution gives specific attention
to women, youth and other vulnerable groups
He thus assured the public that the contractor will give these groups special attention and
equal opportunities in terms of jobs and tenders that will be available.
Q7) Demand on Water Resources
There was an outcry from the community that the construction of the road will stress the
existing water resources since the area is water scarce hence wanted to know how this can be
avoided or minimized
Response
The Consultant respondent to the issues raised by the community by giving the following
responses:

 Since the area is a water scarce area, the existing water resources will be protected
and consultation will be undertaken before any interference.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
 The contractor will look on ways that he can help the local farmers on issues to do with
drainage

Min 4/17/2019 Adjournment

The Consultant thank the public for coming out in large numbers to attend the meeting thanked
them also for actively participating in the meeting.
There being no other business the meeting was ended by a word of prayer from the sheikh at
12:30 pm

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

7) Minutes of the Public Consultation Meeting Held on 7th March 2019 at Modogashe
Town at 12.00 noon
Agenda
1. Preliminaries
2. Disclosure of the project/Project Description
3. Impacts of proposed project and mitigation measures from the community
4. Other Concerns
5. Adjournment
Members Present
The meeting was attended by 50 community members.
Min 1/18/2019: Preliminary
The meeting began at 10:10 am with a word of prayer by a community member. It was
coordinated by the Chief Yusuf and the Assistant County Commissioner (ACC).
The Consultant began by introducing the ESIA team to the community. He explained the
purpose of the meeting was to inform about the proposed project, collect views, positive or
negative from the general public and any other party who in any way will/ might be affected
by the proposed project within its project cycle. Further, he explained that pursuant to Article
10 (2) of the Constitution of Kenya, Section 3 (5a) of EMCA Cap 387 and Section 58 on
Environmental Impact Assessment, public participation is an important exercise in the national
values and principles of governance; and for achieving the fundamental principles of
sustainable development. He added that public participation forms part of the key component
in development as also provided in Section 87 & 113 of the County Governments Act, 2012.
Min 2/18/2019: Project Description
a) Project Design:
The Government of the Republic of Kenya (GoK) applied for a credit from the The World
Bank towards the cost of the North Eastern Transport Improvement Project (“NETIP”). The
GoK intends to use a portion of the proceeds of the credit for the upgrading to bitumen
standards of sections of the Isiolo-Modogashe road. The total length of the Isiolo-Modogashe
road is 190Km of which selected sections will be part of NETIP.
The project is aimed at enhancing connectivity between the people of this marginalized areas
with the rest of the country and the neighbouring countries of Somalia as well as Ethiopia. The
Isiolo-Mandera road traverses in a north-easterly direction from Isiolo Town (in Isiolo County)
through Meru County, Isiolo County (Second section of this road) Wajir County and Mandera
County which are situated in the North Eastern part of Kenya. The Consultant clarified that
this meeting was for consultation on the Isiolo-Modogashe road.
The project road starts from Isiolo town, at a T-junction with road A2 approximately 1Km from
Isiolo town Central Business District (CBD) and traverses for approximately 3Km in easterly
direction within Isiolo County. The alignment then exits Isiolo County into Meru County,
curving into a north-easterly direction traversing approximately 63Km to Kachiuru shopping
centre in Meru County, where it exits Meru County back to Isiolo to Kulamawe then terminate
at modogashe shopping centre. The alignment follows the existing Isiolo – Mandera road,
formerly classified as RD B9. Approximately 10km of the Alignment lies within Isiolo County
at the start then exits into Meru to Kachuru where it enters Isiolo County again to Modogashe
which the boarder with Garisa county. The project road is currently classified as RD A10 from
Isiolo to Kulamawe then B84 from Kula mawe to Modogashe junction under the new road
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-57
Zamconsult Consulting Engineers November 2019

classification by Ministry of Transport, Infrastructure, Housing and Urban Development

