ENVIRONMENTAL IMPACT ASSESSMENT REPORT

FOR

PROPOSED - COMMERCIAL BUILDING ON PLOT

NUMBER,

FIVE (5), MWANIKA MARKET KITHOKA. NYAKI WEST WARD,

NORTH IMENTI

SUBCOUNTY, MERU COUNTY

PROPONENT:

MRS. LUCY MAKENA MBURUGU

PRESENTED TO:

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)

MERU COUNTY

This report is done in accordance with the requirements of the Environmental Impact
Assessment and Audit Regulations, 2019,
Pursuant to the Environmental Management and Coordination Act, (EMCA) 1999
Amended 2015.

LEAD CONSULTANT

BONFACE K MANYARA (LEAD EXPERT)

P.O. BOX 6-60300
ISIOLO
EMAIL: [email protected]

MARCH 2021
CERTIFICATION:
Assignment:

To carry out an environmental impact assessment for the commercial development

on Plot No. 5 MWANIKA Market-Kithoka, Meru.

Report title:

Environmental impact assessment project report

Site name: Proposed Commercial Development
Site address: P. O BOX 160 Meru.
Land reference; PLOT No. 5 Mwanika Market.

Lead expert;
Bonface Koome
P.o. box 6-60300 Isiolo, Kenya
REG. NO. 2534

Signed………………………………………………………… date ……………….

For Bonemace consultants

Proponent:

Mrs. Lucy Makena Mburugu

P.o box 160-60200

MERU

Signed……………………………………………………………….date………….

For-

Disclaimer:
This environmental impact assessment project report is strictly confidential of Mrs.
Lucy Makena Mburugu (the proponent) and any use of the materials thereof
should be strictly in accordance with the agreement between the proponent and
Bonemace consultants (the EIA expert). It is, however, subject to conditions in the
environmental (impact assessment and audit) regulations, 2019.

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TABLE OF CONTENTS
EXPERTS INFORMATION AND CLIENT CERTIFICATION ...................................... 2
1.0 INTRODUCTION ........................................................................................................ 7
1.1 Terms of reference .................................................................................................. 10
2.0 LEGISLATIVE AND REGULATORY FRAMEWORKS .................................. 12
2.1 The Physical Planning Act Cap 286 ....................................................................... 12
2.2 Environmental Management and Coordination Act (EMCA) of 2013 ................... 12
2.4 The Public Health Act ............................................................................................. 13
2.6 Codes and Standards ............................................................................................... 13
2.7 The Water Quality Regulations (2006) and Waste Management Regulations ....... 13
2.8 The National Poverty Eradication Plan (NPEP) and the Poverty Strategies Paper
(PRSP)........................................................................................................................... 14
2.9 The Building Code ............................................................................................ 15
2.10 Other legislations .............................................................................................. 15
3.0 STUDY METHODOLOGY ....................................................................................... 16
3.1 Public Participation and Analysis .........................................................................
4.0 PROJECT DESCRIPTION ......................................................................................... 17
4.1 Location .................................................................................................................. 17
4.2 Neighborhood description....................................................................................... 17
4.3 Infrastructural development .................................................................................... 17
4.4 Flora and Fauna....................................................................................................... 17
5.0 PROJECT DESIGN .................................................................................................... 18
5.1 Floors ..........................................................................................................................
6.0 PROJECT ACTIVITIES ....................................................................................... 18
6.1 Planning .................................................................................................................. 18
6.2 Construction Phase.................................................................................................. 18
6.4 Operation Phase ...................................................................................................... 19
6.5 Final Decommissioning Phase ................................................................................ 20
7.0 POTENTIAL ENVIRONMENTAL IMPACTS................................................... 21
7.1 Negative Impacts on the Natural Environment ................................................. 21
7.1.1 Construction phase ........................................................................................ 21
7.1.2 Operation phase ........................................................................................ 21

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 7.2 Positive impacts of the project ........................................................................ 234
8.0 ENVIRONMENTAL MONITORING AND MANAGEMENT................................ 25
8.1 Construction phase .................................................................................................. 25
8.2 Operational Phase ................................................................................................... 26
8.3 The Decommissioning Phase .................................................................................. 27
9.0 ENVIRONMENTAL MONITORING PLAN ...................................................... 28
10.0 CONCLUSIONS AND RECOMMENDATIONS ................................................... 31

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LIST OF TABLES
Table 1: Project Approvals………………………………………………………………18
Table2: Environmental Management/ Monitoring Plan for the construction phase of the
project……………………………………………………………………………………26
Table 3 : Environmental Management Plan for the operational phase of the project..... 288
Table 4: Environmental Management Plan for the Decommissioning Phase................. 293

LIST OF FIGURES

Fig 1: SITE PHOTO………………………………………………………………….....15

Fig 2: Meru County Map showing the proposed site & Google excerpts…………….... 40

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EXCECUTIVE SUMMARY
The need to undertake an Environmental Impact Assessment is a legal requirement as
stipulated by the Environmental Management and Coordination Act (EMCA of 1999-
amended 2015) and subsequent regulations and legislations. In the Act, projects of a
given scale are legally required to have an assessment of the project site and a detailed
analysis of expected positive and negative impacts on the environment, the neighboring
publics and their properties. This is aimed towards a sustainable development that
enhances the wellbeing of total environment. The private sector has continued growing in
the current years and consequently playing a major role in Kenya’s economy through
provision of employment opportunities and as a result improving the livelihoods of
Kenyan citizenry. The proponent of this project is an entrepreneur who has felt the need
of constructing a commercial building. This will enhance the increase of the houses
having in mind that Meru has an increasing demand for commercial and residential
houses given its current and projected population growth.
The proponent of the above mentioned project is set to benefit from the vibrant business
in the region, and so does the local community in terms of economic growth, area
development and employment opportunities. However, before any sort of development is
undertaken on any site, it is the expectation of the Government agency in charge of the
environment (National Environment Management Authority) that all proposed projects
should undergo environmental impact assessment. This EIA was carried out to find the
impacts of the proposed project on the environment and to the community not
withstanding their positive or negative aspects. The preparation of this environmental
Impact Assessment report is therefore a statutory requirement as above noted. In addition,
it has been made a requirement by commercial banks before they can process a loan
towards development projects.

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CHAPTER ONE
INTRODUCTION
In accordance with section 58 (2) of the Environmental Management and Coordination
Act of 1999 which requires that all proposed projects likely to have negative impact on
the environment be subjected to Environmental Impact Assessment and a report thereof
submitted the national Environmental Management Authority (NEMA) for issuance of
EIA license, the project proponent has engaged the services of an EIA/EA registered firm
of experts to undertake EIA on the proposed commercial development and thereafter
compile an EIA report for submission to NEMA.

In the preparation of the project report, the lead expert followed the guidelines contained
in the EIA regulations under legal notice No. 101 of June 2003. In the EIA study, the
team of experts have concisely described the project location as well as the baseline
environment. Further the objective of the project is expressly stated. The views and
inputs of site neighbours, members of the public and the affected and interested parties
have been sought and incorporated in this report. Various project alternatives have been
analyzed and a justification made for the preferred alternative.

Moreover, this report has described the potentially affected environment and also
identified, predicted and evaluated the environment and social impacts associated with
the proposed project.

Ultimately, this report has made recommendation for the mitigation of potential adverse
environmental and social-economic impacts and also generated an environmental
management plan as framework for implementation of mitigation measures, a guide for
environmental monitoring and basis for future environmental audits.
The proponent will contribute to private-public sector initiative to boost the country’s
economic recovery, improve infrastructure and return the economy back to the
envisioned medium term growth path.

1.1 Project Objectives

The principal objective of the project is to avail a modern commercial house for rental,
create job opportunities and generation of incomes. The experts’ interest was therefore to
ensure adequate identification of potentially negative environmental impacts, propose
workable mitigation measures and propose an environmental management & monitoring
plan for the project. The summary of these objectives is as follows;

 To identify the potential environmental impacts resulting from the

proposed development.
 To assess the significance of these impacts
 To assess the alternative plans, designs and sites of proposed projects
 To propose the mitigation measures against these negative effects
 To generate baseline data on how mitigation and evaluation measures are
carried out during implementation of the project.
 To present information on environmental impacts of proposed alternatives.

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  To prepare environmental management and monitoring plans for the
proposed project.
 To assess the compliance of the project with provisions of legal,
institutional frameworks as provided in EMCA 1999.
 To suggest measures to prevent health and safety hazards and to ensure
security in the working environment for the employees, residents and for
the management in case of emergencies. This encompasses prevention and
management of the foreseeable accidents and hazards during both the
construction and occupational phases.

1.2 Scope of the report

This Environmental Impact Assessment project report therefore provides relevant
information and an environmental consideration on the proponent’s intention to seek
approval from National Environmental Management Authority (NEMA); for the
execution of the proposed project. The scope of the assessment study covered the
physical extent of the project’s site and its immediate environs and construction works of
the proposed development. The major output of the EIA process and a component of this
EIA Report is the Environmental Management and Monitoring Plan, the benchmark in
the implementation of the mitigation measures and monitoring the environmental
performance of the facility. The EIA did not only concentrate on establishing impacts of
the proposed project in the project site but also considered the surrounding environs, and
the long-term effects of the proposed activity on environmental and socio-economic
conditions of the project area.
1.3 Methodology

 Environment screening in which the project is identified as among those requiring

Environmental Impact Assessment under schedule 2 of EMCA, 1999, amended in
2013.
 Physical inspection of the site and its environs.
 Desk top studies, consultations, questionnaires and interviews with the proponent,
his consultants, Neighbors among others.
 Preliminary assessment (reconnaissance survey) of the general property. Through
this, the development was therefore identified as being among those that needed
environmental impact assessment; as provided under schedule 2 of Environmental
Management and Coordination Act (EMCA), 1999. During the field
investigations, information on Biophysical and socio-economic environment of
the proposed development area and its environs were collected.
 The environmental scooping was then done relative to the construction operations
and activities. This provided significant environmental issues to be considered
during the assessment. To ensure comprehensiveness on the assessment, desktop
studies and interviews were held. This involved the proponent and the
consultants.
 Relevant studies and reports on the construction including design works and other
related sources of information were critically reviewed.

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1.4 Relevant Legislations
Several legislations were reviewed. The law has made provisions for the establishment of
the National Environmental Management Authority (NEMA), which has the statutory
mandate to supervise and co-ordinate all environmental activities. The Environment
Management and Co-ordination Act (EMCA), 1999, amended 2013, is the legislation that
governs EIA studies. The second schedule of the Act lists the projects that are supposed
to undergo EIA studies in accordance with section 58 (1-4) of the Act. It makes it
mandatory for any proponent of a project, to, before financing, commencing, proceeding
with, carrying out, executing or conducting or causing to be financed, commenced,
proceeded with, carried out, executed or conducted by another person any undertaking
specified in the second schedule in the Act, submit a project report to the National
Environment Management Authority (NEMA), in the prescribed form, giving the
prescribed information.
1.5 Environmental Setting and baseline data
The proposed project area is within Mujujune market, Kiamiago ward. This is a built up
area as it is within the commercial land uses of Kithoka.The geology of the area is
generally made up of metamorphic rocks with clay-loams as the predominant soils.
Land at the project site and its surroundings are moderately sloping at about 1% - 7 %.
Due to the nature of the soils coupled with the moderate slopes.
The proposed development will occur on a flat levelled ground and will have little or no
influence to the movement of surface materials, mostly soil.