(MoTIHUD).
The Consultant further explained to the public that the current Right of Way (Road Width) of
40m will be changed to 60m since the road is now a class A road.
b) Social infrastructure Component
Quarries, Borrow Pits, Stockpiles and Spoil Areas the Contractor will make available any land
for quarries, borrow pits, stockpiles and spoil areas, except for those areas in road reserves
specifically approved by the resident engineer. The contractor will be entirely responsible for
locating suitable sources of materials complying with the Standard and Special Specifications
and for the procurement, mining, haulage to site of these materials and all costs involved
therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize these subject to the approval of the Engineer.
c) Safety and Public Health Requirements
This is an integral part of the project especially during the construction phase. Warning and
advisory notices, drugs and condoms will be provided for throughout the project duration. The
contractor shall allow for qualified professionals to conduct lectures to the workers regarding
the spread of HIV/Aids.
d) Advantages of the project
The Consultant explained that upon commencement of construction to completion and
operation, the Proposed Road is expected to bring the following advantages to the people of
the area
 Improve the region’s road network,
 Reduce travel time along and across the roads,
 Enhance the operational efficiency of the road,
 Promote economic growth within the region,
 Improve safety and reliability for all road users,
 Attract diverted traffic that will foster regional growth,
 Provide employment opportunities to local inhabitants, among other benefits
e) Some of the disadvantages the project
The Consultant also explained some of the negative effects of the project
 Dust generation during construction.
 Poor disposal of the waste materials from the construction.
 A possible increase in the spread of STDs, i.e. HIV and AIDS.
 Loss of pasture for livestock and wildlife.
 Possible disruption of the water table.
 Increased number of accidents during and after construction. There are wild and
domestic animals
Min 3/18/2019: Issues of the Proposed Road and Mitigation Measures as asked
by the participants
The following issues were raised on several impacts that are foreseen during the constructional
and operational phases of the proposed road.
Q1) Jobs and Employment
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-58
Zamconsult Consulting Engineers November 2019

The Chief Musa Daudi suggested that the locals should be given the first priority for jobs. He
said that atleast 70% of the works should be from the area. They said that the contractor should
not come with foreigners from other places since they will resist.
They wanted all tribes in the area i.e Meru, Borana, Turkanas, Somali to be considered for jobs
that may arise during the road construction and should be shared equally in clear and
transparent manner
Response
The Consultant informed the community that the construction of the road will require skilled
people such as masons, carpenters, welders, plant operators etc., semi-skilled and unskilled
people.
 Employment of locals will be prioritized
 A local committee made up of village elders, women and youth should be formed to
assist the contractor during employment
 The contractor should exhaust all available locals before looking for employees from
other places
Q2) Impacts on Wildlife/Migratory routes/Accidents
Salat boni raised a concern that the area is traversed by the road has wildlife like elephants,
gazelles, zebras, dikdiks, ostrich, hyenas and lions.
They said with the exception of elephants which follows specific routes the other animals roam
freely along the road corridor moving from Shaba National Reserve to Meru National Park and
otherwise.
Response
The Consultant responded by notifying the community that:
 The contractor will work closely with the community to identify the wildlife corridors
 Speed-bumps and guard rails will be constructed at wildlife migratory corridoes
 Signage to be provided at wildlife corridor points
 Speed will be restricted by speed limit at these points
Q3) Demand on Water Resources
Halima Galicha raised an issue on the usage of water and suggested that the contractor should
construct boreholes to relief stress on the existing resources.
There was an outcry from the community that the construction of the road will stress the
existing water resources since the area is water scarce.
Response
The Consultant respondent to the issues raised by the community by giving the following
responses:
 Since the area is a water scarce area, the existing water resources will be protected
and consultation will be undertaken before any interference.
 The contractor will consult the local community before drilling boreholes or
abstracting water for his use. Boreholes can be drilled close to the centres to benefit
the local community. The boreholes could be surrendered to the community after
construction works.
 The contractor will look on ways that he can help the local farmers on issues to do with
drainage