1.6 Rainfall and Temperatures

The area experiences bimodal type of rainfall with the long rains occurring in March -
May and the short rains from October to December. The average annual rainfall is
between 1000mm and 1250mm.
The maximum average temperature range is 8°C to 32°C whereas minimum average
temperature is 18°C. Due to the expansive roof catchments in the estate, a lot of surface
run-off is expected to be generated

1.7 Water supply

The proposed project site is connected to the community water projects available within
the area and Meru water and sewerage water supply (MEWAS). However, during the
construction and occupation phase the water supply will be stretched however water
scarcity is not anticipated. Nevertheless, measures have been put in place for water
conservation practices especially by increasing rainwater harvesting from roofs in either
underground tank or store it in the surface water storage tank. The residents of the
proposed project should be sensitized on water use, efficiency and best conservation
practices.

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1.8 Flora
Trees play an important role in our daily lives. The obvious ones they attract rain, act as
water catchment areas, purify air, act as wind-breakers, block noise and dust, produce
oxygen and in return take in carbon dioxide (act as carbon sinks), control soil erosion, act
as a habitat (homes for birds and insects), absorb run off and also they add value to
property among many others.
The proposed project site is devoid of any trees/ vegetation of environmental value.

1.9 Population
Meru County is located in the Eastern Central region of Kenya, in the former Eastern
Province. The County population is 1,635,264 persons, projected to grow to 1,775,511 by
2022 from 2018 Population Census.

1.9.1 Infrastructure
The proposed project site can easily be accessed since it’s along Meru-Ruiri road hence
accessibility is ideal.

1.9.2Communication.
The area is well covered by all mobile phones service providers namely; Safaricom,
Airtel, Telkom and equitel Signals.

2.0 Brief overview of the Construction Sector.

The construction industry is very important for the Kenyan economy. It accounts for 5%
of the country’s GDP and employs about 1 million people with an estimated annual wage
bill of Sh3.2 billion. According to findings by Kenya National Bureau of Statistics
(KNBS), Kenya’s economy grew by 4.9% due to the improved productivity in the
construction industry. KNBS reported that the industry contributed Sh12.6 billion to the
Kenya’s GDP.The construction boom was also reflected in cement consumption which
rose to 779.3 million tonnes up from 667.1 million tonnes consumed in the same period
last year. As a result of the rapidly expanding population, the industry is expected to
grow further as investors rush to meet rising demand for housing. Extensive opportunities
for investment are huge especially in the construction of middle/low income housing,
manufacture and supply of construction materials and components as well as in the area
of upgrading informal settlements.
However, construction cannot be justified while overlooking the negative impacts such
activities has on the environment.
There is therefore a need to integrate environmental conservation in all stages of
construction activities so as to minimize the negative impacts that may result. During the

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recent years there has been a growing awareness on the importance and need for
protection and preservation of environment. In this report the impacts of proposed
construction of a - commercial building on environment, need for pragmatic view and
remedial measures have been discussed.

2.1 T.O.R (Terms of Reference)

The terms of Reference for this Environmental Impact Assessment are based on the
NEMA EIA/EA Regulations. They were;

 Description of the proposed project

 Review of relevant Policy Legal and Institutional framework

 Identification of probable impacts of the project on the environment

 Contribution of the project to local economy

 Seek views from members of the public

 Propose mitigation measure for anticipated negative impacts

 Prepare Environmental Management Plan for the project.

2.2 Scope

The scope of work conformed to the Terms of Reference (To R) and included technical
studies, internet studies, field investigations, consultative public participation (CPP), and
identification of impacts, setting out of mitigation and preventive measures and a study of
other proposed alternatives suggested in this report.

2.3 EIA Methodology

In carrying out of the Impact Assessment, the following methods were incorporated:

 CPP interview: this involves holding individual interviews with the project
proponents and other stakeholders using a pre- prepared questionnaire and Impact

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 Assessment checklists and recording the feedback. The importance of this
methodology was to create confidentiality of the source of the information.

 Literature review: this involves the review of all literature and data relevant to the
project. The literature included legislations, the CIDP, lead agencies, and
government agencies and information available from the internet.

 Site observation: this involves a walk within the proposed project site to get
acquainted with the environment and also to cross check issues, which arise from
the CPP interviews above.

2.4 Public Participation and Analysis

A total number of 12 people living or working in the environment, (neighbours and plot
owners) were interviewed to get their views on the proposed project. The respondents
have resided in the area for a period ranging from one year to ten years. Most of these
respondents were seen to have a positive attitude towards the proposed project with the
common belief that the benefits to be accrued from it would go along way in improving
the area development of the local community and improve on the aesthetic need of the
area. Benefits proposed ranged from creation of employment opportunities, improved
security, more accommodation services, generation of revenue to the government, raising
of the economy, improvement of aesthetic beauty and the boosting of other business
especially suppliers of goods and services.
2.5 Expected Benefits from the Proposed Project
From the views given out by the respondents, we can deduce that 60% of the respondents
believe that employment and job opportunities will be created with the implementation of
the proposed development. In this both skilled and unskilled employees will be engaged
during construction and operation phases. Concerning provision of commercial houses
18% of the respondents were of the opinion that the businessmen would greatly benefit
from these.12% of the respondents felt that the proposed development would lead to
improved livelihoods from employment at the premises., 8% were inclined towards
aesthetic beauty and boosting of other businesses especially the suppliers of commodities
and services related to the proposed project while 2% felt that they did not expect any

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benefit from the facility. It was therefore can conclude that the majority of the
respondents did not have any predicament in relation to the proposed project.