Q4) Livestock and Domestic Animals/Crossing points/ Water and Pasture areas
Abdi Haji boru wanted to know how accidents will be minimized since accidents on domestic
animals will increase due to the high speed of vehicles. Several parts along the road are used
by the community for grazing cows, sheep, goats and camels since they are majorly a pastoralist
community.
The public further suggested that there are watering points for animals along the road which
need to be considered.
They suggested that the contractor should mark the road with proper signage, erect bumps
along the grazing and watering areas and sensitize the pastoralists on road safety.
Response
The Consultant informed the community that:
 Their recommendations would be incorporated in the ESIA
 The ESIA would incorporate crossing points for livestock in consultation with the
community.
 Guard rails be put along dangerous places to avoid animals from crossing the road at
these places
 The Contractor will erect speedbumps, and rumble strips near village centres and
livestock crossing points
 Signage will be provided throughout the road length and especially in towns and village
Q5) Dust Emissions/ Pollution (Noise, Air etc.)
Ali Wario raised an issue on construction of the road will result to dust emissions and noise
pollutions which is a nuisance. Dust causes eye irritation and diseases. They wanted to know
how these pollutions will be minimized.
Response
The Consultant explained that Noise Pollution will be avoided by the following measures to
taken by the contractor:
 Avoiding noisy activities at night and also close to residential areas
 Workers will be provided with noise protective equipment
Dust during construction and in specific near schools and market centres;
 Consultant proposed spraying water on dry and dusty surfaces regularly including the
access murram roads and diversions
Q6) Road Safety & Quality
Abdi Haji Boru had an issue on the safety of the road since there are children who use the road
in all the points especially near schools and the mosque hence he asked how this issue can be
mitigated.
The community also cited the issue of road drainage, they said that most parts of the area is flat
and prone to flooding during rainy season hence with construction of the road the situation
might worsen .hence the community was asking on ways to mitigate this scenario.
Response
The Consultant explained that:
 Road safety infrastructure will be provided at centres and at sensitive areas.
 Speed will be restricted by speed limit at these points

 A hydrological analysis had been undertaken in the design review to provide for the
flooding along the road, however the issue would be raised in the ESIA report.
Q7) Impact on Cultural Resources
The locals said that there was a grave yard which might be affected by the construction of the
road and according to muslim culture no one is allowed to touch the graveyards. It’s a taboo
and against the community norms and culture. So they suggested that it is important for the
government to look for solutions to this before construction commences.
Suggested that if possible the road should be shifted a bit.
Response
The Consultant assured the public that any important cultural resource found in the area and
their potential relocation will be done under consultation with the local community and that a
chance find procedure will be included in the ESIA report.
Q8) Social infrastructure/corporate social responsibility
The Assistant Chief Dida Abdi raised an issue that this is a marginalized community and
requires a lot infrastructure to develop hence he made a plea to the government to consider
building the following infrastructure alongside the road construction to open up this area
and have the country move forward as one.
 Education-Schools (both Primary and Secondary) are required in the area education is
in a pathetic state in the area. He include that this will reduce insecurity in the area.
 University, Technical Training Institutes and Teachers College Water-Boreholes, water
pans and dams were also suggested by the community due to water scarcity in the area
in the area. He insisted that the area is very dry and water ids a big issues which
normally bring conflict and causes the death of many animals.
 Hospital. He also insisted on building of good hospitals in the area since the town is
growing at a fast rate and the population is inserting pressure on the existing facilities.
 Market. Ibrahim Mohamed insisted on a good market place for the animals and other
products.
Response
The Consultant informed the public a CSR component would be proposed in the ESIA the
project seeking to develop the area since it is a marginalized area.