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 CHAPTER TWO

2.0 LEGISLATIVE AND REGULATORY FRAMEWORKS

Kenya has a fairly good number of statutes for the protection of the environment relating
to land use, physical planning, building and infrastructure construction, water resources,
pollution, environmental and occupational health. Although there is a comprehensive Act
of parliament that specifically centres on environmental issues, there is need for a wider
legal review since land development issues are multi faceted. This section therefore
examines all such policies and laws related to the project under review giving a brief
outline of each.

2.1 The Physical Planning Act Cap 286

This Act empowers local authorities to control development activities taking place within
their areas of jurisdiction. Among the relevant powers the Act grants local authorities are
the powers to prohibit or control the use and development of land and powers to consider
and approve all development applications and grant all development permissions. In
effect, no person is allowed to carry out development within the area of a local authority
without a development permission granted by that local authority. The Act further
provides for penalties relating to contravention of its provisions as relate to development
activities. A local authority is in addition empowered to require a development applicant
to submit an EIA report where a proposed development is considered of potential
injurious impacts on the environment, (Section 36).

2.2 Environmental Management and Coordination Act (EMCA) of 2015

This Act came in to force in the year 2000 January 14th, was amended in 2015 and was
aimed at combining into one legislation the 77 different statutes, which related to
environmental issues. Lack of co-ordination in dealing with environmental protection
thus necessitated the need for a comprehensive Act to deal with all environmental
matters.
The Act gives every person in Kenya a right to a clean and healthy environment. It also
confers upon every person the duty to protect and safeguard the environment. Part V of
the Act provides measures for protection and conservation of the environment. Pollution
of the environment through waste disposal, noise, dust, radiation, pesticides, and smell is

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prohibited. The Authority (National Environment Management Authority) may issue and
serve on any person in respect of any matter relating to the management of the
environment a restoration order requiring the person to restore the environment as near as
it may be to the state in which it was before the implementation of a project or an action.
Thus the polluter pays principle shall apply. Part XIII of the Act defines environmental
offences and provides for heavy penalties on any person who commits an environmental
offence. Section 148 provides that the Act shall prevail over any written law, relating to
the management of the environment that was in force immediately before the coming into
force of this Act.

2.3 The Local Government Act, Cap 265

The Local Government Act Cap 265 provides that all developments shall obtain
development permission from the Local Authority. The Act also empowers local
Authorities with the mandate to supervise developments within their areas of jurisdiction.
The local authority is also responsible to designate sites where waste generated should be
disposed In this regard; the proponent has sort development approval from the county
Council of Meru for the desired developments. These involved getting approval for the
building plans.

2.4 The Public Health Act

The Act makes it the duty of every Local Authority to take necessary lawful practicable
measures to safeguard and promote public health.

Section 126 of the Act provides for drainage and specifies the rules below:

 Provision of drainage for all new buildings.

 Prohibit the drainage of surface water into foul water sewers.
 Prohibit discharge of matter into sewers, which may interfere with free flow of the
sewage or injure the sewer.
 Empower the local authority to prohibit the discharge of injurious matter into sewers.
It is therefore expected that extra care will be undertaken in the discharge of wastes.

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2.5 Landlord and Tenants Act Cap 301
In this Act the ways through which tenants and their landlords are supposed to relate is
explained. During tenancy termination, it says a landlord should give a notice to the
tenant in the prescribed form; this notice shall not be less than two months after the
receipt of the notice by the tenant. It further details circumstances under which tenancy
period can be cancelled such as; when tenant has defaulted payment of rent, he has failed
to repair the premises occupied as agreed or when the landlord intends to demolish or
reconstruct the premises comprised in the tenancy.

2.6 Codes and Standards

Codes and standards applicable in the project include
 BS 8110:1985- structural use of concrete
 MOW: m 1973 – code of practice for the design and construction of
buildings and structures in relation to earthquakes.
 BS 5911- Precast concrete pipes, fittings and ancillary products.
 BS 5911-100 (1988) – Precast concrete pipes
 BS 8666 (2000) – bending steel
 BS 5955-6 (1980) – code of practice for the installation of U-PVC pipes-
gravity sewers/storm.
 Ministry of Public Works (MOPW) - standard details, drainage and civil
works, 1976.

2.7 The Water Quality Regulations (2006) and Waste Management Regulations
National Environment Management Authority and other players have championed two
new regulations namely. The Water Quality Regulations (2006) Gazette supplement No.
68 of September 2006, Legal notice No. 120 and the Waste Management Regulations
Gazette supplement No. 69, legal notice No. 120 of September 2006. The two regulations
will guide investors on the best practices in disposal of both wastewater and solids in
environmental friendlier ways.