Min 3/18/2019 Adjournment

Minutes Drafted by: Justus Lemein - ESIA Technical Assistant

Minutes Confirmed by: Dr. Eng Zablon Oonge – ESIA Consultant

11.2.2 Public Participation Photos

Figure 11-1: Public Consultation Meeting at Isiolo

Figure 11-2: Stakeholder Feedback during the Isiolo Meeting

Figure 11-3: Public Consultation Meeting in Gambella

Figure 11-4: Community Feedback during Gambella Meeting

Figure 11-5: Public Consultation in Ndumuru

Figure 11-6: Stakeholder Feedback during Ndumuru Meeting

Figure 11-7: Kachuru Public Consultation Meeting

Figure 11-8: Public Consultation in Kulamawe

Figure 11-9: Public Consultation Meeting in Boji

11.3 CHANCE FIND PROCEDURES

Chance find procedures are an integral part of the project ESMP and civil works contracts. The
following is proposed in this regard:
 If the Contractor discovers archeological sites, historical sites, remains and objects,
including graveyards and/or individual graves during excavation or construction, the
Contractor shall:
 Stop the construction activities in the area of the chance find;
 Delineate the discovered site or area;
 Secure the site to prevent any damage or loss of removable objects. In cases of
removable antiquities or sensitive remains, a night guard shall be arranged until the
responsible local authorities or the Ministry of State for National Heritage and Culture
take over;
 Notify the supervisor, Project Environmental Officer and Project Engineer who in turn
will notify the responsible local authorities and the Ministry of State for National
Heritage and Culture immediately (within 24 hours or less);
Ideally the Ministry of State for National Heritage and Culture would be in charge of any
potential physical and cultural site, however due to the location and accessibility of the project
area, the responsibility will be held by local authorities and religious leaders in the protection
and preservation of the site before deciding on subsequent appropriate procedures. This would
require a preliminary evaluation of the findings to be performed by the archaeologists of the
National Museums of Kenya. The significance and importance of the findings should be
assessed according to the various criteria relevant to cultural heritage, namely the aesthetic,
historic, scientific or research, social and economic values.
Decisions on how to handle the find shall be taken by the responsible authorities and the
Ministry of State for National Heritage and Culture. This could include changes in the layout
(such as when finding irremovable remains of cultural or archeological importance)
conservation, preservation, restoration and salvage.
Implementation for the authority decision concerning the management of the finding shall be
communicated in writing by relevant local authorities.
Construction work may resume only after permission is given from the responsible local
authorities or the Ministry of State for National Heritage and Culture concerning safeguard of
the heritage.

11.4 SAMPLE CODE OF CONDUCT

Individual Code of Conduct

I, ______________________________, acknowledge that adhering to environmental, social

health and safety (ESHS) standards, following the project’s occupational health and safety
(OHS) requirements, and preventing gender based violence (GBV) and violence against
children (VAC) is important.
The Contractor considers that failure to follow ESHS and OHS standards, or to partake in GBV
or VAC activities be it on the work site, the work site surroundings, at workers’ camps, or the
surrounding communities constitute acts of gross misconduct and are therefore grounds for
sanctions, penalties or potential termination of employment by a The Contractor worker.
Prosecution by the Police of those who commit GBV or VAC may be pursued where applicable
and appropriate.
I accept that while working on the project, I will:

1. Attend and actively partake in training courses related to ESHS, OHS, HIV/AIDS, GBV
and VAC as requested by my employer.
2. Will wear my personal protective equipment (PPE) at all times when at the work site
or engaged in project related activities.
3. Take all practical steps to implement the The Contractor’s environmental and social
management plan (CESMP).
4. Implement the OHS Management Plan.
5. Adhere to a Zero-Alcohol policy during working hours, and refrain from the use of
narcotics or other substances which can impair my reasoning capacities at all times.
6. Consent and produce Police code of good contact when asked to provide one.
7. Treat women, children (persons under the age of 18), and men with respect regardless
of race, color, language, religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status.
8. Not use language or behavior towards women, children or men that is inappropriate,
harassing, abusive, sexually provocative, demeaning or culturally inappropriate.
9. Not engage in sexual harassment for instance, making unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct, of sexual nature, including
subtle acts of such behavior (e.g. looking somebody up and down; kissing, howling or
smacking sounds; hanging around somebody; whistling and catcalls; giving free rides to minors
or any form of personal gifts; making comments about somebody’s sex life).
10. Not engage in sexual favors for instance, making promises or favorable treatment
dependent on sexual acts or other forms of humiliating, degrading or exploitative behavior.
11. Not participate in sexual contact or activity with children including grooming, or
contact through digital media. Mistaken belief regarding the age of a child is not a defense.
Consent from the child is also not a defense or excuse.

12. Unless there is the full consent by all parties involved, I will not have sexual interactions
with members of the surrounding communities. This includes relationships involving the
withholding or promise of actual provision of benefit (monetary or non-monetary) to
community members in exchange for sex such sexual activity is considered “non-consensual”
within the scope of this Code.
13. Consider reporting through the GRM or to my manager any suspected or actual GBV
or VAC by a fellow worker, or any breaches of this Code of Conduct.