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2.8 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction
Strategies Paper (PRSP)
The NPEP has the objective of reducing the incidence of poverty in both rural and urban
areas by 50 percent by the year 2015; as well as strengthening the capabilities of the poor
and vulnerable groups to earn an income. It also aims at narrowing the gender and
geographical disparities and at creating a healthy, educated and more productive
population. This plan has been prepared in line with the goals and commitments of the
World Summit for Social Development (WSSD) of 1995. The end result of this
arrangement is in line with the four focuses of the WSSD themes; of poverty eradication,
reduction of unemployment, social integration of the disadvantaged people and the
creation of an enabling economic, political, and cultural environment. This plan is to be
implemented by the Poverty Eradication Commission (PEC) formed in collaboration with
Kenyan government ministries, community based organizations, private sector, non-
governmental organizations, bilateral and multilateral donors. This strategy is important
in raising human capabilities and thus human development. The PRSP has the twin
objectives of poverty reduction and economic growth. The paper articulates Kenya’s
commitment and approach to fighting poverty; with the basic rationale that the war
against poverty cannot be won without the participation of all the stakeholders.

2.9 The Building Code

The Local Government (Adoptive By-laws) popularly known as the Building Code, seeks
to regulate all development activities within the built environment to ensure safety,
convenience and acceptable standards of construction. The By-laws specify design
standards relating to building materials, building sites, foundations, walls, fire safety,
roofs, floors, chimneys, stairs, lifts, refuse disposal, water supply, ventilation and
drainage of buildings. They also specify standards for sanitary conveniences, sewers,
access to plots and sitting and spacing about buildings within a given plot.

Any person who erects a building or develops land or changes the use of a building must
therefore comply with the requirements of the code. All such developments must be
applied for in a prescribed form and submitted to the relevant local authority for
consideration and consequent approval or rejection. To this form must be attached copies

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of the plans showing the details of construction and in particular of any framework, and
the sizes and position of any reinforcing metal. Any person who contravenes the
requirements of the By-laws is liable for an offence. Such a person will be served with a
notice prescribing the period, which will be allowed for the contravention to be rectified
and notification given to the council of the compliance with the requirements of the
notice. Section 257 of the Building Code provides penalties for failure to comply with the
any of its requirements.

2.10 Other legislations

 Registration of Titles Act cap 281
 Public Roads and Roads of Access Act cap 349
 Value Added Tax Act cap 4.76

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CHAPTER THREE

3.0 PROJECT DESCRIPTION

This section explores the various inception stages of the planning variables pertaining to
the project site from its location characteristics, infrastructure and services.

3.1 Location
The project site under study is located on plot no-5, Mwanika Market within Kithoka on
the outskirts of Meru town registered under the names of the proponent. The GPS
coordinates for the site are; N: 00°06.410’ E037°39.601’

Fig 1:-Site photo

Google excerpt for the site-source Google earth 2021

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3.2 Neighborhood description

There are various types of developments that exist in the project area. They comprise of
business premises. Residential houses also form part of the developments in the area with
a high potential of attaining very high population densities in the near future.

3.3 Infrastructural development

The project site is within Mwanika Market, which is off Meru-Ruiri road and is also
fairly served with access roads and water. Other services that the area enjoys include
electricity supply and good telephone networks.

3.4 Flora and Fauna

The area site has no vegetation of environmental value. Most of the adjacent plots are all
built up and there is no bare land around the site. The implementation of the proposed
project will therefore result to no biodiversity interference.

3.5 PROJECT ALTERNATIVES

3.5.1 Analysis of Project Alternatives

This section analyses the projects alternatives in terms of site, technology scale and waste
management options.
3.5.2 Relocation Option
The land belongs to the proponent and it’s in a very serene area within the market centre
and that is where she anticipates to putting up this commercial development.
Relocation means that the proponent will look for a different plot to establish the
proposed development.
Bearing in mind that the land owner does not have another site equaling to this, this
means that he has to look for land elsewhere. Searching for land to accommodate the
space and size of the project and completing official transaction it may take a long time
although there is no guarantee that such land could be available.
The developer will spend time on design and approvals since design and planning has to
be according to the site conditions. Project design and planning before the stage of
implementation will cost the developer a large sum of money. Whatever has been done
and paid up to this level will be counted as a loss to the developer.

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Assuming the proposed project will be given a positive response by the relevant
authorities including NEMA, the project would have been delayed for about two year’s
period before implementation. This is a delay that the proponent can ill afford. This
would also lead to a situation like no other project alternative option; the other
consequences of this would be a discouragement to local/private investors especially in
this sector that has been shunned by many public and private investors.
From the bone statements relocation of the project to different site is not viable hence it’s
ruled out.
3.5.3 No project Alternative
The no project alternative option in respect to the proposed project implies that the status
quo is maintained. This option is the most suitable alternative from the extreme
environmental perspective as it ensures non-interference with the existing conditions.
Under no project alternative, the proponent’s proposal would not receive the necessary
approval from NEMA, proposed project would not be constructed and there would be no
development. This option will however, involve several losses both to the land owner and
the community as a whole. The plot owner will continue paying land rates while the
property remains idle. The no project option is the least preferred from the socio-
economic and partly environmental perspective due to the following factors;
 Discouragement for investors
 Land will still remain idle
 No employment opportunities will be created for Kenyans bearing in mind that
the proposed project will have employment opportunities both directly or
indirectly during construction and thus improve lifestyles and livelihoods
 Local skills would remain under utilized
 Commercial houses stock will remain low

3.6 Project Design

The building will constitute of four floors. The ground floor will comprise of; 2 shops
and seven bedsitter units. All the other 3 floors will be of similar characteristics and
features and will consist of one (1 bedroom unit and 9 bedsitters). Standard electrical
wiring, accessories and fittings with external security will be installed in accordance with
the approved building plans attached.

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3.7 Project Activities
This section outlines the various inception stages of the project from planning to
decommission. The activities at each stage vary both in scope ad in duration. Below is a
discussion in detail of each phase.
Planning
Planning is the initial phase of the project. This involves various activities that aim at
ensuring that the project receives all the necessary approvals prior to the actual physical
developments. It involves the acquisition of all the necessary and relevant approvals
related to the proposed project from various Government agencies. This report detailing
out the environmental impact assessment carried out on the site will go along way in
ensuring that the regulations set by the National Environment Management Authority are
followed to the latter therefore forming an important step in the preparation phase. On the
other hand, the proponent will submit the building plans to the necessary institutions
including the Lands Office, The county government of Meru, The Planning Department,
The Public Health Department and The Physical Planning Office.
The preparation of this Environmental Impact Assessment (project report) and its
expected submission to NEMA therefore will form an essential step in the project
registration with the National Construction Authority (NCA) and subsequent issuance
with a compliance license.
Pre- Construction Stage

Project Approvals

The project has been submitted for and approved by Lead Agencies for implementation
as follows:
APPROVING ACT DATE REMARKS
AUTHORITY APPROVED

Physical Planning Physical Proponent to abide by

th
Officer Panning act, 26 /02/2021 the zoning regulations
Cap. 286 of the council.

County government The Local -Supervision to be

Government 17th /03/2021 done by a competent
Act, Cap. 265 Architect and
structural engineer.
Public health To give regulations
Public health 17th /03/2021 regarding health and

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 Act sanitation
To review the report
NEMA EMCA 2015 This EIA PR for approval and
licensing.

NCA NCA act 2014 To be sought out To build as per the act
after this approval regulation

3.8 Construction Phase

Several physical activities will be involved in this phase. These will include fencing off
the site, digging of foundation columns, excavation, leveling, transportation of building
materials and erection of the - commercial building.
During the construction, there will be regular inspections to ensure that the
implementation of the project abides with the set regulations as well as conforming to the
approved building plans. The Project architect and engineer as well as the national
construction authority (NCA) will undertake inspections on routine basis. The building
will thus undergo several certifications during the construction process until completion.
The final construction phases will include infrastructure improvements that will affect the
project area as well as establishing linkages with the existing facilities. Close
collaboration will take place between the developer, the engineer and the service
providers such as the Kenya Power and lighting company, county government of Meru
and Meru Water and Sewerage Company/ other community water projects serving the
area. In this phase, finalization activities of the project will be undertaken. These include
statutory inspections and certifications, installation of utility meters and issuance of
completion /occupation certificates by the county.
It is important to note that the county government shall issue the occupation certificates
on completion of the civil works. This is necessary to ensure that the developments were
adequately executed in line with the building regulations as well as according to the
approved plans. This will be done to certify the buildings fit for human habitation.

3.10 Operation Phase

Once the construction is completed, the development will be ready for use. At this stage
the building will start receiving tenants. The management will be expected to maintain

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the highest level of environmental protection all through. Once occupied, periodic
monitoring and maintenance will be necessary to ensure that the facilities remain in good
order. The developments are expected to remain in good condition for several decades
during which monitoring, maintenance and waste disposal activities will take place.

3.11 Final Decommissioning Phase

After some considerable use of the structure, it will reach time for either partial or
complete demolition to reflect changes in land use at the time. This will depend on the
planning and developmental changes and priorities prevailing over time in the area. The
need to decommission the structures may also arise from the deterioration of the state of
the buildings due to age. Decommissioning strategies to be adopted are given below:

 Assess the prevailing planning and development policy in application in the area to
determine the appropriate future use of the land.
 Assessment of the condition of the building to determine appropriate use or disposal
off materials.
 Prepare a demolition plan.
 Apply for approvals to the relevant agencies.
 Fencing off the site.
 Disconnection and removal of utilities e.g. water pipes, electricity and telephone
cables.
 Remove all the underground facilities like water pipes, electricity and telephone
cables
 Manual demolition of the structures
 Reuse or sell the salvaged materials.
 Disposal off generated waste and debris at designated council sites.
The completion of the decommissioning phase will thus open an opportunity for another
development cycle.

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CHAPTER FOUR

4.0 POTENTIAL ENVIRONMENTAL IMPACTS

The proposed project, like any other physical development activity, is bound to impact on
the biophysical and socio-economic environments at the various stages of its
implementation and operation. These impacts need to be analyzed prior to its
implementation in order to mitigate against the probable negative impacts. This EIA
report therefore attempts to reconcile the proposed development to the environmental
needs. The maximization of the positive impacts of a development project while
minimizing the negative impacts of the same remains crucial in the realization of
sustainable development.

4.1 Negative Impacts on the Natural Environment

These are the environmental unfriendly impacts both short and long term that cover all
the phases of the project under review.

Construction phase
Noise
The construction activities involve use of heavy machinery especially during the building
construction, transportation of materials, ground leveling phase and digging of foundation
trenches. The noise pollution though a short term both to the construction workers and
the neighbouring population will be mitigated against in the Environmental Management
Plan (E.M.P)

Air quality
Construction activities will result in generation of dust particles and smoke from soil and
machinery. These may temporarily minimally lower the air quality. It is thus imperative
to provide workers with protective gadgets during construction phase and effect the
measures outlined in the EMP.

Disturbance of soil profile

Excavation during the project will result in minimal soil disturbances. This should be
limited to the construction area.

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Destruction of Flora and loss of Fauna
The site is devoid of any plants or animals.