With regard to children under the age of 18:

14. Wherever possible, ensure that another adult is present when working in the proximity
of children.
15. Not invite unaccompanied children into my home, unless they are at immediate risk of
injury or in physical danger and where this happens, an entry into the occurrence book is made
giving all particulars and circumstances.
16. Not sleep close to unsupervised children unless absolutely necessary, in which case I
must obtain my supervisor's permission, and ensure that another adult is present if possible.
17. Use any computers, mobile phones, or video and digital cameras appropriately, and
never to exploit or harass children or to access child pornography through any medium (see
also “Use of children's images for work related purposes”).
18. Refrain from physical punishment or discipline of children).
19. Refrain from hiring children for domestic or other labor which is inappropriate given
their age or developmental stage, which interferes with their time available for education and
recreational activities, or which places them at significant risk of injury.
20. Comply with all relevant local legislation, including labor laws in relation to child labor.
21. Use of children's images for work related purposes.
22. When photographing or filming a child for work related purposes, I must:
Before photographing or filming a child, assess and endeavor to comply with local traditions
or restrictions for reproducing personal images.
• Before photographing or filming a child, obtain informed consent from the child and a
parent or guardian of the child. As part of this I must explain how the photograph or film will
be used.
• Ensure photographs, films, videos and DVDs present children in a dignified and
respectful manner and not in a vulnerable or submissive manner.
• Children should be adequately clothed and not in poses that could be seen as sexually
suggestive.
• Ensure that the photographing or filming is within an environment that does not
contribute to or infringe on the safety, security, personality or any other rights of children or in
contravention of local and international standards of ethics relating to children.
23. Ensure images are honest representations of the context and the facts.

24. Ensure file labels do not reveal identifying information about a child when sending
images electronically.
25. Refrain from engaging in any form of purchases/ trade on merchandise from minors,
be it food or otherwise to ensure no labour is sourced from children to prepare or distribute the
merchandise.

I understand that the onus is on me to use common sense and avoid actions or behaviors that
could be construed as GBV or VAC or breach this code of conduct.
Sanctions
I understand that if I breach this Individual Code of Conduct, my employer will take
disciplinary action which could include but not limited to:

1. Informal warning.
2. Formal warning.
3. Additional Training or referral to behavior correction institution(s).
4. Loss of up to one week’s salary.
5. Suspension of employment (without payment of salary), for a minimum period of 1
month up to a maximum of 6 months.
6. Summary termination of employment.
7. Report to and arrest by the Police if warranted.
8. Prosecution and sentencing as per the law.

I understand that it is my responsibility to ensure that the environmental, social, health and
safety standards are met. That I will adhere to the occupational health and safety management
plan. That I will avoid actions or behaviors that could be construed as GBV or VAC. Any such
actions will be a breach of this Individual Code of Conduct. I do hereby acknowledge that I
have read the foregoing Individual Code of Conduct, do accept and agree to comply with the
standards contained therein and understand my roles and responsibilities to prevent and
respond to ESHS, OHS, GBV and VAC issues. I understand that any action inconsistent with
this Individual Code of Conduct or failure to act as mandated by this Individual Code of
Conduct may result in disciplinary action and may affect my ongoing employment.
Company name: _________________________

Title: _________________________

Name: _________________________

Signature: _________________________

ID No/Passport No. ______________________

Date: _________________________

Manager’s Code of Conduct

ICT Managers at all levels have a responsibility to uphold the company’s commitment of
implementing the ESHS and OHS standards, and preventing and addressing GBV and VAC.
This means the managers have an important role in creating and maintaining an environment
which prevents GBV and prevents VAC. They need to support and promote the implementation
of the Company and Individual Codes of Conduct. To that end, the managers must adhere to
this Manager’s Codes of Conduct and sign the individual code of conduct. This commits them
to supporting the implementation of the CESMP and the OHS Management Plan, and
developing systems that facilitate implementation of GBV and VAC Action Plan. They need
to maintain a safe workplace, as well as a GBV and VAC free environments both at the
workplace and in the local community. These responsibilities include but are not limited to:

Mobilization
1. Establish a GBV and VAC Compliance Team (GCCT) from the contractor’s and
consultant’s staff to write an Action Plan that will implement the GBV and VAC Codes of
Conduct.
2. The Action Plan shall, as a minimum, include the
a. Standard Reporting Procedure to report GBV and VAC issues through the project
Grievance Response Mechanism (GRM);
b. Accountability Measures which will be taken against perpetrators; and,
c. Response Protocol applicable to GBV survivors/survivors and perpetrators.
3. Coordinate and monitor the development of the Action Plan and submit for review to
the contractor and consultant’s safeguards teams, as well as the World Bank prior to
mobilization.
4. Update the Action Plan to reflect feedback and ensure the Action Plan is carried out in
its entirety.
5. Provide appropriate resources and training opportunities for capacity building so
members of the GCCT feel confident in performing their duties. Participation in the GCCT will
be recognized in employee’s scope of work and performance evaluations.
6. Ensure that contractor, consultant and client staff is familiar with the GRMC and that
they can use it to anonymously report concerns over GBV and VAC.
7. Hold quarterly update meetings with the GCCT to discuss ways to strengthen resources
and GBV and VAC support for employees and community members.