Accidents

Some project activities such as movement of construction materials and the construction
process itself may cause physical injuries to the workers during the construction process.
Construction sites in addition attract many stakeholders who may expose themselves to
risks of accidental falling rocks.
Lorries transporting construction materials could also cause accidents if carelessly driven.

Construction waste
Wastes predominantly solid waste generated during construction phase could cause
environmental quality degradation if not properly disposed off. The wastes include pieces
of tiles, timber, glassware, and soil and stones debris. Although no hazardous wastes will
be generated proper disposal mechanism must be put in place for the non toxic waste.

Operation phase
Upon completion of the project there will be likely negative impacts on the environment
in the following ways:
Grey water
With the increased number of people residing and working within the development, the
volume of grey water produced from designated wash rooms, hand wash basins, kitchens
and laundry will significantly increase if poorly disposed off, and this water could be a
serious environmental hazard.
Storm water
During heavy rains, storm water could cause a lot of damage to people and investment if
not properly channeled and disposed off.
Solid waste
The proposed development will generate solid wastes. General waste is expected to be
produced but in small quantities. This can be disposed in one central place within the
premises after which licensed waste handlers can periodically dispose it to designated
dumpsites. Kitchen garbage will be centrally collected within the site and disposed off by
licensed handlers.

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Fire outbreaks
Fire outbreaks are known to occur in buildings like the one proposed. The design has
provided protection devices. These plus safety measures to deal with such emergencies
will be incorporated into the EMP.
4.2 Positive impacts of the project
This project is likely to produce many positive impacts to Meru town and its environs and
further the national economies. It is precisely for these reasons that this project is being
carried out.
Employment creation
The project is expected to create jobs in all its various stages. In the planning and design
stage many qualified professionals will be employed. There will be contractual jobs
during construction phase. At the operational phase, skilled and unskilled members will
be residing in various departments within the building. There is high potential for
businesses given that the proposed site is near the town centre. This will create revenue
for the county government through licenses and other levies.

Improvement of local and national economies

The construction phase will release money into the economy through purchase of
building materials and hiring of both skilled and semi- skilled labour.
The additional economic impact of this facility will be through business permits, license
fees and rates to the local authority. This will be critical in improving the general welfare
of the Meru town dwellers through services offered by the County government. The
central government will in addition levy taxes such as value-added tax, income tax etc.

Enhanced Land Values Land always appreciates in value after construction of well
planned and designed project. After the proposed development is constructed, the plot
value and values of surrounding plots will have increased values.
Enhanced environmental quality
The aesthetic value of the project site will improve with the implementation of the
project. In addition, provisions for tree planting on the land with particular preference to
ornamental species will contribute to area aesthetic nature. These factors will improve

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environmental quality within the project site, and thus the enjoyment of the same.
Improved area security
Once the proposed facility is operational a number of security guards will be employed to
man the premise. This is likely to promote area security improvement.
Creation of higher returns for the proponent
People always invest with an aim of expected higher economic returns. The proponent in
this case would not have invested so heavily without sure proof of good economic
returns. These returns will in turn be used for further investment hopefully within Kenya.
Such systematic investments move national economies from Third to First world

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CHAPTER FIVE

5.0 ENVIRONMENTAL MONITORING AND MANAGEMENT

In this section mitigation measures are suggested for the identified negative impacts.
Those responsible for implementing the same are identified, implementation time is also
given.

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Construction phase
This is the first stage in project implementation after the preparatory stages such as physical planning, preparation and approval of
building plans. It involves such activities as transportation of machinery to site, excavation and actual construction up to removal of
construction waste and debris.
Table1: Environmental Management/ Monitoring Plan for the construction phase of the project
Activity Action required Responsibility Time frame
Maintain the occupational health - Ensure adherence to MOH Covid-19 containment measures Contractor Continuous
of the construction workers -Provide toilets for the workers which should be kept clean at
all times.
- Provide a clean water stand pipe on the construction site for
use by the workers. Contractor
- Hire only licensed (NCA accredited) construction workers
on the site
Workers to undergo medical check –ups.
Reduce dust pollution - Provide dust masks and noise mufflers to workers in the Contractor Daily
course of their daily construction activities.
- Sprinkle water when the surfaces are dry and likely to be
blown by wind.
- fence off the site.
Maintenance of soil profile - Excavation will only be concentrated along foundation Building When laying

26
 lines. Contractor/ foundation
proponent
Reduce nuisance such as noise Erect temporary hoarding of a height of not less than 6 metres Contractor Continuous
and dust to neighbouring publics to be erected all around the site in accordance with the
and passers by and traffic County government of Meru by-laws.
obstruction.
Complete all construction work - All works is to be done as shown in the architectural plans Contractor/
as approved and civil/engineering drawings. Proponent Site Once off
- Certifications of compliance and occupation to be issued as Engineer
defined by the law. Director of
Physical
Planning
Reduce accidents among - Contracting qualified and experienced builders Contractor
construction workers - Providing written instructions on how to respond during Once off
accidents Contractor
- Provide a list of contact persons and hospitals to be
contacted during accidents Contractor

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Operational Phase
This is the longest stage of project activities. It is at this stage that the intended project activities are accomplished. During this phase care
must be taken to ensure that the following mitigation measures are strictly implemented.

5.1 Environmental Management Plan.

Table 2: Environmental Management Plan for the operational phase of the project

Anticipated Action required Responsibility Time frame Cost

negative Impacts

Fire outbreaks - Conduct fire drills to the residents. proponent Quarterly 10,000
-Installation and inspection of fire extinguishers and other fire Inspection to be Nil
equipments continuous Varying
-Installation and replacement of smoke detectors Replacement to
-Ensure fire blankets, fire extinguishers and hose reels are always in be done quarterly Varying
good condition. Continuous

Soil Erosion -compact the loose soils proponent 1000/month Varying

-replant grasses
Solid waste -Provide dust/garbage bins and contract a licensed solid waste Management 10,000 Nil
accumalation handler.