Implementation

1. To ensure maximum effectiveness of the company and individual code of conduct by

ensuring the following:
I. Prominently displaying the company and Individual Codes of Conduct in clear view at
workers’ camps, offices, and in public areas of the work space. Examples of areas include
waiting, rest and lobby areas of sites, canteen areas and health clinics.
II. Ensuring all posted and distributed copies of the company and Individual Codes of
Conduct are translated into the appropriate language of use in the work site areas as well as for
any international staff in their native language
III. Verbally and in writing explain company and Individual Codes of Conduct to all staff.

Ensure that:
1. All employees sign the ‘Individual Code of Conduct’, including acknowledgment that
they have read and accept and agree with the Code of Conduct.
2. Staff lists and signed copies of the Individual Code of Conduct are provided to the
Resident Engineer, and the Client (KeNHA).
3. Participate in planned trainings.
4. Put in place a mechanism for staff to:
• Report concerns on ESHS or OHS compliance; and,
• Confidentially report GBV or VAC incidents through the Grievance Redress
Mechanism (GRM)
5. Staff are encouraged to report suspected or actual ESHS, OHS, GBV or VAC issues,
emphasizing the staff’s responsibility to company and the Project, and emphasizing the respect
for confidentiality. In compliance with applicable laws and to the best of your abilities, prevent
perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use Police
code of good conduct as reference checks for all employees.
6. Ensure that when engaging in partnership, sub-contractor, supplier or similar
agreements, these agreements should be considered:
I. Incorporate the ESHS, OHS, GBV and VAC Codes of Conduct as an attachment.
II. Include the appropriate language requiring such contracting entities and individuals,
and their employees and volunteers, to comply with the Individual Codes of Conduct.
III. Expressly state that the failure of those entities or individuals, as appropriate, to ensure
compliance with the ESHS and OHS standards, take preventive measures against GBV and
VAC, to investigate allegations thereof, or to take corrective actions when GBV or VAC has
occurred, shall not only constitute grounds for sanctions and penalties in accordance with the
Individual Codes of Conduct but also termination of contracts to work on or supply the project.
IV. Provide support and resources to the GRM to create and disseminate internal
sensitization initiatives through the awareness-raising strategy under the GBV and VAC Action
Plan.
7. Ensure that any GBV or VAC issue warranting Police action is reported to the Police,
the client immediately.
8. Report any suspected or actual acts of GBV and/or VAC to the Project Manager and
Resident Engineer.
Final Environmental & Social Impact Assessment Project Report for Consultancy Services for: Reviewing and Updating of the
Environmental and Social Impact Assessment (ESIA) for the Proposed Upgrading to Bitumen Standards of Isiolo – Modogashe
Road Section 190km (A10/B84) 11-74
Zamconsult Consulting Engineers November 2019

9. Ensure that any major ESHS or OHS incidents are reported to the Resident Engineer
and Client immediately.
Training
1. The managers are responsible for:
i. Ensuring that the OHS Management Plan is implemented, with suitable training
required for all staff, including sub-contractors and suppliers; and,
ii. Ensuring that the staff have a correct understanding of the CESMP and are trained as
appropriate to implement the CESMP requirements.
2. All managers are required to attend an induction manager training course prior to
commencing work on site to ensure that they are familiar with their roles and responsibilities
in upholding the GBV and VAC elements of the Codes of Conduct. This training will be
separate from the induction training course required of all employees and will provide
managers with the necessary understanding and technical support needed to begin to develop
the Action Plan for addressing GBV and VAC issues.
3. Provide time during work hours to ensure that direct reports attend the mandatory
facilitated induction GBV and VAC training required of all employees prior to commencing
work on site.
4. Ensure that direct reports attend the monthly mandatory training course required of all
employees to combat increased risk of GBV and VAC during civil works.
5. Managers are required to attend and assist with the project facilitated monthly training
courses for all employees. Managers will be required to introduce the trainings and announce
the self-evaluations.
14. .Collect satisfaction surveys to evaluate training experiences and provide advice on
improving the effectiveness of training.
15. Ensure that time is provided during work hours and that staff prior to commencing work
on site attend the mandatory project facilitated induction training on:
I. OHS and ESHS; and,
II. GBV and VAC required of all employees.
16. During Civil Works, ensure that the staff attend ongoing OHS and ESHS training, as
well as the monthly mandatory refresher training course required of all employees to combat
increased risk of GBV and VAC.

Prevention
17. All managers and employees shall receive a clear written statement of the company’s
requirements with regards to preventing GBV and VAC in addition to the training.
18. Managers must verbally and in writing explain the company and individual Codes of
Conduct to all direct reports.
19. All managers and employees are to sign the individual ‘Code of Conduct for GBV and
VAC, including acknowledgment that they have read and agree with the code of conduct.
20. To ensure maximum effectiveness of the Codes of Conduct, managers are required to
prominently display the Company and Individual Codes of Conduct in clear view in public

areas of the work space. Examples of areas include waiting, rest and lobby areas of sites,
canteen areas, health clinics.
21. All posted and distributed copies of the Company and Individual Codes of Conduct
should be translated into the appropriate language of use in the work site areas (ex. Kiswahili,
English).
22. Managers will encourage employees to notify the GRM of any acts of threats or
violence to women or children they have witnessed or received, or have been told that another
person has witnessed or received, or any breaches of this Code of Conduct.
23. Managers should also promote internal sensitization initiatives (e.g. workshops,
campaigns, on-site demonstrations etc.) throughout the entire duration of their appointment in
collaboration with the GCCT and in accordance to the Action Plan.
24. Managers must provide support and resources to the GCCT to create and disseminate
the internal sensitization initiatives through the Awareness-raising strategy under the Action
Plan.

Response
25. Managers will be required to take appropriate actions to address any ESHS or OHS
incidents.
26. With regard to GBV and VAC:
i. Provide input to the GBV and VAC Allegation Procedures and Response Protocol
developed by the GRM as part of the final cleared GBV and VAC Action Plan.
ii. Company managers will uphold the Accountability Measures set forth in the GBV and
VAC Action Plan to maintain the confidentiality of all employees who report or (allegedly)
perpetrate incidences of GBV and VAC (unless a breach of confidentiality is required to protect
persons or property from serious harm or where required by law).
iii. Where a manager develops concerns or suspicions regarding any form of GBV or VAC
by one of his/her employee s/he is required to report the case using the GRM.
iv. Once a sanction has been determined, the relevant manager is expected to be personally
responsible for ensuring that the measure is effectively enforced, within a maximum timeframe
of 14 days from the date on which the decision to sanction was made
v. Where a Manager has a conflict of interest due to personal or familial relationships with
the survivor and/or perpetrator, he/she must notify the company and the GRM. the company
will be required to appoint another manager without a conflict of interest to respond to
complaints.
vi. Ensure that any GBV or VAC issue warranting Police action is reported to the Police,
the Resident Engineer, Client and the World Bank immediately.
27. Managers failing to address ESHS or OHS incidents, or failing to report or comply with
the GBV and VAC provisions may be subject to disciplinary measures, to be determined and
enacted by company Project Manager. Those measures may include:
i. Informal warning.
ii. Formal warning.
iii. Additional Training.

iv. Loss of up to one week's salary.

v. Suspension of employment (without payment of salary), for a minimum period of 1
month up to a maximum of 6 months.
vi. Termination of employment.
vii. Prosecution as per the law
28. Ultimately, failure to effectively respond to ESHS, OHS, GBV and VAC cases on the
work site by company CEO or the Project Manager may provide grounds for legal actions by
the relevant authorities.
I do hereby acknowledge that I have read the Foregoing Manager’s Code of Conduct, do accept
and agree to comply with the standards contained therein and understand my roles and
responsibilities to prevent and respond to ESHS, OHS, GBV and VAC requirements. I
understand that any action inconsistent with this Manager’s Code of Conduct or failure to act
as mandated by this Manager’s Code of Conduct may result in disciplinary action.

Company name: _________________________

Title: _________________________

Name: _________________________

Signature: _________________________

ID No/Passport No. ___________________

Date: _________________________

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