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Increased energy - Install power saving bulbs. Management Continuous Varying
and water demands - Put off power when not needed Workers
- Close water taps when not in use.
Effluent discharge -Construct a functional septic tank. Management Monthly Varying
-Direct waste domestic water via soak pit
-Exhausting filled-up septic tanks. Annualy Varying

The Decommissioning Phase

This is the final stage in any proposed development. Its mostly hypothetical but may arise in cases where the premises age or the land
zoning is altered. Several measures have to be put in place to ensure that the area returns to its original state or to a better state.

Table 3: Environmental Management Plan for the Decommissioning Phase

Issue Action Required Responsibility Time Frame Cost

Demolition of the -Approval of the demolition plans. Proponent 2months Varying
buildings - Fencing off of the site. Contractor 2 weeks
- Disconnection of all utilities including electricity and Engineer 2 days
piping systems. 2 weeks
- Actual bringing down of the buildings by use of the
required machinery and procedure.
Disposal of debris - Reuse and recycling of salvaged material. Contractor Always Varying
- Disposal of unwanted material and debris to the County Proponent

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 government of Meru selected sites. Licensed waste handler
Rehabilitation and - Backfilling of the foundation columns and open Contractor Once off 100,000
landscaping of the trenches. Ecologist
site - Environmentally friendly vegetation should be planted
in the area to reclaim the original state of the site.
Total >100,000

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CONCLUSIONS AND RECOMMENDATIONS
In any implementation of a proposed project development are beneficial aspects not just
to the proponent but also to the locals and the whole community at large. The
construction of the proposed - commercial development that is to take place will be a step
in the right direction towards the attainment of the Government agenda in Kenya like
making the country a better place to live and work in. The economic and creation of
employment objectives will also be enhanced as the implementation of the proposed
development is in line with them. It has been clearly outlined in the report that certain
benefits will be accrued from the implementation of the proposed project ranging from
creation of employment, payment of taxes to the Government, creation of an affordable –
commercial facility among others. In addition to the beneficial aspects, some negative
impacts were also discussed and their mitigation measures posted for the proponent to put
into action. Comprehensive environmental management plans have been given to ensure
continued environmental protection. The project can therefore be seen to have
insignificant negativity on the environment and its bio-physical components. We
therefore hope that with all the details presented, the project will be given a go ahead and
implementation realised.

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REFERENCES

I. Kenya gazette supplement Acts Building Code 2000. Government Printer,

Nairobi.

II. Kenya gazette supplement Acts Public Health Act (CAP. 242). Government
Printer, Nairobi.

III. Kenya gazette supplement number 56. Environmental Impact Assessment and
Audit Regulations 2003 & 2019. Government Printer, Nairobi.

IV. Kenya gazette supplement number 69. Environmental Management and Co-
ordination (Waste Management) Regulations 2009. Government Printer, Nairobi.

V. Kenya gazette supplement number 68. Environmental Management and Co-

ordination (Water Quality) Regulations 2009. Government Printer, Nairobi.

VI. Other EIA reports done by the consultant.

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33
MINUTES FOR THE CPP AND CONSULTATION FOR THE PROPOSED
COMMERCIAL BIULDING ON PLOT NUMBER 5 MWANIKA MARKET

PRESENT;

S/No. NAME ID NUMBER CONTACT

1 Bonface Manyara 20260811 0722630172
2 Lucy Kairuthi 12312683 0705023171
3 Henry Mworia Plot no. 6 N/A
4 Monica Nkirote 19223610 0708505340
5 Caroline Kariuki 37921487 0799861567
6 Joseph Minyori 9697306 0723828154
7 Kinyua Mbijiwe 0725256885
8 Florence Kabobori 11326362 07122942506

The meeting started at noon after a word of prayer by a volunteer. The consultant
introduced the agenda for the meeting as follows;
 Nature of the proposed development
 The positive impacts of the proposal
 The negative impacts of the proposal
 Mitigation measures for the negative impacts
 AOB
MIN 1. The nature of the project was disclosed to the public who were invited to share
their views freely as their confidentiality was assured.
MIN 2. THE POSITIVE IMPACTS
The following positive impacts were identified;
 Employment creation
 Income generation
 Raising of land value
 Aesthetic beauty of the neighbourhood

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  Increase of housing stock within the market
MIN 3. NEGATIVE IMPACTS
The following negative impacts were identified;
 Noise from machinery and equipment
 Dust pollution
 Increase in water & power demand
 Increase in waste generation
 Grey water
MIN 4. MITIGATION MEASURES
The following mitigation measures were proposed;
 Noise from machinery and equipment
-Provision of ear muffs to workers
-Construction work and delivery of construction materials to be on working hours only
-idling of vehicles discouraged
 Dust pollution
-Fencing of the site
-Setting down the dust
-Erection of dust screens
 Increase in water & power demand
-Recycling of water and prudent water using
-Rain water harvesting and storage
-Use of energy saving bulbs
-Use of solar energy
 Increase in waste generation
-waste separation and contracting of licensed waste handler
 Grey water
-Provision of septic tank as in the approved designs
-Development and maintain ace of good drainage system

There being no other business the meeting ended at 2.00 PM with a word of prayer.

Signed…………………

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